13. Clerks Number 2. Clerks of Records to issue forth Warrants for Towns to choose Jurors to serve on the Grand Inquest and for Tryals Page 13. Constables Number 1. The Towns to choose their Constables and Town-Clerk to Return their Names to Court Penalty of Constables Non appearance to take Oath Page 14. Number 2. None to be compelled to serve in that Office again in seven years Page 14. Number 3. Liberty to make his Deputy c. Page 14. Number 4. Constables their Duty to collect all Rates Levy Fines c. Page 14. Number 5. To have a Black Staff Page 14. Number 6. To conveigh Offenders from Constable to Constable Put forth Hue and Cryes in case apprehend Offenders make search all to assist the Constable on penalty Page 15 Number 7. Rates to collect and pay when time limited on penalty Page 15. Number 8. To Distrain without Warrant for Rates his Fees for Distress Liberty to gather Rates after his year but not to distrain for what was paid before under Penalty nor but within three years Page 16 Number 9. Constables to have the power of Water-Bayliffs Page 16. Conveyances Fraudulent Conveyances Fraudulent not valid Page 16. CHAPTER VI. Courts Number 1. ALL Courts to be held and all Commissions Writs and Executions to be in His Majesties Name Page 16. And first the General Court General Courts Constitution and Power Page 16. Number 2. Place and time of Sitting Page 17. Election of Governours c. To Dissolve or Adjours Page 17. Number 3. Power to Summon a General Court on special occasion Fine for Non appearance or Departure without Licence Encreased by Contempt Page 17. Number 4. Freemens liberty to send Votes by proxy Sealed up Penalty for neglect and for Non-Freemens Voting and Freemens putting in more Votes than one for one person Page 17. Number 5. Freemens power and how to be qualifyed before admitted like qualifications for Deputies and other places of Trust Page 17. Number 6. Cause of Disfranchising Freemen and by whom Page 18. Number 7. Towns annual choice of Deputies and if not Elected according to Law then to be sent back with the Reasons thereof Page 18. Number 8. No Act of Court to pass without consent and vote of the Major part who to have a casting Vote Page 18. Number 9. Commissioners the next in nomination in case to attend Page 18. Number 10. Halbertiers Attendance Page 18. Number 11. Secretaries annual choice Page 18. Courts of Assistants or Magistrates Number 1. Court of Assistants where and when to sit their power Page 19. Number 2. Liberty to call a Court of Assistants when special occasion Page 19. Number 3. Condemned persons the time of their Execution Repreive Page 19. Courts of Admiralty Number 1. Courts of Admiralty their constitution power Page 19. county-County-Courts Number 1. Counties and county-County-Courts their constitution and power Page 19. Number 2. The County of Plimouth its Limits Courts Number Time and Place Page 20. Number 3. The County of Barnstable its limits number time and place Page 20. Number 3. The Court of Bristol its limits courts number time and place Page 20. Number 4. Deeds c. may be recorded in the County whereto they do belong and held sufficient Page 20. Number 5. County-courts to settle the Estates of Intestates and take Probates of Wills Page 20. Number 6. To make Orders for County-Prisons High-ways Bridges and Rates in their County Page 20. Number 7. Appoint Administration and secure Intestate Strangers Estate Page 20. Number 8. Town-clerk to Return to the county-County-court the Names of Constable Jurors c. chosen and the names of Sele ct-men to the Court of Election Page 21. Number 9. Clerks of the county-County-court to be Recorders of the County Their work and power page 21 Number 10. County Courts Adjournment Page 21. Number 11. County-Marshalls work and power Page 21. Number 12. In what case two Magistrates may grant Administration take probate of Wills out of Court Page 21. Number 13. Who may determine matters of Equity that cannot be releaved by the common Law Page 21. Number 14. Who may choose Raters in defect Page 21 Number 15. Criminals to pay cost of Prosecution Page 21. Number 16. Before whom a Judgment acknowledged shall be good in Law Page 21 Courts of Select men Courts of Select-men their constitution and power Page 22. CHAPTER VII Criminals Number 1. A Dultry how to be punished Page 22. Number 2. Fornication how before Contract how if they be or will be Married if after Contract lawful Contract what Page 23. Number 3. Burglary and open Robbery how to be punished the first the second offence Page 23. Number 4. Stealing or Purloining the first second third offence Page 23. Number 5. Profane Swearing first second offence c. Page 23. Number 6. Villifying the Scriptures or Holy Pen men thereof or the Word of God Preached or Ministers thereof or the Ways Churches and Ordinances of Christ Page 23. Number 7. Forcible Detainer Entry and Possession Page 24. Number 8. Disturbance of the Peace Defamation of Court or Judge beating or hurting any person Page 24. NUMBER 9. Forging of Deeds Bonds Bills c. PAGE 24. NUMBER 10. Falsifying of Records or corrupting of any Officer to such evil intent PAGE 24. NUMBER 11. Pernitious Lying PAGE 25. NUMBER 12. Wilful Burning of Fences PAGE 25. NUMBER 13. Wilful brecking down Fence Gate or leaving open Gate or Bars PAGE 25 NUMBER 14. Removing or Defacing of Land-mark PAGE 25 NUMBER 15. Playing at Cards or any unlawful Games PAGE 25. NUMBER 16. Disguising Apparel to Lascivious Ends PAGE 25 NUMBER 17. Penalty of Drunkenness first second third and fourth offence Drunkenness what PAGE 25. NUMBER 18. Penalty of common Drunkards of such as furnish them with Drink PAGE 26. NUMBER 19. Indiscreet firing the Woods PAGE 26. NUMBER 20. Penalt of working or playing on Publick Days of Humiliation or Thanksgiving PAGE 26. NUMBER 21. Of running Races with Horses in the Streets PAGE 26. NUMBER 22. Of Night-Walkers PAGE 26. NUMBER 23. Of Non-appearance on Summons to answer any Presentment c. PAGE 27. NUMBER 24. Of Misdemeanours where no particular Law or Penalty limited PAGE 27. CHAPTER VIII Deaths untimely DEaths untimely to have a Coroners Inquest before Buryal PAGE 27. Dower Wives to enjoy a third part of their deceased Husbands Lands to be set out to them by Metes and Bounds but shall not make strip or waste c. and Debts first paid one third part of her late Husbands personal Estate the other two thirds to be disposed amongst her Husbands Children Page 28. Dures No Conveyance valid obtained by Illegal violence Page 28. CHAPTER IX Fairs Two Fairs annually at Bristol Page 28 Fences Number 1. FEnces how sufficient or bear the damage to common Fences how and when to be Repaired on Penalty Page 29 Number 2 Fence Veiwers to be chosen sworn Page 29 Number 3 Improvers of Land to make and maintain half the Fence
Sit at Plimouth twice a year namely the first Tuesday in April when where to Sit. and the first Tuesday in October to Hear Examine and Determine all Cases of Life Limb Banishment and matters of Divorce according to Law and to Receive and Try all Appeals duely brought unto them from any Inferiour Court whether in matters Civil or Criminal to order Warrants for the choice of Juries and constitute Clerks or other needful Officers their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due to such as upon occasion have been Imployed in the Countries Service In which Court to make a valid Determination There shall pe present at least the Governour or Deputy Governour and four Assistants 2. And that Justice be not deferred nor the Countrey needlesly charged It shall be lawful for the Governour Liberty to call a Court of Assistance on special occasion or in his absence the Deputy Governour to call a Court of Assistants to try any Malefactors in any Capital Cause or upon other weighty Occasions as he shall see need 3. Ordered That no Person shall be put to Death in less than four dayes after Condemnation unless the Court see special cause or in case of Martial Law And that it shall be lawful for the Governour or Deputy Governour with the consent of two Magistrates Condemned persons the time of Execution Replevin to Reprieve a condemned Malefactor for a short time and if there be to them special Reason to the next General Court And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants by Order of said Court Court of Admiralty BE it Enaced by this Court and the Authority thereof That the Governour for the time being or the Deputy Governour with three or four or the Assistants Courts or Admiratly their constitution power and such other Substantial Persons as the Governour for the time being shall commissionate under the Seal of this Colony shall have full Power to Act as a Court of Admiralty for Hearing and Trying and Determining all Matters and Causes which by the Act Intituled Pirates and Privateers are to be Tried thereby or by a Quorum of them as by the said Commission shall be Authorized either by themselves alone or together with or by a Jury Impannelled for such Trials as the Case may Require County Courts 1. IT is Ordered by this Court and the Authority thereof That there be in this Colony three Counties Countie and County Courts their constitution and that in each County there shall be kept annually two County Courts which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same or by such as the General Court shall appoint from time to time and to make a Court there shall be present not less than three Magistrates or Associates and in no case shall Judgment be given without there be two consenting or the major part if more than four Judges and in the absence of the Governour or Deputy Governour the eldest Magistrate shall be President of the Court which Court shall have and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries and to constitute Clerks and other needful Officers the County Treasurer to be appointed and allowed of by said Court annually It is Ordered That each County Court shall have and hereby have power to Hear Try and Determine according to Law all Matters Actions Gauses and Complaints Their power whither Civil or Criminal in any Case not extending to Life Limb or Banishment or matter of Divorce The County of Plimouth its Limits 2. It is Ordered That Plimouth Duxbury Scituate Marshfield Bridgwater and Middlebrough together with all such Place and Villages that do or may lye between the said Towns and the Patent Line be a County Plimouth the County Town and said County called the County of Plimouth In which County shall be kept two County Courts annually courts number time place at the Town of Plimouth one on the third Tuesday in March and the other on the third Tuesday in September The County of Barnstable its Limits 3. It is also Ordered That Barnstable Sandwich Yarmouth and