(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Acts and resolves passed by the General Court"

ACTS AND RESOLVES 



Province cf the Massachusetts Bay. 



Volume I. 
1692— 1714. 



THE 



ACTS AND RESOLYES, 

PUBLIC AND PRIVATE, 



Province of the Massachusetts Bay: 



TO WHICH AKE PREFIXED 



THE CHARTERS OF THE PROVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



rUBLISHED UNDER CHAPTER 87 OF THE RESOLVES OF THE GENERAL COUET 

OF THE Commonwealth for the Year 1867. 



YOLUME I. 



BOSTON: 

"WRIGHT & POTTER, PRINTERS TO THE STATE, 
79 Milk Street, (Corner of Federal.) 

1869. 



PREFACE. 



This edition of the acts and resolves of the Province of 
the Massachusetts Bay was partly prepared under chapter 43 
of the resolves of the General Court for the year 1865, which 
authorized the appointment of three or more commissioners 
"to prepare for publication a complete copy of the statutes 
and laws of the Province and State of Massachusetts Bay, 
from the time of the province charter, to the adoption of the 
Constitution of the Commonwealth, including all the sessions 
acts, private and public, general and special, temporary and 
perpetual, passed from time to time by the General Court; all 
incorporations of towns and parishes, and all other legislative 
acts of legal or historical importance appearing on the records 
of the General Court, with suitable marginal references to the 
statutes and judicial decisions of the Province and Common- 
wealth, the orders of the king in council, and to such other 
authorities as, in their opinion, may enhance the value and 
usefulness of the work; and to aj)pend to the same a com- 
plete index." 

The Commissioners appointed under this resolve were John 
H. CLirroED, Ellis Ames, and Abner C. Goodell; and their 
labors ended with the gathering and arranging of nine volumes 
of public acts, from June 8, 1692, to June 17, 1774, and a 
volume of tax acts from 1726, to Oct. 4, 1780, both inclusive, 
(which, under a subsequent resolve,^ have become the property 

« 1866, chap. 35. 



VI PREFACE. 

of the Commonwealth, and are now in the custody of the 
Secretary) besides five vohimes of manuscript extracts from 
the records commonly called the " General-Court Records," 
but which, for reasons hereinafter stated, have been uniformly 
referred to in this edition as the "Kecords of the Governor and 
Council" or, briefly, "Council Records." These extracts, it was 
thought, contained everything of record which might assist in 
interpreting the legislation of the Province, or illustrate the 
history and progress of our jurisprudence during the provin- 
cial period. 

The manuscript materials collected hj the above Commis- 
sion were fragmentary and disconnected; and, in strict observ- 
ance of the letter of the above resolve, which seemed to require 
exact copies, they could not be abridged or consolidated. 
Hence, in order to render them useful to the public, by the 
exclusion of much superfluous and irrelevant matter, and to 
aiithorize their arrangement in a form more convenient than 
the merely chronological order, it became evident that further 
legislation was necessary; and that the preparation of an index 
should be postponed until they had been thus properly com- 
bined and carefully edited. 

By the resolve of 1867, chapter 87, the obstacle above 
described was removed; and the subscribers were commissioned 
by Governor Bullock to carry out the purpose of that resolve, 
including the contracting for the printing of one volume during 
that year. The amount and nature of the manuscript materials 
to be published, and the method of their arrangement were 
left entirely to their discretion. 

The materials for this work were diflScult of access, espec- 
ially the printed portions which are extremely scarce. All 
former editions of the province laws have long been out of 



P K E r A C E . VII 

print; and perfect copies of most of them are not to be fonnd 
in our largest libraries. Still more rare are the printed acts of 
the sessions, from which the earlier editions were compiled; 
and without the use of the copies now in the Secretary's office, 
the subscribers could not have been sure of preparing, even 
if their labors had been much longer protracted, an edition so 
full and so satisfactorily tested, as the one here offered. 

The first edition of the province laws revised from the 
printed sessions-acts was published in 1699, in one small-folio 
volume, of one hundred and fifty-eight pages, besides the char- 
ter and a brief index. It was prepared, in accordance with an 
order of the General Court,^ by a joint committee consisting 
of the Secee^ary,- Elisha CooirE and Samuel Sew all, of 
the Council, and John Eyre, John Leveeett and John 
White, of the House. 

