The book of the general laws of the jurisdiction of New-Plimouth, collected out of the records of the General Court, and lately revised: and with some emendations and additions established and disposed into such order as they may readily conduce to general use and benefit : And by order and authority of the General Court of New-Plimouth hold at Plimouth, June 2d. anno Dom. 1685. Reprinted and published; Nathaniel Clerk secrt'. : [One line of Scripture text] — Laws, etc.

The book of the general laws of the jurisdiction of New-Plimouth, collected out of the records of the General Court, and lately revised: and with some emendations and additions established and disposed into such order as they may readily conduce to general use and benefit : And by order and authority of the General Court of New-Plimouth hold at Plimouth, June 2d. anno Dom. 1685. Reprinted and published; Nathaniel Clerk secrt'. : [One line of Scripture text] — Laws, etc.

Table of contents

Title page

A PREFACE, Declaring the Warrantable Grounds and Proceedings of the first ASSOCIATES of the Government of New-Plimouth; In their Laying the first Foundation of this Government, in their Making of LAWS, and Disposing of the LANDS within the same.

The Copy being Imperfect most of these Errata's following happened thereby.

CHAP. I. The General Fundamentals. Anno. 1636. and Revised 1671.

CHAP. II.

Actions.

Age, Ability,

Appeals

Apprizements

CHAP III

Bills & Bonds

Book-Debts

Bridges

CHAP, IV.

CAPITAL LAWS.

CHAP. V.

Childrens Education

Coopers, & Cask.

Clerks.

Constables.

Conveyances Fraudulent.

CHAP VI.

Courts.

And first the General Court

Courts of Assistants or Magistrates▪

Court of Admiralty.

County Courts

Courts of Select-men.

CHAP VII.

Criminals.

CHAP VIII.

Deaths Untimely.

Dower.

Duers

CHAP. IX.

Faires

Fences

Fines.

Fishing

CHAP. X.

High-Wayes.

Horses.

CHAP XI.

Inn-keepers.

Indictments, Presentments, Complaints, &c.

Indians.

Jurors.

CHAP XII.

Lands & Inheritances.

Leather and Shoe-makers.

CHAP XIII.

Magistrates.

Marriages, Births and Burials.

Maritime matters.

Marshals and Constables Directions

Mills and Millers.

Measures.

Meeting-Houses.

Ministers Maintainance.

CHAP XIV. Military Affairs.

CHAP. XV.

Pound or Impounded.

Sabbath,

Schooles.

Swine.

Town Affairs.

CHAP. XVI.

Watches.

Witnesses.

Wills.

Wolves.

Wrecks.

The Secretaries Fees.

Chief Marshals Fees.

The Jaylors Fees.

The Oath of the Governour.

The Oath of the Deputy Governour

The Oath of the Assistants

The Oath of Fidelity, or of any residing in this Government

The Oath of a Freeman.

The Secretaries Oath

The Oath of the Recorder of the Court of Assistants

The Oath of the Clerk of the County Court.

The Select mens Oath.

The Oath of the Grand Jury

The Oath of the Chief Marshal

The Oath of the Under-Marshal, or Goal-Keeper.

The Oath of a Constable.

The County Marshalls Oath.

The Oath of the Jury of Trials, between the King and Prisoner.

The Oath of a Jury of Trials between Party and Party

The Oath of a Jury to inquire of the Death of any Person.

To the Marshal of the County of P. Greeting:

§

The Officers Return. This Summons was Served January &c. by M. R. L. Constable. Or for an Attachment.

The Return

§

THE TABLE.

CHAPTER I.

CHAPTER II.

CHAPTER III.

CHAPTER IV.

CHAPTER V.

CHAPTER VI.

CHAPTER VII.

CHAPTER VIII.

CHAPTER IX.

CHAPTER X.

CHAPTER XI.

CHAPTER XII.

CHAPTER XIII.

CHAPTER XIV.

CHAPTER XV.

CHAPTER XVI.

§

§

[Page]

[Page]

The BOOK of the General LAWS OF the INHABITANTS of the JURISDICTION of New-Plimouth, Collected out of the RECORDS of the GENERAL COURT, And lately Revised: And with some Emendations and Additions Established and Disposed into such Order as they may readily Conduce to General Use and Benefit.

And by the Order and Authority of the GENERAL COURT of New-Plimouth Held at Plimouth, June 2d. Anno Dom. 1685. Reprinted and Published;

Nathaniel Clerk Secrt'.

Be subject to every Ordinance of Man for the Lords sake,

1 Pet. 2.13.

BOSTON In NEW-ENGLAND: Printed by Samuel Green. 1685.

A PREFACE, Declaring the Warrantable Grounds and Proceedings of the first ASSOCIATES of the Government of New-Plimouth; In their Laying the first Foundation of this Government, in their Making of LAWS, and Disposing of the LANDS within the same.

[Page]

WHereas John Carver, William Bradford, Edward Winslow, William Brewster, Isaac Allerton, and divers others▪ the Subjects of our late Soveraign Lord JAMES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. Did in the eighteenth Year of His Reign of England, France and Irel [...]d; and of Scotland the fifty four (which was in the Year of our Lord God [...].) undertake a Voyage into that parts of America, called Virginia, or New-England thereunto adjoyning; there to Erect a Plantation and Colony of English, intending the Glory of God, the Inlargement of His Majesties Dominions, and the special Good of the English Nation. And whereas, by the good providence of our Gracious God, the said John Carver, William Bradford, Edward Winslow, William Brewster, Isaac Allerton and their Associates Arrived in New-England aforesaid, in the Harbour of Cape Cod or Pa [...]met, Scituate and being in New-England aforesaid;The Combination of the first Associates 1620. where all the said Persons entred into a civil Combination (being the eleventh of November, in the Year aforementioned) as the Subjects of our said Soveraign Lord the KING, to become a Body Politick; Binding our selves to observe such Laws and Ordinances, and obey such Officers, as from time to time should be made and chosen for our well-Ordering and Guidance. And thereupon, by the favour of the Almighty, began the first Colony in New-England (there being then no other within the said Continent) at a place called by the Natives Apaum, alias Patuxet; but by the English, New-Plimouth. All which Lands being void of Inhabitants; We the said John Carver, William Bradford, Edward Winslow, William Brewster, Isaac Allerton, and the rest of our Associates, Entring into a League of Peace with Massasoit, since called Woosamequin, Prince or Sachem of those Parts: H [...] the said Massasoit freely gave them all the Lands adjacent to them, and their [Page] Heirs for ever; acknowledging himself content to become the Subject of our Soveraign Lord the KING aforesaid, His Heirs and Successors; and taking Protection of us the said John Carver, William Bradford, Edward Winslow, William Brewster, Isaac Allerton, and their Associates, the natural Subjects of our Soveraign Lord the King aforesaid: But having no special Letters, Patents for the said Parts of New-England; but only the general leave and liking of His Majesty [...], for the free Exercise of the [...] of our Consciences in the publick [...] and Service of God, wherever we should settle. Being therefore now settled and Desiring and Requesting special License and Commission from His Majesty, for the ordering our Affairs under his Gracious Protection, had sundry Commissions Made and Confirmed by His said Majesties Council for New-England, to John Pierce and his Associates, (whose Name we only made use of, and whose Associates we were) in the late happy and memorable Reign of our said Soveraign Lord King James: but finding our selves still straitned, and a willingness in the Honourable Council aforesaid, to inlarge us; partly in regard of the many Difficulties we had undergone, and partly in regard of the good Service done, as well in relieving His Majesties Subjects as otherwayes. We procured a further Inlargement; under the Name of William Bradford aforesaid, and his Associatess; whose Names we likewise used (and whose Associates as formerly we still are) By vertue of which Letters, Patents, liberty is given unto us, derivatory from our Soveraign Lord, King Charles, bearing Date the thirteenth of January, [...]iberties granted by our Patent. 1629. being the first Year of His Reign of England, Scotland, France and Ireland; and Signed by the Right Honourable Robert Earl of Warwick, in the behalf of the rest of His Majesties said Council for New-England, and Sealed with their common Seal; allowed to Frame and Make Orders, Ordinances and Constitutions, for the Ordering, Disposing and Governing of our Persons, and Distributing the Lands, within the said Limits; to be holden of His Majesty, His Heirs and Successors, as of His Mannor of East-Greenwich, in the County of Kent, in free and common Soccage, and not in Capite, nor by Knights Service, viz. All that part of New-England in America, and Tract and Tracts of Lands that lie within or between a certain Rivolet or Runlet th [...]e, commonly called Coahasset, alias Conahasset, towards the North, and th [...] [...]iver commonly called Narrhaganset River, towards the South; and the great Western Ocean towards the East; and between and within a streight Line directly extending up into the main Land towards the West, from the mouth of the said River, called Narrhaganset River, to the outmost Limits and Bounds of a Countrey or Place in New-England, commonly called Pokenacut, alias Puckenakick, alias Sawaamset Westward: and another like streight Line, extending it self directly from the mouth of the said River called Coahasset, alias Conahasset towards the West, so far up into the main Land Westwards as the outmost Limits of the said Place or Countrey, commonly called Pokenacut, alias Puckenakick, alias Sawaamset do extend; together with one half of th [...] said River called Na [...]haganset, and the said Rivolet or Runlet called Coahasset, alias Conahasset, and all Lands, Rivers, Waters, Havens, Creeks, Ports, Fishings, Fowlings, and all Hereditaments, Profits, Commodities and Emoluments whatsoever, Scituate, Lying and Being, or arising within and between the said Limits, or Bounds, or any of them.

Furthermore, all that Tract of Land, or part of New-England, or part of America aforesaid, which lieth within or between, and extendeth it self from the outmost Limits of Cobbisecontee, alias Comaseconte, which adjoyneth to the River of Kenebeck, alias Ken [...]bekike towards the Western Ocean, and a place called the Falls at Nequamkike in America aforesaid; and the space of fifteen English Miles on each side the said River commonly called Kenebeck River: [Page] and all the said River called Ken [...]beck, that lieth within the said Limits and Bounds Eastward, Westward, Northward or Southward last above-mentioned; and all Lands Grounds, Soyles, Rivers, Waters, Fishings, Hereditaments and Profits whatsoever, S [...]ituate, Lying and [...], Happening or Accruing, or which shall Arise, Happen or Accrue in or within the said Limits or Bounds, or either of them; together with free Ingress, Egress and Regress with Ships, Boats, Shallops, and oth [...] Vessels from the Sea, commonly called the Western Ocean, to the said River called Kenebeck, and from the said River to the said Western Ocean; together with all Prerogatives, Rights, Royalties, [...], Priviledges, Franchises, Liberties and Immunities; and also Manne Liberty with the Escheats and Casualties thereof (the Admiralty Jurisdiction excepted) with all the Interest, Right, Title, Claim and Demands whatsoever, which the said Council and their Successors now have or ought to have, or may have and require hereafter, in or to any of the said Portion or Tract of Lands hereby mentioned to be Granted, or any the premises, in as Free, Large, Ample, and Beneficial manner to all Intents, Constructions and Purposes whatsoever, as the said Council by vertue of His Majesties said Letters, Patents may or can Graunt: To Have and to Hold the said Tract and Tracts of Land, and all and singular the premses above mentioned,, to be granted with their and every of their Appurtenances, to the said William Bradford, his Heirs, Associates and Assigns for ever; to the only proper and absolute use and behoof of the said William Bradford, his Heirs, Associates and Assigns for ever; Yielding▪ and Paying unto our said Soveraign Lord the King, His Heirs and Successors for ever, one fifth part of the Oar of the Mines of Gold and Silver; and one other fifth part thereof to the President and Council, which shall be had, possessed and obtained within the Precincts aforesaid, for all Services and Demands whatsoever; allowing the said William Bradford, his Associates and Assignes, and every of them, his and their Factors, Agents Tenants and Servants, and all such as he or they shall send and imploy about his said particular Plantation; shall and may from time to time, freely and lawfully go and return, Trade and Traffick, as well with the English as any of the Natives within the Precincts aforesaid; with liberty of Fishing upon any part of the Sea-coast and Sea-shores of any the Seas or Islands adjacent, and not being Inhabited, or otherwise disposed of by Order of the said President and Council▪ forbidding all others to Traffick with the Natives, or Inhabit any the said Limits, without the special leave of the said William Bradford, his Heirs or Associates; and allowing the said William Bradford, his Heirs and Associates, to take apprehend, seize and make price of all such Persons, their Ships & Goods as shall attempt to Inhabit or Trade with the Salvage People, as aforesaid, &c.

Moreover, whereas in the first beginning of this Colony, divers Merchants and others of the City of London, and elsewhere, adventured divers Sums of Money with the aforesaid, John Carver, William Bradford, Edward Winslow, William Brewster, Isaac Allerton, and the rest of their Associates, on certain terms of Partnership, to continue for the term of seven years. The said term being expired, the Plantation, by reason of the manifold losses and crosses, by Sea and Land, in the beginning of so great a work,The Associates Purchase of the Merchants Adventurers. being largely Indebted, and no means to pay the said Debts but by the sale of the whole; and the same being put to Sale, We the said William Bradford, Edward Winslow, William Brewster, Isaac Allerton, and other our Associates, the Inhabitants of New-Plimouth, and elsewhere, being loth to be deprived of our Labours, bought the same, for, and in consideration of eigteen hundred pounds Sterling, with all, and singular the Priviledges, Lands, Goods, Buildings, Chattels, Ordnance, Munition, or whatsoever appertained to the said Plantation or the Adventurers thereunto belonging; as appeareth by a Deed between the said Isaac Allerton, then Agent for the said William Bradford and his Associates on the one part▪ and John Pocock, Robert Keyn, Edward Basse, James Sherly and [Page] John Beanchamp on the other part; being thereunto deputed by the said Merchants, and the rest Adventuring as aforesaid; as appeareth by a Deed, bearing Date Nov. 6th in the third Year of the Reign of our Soveraign Lord Charles, by the Grace of God King of England, Scotland, France and Ireland, &c. Anno Dom. 1627. Be it Known therefore unto all Men by these presen [...] that according to our first intents, for the better effecting the glory of God the enlargement of the Dominions of our said Soveraign Lord the King, and the special good of His Subjects; by virtue as well of our Combination aforesaid, as also the several Graunts by us procured in the Names of John Peirce and William Bradford, And their further Right in respect of Vacancy, Donation & Purchase of the Natives, to Give and Graunt Lands, &c. their Heirs, and Associates; together with our lawful Right, in respect of Vacancy, Donation or Purchase of the Natives, and our full Purchase of the Adventurers before expressed; have given unto, Allotted, Assigned and Granted to all and every person or persons, whose Name or Names shall follow upon this publick Record, such proportion or proportions of Grounds, with all and singular the priviledges thereto belonging, as aforesaid, to him or them, his or their Heirs, and Assigns successively for ever; to be Holden of His Majesty of England, His Heirs and Successors, as of His Mannor of East-Greenwich, in the County of Ken [...]; in free and common Soccage, and not in Capite, nor by Knights Service; yielding and paying to our said Soveraign Lord the King, His Heirs and Successors for ever, one fifth part of the Oar of the Mines of Gold and Silver; and one other fifth part to the President and Council, which shall be had, possessed and obtained as aforesaid. And whatsoever Lands are or shall be granted to any by the said William Bradford, Edward VVinslow, William Brewster, Isaac Allerton, their Heirs or Associates as aforesaid; being acknowledged in publick Court, and brought to the publick Records of the several Inheritances of the Subjects of our Soveraign Lord the King, within this Government; it shall be lawful for the Governour of New-Plimouth aforesaid, from time to time successively, to give under the common Seal of the Government a Coppy of the said Graunt so Recorded; Confirming the said Lands to him o [...] them, his or their Heirs and Assigns for ever; with the several Bounds and Limits of the same, which shall be sufficient Evidence in Law from time to time, and at all times, for the said party or parties, his or their Heirs or Assigns; to Have and to Hold the said portion of Land so Granted, Bounded and Recorded as aforesaid; with all and singular the Appurtenances thereunto belonging, to the only proper use and behoof of the said party or parties, his or their Heirs and Assigns for ever.

The Copy being Imperfect most of these Errata's following happened thereby.

PAge 3 of the Preface, Line 14▪ Read acquire. p. 2 of the Book l. 29. for wars. r. was. p 3. l. 21. because &c. begins the second Section. l. 36 r. Recorder: p 6. l. 21. r. Sureties. p 7. l. 46. r. fifth. p. 10. l. 29: r. wilfully. l. 37. r. as. p. 17. l. 42 r. as. p. 20. l. 39. r. each. p. 21. l. 4. r. each. p. 23. l 15. r. this. p. 26 l. 25. dele ing. p. 27. l. 17. add the. p. 28 Title Dures p. 30. l. 16 r. County. p. [...]. l. 5. r. Country. l 40 r. Country. l. 42. r. Country. p. 33. l. 9. r. if. l. 26. r. as l. 44. r. or. p. 34 l. 11. r seizor l. 13. r. stature. p. 36: l. 18. r. suspect. p. 39. l. 15. r. Mare, l. 1 [...]. r. hitherto. p. 44. l. 3. r. accrued. l. 8. r. sue. l. 11. r. of p. 48. l. 37. r. if. p. 50. l. 24. r pious. p. 54. l. 20. r hundred. p. 56. l. 10. r Town p. 6. l. 35. r if. p. 53. l. 18. after Swear dele [...]. the same &c. follows in the second Section. l. 32 r. figned and. p 69 l. 19. r. the plantations. p. 71. l 8. r. make. p. 72. l. 15 r Ward. p. 74. l. 38. dele with, p. 75. l. 2. r. I have Attached the Goods or Lands of said A. B. to sufficient value, and left Summon [...] at his House or place of usual Abode, &c.

CHAP. I.
The General Fundamentals. Anno. 1636. and Revised 1671.

[Page]

1. WEE the Associates of the Colony of New-Plimouth, coming hither as free born Subjects of the Kingdome of England, Endowed with all and singular the Priviledges belonging to such: Being Assembled,

Do Enact, Ordain and Constitute; that no Act, Imposition,Laws to be made by the Freemen o [...] their representatives. Law or Ordinance b [...] Made or Imposed upon us at present or to come, but such as shall be Enacted by consent of the body of Freemen or Associates, or their Representatives legally assembled; which is according to the free Liberties of the free born People of England.

2. And for the well Governing this Colony:Annuall chosen by the free men It is also Resolved and Ordered, that there be a free Election annually, of Governour, Deputy Governour and Assistants, by the Vote of the Freemen of this Corporation.

3. It is also Enacted,Justice [...] be equally and speedily administred. that Justice and Right be equally and impartially Administred unto all, not sold, denied or causelesly deferred unto any.

4. It is also Enacted, that no person in this Govern [...]ent shall suffer or be indamaged, in respect of Life, Limb, Liberty, Good Name or Estate,None to suffer but according to Law and by due course & process of Law. under colour of Law, or countenance of Authority, but by Virtue or Equity of some express Law of the General Court of this Colony, or the good and equitable Laws of our Nation, suitable for us, in matters which are of a civil nature (as by the Court here hath been accustomed) wherein we have no particular Law of our own. And that none shall suffer as aforesaid, without being brought to answer by due course and process of Law.

5. And that all Cases, whither Capital, Criminal, or between man and [Page] man,All Trials to be by Jury be T [...]ed by a Jury of twelve good and lawful men, according to the Commendable custome of England, except where some express Law doth referre it to the judgment of some other Judg or Inferiour Court where Jury is not; in which Case also, any party agrieved, may Appeal an [...] have Trial by a Jury.

with liberty to challenge any of the jury.And it shall be in the liberty of any person, that is to be tried by a Jury to challenge any of the Jurors, and if the challenge be found just and reasonable by the Bench, it shall be allowed, and others without just exception shall be Impannelld in their room: And if it be in case of Life and Death, the Prisoner shall have liberty (according to the Law of England) to except against twenty of the Jury without giving any reason for the same.

what testimony required in cases6. That no Person shall be Cast, Condemned or Sentenced in any Case Capital, Civil or Criminal without the testimony of two sufficient Witnesses, or other sufficient Evidence, or Circumstances equivolent thereunto, unless in any particuler Case the Law hath otherwayes provided.

7. And it is Enacted; Being the Priviledge of our Charter; That all Persons of the Age of twenty one Years, of right understanding and memory, whether Excomunicated,Power to make Wills Condemned, or other, having any Estate properly theirs to dispose of, shall have Power and Liberty to make their reasonable Wills and Testaments, and other lawful Alienations of their Lands and Estates; be it only here excepted, That such as are sentenced for Treason against the King's Majesty, or Realm of England, or other Capital crimes, shall forfeit to the King or Colony,An Exception. for the carrying on the Charge of Government, their personal Estate: Their Lands and real Estate being still at their disposal.

8. That whereas the great and known end of the first Comers in the year of our Lord, 1620. leaving their dear Native Country, and all that was dear to them there;The great end of our coming into this Wilderness was Liberty to enjoy the pure worship of God without offence to others transporting of themselves over the vast Ocean, into this remote wast Wilde [...]ness, and therein willingly conflicting with Dangers, Losses Hardships and Distresses, sore, and not a few Wars, that without offence, they under the protection of their Native Prince, together with the enlargement of his Majesties Dominion, might with the liberty of a good Conscience enjoy the pure Scriptural worship of God, without the mixture of humane inventions and impositions; and that their Children after them [...]ght walk in the Holy way [...]s of the Lord: And for which end they obtained leave from King James o [...] happy Memory, and His Honourable Council: with farther Graunts from His Gracious Majesty, Charles the I. and His Honourable Council, by Letters, Patents for sundry Tracts of Land, with many Priviledges therein contained for their better Encouragement to proceed on in so Pious a Work, which may especially tend to the propagation of Religion, &c. as by Letters, Patents more at large appeareth; with further assurance also of the continuance of our Liberties and Priviledges, both Civil and Religious under the Royal hand and Seal of our Soveraign Lord King Charles the II. And whereas by the good hand of our God upon us, many others since the first comers, are for the same end come unto us, and sundry others rise up amongst us, desirous with all good Conscience, to walk in the Faith and Order of the Gospel, whereby there are many Churches gathered amongst us, walking according thereunto: And whereas (by the Grace of God) we have now had above sixty Years experience of the good consistancy of these Churches, with Loyalty to our Prince, civil Peace and Order, and also with spiritual Edification, together with the welfare and tranquility of the Government.

It is therefore for the honour of God and the propagation of Religion, and the continued welfare of this Colony, Ordered by this Court and the Authority thereof,The Churches of Christ to be protected. That the said Churches already Gathered, or that shall be orderly Gathered, may and shall from time to time by this Government be [Page] Protected and Incouraged in their peaceable and orderly walking, and the faithful, able,And the Ministers of the Gospel to be provided for orthodox Teaching Ministry thereof duely incouraged and provided for: together with such other orthodox, able Dispensers of the Gospel, whic [...] shall or may be placed in any Township in this Government, where there is or may be defect of Church Order.

9. And finally,All the foregoing Fundamentals inviolably to be preserved. It is Ordered and Declared by this Court and the Authority thereof, that all these aforegoing Orders and Constitutions are so Fundamentally Essential to the just Rights, Liberties, Common Good, and Special End of this Colony, as that they shall and ought to be inviolably preserved.

CHAP. II.

Actions.