Easthaws the Villages of Sippican Suckonesset and Manamoy shall be a County Barnstable the County Town and said County shall be called the County of Barnstable courts number time place in which County shall be kept two County Courts annually at the County Towns one on the third Tuesday in April and the other on the third Tuesday in October The County of Bristol its Limits It is further Ordered That Bristol Taunton Rehoboth Dartmonth Swansey Little Compton Free-Town Sowammit Pocasset Punkatest and all such Places Towns and Villages as are or may be settled on said Lands shall be a County courts number time place Bristol the County Town and the said County shall be called the County of Bristol In which County shall be kept two County Courts annually at the County Town one on the third Tuesday in May and the other on the third Tuesday in November Deeds c. may be Recordedin the County where they ly and held sufficient 4. It is Ordered c. That all Deeds Bargains Mortgages for Houses Rents Lands not already Recorded in the Publick Records or that shall not be Recorded before the first County Court of each County shall or may be Recorded in the County where they lye by the County Recorder which shall from and after the first County Court that Sits in said County be accounted Legal and Sufficient Record for the same it having been acknowledged or duely Proved before the Recording County Courts to settle the Estate of intestats take probats of Wills 5. It is Ordered that such County Court shall have and hereby have power to settle and dispose according to Law the Estate of any Person that dies Intestate within the County and to grant Letters of Administration and take the probate of Wills To make Orders for County Prisons High-wayes Bridges Rates in their County 6. It is Enacted That County Courts have Power to make effectual Orders about county Prisons High wayes and Bridges and when there is occasion Order Rates to be made in the several Towns and Places of the County for defraying County charges The Raters of each Town to Rate their Inhabitants or Persons under their Constablerick according to the proportion Ordered by the County Court and the Constable to gather such Rates and be accountable for the same to the County Treasurer 7. It is Ordered That in any County where a Stranger dies Intestate the County Court shall appoint a meet Person to Administer on his Estate if he leave any and to secure the same for them of whom of
Number 3 Hides brought from other Parts and sold or used unsealed to be forfeited The choosing of the Sealers left to the several Plantations Page 45 Number 4 Defective Leather to be searcht for and seized who to have the forfeiture the Sealers Default and Penalty Page 45 CHAPTER XIII Magistrates Number 1 MAgistrates have power to grant Attachments Summons Warrants for Distress c. to hear and determine the breach of Penal Laws not exceeding forty shillings and all Actions of Debt not exceeding forty shillings to examine all suspitious persons administer Oaths and in case to commit to Prison c. Page 46 Marriages Births and Buryals Number 1 A Register to be kept of Marriages Births and Buryals by the Town-clerk and by him to be exhibited to the County-court yearly Page 47 Number 2 Town-clerk to publish Marriages none to be Married without publishing and how to be published Page 47 Number 3 None to be Married without consent of c that are under Covert Page 47 Number 4 None shall inveigle or go about to steall away the Affections of any Maid under Covert without the Consent c. Page 47 Number 5 Who to Solemnize Marriages and to keep Register thereof Page 48 Number 6 No Man to strike his Wife or Woman her Husband Page 48 Maritime matters How to be Tryed Page 48 Marshalls and Constables Directions Attachments Summons c to be served by Marshalls Constables or their Deputies A Return to be made thereof satisfaction first to be demanded by the Officer before Destraint be made Page 48 A Levy to be made upon House or Land if other Estate be not found The Officer in no case to be put to seek for Estate any further than the persons usual place of Abode may seiz the Body in case the person refuse to discover Estate of sufficient value Page 49 Distraint not to be made upon Bedding c. Such liable to Fine or other Punishment who exposeth an others Goods to Destrain instead of his own Page 49 Mills and Millers How much Toll Millers may take They are to have Weights and Scales and two Toll Dishes sealed Page 49 Measures A Copper Standard to be procured and other Measures that are allowed to be made by it Page 50 Meeting-houses Meeting-houses to be Erected in every Town Page 50 Ministers Maintenance Ministers Maintenance how to be raised and how the Inhabitants or some of them shall be Assisted in getting and main taining an able Minister and what to be done where the Inhabitants are negligent therein Page 50 CHAPTER XIV Military Affairs Number 1 THe Souldiers in each County to be a Regiment and commanded by a Serjeant Major Page 51 Companies their Officers and how to be chosen Page 51 Number 2 All between Sixteen and Sixty to attend Trainings and who are exempted from them how they are to be Punished who neglect Trainings and refuse to pay their Fines Page 52 Number 3 Fines to be improved for supplying the Company with Drums Colours c. Page 52 Number 4 How every person of Sixteen Years and upwards is to be provided with Arms and Ammunition Page 52 Number 5 Four Days in a year for Exercise in Motions and use of Arms. Page 52 Number 6 Who are to Vote for persons to be Presented to the Court for Commission-Officers Page 53 Number 7. His Fine that refuseth the Office of a Clerk The Clerks work and duty and Recompence Page 53 Number 8 The Clerk may Distrain by vertue of his Office Page 53 Number 9 The Commission Officers have power to punish Souldiers that are Offenders Page 53 Number 10 Who and how oft to view Arms and Ammunition Page 53 Number 11 Penalty for defect of Drums Page 53 Number 12 Colours Drums c. how to be provided and maintained Page 53 Number 13 Council of War or Court-Marshal its Constitution its power Page 53 Number 14 What Stock of Arms and Ammunition for the Colony for the particular Towns Page 54 Number 15. Military Watches and Wards Page 54 Number 16 Alarms how to be attended what to be taken for an Alarm Page 54 Number 17 Town-Council their Constitution Power Page 55 Number 18 The Major to call his Officers to consult Page 55 Liberty for a Troop Page 55 Priviledg of Commission Officers for idle persons not providing Arms. Page 55 Maimed Soldiers to be provided for Page 55 CHAPTER XV. Pound or Impounded Number 1 IN every Town to be a Pound Cattle to be Repleived or Damage Satisfied Page 56 Number 2 In what Case Cattle trespassing may be Impounded in any place of Restraint upon a mans own ground what shall be sufficient proof of the Cattle that did the Damage Page 56 Number 3 Cattle Damage feizant what shall be allowed for driving them to Pound Page 56 Number 4 The Penalty of Rescues or Pound-breaches Page 57 Sabbath Number 1 Prophanation of Sabbath Page 57 Number 2 To be found Sporting or Drinking on Saturday or Sabbath-day Night after Sun-Set Page 57 Number 3 How far and in what case to Travel on the Sabbath Page 57 Schools Number 1 Latine Schools its encouragement Page 58 Number 2 Maintenance of Schools how to be raised Page 58 Swine Swine to be Ringed Page 59 Town Affairs Number 1 Towns to make Orders Page 59 Number 2 Constables to warn Town-Meetings Page 59 Number 3 Who have liberty to Vote in Town-Meetings Page 59 Number 4 Fines to the Town to be paid to the Select Men. Page 59. Number 5 Choice of Town Officers Page 59 Number 6 Who to be the Town Charge Page 60 Number 7 Persons warned out of any Town no longer to be employed or entertained Page 60 Number 8 Those that have been Inhabitants of another Town to return to that Town Page 60 Number 9 A pair of Stocks and Whipping Post to be in every Town Page 60 Number 10 Who shall be allowed to be House-keepers Page 60 Number 11 He that brings in any like to be a Charge shall secure the Town But if an Apprentice only during his time Page 60 Number 12 Poor to be maintained and by whom Page 61 Number 13 None shall come to inhabit without leave Page 61 Number 14 Penalty of Refusing the Oath of Fidelity Page 61 Number 15 Trespass to Herd on any mans Propriety Page 61 Number 16 Timber Felled and not improved Forfeit Page 61 Number 17 Fit Officers to be chosen none Oppressed Page 61 Number 18 A Ladder to every house Page 61 Number 19 Town Bounds how to be setled and how between Nighbours Page 62 CHAPTER XVI Watches WAtches how to be ordered and attended Witnesses Page 62 Number 1 How Testimonies to be taken Page 63 Number 2 How to be taken in Cases Capital Page 63 Number 3 Testimonies to be written by them that swear or such as are not Parties in the case Penalty for Non-appearance Page 63 Number 4 Witnesses how to be paid Page 63 Wills Number 1 Wills to be witnessed Page 63 Number 2 Proved at Court an Inventory to be taken and with the Will Recorded Page 63 Number 3 Wills Nuncupative Page 64 Number 4 Executors to present the Will to probate Page 64 Number 5 What in case Executors refuse their Executorship Page 64 Number 6 In what case Executors or others Administring shall be lyable to Respond all Debts and Dues Page 64 Number 7 Administrators to be bound by two sufficient Sureties Page 64 Number 8 Dispose of Intestates Estate Page 64 Number 9 Daughters Portions how to be paid Page 65 Wolves Killing of Wolves what how to be paid Page 65 Wrecks How Wreckt Goods shall be secured and disposed Page 66 Number 2 No violence or wrong to be offered to Persons or Goods in Vessels that are driven on Shoar Page 66 FINIS