To this volume were added, from time to time, the printed 
acts of the sessions, in the form of supplements, paged con- 
tinuously, until 1713, when a new impression of the laws was 
ordered to be "made with all convenient speed, wherein all 
such laws as are repealed or expired shall be left out, and a 
proper index, calculated for the whole, annexed."^ 

The committee chosen to perform this labor were the Sec- 
retary, as before, and Penn Townsend, on the part of the 
Coimcil, and Addington Davenport, on the part of the 
House.^ This edition was completed, and distributed among 
the members of the General Court, and the several towns in 
the Province, by the fifth day of June, 1714,^ and is known 
as the edition of that year, 

' June 7, 1609. Council Records, vol. VH., p. 11. 
" Isaac Addington. 

' Nov. 5, 1713. Council Records, vol. IX., p. 290. 
* Jb., vol. IX., p. 329. 



Vni PREFACE. 

Before the next American edition appeared, an edition was 
prepared in London by direction and for the especial use of the 
Lords Commissioners for Trade and Plantations. This volume 
contains, besides the general title-page with an imprint dated 
1724, a title-page to the charter with an imprint dated 1721; 
but embraces no laws of a later date than 1719. It does not 
appear how large an edition of this book was published, but 
well-preserved copies are occasionally to be found on this side 
of the Atlantic, one of which, bearing the autograph of Alured 
Popple, who was Secretary of the Board of Trade at the date 
of its publication, has been used by the subscribers in the 
preparation of the present edition. 

Li 1722 a new and more perfect index to the edition of 
1714 and the supplementary acts, was prepared by Addington 
Davenport, Paul Dudley and the Secretary,^ and was delivered 
to each of the members of the General Court for the use of 
their respective towns.^ The following session^ an order was 
passed that all resolves in explanation of the laws be printed 
with the acts of that session; that, upon a new impression of 
the laws they be printed at the end of the acts they respec- 
tively refer to; and that the several towns be supplied with all 
the acts passed since the year 1714. 

Li 1725 the edition of 1714 had become exhausted and 
no complete copy was to be had of the stationers. At the first 
session of the General Court, that year, therefore, it was voted 
that a new impression of the laws then in force be "made as 
soon as may be;"* but no further action was taken until the 

' Josiah Willard. 

« Mar. 14, 1721-2. Council Records, vol. XI., p. 269. 

' June 26, 1722. Ih., p. 329. 

♦ June 8, 1725. Ih., vol. XII., p. 335. 



PREFACE. IX 

next session, when it was resolved that "a new impression 
.... be made with all convenient speed, wherein all such 
laws as arc repealed or expired shall be left out, and a proper 
index or table, calculated for the whole, annexed, and that 
Addingto:?^ Davenport and Elisha Cooke, esquires, be a 
committee to supervise the laws for that end and agree for 
the impression on the best terms they can." ^ 

This edition Avas distributed among the towns as the for- 
mer had been, and was completed early in January, 1727,~ or 
1726, O. S., the latter year being the date of the imprint. 

'No further revision was made during the next sixteen 
years, although several attempts to that end by the House, 
after 1733, were defeated by the non-concurrence of the Coun- 
cil.' In 1740, the Council* concurred in a resolve of the House 
for separate editions of the perpetual and temporary laws, with 
an amendment, however, which was rejected by the House. 
About three months later, a joint committee was appointed "to 
consider whether it be expedient that there be a new impres- 
sion of the laws of this Province, or only a new and correct 
table fitted to the volume of laws already printed, and to make 
report thereon;"^ and at the first session of the next General 
Court,° a vote, originating in the House, was passed "that it 
is necessary a new impression of the laws be made as soon 
as conveniently may be; that all such laws as are expired, 

' Dec. 24, 1725. Council Records, vol. XIII., p. 92. 

* Jan. 2, 1726-7. Memorial of Benj. Elliot, printer; lb. p. 293. 

3 June 2G, 1731. 2b., vol. XVI., p. 35; Jan. 25, 1736-7. lb., p. 349; June 30, 1737. 
lb., p. 505; Jan. 6, 1737-8. lb., vol. XVII., book 1, p. 148; July 3, 1739. lb., book 2, p. 
8; Mar. 19, 1739-40. lb., p. 2G0; July 11, 1740. lb., p. 382; Dec. 10 and 11, 1740. lb.,. 
pp. 462, 463; July 14, 1741. lb., book 3, p. 9. 