1. IT is Ordered by this Court and the Authority thereof; That all Act [...] ons about Title of Land, shall be first Tried in the County where the Lands lieth;Title of Land to be tried in the County where it lieth other Trials where one of the parties dwell. Trials before a Magistrate and all other Actions Tryable at a County Court shall be Tried at any of the Counties▪ where either Plaintiff or Defendant dwelleth or resideth, as the Plaintiff pleaseth: and all Actions Tryable at Select Courts shall be Tried at that Town where either Plaintiff or Defendant dwelleth, as the Plaintiff seeth cause: and any Action Tryable before a Magistrate, one of the Parties must live or reside in the County where the Magistrate lives or resides, unless both Parties be Strangers▪ because much time is lost in the beginning of Courts of Tryals and Appeals, by neglect of timely [...]ntring of Actions.

2. It [...] Enacted by this Court, &c. Time of Entry of Action [...] That Actions shall be Entred upon [...] the first day of the Courts Sitting, and not after: and in case any [...] shall delay his Entry longer than the Forenoon of the first day of the Court, he shall pay ten shillings to the Countrey or Counties use, besides the ordinary Fees for Trial of Actions; to this end all Marshalls and Constables are required to make their Returns of all Summons and Attachments, and their doings therein under their hands,Time of return of warrants by the Marshal of Constable sometime at or before the first sitting of the Court that is to take cognizance of the Case; or seasonably give to the Party the Summons or Attachment Sealed up and directed to the Clerk of the Court to which the same is Returnable.

3. That the ordinary settled Charges for Entring of Actions, shall be fifteen shillings and six pence at a Court of Assistants;Chrages of Tryals which shall be thus divided, two shillings to the Secretary, six pence to the Marshal, two shillings to the Fore-man of the Jury, and one shilling a piece to the rest of the Jury: and at a County Court, there shall be paid nine shillings for Entring an Action, to be divided according to former custom, unless the County Courts have otherwayes agreed with their Officers, and made Provision for their Jurors: and for Entring an Action at a Select Court shall be paid three shillings: and on a Tryal before a Magistrate, shall be paid three shillings: for a Witness Sworn at home, one shilling, and two shillings a day for a Witness that tends the Court; and if the Defendant obtain a Verdict, he shall not only have his Cost allowed for Witnesses, as abovesaid; but two shillings and six pence per [Page] day for what time he hath necessarily attended on the Action, which shall be given without Suit; and this shall bar the Defendant from Suit, unless by Imprisonment or otherwayes he hath been more than ordinarily damnified.

4. Whereas in Suits and Actions brought into Courts between Party and Party, s [...]metimes the Plaintiff, and sometimes the Defendant, and sometimes neither of them do attend the Call to Prosecute or Answer, None attendance on Action to the great abuse of Court and Jury, and others concerned in the Case, and is contrary to the laudable Custome of all Courts in our Native Countrey, and elsewhere:

It is therefore Ordered and Enacted, That if any Plaintiff have Entred an action to be Tryed in any Court, or which comes by Replevin, Review, or otherwise,Penalty on the Plantiff. and doth not by himself, or by his Attorney, make their appearance, and Prosecute their Action after they have been three times called in Court, they shall be Non suited; and if the Defendant appear not to such Call, the Plaintiff appearing, the Suit shall nevertheless proceed: and if Plaintiff or Defendant appear at their Call,The Defendant they shall have their Costs granted against him that appeared not: and if afterwards both Parties do agree to try the Case at the same Court, they shall be allowed so to do; the Plaintiff paying for a new Entry.

5. It is Enacted by this Court, That in all Summons or Attachments, the special ground of the Action shall be expressed,What shal be grounds of Nonsuit and what not and that a Circumstantial Error in a Summons or Warrant▪ shall not be taken as a sufficient ground for a Non-suit, where otherwise both the Party and Case intended may be Rationally understood; and it shall also be expressed in the Warrant in what quality the Plaintiff Sues, whither as Principle, Attorny, Guardian, or otherwise.

6. And all Persons, whither Parties or Witnesses are Injoyned to Attend their Respective Concerns the whole time of the Courts publick sitting,No further Plea after the case is commited to the Jury until they are Issued, and shall present the whole Plea or Evidence before the Case be committed to the Jury; and no other Plea or Evid [...] [...] Admitted to any Person, any Usage or Custom to the Contrary [...].

Warrants wh [...]n to be served.7. That all Warrants, whither to Attach or Summons any to answer to any Action or Presentment, shall be Served five compleat working dayes before the first day of the Court.

8. That a Summons or Attachment from any Magistrate, or Person that is Authorized for that End, shall be sufficient Warrant to bring any Person within this Government to Answer to any Civil Action or Complaint commenced against him;Summons or Attachments shall be a sufficient Warrant. and where there is Attachments, they shall be granted against the Estate, and for want thereof the Person.

9. It is also Ordered, That it shall be at the liberty of any Plantiff to withdraw his Action at any time before the Jury bring in their Verdict,Plantiffs liberty to withdraw if he see cause: In which Case he shall allow the Defendant full cost, and may afterwards Renew his Suit at another Court.

10. Be it Enacted, That no man in any Suit or Plaint against another shall falsly pretend great Damages, or Debts, to vex or discredit his Adversary;Vexatious Suits. and in all Cases where it appears to the Court that the Plantiff hath willingly wronged the Defendant in commencing Suit, or prosecuting complaint or Inditement against him, he shall pay unto the Defendant double costs, besides damage, and be Amerced to the Country or County, not exceeding [Page] five pounds, as the Case may be circumstanced for such his vexatious Suit or Plaint.

11. Be it also Enacted, That a Jury bringing in a Verdict, the Court concurring and accepting it, Judgement be forthwith entered,When Jud [...] ment to be [...] if they concur not, the Jury may be put upon farther consideration of the Case; and if they Retain their Verdict, it shall be accepted, and Judgment entered accordingly.

12. It is further Enacted, That in case a Plantiff obtain not a Verdict, or be not satisfied therewith, having new Plea, or Evidence, he may Rreveiw his Action, if he see cause: As likewise may the Defendant,Reveiws but must bring their Reveiw where the Action wrs first Commenced; but if either Party be cast in their Reveiw, and go on to Reveiw a second time, and be cast, they shall be accounted Vexatious and Troublesom to the Court, and to the Party Prosecuted, and shall be Awarded to pay double cost to the Party, and twenty shillings fine to the County.

13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction,Foreigners to give Security to respond Costs before Summons o [...] Attachment granted▪ 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,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 [...], if he shall Reverse the Judgment within one Year, or such [...] 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 surties. 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, he 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.

[Page]16. Liberty is granted by thi [...] 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 Attorneys 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 B [...]rater, 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 principle, 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 [...]o satisfie it, except for Damage feizant.

20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded, Distreined or Seized, unless it be upon Execution after Judgment,Replevin 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 [...] Discretion21. 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 appoin [...] 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 or 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 [Page] 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 they Appeal to. And all Appeals shall be Recorded at the charge of the Party Appealing; and the Appealant shall briefly in Writing, by himself or Lawful Attorney, under his or their hand, deliver into the Clerk of the Court, or Person Appealed from (which shall be done without reflecting upon other Court or Party) the Grounds and Reasons of his Appeal, five compleat working dayes before the first morning of the Court Appealed to; to which Court the Clerk of the Court, or Person Appealed from, shall return said Writing timely to the Court, and give Copies thereof to the Defendant, he desiring and paying for the same. And whosoever shall Appeal to the County Court, and not prosecute his Appeal, besides his Bond, shall forfeit twenty shillings to the County; and whosoever shall Appeal to the Court of Assistants, and not prosecute the same, shall in like manner pay forty shillings to the Countrey.

23. It is Ordered, That no person that sat as Judge, and Voted in any inferiour Court, shall Judge or Vote in any Court Appealed to,Who shall not sit as Judg, or Vote in Court appealed to. unless the Judges Appealed from be more than the Judges Appealed to; in which Case, it may be judged by the whole: in all Appeals the case to be [...]udged by the same Evidence, and no other than what was used in the Court Appealed from, unless it appear either party [...] hindred from putting in any Evidence in their case, that of by Right and Law they should not have been hindred of; the said Court to confirm or reverse the Judgment, or to increase or to abate the Damage, as they may see cause, according to Law; and the Party that Appeals, shall bring in the whole case, as left on file, and bring a Certificate that he hath so done; and if he recover the charge, shall be allowed in his cost.

Apprizements

24. AND for the Apprizement of Lands, Goods or Chattels, Levied or Taken in Execution or Distress;

It is Ordered, &c. That the Party whose Estate is to be Prized, shall chuse one Prizer, and the person which is to receive the Estate-prized, shall chuse another Prizer; and in case either party neglect to chuse, the Marshal or Constable shall chuse one for him: and if two chosen agree not, the said Officer shall be the third Prizer: And where the party concerned refuseth to set forth suitable Estate, both as to the Specie due, and nearness of the Sum to be Levied or Distrained, there the Marshal or Constable shall seize such Estate as may best suit thereunto; to be equally, and indifferently prized, according to the Specie due, and not overprized: And in case the Debt to be Levied or Distrained, be above twenty pounds, that then it shall be in the liberty of either party to chuse two Prizers, and upon their not-agreement, the Officer shall be the first Prizer; and in case the Officer is put to make choice of Prizers; such Prizers shall be paid by the Officer for their time, to be Levied or Distreined with the other Debt or Damage: and if any person which shall be so chosen by the Officer, shall refuse to be a Prizer, he shall be fined five shillings to the County, and the Officer shall chuse another in his room.

CHAP III

[Page]

Bills & Bonds

Debts by Specialty good to Assigns.1. IT is Enacted by this Court; That any Debt due by Bill, Bond or other Specialty, shall be as good a Debt to the Assigns, as it was to the Assigner, and as Recoverable by Suit, Provided the Assignment be under hand of the Assigner, and the Assignment duely proved.

Book-Debts

2. IT is Ordered by this Court and the Authority thereof; That all Debts due by Book or Account,In what case actions for Debt by Book or Account to be brought within 3 years that are now due to any Person, shall be required, received, or his Action for the same brought within three years after this present Session, or they shall from thence be for ever barred their Action for the same, unless it be where either party is beyond Sea, under age, or non Comp [...] mentis.

3. It is Ordered by this Court; That every Merchant, Factor, Shop-keeper,Merchants, Tradesmen & Dealers books Trades-man or Dealer, shall keep a Book of their Dealings and Trading, fairly written down, both Debt and Credit; an Account out of which Book compared in open Court, and Sworn to by said Merchants, Factors, Shop-keepers, Tradesmen or Dealer, or any of them, or their, or either of their Servants, it shall be accounted sufficient for proof of said Debt; Provided the same be put in Suit within six years after the Debt is contracted, any Law,What Testimony sufficient thereunto Custome, or Usage to the contrary notwithstanding: nevertheless if the Defendant will take his Oath, he had not by himself or any other, by his Order or Account the Goods charged, or that he had paid for the same, then shall the Case be judged according to the strongest presumpti [...] the parties concerned shall produce.

Debts to be paid in specie.4. It is Ordered, That all Debts be paid in Specie, according to Contract.

5. It is Ordered; That one positive Testimony Sworn to a Bond, or Bill, or other Specialty,What testimony good in a Specialty. or to an Account, and he not a party, the same not denied by the Defendant, shall be accounted good proof in Law for the same: and in any matter Criminal, the confession of the party, or the Fact seen or heard by him who is the proper Judg thereof,What in some Criminals. or one positive Witness, and the party not denying, or one positive Witness, and concurring circumstances, shall be sufficient to convict any person in any Crime, the penalty whereof exceeds not ten shillings.

Bridges

Defects in Bridges & High-wayes to be presented, &c.6. IT is Ordered by the Court and the Authority thereof; That all defective Bridges and High-wayes, the Countrey, County, Town, or particular persons, that of right ought to make and maintain the same; for neglect or defect therein, shall be liable to be Presented to the County Courts; [Page] who as the case is circumstanced, shall lay Countrey, County, Town or Person that is defective under such penalty as to them shall seem meet; that they in such time as shal be Ordered, Repair or make such Bridge or Way as is presented; and if they neglect or refuse to perform the same, within the time set, besides such Fine as is laid on them, shall pay double Damage to any particular Person that may suffer by reason thereof: and if it be the occasion of the Death, of any person after the time set them, for making or repairing the same, the Countrey, County, Town or Person defective shal [...] be liable to such reasonable satisfaction or fine to the Relations, as the Cou [...] shall judge meet.

CHAP, IV.

CAPITAL LAWS.

1. IT is Enacted by this Court, and the Authority thereof, That if any Person having had the knowledge of the true God, openly and manifestly, have or worship any other God but the Lord God,Idolatry. he shall be put to Death. Exod. 22.20. Deut. 13.6, 10.

2. If any Person within this Jurisdiction professing the True God, shall wittingly and willingly presume to Blaspheme the Holy Name of God the Father, Son, or Holy Ghost, with direct, express, presumptious,Blasphemy. high-handed Blasphemy, either by wilful or obstinate denying of the True God, or his Creation, or Government of the World, or shall curse God the Father, Son or Holy Ghost, such Persons shall be put to Death, Levit. 24.15, 16.

3. Treason against the Person of our Soveraigne Lord the King, the Realm and Common-wealth of England, shall be punisht by Death.Treason.

4. That whosoever shall Conspire and Attempt any Invasion, Insurrection,Conspiring against this Jurisdiction and His Majesties authority here established. or publick Rebellion against this Jurisdiction and His Majesties Authority here established, or surprize any Town, Plantation, Fortification or Amunition therein provided for the safety thereof; or shall treacherously and profideously attempt and endeavour the Alteration and Subversion of our Fundamental Frame and Constitution of this Government, every such Person shall be put to Death.

5. If any Person shall commit wilful Murther, by Killing any Man, Woman or Child upon premidated Malice, Hatred or Cruelty;Wilful Murther premeditate. not in a way of necessity and just Defence, nor by Causualty against his will, he shall be put to Death.

[Page] Murther in suddain passion. through guile or poysoning.6. If any Person slaveth another s [...]ddainly in anger and cruelty of passion, he shall be put to Death.

7. If any person slay another through Guile, either by poysoning or other divelish practice, he shall be put to Death.

Witchcraft.8. If any Christian (so called) be a Witch; that is, hath or consulteth with a Familiar Spirit, he or they shall be put to Death.

Bestiality.9. If any Person lyeth with a Beast, or Bruit Creature by carnal copulation, they shall surely be put to Death, and the Beast shall be slain and buried, and not eaten.

Sodomy.10. If any Man lyeth with Man-kind as he lyeth with a Woman, both of them hath committed abomination, they both shall surely be put to Death, unless one party were forced, or were under fourteen years of Age; and all other Sodomitical filthiness shall be severely punisht according to the nature of it.

False witness.11. If any Person rise up by false Witness, wittingly and of purpose to take away a Mans Life, he shall be put to Death.

12. If any Man stealeth Mankind, he shall be put to Death, or otherwise grievously punished.Man stealing.

13. If any Child or Children above sixteen years old, and of competen [...] understanding, shall curse or smite their natural Fathers or Mothers, he or they shall be put to Death; unless it can sufficiently be proved that the Parents have been very negligent in the Education of such Children,Cursing or smiting father or mother or so provoked them by ext [...]eam and cruel Correction, that they have been forced thereunto to preserve themselves from Death or Maiming.

14. If any Man shall Ravish a Maid or Woman, committing carnal copulation with her by force, that is above the Age of ten Years; or if she were under the Age of ten Years, though her will was gained by him, he shall be punished with D [...]ath, or some other grievous punishment.

15. Whosoever shall willingly, or on purpose burn any House, Ship, Barque,Wilful burning of Houses, Ships, &c. or any other Vessel of considerable value; such person shall be put to Death, or otherwise grievously punished as the Case and circumstances of of it may require.

An Act for the Restraining and Punishing Privateers and Pirates in pursuance of His Majesties Special Directions and Command; by the General Court Summond for that End, July, 4th. 1684.

15. Whereas nothing can more Contribute to His Sacred Majesties Honour, then that such Articles are concluded and agreed on in all Treaties of Peace,Articles in all Treaties of peace agreed on by His Majesty, to be inviolably kept by His Subjects. should by His Majesties Subjects, according to their duty, be most Inviolably preserved, and kept in and over all H [...]s Majesties Dominions and Territories; And whereas, not only against such Tr [...]aties of Peace made by His Majesty, with His Allies, but also contrary to His Majesties Royal P [...]oclamations: Several of His Subjects have, and do continually go off from this Colony, into Forraigne Princes Services, and Sail under their Commissions, contrary to their Duty and good Allegiance, and by fair means cannot be restrained from so doing.

Be it therefore Enacted by this General Cou [...]t and Authority thereof; and it is hereby Enacted by the Authority of the same, that from and after Publication hereof, it shall be Felony for any person which now doth, or [Page] within four years last past, heretofore hath,Felon [...] to serve in hostile manner any Forreign Prince, &c. against any in amity with His Majesty without Licence. And to suffer pains of death or hereafter shall Inhabit or Belong to this Colony, to serve in America, in an Hostile manner, under any forreign Prince, State or Potentate, or any imployed under any of them, against any other Prince, State or Potentate, in amity with His Majesty, without especial License for so doing, under the Hand and Seal of the Governour or Commander in chief of this Colony for the time being. And that all and every such Offender or Offenders, contrary to the true intent of this Act, being thereof duely convicted in any of His Majesties Courts of Judicature within this Colony; to which Court Authority is hereby given to hear and determine the same, as in other cases of Felony, shall suffer pains of Death, without b [...]nefit of the Clergy.

Provided nevertheless, that this act, nor any thing therein contained, shall extend to any Person or Persons,unless returning within the time limited▪ which now are or have been in the Service or Imployment of any forreign Prince, State or Potentate whatsoever, that shall return to this Colony, and leave and desert such Service and Imployment, b [...]fore the tenth day of December next insuing: rendring themselves to the Governour or Commander in chief for the time being; and giving him such Security as he shall appoint for their future good behaviour; and also that they shall not depart this Colony without the Governours leave.

And for the better and more speedy Execution of Justice upon such, who having committed Treasons, Piraci [...]s, Felonies, and other Offences upon the Sea, shall be appr [...]h [...]nd [...]d [...]n, or brought Prisoners to this Colony.

Be [...] by the Authority aforesaid, That all Treasons,Treasons, Spiracies, Felonys &c. though committed on the Sea, if hither brought within t [...]is Colony. shall be proceeded against as if committed on the land by Commission to the Judges of the Admiralty & others. Their power. Felonies, Piracies, Robberies, Murthers, or Confederacies committed, or that hereafter shall be committed upon the Sea, or in any Haven, Creek or Bay, shall be Enquired, Tried, Heard, Determined, and Judged within this Colony, in such like form, as if such Offence had been committed in and upon the Land; and to that end and purpose Commissions shall be had under the great Seal of this Colony, directed to the Judge or Judges of the Admiralty of this Colony for the time being; and to such other substantial Persons as by His Majesties Governour or Commander in chief for the time being, shall be named or Appointed; which said Commissioners, or such a Quorum of them, as by such Commission shall be thereunto Authorized, shall have full power to do all things in and about the Enquiry, Hearing, Determining, Adjudging and Punishing of any of the C [...]imes and Offences aforesaid, as any Commissioners to be appointed by Commission under the great Seal of England, by vertue of a S [...]atute made in the XXVIII. Year of the Reign of King Henry the eighth, are Impowred to Do and Execute within the Kingdome of England. And that the said Offenders which are or shall be Apprehended in, or brought Prisoners to this Colony, shall be liable to such Order, Process, Judgments and Execution, by vertue of such Commission to be grounded upon this Act, as might be Awarded or Given against them, if they were proceeded against within the Realm of England, by virtue of any Commission grounded upon the said Statute.

And all Trials heretofore had against such Criminal or Criminals, before any Judge or Judges, by vertue of such Commission or Authority, at any time heretofore granted; and all Proceedings thereupon, are hereby Ratified,And Indemnification. Confirmed and Adjudged lawful: and all such Judges, with all and every the inferiour Officers that have acted thereby, are hereby Indemn [...]fied to all Intents and Purposes whatsoever. And in case they, or any of them shall at any time hereafter, be Sued, Vexed, Molested or Troubled, for any such their Proceedings aforesaid; he or they so Sued, Vexed or Molested, shall Plead the General Issue, and give the Act in Evidence; Any Law, Statute, Custome [Page] or Usage to the contrary in any wise notwithstanding.

And it is further Enacted by the Authority aforesaid; That all and every person or persons that shall any way knowingly Entertain, Harbour, Conceal, Trade or Hold any Correspondence, by Letter or otherwise, with any person or persons,The Abettors of Privateers, &c. to be punished as accessaries. that shall be Deemed or Adjudged to be Privateers, Pirates, or other Offenders, within the construction of this Act; and that shall not readily endeavour to the best of his or their power to Apprehend, or cause to be apprehended such Offender or Offenders, shall be liable to be Prosecuted as Accessaries and Confederates; and to suffer such pains and penalties as in such case by Law is provided.

And for the better and more effectual Execution of this Act;

What is requi [...] of [...] Commission officers in pursuance of this act.Be it further Enacted by the Authority aforesaid; That all Commission Officers in their several Precincts within this Colony, are hereby required and impowred, upon his or their Knowledge, or notice given, that any Privateers, Pirates or other Persons suspected, to be upon any unlawful design, are in any place within their respective Precincts; to Raise and Levy such a number of well Armed Men,Their power as he or they shall think needful for the seizing, apprehending & carrying to Goal all and every such person or persons; and in case of any resistance or refusal to yield Obedience to His Majesties Authority, it shall be lawful to kill or destroy such person or persons; and all and every person or persons, that shall oppose or resist, by Striking or Firing upon any of the commanded parties, shall be deemed, taken, and adjudged as Felons, without benefit of the Clergy. And every such Officer that shall omit or neglect his duty herein, shall [...] fifty p [...]unds currant Money of this Colony,penalty of their neglect for every such Offence, to be recovered in any of His Majesti [...]s Courts of Record within this Colony, by Bill, Plaint, or Information, wherein no Ess [...]ign, Wager of Law o [...] P [...]otection shall be allowed; one moiety thereof to be to our Soveraign Lord the King, His Heirs and Successors, for▪ and towards the support of the Government of this Colony, and the contingent charges thereof,Penalty of the Souldiers not obeying their Officers orders in execution of the premises. and the other moiety to the Informer: and all and every person or persons, that upon Orders given him or them, shall refuse to repair immediately with his or their Arms well fixed, and Amunition, to such place or places as shall be appointed by the said Officer, and not readily obey his Commands in the Execution of the premises, shall be liable to such Fine or corporal Punishment, as by a Regimental Court Marshal shall be thought fit.

CHAP. V.

Childrens Education

1. FOrasmuch as the good Education of Children and Youth is of singular use and benefit to any Common wealth; and whereas many Parents and Masters either through an over respect to their own Occasions and Business, or not duely considering the good of their Children and Servants, have too much neglected their Duties in their Education whilest they are young and capable of Learning.

