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SUNDRY LAWS Made by the General Court Wherein the Du­ty of Tything Men is expressed, viz.

IT is Ordered; That all private unlicensed Houses of Entertainment be di­ligently searched out, and the penalty in the Law strictly imposed; and that all such Houses may be the better discovered, the Select-men of eve­ry Town shall chuse some sober and discreet persons, to be authorized from the County Court, each of whom shall take the charge of ten or twelve Familyes of his Neighbour-hood, and shall diligently inspect them and present the Names of such persons so transgressing to the Magistrate, Commissioner,Tything-men to inspect unlicensed Houses or Select-men of the Town, who shall return the same to be proceeded with by the next County Court, as the Law directs; and the persons so chosen and authori­zed, and attending their duty faithfully therein, shall have one third of the Fines allowed them; but if neglective of their duty, they shall incur the same penalty provided against unlicensed Houses. Made Octob. 15. 1675·

WHereas the sin of Idleness (which is a sin of Sodom) doth greatly increase, notwithstanding the wholsome Laws in force against the same: As an Addition to that Law.

This Court doth Order; that the Constable with such other person or per­sons whom the Select-men shall appoint, shall inspect particular Familyes,Idle persons to be inspected, &c. and present a List of the Names of all idle persons to the Select men, who are here­by strictly required to proceed with them as already the Law directs, and in case of obstinacy, by charging the Constable with them, who shall convey them to some Magistrate by him to be committed to the house of Correction.

THis Court being desirous to prevent all occasions of Complaint referring to the profanation of the Sabbath, and as an addition to former Laws;

Do Order and Enact; That the Select men do see to it that there be one man appointed to inspect the ten Familyes of their Neighbours;To inspect Sabbath-breakers. which Tything-man or men shall, and hereby have power in the absence of the Constable to ap­prehend all Sabbath-breakers, Disorderly-Tiplers, and such as keep licensed Houses, or others that shall suffer any Disorders in their Houses on the Sabbath day, or evening after, or at any other time, and to carry them before a Magi­strate or other Authority, or commit to prison (as any Constable may do) to be proceeded with according to Law.

[Page 2]And for the better putting a restraint and securing Offenders that shall any way transgress against the Laws Tit. Sabboth, either in the Meeting-house by any abusive carriage or misbehaviour, by making any noise, or otherwise, or du­ring the day time being laid hold on by any of the Inhabitants, shall by the said person appointed to inspect this Law, be forthwith carryed forth and put into a Cage in Boston which is appointed to be forthwith by the Select-men set up in the Market place, and in such other Towns as the County Courts shall appoint, there to remain till Authority shall examine the person offending▪ and give or­der for his punishment, as the matter may require, according to the Laws rela­ting to the Sabbath. Made May 23. 1667.

IT is Ordered by this Court and the Authority thereof; That the Law Tit. Oathes and Subscriptions, pag. 120. Sect. 2. requiring all persons, as well Inhabitants as Strangers (that have not taken it) to take the Oath of Fidelity to the Country, be revived and put in practice through this Jurisdiction. And for the more effectual execution thereof, It is Ordered by this Court; That the Select men,To inspect the taking the Oath of Fide­lity. Constables, and Tything-men in every Town, do once every quarter of a year so proportion and divide the precincts of each Town, and go from house to house, and take an exact list of the Names, quality and callings of every person, whether Inhabitant or Stranger, that have not taken the said Oath, and cannot make due proof thereof; and the Officers aforesaid are here­by required forthwith to return the names of such persons unto the next Magi­strate or County Court, or chief Military Officer in the Town where no Magi­strate is who are required to give such persons the said Oath prescribed in the Law, wherein not only Fidelity to the Country, but Allegiance to our King is required. And all such as take the said Oath shall be Recorded and Enrolled in the County Records by the Clerk of each County Court. And all such as re­fuse to take the said Oath they shall be proceeded against as the said Law di­rects. And further, this Court doth Declare; That all such refusers to take the said Oath, shall not have the benefit of our Laws to Implead, Sue, or reco­ver any Debt in any Court or Courts within this Jurisdiction, nor have protecti­on from this Government whilest they continue in such obstinate refusal.

And furthermore, It is Ordered; That if any Officer intrusted with the Ex­ecution of this Order, do neglect, or omit his or their duty therein, they shall be fined according to their demerits, not exceeding five pounds for one offence, being complained of, or presented to the County Courts or Court of Assistants- And this Law to be forthwith Printed and Published, and effectually executed from and after the last of November next. And that all persons that administer the Oath abovesaid, shall in like manner make return of the Names of such per­sons so sworn to the respective Clerks of the County Courts. Made October 10. 1677.

