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A50067 The general laws and liberties of the Massachusets colony; Laws, etc. Massachusetts. 1672 (1672) Wing M1003; ESTC R208 224,188 210

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and Enacted by this Court and the Authority thereof That the County Courts in their respective precincts do diligently and carefully attend the execution of such Orders of this Court as concerns the maintenance of the Ministry and the purging of their Towns and Peculiars from such Ministry and publick preachers as shall be found vicious in their lives Provision for an able Ministry or perniciously Hetrodox in their Doctrine and for all places destitute of an able and faithful Ministry that they use their best endeavour for the procuring and setling of such faithfull Labourers in Gods Vineyard and that the charges of their procuring and setling be levyed on the Inhabitants as the Law for maintenance of Ministers directs and that for the future there may be no neglect hereof the Presidents of each County Court shall duely from time to time give it in charge to the Grand-juries of their respective Courts to present all abuses and neglects of this kinde and that with all care and diligence the same be redressed that so the Name of the Lord our God being known in our dwellings and exalted in our gates he may still delight in us to continue his favourable presence with us and our unparaleld enjoyments both temporal and spiritual which through the rich mercy of God in Christ hitherto we have enjoyed and not be provoked through our prophane slightings and despising thereof to bereave us and our posterities of such choice Mercies 1660. VVHereas the Christian Magistrate is bound by the Word of God to preserve the Peace Order or Liberty of the Churches of Christ and by all due means to promote Religion in Doctrine and Discipline according to the Word of God and whereas by our Law tit Ecclesiastical Sect. 4. It is Ordered and Declared Choice of Church Officers that every Church hath free liberty of Calling Election and Ordination of all her Officers from time to time provided they be able pious and Orthodox For the better explanation of the said Law and as an addition thereunto this Court doth Order and Declare and be it hereby Ordered and Enacted that by the Church is to be meant such as are in full Commumon only and that the teaching Officer or Officers of such Church or Churches we do intend shall be the Minister or Ministers to all the People in that Town where such Church or Churches are planted and that no Inhabitant in any Town shall challenge a right unto or act in the Calling or Election of such Officer or Minister until he be in full communion upon the penalty of being accounted a disturber of peace and order and to be punished by the Court of that Shire either by Admonition Security for the good Behaviour Fine or Imprisonment according to the quality and degre of the offence ELECTIONS IT is Ordered by this Court and the Authority thereof that for the yearly chusing of Assistants the Freemen shall use Indian Corn and Beans Election by Indian Corn and Beans the Indian Corn to manifest Election the Beans contrary and if any Freeman shall put in more then one Indian Corn or Bean for the choico or refusal of any publick Officer he shall forfeit for every such offence None but Freemen to put in votes ten pounds and that any man that is not free or hath not liberty of voting putting in any vote shall forfeit the like sum of ten pounds 1643. 2. For the preventing many inconveniences that otherwise may arise upon the yearly day of Election and that the work of that day may be the more orderly easily and speedily issued Elect by proxesent sealed up It is Ordered by this Court and the Authority thereof that the Freemen of this Jurisdiction which shall not personally appear at Boston to give in their votes on the day of Election shall and may in their several Towns from time to time give in their votes for Elections before their Deputy and the Constable who shall take them and Seal them up in destinct papers and send them to the Court of Elections all the Assistants to be chosen by Indian Corn and Beans as abovesaid The Governour Deputy Governour Major General Treasurer Elect of Govern c. by papers Secretary and Commissioners of the United Colonies by wrighting the names of the persons Elected in papers open or once foulded not t●●sted nor rowled up that they may be the sooner perused And such small villages as send no Deputies the Constable thereof with two or three of the chief Freemen shall receive the votes of the rest of the Freemen and deliver them together with their own sealed up to the Deputy of the next Town who shall carefully convey the same unto the said Court of Election 1647. 3. Forasmuch as the choice of Assistants or Magistrates yearly L. 2. p. 10. is of great concernment and with all care and circumspection to be attended It is Ordered by this Court and the Authority thereof that the Constables of every Town within this Jurisdiction shall call together all their Freemen some day in the second week of the first Month yearly to give in their votes in distinct papers for such persons being Freemen and resident within this Jurisdiction A. 52. p. 15 as well the Magistrates in present being as others whom they desire to have chosen for Magistrates on Assistants at the next Court of Election Nomination of Magistrates in Towns not exceeding the number of eighteen and no Freeman shall put in above one vote for one person under the penalty of ten pounds for every offence And the said Freemen so met together or the major part of them shall then and there appoint one to carry their votes sealed up unto their Shire Towns A. 58. upon the last fourth day of the week in the first Month following at twelve of the clock from time to time which persons for each Town so assembled shall appoint one of themseves as a Commissioner of each Shire Votes to be sen● to the Shi●e Town to carry them to Boston the second third day of the second Month there to be opened and perused in the presence of one or two Magistrates if they be in Town if otherwise by those persons that brought them at the Court House in Boston or such other place as the Commusioner of Svffolk shall appoint and those eighteen that have most Votes shall be the men and they only which shall be nominated at the Court of Election for Magistrates or Assistants as aforesaid and the said Commissioner of each Shire Commissioner of the Shire to return the name● of the persons nominated to the Constables shall forthwith signifie to the Constable of the several Towns within their County in wrighting under their hands the names of those eighteen persons aforesaid all which the Constable in each Town shall timely s gnifie to their Freemen And as any have more Votes then other Old Magistrates to be first
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 1●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 E●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