* Sept. 12. lb., vol. XVII., book 2, p. 429. 
5 Dec. 27, 1740. lb., p. 479. 

« July 17, 1741. lb., book 3, p. 19. 



X PREFACE. 

have been disallowed or rej)ealed, be left out of the hupres- 
sion; that a committee be appointed by this court who shall 
carefully revise the laws of this Province, shall make a good 
and correct alphabet, insert proper marginal notes and refer- 
ences, agree with some person upon the best terms to under- 
take printing the same at the charge of the Province, and 
shall correct the press." This edition was also to be dis- 
tributed as the preceding editions had been. 

The committee aj)pointed under this vote were Paul 
Dudley and Samuel Daneoeth. Subsequently^ John Read 
and Rowland Cotton were added by the House with the 
concurrence of the Council; and at the same session a vote 
was passed ^ authorizing the committee " to cause the tempo- 
rary laws and those that arc not so, to be bound up either 
in separate volumes or in one volume only, as, upon due 
consideration, they shall see fit." Still further powers were 
conferred upon the committee by an order passed at the follow- 
ing March session,^ wherein they were instructed to "con- 
sider what alterations may be properly made by drawing the 
several amendments of some particular laws into entire acts, 
as also what further alterations are necessary in such laws as 
respect fines, penalties, fees and wages, which by the late estab- 
lishment of lawful money will be greatly altered from the inten- 
tion of the Legislature in the days when those laws were made ; 
and the several acts relating to the establishing of and time 
and places for holding the several courts ; vizt., the Superior 
Court of Judicature, Court of Assize and General Gaol Deliv- 
ery, Inferior Court of Common Pleas and Courts of General 

1 July 30, 1741. Council Records, p. 44. 
« Aug. 7, 1741. lb., p. 65. 
3 March 27, 1742. lb., p. 283. 



PREFACE. XI 

Sessions of the Peace, into one entire act, and to report the 
same to the next Session of the General Court to advise and 
determine thereon." 

This edition, which Avas pubhshed in two volumes, is known 
as the edition of the acts, temporary and perpetual, respec- 
tively, of 1742. 

]^o attemjDt to again revise the laws appears to have been 
made mitil the year 1752,^ when Lieutenant-Governor Phips 
communicated to the Assembly an article of instruction which 
had been received from the Lords Justices of the Privy Coun- 
cil, directing the General Court " to consider and revise all and 
every the laws, statutes and ordinances which are in force, 
except such as are of a private nature, and in lieu thereof to 
frame and pass a complete and well-digested body of new laws 
under such regulations as the said instruction directs." He 
reminded the Council and Representatives that many of the 
laws are " obsolete, and others by frequent additions, expla- 
nations, amendments and alterations are rendered difficult to 
be understood and variously construed and practised upon." 
After recommending and submitting to them a copy of a 
plan of revision wdiich had "been executed by one of his 
Majesty's other governments^ with good success," he concluded 
by urging that " as it is a work that will require much time 
and close application," they could not too soon engage in it. 

The above recommendation, meeting with no response from 
either branch of the Legislature, was renewed a few weeks 
later/ whereupon the Council passed an order ^ appointing a 

' Dec. G, 1752. Council Kccords, vol. XIX., p. 500. 
« The Colony of Virginia. 

=* Jan. 3, 1753. Council Records, vol. XIX., p. 533. 
* lb., p. 534. 



Xn PEEFACE. 

committee to prepare an answer to the Lieutenant-Governor's 
messages, which order was never returned from the House. 

Later, the subject of revising the laws, according to the 
plan proposed by the Lords Justices, was renewed and ear- 
nestly pressed by Governor Shirley in a sjDcech^ to the Assem- 
bly fully setting forth the advantages of such a work, and 
arguing against numerous objections which seem to have been 
made by members of the Assembly, among which were these, — 
that the repeal of any portion of the new revision would work 
a repeal of the whole; and that the disallowance of the acts 
as revised would not revive the original acts which were to 
be repealed by the revision. 