AS an Addition to the late Law made in May last, for the prevention of the Prophanation of the Sabbath, and strengthening the hands of Tything-men appointed to inspect the same:

It is Ordered that those Tything-men shall be, and are hereby appointed and impowred to inspect publick Licensed Houses as well as private,Further dire­ction & pow­er about the Sabbath. and unlicensed Houses of entertainment; as also [Ex Officio] to enter any such Houses, and discharge their duty according to Law: And the said Tything-men are impow­red to assist one another in their several Precincts, and to act in one anothers precincts with as full power as in their own, and yet to retain their special char­ges within their own bounds.

And it is Ordered; That the whole Fine raised by the penalty of this Law up­on Delinquents, either in publick or private Houses, shall be remitted to the County Treasurer, and the Tything-mens allowance made payable from him.

[Page 3]It is Ordered by this Court and the Authority thereof, that henceforth the Select men of each Town take care that Tything-men be Annually chosen in their several precincts of their most prudent and discreet Inhabitants,Tything-men to be annually chosen. and sworn to the faithful discharge of their trust (where no Magistrate or Commissioners are) before the Select men of the place, and the said Tything-men are required diligently to inspect all houses licensed, or unlicensed, where they shall have no­tice, or have ground to suspect that any person or persons do spend their time on Estates by night or by day; in Tipling, gaming, or otherwise unprofitably, or do sell by retayle within dores or without, strong drink, wine, ale, Cider, Rhum, Brandy, Perry, Metheglin, &c. without license, and into said houses where such disorders shall by them be found, they may, and are hereby requi­red and impowred to enter into and make search in their Cellars, or any other places within or about the same where they may suspect, or have notice, that Wines, strong beer, Ale, Cider, Perry, Matheglin, Rhum, Brandy, &c. are lodged; and in case they shall find any quantity of either, whereof the Owners do not give said Tything-men a satisfactory account of their having the same, any three of them agreeing, they shall by Warrant from any Magistrate, or Commissioners invested with Magistratical power, or (where no Magistrate is within five miles of the place) they shall without Warrant requiring the aid of the Constable, seize, carry away, and secure all such Wines, strong Beer, Ale, Cider, Perry, Matheglin, Rhum, Brandy, &c. and present an account thereof with the names of the persons from whom they took it to the next Magistrate, or Commissioner of the Town where any be that are invested with Magistratical power, who may, and are hereby impowred to proceed against said delinquent partyes▪ and dispose of said Wines, strong Beer, &c. as to them shall seem meet; and if for value more then ten pounds, they are then to bind said partyes over to the County Court, to be there proceeded against as the Law directs. In all which Cases full recompence shall be made to the Tything-men, and other Offi­cers for all their care, trouble & expences in searching and securing said goods, and the remainder of the Goods seized, or value thereof, where the Magistrate, County Court, or Commissioners Court, that have orderly Cognizance thereof, shall not see reason to return the same to the partyes from whom it was taken, the same shall be put into the County Treasury.

Also the Tything men are required diligently to inspect the manner of all dis­orderly persons, & whereby more private admonitions they will not be reclaim­ed, they are from time to time to present their names to the next Magistrate, or Commissioner invested with Magistratical power, who shall proceed against them as the Law directs, as also they are in like manner to present the names of all single persons that live from under Family Government stubborn & disorder­ly Children & Servants, night-walkers, Typlers, Sabbath-breakers, by night or by day, and such as absent themselves from the publick Worship of God on the Lords dayes, or whatever else course or practice of any person or persons what­soever tending to debauchery, Irreligion, prophaness, and Atheism amongst us, whether by omission of Family Government, nurture and religious dutyes and instruction of Children and Servants, or idle, profligate, uncivil or rude practi­ces of any sort, the names of all which persons with the fact whereof they are ac­cused, and witnesses thereof, they shall present to the next Magsstrate, or Com­missioner, where any are in the said Town invested with Magistratical power, who shall proceed against and punish all such misdemeanours by Fine, Impri­sonment, or binding over to the County Court as the Law directs.

WHereas you A. B. are chosen a Tything-man within the Town of D. for one year, until others be chosen and sworn in your room and stead, you do here swear by the living God that you will diligently endeavour, Tything-Mens Oath. and to the utmost of your Ability perform and intend the duty of your place according to the particulars specified in the Laws peculiar to your Office, So help you God.

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