Select mens care that all Children and Servants be brought to RecordIt is Ordered; That the Select men of every Town, shall have a vigilant Eye from time to time over their Brethren and Neighbours, to see that all Parents and Masters do duely endeavour by themselves or others, to teach their Children and Servants as they grow capable, so much Learning as [Page] through the blessing of God they may attain; at least to be able duely to read the Scriptures, and other profitable Books Printed in the English Tongue; and the knowledge of the Capital Laws; and in some competent measure, the main Grounds and Principles of Christian Religion,And Catichised. necessary to Salvation; by causing them to learn some orthodox Catechisme without book, or otherwayes instructing them, as they may be able to give a due answer to such plain and ordinary questions as may by them or others be propounded to them concerning the same. And further, that all Parents and Masters do breed and bring up their Children and Apprentices in some honest lawful Calling and Imployment, that may be profitable for themselves and the Country. And if after Warning and Admonition given by any of the Select Men unto such Parents or Masters, they shall still remain negligent in their duty, in any of the particulars aforementioned, whereby Children or Servants may be in danger to grow Barbarous, Rude and Stubborn, and so prove Pests in stead of Blessings to the Country; That then a Fine of ten shillings shall be Levyed on the Goods of such Negligent Parent or Master to the Towns use,Or put out wher [...] they may. except extream poverty call for a Mitigation of the Fine. And if in three Months after that, there be no due Care taken, and continued for the Education of such Children and Apprentices as aforesaid, then a Fine of twenty shillings to be Levyed on such Delinquents to the Towns use; except as aforesaid. And lastly, if in three Months after that, their be no Reformation of the said Neglect, then the Select Men, with the Advice of two Magistrates shall put such Children to Apprentice; Boyes till they come to twenty one, and Girls eighteen years of Age, where they may be Educated according to the Rules of this Order.

Coopers, & Cask.

1. IT is Ordered by this Court and the Authority thereof, That all Barrels that shall be made in this Government for Pork, Beef and Oyl, Beer,Gage of Cask. Ale, Sider, shall be one and thirty Gallons and a half; and that all such Cask be made of sound and well seasoned Timber:And Brand. And that every Cooper Brand-mark his Cask with a distinguishing Brand-mark, on the penalty of the forfeiture of all Cask that are not so made and marked, the one half to the informer, the other half to the County. It is Ordered, that from the first day of September next, no Tar shall be put into or exposed to Sale or Transportation but in Cask, the great Barrels containing no less than fifteen Gallons and the small Barrels no less than ten Gallons. All Cask for Tar to be branded by the Cooper before disposed of; and all Barrels of Tar, small or great, that are not Branded, and of a full Gage, to be forfeited, half to the Informer, and half to the County.

Clerks.

2. IT is Enacted by this Court and the Authority thereof;Clerks & Recorders to issue forth warrants for the Towns to their Jurors to serve on the Grand Inquest and for tryal [...]. That the Clerk of the Courts of Assistants, and Clerks of the County Courts, shall in convenient time before the sitting of each Court, send Warrants signed, as Clerk or Recorder of such Court, to the Constables of the Respective Towns, for Jurors to serve upon the G [...]and Inquest, and for Tryals: The Recorder of the Court of Assistants to Plimouth, and the Neighbour Towns; and the Clerk of the County Courts to the several Towns of the County, who shall upon the receipt of such Warrant give timely notice to the Town to [Page] Meet together, to chuse so many Able, Discreet Men as the Warrant shall require; which Men so chosen, shall by the Constable be warned to attend the Respective Courts they are chosen to serve at; and shall make timely return of the Names of the Jurors so chosen to the respective Court, Indorsed on the said Warrant. The Grand Jury shall serve for a Year; and the Jury of Tryals only at the Court Summoned to serve at.

Constables.

The Towns to chuse their Constables and Town-clerk to return their Names to Court1. IT is Enacted, That every Town in this Colony (under the Penalty of five Pounds to the use of the County, in which such Town lyes) shall Annually chuse one or two meet Men to serve in the office of Constable; and such Persons so chose, shall be returned by the Town-Clerk to the first County Court, which shall be held in each County next after the Court of Election Annually; who being warned by the former Constable, shall there appear to be sworn; which if he shall neglect to do, and do not within one week after such Court, present himself to a Magistrate to be sworn, he shall pay a Fine of five pounds to the Town, to be Levied by a Warrant from a Magistrate on such Delinquents Estate,penalty of Constables non-appearance to take Oath and delivered to one of the Select men for the Towns use; and such Town shall forthwith chuse another; and if he refuse or neglect to present himself to a Magistrate within a week after such choice to be sworn, shall be fined in like manner; and so as oft as any shall refuse.

2. And because a Constables place, as it is a place of trust is also Burthensome:

None to be compelled to serve again in seven yearsIt is therefore Ordered, That if any man have born the office of Constable, he shall not be compelled to Serve in the same Office in this Colony in seven years after.

3. That if any Constable within this Colony have occasion to go out of the Township wherein he is Constable, for some time, he shall depute some meet person in his room, o [...] in cas [...] [...]e be any way disabled to perform his Office,Liberty to make his Deputy. or otherwise desi [...]e to make a Deputy, he shall have liberty so to do by agreement with him, and impowring him under his hand; which Deputy shall execute the Constables Office as the Constable might do; Provided alwayes, that a Constables Deputy, if required by Authority, in matters Criminal, or Summoned by the party in matters civil, shall give his Oath to any Return he makes to any Warrant, Distress, Summons or Attachment; the Constable to respond his Deputies defaults or non-performance of the Constables Office.

Constables to collect all rates levy Fines, serve Attachments, Sumons & Executions, warn Town-meetings pursue hue & cries4. That the gathering of Countrey Rates, County Rates, Town Rates, Ministers Rates; and also the Levying of Fines in the respective Towns, the serving of Attachments, Summons and Executions, directed to him from any lawful Authority now established, and the Warning of Town meetings, shall belong to the Office of a Constable; and also to pursue Hue and Cries direct [...]d to them from any Authority here, and from any of our neighbour Colonies.

It is Ordered by the Court and the Authority thereof; That the Constable shall Whip or Punish any to be punished by Order of Authority, or procure another to do it; (Provided, an Indian or Negro shall not Whip an Englishman) where there is no other Officer appointed to do it, or in default, pay ten shillings, out of which shall another be Hired to do that Service.

Have a black Staff5. It is Ordered, &c. That every Constable shall have a black Staffe, (provided [Page] at the charge of the Town, Tipped with Brass, as a Badge of his Office, which as he hath opportunity shall take with him when he goeth to discharge any part of his Office; yet notwithstanding, the want of his Staff shall not hinder him from Executing his Office in any kind, if occasionally he be without it, nor exempt any from assisting him therein that may know him to be the Constable: but where he hath a Warrant in Writing, he shall not need to have his Constables Staff in executing the same.

6. It is further Ordered; That any and every person tendred to any Constable of this Jurisdiction, by any Constable or other Officer of our own, or belonging to any forreign Jurisdiction in this Countrey,onve [...] Offenders from Constable to Constable. 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 cause 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, in all Houses Licensed to Sell either Wine or Beer, or in any othe [...] suspected or disordered place;Ma [...]e Search 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 improved by any of the Magistrates for Apprehending of any person, he shall not do it without Warrant in Writing: & [...]f 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 they 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 n [...]glect 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, if belonging to the Countrey or County:On penalty. 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 Distress, then the Distraint shall be made upon the Estate of any Man or Men in the Town [...], and they upon Request to the County Court, shall have Order to have a Rate made on the Town for [Page] the Repayment of the same, with all meet Damages.

May Distrain without Warrant. Fees for distres8. 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 war 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 Dist [...]ess: 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-Bayliffs9. That all Constables shall have power of Water 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 nam [...] And that all Commissions, Warrants, Summons, Attachments, Sub-pence, 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 & power 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 [Page] 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, & [...] 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 summon 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 nonappearance or departure, without licence. or without leave depart, or disorderly absent him or themselves from the service thereof, before the Court be [...]nished, 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 And in regard that through Age, Inability of Body, or Urgency of occasions many of the Free-men cannot attend the Courts of Election:Free-mens liberty to send Votes by pro [...]y 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 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,Penalt [...] 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 Person, or by Proxy, And for non-Free-men voting, and Free mens putting in more [...] 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-men [...] 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.

It is therefore Enacted by this Court and the Authority thereof,And how to be qualified before admitted. 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 [Page] of Rel [...]g [...]n; and such as are Free holde [...]s, or have twenty p [...]unds Ratable Estate at the [...]ast in the Government, or such that are generally known & app [...]oved by the Court: & all Freemen to be approved of at Election Courts, and taken in at said Courts, or being approved by said Court, signed under the hand of the Secretary may be Sworn at any Court.

The like Qualifications are required in all such as are to be chosen to be Deputies,Like qualifications for Deputies and other places of trust. o [...] any other place of Trust.

6. And forasmuch as some corrupt Members may creep into the best and purest Societies;

cause of Disfranchising FreemenIf any Freeman of this Corporation shall be discovered to be notoriously vitious or scandalous, as common Liars, Drunkards, Swearers, Apostates from the Fundamentals of Relig [...]on, or the like; or doth manifestly appear to be disaffected to this Government,and by whom 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 from the p [...]viledges of a Freeman.

Towns annual choice of Depuputies.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 Deputies, with fail power to attend the Service of the General Court or Courts, and the Adjournments thereof, for the whole 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 to law then t [...] 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 pa [...] 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 Cou [...]t of Assistants. In like manner shall the President in any Inferiour Court.

commissioners the next in nomination to attend9. 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 attendance10 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 chosen11. That the Secretary be annually chosen by the General Court, and Sworn.

[Page]

Courts of Assistants or Magistrates▪

1. IT is Ordered and Enacted by this Court and the Authority thereof;Court of Assistance. That there shall be a Court, called the Court of Assistants or Magistrates, wherein all the Magistrates of this Jurisdiction shall Meet and Sit at Plimouth twice a year, namely, the first Tuesday in April, when & wher [...] 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 powe [...] 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 be present at least the Governour, or Deputy Governour, and four Assistants.

2. And that Justice be not deferred, nor the Countrey needles [...]y 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 alwayes 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 o [...] the Assistants,Courts or Admiralty 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 [Page] 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 Counties, 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, Causes and Complaints,Their power whither Civil or Criminal, in any Case not extending to Life, Limb or Banishment, or matter of Divorce.

2. It is Ordered, That Plimouth, Duxbury, Scituate, Marshfield, Bridgwater and Middlebrough, The County of Plimouth its Limits together with all such Places 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 Limits3. It is also Ordered; That Barnstable, Sandwich, Yarmouth and East [...]am the Villages of Sippi [...]an, 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 LimitsIt 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 Recorded in the County where they ly and held sufficient4. It is Ordered, &c. That all Deeds, Ba [...]gains, 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 Recorded; 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 Wills5. 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 County6. 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 Constableri [...]k, 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, [Page] 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 Right it doth or may belong.

8. It is Ordered,Town Clerks to return to the County Courts the names of Constables Jury men &c. chosen 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.

9. It is Ordered, That the Clerk of the County Court shall be the Recorder of the County,Clerk of the County to be the Recorders 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,Their work & Power. and to sign and give out Executions for any Judgment obtained in any of the County Courts, 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.

12. It is Ordered,In what Case two Magistrats may grant Administration & probate of Wills out of Court. 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 Cou [...]t 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.

13. That a Magistrate,who may determine matters of equity as cannot be relieved by the common Law, or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cognizance as cannot 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 m [...]n in such town to make such Rates as aforesaid.

15. Ordered, That in all Criminal Cases, or Misdemeanors, besides their Fines or Punishment, Persons Convict,Criminals convict to pay cost of prosecution shall [...]ay 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 [Page] 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,Courts of Select men, their constitution & power. who shall be presented to the General Court at June to be approved, 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 [Page] 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 each other, and the case such as they lawfully may,How if they be or will be Married then but ten pounds both: And if any commit carnal Copulation after lawful Contract before Marriage, they shall be Amerced, each of them fifty shillings to the County, and be imprisoned, if the Court see reason:If after Contract By lawful Contract is intended Mutuall consent of Parents, Guardians, or overseers; and a solemn Promise of Marriage made to each other by the Parties before Competent Witnesses; and if they cannot, or will not pay their fine,Lawful Contracts what. then to be punished by whipping: The Court for the more discountenancing the prevailing Evil; Have further Ordered, That such as Transgress in any of these wayes, shall be Convict in open Court, and their Fines to be paid in Mony.

3. It is Ordered by this Court, and the Authority thereof, That if any Person shall commit Burglary by breaking up any Dwelling House or Ware-House in the Night, or on the Lord's Day,Burglary and Robery how or that shall forcibly Rob any Person in the Field o [...] High-way,The first, the second offence such Offenders shall for the first Offence stand on the Gallows an hour, and be Burnt on the Hand with the Letter B And for the second Offence shall be put to Death.

4. That if any Stranger, or Inhabitant of this Government shall be Legally Convict of Stealing or Purloining any Horses, Chattles, Mony or other Goods of any kind,stealin [...] or pu [...] loyning▪ he shall be punished by paying three fold to the party wronged; and a Fine to the County, not exceeding the value Stole, or Corporal Punishment as the Court shall determine;The first and for the second Offence of the like [...]nd, to make like satisfaction to the Party wronged,Second and be Branded in the Hand with the Letter R. And if the Delinquents have not wherewith to satisfie the Law,Third offence. they shall be Sold for time to make Satisfaction; and if the Fact be committed on a Sabbath day, the Brand to be on the Forehead: and for the third Offence of like kind to be put to Death, or Sold out of the Country, as the Court shall see cause.prophane swe [...] ring

5. It is Enacted by the Court, &c. That whosoever shall prophanely swear or curse by the Name of God, or any of his Attributes, Words or Works, he or they shall be set in the stocks, not exceeding three hours,The first or pay five shillings fine to the County, or be imprisoned according to the quality of the Person; and for a second Offence, to pay ten shillings to the County,second offence &c. or be whipt, and so from time to time as often as afterwards found Transgressing in this kind.

6. Forasmuch as the open Contempt of Gods Word, and the Messinger thereof is the desolating sin of Civil State and Churches:

It is Enacted, That if any Christian, so called,Vilifying the the Scripture or Holy Pen-men thereof. in this Government shal speak contemptuously of the Holy Scripture, or the Holy Pen-men thereof, such Person or Persons shall be punisht by fine, not exceeding five pounds, or Corporal punishment by whipping,Or the Word of God preached, Or the Ministers thereof. Or the wayes. Churches or Ordinances of Christ And if any shall behave themselves Contemptuously towards the Word of God Preached, or any Minister thereof, called, and faithfully dispencing the same in any Congregation, either by manifest interrupting him in his Ministerial Dispensations, or falsely, peremptorily charging him with Teaching Errors, to the disparagement and hinderance of the Work of Christ in his hand, or manifestly and contemptuously reproach the Wayes, Churches or Ordinances of Christ, being duely Convict thereof, he or they for the first Transg [...]ession be Amerced twenty shillings fine to the County, or be set in the Sto [...], not exceeding four hours▪ But if he or [Page] they go on to transgress in the same kind; then to be Amerced forty shillings, or be whipt for every such Transgression.

7. It is Ordered, &c. That where a Judgment is given in any Court, for any Person, of House or Lands, upon the Tryal of the Title thereof, or other Just cause; if the Person against whom the Judgment is given, doth either forcibly detain Possession thereof, either against the Officer impowred to serve an Execution thereon,Forceable detainer. or after Execution served, enter upon it again, and so return Possession by force, he shall be accounted an high Offender against the Law, and breaker of the publick Peace. Therefore speedily to redress such a Criminal Offence, every Magistrate is impowred, and by his Place hath power to give Warrant and Command to the Marshal, Officer, and other men whom he thinks meet to be imployed in the business;Entry and possession. the Marshal or other Officer also requiring aid, greater or lesser as need requires, to suppress the force and give Possession to the Owner; and to imprison such as do appear to be Delinquents and their Aiders, and Abettors to be forthcoming at the next Court that did give the Judgment in the Case, there to make their answer; and whom the Court doth find guilty, to set such fine or other punishment upon them as the merit of their several Cases doth require.

Disturbance of the Peace.8. It is Ordered, &c. That whosoever shall disturb or undermine the Peace of this Jurisdiction, or Inhabitants thereof, by plotting with others, or by his own Tumultuous and offensive carriage, Traducing Quarreling, Challenging or Assaulting, or any other way tending to publick Disturbance in what Place soever it be done; or shall Defame any Court of Justice, or any of the Magistrates,Defamation of Court or Judge. or Judges of any Court in this Jurisdiction, in Respect of any Act or Sentance therein Passed; Every such Offender, upon due proof made, shall be by the County Court punished by fine, imprisonment, binding to the Peace or good behaviour, according to the quality and measure of the Offence, or Disturbance to them seeming just and equal.

And that such as Beat, Hurt or Strike any other Person, shall be liable to pay unto the Party hurt or stricken, and such Fine to the County, as on consideration of the party smit, and with what Instrument, Danger more or less, [...]eating or hurting any Person. time, place, provocation, &c, as shall be judged just and reasonable to the merit of the Offence by them that have the proper cognizance of the same.

9. It is Ordered, &c. That if any person shall Forge any Deed or Conveyance, Testament, Bond, Bill, Release, Acquittance, Letter of Attorney, or any Writing to pervert Equity and Justice,Forging of Deeds Testaments, Bonds, Bills, &c. he shall pay the party grieved, double Damages, and be fined himself so much to the Countries use: and if he cannot pay it, to be publickly Whipt and Burned in the Face with a Roman F.

10. Be it also Enacted; That if any Notary, or Keeper of publick Records, or Writings of concernment, committed to his Keeping and Trust; shall wilfully imbezle or make away any such Records or Writings, or shall on purpose Falsifie or Deface them by Rasing out,Falsifying of Records. adding to them, or otherwise: such corrupt Officer shall lose his Office, be Disfranchised, and be Burned in the Face, or fined according to the circumstances of the Fact.

And if any person shall endeavour to corrupt any Officer that keepeth such publick Records or Papers of Concernment;Or corrupting of any Office to such evil intent. to procure him to Deface▪ Corrupt, Alter or Imbezle any of them, he shall be severely punished, by Fine, Imprisonment, or corporal Punishment, as the matter may be circumstanced.

[Page]11. It is Enacted by this Court, &c. That what person soever, being sixteen years of age, shall wittingly or willingly make or publish any Lye; which may be tending to the damage or hurt of any particular person;Pernitious lying. or with intent to deceive and abuse the People with false News or Reports, shall be fined for every such default, five shillings: and if the party cannot, or will not pay the Fine, then he shall sit in the Stocks, not exceeding two hours: But in case the Lye is greatly pernitious to the Publick Weal, it shall be more severely punished, according to the nature of it.

12. It is Enacted by this Court, &c. That if any person shall wilfully, and of set purpose Burn any Man's Fence,Wilful burning of fences. he shall make good the Damage to the party wronged; be Amerced forty shillings, and be bound to the good Behaviour, if the Court see Reason.

13. And it is further Ordered; That any person that shall wilfully and on purpose, break down another Man's Fence, Gate or Bridge;Wilful breaking down of Fence, gate or Bridge Or [...] gates or bars. or leave open any Gate or Barrs, to the annoyance or prejudice, either of a particular person or a Neighbour-hood; he shall make up such Fence, Gate or Bridge at his own charge, and pay the Damage thereby sustained, and be Amerced according to the nature of the Offence: And for leaving open any Gate or Barrs, to pay ten shillings, half to the party complaining and proving, and half to the County; saving the Right of him that openly pulls up a Fence set on his own Land without his Approbation: Any one Assistant to Hear and Determine any such Matter.

14. And whosoever shall wilfully pluck up, remove or deface any antient Land-mark or Bounds formerly agreed on between Towns or particular persons, or that of right belonging to any Town or particular person;Removing & defacing Land Marks. he or they shall be fined from twenty shillings to five pounds, as the Offence may be circumstanced: And any person that shall at any time pull down or deface any Bound-mark, under any pretence, and not do it publickly or before Witness, he shall be liable to the penalty as above expressed.

15. It is Enacted by this Court, &c. That no person in this Government shall play at Cards, Dice, or any such unlawful Game,Playing at Cards, or any unlawful Games wherein there is any Lottery, at any private house or elsewhere in this Government, on penalty of ten shillings fine, to be paid by every one that so playes, and twenty shillings by the Master or Head of a Family that shall know of, and suffer such Gaming in his House, or where he hath command.

16. It is Enacted by this Court, &c. That no Person shall Disguise themselves by strange Aparrel,Disguise in apparrel, Lascivious ends or Aparrel not proper for their Sect to Lascivious and evil Ends and purposes, on penalty of being Fined fifty shillings to the County for every such Default, or being publickly whipt, or bound to their good behaviour, as the Court shall see cause.

17. Forasmuch as the Sin of Drunkenness doth greatly abound to the dishonour of God, impoverishing such as fall into it, and to the grief of such as are sober minded; for prevention, and if it may be for suppression of that growing and prevailing Evil.

It is Enacted by this Court and the Authority thereof, That whatsoever Person shall be found Drunk at any time in any Tavern, Ordinary,Penalty of Drunkenness. Ale-house [Page] or elsewhere in this Government,Penalty of Drunk [...]nness. The first Second. Third Offence or be Legally Convict thereof he or they for the first Offence shall be fined five shillings, or sit in the stocks an hour; for the second default to pay ten shilling, or sit in the Stocks two hours or be whipt; for a third Transgression to pay twenty shillings fine, or be publickly whipt; for a fourth Offence in this kind to pay twenty shillings fine, or be whipt,Drunkenness Defined and to be bound to their good behaviour, standing committed till thy have found Security for the same. By Drunkenness is to be understood, one that Lisps or falters in his speech by reason of overmuch Drink, or that staggers in his going, or that vomits by reason of excessive drinking, or that cannot by reason thereof follow his Calling.

Penalty of common drunkadrs18. Ordered, That the names of such as are found to be common Drunkards in this Government, shall be set up in some publick place in the Town, and they shall be accounted such, when they have been Convicted four times for the same; and after they have been so publickly declared, whosoever, Ordinary-keeper, or other shall sell, give or lend, Directly, or Indirectly any strong Liquors, [...] of such as furnish them [...] Wine, Ale, Sider or strong Beer, unto any such person or persons, shall forfeit ten shillings, half to the County, and the other half to the informer.

19. Whereas many have sustained great Damage by indiscreet and untimely fireing of the Woods;

It is Ordered, &c. That none shall fire the Woods at any time, but they shall give warning thereof to their Neighbours about them;Indiscreet Firing the woods and the time of firing them to be between the fifteenth of February, and the last of April: And if any shall unnecessarily fire the Woods, or not observing this Order, damnifying any, he shall make good the damage, and be fined ten shillings, or be set in the Stocks. But if any Town think it not their Interest to fire the Woods, they may prohibit the same under the penalty of forty shillings.

Penalty of working or playing on publick dayes of Humiliation or Thanksgiving▪ or running Races with Horses in Streets.20. It is Enacted that none shall presume to Labour work, sport or play, or attend the same on dayes appointed by the Court for publick Humiliation or Thanksgiving; and that each person so offending shall pay five shillings fine to the County.

21. It is Enacted, That whatsoever Person shall run a Race with any Horse-kind in the street or common Road, shall forfeit five shillings, or sit in the Stocks an hour.