A joint committee was appointed^ to consider this speech 
and to report at the next session " what it may be proper for 
this court to do thereon." Their report was made at the 
March session, 1754, and was referred without further action 
to the next session.^ In this report the committee approved 
of the Governor's proposal, so far as to recommend that the 
laws in force "be revised and where any amendments or alter- 
ations, either as to form or substance, shall be thought neces- 
sary in any particular laws, that such laws, and no other, be 
anew drawn and laid before the Court in order to their pass- 
ing on the same ; that particular regard be had to the sev- 
eral instances of perplexities in the laws as pointed out in his 
Excellency's speech, and that a committee of both Houses be 
now appointed for the services aforesaid, and be required forth- 
with to attend the same and to make report of their doings 
to the General Assembly of the next year."* 

' Jan. 18, 1754, Council Records, vol. XX., pp. 164-166. 
« Jau. 22, 1754. lb., p. 172. 
3 April 18, 1754. 76., p. 236. 
" Mass. Archives, vol. 47, p. 390. 



PREFACE. Xin 

The Governor once more called the attention of the As- 
sembly to this subject in 1756/ and again urged what he 
had " repeatedly recommended to former assemblies," adding 
that the condition of the laws was " not only dishonorable 
to the Legislature but must be of bad consequence to the 
people of the government ; " but although this appeal resulted 
in the reference of this subject to an able committee/ no 
further action appears to have been taken. 

In the mean time steps had been taken by the Assem- 
bly^ for the reprinting of the temporary laws ; and an order 
passed in 1754/ that the Speaker (Thomas Hubbard), Sajm- 
UEL Wells and James Otis, on the part of the House, and 
Samuel Danforth and Joseph Py:n^chon, on the part of the 
Council, " be a committee, as soon as may be, to cause such of 
the laws now in force which have not been bound up either 
among the temporary or perpetual laws to be inserted in their 
proper places ,* and if any of them are out of print to cause 
the same to be reprinted ', and that the titles of such laws 
be inserted in a i^age at the beginning of the respective law- 
books." This was followed, the next session, by an order ^ 
appointing and instructing the same committee " as soon as 
may be to cause the temporary laws to be reprinted," and a 
year later this edition, known as the edition of 1755, was 
completed'' and ordered to be distributed. An index was pre- 
pared for this volume, under an order subsequently passed,^ 

' Aug. 21, 1756. Council Records., vol. XXI., p. 250. 

* This committee, appointed Aug. 2G, 1756, consisted of Samuel Danforth, Stephen 
Scwall and William Brattle, of the Council, and the Speaker (Thomas Hubbard), Samuel 
Wells, Jeremiah Gridley, James Otis and Thomas Flucker, of the House. 

3 Dec. 13, 1753. Council Records, vol. XX., p. 109. 

* Jan. 24, 1754. lb., p. 175. * April 9, 1754. lb., p. 205. 
Order to the printer, Apr. 24, 1755. lb., p. 437. 

' May 30, 1755. lb., vol. XX., p. 456. 



XIV PREFACE. 

by Samuel Danforth, who also prepared the indexes to the 
edition of 1742.^ 

The next action taken by the Legislature respecting a 
revision of the laws was in the December session, 1758, when 
an order, originating in the House, was passed " that there 

be a new impression of the perpetual laws," and 

Pratt,^ Thomas Goldthwait and Thomas Flucker, of 
the House, and Samuel Danforth and Stephen Sewall, 
of the Council, were appointed a committee for that purpose,^ 
and ordered to employ a proper person "to prepare an index 
of the heads of the laws." This edition, which is known as 
that of 1759, the date of the imprint, was finished and ordered 
to be distributed April 9, 1761.^ 

During the session at which the above order for printing 
the perpetual laws was passed, a committee was appointed to 
revise the temporary laws and "make report what laws are 
expired or near expiring and which of them they shall judge 
best to be revived and made temporary, and which of them 
they shall judge expedient to be made perpetual."'^ This and 
two other attempts made during the next four years were 
equally unsuccessful, and it was not until the May session, 
1763, that the order passed for " a new impression of the 
temporary laws, with a table to the same " ; '^ and Thomas 
MoREY, Thomas Goldthwait, and Thomas Clapp, of the 
House, and William Brattle and Tho3ias Flucker, of the 

' Memorial of Samuel Danforth, Feb. 3, 1764. Council Records, vol. XXV., p. 190. 