Security to respond Costs before Summons or Attachment gr nted 13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction or against a Forreigner before he hath given sufficient security or caution duly to Prosecute his Action and to answer the Defendant such Cost and Damages as the Court may award on penalty of making good the Damage by the Granter 14. And it is further Ordered That in all Attachments of Goods and Chattels Lands or Heriditaments In Attachment of Goods c. Legal notice to be given to the parties concerned Lands or Heriditaments whether it be by Forreigners or settled Inhabitants Legal notice shall be given to the Party concern'd either personally or by leaving a Copy of the Summons or Attachment five compleat working dayes before the Court at the House or place of or that was his usual abode before the Suit proceed but if he be out of the Jurisdiction the Cause notwithstanding shall proceed to Tryal and if Judgment pass for the Plantiff it shall be Entred And in what case Execution shall be respited but Execution shall not be granted until the next Court and that the Plantiff hath given sufficient Security to be Responsible to the Defendant if he shall Reverse the Judgment within one Year or such further time as the Court shall see cause to order 15. Be it Enacted That henceforth Lands or Goods Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given lands or goods Attacht when to be released and when not but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged provided Execution be levied thereon within one Month after Judgment and that where any Marshal or Constable or their lawful Deputie shall by virtue of any Warrant Attach any mans Person he shall take Bond of him with sufficient Security or Sureties And so of Bonds and furties bound to such Officers for his or their Appearance at the Court Attached to and to abide Tryal and in case of Appeal to the Court Appealed to till the Judgment be there Entered How the Officer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment for the Plantiff to lay his Execution on if he see cause after which time the Surety to be cleared The officer shall make his Return and Indorse his Bond on the back-side of the Attachment and when the Officer shall deliver the Person to the Jaylor or take the Bond and return the same with the Attachment to Court And if any Person Attached shall neglect or refuse to give Bond or sufficient Security be shall by said Officer be delivered to the Jaylor of the County who shall keep him in Custody until six dayes after Judgment or till Released by the Party at whose Suit Attached and the Plantiff Levy his Execution afterwards as the Law Directs 16. Liberty is granted by this Court to any person to improve one or two Attorneys in any Civil Action to help him in his Pleas provided they be persons of good Repute and such as the Court shall approve and the said Attorneys are Required as to be faithful to their Client Attorneys allowed so also to avoid fraudulent Pleas that may have a tendency to mislead the Court or darken the Case and in no Case shall be allowed for Attoneys more than five shillings and Attorney or Attorneys at Select Courts or Magistrates Courts to be allowed but two shillings in any Case Barratry punished 17. And it is Enacted that if any Person be proved a common Barrater by vexing others with unjust frequent and troublesome Suits it shall be in the power of the Court both to eject his Cause and punish him for his Barratry by Fine or Imprisonment 18. It is Ordered That no man's Person shall be Restrained Imprisoned by any Authority whatsoever Who Bailable before the Law hath Sentenced him thereunto if he can put in sufficient Security Bail or Mainprize for his Appearance and good Behaviour in the mean time unless it be in Crimes Capital and Contempt in open Court or in such Case where some express Act of the General Court doth allow it No Levy on Lands where Goods found nor Surety Destrained where princile sufficient nor Beast of Plough or Draught 19. It is Ordered That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie neither shall the Pledges or Suits be Distreined so long as the Principle or sufficient Estate of the Principles can be found nor Beasts of the Plough or Draught for Debt if others may be found to satifie it except for Damage feizant 20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded Replevin Distreined or Seized unless it be upon Execution after Judgment or for payment of Rates or Fines Provided he put in Security to Prosecute his Replevin and to satisfie such Damage and Charge as his Adversary shall Recover against him in Law Age Ability Age of Discretion 21. IT is Ordered by this Court and the Authority thereof That none shall have power to pass away Lands Hereditaments or other Estate or be capable of Sueing or being Sued at any Court in their own Person neither shall give Votes Verdicts or Sentence in any Civil Court or Cause until he or they attain unto the age of twenty one years But any Parent or Master shall or may Require and Sue for Satisfaction for any wrong or damage done their Children or Servants And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years to Secure or Defend their Estate or otherwise act for them as may be requisite the Court allowing thereof and the Court may chuse and appoint Guardians for such as are under fourteen years But in any matter Criminal as well younger as elder shall be liable to Answer for the same in their own persons Appeals 22. IT is Ordered by this Court and the Authority thereof That it shall be the liberty of any Person or Persons Cast of Sentenced Liberty to appeal in Cases Civil or Criminal to Appeal if from the Sentance or Determination of a Magistrate or Select Court or other Person Impowred to hear and determine in any Case as before unto a County Court and any may Appeal from a County Court to a Court of Assistants alwayes Provided they tender their Appeal in twenty four hours after Judgment and the Court not Dissolved and put in Security before the Judges of the Court or according to their Order to Prosecute their Appeal to effect and to satisfie all Damage before Execution granted and in Criminal Cases besides such Bond to give Bond with Security for their good Behaviour until the time of the Court
Constable to Constable or belonging to any forreign Jurisdiction in this Countrey or by Warrant from any such Authority shall be presently received and conveyed forthwith from Constable to Constable till they be brought to the place to which they are sent or before some Magistrate of this Jurisdiction who shall dispose of them as the Justice of the came shall require and all Hues and Cries shall be duely received and diligently pursued to full effect And where no Magistrate is near every Constable shall have full power to make Put forth Hue Cries in case sign and put forth Pursuits of Hues and Cries after Murtherers Man slayers Peace breakers Thieves Robbers Burglarers and other Capital Offenders as also to Apprehend without Warrant such as are overtaken with Drink Swearing Sabbath-breaking Vagrant Persons Night-walkers provided they be taken in the manner either by the sight of the Constable Apprehend offenders or by present information by others As also to make search for all such persons either on the Sabbath day or other when there shall be occasion Make Search in all Houses Licensed to Sell either Wine or Beer or in any other suspected or disordered place and those to Apprehend and keep in safe custody till opportunity serve to bring them before one of the next Magistrates or other Person Authorized to further Examination provided when any Constable is imployed by any of the Magistrates for Apprehending of any person he shall not do it without Warrant in Writing if any person shall refuse to assist any Constable or Marshal in the Execution of his Office in any of the things aforementioned or otherwise as the Case shall require being by him required thereto All to assist the Constable on penalty the y shall pay for neglect thereof ten shillings to the use of the Countrey to be levied by Warrant by any Magistrate before whom any such Offender shall be brought and convicted and if it appear by good Testimony that any shall wilfully obstinately and contemptuously refuse or neglect to assist any Constable as is before expressed he shall pay to the use of the Country forty shillings 7. It is Enacted c. That all Rates whether the Countrey County Minister or Town orderly committed to the Constable under the hand of the Raters shall be collected gathered Rates to be Collected and paid within the time limited and paid by or within the time or times limited for gathering or paying the same and if any Constable shall neglect to gather any Rate committed to him and to pay the same to the party or parties to whom such Rates belong by the space of thirty dayes after the time limited be expired such Constable shall be liable to pay such Rate himself or so much thereof as remains unpaid the same to be recovered by Suit or Distraint on his Estate by the respective Treasurers On penalty if belonging to the Countrey or County and by the Select men of the Town if belonging to the Minister or Town and if taken by Distress it shall be by Warrant to the Marshal of the County under the hands of two Magistrates who shall Grant the same upon Request and if the Constable have not sufficient Estate whereon to Levy such Distiess then the Distraint shall be made upon the Estate of any Man or Men in the Townâ— and they upon Request to the County Court shall have Order to have a Rate made on the Town for the Repayment of the same with all meet Damages May Distrain without Warrant Fees for distres 8. It is Enacted c. That the Constable ex Officio or without Warrant Distrein on the Estate of any Man for his Rate that refuseth or neglects to pay the same according to Order and besides his Rate to take a shilling for such Distress and notwithstanding the Expiration of his Office he may have a Warrant from a Magistrate directed to the present Constable Liberty to gather Rates after his year But not to Destrain for what was paid before on penalty nor but within three years to Distrain for any Rate unpaid who shall deliver the Goods Distrained to the Constable to whom it was first payable and the Constable to take a shilling for such Distress and if any Constable procure a Warrant and Distress to be made for a Rate paid before or more than due he shall be liable to pay double Damages to the party and if such negligent Constable procure not Destraint to be made within three years after the making such Rate he shall be without remedy to Recover the same for ever Vide more in Title Marshals and Constables Directions Constabl have the power of water-Bayliffs 9. That all Constables shall have power of Watâ—â— Bayliffs on the Waters Creeks and Harbours adjoyning to their several Towns Conveyances Fraudulent IT is Enacted That all Deceitful and Fraudulent Alienations and Conveyances of Houses Lands or other Estate shall be of no validity to defeat any man of any due Debt just Claim Title or Possession of that which is so Fraudulently gotten or detained CHAP VI. Courts IT is Ordered by this Court and Authority thereof That all our Courts be Held in the Name of our Soveraign Lord the King All Courts to be held all Commissions Writts Executions to be in His Majesties name And that all Commissions Warrants Summons Attachments Sub-penee Executions and all Writs and Precepts of what nature soever shall be in His Majesties Name That the Affairs of this Jurisdiction may be the better carried on It is Agreed and Declared that there be several Courts for several Purposes and of different Constitutions and Power And first the General Court 1. THe General Court shall consist of the Governour Deputy Governour and Assistants General courts constitution wer and Deputies for each Township in this Jurisdiction who shall be sent to each General Court as the Countries Representatives who together with the Magistrates shall have full power to consult of and determine all such matters and to Make and Establish all such Laws and Orders as concern the Publick Welfare of this Colony the matter of Election of Magistrates and other Officers only excepted wherein every Freeman is to give his Vote according to the accustomed usage of this Court 2. It is Enacted that this General Court and all the Members thereof shall meet and sit at Plimouth on the first Tuesday in June Place time of sitting Annually nothing extraordinary preventing and that then there shall be the Election of all our Magistrates viz. a Governour Deputy Governour Election of governour c. and six Assistants and likewise the Election of two Commissioners for the united Colonies and our Treasurer who shall be all chosen out of the Free-men and by the free Votes of the Free-men of this Corporation and not otherwayes And that the Magistrates and Deputies shall continue together to consider and Order all