22. Whereas divers unruly Persons, Servants and others in several places of this Colony meet together to walk about in the Night to Drink, Revel or Pilfer; the same tending to the corrupting and debauching of the Youth; and many offend and prejudice the peaceable Inhabitants of the several Towns; for prevention whereof.

of night-walkers.It is Ordered by this Court and the Authority thereof, that all Person▪ walking in the Fields or Streets after nine or ten a clock at Night, unless known peaceable and orderly Inhabitants, shall be liable to be examined by the Select men, Constable or Watch of the Town; or if complained on by any other Person of the Town, and if they cannot give a satisfactory reason for their so doing, he or they shall be had before some Magistrate, or other Person Authorized, who upon the hearing of the Case, it appear they have been Rude, or unseasonably Drinking, Revelling, Gaming, Sporting, or any wayes disturbing; or if it be Servants or Children, and it be without their Parents or Masters leave, they shall for the first Offence be Admonished, or pay five shillings to the County, or sit in the Stocks an hour: and if Transgress a second time, to pay ten shiliings, or be whipt with ten Lashes; and so from time to time as often as they Transgress.

[Page]23. Ordered, &c. If any person Summoned to Answer any Presentment, or for any Fault or Misdemeanour, do not appear at the time appointed,of non-appearance on Summons to answ▪ any presentment, &c. [...]e or they shall be proceeded against for Contempt; except it appear that they have been prevented by the hand of God.

24. It is further Ordered; That in case of any Misdemeanour, that by Law there is not particular provision made for, or that the penalty is not limited or expressed; the person being convict thereof, shall be liable to be punished by the Magistrate or other person Authorized, before whom the Complaint is made, by Fine, according to his discretion;Of misdemenors where no particular Law or Penalty limited. not for one offence exceeding ten shillings, or sitting in the Stocks, not exceeding two hours: And if such offence by him or them that have the cognizance thereof, shall be thought to deserve a greater Fine or Punishment; then the party complained of shall be Bound over to Answer the same at the next County Court, and be Bound with Surety or Sureties for his or their appearance to Answer the same, and for their good Behaviour in the mean time; and shall be liable (being convict) to such reasonable Fine or Punishment as the County Court shall see meet, according to Crime and Circumstances thereof, not exceeding the Fine of five pounds for one offence, or punishment by Whipping.

CHAP VIII.

Deaths Untimely.

IT is Ordered by the Court and the Authority thereof; That whensoever any Person shall come to an untimely or unnatural Death,Death [...] to have [...] before burial where no Magistrate is near, the Constable of the Town shall forthwith Summons a Jury of twelve discreet men, to enquire of the cause and manner of his Death; who shall present a true Verdict thereof to some of the Assistants, or to the County Court, upon Oath; and all persons are required to give notice of such untimely Death unto a Magistrate, if any near, or otherwise to the Constable: neither shall any such person be buried before a Jury of Coroners Inquest have enquired into the cause of the said Death. And if any shall presume to bury any such person before Information given, and enquiry made as before, they shall pay five pounds fine to the County, and be rendred as suspitious of being principals or accessaries in the Death of such person.

Also Ordered, That the return of said Jury shall be Recorded amongst the Records of the County Court, and the charge to be paid out of the Estate of the person, if any be.

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Dower.

THat there may be competent Provision made for the certain Maintenance of Wives, after the Discease of their Husbands, who died Intestate;

wives to enjoy a third part of their deceased husbands land [...]It is Ordered and Enacted by this Court and the Authority thereof; That [...]ery Married Woman, who hath not demerited the contrary by her wilful Absence or Departure from her Husband, or other notorious Fact, without reconciliation to him in his life time; or hath not by former Contract, with her consent been Estated into some House, Lands or Tenements for term of her life, shall immediately after the death of her Husband, according to the common Law of England, for the sustenance of her self, the nurture and education of her Children, have Right and Interest by way of Dower, in, and to one third part of all such Houses and Lands as her Husband was at any time seized of, during the coverture, other then what Lands shee freely resigned up her Interest in,to be set out to them by mets and bounds, but shall not make strip or wast, &c. and acknowledged the same before a Magistrate; To Have and to Hold unto the said Wife in severalty, by Meets and Bounds, for, and during only the term of her life, whether she had issue by her Husband or no; said third part to be set out to her by persons appointed thereunto by the County Court if the persons concerned agree not: Provided alwayes, such Widow endowed as abovesaid, shall not commit or suffer any strip or wast,Debts paid, one third part her personal estate but shall maintain all such Houses, Fences and Inclosures, as shall be assigned to her for her Dower; and shall leave the same in good and sufficient Reparation in all respects.

the other two thirds to be disposed among the Children, as per Law is providedIt is also Ordered, &c. That all just Debts being first paid, the Widow shall have one third part of her late Husbands personal Estate to be at her own absolute dispose, and the other two thirds to be disposed amongst the Children as the Law is provided. And where there are no Children left of the Deceased Intestate Husband, there the [...] shall have the one half of the personal Estate, unless the Court see just reason and cause to order it otherwise.

Duers

no conveyance good obtained by illegal violen [...].IT is Enacted by this Court▪ That no Conveyance, Deeds or Promise shall be valid, which hath been gotten by illegal Violence, Imprisonment, Threats, or forceable Compulsions.

CHAP. IX.

Faires

Two Fairs Annually at BristolIT is Ordered; that there may be two Faires Annually kept at Bristol, one on the third Wednesday and Thursday in May, and the other the third Wednesday and Thursday in November.

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Fences

1. ORdered, That all Fences be four foot high, or be otherwayes sufficient in the Judgment of the Fence viewers; or for defect, such Person to bear his own Damage, unless the Damage be done by Hogs unyoaked;Fences how sufficient or bear the damma [...] ▪ In common Fields. How & when to be repaired. On penalty. and if the Fence in common Fields be not by said viewer judged sufficient, the P [...]ty that of right ought to maintain the same, having notice from said viewers, shall make such Fence sufficient in such time as said viewers shall Order; which time being expired, and said Fence be not repaired according to Order, such persons neglecting shall pay ten shillings fine to the viewers, who shall forthwith imploy some meet person or persons to make or repair such Fence: and if the person to whom such Fence belongs shall neglect, or refuse to pay for the doing thereof, or for non-payment of his fine, for not timely doing it himself, the same being signified by the viewers to a Magistrate under their hands, there shall be a Warrant directed to the Constable to destrain for the same according to Law.

2. Ordered, That there be two viewers of Fences or more to be chosen in every Town Annually who are to be upon Oath.Fence viewers to be chose & sworn.

3. For the settling and maintaining of Right amongst Neighbours about Fences.

Ordered by this Court and the Authority thereof, That all such Persons as do or shall make improvement of their Lands, by Tilling,Improvers of Lands to make and maintain half the fence. Mowing or Grazing, which do or may ly and be adjacent to the Lands of any other who make improvement of their Lands as aforesaid, The one Propriator or improver shall make and maintain one half of the Fence, and the other the other half of the Fence in the Line or Range between the said Lands.

And where one Person shall improve his Land before his Neighbours, and make the Fence himself;How where the first improver Fence the whole. How where one ceaseth to improve. if afterwards his said Neighbour shall improve his said Land also, he shall pay his Neighbour for half the Fence against his Land, according to the present value of it, and shall maintain the same; and if any such shall cease to improve his Land, as aforesaid, then any Person that hath joyned Fence, shall have liberty to purchase his part of the Fence that ceaseth to improve, paying him according to present value by Appizement of indifferent Persons.

And when any Persons shall make improvement of their Lands, lying together as aforesaid, and one of them shall refuse or neglect to make or maintain one half of the Fence between them as aforesaid,What remedy when one of the improvers refuseth to sence his part. that then his Neighbour may make all the Fence in the Line or Range between their Lands, and cause the same to be viewed by Persons chosen by both Parties; or if one Party shall refuse, then to be chosen by him that shall make the Fence or maintain it: & the other Party refusing or neglecting to make & maintain half the said Fence, shal pay to such as make it or maintain it, the full value of one half of the Cost and Charges, in making and maintaining the same from time to time, to be recovered by due course of Law,In what Case no remedy in any Court proper for the same. This Law not to be binding to such as have their Land ly together in a common Field; but in such Cases, if any Person do Fence in his Land intirely, he shall do it of his own charge.

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Fines.

ORdered, That when any Delinquent is fined by any Court, Magistrate or other Person Authorized,Fines be forthwith paid or secured he shall forthwith pay his Fine, or give sufficient Security for the payment of the same, or their persons secured unt [...]l they do.

what to be paid in moneyAnd that all Fines not exceeding ten shillings shall be paid in Money; as also all Fines arising for selling any Liquors, Wines, Syder, &c. to the Indians, or any contrary to Law.

2. It is Ordered by this Court and the Authority thereof; That all Fines, Issues, Amercements, Forfeitures, Escheats and Royalties belonging to the Countrey,All Fines, Issues &c. belonging to the Country be returned to Court of Assistance before whom they fall to be Entred for, the Treasurer notice thereof be sent in by them before whom they may fall, to the Court of Assistants; which together with such other as shall arise before themselves, they shall cause to be truly Entred by the Clerk or Recorder of said Court, that the Countrey Treasurer may take notice thereof and be charged therewith. And that all Fines or Amercements which may happen to be made or had before any Court, Magistrate, or other person or persons Authorized thereunto, shall by such Court, Magistrate or other person, be truely given in, and caused to be Entred by the Clerk of such County Court unto which they belong; that the Treasurer of such County may take notice thereof, to gather, receive and dispose thereof according to the Order of their respective County Courts. And that all Fines and Amercemenes aforesaid, shall belong to the County wherein they shall fall and arise, except where the Law hath otherwise provided.

Belong to the County where they fall, except where the the Law otherwise provides.And it is further Ordered, That all such Fines as fall before a Magistrate, Select man, or other Persons Authorized, not exceeding ten shillings for one Fact, shall be for the Poor of the Town, or other Towns use where the person is Convict; to be disposed by the Select-Men, where the Law hath not otherwise provided.

Fishing

WHereas by Providence Whales and other great Fish are found a Drift upon the Stream, and sometimes cast ashoar in this Jurisdiction;

1. It is Ordered; That all such Whales as are cast up within the Bounds of any particular Township,Whales to whom they belong & how or floating upon the Stream, within a Mile of the Shoar against the said Bounds of any Township, shall be accounted the respective Towns, falling within or against their Bounds as aforesaid; Allowing one full Barrel of Merchantable Oyl to the Countrey for every such Whale as they are ordinarily cast up: and but half a Barrel if it be much wasted or torn away; to be delivered to the Treasurers Order at Boston.

And whosoever shall find any Whale ashoar, on the Cape or elsewhere, that is out of any Town Bounds, and is on the Countreys Bounds or Limits, shall allow the Countrey two Hogsheads of Oyl.

Taking Mackril at unseasonable times2. Whereas there hath been great Inconvenience, a [...] is conceived, by taking of Mackerel at unseasonable times, whereby their Increase is greatly diminished;

[Page]This Court doth therefore Order; That henceforth no Mackerel shall be caught, except for Spending whilest fresh,The time The penalty before the first of July annually, on penalty of loss of the same, or the value thereof; the one half to the Informer, and the other half to the use of the Colony.

This Court taking into their serious consideration the great Damage that this Colony and our Neighbours is likely to sustain by the catching of Mackerel with Nets and Sanes at Cape Cod, or elsewhere near any Shoar in this Colony, to the great destruction of Fish, and to the discouragement of divers Fishermen, as is alledged;

The Court doth therefore Enact, and be it hereby Enacted by the Authority thereof; That no person or persons whatsoever, after the Publication hereof, shall catch or draw on shoar any Mackerel with Net or Nets,None to draw ashore Mackrel with Nets. Sane or Sanes in any part of this Colony: And if any person or persons hereafter, shall presume to catch any Mackerel by setting or shooting any Net or Sane, such person so offending as aforesaid, shall forfeit for his or their said offence all such Nets or Sanes as shall be improved; and all such Mackerel as shall be caught by him or them: and shall also forfeit every such Vessel, and all such Vessels or Boats as shall be imployed therein, whether Ketch, Sloop or Boat, as shall be imployed in taking or carrying away any such Fish, if at any time the person so offending, be taken within this Government, or the value thereof; one moiety to the Colony, and the other moiety to the Informer that shall prosecu [...]e the same: And for the better Execution of the said Law, Power shall be given by some one or more of the Magistrates, by Warrant to some fit man to act as a Water Bayliff, to make seizure of all such Forfeitures as aforesaid. This Act to stand till the Court on some Trial thereof shall see cause otherwise to Order.

CHAP. X.

High-Wayes.

1. ORdered by this Court and the Authority thereof; That where Countrey Roads be wanting through any Township of this Government, or where there are Wayes laid out, and returned to be Recorded,High-ways in case to be laid out by indifferent men chose by the County Court that are not to the satisfaction of the County Court, or where the two next Towns cannot agree about the same; or where any Town or particular person complain to the County Court, and have a pretence of great damage thereby: in such case the County Court shall appoint a Committee of indifferent men, or Jury, out of such Town and the neighbour Towns, who shall be upon Oath to view said Way, and approve or disapprove thereof; and lay out such Way in such places, and in such manner as may be most beneficial to the Publick, and least prejudicial to particular persons, and make return of their doings to the County Court, and the charge to be born as the County Court shall determine.

2. Ordered,Town High-ways betwee [...] Neighbourhood how to be laid out. That where there needs Town High-wayes from Neighbourhood to Neighbourhood, or for the necessity of particular persons, there shall be such wayes and passages laid out and ordered, as a Jury impannel'd [Page] and sworn by a Magistrate shall see cause, they attending the Law for their Rule, provided that if any Town-way between Neighbourhood and Neighbourhood be laid out through any mans Land, they shall have meet satisfaction: But if the Parties cannot agree, the same to be determined by the County Court.

3. That common High-wayes, or County Roads be forty foot wide or more in low,Country roads to be forty foot wide. wet, and durty ground.

4. Ordered, That the Surveiors of High-wayes shall give three dayes warning to all persons concerned for themselves,Surveiors of High-ways to give three days warning. or their Teams, when they are to work at the High-wayes as often as need shall require; not exceeding six dayes in a year; and every person, orderly warned, that neglects to appear or send a sufficient hand in his room, shall pay two shillings, six pence per day, each day they neglect; and each day for a Team five shillings for the Towns use, to be levyed by Distress on the Goods of such as are Delinquents, by a Warrant to the Constable from any of the Magistrates, or Selectmen, where there is no Magistrate near;Penalty for non appearance. to whom the Names of such Delinquents shall be returned by any of the Surveiors; all allowed Inhabitants and persons Rateable to be warned, and such Housholders that have not Teams, and several in their Family capable to work though not Rateable,How to work at High-ways. such by approbation of the Selectmen may be warned to send two.

Ordered, That the Surveior, if he see cause, shall hire either Man or Team, as occasion requires for the said work, and to be paid out of the fines aforesaid;None to be warned to work twice till all have gone over once and that the Surveiors warn not any Man or Team twice to work on the High-wayes before they have first gone over all the Persons and Teams in the Town, as aforesaid; and that each Surveior give an account thereof to the Surveior which shall succeed him for the next Year, who shall begin to warn where the other left off.

Penalty of Surveyors neglect5. Ordered, That every Surveior that neglects his duty in repairing the High-wayes, shall forfeit five pounds to the Counties use.

Those warned when to appear and what time to work.6. Ordered, That those warned to work on the High-wayes, as aforesaid, shall appear at the place appointed, according to the Surveiors order, with their Carts and themselves, fitted with Tools and Instruments suitable to the work, by the hour of nine in the Morning, and work till four at Evening, allowing the space of one hour at Noon for refreshment.

7. Ordered, That the Surveiors do at the end of their Year give an account of their actings,Surveiors to give an account to the Select men. and what Monies of the Towns may be in their hands unto the Selectmen of the Respective Towns, or such other as the Town shall appoint for that Affair, or be liable to a suit to be prosecuted against them by the Selectmen on the Towns Account.

8. The Court taking into Consideration the Inconvenience likely to ensue,Country-high wayes to be [...]id out by a Jury. by Persons Erecting Fences, Gates or Bars athwart County High-wayes to the Anoyance of Travellers; Do therefore Enact, and be it hereby Enacted, That all necessary County High-wayes within this Colony, shall between this time and the next October Court be laid out by a Jury, where it is not already so done,and an account thereof with the bounds presented to the Town Clerk [...]n penalty. at the charge of the Respective Towns, through whose Lands or Townships such wayes may lead; and that Account thereof, with the several bounds of each such way in every of the said Towns, shall be presented or brought to the Clerk of that Town, on penalty of five pounds, to [Page] be forfeited and paid by that Town that shall neglect the performance thereof.

And that the Clerk send a true Coppy of such Accounts to the publick Secretary, who shall forthwith commit such Copies to publick Record;And he to send a copy thereof to the Secretary to be Recorded. to the end that such wayes may be certainly known▪ and that after said October Court, if any person or persons shall presume to see any Fence, Bars or Gates on thwart any such High-wayes without the consent of the General Co [...], he or they shall for every such Offence f [...]rfeit to the use of the Colony the sum of five pounds.

And that after said Court,And the Surveiors to remove such N [...] sances. any such Obstruction shall be made or maintained in or upon any such way without leave, as aforesaid, it shall be the care and duty of the Surveiors of wayes in each Town to remove all such Obstructions and to demolish such publick Nusances.

Horses.

1. WHereas many Questions and sometimes [...]roublesome Suits and Contests grow between Persons about Horses running together in the Woods unmarked; Horses to be Branded.

It is Ordered; that each Plantation within this Government have a particular Brand-mark to distinguish the Horses of one Plantation from another; which Mark shall be Recorded in the Countrey Records,Mark [...]. besides which every Owner shall Mark every of his Horses, Mares or Colts with some distinguishing Mark, and that before Witness,Entered. whereby one Man's Horse-kind may be known from another;Fees for entry and that in each Plantation there be an Officer appointed, either the Town Clerk or some other fit person, to Record each particular mans Horse-kind, with the Marks, natural or artificial, with the colour and age thereof as near as may be known; with the year, and day of the Moneth, and to require a satisfying Evidence of his Right who presents any such Horse-kind to be Recorded, as may be had; and to Record any defect of due Evidence, that a way may be open to other Claims: and such Officer to have six pence for every Horse-kind so Recorded of the Owner thereof; and that no person take up any Horse-kind running in the Woods,Not to be carried away without a ticket. to carry out of the Township where they go, unless they are the known Owners thereof, without first bringing them to the Officer aforesaid, to be Recorded, and to receive a Note from under his hand of the Marks, with the Date thereof on pain of forty shillings to the Counties use,On penalty▪ paying like Fees to the Officer as aforesaid.

2. If any Man shall take up any stray Horse, Mare or Horse-kind, he shall within one Month give notice of it, with the Age as near as he can, with the Colour and Marks,Strayes to be cryed. that so the County Treasurer may cause them to be cryed at two County Courts next following; and if any Owner be found paying all due Charges for his taking up and keeping, he shall have his Horse or Beast. But if after he hath been so publickly cryed, no Owner appear in a Year after he was first cryed, such Horse,No Owner appearing how disposed. Mare or other Beast shall be one half to the County, and the other half to him that took them up, the County bearing their proportion of Charge; which if they refuse [...] neglect, then the whole to him that took him up.

It is Ordered, That whosoever taketh up any such stray Horse, Mare, &c. shall keep them and not wrong them by Drawing,And use [...] ▪ Riding or otherwise whilst he is upon such enquiry as abovesaid; and that during the time, he shall [Page] alwayes keep a Wyth about the Neck of the stray, by which it may be commonly known.

3. It is Ordered by the Court; That none shall suffer to go at large to feed in any Commons within this Government, any Stoned Horse, being above two years old,Stature of [...] Horses to go at large on pain and not thirteen hands high at least, from the upper part of the Wither to the lower part of the Hoof; every hand containing four Inches Standard Measure, in pain to forfeit the said Horse, or the value thereof; the one half to the County, and the other half to him or them which shall seize such Horse of lower stature: so that first by the Assistance of the Constable or Select Men of any Township, where such seizure is made, or seizure dwelleth; such Horse being by the seizor first brought to the Pound, shall there by such Officer, in the presence of three sufficient men be measured and found lower than the Stature above mentioned.

4. It is Ordered, That if Horses be so wild that they cannot without great difficulty be Impounded,horses impounded or not, to pay damage done the Owner shall nevertheless satisfie the Damage proved to be done by them as if Impounded: and if the Horse-kind that so trespasseth be not Marked according to Order, the Owner for such shall pay double Damage.

5. And whereas there hath been great Complaint of much Damage done by Horse-kind, and that many of them are belonging to persons of other Colonies; either hither brought or known to the Owners thereof to be Strayed into this Colony; Forreigners horses how to be dealt with and here let Run with their Increase year after year, to the great damage and annoyance both of English and Indians:

It is therefore Ordered; That such Horse-kind (other then accidentally Strayed without the knowledg of the Owner) shall be taken out of this Colony by the last of December next, Anno 1671 in pain of the forfeiture of every Horse kind, the one half▪ to the County, and the other half to him or them that shall take every such Horse kind found within this Colony after the said time, other than such Strayes, as aforesaid, which shall be dealt with as by Order in that case provided.

CHAP XI.

Inn-keepers.

1. FOrasmuch as there is necessary use of Houses of common Entertainment, and of such as Retail Wine, Beer and Victuals; yet because ther [...] is so much abuse of that lawful liberty, both by persons that Entertain, and by such as are Entertained;

It is Ordered by this Court, &c. That none shall keep a Victualling House or Ordinary,None to keep Ordinaries or Retail Wine, &c. without licence on penalty or shall Retail Wine, Beer, Ale, Syder, or Strong Liquors, &c. but such as are Licensed thereunto by the County Court, and approved of by the Town where they live, on penalty of five pounds forfeiture to the Counties use, except it be for relief of some sick Person, and the Ord [...]nary keeper hath none▪

[Page]2. And that whosoever is Licensed to keep such Publick House of Entertainment,ordinarie show to be provided shall be well provided of Bedding to entertain Strangers and Travellers; and shall also have convenient Pasturing for Horses, and Hay, and Provender for their Entertainment in the Winter, and shall not be without good Beer▪ And if any O [...]dinary-keeper do frequently fail in any or all of these, upon Complaint, he shall lose his License.

3. It is further Ordered; That no Inn-keeper on Ordinary in this Government shall sell Beer for more than two pence the Ale quart, upon penalty of three shillings and four pence for every such Offence; nor shall any Vintner or Taverner gain more than eight pence upon the quart in any Wine or strong Liquor that they Retail more than it cost them by the Butt or Cask as they bought,Fines for Beer Ale or Wine. on penalty of twenty shillings forfeiture for every Offence duly proved: neither shall any Vintner or Ordinary-keeper suffer any Disorder by excessive Drinking in or at their Houses.

4. It is therefore Ordered; That he that suffers any person to drink Drunk or to Excess in his House, shall be fined for every such Offence,Penalty to suffer any to be drunk or drink to excess, or to stay Tipling in their houses duly proved five shillings: and he that suffers any Town-dweller, unless it be upon an extraordinary occasion, or publick Imployment, to stay Drinking in or about his House above the space of one hour, the Ordinary-keepers shall be fined two shillings and six pence, and the Inhabitant so offending one shilling.