2 Whether Thomas, of Maiden, or Benjamin, of Boston, it does not appear; but 
probably the latter, who was, afterwards, Chief Justice of New York. 

3 Feb. 10, 1759. Council Records, vol. XXII., p. 560. 

4 lb., vol. XXIII., p. 709. 

5 Jan. 9, 1759. lb., vol. XXII., p. 470. 
e May 30, 1763. lb., vol. XXV., p. 11. 



PKEFACE. XV 

Council, were appointed to superintend the j)ubli cation thereof. 
This edition is known as the edition of the temporary laws, 
of 1763. 

Subsequently, and prior to the Revolution, several attempts 
were made to revise the provincial laws, and to correct the 
errors and supply the omissions of the old editions, but with- 
out success.^ At the May session in 1771 a committee 
reported through James Otis, a member thereof, " that they 
find a great number of the standing laws omitted in the last 
impression, and some in the impression of the last but one, of 
the perpetual laws, and also some laws left out of the last 
impression of the temporary laws, and therefore are humbly of 
opinion that it is absolutely necessary that there should be a 
completely new impression of the perpetual and temporary laws 
of this Province, and that a committee of this court be 
aj)pointed to transact the business in the recess, so far as to 
revise said laws and make a full collection of the same, and 
to report at the next session of this court what of said laws 
are necessary to be printed."^ This report was accepted and 
a committee appointed accordingly, which failed to receive the 
Governor's approval.^ In 1773 an order was passed to the 
same effect, in the preamble of which it was declared that 
" many towns and districts within this province are destitute 
of the province laws, they being out of print and not to be 
purchased ; " but this order also failed to meet the approval 
of the Governor and was the last action, looking to a revision 
of the laws, that was taken before the Revolution. 

1 June 21, 1771. Council Records, vol. XXIX., p. 71; June 3 and 5, 1772. /&., pp. 
239 and 243; Mar. 5, 1773. Ih., p. 5G3. 

2 June 21, 1771. Ih., vol. XXIX., p. 71. 

3 March 5, 1771. Ih., p. 503. 



XVI PREFACE. 



After the adoption of the Constitution, which provides^ 
for the continuance of " all the laws which have heretofore 
been adopted, used and approved in the Province, Colony or 
State of Massachusetts, until altered or repealed by the Legis- 
lature ; such parts, only, excepted as are repugnant to the 
rights and liberties contained " in the Constitution, the first 
published collection of the province laws appeared in the appen- 
dix to the edition of the laws of the Commonwealth, known as 
the edition of 1801. This edition was prepared by I^athan 
Dai^e, George Richards MmoT and Joiix Davis, under 
the resolve of Feb. 28, 1799, authorizing the publication of 
"a new edition of the Statute Laws of this Commonwealth, 
passed or to be passed previous to the end of the present ses- 
sion of the General Court, revised or unrevised." The acts 
and clauses of acts printed in the appendix purported to be 
only those of the "late Colony, Province or State of Massachu- 
setts which are either unrevised, or respect the title to real 
estate," divided into eighty-two chapters and contained in two 
hundred and thirteen pages, at the end of the second volume. 

This edition was reprinted, in 1807, by order of the Legis- 
lature, and continued to be the only collection in use until it 
was superseded by the more complete edition of 1814. 

The edition last named was prepared by I^athan Dane, 
Joseph Story and "William Prescott, under the resolve 
of Jan. 15, 1812, and was ixiblished under the title of "The 
Charters and General Laws of the Colony and Province of 
Massachusetts Bay." The principal labor of editing this use- 
ful work it is understood was entrusted to the Hon. James 
Savage, who of all those immediately employed upon the work 
alone survives. 

» Chap. VI., Art. VI. 



PREFACE. XVII 

This volume contained, besides the charters of the Colony 
and Province, laws of both governments, and acts passed dnr- 
ing the Revolution, extending through six hundred and sixty- 
eight pages, the first one hundred and seventy-one pages of 
which were of laws and clauses of laws of the Colony ; and 
an appendix of one hundred and twenty-two pages, containing 
acts and other legislative proceedings not included in the pre- 
vious chapters. This edition has long been out of print. 