such Affairs of this Jurisdiction as shall be within their Cognizance Trust and Power To Dissolve or Adjourn untill they shall see cause to Dissolve or Adjourn the said Court unto another time 3. It is also Ordered That besides the said fixed Courts the Governour or in his absence the Deputy Governour and in their absence Power to sum mon a General Court on special occasion the greater part of the Magistrates of this Jurisdiction shall have power to Summon a General Court either the whole Body of Free-Men or their Representatives at any time as the urgent and extraordinary occasions of this Jurisdiction or any part thereof may require And if any of the aforesaid Magistrates or Deputies shall without just cause either be absent at the first sitting of any of the said General Courts whether ordinary or extraordinary Fine for non-appearance or departure without licence or without leave depart or disorderly absent him or themselves from the service thereof before the Court be finished he or they shall each of them pay twenty shillings for a fine to the Jurisdiction for such absence or Departure But if the absence or Departure be mingled with Contempt or wilful neglect the Fine shall be encreased as the Court upon due consideration of the Offence Increased by contempt with the Aggravations shall judge meet 4. Free-mens liberty to send Votes by prory And in regard that through Age Inability of Body or Urgency of occasions many of the Free-men cannot attend the Courts of Election Liberty is hereby granted to such of the Free-men as will not be there in Person to send their Votes by Proxy viz. by Deputies of their Respective Towns provided that such Votes be given to the said Deputies in open Town-meeting and shall by the Town Clerk there be Sealed up severally that is to say Votes for the Governour by themselves Sealed up for the Deputy Governour by themselves and Assistants by themselves c. and that the Deputies also take a List of the Names of such as sent Votes by them Penalty for neglect that they may answer for them when they are called And that whosoever of the Free-men do not appear at Election in Parson or by Proxy And for non-Free-men voting and Free mens putting in more votes than one for one Person he shall be for such neglect Amerced to the Treasury ten shillings and every Free-man to put in his Votes for the six Assistants in one Paper If any man put in a Vote that is not a Free-man or any Free-man put in at one time more than one Vote for a man to any one Office he shall pay ten pound Fine to the Colony 5. Forasmuch as the Free-men of this Corporation and by Records appears having publickly been declared to be the Associates of this Government Free-mens Power and have the Priviledge and Power of chusing Officers and by themselves and Representatives together with the Magistrates of making and repealing Laws and Managing the greatest concerns of this Colony And how to be qualified before admitted It is therefore Enacted by this Court and the Authority thereof that none shall be admitted a Free-man of this Corporation but such as are one and twenty Years of Age at the least and have the Testimony of the Major part of the Free-men of the Town signified under the hand of the Town Clerk that they are of sober and peaceable conversation Orthodox in the Fundamentals of Religion and such as are Free holders or have twenty pounds Ratable Esta tear the least in the Government or such that are generally known approved by the Court all Freemen to be approved of at Election Courts and taken in at said Coarts or being approved by said Coart signed under the hand of the Secretary may be Sworn at any Court Like qualifications for Deputies and other places of trust The like Qualifications are required in all such as are to be chosen to be Deputies or any other place of Trust 6. And forasmuch as some corrupt Members may creep into the best and purest Societies cause of Disfranchising Freemen and by whom If any Freeman of this Corporation shall be discovered to be notoriously vitious or scandalous as common Liars Drunkards Swearers Apostates from the Fundamentals of Religion or the like or doth manifestly appear to be disaffected to this Government upon legal and due Conviction of all or any of these it shall be in the power of the General Court to Disfranchise him if they see cause fron the priviledges of a Freeman 〈◊〉 â—nnual 〈…〉 Depu 〈…〉 7. It is Enacted That each Town-ship in this Jurisdiction shall annually Elect and Chuse timely for the Election Courts one or two fit men out of the Freemen for their Deputies every Town consisting of sixty Families shall or may send two Daputies with full power to attend the Service of the General Court or Courts and the Adjournments thereof for the whòle year on pain of forty shillings Fine and the respective Town Clerk to return the Names of those so chosen to the Court on pain of twenty shillings to the Colonies use If not Elected according I to law then to be sent back with the reasons And if the General Court to whom such Deputy or Deputies are Presented upon taking notice of their Members do Adjudge any of them not to be Elected according to Law then shall the Court return them with the reason thereof unto the Town from whence they were sent that they may make a due Election according to Law no act of Court to pass without consent vote of major part Who to have a casting vote 8. It is Ordered c. That nothing shall be concluded and pass as an Act of the General Court but by the consent and vote of the major part of the Court. And the Governour or in his absence the Deputy Governour shall have a casting vote whensoever there shall be an equi-vote either at the General Court or Court of Assistants In like manner shall the President in any Inferiour Court commissioners the next in nomination to attend 9. That in case either or both of the Commissioners chosen for the Colony shall by Gods Providence be disinabled to attend the Service thereof then the next in Nomination for that choice shall Attend that Service in his or their stead Halberteers at tendance 10 It is Ordered That two Halberteers be in a readiness to attend the Governour and Assistants at the Courts of Election during the whole time of their continuance Secretaries annually chosen 11. That the Secretary be annually chosen by the General Court and Sworn Courts of Assistants or Magistrates Court of Assistance 1. IT is Ordered and Enacted by this Court and the Authority thereof That there shall be a Court called the Court of Assistants or Magistrates wherein all the Magistrates of this Jurisdiction shall Meet and
Right it doth or may belong Town Clerks to return to the County Courts the names of Constables Jury men c. chosen 8. It is Ordered That the Town Clerk in such Town Annually return the Names of such Persons to the County Court as by the several Towns are chosen to serve as Constable Grand Jury-men Surveyors of High-ways that they may take their Oaths and be established in their Respective Places and the Select-men to be returned to the Court of Election on penalty of twenty shillings fine for each Neglect Clerk of the County to be the Recorders of the County 9. It is Ordered That the Clerk of the County Court shall be the Recorder of the County who shall Record Deeds and Evidences for Lands lying within the County who shall be under Oath for the faithful discharge of his Place Said Clerk in open Court may Administer Oaths to Witnesses and in the Name or Order of Court to grant Summons Attachments Warrants and to sign and give out Executions for any Judgment obtained in any of the County Courts Their work Power which shall not be until twelve hours after Judgment unless in any particular Case the Law hath otherwise provided nor then if the Court or any special cause shall Respit the same 10. It is Ordered That each County Court may Adjourn their County Courts as to them may seem meet County courts adjournment And all Persons concerned shall be bound to attend the said Adjournment 11. It is Ordered That there be a County Marshal who shall-alwayes attend said Courts who are impowred to serve all Warrants County Marshal work and Power Attachments or Summons that are directed to them and to Levy Executions who may Require Aid in the Execution of their Office which shall be yielded on the same penalty that is for any to refuse to assist a Constable In what Case two Magistrats may grant Administration probate of Wills out of Court 12. It is Ordered That in any Case that requires a speedy proving of a Will or taking out Letters of Administration it shall be lawful for any two Magistrates the Clerk of the County Court being present to Record the same to take the Probate of such Wills and to grant Administrations though out of Court or not in Court time who may determine matters of equity as cannot be relieved by the common Law 13. That a Magistrate or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cognizance as connot be relieved by the common Law as the forfeiture of an Obligation breach of Covenants without great Damage or the like matters of apparent Equity 14. Ordered That the County Court or any two of the Magistrates may as need shall require upon defect of any Towns chusing Raters Who may chuse Raters in defect or the Raters neglecting to make such Rates as by Order of Court are required of them or orderly committed to them make choice of three men in such town to make such Rates as aforesaid Criminals convict to pay cost of prosecution 15. Ordered That in all Criminal Cases or