5. And it is further Ordered; That no single person, Labourer or other,Who shall not be dieted in an Ordinary Nor have wine or liquor drawn to them on the Lords dayes. shall be Dieted in any Inn or Ordinary in the Town to wh [...]ch he belongeth, on the penalty of five shillings a week fine, to be paid by the Ordinary keeper: And that no Ordinary keeper suffer any Wine or Liquor to be drawn in his House on the Lords day to any, except in case of neces [...]ity, for the moderate relief of those that are sick or faint, for their necessity, refreshment, & not to young persons, or such as need it not, in pain of ten shillings; nor Beer, nor Syder but to Strangers, or such as live distant from the Meeting, (and to such) only for their necessary Refreshment, and that on penalty aforesaid.

6. And for the preventing of the great Abuse by the exceeding Drinking of Liquors and other Drink in O [...]dinaries, &c.

7. This Court Ordereth; That every Ordinary-keeper in this Government, shall be hereby Impowred and Required,The disorders & unruliness in Ordinaries to have their names returned to Court. that in case any person or persons do not attend O [...]der but carry themselves uncivily, by being importunately desi [...]ous of Drink▪ when denied; and do not leave the House when required; such O [...]dinary-keeper shall return their Names to the next County Court, that so they may be proceeded against, according to the nature of the Offence: and in case any Ordinary keeper shall neglect▪ so to do, he shall be fined five shillings for every such default.

8. It is Ordered by this Court, That two or three men besides the Constable and Grand Jury men, be appointed and impowered in each Town of this Jurisdiction, to have the inspection of the Ordinaries,Inspectors o [...] Ordinaries or in any other places suspected, to take notice of such abuses as may arise in reference to the Premises or otherwise, and make return thereof to the County Court.

9. That no Ordinary-keeper suffer any Servants or Children under the Government of their Masters or P [...]rents to buy or sit drinking any strong Liquors, or Wine, Beer, Ale or Syder in their houses, or where they have to [Page] do, without liberty from their Parents or Masters, except in case of necessity for their relief, in penalty of five shillings.

10. That no person or persons shall hereafter be Licenced to keep a House of common Entertainment for any longer than one year at a time; and that such as keep Houses of Entertainment, shall renew their Licence Anunally at the County Court,Ordinaris Licence to be annually recorded. and pay two shillings Fee to the Clerk of the Court for Recording their Grant or Renewal thereof; and give Bond with two Sureties for their keeping good Orders; and to respond all Breaches of Law that they may be convicted of.

11. That all Ordinary-keepers cause their Houses to be cleared of all Town dwellers and Strangers,When to have their houses cleared. unless Lodgers or Travillers, by nine a clock every night; and by twilight on Saturday night, and not suffered to be drinking in their Houses on Sabbath day night, on penalty of five shillings fine of every Person so Transgressing; and five shillings fine of the Ordinary-keeper for entertaining them.

And to whom they may not fell o [...] deliver Wine, &c.12. It is Ordered by the Court and the Authority thereof, That none shall presume to deliver any Wine, strong Liquors, or Syder to any person or persons who they may expect will abuse the same, or to any Boyes, Girles or single person, though pretending to come in the name of any sick person, without a note under the hand of some sober person in whose name they come, on pain of five shillings for every such Transgression, the one half to the County, and the other half to the Informer.

Indictments, Presentments, Complaints, &c.

Presentments & complaints to be made w [...]thin a year unless in case.1. IT is Ordered by this Courts, That no Person shall be Indicted, presented or Informed against to any Court or Magistrate within this Jurisdiction for the Breach of any Penal Law, or any other Misdemeanor, the forfeiture whereof belongs to the Country or County, unless the said Indictment or Information, &c. be made and Exhibited within one year, after the Offence is committed, unless the penalty thereof exceeds five pounds. This Law shall not extend to any Capital Offence, or any Crimes that may concern loss of Member or banishment: And in case of Fornication, Presentment may be any time within twelve Months after the Fact is publickly known; nor shall any Indictment, Presentment or Information hinder any person grieved for any wrong done to him, his Wife, Children▪ or Servants, or Estate Real or Personal, but that every such Person shall have such Remedies as formerly he he might or ought to have in Law.

Persons [...]ndicted of Capital Crimes, must not, withdraw but surrender themselves on penalty.Ordered, That if any Person shall be Indicted or Legally Charged with any Capital Crime (who is not then in durance) and shall withdraw or refuse to render his Person to some Magistrate or Officer in this Jurisdiction, within one Month after the Proclamation made publickly in the Town where he did formerly and usually abide, these being a full Month betwixt Proclamation and Proclamation, his Lands and Goods shall be Seized to the use of the Colony, and Ordered with due respect to his Family, as the Court of Magistrates shall Judge meet, till he make his lawful appearance; and such withdrawing himself, shall be and stand in stead of one witness to prove the Crime charged, unless he can make it appear to the Court that he was necessarily hindered.

[Page]

Indians.

1. IT is Ordered by this Court and Authority thereof; that no Indian which shall dwell or come into our Jurisdiction,Indians not to Pawwaw or perform any evil worship. shall presume at any time to Pawwaw or perform outward Worship to the Devil, or other false God, under the penalty of five pounds, or severe Corporal punishment, both of said Powwaw and of such other as shall procure or abett him therein.

2. And that no Indian shall resort to any English house on the Lords day, especially when any of the People thereof are gone to Meeting▪ Not to resort to English houses or Lords dayes. unless upon extraordinary occasion, under the penalty of ten shillings or Corporal punishment by Whipping, as the matter may be circumstanced; and that no Indian under the like penalty, prophane the Lords day, by Hunting, Fishing,Nor to prophane the Sabbath. Fowling, Travelling with Burthens, or doing any servile work thereon.

3. And forasmuch at sundry Burglaries, Thefts and other Mischiefs and Injuries have been by sundry Indians in the night; for prevention whereof;Nor to be night walke [...] ▪

It is Ordered by this Court, &c. That no Indian or Indians shall walk about in the Night without necessary occasion, especially at unseasonable Times thereof, under the pain of being Convicted thereby, at least as one Evidence of his or their being guilty of any such mischief or injuries as may happen to be done or committed in such Night, unless such Indian or Indians can rationally clea [...] themselves thereof.

4. Whereas complaint is made of Indians stealing of live Hoggs from the English, and selling them, and by cutting off their Ears have concealed the Swine,

It is therefore Ordered by this Court, That henceforth no Indians shall give any Ear-marks to their Hoggs or Swine,Nor give any Ear-marks to their Swine. Nor sell any with their ears out off dead or alive. on penalty of the forfeiture of all such Swine, one half to the County, and the other half to him that shall make seizure of them; neither shall any Indian bring any Swine to Sell alive, or dead with their Ears cut off, or Ears Marked on the same penalty as aforesaid, except he bring good Testimony that he honestly obtained such Swine, so marked of some English, or by some accident they were hunted with Doggs, or otherwise that they are really their own Swine.

And it is further Ordered, That no English shall claim any Swine in custody of the Indians but by their Ear-mark.

5. For the better Government of the Indians,Government of the Indians and to help them foreward in Civility and Christianity;

It is further Ordered, That some one of the Magistrates be appointed from time to time to have the General oversight and inspection of the whole affairs of their Government,Taking care of the preaching the Gospel to them. as by Law is or shall be Ordered concerning them; & more particularly to take care of the Preaching of the Gospel amongst them, and of the Admission and approving of such of the Indians to preach unto them in the several Places or Plantations where they Reside, as he shall Judge most blameless, able and fit for that service to the best satisfaction of the Indians, especially of the most sober and discreet amongst them,And of the admission of Indians Preachers and to take care to obtain, relieve and distribute amongst them in such manner as he [Page] shall see meet such Contributions or Part of the Indians Stock sent from England, And with the concurrance of the principal Indians to mak orders, & constitute Courts. Civil Rulers & other Officers to punish misdemeanors, &c or Profits thereof as shall be allowed to them for the same end, by the Gentlemen betrusted with the management of that Affair by the honourable Corporation, for the propagation of the Gospel in New-England.

And it is further Impowred, with the concurrance of the Chief or Principal Indians (where it may be had) in several Places▪ and Plantations, to make such Orders as may conduce to their more orderly living, and to constitute such Courts amongst them, or appoint such Civil Rulers and other Officers as to him shall seem meet for the execution of such Orders; and punishing all Misdemeanors by Fine or otherwise, which are or shall be committed by them (Capital Crimes only excepted) Provided alwayes, that the Indian grieved at any Sentance passed by them in the absence of such Magistrate,provided the grieved person shall have liberty of Appeal in any Civil or Criminal Case, shall have liberty to Appeal to the said Magistrate for his Determination thereof; and the Execution of said Sentance by the Indians to be mean wh [...]le suspended: and in case such Indian be not satisfied▪ with such determination, he shall have liberty to Appeal to the County Court, and Court of Assistants, as is in such case provided for the English.

And it is further Ordered; that in the absence of such Magistrate, any other Magistrate: And in such Place or Town where there is no Magistrate, there the Select-men, or such other as may be appointed thereunto in the Places and Towns where the Indians dwell, shall have the Inspection of Indians, and cause them to observe the Orders aforesaid, or such other Orders as by them with the consent of the chief Indians, as aforesaid, shall be made, or by the Courts Order and Direction; and to punish the Offenders, they having their liberty of Appeal as aforesaid.

And it is Ordered, That our Capital-Laws, and the Laws made against Drunkenness, Burglary and Stealing, shall be executed on the Indians as on the English.

Fines on Indians how to be Improved.And it is further Ordered, That all fines as arise by reason of any misdemeanor or transg [...]ession of the Indians, shall be improved by such Magistrates or other Inspector where it shall fall, to defray the charges of the Governing or Inspecting of them.

No Arms to be sold to the Indians without Licence.6. It is Ordered by this Court, That whosoever shall sell or give, directly or indirectly any Arms, as Guns, Swords, Pistols, &c. unto any Indians without Licence first obtained from the General Court shall forfeit five times the value thereof; and whosoever shall lead any Gun to an Indian, or sell any Powder,Nor lent, nor amunition sold Shot or Lead to them, shall forfeit twice the value thereof, if such person have not first obtained Licence of some one of the Magistrates who are hereby impowered to give Licence to any English to lend a Gun for a Month or two in a Year, and to sell some small quantity of Powder and Shot, not exceeding half a pound of Powder, and proportionable Shot at one time to such of our friendly Indians, as he shall give a Certificate under his hand.

Nor in case have or carry Arms without Licence.7. It is also Ordered, That whatsoever Indians who have or shall have Guns, or other Arms, that have or shall manifestly appear to be unfaithful and treacherous to us, shall forfeit their Arms, and not suffered to have or carry any Arms until they shall have Licence from the County Court.

8. It is also Ordered, That whosoever shall any wayes sell, hire or give to any Indian or Indians any kind of Boat,none to sell, hire or give to any Indian any Boats, &c. Barque or other Vessel of burthen, or Sail or Tackling to fit up any such like Vessel, shall forfeit twice the value of it.

[Page]9. It is also Ordered by this Court and the Authority thereof; That no Person, whither Inhabitant of this Government or other, shall Purchase,Anno. 1643 Hire or receive of Gift of any Indian or Indians, any Lands that he within the Line of this Colony, without the Order and Allowance of this Cou [...]t,None to purchase, &c land of Indian or India [...]s without liberty on pain of forfeiting for every Acre, so Bought, Hired, or any wayes obtained of them five pounds to the Colonies use: and if the Fine or Forfeiture cannot be obtained, the Lands so procured, shall be forthwith seized for the Colonies use. [1643, & 1671.]

Neither shall any person Buy, Hire or Receive any Wood, Timber,nor Wood or Timber of the Indians, without the Courts allowance, on pain of forfeiting five times the value thereof to the Colonies use.

10. It is also Ordered; That no person within this Government,none to sell any Mare to the Indians no [...] they to keep any. shall give or sell any Mare to any Indian, on pain of the forfeiture of every such Mare, or the value thereof: and that no Indian keep any Mare on like pain of the forfeiture of every such Offence.

11. And that equal Justice may be done in such Controversies as may arise between the English and the Indians,In trials between English & Indians what testimony to be accepted. the Indians not hither having been admitted to give Testimony upon their Oath, would be greatly disadvantaged, and may be much wronged if no Testimony should in such case be accepted but on Oath;

This Court therefore Orders; That any Court, Magistrate or other person, before whom the Trial of any such Case may come, shall duely consider all the circumstances, with the Pleas and Testimony, though not on Oath presented before them, and give Judgment as to them appears to be most just and right, according to their best Understanding and Conscience.

12. Whereas it hath been found by Exper [...]nce, that trusting the Indians before hand, any considerable value, Indians not to be trusted but under limitation hath n [...]t been advantagious but prejudicial both to the E [...]glish and Indians; the India▪ being very apt to run into many Peoples Debts, where they can be trusted; and there pawning or selling the things they are trusted for at a most inconsiderable price for money, to get Liquor; whereby themselves & families are without any benefit thereby, and the English frustrate of their pay for the same;

It is therefore Ordered; That no English person shall trust any Indian before hand, for any thing or things, at any one time, which exceeds the value of twenty four shillings; or at any time after, for any such or lesser Sum, until said Indian hath first paid for that he first had on trust; on penalty of such English being debarred the Recovery by any other Action or Plaint of any such Debt, more than said twenty four shillings: And in case any Indian have not wherewith to satisfie such just Debts,how their just debts shall be satisfied▪ their Lands not to be seized for debt he shall be made to Serve it out per rate of twelve pence per Day in the Summer, and six pence per day in the Winter, and their Diet: and in case they run away, before satisfaction given, then to be Whipt, and made to Serve it out, and pay the Damage: and in no case shall any Indians Land be seized for payment of any of his Debts due to any particular Man.

13. And it is further Ordered; That no person shall presume to Buy any Guns, Tools, Cloaths, or any other Goods of any Indian, None to buy Guns &c. of Indians on pain on pain of their return of said Guns, Tools, Cloathes, or other Goods to the Owner thereof, free of charge from whom they were borrowed, stolen or purloined by any Indian or Indians.

14. It is also Ordered; That any of the Magistrates or Select men, with the consent of a Magistrate, may put out any young Indians that run [Page] Ideling about, and are not subject to any Government of their Parents or others,Who may put out young Indians to service & [...]one to take them but by a Magistrates order unto some good English Masters, to serve till they are twenty or twenty one years of age, where they may be well Educated.

And that none of the English shall detain any of the Indian Children to be their Apprentice or Servant, under any pretence of Agreement or Indenture, whereunto some one of the Magistrates hath not first assented and given his Approbation.

15. It is also Ordered; That if any Indian who is a Servant to the English, shall run away amongst any Indians; such Indians to whom such Servants shall come, shall not Entertain such Servants, on penalty of ten shillings, but forthwith either carry such Servants himself, or charge the Indian Constable forthwith to carry such Run awayes unto his Master,Indian runawa [...] Servants ho [...] dealt with or before some one of the Magistrates, Select men, or other Inspectors of the Indians, who may cause him or her to be whipt, and sent home to his or her Master; who shall order what said Master shall pay to the Constable, or other Indian, who shall bring his said Servant; and also in what manner said Servant shall allow his Master for the charge and damage he hath put him unto by such Running away.

16. Whereas notwithstanding many Orders have been made for the prevention of Drunkenness amongst the Indians;None to furnish Indians with strong-liquors, &c. yet it doth still abound through their unsatiable d [...]sire to drink unto Drunkenness, if they can obtain it: and through the cove [...]ous evil Principle of some English in helping them unto it, not regarding the guilt they thereby contract to themselves, of the Murders, Out [...]rages, and other mischief [...], which have been the frequent, horrid effect thereof, to the great dishonour of God: For the prevention whereof;

It is therefore Ordered by this Court and the Authority thereof, That whatsoever Person or Persons doth at any time directly or indirectly give, sell truck, or any wayes procure to or for any Indian or Indians, or any wayes furnish any of them with any Wine, Sider, strong drink or Liquors of whatsoever made, or by whatsoever name the said strong drink or Liquors be called, shall forfeit five pounds, provided this Order shall not extend to restrain any charitable act in relieving any Indian b [...]na fide, in any suddain Ex [...]gent of sickness, faintness, and not to exceed one Dram or two, or by the prescription and direction of some Physitian under the hand of a Magistrate first obtained.

And it is further Ordered, That the Accusation, Information or Testimony of any Indian, what testimony s [...]fficient for conviction thereof. or if there be any other probable circumstance attending, it shall be accounted sufficient Conviction of any such Person or Persons suspected, to give, sell, trade, procure or furnish any such Indians with any Wine, Sider, strong drink or Liquors, as abovesaid, unless such Person or Persons shall on their Oath clear themselves thereof; in which case they have that liberty granted to them; unless where the circumstances do amount to a sufficient evidence against them.

And in case any such Offender be not able to pay their fine as abovesaid, every such Offender shall be publickly whipt.

And for the better Execution of this Order.

It is Declared, that such as find out and prosecute such Offenders, shall have one third of the Fine, and the County wherein it ariseth the other two thirds.

And further, That it may and shall be lawful for any man to seize on any such Wine, Syder, Strong Drink or Liquors, which he finds in the custody [Page] of any Indian or Indians, and shall have it for his pains; provided he bring said Indian or Indians before some one of the Magistrates or Select-men of the Town, to be further examined about it:Lawful to seiz any Liquors, &c. found in an Indians custody▪ & if Indians falsly accuse any, to be whipt and if they will not truly discover where they had such Liquors or other Drink, they shall be whipt.

And if it shall manifestly appear to the Magistrate or Court, that such Indian hath wittingly falsly accused any English-man of helping him to, or furnishing him with any such strong Liquors or Drink, such Indians shall be whipt.

Jurors.

1. ORdered by this Court and the Authority thereof, That the Jurors of Grand Inquest being chosen according to Warrants directed to several Towns being Returned,Grand Jury chosen & impanelled Impannelled and Sworn to serve His Majesty thereon, shall inquire into, and present the Breach of such wholsome Lawes & Ordinances as are or shall be here established;Their Duty & all such Misdemeanors as manifestly tend to the hurt and detriment of Religion, Civility, Peace, Society or neighbourhood, that they shal know or be informed of, upon the testimony of any one or more witnesses upon Oath, to be committed by any person or persons within this Jurisdiction, and to do any other Service which on His Majesties behalf be required of them, at such Courts and times as by Warrant they shall be required; provided no person whatsoever shall be bound to inform, present or reveal any private Crime or Offence, wherein there is no peril or danger to this Colony or any Membe [...] thereof, when any necessary tye of Conscience binds him to secrecy, unless it be in testimonies lawfully required of them.

2. Ordered, That petty Juries returned to any Court, as before, shall be Impannel [...]ed and Sworn, truly to try between Party and Party,Petty Jurors impannelled and sworn to find according to their Evidence▪ and shall find the matter of Fact, with the Dammage and Cost, according to their Evidence, o [...] truly to try between our Soveraign Lord the King and any Prisoners brought to the Bar, and the Judges shall declare the Sentence, or direct the Jury to find according to Law: And in all Cases where the Law is Obscure, so as the Jury cannot be satisfied therein, they have liberty to present a special Verdict, viz. If the Law be so in such a point, we find for the Plantiff,Liberty to give a special Verdict. but if the Law be otherwise we find for the Defendant: In which Case the Determination doth properly belong to the Court: And all Juries shall have liberty in matter of Fact, if they cannot find the main Issue, yet to find and present in their Verdict so much as they can.

3. Ordered,Jurors to be fined for neglecting to attend the court and at the first sitting thereof That any Jury-man being orderly chosen and returned to serve at any Court, and shall neglect to attend at such Court as he is warned to at the first sitting thereof, or that after they are Impannelled and Sworn, shall not duly attend any of said Courts, and such Service as belong to them, they shall be fined as the Court that hath the Cognizance thereof shall see cause, not exceeding twenty shillings for one Offence; but if Circumstanced with contempt to be punisht according to the nature of such contempt as the Judges shall see meet.

Ordered,The penalty of a grand Jury-Man. That whosoever shall refuse to serve in the Office of a Grand Jury-man, shall pay forty shillings fine to the Town, and the Town to choose another in his room.

[Page]Ordered, That every Grand Jury-man be paid by their Respective Towns two shillings six pence for every day they have necessarily attenced such service.

Court appoint persons to attend such ServiceIf there be want of Jury-men to make up the number, the Court to appoint and require Persons to attend such service on penalty, not exceeding twenty shillings unless in case of contempt.

See more of Jurors, Title, Clerks.

CHAP XII.

Lands & Inheritances.

1. IT is Ordered by this C [...]urt and the Authority thereof; That whatsoever Lands have o [...] shall be G [...]aunted by the Court,land to be he [...] according to the tenor of East Greenwich to the respective Townships, or to any particular Persons, either by the Court or pa [...]ticular Townships, shall be Held to them, their Heirs, Successors and Assignes for ever; according to the most free Tenour of East Greenwich, in the County of Kent, in the Realm of England, as Graunted to us in our Patent or Charter.Lands intailed to descend according to the Law of Engl.

2 It is Ordered and Declared by this Court and the Authority thereof; That all Lands heretofore Intailed, and that shall be Intailed hereafter, shall descend and enure as by the Law of England the same ought to do.

3. It is Ordered and Declared, &c. That all the Sons of any Person, having Lands in fee simple, shall be Heirs (paying and satisfying in case as is by Law provided) the Eldest Son shall have double to any of his Brethren;who are Heirs and all the younger equal Shares of the Land of their Ancestors: and where there is but one Son, he shall be sole Heir, paying and satisfying, as aforesaid: And where there is no Son, all the Daughters shall Inherit alike.

All Brethren Heirs to him that dies with out issue4. And that all the Brethren of the whole Blood, shall be Heirs to any Person dying without Issue; the Eldest Brother to have double to any one of his Brethren: And where there is but one Brother, he shall be sole Heir to such Brother, or other Ancestor: and where there is no Brother, the Sisters of the whole Blood shall Inherit alike.

lands distrain'd5. It is Ordered; That all Houses, Lands▪ and other Hereditaments, that have been, or shall be Levied or Distrained▪ and delivered in Execution, according to Law and Possession orderly given by any Marshal or Constable, or any of their Deputies that Levied the same, and is Returned and Recorded; shall be, and remain to the Party to whom delivered, and his Heirs and Assignes, as good an Estate as it was to the Person from whom Taken or Recovered.

[Page]6. That where Lands, Tenements Hereditaments all or happen to be in Partnership; either by Descent, Gift, Graunt, Purchase or otherwise:Lands in partnership. if any Partner die before it be divided, the Heirs, or Assignes of the Deceased shall have his or their part with the Survivers, as fully as any of the Survivers; Any Custome to the contrary notwithstanding.

7. It is also Ordered;Liberty to Sue out a division. That any Partner may Sue out a Division of any such Land as he or they may shew good reason for.

8. It is Ordered; that where no Heir or Owner of Houses, Lands, Tenements, Goods or Chattels can be found upon the Decease of the late Proprietor; a true Inventory of every such Estate, in all the parts and parcels thereof, shall with the first conveniency be duel [...] taken, & a just Apprizement made upon Oath by fit men thereunto appointed by a Magistrate,Esc [...]a [...] or in his absence by the Select Men of the Town where such Esta [...] is; and the whole Estate shall be seized by the Colony Treasurer, till the true Heir or Owner shall make due Claim thereunto, unto whom the same shall be delivered upon just and reasonable terms.

