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SEVERALL LAVVS AND ORDERS Made at Severall GENERAL COURTS In the Years 1661. 1662. 1663.
PRinted and Published by Order of the General Court held at Boston the 20th of October, 1663.

MAY the 22. 1661.

THis Court, being desirous to try all means, with as much lenity as may consist with our Safety, to prevent the Intrusions of the Quakers, who besides their absurd and Blaspemous Doctrines, do like Rogues and Va­gabonds come in upon us, and have not been Restrained by the Laws already provided; Have Ordered, That every such Vagabond Quaker,Order against Quakers and Vagabond Rogues. found within any part of this Jurisdiction, shall be Apprehended by any person or persons, or by the Constable of the Town wherein he or she is taken; and by the Constable, or in his absence by any other person or persons, conveyed before the next Magistrate of that Shire wherein they are taken, or Commis­sioner invested with Magistratical Power: And being by the said Magistrate or Magistrates, Commissioner or Commissioners, adjudged to be a Wandring Quake [...], viz. One that hath not any Dwelling▪ or orderly allowance as an In­habitant of this Jurisdiction; and not giving civil Respect, by the usuall Gestures thereof, or, by any other way or means manifesting himself to be a Quaker, shall by Warrant under the Hand of the said Magistrate or Magi­strates, Commissioner or Commissioners, directed to the Constable of the Town wherein he or she is taken, or in absence of the Constable, to any other meet person, Be stripped naked from the Middle upwards, and tyed to a Carts tayle, and Whipped through the Town, and from thence immediately conveyed to the Constable of the next Town towards the Borders of our [Page 2] Jurisdiction, as their Warrant shall direct; and so from Constable to Constable, till they be conveyed through any the outwardmost Towns of our Juris­diction

And if such Vagabond Quaker shall return again, then to be in like man­ner Apprehended, and conveyed as often as they shall be found within the Li­mits of our Jurisdiction. Provided every such Wandring Quaker having been thrice Convicted and sent away as abovesaid, and returning again into this Iurisdiction, shall be Apprehended, and Committed by any Magistrate or Commissioner as abovesaid, unto the House of Correction within that County wherein he or she is found, untill the next Court of that County; where if the Court judge not meet to Release them▪ they shall be Branded with the Let­ter R. on their left Shoulder, and be severely Whipt, and sent away in manner as before. And if after this, he or she shall return again; then to be pro­ceeded against as Incorrigible Rogues, and Enemies to the Common Peace▪ and shall immediately be Apprehended, and Committed to the Common Goal of the Country, and at the next Court of Assistants shall be brought to their Tryal, and Proceeded against according to the Law made Anno 1658. p [...].36. for their Punishment on Pain of Death. And for such Quakers as shall arise from amongst our selves, they shall be Proceeded against as the former Law of Anno 1658. pag. 36. doth provide, until they have been Convicted by a Court of Assistants; and being so Convicted, he or she shall then be Banished this Iurisdiction; and if after that, they shall be found in any part of this Iuris­diction, then he or she so Sentenced to Banishment, shall be Proceeded against as those that are strangers and Vagabond Quakers, in manner as is above expressed.

And it is further Ordered, That whatsoever [...] arise about Ap­prehending, Whipping, Conveying, or otherwise [...] Quakers, to be laid out by the Constables of such Towns where it is [...] and to be repaid by the Treasurer out of the next Country Levy And further, That the Con­stables of the several Towns are hereby Impowered from time to time, as ne­cessity shall require, to Impress Cart, Oxen, and other Assistance for the exe­cution of this Order.

AVGVST the 7th. 1661.

THe Court judgeth it meet to Declare, That the Law tit. Ships, second Se­ction, Lawes about Shipping & Fish­ing Repealed. That all Ships which comes [...] Trading onely from other parts, shall have free access into our Harbour, &c. shall and is hereby Repealed.

And also that the first Section of the Law tit. Fish, Fishermen, pag. 32. shall and is hereby Repealed.

MAY the 7th. 1662.

As an Addition to the Laws about Apparel.