Misdemeanors besides their Fines or Punishment Persons Convict shall pay Cost and needful charges of Prosecution 16. It is Ordered c. That a Judgment acknowledged before any two Magistrates and the Clerk of the Court shall be good in Law and if the Clerk be a Magistrate he with one Magistrate may take such acknowledgment and the Clerk shall have twelve pence for Recording the same Courts of Select-men IT is Ordered by this Court and the Authority thereof That every Town in this Colony shall chuse three or five able Discreet men out of the Free-men of each Town Annualy who shall be presented to the General Court at June to be approved Courts of Select men their constitution power and then Sworn there or before a Magistrate who shall have Power to hear try and determine all Actions of Debt Trespass or Damage not exceeding forty shillings and to grant Summons and Attachments to the Marshal or Constables to be returned into their Courts which may be four in one Year and not more and to Administer Oaths to any that may be used at their Courts or in such Matters as they have to deal withal And Summons Witnesses and upon Issue of the Cases to grant Executions to the Constable or County Marshal who shall Execute the same make Return thereof doing thereupon to the Officer that keeps the Records of such Courts and in all things to act and determine according to Law as is provided for other Courts and causes without Jury and that to make a valid Act there shall be the major part of them consenting and that the Select-men in each Town shall order the Prudential Affairs of the Town viz. to admit approve or disapprove of any Person who shall offer to Dwell or Inhabit in the said Town to provide for such poor and necessitous Persons at the Towns charge as the Town ought to be charged withal to look after and prevent any Incroachments upon High-wayes and Streets to look after the keeping and maintaining the Town Bounds at the Towns charge to put out with the consent of a Magistrate Children that cannot or are not provided for by their Parents or Friends to Service or Apprentice Boyes till one and twenty and Girls till eighteen years of age to put out to Service with the Advice of a Magistrate any Idle Disorderly or Shiftless Persons that are likely to be chargeable to the Town That in such Town where no Magistrate or Person Authorized with Magistratical power is the Select men or any two of them shall have power to convict and punish any persons according to Law for Drunkenness Swearing Cursing Sabbath-breaking Night-walking Breaking of Peace and all such other Matters in their Town referred to them by Law CHAP VII Criminals 1. IT is Ordered by this Court and the Authority thereof That whosoever shall commit Adultery with a Married Woman or one Betrothed to another Man Adultry how to be punished both of them shall be severely punished by Whipping two several times viz. once when the Court is in being at which they were convict of the Fact and the second time as the Court shall Order and likewise to wear two Capital Letters A. D. cut out in Cloth and Sewed on their upper Garments on their Arm or Back and if at any time they shall be found without the said Letters so worn whilest in this Government to be forthwith taken and publickly Whipt and so from time to time as often as they are found not to wear them Fornication how before Contract 2. Be it also Enacted That whosoever committeth Fornication before or without lawful Contract shall be punished by whipping or else pay ten pounds fine each of them to the County But if they be or will be Married to
time to time Impowred to Examine Allow and Confirm all such Claims of Lands as they find Graunted by the Court either to Townships or to any particular Persons which being by the said Court of Assistants allowed shall pass the Seal of the Colony for further Confirmation thereof alwayes provided that if there be any Controversie arise between Town and Town or particular Persons about the particular bounds of their Lands they or any of them may have their remedy in Law any thing herein to the contrary notwithstanding Leather and Shoe-makers 1. UPon Consideration of the Damage or Injury which may be sustained by the ill Tanning of Leather and by the Shoemakers ill making it up into Shoes or Boots Sealers of leather to be chosen appointed It is by this Court Ordered That in every Plantation within this Jurisdiction where either Tanner or Shoemaker is imployed in their Trades one or two Sealers shall be chosen and appointed as the Occasion require who shall be under Oaths faithfully according to their best Ability to discharge their Trust and shall Seal no Leather but such as they think sufficiently Tanned and fit to be wrought out and Sold in Boots or Shoes and that every such Plantation shall have two Seals to distinguish between good Leather well and sufficient Two Seals to be used and such as though Tanned enough is in some other respects defective either by over-liming or for want of being well wrought upon the Beam or by Frost or have received some damage in drying so that though it may serve for inward or middle Soles yet not for other uses without damage to the buyer All which Leather so defective shall be Sealed with a different Seal that it may be known to be faulty No Leather not sufficiently Tanned to be Sealed nor sold till sealed But that which is not sufficiently Tanned shall neither be Sealed nor used in Boots or Shoes till it be duly Tanned and that no Tanner within this Jurisdiction shall upon any pretence sell deliver cause or suffer to be delivered or pass out of his hands or custody any Hide or Hides till being fully dry they be first Sealed by the Officer or Officers thereunto appointed on the penalty of forfeiting of the said Leather or the value of it to the Plantation where the Offence is committed The Shoemaker that useth unsealed Leather to make recompence further to be punished 2. And it is further Ordered That if any Shoe-maker shall use or put any un-sealed Leather either in Boots or Shoes or put any of the forementioned faulty Leather though Sealed as such in any outward Soals or Upper Leather or in any other place which may be hurtful to the buyer or wearer or shall use any other wayes of Deceit in making up his Ware he shall make due and full Recompence to the Person or Persons wronged and complaining and shall suffer such further punishment as his Offence considered with the Circumstance shall Require Hides brought from other parts and sold or used unsealed to be forfeit The chusing of the Sealers to be left to the several Plantations 3. And whosoever shall bring Hides from any other parts and shall sell or use any of them for Boots or Shoes within this Jurisdiction before they be Sealed by some Officer here according to the Import of his Order or shall use them in Boots or Shoes contrary to the intent thereof the Hides so sold or used or the value of them shall be forfeited to the Plantation where the Offence is committed or such Recompence or Fine shall be made or paid if it be only of Ignorance as the Case may require provided that if both Buyer and Seller be faulty they shall pay the forfeiture betwixt them The chusing and appointing of which aforesaid Sealer or Sealers the Print or Mark which each Plantation shall set upon their Seals for good or faulty Leather with the Rate to be allowed for Sealing being left to the several Plantations Defective leather to be searcht for seized 4. It is Enacted by the Court and the Authority thereof That the Sealer shall make Search within their Limits in any House Shop or Warehouse where they shall conceive such defective Leather is to be sold or delivered whither made up into Shoes Boots or otherwise as oft as they shall think meet And seize all such Leather or Shoes and any Leather Sold or offered to be Sold Brought or offered to be Searched or Sealed contrary to the true intent and meaning of this Order the same to Seize and Retain in his or their custody and if the Owner shall not submit to the Judgement of such Officer or Officers shall within three dayes call to him two or three honest skilful men in such Wares to view the same in the presence of the parties concerned or without him he having notice thereof who shall certifie upon their Oaths to the Court or some one of the Magistrates the defects of the said Leather And that the forfeiture of such Leather or Shoes as aforesaid one third thereof shall go to the Searcher Who to have the forfeiture and the other two thirds to the Plantation wherein the Offence is committed And if any Sealer of Leather shall refuse with convenient speed to Seal any Leather sufficiently Tanned Wrought and Used according to the true meaning of this Order The Sealers default penalty or shall Seal that which ought not to be Sealed according to this Order shall forfeit for every such Default twenty shillings to the County CHAP XIII Magistrates Magistrates power to graunt Attachments Summons c ORdered by this Court and the Authority thereof That any Magistrate shall have and hereby hath power out of Court to grant Attachments Summons Sub pena's Hue and Cries Warrants for Distress according to Law for Rates and Fines Warrants to apprehend any person for breach of any Capital or Penal Law or for any Misdemeanour or for Persons suspected thereof to hear determine the breach of penal Laws under 40 s. Ordered That a Magistrate may Hear and Determine the Breach of any Penal Law or Misdemeanour where the penalty doth not exceed forty shillings or the Punishment greater than sitting in the Stocks or Whipping not exceeding ten stripes Ordered That a Magistrate may Hear and Determine all Actions of Debt all actions of Debt not exceeding 40 s. Trespass or Damage according to Law not exceeding forty shillings he keeping Records of all his Sentences Judgments and Determinations and may Grant Executions for any Sum he hath given Judgment in in any Action that hath been Tried by him Ordered that a Magistrate may examine all suspitious persons hear all Complaints and where the matter is greater than he by Law may issue to Bind such Persons over to the County Court to examine all suspicious persons c. to Answer for the same and such Person not giving sufficient