9. Ordered, &c. That all Sales, Exchanges, Gifts, Mortgages,Conveyances to be acknowledged before a Magistrate or other conveyancies of Houses, Lands, and other Hereditaments, shall be acknowledged before some Magistrate; or otherwise that the Witnesses two of them at least to the Deed be Sworn, that the Party, Graunter, Seller, Mortgager, &c. did Seal and Deliver the said Instrument as his Act and Deed, before it be committed to publick Record; Except that by special Order of Court the Clerk be Ordered to Record any Instrument that is not so Proved or Acknowledged: and that after the end of May next, which shall be in the year, 1686. No Sale, Bargain, Mortgage or Conveyance of any Houses, Lands or other Hereditaments, where the Seller, Bargainer, Mortgager, &c. Remains in possession, shall be of any force against other persons, Except the Granter, Seller, Mortgager, &c. his Heirs, unless the same be acknowledged or otherwise proved, as abovesaid, and committed to Record.

10. An Act made July 10. 1669. for quieting Mens Estates, and avoiding Suits in Law, touching Title of Lands.

It is Enacted by the Court and the Authority thereof;in case & time Suit may be Commenced for Lands detain'd, & where & when [...]rred That no person or persons, having had for the space or term of ten years fully past and expired, any Right or Title of Entry into, or cause of Action for any Lands, Tenements, or Hereditaments whatsoever now detained from him or them, shall thereinto Enter or Commence Suit for, but within five years next after the end of this present Session of Court, and at no time after. And that no person or persons, having had for the space or term of eighteen years fully past and expired, any Right or Title of Entry into, or cause of Action for any Lands, Tenements or Hereditaments whatsoever now detained from him or them, shall thereinto Enter or Commence Suits for, but within two years after the end of this present Session of Court and at no time after,

And that no person or persons, shall at any time hereafter, make any Entry into, or Commence Suit for any Lands, Tenements or Hereditaments, but within fifteen years next after his or their Right, Title or Cause of Action or Suit, which shall hereafter first descend, fall or accrue to the same; otherwise such Title or Cause of Action, shall be for ever after barred; and the party or parties claiming, and his and their Heirs utterly excluded from Entry into, or Suit for the same: Provided nevertheless, That if any person or [Page] persons which hath or shall have such Right, Title or cause of Action, first be or shall be at the time of the said Right, Title or Cause of Action, descended according, or fallen within the Age of twenty one years, Fe [...]e Covert, non compos mentis imprisoned, or beyond the Seas, then such person or persons, his or their Heirs, shall or may, notwithstanding the said fifteen years expired, bring his Action, or make his Entry at any time within five years next after his or their full Age discoverture, coming of sound mind, enlargement out of Prison, or coming into this Country, take benefit of, and so for the same, and at no time after the said five years.

It is further Enacted by the Court, &c. That such person or persons a [...] have had Right or Title or Entry into, or cause of Action for any Lands, Tenements, Hereditaments hitherto detained from him or them for the space or Term of twenty years fully past and compleat and neglected hitherto, to make his or their Entry, [...] to commence Suit for the same, shall be for ever Barred and Excluded, and utterly disabled from such Entry or Suit to be made, excepting as in the abovesaid Proviso.

This Act to stand at present, suiting our Infant Estate till the Court [...] cause otherwise to Order; mean while it shall be the concern of all for the future cause, to obtain the best Evidence they can for the Title and Hold of their Lands.

A supplement to the Prefatory Declaration and Order in the Preface, now Orders by His Majesties General Court held at Plimouth, June, 2d. Anno Dom. 1685. As followeth, viz.

It is by this Court and the Authority thereof, Ordered and Declared, That all the Lands, with their and every their Appurtenances belonging, which have been formerly granted by the Court unto Townships or particular Persons, according to the several Graunts or Bounds thereof, shall be and remain to the several Townships and Grauntees, their Heirs Successors and Assignes for ever, in as free, full, ample and beneficial manner, to all Intents, Constructions and Purposes whatsoever, as the Governour and Associates or General Court, by vertue of their Letters, Patents, Declaratory from His Majesty, or by any other ways and means whatsoever might or could Graunt. And that the Governour, for the time being, Confirm all such former Graunts of Lands, whether Graunted unto Townships or particular Persons which desire the same, under the Seal of the Government, not yet affixed thereunto.

And that the Court of Assistants be a Committee from 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.

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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.

It is by this Court Ordered, That in every Plantation within this Jurisdiction where either Tanner or Shoemaker is imployed in their Trades,Sealers of leath [...]r to be chosen & appointed. one or two [...] shall be chosen and appointed, as the Occasion require, who shall be unde [...] Oath, 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.

But that which is not sufficiently Tanned,No Leather not sufficiently Tanned to be Sealed, nor sold till sealed 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.

2. And it is further Ordered,The Shoemaker that seth unsealed Leather to make recompence & further to be punished. 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.

3. And whosoever shall bring Hides from any other parts, [...] [...]rought from other parts and sold or used unsealed to [...]e forfeit The chusing of the Sealers to be left to the several Plantations▪ 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.

4. It is Enacted by the Court and the Authority thereof:Defective leather to be searcht for [...] seized. 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 [...]old 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 [Page] 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 defe [...] of the said Leather.

And that the forfeiture of such Leather or Shoes, as aforesaid; one third thereof shall go to the Searcher, and the other two thirds to the Plantation wherein the Offence is committed.Who to have the forfeiture

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 & pe [...]alty 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, &cORdered 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 40s.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.

O [...]dered, That a Magistrate may Hear and Determine all Actions of Debt,all actions of Debt not exceeding 40s. T [...]espass or Damage according to Law, not exceeding forty shillings, he keeping Records of all his Sentences, Judgments and Determination; 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 OathsMagistrates may Administer Oathes, may Commit to Prison any that shall refuse to give Testimony being lawfully called thereto; May commit to [Page] 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 Detainors, 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, Birth and Burial of every Man, Woman and Child in that Township;A Register [...] to be kept of Marriages, Births & Burials by the [...]own Clerk 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.

2. Ordered, that the Town Clerk shall publish as the Law directs,Town Clerk to publish Marriages. all Contracts or purpose of Marriage in the Town, and have one shilling for his Fee, for every such publication.

3. Ordered,None to be married without publishing and how to be published 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.

Ordered that none shall be allowed to Marry that are under the covert of Parents, Guardians, Masters or Overseers,None shall marry that are under covert without consent of &c. 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 si [...]ie pounds; or by Corporal Punishment, as the County Court shall see cause: [Page] 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 hush. 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 Execution 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.

[Page]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 G [...]ods 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.

Ordered,The [...] in no case to be put to seek for estate further then the parties usual place of abode. 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.

Ordered,Such lyable to fine or other punishment who expose anothers goods to destraine in stead of his own 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.

ORdered,how much toll Millers may take 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 Tonws make other agreement with their Miller.

Ordered, That Every M [...]ller shall have alwayes ready in his Mill,They are to have weights & scales Weights and Scales provided at his own charge, to weigh Corn to and from the Mill, if it be desired.

Ordered,Two Toll-dishes sealed. 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 up-heaped, 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.

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Measures.

WHereas there is great Inconvenience by Reason of the Measures in this Colony, differing from the Measure of other Colonies;

It is Ordered, That the Country Treasurer at or before the first of September next,A Coopers Standard to be procured & other Measur [...] that are allowed to be made by it 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 [...] at or before the tenth of November next (to be sealed by the Treasure [...]) [...] 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.

IT being the great Duty of this Court▪ and having been the Pains, Care and true Intent of former Courts, Ministers maintainance how to be raised in the granting of the several Plantati [...]ns and Townships in this Colony, to provide for the better carrying on the publick Worship of God, that are Able, Godly Teaching Minister 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 [Page] 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.

And it is further Ordered;How the Inhabitants shall be assisted in getting and maintaining an able Minister. That in every place where there is a Village or Town-ship, settled or begun to be peopled, though not filled with Inhabitants; and they or some of them desirous to promote the publick Worship of God amongst them, shall be assisted by the Government, so as the charge in their getting and maintaining of an able, faithful Preacher of Gods Word, shall be raised upon the Lands, Chattels, and other Rateable, on all the Rateable Inhabitants of any such place, or other Proprietors of any such Lands or other Ratable Estate of theirs in any such place found, although such Proprietors do not there reside:& what to be done where the Inhabitants are negligent therein and where the Inhabitants of any such place or Township are remiss and negligent to obtain an able faithful Minister or Preacher of the Word of God amongst them, the General Court may, and henceforth shall impose such yearly sum or sums as to them seem just and equal, to be raised on all the Rateable Inhabitants of such Place or Township, and gathered by the Constable, and delivered to the Court of Assistants, County Courts, or Treasurers Order, and helpt as a Stock to be disposed as the Court of Assistants or County shall Order for the Building a Meeting House, or incouragement of some to Preach the Word of God amongst them: And where the Minister shall scruple to receive what is raised, as aforesaid; yet notwithstanding, it shall be gathered by the Constable, and disposed of by the Court to some other pious use, wherein special respect shall be had to the good of said place.

CHAP XIV.
Military Affairs.

FOr the better Regulating the Military Forces of this Colony, and Training our Souldery for such Service as they may be called unto;

1. It is Ordered by this Court and the Authority thereof;The Souldiers in each County to be a Regiment & commanded by a Serj. Major Companies their Officer [...] That the Souldiers, whither Horse or Foot, within each County in this Colony, shall be a Regiment; and each Regiment be Commanded by a Sergeant Major: each Town having sixty Listed Souldiers to be a Company, and have three Commission Officers, viz. Captain, Lieutenant and Ensign: And other Towns and Villages where there are less number of Listed Souldiers, to be commanded [Page] by such Officers as the General Court shall see cause: The Major to be chosen by the General Court;And how to be chosen. the Captain, Lieutenant and Ensign, to be nominated and presented by the several Towns to the General Court, by them to be approved and commissionated: and all Commissions to be under the Seal of the Colony, and the hand of the Governour, and Subscribed by the Secretary.

All between sixteen & sixty to attend Trainings.2. It is Ordered; That all Men between sixteen and sixty years of age constantly attend all Military Trainings, when duely warned, under the penalty of three shillings in Money, or equivolent thereunto for every neglect, to be collected; or for non-payment, to be Destrained by the Clerk of said Company, unless the next Training day after such neglect, they render their excuse to their Commission Officers; and they or the major part of them be satisfied therewith: Notwithstanding, such persons hereafter mentioned are exempt from Trainings,Who are exempted from them Magistrates, Ministers, Physitians, profest School-masters, Secretary of the Countrey, Clerks of the County Courts, and Marshals, Constables, constant Herdsmen, and constant Millers; Master of Ships or Vessels, that are most imployed beyond Sea, such as have three Natural Sons that are Listed Souldiers in the Company, and such as for Bodily Infirmity Excused by the County Courts; and that all Persons not exempt by Law, neglecting or not attending their Duties, that the Clerk cannot find, or that will not shew an Estate to the Clerk that he may destrain thereon, such Person or Persons shall be liable to such Military punishments as the Captain and Commission Officers shall see meet,How they are to be punished who neglect Trainings & refuse to pay their fines according as the neglect may be circumstanced; and if they neglect two Training Dayes together, or twice neglect other such Service as is Legally required of them, and refuse to pay their fine or show an Estate to the Clerk, or render a sufficient Excuse to the chief Officers; it shall be lawful for the Captain or chief Officer, to send for such Person into the Field by a Constable, that there he may receive Punishment according to his Demerit; and the Constables in each Town are required to yield Obedience to such Orders, unless such Person shall Appeal to a Council of War, and give security to prosecute the same, to abide by their determination.

3. It is further Ordered, That all fines for neglecting Training, Watching or Warding, defect in Arms, and all other Military fines shall be improved for the supplying the Company with Drum or Drums and Colours,Fines to be improved for supplying the Company. and otherwise disposed of for the good of the Company, according to the direction of the Major part of the Commission Officers of each Company.

4. It is further Ordered, That every Male Person within this Colony, of what Ranck or Quality soever of sixteen years of Age and upwards, shall alwayes be provided with,How every Person of sixteen years old is to be provided with Arms and Ammunition and keep well fixt and fit for Service, a good Fire lock Musquet not exceeding four foot three inches Barrel, nor shorter than three foot nine inches, nor under bastard Musquet Bore, or to the satisfaction of the Commission Officer; a Pruning Wyre and Worm, and also with a good Sword or Cutlase, one pound of Powder, twenty Bullets suitable to his Piece, Bandileers or Cattouch Box, and thirty Flints; under the penalty of ten shillings fine for want of a well fixt Musquet, and two shillings a piece for every other Defect.

Four dayes in a year for Exercising, and how to be warned.5. Also that every Captain or chief Military Officer in every Town or Village, do every year call forth the Souldiers to Exercise in Motions and Use of Arms, shooting at Marks, or otherwise according to his best Direction. It shall be counted lawful warning if the Serjeant or Clerk by Order or Warrant from their Superior Officer, give notice at a publick Town meeting [Page] or by writing set up publickly three dayes before the day appointed for Training, or any other way that may be agreed on by the Major part of the company; and every Souldier is to appear upon such warning compleat in his Arms at his Colours or usual place of meeting at eight a clock in the Morning, and if they exceed nine a clock, the time to be judged by the Commission Officers, then to pay one shilling fine to the use of the Company, and to be demanded; and upon refusal or non payment, to be Levyed by the Clerk on the Party that is the Delinquent.

6. Ordered, That all Souldiers,Who are to Vote for persons to be presented to the Court for Commission officers Inhabitants of the Town that are twenty one 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,his fine that refuseth the office of a Clerk shall pay forty shillings fine in Mony value to the use of the Company, and the Company to chuse another; 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 L [...]st 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 fines, 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.

8. It is Ordered, In case of the Clerks destraining for any fine,The Clerk may distrein by virtue of his Office. they may do it by virtue of their Office without Warrant, and shall observe the Law in such Case provided.

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,Commission officers power 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.

10. Ordered, That at least once a year, one of the Commission Officers,Who & how oft to view Arms & Amunition 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

11. Every Town Defective, in or wanting a Drum;penalty for defect of Drums. or if Sixty Families have not two Drums in two Months, to pay a fine of forty shillings to the County.

12. That every Town provide Colours, Drums and Halbarts for the use of the Company; the same to be maintained by the fines,Colours▪ &c. how to be provided▪ &c 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 [Page] in the Colony, consisting of the Governour and Deputy Governour, Assistants,council of war or Court Marshal its constitution. the Majors of the several Regiments, 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 five at the least agreeing thereunto.

The said Council of War by Warrant to Impress Men, Horses, Carts, Provisions or other necessaries for any Expedition or Military Occasion,Its 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 requi [...]e 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 Serv [...]ce, 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 p [...]ovide thirty pounds of Powder, one hundred and thirty pound of Bullets, one Hogshead 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,Military Watches & Wards and Warding according to the discretion of the chief Commander or Town Council, 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 forthwith 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 forthwith dispatched to the Magistrate,What to be 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 there may be Occasion.

[Page]17. That the Magistrate, if there be any; the Commission Officer or Officers, and three more of each Town,Town Council their constitution & power to be by the Town chosen to be a Town Council; and them or the major part of them to dispose of the Arms and Amunition of the Town, and give Orders what to be done in case of Alarm or sudden Exigence, which shall be attended unless farther or other Order from the Major or Council of War.

18. That the Major of the Regiment, as there may be occasion,The Major to call his officers to consult to call together the Captain and chief Military Officers to consider of any thing that may conduce to the good of a Regiment, and well ordering of the same.

And that there be Regimental Musters of the Souldiers of each Regiment once in three years; First of Plimouth Regiment, Secondly of Barnstable, and Thirdly of Bristol, and so from time to time successively.

That if a competent number of suitable persons present for a Troop of Horse within any the said Counties, they shall be encouraged,Liberty for a Troop and suitable Officers being by them presented, shall be Commissionated; and the Troopers to Exercise four dayes yearly, on penalty of ten shillings every neglect: and in case of an Alarm, said Troopers forthwith to attend the Major of the Regiment, in order to further Service; each Trooper to be provided with a good Horse, Carbine, a pair of Pistols, Holsters, and other Accoutriments, requisite for a Trooper, on penalty of ten shillings for every defect: the fines for the use of the Troop; and all Officers to be chosen, and Clerk to act as in Orders in Foot Company.

It is Ordered, That none that hath been, or is Commission Officer,Privil [...]dge of Commission Officers shall be obliged to Serve as a private Souldier; or any Military Officer other than a Commission Officer.

Ordered, that if any single person, through idleness, or otherwise, neglect to provide himself Arms, a Magistrate, or the Select men,For idle persons not providing Arms shall put him out to Serve for Arms according to their discretion.

Ordered, That if any Man be sent forth as a Souldier,Maimed Souldiers to be provided for. and be maimed in the Service, that he is disabled from following his occasions; he shall be maintained by the Colony whilest he lives, according to his quality and the capacity in which he Served. And when Dead shall have the Burial of a Souldier.

CHAP. XV.

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Pound or Impounded.

IT is Ordered, &c. That in every Township of this Government, there shall be a good and sufficient Pound from time to time, for Impounding of such Horses,in every Town a Pound Cattle or Swine as Trespass any Mans Corn-field or other Inclosures, under the penalty of five pounds fine to the County, and the like Sum every three moneths they are without: And whosoever Impounds any such, shall give present notice to the Owner, if he be known, or otherwise they shall be Cried on the two next Lecture dayes or publick Meetings:Cattle to be Replevied or damage satisfied and if any of them escape out of the Pound, the Owner if known shall pay all damages according to Law: And every person or persons having notice given, or otherwise left in writing at their house or place of their usual abode, of any of their Cattle Impounded, or otherwise Restrained, shall forthwith give satisfaction to the Party so wronged, or otherwise Replevy their Cattle, and prosecute the same according to Law, upon peril of suffering all the loss and damage that shall come to their Cattle by standing in the Pound or other lawful place of restraint: But if the Owners be not known or found, after such Beast be cried as aforesaid, or inquiry made through the generality of the Towns, with notice given to some of the Neighbours of the next Town [...] for their occasional inquiry; likewise, that the Owner may take notice, make his claim, and pay the Damage and Charge: and if yet no Owner be found, then after due Apprizement by indifferent men chosen by a Magistrate, or any two of the Select men of the Town, and the same Recorded in the Town Book; Sale to be so far made that the charges be fully paid, & the remainder kept till the Owner be known; & the rest of the Cattel first Markt to distinguish them, to be again turned into the Woods: But if the Owner appear in six moneths, he may have his Beast or Beasts, paying all charge and damage.

2. It is Enacted by the Court and the Authority thereof; that if any man have damage done by Horses, Swine, Sheep or Neat Cattle, and the damage done is full a Mile and more from Town Pound,In what case cattle trespassing may be impounded & where then it shall be lawful for such an one to Impound the Beast that hath Trespassed, in a Pound, House or Place of Restraint, erected upon his own Ground twenty four hours, and that he shall within six hours give notice to the person that owns the Beast or Cattle, which if the Owner will not come and satisfie, then he that hath the Trespass done, he may drive them to the Town Pound, and shall have what is necessary for the driving of them, together with the damage: And he that Impounds the Cattle or Beast,what sufficient proof of cattle that did damage shall give Oath before a Magistrate or Select Man, if required, what Cattle or Beast did the damage so far as he knoweth; and that shall be taken for sufficient proof, when other cannot be obtained.

3. It is Ordered by this Court; That Horses, Cattle, Sheep and Swine, that are taken damage feizant and Impounded, shall pay one shilling for each Horse kind;cattle damage feizant what allowed for driving to Pound Colts with their Dams under a year old excepted: eight pence a Head for Neat Cattle; one penny a piece for Sheep, six pence a Head for Swine, to be paid by the Owner of such Creatures, to the Owner or Possessor of the [Page] Lands where such Trespass is done, for his or their driving them to Pound, together with such Fees to the Pound-keeper as each Town agree on; besides such Damage as can be made out according to Law.

4. [...] whereas Impounding of Cattel, in case of Trespass, hath been alwayes found [...]ful, and all the breaches about the same, very offensive and injurious. The penalty of Rescues or Pound breach.

It is therefore Ordered, that if any Person shall Resist or Rescue, any Cattel or Swine going to the Pound, or shall by any way or means convey them out of Pound, or Custody of the Law, whereby the Party wronged may lose his Damage, and the Law be deluded in case of meer Rescues, the Pain Offending shall forfeit to the County Treasury forty shillings; and in case of Pound Breach five pounds; and shall also pay all Damages to the Party wronged; and if in the Rescue any Bodily Harms be done to any Person, or otherwise, they shall have Remedy against the Rescue [...]s; 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 [...] committed, not exceeding fifteen stripes, for the meer Rescue or Pound Breach; and for all Damages to [...] 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 [...], they shall all pa [...] Forfeitures and Damages as if themselves had done it, one fourth part 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,

1. THis Court taking Notice of great abuse, and many misdemeanours committed by divers Persons many wayes, prophaning the C [...]stian Sabbath, Prophaning of the 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 [...]ll the next Day, and then sit in the Stocks two hours: and for the second Offence shall pay twenty shillings fine to the County or be Whipt; and so from time to time as often as they shall be Convicted of the like Transgression afterwards.

2. It is Ordered, That if any, Person henceforth,To be found Sporting or drinking on Saturday or Sabbath day nights after sun set. either on the Saturday Evening, or on the Lord's Day Evening after the Sun [...]s 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 fine to the Town, or [...]it 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 [Page] 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 it 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 Selectmen 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, [...] 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.

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Swine.

WHereas Complaint is made of much Damage done by Swine Rooting up Meadows and Inclosures; For the Prevention whereof:

It is Ordered and Enacted,Swine to be Ringed That on notice given to the Owners of such Swine from the party damnified, said Owners shall forthwith 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 Ringed, 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.

1. IT is Enacted by this Court and the Authority thereof;Towns to make Orders 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 exceeding twenty shillings; provided no Town Order infringe or be repugnant unto any Order of this Court.

2. Ordered, That the Constables in their respective Townships, shall warn Town-Meetings when,Constable to warn Town-Meetings and as they shall receive Orders from a Magistrate, two Select Men, or the Deputies of the Town, in penalty of twenty shillings fine, to be paid for his neglect, for the use of the Town.

3. Ordered, That henceforth none shall have power or liberty to vote in any Town Meeting; but Freemen of the Corporation,Who have liberty to vote in town-meetings or Free-holders of twenty pounds, or if not Free-holders thirty pounds Ratable Estate, Orthodox in the Fundamentals of Religion; of good Conversation, and having taken the Oath of Fidelity; and such as have been allowed under such Qualifications: and if any shall presume to Vote that are not qualified according to Law, shall pay five shillings fine to the Town: and if it appears that any have done it through ignorance, they shall be excused the first time; and that there be a Record kept by the Town Clerk of all such as have taken the Oath of Fidelity.

4. Ordered, That all Fines due to the Town, be paid to the Select Men for the Towns use; and for non-payment,Fines to the Town to be paid to the Select Men to be Distrained by the Constable, by Warrant from a Magistrate or two of the Select Men, the Delinquent being convict thereof.

5. Ordered, That every Town in this Colony annually chuse their Grand Jurors, Surveighors, Constables and Sealers, where they are needed,Choice of Town-officers timely, so as to have their Names returned by the Town Clerk to the County Court, on penalty of five pounds fine to the County; and twenty shillings for the Clerk to pay for his neglect.