WHereas excesse in Apparel among [...] us, unbecoming a Wilderness-condition, and the Profession of the Gospel, whereby the Rising Generation are in danger to be Corrupted and Effeminated; which Practises are witnessed against by the Laws of God, and sundry Civil and Christian Nations: It is therefore Ordered and En­acted by this Court,Addition to the Law for Apparel and the Authority thereof, That all persons within this Jurisdiction, whether the Children, or Servants that are under government in Fa­milies, [Page 3] that shall wear any Apparel exceeding the quality and condition of their Persons or Estate or that is apparently contrary to the ends of Apparel; and either of these to be so judged by the Grand-jury and County Court of that Shire where such Complaint or Presentment is made: All such persons being Convicted, shall for the first Offence be Admonished; for the second Offence pay a Fine of Twenty shillings; for the third Offence, Forty shillings; and so following, as the Offences are multiplied, to pay Forty shillings a time to the Treasury of that County. Also if any Taylor shall make or fashion any Gar­ment for such Children or Servants under government as aforesaid, contrary to the minde and order of their Parents, or Governours, Every such Taylor shall for the first Offence be Admonished; and for the second Offence forfeit double the Value of such Apparel or Garment as he shall fashion or make, con­trary to the minde and order of their Parents or Governours: Half to the Owner, and half to the Country. And all Grand-jury men are hereby En­joyned to Present all those whom they do judge breakers of this Order.

WHereas in the Law tit. Publick Charges, pag. 14. Sheep are to be assessed at Twenty five shillings a head, and that they are now fallen to about a fourth par [...] [...] the Price they then were ordinarily sold for, whereby many are discouraged fo [...] keeping such useful Creatures: It is therefore Ordered by this Court,How to Rate Sheep. and the Authority thereof, That henceforth the Rate for Sheep shall be at ten shillings a Head; Any thing in the said recited Law to the contrary notwithstanding.

IT is Ordered▪ The Keepers dis­charge of Pri­soners in Case. That when any persons are Committed to Prison in any Civil Action, the Keepers of the Prison shall not stand charged with their Supply of Victuals, or other Necessaries. And in case the Prisoner hath no Estate, and will [...] Magistrate, that he is not worth Five pounds, the Plaintiff shall provide [...] his Relief, or otherwise the Keeper shall not stand charged with him: and all such Charges the Plaintiff shall have power to levy with the Execution, before the party he delivered from Prison.

THis Court being sensible of the encrease of Prophaneness and Irreligiousness, by reason of the Vagrant and Vagabond life of sundry persons, as well Inhabitants [...], that wander from their Families, Relations and Dwelling places, from Town to Town, thereby drawing away Children, Servants, and other persons, both younger and elder, from their lawful Callings and Imployments, and hardning the [...] of one another against all Subjection to the Rules of Gods Holy Word, and the [...]blished Laws of this Colony: All which to prevent, Order about Vagabond and Wandring per­sons. This Court doth hereby Order and Enact, That all such persons, where ever they may be found in any place of this Iurisdiction, be Apprehended by the Constable of the said place, with or without further Warrant, and brought before the next Magistrate; who if upon Examination shall finde them to be such as do not give a good and sa­tisfactory account of such their Wandring up and down, they shall proceed with and against them as Rogues and Vagabonds, and cause them to be Corpo­rally punished, and sent from Constable to Constable, until they come to the place of their abode: Or in case they will not confess where their abode is within this Colony, nor yet voluntarily depart out of the same; then to be sent to the House of Correction, there to remain until the next Court of that County.

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OCTOBER the 8th. 1662.

COmplaint being made to this Court, of abuse offered to Justice, through liberty granted, by the Keepers of the Prisons, to such persons as stand Committed for Payment of Fines, and on Execution granted in Civil Cases: This Court do Or­der,Keepers of Pri­soners danger. That no person or persons Committed as abovesaid, shall be permitted by the Keeper of the Prison to go at liberty without the Precincts of the Prison, but by the License of the Court that Committed him, or of the Creditor for whom Execution is granted; On Penalty of Paying the Fine imposed, and satisfaction of the Execution in any Civil case.

WHereas it hath been commonly practised, that Attachments have been directed to the Marshall to be served in any Town under the Jurisdiction of that Court whereof the Marshall is Officer, notwithstanding the Law doth Order, That all At­tachments shall be directed to the Constable in such Towns where no Marshall dwells: It is hereby Ordered and Declared,Marshals may serve Attach­ments. That the said Custome shall be accounted Legal, and shall not abate the Proceeding to Tryal of any Cause. Provided no more Costs be charged on the Defendant, then by Law are due to Constables for serving Attachments.