Security to Commit such person to Prison signifying his Crime briefly in his Mittimus To administer Oaths Magistrates may Administer Oathes may Commit to Prison any that shall refuse to give Testimony being lawfully called thereto May commit to Prison any person that shall refuse to acknowledg a Deed that hath been by him Signed Sealed and Delivered Magistrates may Summons Juries to inquire into untimely Deaths May Commit to Prison upon the non-payment of a Fine In case to commit to Prison May Marry Persons legally Published and keep Records of the same shall suppress forceable Detamors Routs Riots and Imprison such Offenders May Graunt Warrants to Impress Workmen to make and repair Prisons Bridges and other Instruments of Justice and order payment by the Countrey County Town or Person that ought to pay the same May Fine not exceeding five shillings or punish by Corporal Punishment such as take away Horses Cattle Boats Cannoes without leave of the Owner May for want of Security commit to Prison persons Guilty or Suspected to be Guilty of any Crime or Misdemeanour where there may not be reason for a present issuing of the same May do any other matter or thing by Law committed to them Marriages Births and Burials ORdered That the Town Clerk in every Town in this Government shall keep a Register of the Day and Year of the Marriage A Register to to be kept of Marriages Births Burials by the Town Clerk Birth and Burial of every Man Woman and Child in that Township and shall have for Registring four pence a piece And if any Father or Mother or next in Relation neglect a Moneth to give in the Names and Birth day of their Child together with the Clerks Fees they shall pay three shillings fine to the Town Clerk And whosoever shall neglect to give in their Names and the day of their Marriage to the Town Clerk a moneth after Marriage shall pay three shillings as aforesaid by him to be exhibited to the Clerk of the County Court yearly In like manner shall any Head of a Family that neglects to give an account of any Burial out of his Family And the Town Clerk shall annually give in to the Clerk of the County Court a true and perfect Copy of all Marriages Births and Burials that have been in their respective Towns on penalty of forty shillings fine to the County and the Town Clerk to pay the County Clerk one quarter of his allowed Fees Town Clerk to publish Marriages 2. Ordered that the Town Clerk shall publish as the Law directs all Contracts or purpose of Marriage in the Town and have one shilling for his Fee for every such publication None to be married without publishing and how to be published 3. Ordered That no person be joyned in Marriage before the intentions of the parties proceeding therein hath been three times published at three publick Meetings in the Town where the parties either of them do ordinarily reside or by setting the same up in Writing upon the Door of the Meeting house or other convenient place by the Door in publick view there to stand as it may easily be read fourteen dayes None shall marry that are under covert without consent of c. Ordered that none shall be allowed to Marry that are under the covert of Parents Guardians Masters or Overseers without their consent and approbation 4. Ordered That whosoever shall go about to inveigle or endeavour to steal the Affections of any Mans Daughter Pupil or Maid-servant without his consent or leave shall be fined to the County not exceeding five pounds or by Corporal Punishment as the County Court shall see cause But if a meet Marriage be orderly proposed and any Master or Guardian out of any sinister end or covetous desire will not upon reasonable terms suffer it to be it shall be in the power of the two next Magistrates upon complaint to hear and determine the same as they judge equal between both parties 5. It is also Ordered That no person in this Jurisdiction shall joyn any Persons in Marriage but the Magistrate or such other as the Court shall Authorize in such place where no Magistrate is near Who to solemnize Marriage nor shall any other joyn themselves in Marriage but before some Magistrate or person Authorized as aforesaid nor shall they be suffered so to do without they have been lawfully published Whereas many neglect to give in their Names and time of Marriage to the Town Clerk those to keep Register of such Marriages whereby much inconvenience may arise For Prevention whereof It is Ordered That such Magistrate or Person Authorized shall keep a Register of all Marriages their Names and time of joyning together But this shall not excuse the person Married of giving in his Name to the Town Clerk as by Law is provided 6. Ordered That if any Man beat his Wife he shall be fined five pounds to the County No man strike his wife or woman her husb or suffer corporal Punishment as the County Court shall see meet And if a Woman beat her Husband she shall suffer such punishment as the County Court shall determine Maritime matters ORdered by the Court That all Maritime matters shall be Tried at County Courts by the Laws and Customs of England Marshals and Constables Directions 1. IT is Ordered by this Court and the Authority thereof That the chief Marshal Attachments Summons c. be served by Marshals Constables or their Deputies County Marshal or the Constable of any Town or their Deputies deputed under their hands may Serve any Attachment Summons Executions and Warrants directed to them from lawful Authority and shall make a Return of all Attachments and Summons according to Law And all Marshals and Constables or their Deputies to whom Executions and Warrants are directed by any Court or other lawful Authority they shall faithfully and speedily Execute the same according to Law and make a return of their doings thereon by vertue of the same under their hand to the Clerk of the Court A return to be made thereof or Magistrate or other person Authorized from whom the same came in two moneths after receiving the same that so the said Execution and Return of any thing be done thereon may be Recorded And if the Execution or Warrant be not Levied or Distrained or not fully satisfied the Clerk or Person to whom the Return is made shall Record what is returned and upon request of the party graunt out another Execation or Warrant for the Sum or so much thereof as is unsatisfied and such Officer as shall neglect his Duty herein shall pay double damage to the party concerned Ordered That in Levying and serving all Executions or Warrants for Debts Rates or Fines the Officer shall first repair to the House or Place of usual abode of the party against whom it is granted and there demand Satisfaction of and for the
same which having done and no Satisfaction made Satisfaction first to be demanded by the Officer before destraint be made he shall then Levy his Execution or make his destraint upon goods lyable thereunto by Law together with all allowed Fees and necessary Charges put to in Levying and Transporting the Goods or Chattels to the Treasurer or party concerned who is to receive the same And in case there be not sufficient Estate Goods or Chattels found or tendred to satisfie such Execution and Warrant Levy to be made upon House or land if other estate be not found it shall be lawful for the Officer to Levy the same upon House or Land if owned by or shewed to be the Estate of him against whom the Warrant or Execution is granted And in no case shall the Officer be put to seek his Goods or Chattels further than his House or place of usual abode But if he refuse to discover his Goods or Lands to a sufficient value the Officer may then Levy his Execution or Warrant on his Body who shall be kept in Prison till that Satisfaction be made at his own charge if he have wherewith otherwise to be kept at the charge of the Creditor The Officer in no case to be put to seek for estate further then the parties usual place of abode Ordered That it shall not be lawful for any Officer to Levy or Destrain the Beast of the draught unless for damage Feizant nor any Mans necessary Bedding Apparrel Tools Arms or such Implements as serve for his necessary use without express Order from the Court or some one Magistrate Such lyable to fine or other punishment who expose anothers goods to destraine in stead of his own Ordered That if any Person shall presume to expose and shew an Estate to satisfie an Execution or any Warrant for Distress that at the time thereof was not his own he shall be liable to a fine or other punishment as the Court shall see cause and the Party to take out a new Execution for the Sum or so much as he occasioned the former Execution to be wrongfully laid on Vide more Title Constables Mills and Millers how much toll Millers may take ORdered That no Miller shall take above a sixteenth part of the Indian Corn he Grinds for Toll nor of any other Grain unless where the Towns make other agreement with their Miller They are to have weights scales Ordered That Every Miller shall have alwayes ready in his Mill Weights and Scales provided at his own charge to weigh Corn to and from the Mill of it be desired Two Toll-dishes sealed Ordered That every Miller in this Government shall keep in his Mill two Toll-dishes so made and Sealed that one will hold a just Pottle upheaped and the other a Quart up heaped and shall pay ten shillings a Month for what time they use unsealed Toll dishes if complained of Measures WHereas there is great Inconvenience by Reason of the Measures in this Colony differing from the Measure of other Colonies A Coopers Standard to be procured other Measurs that are allowed to be made by it It is Ordered That the Country Treasurer at or before the first of September next procure a Copper Standard viz. half Bushel half Peck and Quarter that be of the size of the Copper Standards of the Massachusets Colony had lately from London and that every Town have a Standard made by the same at or before the tenth of November next to be sealed by the Treasurer on penalty of the forfeiture of forty shillings to the County for the Town that neglects and the like sum every three Months they are without and the Town Clerk to seal Measures in the several Townships and have six pence for each Measure he seals and it shall not be lawful to use any other but such Measure so sealed after said time The Seal to be the Letter P. Meeting-Houses Meeting-houses to be Erected in every Town IT is Enacted by the Court That there be a publick House Erected in every Town of this Government for the Town comfortably to meet in to Worship God and in case any Town shall Aparently neglect or refuse to Build the said House it shall be in the power of the Governour and Magistrates or County Courts to Appoint and Authorize a Person or Persons to Build the said House acording to the Ability and Necessity of the People and the Charge thereof to be defrayed by all the Inhabitants and Proprietors of the Town Ministers Maintainance Ministers maintainance how to be raised IT being the great Duty of this Court and having been the Pains Care and true Intent of former Courts in the granting of the several Plantations and Townships in this Colony to provide for the better carrying on the publick Worship of God that are Able Godly Teaching Miinister or Preacher of the Gospel should be