[Page]6. It is Ordered, That if any Strangers or Forreigners, or others come to dwel or sojourn in any Town of Village in this Government, and be there received and entertained three Months, if by sickness or lameness, or otherwise he comes to want relief,Who to be the Town charge. he shall be provided for by that Town that so long entertained him, and shall be reputed their proper Charge, unless such Person within said three Months have been warned by the Constable or some one or more of the Select Men of the Town not there to abide, signified to the next County Court by said Constable or Select Men, together with the time such person came into said Town, and the time when he was warned out: In such Case he or they falling into want not being properly Inhabitants of some Town in the Colony, shall be relieved as there is necessity at the Counties charge, and disposed as the County Court shall see meet.

7. To prevent Damage to Towns and Charge to the Counties;

Persons warned out of any Town, no stranger to be imployed or entertained.It is Ordered, That whensoever any Person hath been orderly wa [...]ned to depart any Town, that whatsoever person shall fourteen dayes after such warning, either imploy or entertain any one so warned, for every week he so imployes or entertains any such person, shall pay ten shillings a week fine and the party five shillings to the Town, and so proportionable for more or less time; the same to be distrained by a Warrant from a Magistrate or other Person Authorized; the person so Transgressing being convict thereof.

Those that have been Inhabitants of another Town to remove back to that town.8. Ordered, That any Person orderly warned to depart any Town, if he were before his coming to said Town a lawful Inhabitant of any other Town of this Colony, he shall by said Constable or Select Men be ordered to Remove back to said Town, which if he neglect or refuse to do fou [...]teen days after such warning, he shall by a special VVarrant from a Magistrate or other Person Authorized be sent to the Town or Place to which he belongs: Or if he belong to any other Jurisdiction, in like manner to be sent away any time in three Months from Constable to Constable.

whipping post and stocks in every Town.9. Ordered, That every Town in this Colony shall have a sufficient pair of Stocks, and a Whipping Post; or for defect shall pay twenty shillings fine to the County, every three Months they are without.

10. Ordered, That none be allowed to be House-keepers, or build any Cottage until they have allowannce of the Governour,Who shall be allowed to be Housekeepers some Magistrate or the Select Men of that Town; and that a special care be taken that no single person that is of evil Conversation, or hath not Arms to serve the County be suffered to keep such House or live alone, or be admitted to be an Inhabitant of any Town.

11. Ordered, That if any Person, whether Master of any Vessel or other, do bring in any into any Town or Plantation in this Government,He that brings in any to be a charge shall secure the Town. without the Approbation of the said Town or Select Men, or do entertain or receive any that come in, and are not so allowed, but are at the time of their coming or within three Months after excepted against by the Constable or some one of the Select Men of the Town, he or they that so bring in or entertain any such Persons, likely to be burthensom or chargeable, shall either carry them away again, so as to free the Town of them, or give Security to free the said Town from charge concerning him whilst he is there resident.

But if any Man bring in an Apprentice or Covenant-Servant for years that is at present sound and well, Bonds shal [...] not be required of such Master; [Page] but if his Servant fall sick or lame, he shall be maintained by his Masters particular charge, during the Date of his Indentures or Covenant;But if an Apprentice only during his tim [...] but afterwards be relieved by the Town.

12. Ordered, That every Town in this Government shall maintain their own poor: But if any Children or Elder Persons shall be sent or come from one Town to another to be Nursed, Schooled or otherwayes Educated; or to a Physitian or Chyrurgeon to be cured of any Disease or Wound, &c. Poor to be maintained, by whom. If such come to stand in need of Relief, they shall be Relieved and Maintained by the Township from whence they came, and not by that Township where they are so Nursed, Educated or at Cure: and in case they come or be sent from any place out of this Colony; then if the Nurse, Educator, Physitian or Chirurgeon do not take good Security to discharge the Town wherein he lives from all cost and charge which shall or may befall concerning them; he that so received them shall be the Towns security in their behalf.

13. Ordered,None shall come to inhabit without leave. That no person shall come into any Town or Pecculiar in this Government to live and inhabit without the leave and approbation of the Governour, or two of the Assistants at least; and all Constables and Select Men are to take notice of, and inform of the breach of this Law.

14. Ordered, That whosoever being Resident within this Government shall refuse to take the Oath of Fidelity, being orderly called thereunto,Penalty of refusing the oath of fidelity. either by the Constable or any Magistrate, or the Select Men where he dwells, he shall be Amerced to the Colonies use five pounds, which if he cannot, or will not pay, he shall be punished by imprisonment or otherwise as the Court shall Order.

15. Ordered, That if any shall Herd Cattle on Lands that are another mans in Propriety, though not inclosed,Trespass to herd on any mans propriety. and will not forbear so to do being warned by the Owner or present possessour of such Lands it shall be accounted a Trespass Actionable.

Whereas Complaint is made that much Timber is falled and let ly and Rot on the ground, and not timely improved by such as fall it, to the great wast of Timber and spoil of the Commons.

16. It is therefore Ordered by this Court, &c. That whosoever shall Fall any Timber on the Common,Timber falled and not improved forfeit. and doth not either Square or Rive it within three Months after it is Falled, it shall be lawfull for any other of that Town to improve it as they see meet; and after Squared or Rived, or not fetcht away in a twelve Month, it shall be lawful for any of said Town to have the same for carrying away.

17. That Towns may be careful to chuse suitable Officers;

It is Ordered,Fit Officers to be chosen and none oppressed That if any Person chosen to any Town Office shall complain of the same to the Court that hath the proper Cognizance thereof, and it appear that it is matter of oppression or very unreasonable, or that they have not been orderly chosen, or duly qualified, they shall dismiss such Person, and order the Town to chuse another in their Room.

18. Ordered,A Ladder to every House. That every House-holder have a good Ladder in repair or fit for Service and suitable to his House, alwayes in readiness at or near his House in penalty of ten shillings fine to be paid to the Town.

[Page]19. It is Ordered by the Court; That every Town procure their Bounds to be set out within twelve Moneths after the end of this Court, by such persons as the Court of Assistants shall appoint to lay out the same, where such Bounds are not already laid out,Town Bounds how settled or deside any difference (where they are already laid out) that may arise between any parties concerned therein, whither the Towns, Countrey or any other persons, to whom any Lands are granted, saving to the grieved person his remedy at Law. And that in every Town, the Town or Select-Men appoint two or three persons, who on notice given to, or by the adjacent Towns, shall once in every two or three years go to the Bounds between them, to view and reniew their Bound Marks; which shall be a heap of Stones, or a Trench six foot long, and a foot and half de [...]p, and two foot broad, upon pain of five pounds for every Town that neglects the same.

And that each Proprietor of Lands in any Common Field, or lying un-Fenced, that shall not once in a year or two years, on warning given him by his Neighbour, attend such Meeting, to keep up the Bounds betwixt them, which shall be sufficient Meat-stones, shall forfeit ten shillings for such default; the one half to the party moving, and the other half to the Countrey.

How between Neighbour & NeighbourAnd that two or three Men shall be appointed by each Town to decide any difference between the Neighbours, or between the Town and any of the Inhabitants, about the Bounds of their Lands, saving to the grieved party his remedy at Law.

CHAP. XVI.

Watches.

ORdered; That the Town Council in any Town, on any occasion to them seeming meet, shall Order any Military or Constables Watch within their Town, and all persons in the Town not excepted by Law must attend Military Watches,Watches how to be ordered & attended. on such penalties as is Ordered: And all Male persons and House-holders of the Town of sixteen years and upwards, except Magistrates, Ministers, Elders Physitians, Countrey and County Clerks and Marshals, and Commission Officers, or other persons excused by the Town Council, shall attend Constables Watches, being warned by the Constable or his Deputy, at such time and place as they appoint, either by them selves or a sufficient hand, under the penalty of two shillings fine to the Town, for non payment to be distrained by a Warrant from a Magistrate: If a Military Watch, to attend such Orders as they receive from their Commander; if a Constables Watch, such Orders as they receive from the Constable, and the Constable to receive his Orders from the Town Council.

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Witnesses.

1. ORdered; That any Court, Magistrate or Person Authorized, may take the Testimony of any person of fourteen years of age or upwards, of sound Understanding and good Reputation, in any case Civil,How Testimonies be taken. Criminal or Capital, where it may be to have both parties present, or some in their stead, or by their Order, when the same is done; such Testimony not to be delivered to the party, unless Sealed up and directed to the Officer of the Court where the same is to be made use of, otherwise to keep it safe until there be occasion for the same, and it be called for by the party concerned: and where any Testimony is taken, and the parties not together, as before in such Case, such Witness to be present at the Court or Place where they are to give in, or the same to be made use of, if the party be within the County at such time, and not prevented by the providence of God; otherwise such Testimony not to be accepted in any Court or Case.

2. Ordered; That in Capital Cases, Witnesses shall be present,How in cases Capital. and testifie Viva voce.

Ordered; That every Testimony be writ by him or them that are to Swear,Testimonies to be writ, &c. Penalty for non apearance

3. The same or such as are not Parties in the Case, otherwise to be rejected, unless such taken when both parties are present: Witnesses Summoned that shall neglect to appear according to their Summons, shall be liable to all damage sustained for want of their Testimony.

4. Ordered;Witnesses how to be paid That where persons are tried in Cases Capital or Criminal, and the Party cleared; such Witness as have been Summoned, shall be paid by the respective Treasurers, if they are to go out of the Town they live in to Witness.

Wills.

1. WHereas it is Ordered by this Court that all persons having Estate Real or Personal, being of competent age, understanding and memory, may by Will dispose thereof, as he or they see cause; Wills to be witnessed

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 S [...]gned, Sealed or Declared it in such capacity as is above expressed.

2. Ordered;and proved at Court An Inventory to be taken & with the Will Recorded. 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: 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;

[Page]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 probate4. 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.

5. Ordered, That if any person shall renounce his or their Executorship, it shall be in open Court,What in case Executors refuse their Exec [...]torship 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 that 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 & dues6. 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.

7. Ordered, That whosoever takes out Letters of Administration, shall be Bound with two sufficient Sureties,administrators to be bound by 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.

8. Ordered; That if any person shall die Intestate, Funeral Charges and Debts being paid,Dispose of Intestates estate 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 [Page] 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, and shall be allowed a Coat of Duffels, or twelve shillings: for Wolf Whelps there shall be allowed a quarter price; and the Constable of each Town to signifie under his hand the Names of the Men, and the number of the Wolves, and how many killed by English, and how many by Indians, of all he hath passed Receipts for, unto June Court: such Sum to be raised with other Countrey charges, and discounted with the seseveral Towns out of their proportion of the Country Rates: and such in the Town as produce those Receipts to have it discounted with them, or paid to them by the next Constable: and if the Constable shall wittingly give in to the Treasurer a false Account; or if any person kill Wolves out of the Patent, and come here for pay for the same, each shall be liable to such reasonable penalty or punishment as the County Court shall think fit.

[Page]

Wrecks.

1. IT is Ordered; That where any Wreck shall be cast upon any Shore of this Colony, or taken in any River, Creek [...] or Bay belonging to the same,How Wreckt Goods shall be secured & disposed. such Goods shall be seized by the chief Marshal or Constable of such Town where they shall be cast, and by them secured and delivered according as they may have Order from some one or more of the Magistrates, to some person or persons to keep and secure the same; that if any Sue for the [...]ine, and make it appear before two Magistrates, that they are the Owners thereof, any time within a Year and a day, that such Goods shall then without delay be delivered to him or them so proving or appearing to be the Owners thereof, he or they making due satisfaction to all Persons and Officers, who were imployed in saving and securing the same. But if no Owners appear in the year and a day, then all such Goods shall be delivered to the Countrey Treasurer for the Colonies use; who shall make due satisfaction to all Persons & Officers▪ who were imployed in saving and securing the same: And if any person shall presume to seize, receive, or take any such Goods, and not give speedy notice thereof to Authority here established, he shall be Imprisoned and Fined, not exceeding double the value thereof.

2. Ordered; That if any Ship or Vessel be driven ashore; be it Friend or Enemy,No violence or wrong be offered to persons or goods in vessels driven ashore. there shall be no violence used, nor wrong offered to their persons or Goods: their Persons shall be Relieved and Harboured, and their Goods preserved in safety until Authority may be certified, and give further order therein.

[Page]

The Secretaries Fees.

| L | S | D
FOR Entring a Freeman, | 00 | 00 | 06

The Fees of the Recorder of the Court of Assistants and County Court Clerk, shall be as followeth.

FOr a Warrant for the Peace, Good Behaviour, or any other by Order of Court of like nature. | 00 | 01 | 00
For a Bond of the Peace or Good Behaviour, | 00 | 02 | 06
For a Release of such Bond, | 00 | 02 | 06
For Entring of an Action, | 00 | 02 | 00
For a Supeny, | 00 | 00 | 06
For Transcribing of any Evidence, for every Page consisting of twenty eight Lines, eight Words in a Line, and so proportionable to eight pence a Page, for what it doth exceed, | Eight pence per Page.
For Entring of Deeds Verbatim, not exceeding twelve pence a Page, and proportionably to eight pence a Page for what it doth exceed. |  |  |
For Att [...]ting the Record on the Original Deed, six pence; and in like manner for Wills and Inventories. |  |  |
For Entring an Order for the settling of Intestates Estate, twelve pence or more, according to the proportion of the Writing, |  |  |
For Entring of the Proceedings in any Criminal Cases or Presentments, with the Judgment of the [...] therein to be paid by the Delinquent | 00 | 02 | 06
For Entring a Judgment Acknowledged | 00 | 01 | 00
For making an Execution, | 00 | 02 | 00
For Entring and Recording of the Execution, with the Officers Return, | 00 | 02 | 00
For Bonds of Appeal, | 00 | 01 | 00

Chief Marshals Fees.

FOr Levying an Execution five shillings, and for his Journey out two pence a Mile, and Home two pence a Mile, out of his own Town. |  |  |
For Serving an Attachment, | 00 | 02 | 06
For Serving a Summons, | 00 | 01 | 00
For Distress for a Rate, | 00 | 01 | 00
For keeping a Prisoner committed to him by the Court per day | 00 | 02 | 06
And for Commitment of such Prisoner to him, | 00 | 02 | 06
For every Action Entred, | 00 | 00 | 06

The Jaylors Fees.

FOr Commitment to Prison, | 00 | 02 | 06
For Release out of Prison, | 00 | 02 | 06
For keeping of a Prisoner with Diet, four pence per day, besides what he is allowed out of the Treasury. |  |  |

[Page]

The Oath of the Governour.

WHereas You T.H. Esq are Chosen to the place of Governour over this Jurisdiction of New-Plimouth for this Year ensuing, and till a new be Chosen and Sworn; You shall Swear to be truly Loyal to our Soveraign Lord the King, His Heirs and Successors, and according to that measure of Wisdom, understanding and discretion that God hath given you, faithfully, equally and indifferently, without respect of persons, according to the Laws of this Colony, Administer Justice in all Cases coming before You, as the Governour of this Colony of New-Plimouth. You shall in like manner faithfully, duely and truly Execute the Laws and Ordinances of the same; and shall labour to advance and further the good of the several Plantations within the limits thereof, and oppose any thing that shall seem to hinder the same by all due means and Courses,

The Oath of the Deputy Governour

WHereas you W. B. are Chosen to the Place of Deputy Governour over this Colony of New-Plimouth, &c. as in the Governours Oath, Mutatis Mutan [...].

The Oath of the Assistants

YOu shall all Swear to be truly Loyal to our Soveraign Lord the King, His Heirs and Successors: And you shall faithfully, truly and justly, according to that measure of discerning and discretion God hath given you, be Assistant to the Governour for this present year, for the Execution of Justice in all Cases, and towards all persons coming before you, without partiality, according to the nature of the Office of an Assistant: Moreover you shall diligently, duely and truly see that the Laws and Ordinances of this Corporation be faithfully executed; and shall labour to advance the good of the several Plantations within the limits thereof; and oppose any thing that shall hinder the same by all due means and courses.

So help you God, who is the God of Truth and Punisher of Falshood.

[Page]

The Oath of Fidelity, or of any residing in this Government

YOu shall be truly Loyal to our Soveraign Lord the King, His Heirs and Successors; and whereas you make choice at present to Reside within the Government of New-Plimouth, you shall not do or cause to be done any act or acts, directly or indirectly, by Land or Water, that shall, or may tend to the destruction or overthrow of the whole, or any the several Plantations or Townships within the said Government that are or shall be orderly Erected and Established, but shall contrarywise hinder, oppose and discover such Intents and Purposes as tend thereunto, to the Governour for the time being, or some of the Assistants with all convenient speed. You shall also [...] unto and obey such good and wholsome Laws, Ordinances and Offi [...]ers as are or shall be established within the Limits thereof: So help you God, who is the God of Truth and Punisher of Falshood.

The Oath of a Freeman.

YOu shall be truly Loyal to our Soveraign Lord the King, his Heirs and Successors. You shall not speak nor do, devise or advise any thing or things, Act or Acts, directly or indirectly, by Land or Water, that doth, shall or may tend to the destruction or overthrow of these present Plantations or Townships of the Corporation of New-Plimouth; neither shall you suffer the same to be spoken or done, but shall hinder, or oppose and discover the same to the Governour and Assistants of the said Colony for the time being, or some one of them. You shall faithfully submit unto such good and wholsome Laws and Ordinances as either are or shall be made for the Ordering and Government of the same; and shall endeavour to advance the good and growth of the several Townships and Plantations within the limits of this Corporation, by all due means and courses. All which you Promise, and Swear by the Name of the Great God of Heaven and Earth, simply, truly and faithfully to perform, as you hope for help from God, who is the God of Truth and the punisher of falshood.

The Secretaries Oath

YOu shall faithfully Serve in the Office Secretary of the General Court and Council of this Colony of New-Plimouth, for this present year, and till another be chosen; You shall faithfully preseve and keep all such Books, Records, Files and Writings as shall be committed to your Custody; You shall truly Enter and Record all Acts, Graunts and Orders of the [Page] General Court, and whatever you shall receive Order and Direction from the said Court to do, you shall give true Copies of all such publick Records, [...], or Writings, which shall be in your custody unde [...] your hand at any persons Request; you shall not disclose the secrets of the General Court or Councils; you shall Extort no other Fee for doing any thing concerning your Office but what you shall be allowed by Law; you shall give your attendance at all such Courts and Councils, and shall faithfully do all things Appertaining to your Office: So, &c.

The Oath of the Recorder of the Court of Assistants

YOu shall faithfully Serve in the Office of Recorder of the Court of Assistants; you shall faithfully preserve and keep all such Books, Records, Files and Writings as shall be committed to your custody: You shall truely Enter and Record all Acts, Judgments, Verdicts, Fines and Sentences of the said Court; And whatsoever you shall Receive Order and Direction from the said Court or Order of Law to do, you shall Issue out and deliver all Executions & Orders of the said Court, & warrants, summonses in all such cases as by Law you ought; you shall give true Copies of all such Publick Records, Files and Writings, which shall be in your custody, under your hand at any Persons Request: You shall Record and File al [...] such Returns of Executions of Marshals or Constables, which Issued out of the said Court, and shall faithfully do all things Appertaining to your Office. You shall Extort no other Fee for doing any thing Appertaining to your Office but what you shall be allowed by Law, &c.

The Oath of the Clerk of the County Court.

YOu shall faithfully Serve in the Office of a Clerk of the County Court; You shall faithfully preserve and keep all such Books and Records, Files and Writings as shall be committed to your custody; you shall timely Enter and Record all Acts, Judgments, Verdicts, Fines, Sentences and Orders of the said Court, and all such Deeds, Ev [...]dences, Instruments and Writings which shall be brought to you for that End, which by Law you may or ought to Record; and also what you shall Receive Order or Direction from the said Court so to do; you shal give true Copies under your hand of all such publick Records or VVritings as shal be in your custody at any Persons Request; You shal Issue out and Deliver all Executions and Orders of the said Court, and Warrants and Summonses in all such Cases, as by Law you ought: You shall Record and File all such Returns of Executions of Marshals and Constables which Issued out of the said Court, and [...]hal faithfully do all things appertaining to your Office: You shal Extort no Fee for doing any thing appertaining to your Office, but what you are allowed by Law, &c.

[Page]

The Select mens Oath.

YOu being Chosen Select Men of the Town of Plimouth, you shall do equal Right to all Persons after your Wisdom, Skil and power in all such Cases as shall come before you concerning your Office according to the Laws here Established: You shall endeavour the due Execution of all such Laws as are committed to your Inspection as Select Men, so help you, &c.

The Oath of the Grand Jury

YOu shall faithfully Inquire into, and true presentment made of all things given you in charge; you shall present nothing of Malice or ill-will, your own counsel and your Fellows, in reference to this Oath you shall well and truly keep, so help, &c.

The Oath of the Chief Marshal

YOu shall be truly Loyal to our Soveraign Lord the King, His Heirs and Successors: You shall carefully endeavour the conservation of the Peace of our said Lord the King, as the head Marshal of the Colony of New-Plimouth; You shall Arrest all Traitors, Felons and Perturbers of the Peace, that you shall know or be informed of; and carry them before the Governour or some of his Assistants, and there attend such Order therein as shall be given you; You shall personally attend all General Courts, Courts of Assistants, Commissioners Courts, and the Governours person especially at such Courts; You shall readily Serve all Attachments, Summons's, Precepts and Warrants whatsoever, which you shall receive from the Governour, Assistant or others Authorized thereunto; You shall faithfully Levy, Collect and Gather all such Rates, Fines, Forfeitures, Wrecks and other dues whatsoever, belonging to this Colony, or which by Order of Law and Warrant from Authority you shall be required to do, and the same deliver unto the Treasurer or his Order, or party concerned; You shall truly Levy and Serve all Executions you shall receive from Authority, and the Money, Goods Chattels or Lands you shall Levy by such Execution, deliver to the party or parties to whom due or belonging; You shall carefully keep all persons which shall be committed to your Custody; You shall readily obey and execute all such Commands and Sentences of the Governour or any of the Courts, as according to your Office you ought to do by Law; You shall deal justly and uprightly, and without partiality in the Discharge of your Office; You shall extort no Fee, Gift or Reward for doing your Office, but only what you may take by order of Law.

[Page]

The Oath of the Under-Marshal, or Goal-Keeper.

YOu shall well and truly Serve in the Office of Under-Marshal and Goal-Keeper, for the Colony of New-Plimouth; You shall readily Receive into your Custody, all such Persons as by Warrant or Mittimus from Authority or Order of Law shall be brought to you, and them in safe Custody shall keep till they shall thence be delivered by due course of Law: You shall personally attend all such Courts of Assistants, and General Court, as shall be Holden at Plimouth: You shall Execute and Inflict all such Sentences and Punishments, as by Authority shall be adjudged to be Inflicted upon any Delinquents or Offenders, without favour or partiality; and shall take only such Fees for doing your Office as by Law are allowed: So, &c.

The Oath of a Constable.

YOu shall Swear to be Truly Loyal to our Soveraign Lord the King, His Heirs and Successors: You shall faithfully serve in the Office of Constable, in the Award of Plimouth, for this present year; during which time, you shall carefully endeavour the Conservation of the Peace of our said Lord the King. You shall Arrest all Traitors, Fellons, Perturbers of the Peace, and all other Suspicious Persons, that you shall know o [...] be informed of, and carry them before the Governour, or some one of his Assistants; and there attend such Order therein, as shall be given. You shall readily and truly Serve all Attachments, Summons, and Warrants whatsoever you shall receive from the Governour, Assistants or others Authorized thereunto. You shall faithfully Levy, Collect and gather all Executions, Rates, Fines, Forfeitures, which you shall Receive or have Order for; and the Money Goods, Chattels, or Lands so levyed, gathered or distrained, you shall deliver to the Party or Parties concerned, or to whom it is due. You shall readily Obey, and Execute all such Commands and Sentences of the Governours Assistants, or any of the Courts, as according to your Office you ought to do by Law, and shall faithfully endeavour the Execution of those Laws which refer to your Office; and in all things you shall deal justly and uprightly in the Execution of your Office: So, &c.