From the foregoing sketch all that has been herein be- 
fore said of the extreme scarcity of the early impressions will 
be readily inferred. It is, perhaps, impossible at this day to 
collect a perfect series of the printed acts as they were issued 
at the end of each session during the provincial period, and 
the collection above referred to as deposited in the Secretary's 
office, in which several of the missing sessions-acts have been 
supplied either in MS. or from the revised editions, is ]3roba- 
bly more nearly perfect than it is possible to make another.^ 
Among the papers of the Privy Council and Board of Trade 
now preserved in the Public Record Office in London, a few 
scattered leaves of these printed laws are all that have been 
discovered of those which were required, by the Charter and 
the orders in Council, to be sent to England for the Royal 
approval or disallowance. 

"With regard to the early editions, those of 1699 and 
1714 are among the rarest of rare books; and the copies of 

^ Tlie collection above referred to contains copies of all the sessions-acts in the 
order in which they were printed during or after the several sessions ; but it does 
not include acts printed, separately, for special purposes, which were not embraced in 
the sessions-pamphlets, nor original impressions of the sessions-acts between 1G97 and 
1699 (which arc supplied by MS. copies of the original impressions,) nor original impres- 
sions of the sessions-acts printed from and after the May session of 1711-12 until the 
May session of 1714, which are not known to be extant. These last arc supplied from 
later editions. 



XVIII PREFACE. 

them now extant, like those of the later editions, are nsiially 
found without the supplements. The value of a complete col- 
lection of the supplements will be more apparent after the 
statement that of the public acts printed in the first volume 
of the present edition, the engrossments of thirty-eight have 
been missing from the Secretary's office more than forty j^ears, 
and of these the original bills of two only have been found ; 
and the precarious character of the only materials now avail- 
able to an editor of these laws is further shown by the fact 
that in the same volume about fifty acts do not appear to 
have been previously printed. 

The subscribers were saved much labor in transcribing, 
by the liberality of the Essex Institute, the library of which 
contained a large collection of the old editions, including 
some volumes formerly owned by members of the commission 
for printing the edition of 1814, all of whom were members 
of the Essex bar and contributors to the library of the Essex 
Historical Society, which was merged into the Institute. Upon 
representing the nature of the work in which they were 
engaged, and the important use which could be made of the 
rarer editions and supplements owned by the Institute, towards 
completing the series which was being prepared for the Com- 
monwealth, and in furnishing the printers with " copy," the 
subscribers were promptly supplied with all the materials they 
asked for. 

So far as was practicable all the laws of this edition have 
been carefully compared with the original engrossments : the 
exceptions are those acts the engrossments of which are miss- 
ing, and seven others, being all that remain of sixteen acts 
which in 1735, had either been lost, or so damaged by vermin 
and otherwise as to have become illegible, and which were 



PREFACE. XIX 

then re-engrossed by Mr. Secretary "Willarclj under an order of 
the General Court, and therefore cannot strictly be considered 
originals. Comparisons have, nevertheless, been made with these 
in the same manner as with the original engrossments, and all 
dilFerences in important words, syllables or letters between the 
MSS. and the printed acts have been carefully marked: all in- 
terpolations in the printed acts, in Italic letters, inclosed in 
brackets; [tJius^; and all omissions, in Roman letters, similarly 
inclosed; [thus]. 

Each act, also, requiring division has been divided into 
sections, except 1693-4, chap. 3, which was originally thus 
divided ; and the punctuation and use of capital letters have 
been corrected according to modern usage, except in a few 
instances of unpublished acts, which were literally followed. 

With regard to the charters, however, the subscribers did 
not feel authorized to vary from the originals in any respect. 
By the well-known maxim that all instruments are to be con- 
strued, in the law, without reference to punctuation, these 
instruments ought to be sufficiently intelligible though totally 
devoid of points. The subscribers, therefore, in strictly follow- 
ing the unpunctuated MSS. have, without rendering any clause 
more ambiguous than the original, thus avoided the errors into 
which an attempt to punctuate might lead, as it did in the 
copy of the charter of 1691 in the edition of 1814, where at 
least one such error is retained from former editions. In the 
charters, also, the words inclosed in brackets are such as are 
omitted in the manuscripts, being generally supplied from 
former printed copies. 