obtained and duly encouraged and maintained by all the People of such Place or Township and for that end have granted to them such Accommodations and proportions of Lands as they might be Comfortably enabled to give due Encouragement to such Preacher of the Word of God amongst them in so good and necessary a Work for the Glory of God and the good of Souls It is therefore Ordered by this Court and the Authority thereof That in whatsoever Place or Township there shall be an Able Godly Teaching Minister or Ministers Preacher or Preachers of the Word of God who are approved by this Government there shall a Rate be made on all the Rateable Inhabitants of such place with the Country Rates by the Raters chosen as per Law is provided for the raising of such sum or sums as may be competent and honourable according to the Ability of such Place or Township for his or their comfortable Attendance on his Work as shall be agreed by the people of such place or by the Court of Assistants County Court or any three Magistrates as there shall be occasion or need requiring and to be paid in no worse specia than the Magistrates Sallery is to be paid in and at such seasons and to be gathered by the respective Constables of such Places or Townships and delivered in free of charge to such Minister or Ministers or such other person or persons as by the People of said place or by the Court Countrey or County Treasurer shall be appointed for the use of said Minister or Ministers on pain as per Law is provided in other cases for defect of Raters Constables or others concerned in the premises unless there be other care taken to the satisfaction of the Minister and the Inhabitants of such Towns How the Inhabitants shall be assisted in getting and maintaining an able Minister And it is further Ordered That in every place where there is a Village or Township settled or begun to be peopled though not filled with Inhabitants and they or some of
Years of Age and have taken the Oath of Fidelity or Free-mans Oath shall Vote for the nominating of Persons to present to the Court for Commission Officers for chusing of Serjeants for the Company and likewise for a Clerk 7. Ordered That whosoever of said Company shall be chosen Clerk as before and shall refuse said Office shall pay forty shillings fine in Mony value to the use of the Company and the Company to chuse another his fine that refuseth the office of a Clerk and no man shall be compelled to serve above one year in five and that the Clerk for his Encouragement and Trouble shall have one quarter part of all fines he shall attend the Company the whole day call over the List at the Captains or chief Officers appointment to take notice of all such as are absent and other Neglects and Offences in time of Exercise Clerks work duty and recompence Said Clerk to demand and receive or for non payment to destrain for all fines in thirty dayes after they are payable by Law and three Months after such time the Clerk to be Accountable for all sines and stand charged therewith deducting his own part and to dispose of the other parts as he shall have Order from the Captain or chief Officer and upon his refusing or neglecting to pay what shall be due as aforesaid it shall be Lawful for a Constable by Warrant from under the hand of said Captain or chief Officer to Levy the same out of said Clerks Estate The Clerk may distre in by virtue of his Office 8. It is Ordered In case of the Clerks destraining for any fine they may do it by virtue of their Office without Warrant and shall observe the Law in such Case provided Commission of sicers power 9. Also the Commission Officers or major part of them shall have power to punish such Souldiers as shall commit any disorder or contempt upon the day or time of Military Exercise or upon Watch or Ward by any Military punishment or by fine not exceeding twenty shillings and upon any great Offence may refer the same to the determination of the Council of War Who how oft to view Arms Amunition 10. Ordered That at least once a year one of the Commission Officers together with the Clerk and any other of the Officers he shall see cause to take with him shall from House to House view the Arms and Amunition of all persons lyable by Law to keep Arms and exact the fine of all such as they find not fixed and provided as the Law requires penalty for defect of Drums 11. Every Town Defective in or wanting a Drum or if Sixty Families have not two Dums in two Months to pay a fine of forty shillings to the County Colours are how to be provided c 12. That every Town provide Colours Drums and Halbarts for the use of the Company the same to be maintained by the fines if they amount to enough for the doing of it and other necessary charges of the Company otherwise to be supplyed by the Town 13. That there shall be a standing Council of War or Court Marshal in the Colony consisting of the Governour and Deputy Governour Amstants the Majors of the several Regiments council of war or Court Marshal its constitution and three others to be appointed by the General Court one out of each County the major part whereof or so many in any suddain Exigence as get together shall make a valid Act of any thing within their Power provided there be fire at the least agreting thereunto The said Council of War by Warrant to Impress Men Horses Carts Provisions or other necessaries for any Expedition or Military Occasion It s power to proportion the number of Men by each Town to be sent forth in any Service to give Directions Orders to Military Commanders if need acquire to appoint and Commissionate to send forth as there may be occasion to hear and determine all Appeals from the Sentence of Commanders of Companies or matters by such Commanders referred to their Determination and punish Offenders referred to them What Stock of Arms Amunition for the Colony 14. That there be provided a Stock of Arms and Amunition for the Colonies Service the quantity to be determined by the Council of War and by them to be disposed and secured That every Town for every thirty of their Listed Soudiers or proportionably provide thirty pounds of Powder one hundred and thirty pound of Bullets one Hogsbead of Flints two Muskets six Cattouch Boxes on penalty of five pound to be paid by each Town defective to the Major of the Regiment where the defect is For the particular Towns and by him with the Captain or chief Commander or major part of them to be disposed of by them for the use of said Regiment said Major with two of the Captains Annually to inspect every Town Stock within their Regiment and where defective by Warrant from the Major and said two Captains to the Marshal to demand the fine of any Man of said Town and upon non payment to destrain the fine of any Man of said Town and he to have the same and his Damage to be made good by the Town upon Complaint to the County Court and they to Order the same 15. That in times of Danger there shall be Military Watches set in each Town and Warding according to the discretion of the chief Commander or Town Council Military Watches Wards or such other Orders they may receive from Superiour Officers or Council of VVar and all Persons liable to Train shall be lyable to attend the same on penalty of three shillings a Day and three shillings a Night for their Neglect None in time of Danger shall force himself upon any Sentinal upon the peril of his Life being warned three times to stand 16. That in case an Alarm orderly made every listed Souldier forth with shall repair to his Colours or place of Perade compleatly Armed and fitted according to Law under the penalty of five pounds to be paid c. and that they shall there attend such Service as they shall be appointed by their Commander Alarms how to be attended on pain of suffering such punishment as a Court Marshal or the Council of VVar shall Inflict An Alarm shall be by shooting of two Guns distinctly and crying Arm Arm Arm The Alarm shall be taken and carried from Neighbourhood to Neighbourhood and so from Town to Town and the Shooting of said Guns or giving Order for the Alarm Horse and Man forth with dispatched to the Magistrate What to taken for an Alarm Deputy Select men or Constable of the next Town to inform them of the occasion who shall forthwith send to the next Town and so from Town to Town throughout the Colony who shall take the Alarm and put themselves in a Posture of Service as
and if in the Rescue any Bodily Harms be done to any Person or otherwise they shall have Remedy against the Resouers and if either be done by any not of Ability to answer the Damage and Forfeit aforesaid they shall he Whipt by Warrant from any Assistant before whom the Offender is Convicted in the Town where the Offence is committed not exceeding fifteen stripes for the meer Rescue or Pound Breach and for all Damages to the Parties they shall be satisfied by the Offender in Service and if it appear there were any procurement of the Owners of the Cattle or that they were Abettors they shall all pay Forfeitures and Damages as if themselves had done it one fourth port of all fines for the Breach of this Order shall be to him that prosecutes the same to effect Provided that the Complaint be Prosecuted within six Months otherwise they shall not be heard Sabbath Prophaning of the Sabbath 1. THis Court taking Notice of great abuse and many misdemeanours committed by divers Persons many wayes prophaning the Christian Sabbath or Lords Day to the great Dishonour of God Reproach of Religion Grief of the Spirits of Gods People Do therefore Order and Enact That whosoever shall Prophane the Lords Day by unnecessary servile work unnecessary travilling by Land or passing by Water by bearing Burthens carrying of Packs or by Buying or Selling or by Sports or Recreation shall for the first Offence pay ten shillings fine to the Town or be committed to Prison or safe custody till the next Day and then sit in the Stocks two hours and for the second Offence shall pay twenty shillings sine to the County or be Whipt and so from time to time as often as they shall be Convicted of the like Transgression afterwards To be found Sporting or drinking on Saturday or Sabbath day nights after sun set 2. It is Ordered That if any Person henceforth either on the Saturday Evening or on the Lord's Day Evening after the Sun is Set shall be found sporting in the Streets or Fields of any Town in this Jurisdiction drinking or being in any publick House of Entertainment unless Strangers or Sojourners in their Lodgings or uncivily walking and is duly Convict such Persons so Offending shall for every Transgression pay five shillings sine to the Town or sit in the Stocks not exceeding two hours 3. It is Ordered by this Court and the Authority thereof That in no case shall any