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SEVERAL LAVVS AND ORDERS Made at Severall GENERAL COURTS In the Years 1661. 1662. 1664.
PRinted and Published by Order of the General Court held at Boston the 19th of October, 1664.

OCTOBER 14. 1654.

IT is Ordered, That the Keeper of the Prison for the time being,Keepers liberty to take Baile. shall henceforth have the same liberty that the Marshall hath in all Civill Cases; to take sufficient Bayle after Commitment, as the Marshall might before Commitment.

MAY the 22d, 1661.

THe Court understanding there is much Inequality, in that divers are freed from those watches, whereof all do receive equal benefit; for an explication of the Law concerning Constables Watches, Do Order, That the Magistrates,Persons exemp­ted from Con­stables Watches Deputies of this Court, for the time being, Elders of Churches, the Publick sworn Officers of the Country, with the Commission Officers in each Trained Band, be freed from all ordinary Watches and Wards of the Constables, and no other Persons; excepting such persons as shall have speciall and personal freedome, by Order of this Court, any former Order, Graunt or Custome notwithstanding.

DECEMBER 31st 1661.

UPon Complaint of the great abuses that are daily committed by Retailers of Strong-waters, Rhums &c. both by the stillers thereof, and such as have it from [Page 2] forreign parts: None to still or retail strong li­quors without licence. This Court do therefore Order, that henceforth no Person or Persons shall practize the craft of stilling strong-waters, nor shall sell or retail any by less quantyties then a quarter cask, and the same to be delivered not at several times or in several parcels, but at one time, without covin or fraud, except­ing onely such as shall be allowed annually by the County Courts respectively, on penalty of five Pounds forfeiture, for every time that any Person, or Persons shall be legally convicted thereof, any Law, Usage or Custome, or former licences to the contrary notwithstanding, provided alwayes this Law shall not prohibit such Merchants as have strong liquors from forreign parts in Cases from selling the same by the whole Case, either to such as are going to Sea, or to Masters of families of good report.

MAY 7th 1662.

THis Court doth Order, as an encouragement to persons to destroy Woolves, That henceforth every person killing any Woolf,Encouragement to kill woolves. shall be allowed out of the Treasury of that County where such woolf was slain, Twenty shillings, and by the Town Ten shillings, and by the Country Treasurer Ten shillings: which the Constable of each Town (on the sight of the ears of such Woolves being cut off) shall pay out of the next Country rate, which the Treasurer shall allow.

WHereas the Laws published concerning Fences, and Cattle, being in this second Edition transported from their first order and method, much difficulty doth many times arise concerning the true meaning thereof, whereby great damages do acrue to many of the Inhabitants, and Consequently to the Country, for prevention whereof, This Court doth Order and Enact, that where any cattle shall trespass on any Propriety,Owners of fence to pay damage in case, &c. not appearing to be sufficiently fenced against swine sufficient­ly yo [...]ked and ringed, or Cowes, and such cattle as will be restreined by a sufficient fence in the judgement of the viewers of fences as pag the 11th. Sect. 6 [...]. in all such cases the owners of the fence or of the land, shall bear all such damages As to them thereby susteyned, any thing in the said Order or any other Law, Custome or Usage to the contrary notwithstanding.

OCTOBER 8. 166 [...].

WHereas the Law title Treasurers doth not so fully explain it self as it in­tended in Order to the execution of the same, in reference to County Trea­surers, This Court declares, that the same power and direction given to the Country Treasurer in his Place, is likewise intended to the County Treasurer in his place and limits,Country and County Treasu­rers direction a­like, &c. for the better discharge of his duty, and that every Constable be trusted with the Collecting of any County Rate, which doth not within his year pay in his respective County Rate, and make up his accounts with the Treasurer from which he had his Warrant so to do, such Constable shall forfeit to the County forty shillings for his defect, and be liable to clear his accounts within two months; and that every County Treasurer shall present the names of such Constables as shall neglect their duty, to the next County Court, and that Corn or other goods paid into the County Trea­surers, shall be at the same prizes that this Court shall from time set for the Country Rate from year to year, any custome or usage to the contrary not­withstanding.

MAY 18th 1664.