An important error in the duplicate charter of 1691, pre- 
served in the Secretary's office, is for the first time, it is be- 
lieved, pointed out in the note to chapter 4, of the acts of 



XX P R E r A C E . 

1698, although not corrected in the body of the instrument as 
herein printed. 

The attestation and signatures of the Lords Commission- 
ers of the Great Seal, which have been omitted in previous 
editions of the charter, are here inserted. 

In typography and size of the page these volumes have 
been made uniform with the General Statutes of the Com- 
monw^ealth; and in the arrangement of the laws, as a general 
rule, all acts heretofore printed have been placed before the 
unprinted acts of the same session although the latter were, in 
many instances, passed previously. 

In other respects the arrangement of the acts is not strictly 
chronological, nor could it be made so without disarranging the 
order uniformly pursued in the early editions. Even the edition 
of 1814, which professes to be thus arranged, is clearly not so. 
Ko reason has been discovered for the adoption of the appar- 
ently irregular sequence of the laws in the printed sessions-acts 
and in the subsequent editions; but it was not deemed advisa- 
ble, in this particular, to institute a change which would be 
neither important nor useful to the pubhc at the present day, 
and which would add to the labor of editing, and render a 
comparison with former editions and with contemporaneous doc- 
uments relating to onr laws, both here and in the Public 
Record Office, more tedious and perplexing. 

"With regard to the enumeration of the chapters the sub- 
scribers deemed it desirable, in order to avoid confusion and 
to facilitate reference, that some period longer than one session 
should limit each series. Though they were well aware that 
every session is a separate court, and that both precedents 
and analogy favor the grouping of acts accordingly, except in 
cases of revision or consolidation of the laws, still, in a work 



PREFACE. XXI 

embracing so long a period as the duration of the Province, 
the great number of sessions and the comparatively few acts 
passed at each session, seemed to require a more convenient 
method of arrangement, even though there were no omission of 
acts, as in former editions, where, partly on this account, the 
chapters were enumerated by years or consecutively through- 
out the volume. The system of division which, upon the 
whole, seemed most proper and convenient was, according to 
the assemblies in vuliich they ivere, respectively, enacted. All 
the acts, therefore, of each separate assembly have been num- 
bered consecutively, and, at the same time, the several sessions 
have been marked by distinct captions. A similar system was 
adopted in the revision of the general laws of the Common- 
wealth, in 1823, except that in that edition the sessions are 
not designated, and the period through which the acts of the 
respective courts are numbered, coincides, invariably, with the 
political year, — a circumstance rendered unavoidable by the 
provisions of the Constitution, under which but one general 
court can assemble in any one year, whereas, under the prov- 
ince charter, more than one assembly might be convened in 
the course of twelve months, each of which might enact 
laws. Such extraordinary courts were actually held under the 
charter, but so seldom, and then with such attendant circum- 
stances, as to make the question of a possible difficulty in 
applying the above system practically unimportant. 

The following are believed to be the only instances of the 
issuing of writs for a second assembly to be held within the 
year; viz., Nov. 8, 1603; Mar. 10, 1702-3; Dec. 15, 1714; July 
13, 1720; Aug. 23, 1721; Nov. 22, 1727; Feb. 10, 1730-31- 
July 8, 1741. By the third and seventh of these assembliet. 
no acts were passed, and by the rest, acts were passed after 



XXn P E E F A C E . 

the last day of December in the political years in which they 
were, respectively, held; Avhich acts may readily be distinguished 
from the legislation of the previous assemblies, by the double 
numeration of the year, indicating the old style. 

A more difficult problem was the devising of some simple 
and uniform method of enumerating the acts according to the 
year of the reign of the sovereign under whom they were 
passed, agreeably with the English practice which was, of 
course, followed here in provincial times. Obstacles in the 
way of this attempt were found in the different numbers 
applied to the same chapters in different former editions, and 
in the want, in those editions, of uniformity in the periods 
of enumeration. There were other difficulties, ])ut it appear- 
ing that these incongruities had not been avoided either in 
the marginal notes or, even, in some of the acts, the attempt 
to harmonize them was abandoned. 