The County Marshalls Oath.

YOu shall be Truly Loyal, to our Soveraign Lord the King, his Heirs and Successors: you shall carefully endeavour the Conservation of the Peace of our said Lord the King, as the Marshal of the County of Plimouth. You shall Arrest all Traitors, Fellons, and Perturbers of the Peace that you shall know or be informed of, and carry them before the Governour, or some one of his Assistants, and there attend such Order therein, as shall be given you. [Page] You shall attend personally at all County Courts; you shall readily serve all Attachments, Summons, Presentments and Warrants whatsoever, which you shall Receive from the Governour, Assistants, or others Authorized thereunto: You shall faithfully Levy, Collect and gather all such Rates, Fines, Forfeitures, and other dues whatsoever, belonging to the County, or such as you shall by Order of Law, or Warrant from Authority, be required to do, and the same deliver unto the County Treasurer, or party concerned therein: You shall truly Levy and Serve all Executions you shall receive from Authority; and the Money, Goods, Chattels or Lands you shall Levy by such Execution, you shall deliver to the Party or Parties to whom due or belonging: You shall carefully keep all persons which shall be committed to your custody; You shall readily Obey and Execute all such Commands and Sentences of the said Authority, as according to your Office you ought to do by Law: You shall deal justly and uprightly, and without partiality in the discharge of your Office. You shall extort no Fee, Gift or Reward for doing your Office, but what you are allowed by Law.

The Oath of the Jury of Trials, between the King and Prisoner.

YOu shall well and truly try, and true deliverance make between our Soveraign Lord the King, and the Prisoner at the Bar, whom you shall have in Charge, and true Verdict give according to your Evidence: So help. &c.

The Oath of a Jury of Trials between Party and Party

YOu shall well and truly Try the issue between Party and Party, and true Verdict give therein according to your Evidence: So help, &c.

The Oath of a Jury to inquire of the Death of any Person.

YOu shall faithfully inquire how, or by what means, and in what manner, and when and where R. K. came by his Death, and if you find he was murdered, that you inquire by whom, and who were Accessaries; and that you shall true Verdict give according as you find: So help you, &c.

[Page]

To the Marshal of the County of P. Greeting:

WHereas A. B. of P. at the County Court held at P. the third tuesday of March last; by the Judgment of the said Court Recovered Debt, Damage and Costs, to the value of Pounds Shillings in Money against C. D. of M. as by Record of said Court appeareth;

These are therefore in His Majesties Name, to Require you on Receipt hereof, to repair to the House or Place of usual abode of the said C. D and there demand the said Sum, and two shillings for this Execution and your allowed Fees; and upon Refusal or Non-payment, that you Levy the same by Distress on the Goods and Chattels; and for want thereof, upon the Lands of the said C. D. according to Law: and for want of Estate, that you Levy it on his Body, and deliver him to the Keeper of His Majesties Goal at P. there to remain till satisfaction be made of the said Debt, Damages and Charges; and that you make a true Return hereof and doings hereupon to the Clerk of the said Court. Dated, &c.

Per Curiam R. B. Clerk.

§

TO the chief Marshal, or Marshals of the County of P. or Constable of S. &c. (you may put in only one of them as the case may be) Whereas A. B. of P. Complaineth against C. D. of M. in an Action of Debt to the Damage of five Pounds in Money, for Non-payment of fifty shillings in Money due to the said A. B. by Bill, Dated, &c. or by Book, or by Account, or by Covenant, or Contract, or for Money Lent, or the like; which the said C. D. unjustly detaineth.

THese are therefore in his Majesties Name to Require you on Receipt hereof, to Summon the said A. B. to make his Appearance at the County-Court, to be holden at P. the third Tuesday in March next; to answer the said Complaint: Hereof fa [...]l not, and make a true Return hereof, and doing hereupon to the said Court

Dated at P. &c.

Per Curiam. J. B. Clerk.

The Officers Return. This Summons was Served January &c. by M. R. L. Constable. Or for an Attachment.

THese are therefore in his Majesties Name to Require you on Receipt hereof, to Attach the Estate to the full value; and for want thereof, the Body of the said A. B. and take sufficient Security for his Appearance at the County court to be holden at P. the third Tuesday in March next, to answer the said complaint, and to be forthwith coming, six days after Judgment given in the said Case, to Respond the Judgment—Hereof fail not, and make a true Return hereof and doings hereupon to the said Court

Dated at P. &c.

Per Curiam. J. B. Clerk.

[Page]

The Return

I Have Attached the Goods or Lands of said A. B. at his House or Place of Abode, to sufficient Value, and left Summons

Or I have Attached the Body of said A. B. and taken sufficient Security

Or I have Attached the Body of said A. B. and delivered him to the Keeper of the Goal at P. for want of Security;

Per mee R. L. Constable.

§

KNow all Men by these Presents, that we A. B. & D. E. of C. Yoemen, &c. Are Holden, and firmly Obliged unto W. B. Marshal of the County of B or to T. T. Constable of S. in the penal Sum of [...] Pounds Currant Money of New-England, to the true Payment whereof, We B [...]nd our selves, our Heirs, Executors and Administrators, joyntly and severally, firmly by these Presents; Sealed with our Seals: Dated, &c.

The Condition of this Obligation is such, that if the above Bounden A. B. shall personally appear at the next County Court to be holden at B. to Answer R. F. in an Action of Debt, or, &c. and to abide Trial there, and at such Court as shall be Appealed to, till Judgment Entred, and shall be forth coming six dayes after Judgment, that then this Obligation to be void, &c.

THE TABLE.

[Page]

CHAPTER I.

The General Fundamentals.

NUMBER. 1. LAws to be made by the Freemen, or their Representatives. PAGE. 1.

NUMBER. 2. Annual Election by the Freemen. PAGE. 1.

NUMBER. 3. Justice to be equally and speedily Administred. PAGE. 1.

NUMBER. 4. None to suffer but according to Law, and by due cou [...]se and process of Law. PAGE. 1.

NUMBER. 5. All Trials to be by a Jury, and liberty to challenge any of them. PAGE. 1.

NUMBER. 6. What Testimony required in cases. PAGE. 2.

NUMBER. 7. Power to make Wills▪ except in Case. PAGE. 2.

NUMBER. 8. The great End of coming into this great Wilderness was, liberty to enjoy the pure Worship of God, &c. Therefore the Churches of Christ here to be protected in their peaceable, orderly walking; and the Ministers of the Gospel provided for. PAGE. 2.

NUMBER. 9. All the foregoing Fundamentals inviolably to be preserved. PAGE. 3.

CHAPTER II.

Actions.

NUMBER. 1. TItle of Land to be tryed in the County where it lyeth. Other Trials where one of the Parties dwells. Tryals before a Magistrate where. PAGE. 3.

NUMBER. 2. Time of Entry of Actions, Time of the Return of Warrants by the Officer. PAGE. 3.

NUMBER. 3. The Charge of Trials. PAGE. 3.

NUMBER. 4. Non Attendance on Actions, Penalty on the Plaintiff, and on the Defendant. PAGE. 4.

NUMBER. 5. What shall be ground of Non-Suit, and what not. PAGE. 4.

NUMBER. 6. No further Plea, after the Case is committed to the Jury. PAGE. 4.

NUMBER. 7. Warrants when to be served. PAGE. 4.

NUMBER. 8. Summons, or Attachments shall be a sufficient Warrant to bring any person to Answer. PAGE. 4.

NUMBER. 9. Plaintiff liberty to withdraw. PAGE. 4.

NUMBER. 10. Vexatious Suits. PAGE. 4.

NUMBER. 11. When Judgment to be Entred. PAGE. 5.

NUMBER. 12. Reveiws. PAGE. 5.

NUMBER. 13. Forreigners to give Security to Respond Costs before Summons, or Attachment granted on Penalty to the Granter. PAGE. 5.

NUMBER. 14. In Attachment of Goods, &c. Legal Notice to be given to the Parties concerned, and in what Case Execution shall be respited. PAGE. 5.

NUMBER. 15. Lands or Goods Attached, when to be released, and when not; and so of Bonds and Sureties; and how the Officer shall make his Return, and when he shall deliver the Person to the Jaylor. PAGE. 5.

NUMBER. 16. Attornyes allowed. PAGE. 6.

NUMBER. 17. Barretry to be punished. PAGE. 6.

NUMBER. 18. Who Bailable. PAGE. 6.

NUMBER. 19: No Leavy on Lands, where Goods to be found, nor Surety distrained, where Principal sufficient, nor Beast of Plow or Draughts, if others may be found. PAGE. 6.

NUMBER. 20. Repleving. PAGE. 6.

Age Ability.

NUMBER. 21. Age of Discretion. PAGE. 6.

Appeals.

NUMBER. 22. Liberty to Appeal. PAGE. 6.

NUMBER. 23. Who shall not sit as Judge, or Vote in Court appealed to. PAGE. 7.

Apprizements.

NUMBER. 24. How Apprizements of Land, or other state shall be managed. PAGE. 7.

CHAPTER III.

Bills and Bonds.

NUMBER. 1. DEbts by Specialty Good to Assigns. PAGE. 8.

NUMBER. 2. In what Case Actions for Debt, by Book, or Account to be brought within three years. PAGE. 8.

NUMBER. 3. Merchants, Tradesmen, and Dealers-Books; what Testimony sufficient thereunto. PAGE. 8.

NUMBER. 4. Debts to be paid in Specie. PAGE. 8.

NUMBER. 5. What Testimony good for a Specialty. [Page] What in some Criminals. PAGE. 1.

Bridges.

NUMBER. 6. Defeat in Bridges, and Highwayes to be presented, &c. PAGE. 8.

CHAPTER IV.

Capital Laws.

NUMBER. 1. IDolatry. PAGE. 9.

NUMBER. 2. Blasphemy. PAGE. 9.

NUMBER. 3. Treason. PAGE. 9.

NUMBER. 4. Conspiring against this Jurisdiction, and His [...]esties Authority here Established PAGE. 9.

NUMBER. 5. Willful Murd [...]r premeditated. PAGE. 9.

NUMBER. 6. Murder in sudden passion. PAGE. 10.

NUMBER. 7. Through Guile, or Poysoning. PAGE. 10.

NUMBER. 8. Witchcraft. PAGE. 10.

NUMBER. 9. Beastial [...]ty. PAGE. 10.

NUMBER. 10. Sodomy. PAGE. 10.

NUMBER. 11. False Witness. PAGE. 10.

NUMBER. 12. Man-Stealing. PAGE. 10.

NUMBER. 13. Cursing or Smiting Father or Mother. PAGE. 10.

NUMBER. 14. Willful Burning Houses or Ships. PAGE. 10.

NUMBER. 15. Articles in all Treaties of Peace to be inviolably kept by his Subjects. Felony to serve in Hostile manner; any Forreign Prince, &c. against those that are in Amity with his Majesty, without Licence. And to suffer pains of Death, unless Returning within the time Limited. PAGE. 11.

Treasons, Piracies, Felonies, &c. although committed on the Sea, if hither brought within this Colony, shall be proceeded against as if committed on the Land; by Commission to the Judges of the Admiralty, and others. Their Power and Indemnification. PAGE. 11.

The Ab [...]tors or Privateers to be punished at Accessaries. What is required of Commission Officers, in pursuance of this Act. Their power. PAGE. 12

Penalty of their Neglect: Penalty of Souldiers not obeying their Officers Orders in Execution of the premises. PAGE. 12.

CHAPTER V.

Childrens Education.

NUMBER. 1. SElect mens care, that all Children, and Servants be brought to read, and Catechised, or put out where they may. PAGE. 12.

Coopers and Casks.

Gage of Cask and Brand. 13.

Clerks.

NUMBER. 2. Clerks of Records to issue forth Warrants for Towns, to choose Jurors to serve on the Grand Inquest, and for Trya [...]. 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

[Page] NUMBER. 9. Constables to have the power of Water-Bayliffs. PAGE. 16.

Conveyances Fraudulent.

Conveyances Fraudulent not valid.

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 C [...]urts, Constitution and Power. PAGE. 16.

NUMBER. 2. Place and time of Sitting. PAGE. 17.

Election of Governours, &c. To Dissolve or Adjourn. 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-Courts.

NUMBER. 1. Counties and 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-court, the Names of Constable, Jurors, &c. chosen, and the names of Select-men to the Court of Election. PAGE. 21.

NUMBER. 9. Clerks of the County-court to be Recorders [Page] 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 [...] two Magistrates may gran [...] 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. ADultry, how to be punished. PAGE. 22.

NUMBER. 2. Fornication, how before Contract, how if they be, or will be Married, if after C [...]nt [...]act, lawful Contract what. PAGE. 23.

NUMBER. 3. Burglary, and open Robbery, how to be puni [...]hed, 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 breaking 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. Penalty 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.

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 first [Page] 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.

28.

Dures.

No Conveyance valid obtained by Illegal violence.

28.

CHAPTER IX.

Fairs.

Two Fairs annually at Bristol.

28

Fences.

NUMBER. 1 FEnces how sufficient, or bear the damage, in 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. PAGE. 29

NUMBER. 4 How, where, the first Improver Fenceth the whole. How, where, one ceaseth to Improve: What Remedy when one of the Improvers ceaseth to Fence his part:

NUMBER. 5 In what case no remedy. PAGE. 29

Fines.

NUMBER. 1 Fines to be forthwith paid or secured what to be paid in mony. PAGE. 30

NUMBER. 2 All Fines, Issues, &c. belonging to the Country, to be returned by them, before whom they fall, unto the Courts of Assistants, to be entred for the Treasurers notice thereof; and all had or made before the County-court, Magistrates or others shall be caused to be entred in the County-court, &c. and to belong to the County where they fall; except where the Law hath otherwise provided. PAGE. 30

Fishing.

NUMBER. 1. Whales, to whom they belong, and how. PAGE. 30

NUMBER. 2 Taking of Mackerill at unseasonable times, the time; the Penalty: none to draw a Shore Mackerill with Nets. PAGE. 30

CHAPTER X.

Highways.

NUMBER. 1 HIghways, in case to be laid-out by indifferent men chosen by the County-Court. PAGE. 31

NUMBER. 2 Town-high-ways between Neighbourhoods, how to be laid out. PAGE. 31

NUMBER. 3 Country Roads to be forty foot wide. PAGE. 32

NUMBER. 4 Surveighors of Highways to give three days warning. Penalty for Non-appearance, who to work at Highways; none to be warned to work twice, till all have gone over once. PAGE. 32

NUMBER. 5 Penalty of Surveighors neglect. PAGE. 32

NUMBER. 6 Those warned, where to appear, and what time to work. PAGE. 32

NUMBER. 7 Surveighors to give Account to the Select-men. PAGE. 32

NUMBER. 8 Country Highways to be laid out by a Jury, and an account thereof, together with the bounds to be presented to the Town clerk on Penalty, and he to send a Copy thereof to the Secretary, to be Recorded; and that none set any Gate or Fence athwart any such High-way, without Licence, on Penalty; and the Surveyors to renounce such Nusance PAGE. 32

Horses.

NUMBER. 1 Horses to be branded, markt and entred; Fees for entring, not to be carried away without a Ticket on Penalty. PAGE. 33

NUMBER. 2 Strays to be cryed, no Owner appearing how to be disposed and used. PAGE. 33

Stature of Stone Horses to go at large, on pain. PAGE. 34

NUMBER. 4 Horses Impounded, or not to pay [Page] Damage done. PAGE. 34

NUMBER. 5 Forreigners Horses, how to be dealt with. PAGE. 34

CHAPTER XI.

Inn-keepers.

NUMBER. 1 NOne to keep Ordinaries, or Retail Wine, &c. without Licence, on Penalty. PAGE. 34

NUMBER. 2 Ordinaries how to be provided. PAGE. 35

NUMBER. 3 Price of Beer, Wine and Liquors. PAGE. 35

NUMBER. 4 Penalty to suffer any to be drunk, or drink to excess; or stay Tipling in their Houses. PAGE. 35

NUMBER. 5 Who shall not be Dieted in an Ordinary, nor have Wine and Liquor, &c. drawn to them on the Lords day. PAGE. 35

NUMBER. 6. The disorderly and unruly in Ordinaries, to have their names returned to Court. PAGE. 35

NUMBER. 8 Inspecters of Ordinaries. PAGE. 35

NUMBER. 9 Servants and Children not allowed to buy or fit drinking in Ordinaries without Licence, &c. PAGE. 35

NUMBER. 10 Ordinaries Licence to be annually Renewed. PAGE. 36

NUMBER. 11 When to have their Houses cleared. PAGE. 36

NUMBER. 12 To whom they may not sell or deliver Wine, &c. PAGE. 36

Indictments, Presentments Complaints, &c.

NUMBER. 1 Presentments, Complaints to be made within a year, unless in case. PAGE. 36

NUMBER. 2 Persons Indicted on Capital Crimes must not withdraw, but surrender themselves on Penalties. PAGE. 36

Indians.

NUMBER. 1 Indians not to Powwaw or perform any Devil-Worship. PAGE. 37

NUMBER. 2 Not to Resort to English Houses on the Lords-Day. Nor to profane the Lords Day. PAGE. 37

NUMBER. 3 Not to be Night-Walkers. PAGE. 37

NUMBER. 4 Not to give any Ear-Mark to their Swine, nor sell any with their Ears cut off, dead or alive. PAGE. 37

NUMBER. 5 Government of the Indians, taking care of the Preaching of the Gospel to them; and of the Admission of Indian Preachers, and the obtaining and distributing such Contributions as are allowed to them, and with the Concurrence of the Principal Indians, to make Orders, and constitute Courts, Civil Rulers, and other Officers, to punish for Misdemeanours, &c. Provided the grieved party shall have liberty to Appeal. PAGE. 37

Fines on Indians how to be improved. PAGE. 37

NUMBER. 6 No Arms to be Sold to the Indians without Licence, nor sent, nor Ammunition Sold. PAGE. 38

NUMBER. 7 Nor in case have or carry Arms without Licence. PAGE. 38

NUMBER. 8 None to sell, hire, or give to any Indians any Boats, &c. PAGE. 38

NUMBER. 9 None to purchase, hire or receive of gift any Lands, of any Indian or Indians, without Licence, nor Wood or Timber. More upon the Title. PAGE. 39

Indians.

NUMBER. 10 None to sell any Mares to the Indians, nor they to keep any. PAGE. 39

NUMBER. 11 In Tryals between English and Indians, What Testimony to be accepted. PAGE. 39

NUMBER. 12 Indians not to be trusted, but under limitation; how their just Debts may be satisfied, their Lands not to be seized for Debts. PAGE. 39

NUMBER. 13. None to buy Guns, Tools, &c. of the Indians, on pain, &c. PAGE. 39

NUMBER. 14 Who to put young Indians to Service; none to take Indian Apprentices, but by a Magistrates Approbation. PAGE. 39

NUMBER. 15 Indian-Run-away-Servants, how to be dealt with. PAGE. 40

NUMBER. 16 None to furnish Indians with strong Liquors, &c. What Testimony sufficient for Conviction thereof. PAGE. 40

Lawful to seiz any Liquor, &c. found in an Indians hand. Indians falsly accusing any to be whipt. PAGE. 40

Jurors.

NUMBER. 1 Grand-Jury chosen and impannelled: Their duty. PAGE. 41

NUMBER. 2 Petty Juries impannelled and sworn to find according to their Evidence; liberty to give a special Verdict. PAGE. 41

NUMBER. 3 Jurors to be Fined, for neglecting to attend the Courts, and at the first sitting thereof; the Penalty of a Grand[Page]Jury-man, for not serving his Fees; the Court to appoint Jury-men in case of want. PAGE. 41

CHAPTER XII.

Lands and Inheritances.

NUMBER. 1 LAnds to be held according to the Tenor of East Green-wich. PAGE. 42

NUMBER. 2 Lands Entailed to descend according to the Laws of England. PAGE. 42

NUMBER. 3 Who are Heirs. PAGE. 42

NUMBER. 4 All Brothers of the whole Blood, Heirs to that Brother that dies witho [...] Issue PAGE. 42

NUMBER. 5 Lands distrained. PAGE. 42

NUMBER. 6 Lands in Partnership. PAGE. 43

NUMBER. 7. Liberty to sue out a Div [...]ion. PAGE. 43

NUMBER. 8 Escheats. PAGE. 43

NUMBER. 9 Conveyances to be acknowledged before a Magistrate. PAGE. 43

NUMBER. 10 In what case and time Land detained, may be sued for, and where and when barred. PAGE. 43

Leather and Shoomakers.

NUMBER. 1 Sealers of Leather to be chosen and appointed: Two Seals to be used, no Leather not sufficiently tanned to be Sealed; nor to be Sold till Sealed. PAGE. 45

NUMBER. 2 The Shoomaker that useth Unsealed Leather, to make recompence, and further to be punished. PAGE. 45

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 Marr [...]ed 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, on 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 Di [...]hes sealed.

49

Measures.

A Copper Standard to be procured, and other [Page] Measures that are allowed to be made by it.

50

Meeting-houses.

Meeting-houses to be Erected in every Town.

50

Ministers Maintenance.

Ministers Maintenance how to be raised; and how the Inhabitants, or some of them shall be Assisted in getting and maintaining an able Minister, and what to be done where the Inhabitants are negligent therein.

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 Spo [...]ing 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.

59

Town Affairs.

NUMBER. 1 Towne to make Orders. PAGE. 59

[Page] 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 o [...] 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 Telled, 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.

62

Witnesses.

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.

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.

Information about this book

Title statement

The book of the general laws of the jurisdiction of New-Plimouth, collected out of the records of the General Court, and lately revised: and with some emendations and additions established and disposed into such order as they may readily conduce to general use and benefit : And by order and authority of the General Court of New-Plimouth hold at Plimouth, June 2d. anno Dom. 1685. Reprinted and published; Nathaniel Clerk secrt'. : [One line of Scripture text]Laws, etc.

New Plymouth Colony.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2005-12.

ID [DLPS]

N00323

ID [TCP]

N00323

ID [STC]

Evans 397

ID [STC]

Wing N711A

ID [NOTIS]

APY9133

ID [IMAGE-SET]

397

ID [EVANS-CITATION]

99036695

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This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early American Imprints, 1639-1800 ; no. 397.

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(Evans-TCP ; no. N00323)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 397)

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Source

— The book of the general laws of the jurisdiction of New-Plimouth, collected out of the records of the General Court, and lately revised: and with some emendations and additions established and disposed into such order as they may readily conduce to general use and benefit : And by order and authority of the General Court of New-Plimouth hold at Plimouth, June 2d. anno Dom. 1685. Reprinted and published; Nathaniel Clerk secrt'. : [One line of Scripture text], Laws, etc., New Plymouth Colony..

Extent

[6], 75, [9] p. ; (4to)

Printed by Samuel Green.,. Boston in New-England: :: 1685.. (Seal of New Plymouth Colony on title page.)

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Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.