THis Court being sensible of the great encrease of Prophaness amongst us, especi­ally in the younger sort, taking their opportunity by meeting together in places of publick entertainment, to corrupt one another by their uncivil and wanton carriages, [Page 3] rudely singing and making a noise, to the disturbance of the family, and other guests, if any be in the house. This Court do therefore Order, and hereby Enact, that no Person or Persons whatsoever, do presume either in word or deed, to carry it uncivilly or wantonly,Penalty for rude singing in Tav­erns, &c. singing rudely or making a noise to the disturbance of the family or any other guests, in any place of publick entertainment, on penalty of paying five shillings for every offence against this Law, being thereof le­gally convicted before my Court, Magistrate, or Commissioner, and where sundry persons are in the same company where any such rude and uncivil car­riages are acted, and the particular person or persons unknown, every of the said persons shall be liable to the like penalty, unless they can attest their innocency, and do freely give in their testimony against the nocent: and if any person allowed to keep a house of publick entertainment shall suffer such carriages by any person or persons, and not legally prosecute the same before Authority on legal conviction thereof before the County Court of whom they had their licence, they shall be debarred of any further reneual thereof.

AVGVST 3d 1664.

IN Answer to that part of His Majestyes Letter, of June 28 1662, Con­cerning Admission of Freemen. This Court doth Declare,Order relating to the manner of admission to fre­dome. That the Law prohibiting all Persons, except Members of Churches, and that also for allow­ance of them in any County Court, are hereby Repealed, And do hereby also Order and Enact, That from henceforth all English men presenting a Certi­ficate under the hand of the Ministers, or Minister of the Place where they dwell, that they are Orthodox in Religion, and not Vicious in their Lives, and also a certificate under the bands of the Select men of the place, or of the major Part of them, that they are Free-holders: and are for their own propper Estate (without heads of Persons) Rateable to the Country in a single Country Rate, after the usuall manner of valuation in the place where they live, to the full vallue of Ten shillings, or that they are in full Communion with some Church amongst us; It shall be in the Liberty of all and every such Person or Persons, being twenty four yeares of age, Householders, and settled Inhabit­ants in this Jurisdiction, from time to time to present themselves and their desires to this Court, for their addmittance to the freedome of this common­wealth, and shall be allowed the priviledge, to have such their desire Propound­ed and put to Vote in the General Court, for acceptance to the freedome of the body pollitick, by the sufferage of the major parte according to the Rules of our Patent.

WHereas in the Law Booke title Millitary, Sect. 11. the three Chiefe Military officers in each Town, except Boston, together with the Magistrates or Depu­ties thereof, are appointed a Committee of Militia for such Towns, without mentioning the Officers of Horse to be of the said Committee. This Court doth Declare,Officers of Horse to be added to the Committee of Militia, in the towns where they live. that the Commission Officers of Horse, in the Towns where they dwell, shall be added thereto, and hereby are appointed and impowred, to be of the Committee of Militia, for such towns where they dwell, any Law or Custome to the con­trary notwithstanding.

OCTOBER 19. 1664

FOrasmuch as several Persons who from time to time are to be made freemen, live remote and are not able without great trouble and charge to appear before this [Page 4] Court to take their respective Oaths; It is therefore Ordered, that henceforth it shall be in the power of any County Court,County Courts power to give the Oath of free­dome. to administer the Oath of Free­dome to any persons approved of by the General Court, who shall desire the same, any Law or Custome to the contrary notwithstanding.

THe Court understanding, that the late Law made in October 1663. For the regulating of Elections, is not so satisfactory to the Freemen as was expected; and for some other reasons which have been alledged; Do judge meet to Order, that the said Law shall and is hereby Repealed,Order regula­ting Elections Repealed, and Elections to be in Statu quo and that Elections shall hence­forth run in the ordinary course as formerly.

FOr as much as complaints have been made to this Court of very great Inequality in keeping and maintaining of Military Watches, the burden of that service lying mainly if not altogether upon such as bear arms, when several persons of good estate are free, Such as are lia­ble to Constables Watches are a­like liable to Military Wat­ches, &c. all which considered; It is Ordered, That henceforth all persons what­soever, within this Jurisdiction, who are liable to serve in Constables watches, shall also be liable to the like service in all Military watches, either in their own persons or by a sufficient supply to be made by all such persons as aforesaid, or shall pay twelve pence in mony, and that under the penalty of five shillings for every such neglect, to be levyed by the Clark of each Company, by warrant under the hand of the chief Officer of the same.


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