THis Court heretofore, for some Reasons inducing, did judge meet to suspend the execution of the Laws against Quakers, as such, so farre as they respect Corporal Punishment or Death, during the Courts pleasure. Now forasmuch as new Com­plaints are made to this Court of such persons abounding, especially in the Eastern parts, endeavouring to draw away others to that wicked [...]: It is therefore Ordered, That the last Law tit. Vagabond Quakers [...] [...]661. be henceforth in force in all respects.Order against Vagabond Qua­kers May 1661. in force. Provided that their Whipp [...] [...] but through three Towns: And the Magistrate or Commissioners signing such Warrant shall appoint both the Towns, and Number of Stripes in each Town to be given.

WHereas it appears, that notwithstanding such wholesome Orders as have been hitherunto by the Select men of Boston, provided for the Restraint of all per­sons from violent Riding in the streets of the said Town: Yet nevertheless, many take the liberty and boldness to Gallop frequently therein, to the great endangering the Bodies and Limbs of many persons, especially Children, who are ordinarily abroad in the streets, and not of age or discretion suddenly to escape such danger. This Court having seriously considered the Premises,Penalty for Gal­loping in Boston streets. being careful to prevent a Practice that is like to be of such dangerous consequence, Do Order, That no person whatsoever shall after the Publication hereof, Gallop any Horse within any the streets of the said Town, upon Penalty of forfeiting Three shillings and four pence for every such Offence, upon conviction before any one Magistrate or Commissioner of Boston, to be paid to the Treasurer of the County of Suf­folk; unless it appear on extreme necessity.

OCTOBER the 20th, 1663.

FOr the better Regulating of Elections upon the Day of Election, and avoiding the inconveniences which may attend the same: It is Ordered by this Court, That henceforth the General Court, both Magistrates and Deputies, shall meet to­gether in the Court Chamber at seven of the clock that morning, and become a [Page 5] Court, and begin and consider of such things as are necessary in reference to the Work of the [...]

2. That [...] time to come all Votes of the Freemen in each Town within this Jurisdiction, be sent in Proxies sealed up as the Law requireth:Order for Regu­lation of Ele­ctions. And that none be admitted to give Votes personally at the Day of Election, except the Members of the General Court.

3. That the Constable of each Town shall some convenient time before the Day of Election, give due notice to all the Freemen of that town, to meet to­gether to give their Votes for Elections: And that none shall be admitted to give their Votes for any other, unless the person Voting be also present, or send his Vote sealed up in a Note directed to the Deputy or Townsmen, met together for that Work.

4. That the Constable shall cause a List of the Number of Names of such as give their Votes fairly Written, and Sealed with the Votes.

5. That no person be made Free upon the Day of Election. And a Copy hereof to be Published immediately after the breaking up of this Court.

THis Court having perused and considered the Letter received from His Ma­jesties most Honourable Privy Council, dated the 24th of June last, relating to an Act of Parliament, Entituled, An Act for the Encouraging and Increasing of Shipping and Navigation. As an Addition and Explanation of former Orders made by this Court concerning these Affairs; It is hereby Ordered and Enacted, That the several Officers hereafter mentioned,Officers autho­rized about Shipping. are hereby Deputed and Autho­rized to see that the said Act be performed, so farre as it concerns the Go­vernment of this Plantation, both in Seizing Ships or Vessels inhibited by the said Act to trade here; taking Bonds of all Ships and Vessels that Lades in our Ports any Commod [...] expressed in the said Act, of the Growth, Product or Manufactory of the English Plantations, who shall not produce Certificate that they have given Bond already, as the said Act requireth. And in case of Neglects or Contempt, to Seize such Vessels or Ships that Lades the aforesaid Goods without giving Bond, or shewing Certificates: And to keep accounts of all such Ships and Vessels, with the Names of the Masters, that Lades here as aforesaid, and Return an Account twice every year, with Copies of the said Bonds and Certificates, unto the Governour for the time being, by him to be transmitted to London, directed to the Chief Officer there.

The Officers appointed, are as followeth:

  • For the Ports of Boston and Charles-Town, Mr. Edward Rawson.
    Their Names,
  • For Salem, Marble-head, and Glocester, Mr. Hilliard Veren.
  • For the River of Piscata (quam), and Isle of Shoals, and Ports adjacent, Captain Brian Pendleton.

The Fees they are Authorized to take of every Shipmaster, are

  • For taking Bond, and transcribing the Copy, Five shillings.
  • For Receiving and Entring a Certificate, Two shillings six pence.
    And Fees.
  • For giving Certificate, and Recording it, Two shillings six pence.
  • Their part of Seizures, as the said Act directeth.