Person Travail further on a Sabbath Day than from the place where he lay the Night before to the next Town on his way How far in what case to travel on the Sabbath nor shall he have liberty unless it be where there is no allowed Meeting in said Town Bona fide to go to the Meeting that is at the next Town and so order is as to be there before the beginning of the Morning Exercise and if any person shall presume to Travail on the Sabbath from the place he took up his Lodging on the Saturday Night unless as aforesaid or shall pass through the next Town before the Sabbath be ended he shall be proceeded with for Breach of Sabbath as is by Law provided unless it appear it hath been in case of Life and Death or that he hath a Licence from some Magistrate or one of the Select-men of the Town and it shall be lawful for the Constable or any other person to stop and bring before Authority any person suspected for the Breach of this Law and if any person hath obtained a Licence to Travail by a false pretence he shall any time in a twelve Month be liable to be apprehended and punisht for his Breach of Sabbath and ten shillings besides as a fine to the Town Ordered That in Towns Villages or other Places if any Person or Persons shall be found Walking or Riding about the Town or Visiting of the Neighbours or upon any other occasion from their own Families or place of abode on the Sabbath Day unless it appear it was upon account of some Act of Piety Mercy or Necessity such persons so offending shall be proceeded with as Sabbath-Breakers Schooles 1. ORdered by this Court and the Authority thereof That every County Town shall have and maintain a Latine School Latine School its incouragement which if they do and the Master judged by the major part of the Ministers of the County a Person capable to bring up Youth fit for the Colledge then such Town for their encouragement shall have one third part Annually of the Mony Raised on the account of the Cape Fishing and if the County Town refuse or neglect the same then such other Town that hath such a School shall have said Money and if more than one such in the County where the County Town neglects then said Money to be divided between them And where there is no such School in the County then the Money to be for the Colonies use 2. Ordered That in any County Town where such Scool-Master is provided whether by the major part of the Town or upon their neglect by a minor part Maintenance of Schools how to be raised with the approbation of two Magistrates such Town shall pay twelve pounds per annum to be raised as other Town Rates annually for such School-Master and such as have the immediate benefit by sending their Children to pay three pence a Week for Writing and Reading and six pence a Week for a Schollar after he comes to his Grammar and every such School-Master shall be capable to teach to Write and Cypher and shall receive Children after they are fit to begin in their Psalter And any that send their Children from any other Town in the County not to pay for their Schooling Swine WHereas Complaint is made of much Damage done by Swine Rooting up Meadows and Inclosures For the Prevention whereof Swine to be Ringed It is Ordered and Enacted That on notice given to the Owners of such Swine from the party damnified said Owners shall forth with Ring or cause to be sufficiently Ringed all such Swine on penalty of one shilling to be paid for every such Swine that shall be un Kinged after such warning given by the wronged party and as often as the Owners of such Swine shall be warned to Ring them The said Penalty to be to such as receive the damage or prosecute the same Town Affairs Town to make Orders 1. IT is Enacted by this Court and the Authority thereof that every Township in this Government shall have and hereby have liberty and power to meet together and make such Town-Orders as they shall think needful for the prudential affairs of the Town and Orders made by the major part present that may lawfully vote the Meeting being orderly warned shall be binding to the Town and every Town hath liberty and power to lay penalty on any Inhabitant of their Town for non-observance of any one Town Order not
having Estate Real or Personal being of competent age understanding and memory Wills to be witnessed may by Will dispose thereof as he or they see cause It is therefore Ordered by this Court and the Authority thereof that all such Disposals and Testaments of Lands and Hereditaments in Writing be Sealed by the Testator or his Order in his presence before two or three substantial Witnesses that may be able to testifie that it was his Will and that he was when he so Signed Sealed or Declared it in such capacity as is above expressed and proved 〈◊〉 Court 2. Ordered That such Wills and Testaments be Exhibited to be proved by the Executor or Executors at the next County Court after the Death of the Testator if it may be An◠Inventory to be taken with the Will Recorded and that a true Inventory of the Estate duely valued be presented to be Sworn to and left to be Recorded with the Will and the Probate shall not be taken until such Inventory is presented or sufficient Bond given for the speedy performance of the same And forasmuch as some persons may be suddenly surprized that they may not have opportunity to make a written Will 3. It is Ordered by this Court That if any person do make a Will Non-cupative or a verbal Disposure of his Goods and Chattels it be before two or three good substantial Witnesses that are neither Heirs nor Legatees and they shall within three dayes commit it to Writing Wills noncupative and make Oath to it at the next County Court provided such Disposure were in his last Sickness or not above six Moneths before his Death it shall be accounted good in Law but such Will shall not be approved of or allowed until fourteen dayes after the death of the party and notice given to the Widow and next of Kin that they may contest the same if they see cause Executors to present the Will to probate 4. Ordered That if any Executor shall refuse or neglect to present the Will of any Deceased in order to a Probate more than one Moneth after the County Court that happens next after the Decease of any such person and that so refuseth or neglecteth shall pay five pounds fine to the County and so five pounds for every Moneth he shall neglect the same afterwards What in case Executors refuse their Executorship 5. Ordered That if any person shall renounce his or their Executorship it shall be in open Court or appear to the Court by sufficient Testimony or before two Magistrates the Clerk being present to Record the same in such case the Court or said two Magistrates may grant Administration to the Widow or the Widow and some other of the Kindred if the Widow refuse to some of the next Relations the desire the same if such refuse then to be granted to some one or more of the chiefest Creditors But if they do not desire the same then to be granted to such as the Court or two Magistrates shall see cause and said Writing made out to be the mind of the Testator shall be the Rule for their Administration if capable thereof In what case Executors or others Administring shal be liable to respond all debts dues 6. Ordered That if any Executors or other shall Imbezel any Estate or Alienate and Dispose of any Estate of the Deceased otherwise than for Funeral Charges and of matters necessary for the Family and for the securing of such Estate before the Probate of the Will or his having taken out Letters of Administration and presenting an Inventory of all the known Estate or giving Bond so to do in such case every person so Executing or Administring shall be liable to respond all Debts and Dues and pay all Legacies whither the Estate be sufficient or not Ordered That any Executors or Administrators after they have proved any Will or obtained Administration shall be liable to be Sued and respond for any Wrong or Damage any may sustain by reason of his or their male Administration administrators to be bound by two sufficient Sureties 7. Ordered That whosoever takes our Letters of Administration shall be bound with two sufficient Sureties that they shall Administer according to Law and if the same be neglected the County Court to take the best care therein they can for the securing the Estate and appoint Administration thereon Dispose of Inestates estate 8. Ordered That if any person shall die Intestate Funeral Charges and Debts being paid and such Sum set apart as the County Court shall see meet for the bringing up of small Children or to be allowed for any Child that is Lame Decrepit or otherwise Helpless and like to be more than ordinarily chargeable The remainder of Goods and Chattels to be disposed of as follows one third part to the Widow the other two thirds to be equally divided among the Children discounting with each Child what appears they had before received in part of their Portion saving to the eldest Son a double portion if the Lands assigned to him do not amount unto a double Portion of the whole Estate real and personal 9. Ordered also That if any person dieth Intestate having Lands in fee simple whereby such Lands descend to the Heir Male Daughters portions how paid and there be divers Daughters and no considerable Estate besides Lands when Debts are paid so that Daughters cannot have Portions in any measure according to such Intestate Estate the County Court out of which Administration of any such Estate was granted and where the Land lieth shall have power upon due consideration of such case to appoint such Heir or Heirs male to pay to the Daughters Portions at such time and in such manner and so much as to said Court shall be just and reasonable not exceeding to one Daughter the portion of any younger Brother which he hath by descent and from and by Division of the Intestate Goods and Chattels and if such Heir or Heirs if of full age or their Guardian or Guardians for such or so many as are under age shall not pay such Portion or Portions as the Court hath Ordered and Appointed and set down upon Record The clerk of said Court by order of Court shall grant Execution for such Portion or Portions to be Levied on such Lands as so descended or other sufficient Estate which shall be delivered to the Party and if it be Lands it shall be as good an Estate to Her and Her Heirs as in other case of Lands delivered on Execution Wolves ORdered That if any English man kill a Wolf in this Colony if he bring in the Head to the next Constable he shall have a Receipt of the Constable for the same and shall be allowed twenty shillings Killing of Wolves what and how to be paid And if an Indian kill a Wolf in this Colony and bring the Head to the next Constable he shall have a Receipt