And that all imployed in this trust, do from time to time make Return of all Bonds and Certificates by them passed, to Mr. Rawson, Order requiring Bond of Ship­masters, &c. who by the Governours Advice shall make Return thereof for England, as the Act of Parliament re­quireth. And that Mr. Rawson do from time to time present the Council of [Page 6] this Common-weal, or in default thereof the Court of Assistants, with true Accounts of all Bonds and Certificates, and Copies of all Letters that he shall send for England, in any wise referring to this matter.

Moreover it is Ordered, That the Secretary take special care forthwith to send by the first opportunity, Font Copies of the Councils, and one of the Copies of the Act of Parliament relating thereunto, to the Four General Go­vernments of New-England, viz. Plimouth, Co [...]cticot, New-Haven, and Road-Island.

Common Attor­ney no Deputy.IT is Ordered by this Court, and the Authority thereof, That no person who is an usual and Common Attorney in any Inferiour Court, shall be admitted to sit as a Deputy in this Court.

WHereas it is found by experience, that there are many who are Inhabitants of this Jurisdiction, who are Enemies to all Government, Civil and Ecclesiastical, who will not yield obedience to Authority, but make it much of their Religion to be in opposition thereto; and refuse to hear Arms under others, who notwithstanding com­bine together in some Towns, and make Parties suitable to their Designs, in Election of such persons according to their Ends: It is therefore Ordered by this Court, and the Authority thereof,Persons exempt from Voting in Elections. That all persons, Quakers or others, which refuse to at­tend upon the Publick Worship of God here Established; that all such persons, whether Freemen or others, acting as aforesaid, shall and hereby are made Un­capable of Voting in all Civil Assemblies, during their obstinate persisting in such wicked wayes and courses, and untill Certificate be given of their Reforma­tion.

And it is further Ordered, That all those Fines and Mulcts of any such De­linquents as aforesaid, which are not gathered nor paid [...] several Treasurers of the Countries, as also what Fines shall be laid on them for the future, shall be delivered by the Order of the County-Treasurers respectively, to the Select men of the several Towns whereunto they belong, to be by them improved for the Poor of the Town.

FOr a more full and clear understanding of the intent of this Court in reference to Commissions granted to Military Officers: Officers Com­missions. It is Ordered and hereby De­clared, That all Commissions of Inferiour Officers be and do stand good and in force, notwithstanding the Death or Removal of their Superiour Officers.

It is also further Ordered, That all trained Souldiers, whether Horse or Foot, shall repair to their several Quarters, and lodge their Arms immediately after their dismission upon Training dayes: And whosoever shall either singly or in companies remain in Arms, and vainly spend their time and Powder by inordinate shooting in the day or night after their Release;Disorder in Souldiers to be punished by the Officers. such Souldiers upon con­viction shall be punished by their Superiour Officers Order, upon the next Training-day, at the Head of the Company, by sharp Admonition, or other­wise with any usual Military Punishment, at the discretion of the chief Officer: Provided the Magistrate have not taken notice of the matter before.

It is also further Ordered, That all Souldiers, whether Horse or Foot, who shall disobey the lawful Commands of their Superiour Officers upon any Train­ing-day, either in time of Exercise in the Body, or otherwise Refusing to per­form any Service which their Officers in their discretion shall judge expedient, in order to the furtherance and promoting Military Work; such refractory Souldiers shall be punished either by Admonition, or otherwise, at the Head [Page 7] of the Company, with any usual Military Punishments, at the discretion of the Chief Officers.

It is also further Ordered, and be it hereby Enacted,Troopers allow­ance of 5 [...] per Annum, repealed That the Law limit­ting Troop▪ not to exceed Seventy persons in a Troop, as also for Allowance of Five shillings per Annum, is hereby Repealed, in reference to any that shall be Listed after the Publication of this Order. And that henceforth none shall be admitted to be a Listed Trooper▪ but such whom themselves or Parents under whole government they are, do pay in a single Country Rate for One hundred pounds Estate, and in other respects qualified as the Law provides: And the same certified under the Hand of the Constable of the Town where they live.

BE it also Enacted by the Authority of this Court,Penalty for drinking Healths &c. in Ships or Vessels. That no Masters of Ships or Seamen, having their Vessels Riding within any of our Harbours in this Jurisdiction, shall presume to Drink Healths, or suffer any Healths to be drunk within their Vessels by day or night; or to shoot off any Gun after the day-light is past▪ or on the Sabbath-day, on Penalty for every Health twenty shillings, and for every Gun so shot, twenty shillings. And the Captain of the Castle is hereby Enjoyned to give notice of this Order to all Ships that pass by the Castle.

FINIS.

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