To illustrate the difficulties above-mentioned by a few 
examples taken at random: the acts of the May session, 1727, 
arc uniformly placed, in former editions, under 13, Geo. I., 
but, since the demise of the crown occurred on the eleventh 
of June, all acts of this session passed after that date should 
be referred to 1, Geo. II., if the regal year is strictly fol- 
lowed; but if the integrity of each session is to be preserved 
regardless of the termination of the regal year within it, then, 
clearly, there is no propriety in enumerating 1692-3, ch. 46, 
(which is really 5, W. & M., chap. I.,) as 4 and 5, "W. & 
M. — a practice pursued in this and similar cases in all former 
editions except the last, and sanctioned by its adoption by the 
Legislature either in the preamble or in the body of several 
acts, in imitation of the usage of Parliament. Still less con- 
gruous, in the edition of 1712, is the numbering as chapter 



P R E P A C E . XXin 

I., both, the Ad to ^9r6^•e?i^ coparceners, &c., from committing 
waste, (jjc., passed at the October session, 1727, and the Act 
in addition, &c., to the act for liigliivays, passed at the 
N^ovember session, of the same year, (which, as has been 
said, was the first year of George the Second,) while in this 
and other editions, consecutive enumerations are made of acts 
passed by different assemblies.^ 

The non-observance of strictly chronological order in the 
arrangement of the acts, as previously stated, presented still 
another difficulty; thus, 1711-12, chap. 1, of the present edition, 
would be 10 Ann., ch. I., and chapters 6, 7, and 11 would be 
11 Ann., chapters I., 11. and III., respectively, if arranged 
according to the dates of their enactment. Again, the effect 
of the omission of acts repealed or expired is shown in the 
editions of 1726, 1742, and 1759, where 1711-12, chapters 2 
and 5, of this edition, are given as 10 Ann., chaps. II. and 
lY., 10 Ann., chaps. I. and II., and 10 Ann., chaps. II. and 
III., respectively. 

It would seem that it must always have been inconvenient 
to number the acts of the provincial legislature according to 
the year of the sovereign's reign. This practice obtained in 
Parliament where, before the 7 and 8 "Wm. III., ch. XV., and 
6 Ann., ch. YII., a dissolution followed, ipso facto, a demise of 
the crown: and at all times before and since those acts the 
royal flat was necessary to the passing of an act, so that, since 
where no act of legislation had been performed there could be 
no session, all acts were referable to some year or years of a 
particular sovereign's reign, to be determined by the dates of 
the beginning and end of the session in which they vfere 

' For instance, November Session, 1731, and May Session, 1732, in the editions of 
1742 and 1759. 



XXIV PREFACE. 

passed. The parliament could be apprised of the death of the 
sovereign as soon as a message could be conveyed from the 
royal bed-chamber to Westminster, and could take immediate 
action accordingly; but the legislatures of distant provinces 
could not receive the tidings until weeks or months had inter- 
vened, during which time legislation might have proceeded as 
under the late sovereign. This was actually the case in the 
May session, 1727, before alluded to. 

Much confusion and useless labor, therefore, it is thought, 
have been avoided in this edition by referring all dates to the 
Christian era, simply; and by appending to each volume a chro- 
nological table showing the date of every demise of the crown 
during the period in which the acts therein contained were 
passed and giving the calendar date of the beginning and end 
of every year of each sovereign's reign. 

The marginal notes of the old impressions have been re- 
tained because, having been prepared by competent persons, in 
most cases contemporaneously with the acts against which they 
are placed, and having been approved by succeeding assemblies 
and adopted by the compilers of later editions, they appeared 
to be nearly of equal authority with the acts themselves. Kef- 
erenecs to other acts have, however, been made according to 
the enumeration of this edition. 

All reported decisions of the Supreme Judicial Court in 
which any act of the Province is referred to, have been noted 
in the margin opposite the act or section to which they relate. 
Occasionally, also, cases have been noted wherein some point 
was determined which appeared to have been covered by an 
act, although the act was overlooked or not referred to in the 
report; for instance, the references to 1 -Gray, 119, in 1691:-5, 



PREFACE. XXV 

chap. 5, § 5, and to Commonwealth v. Manning/ in 1698, chap. 
2, in this vokime. 

Since, by the charter, all acts that were disallowed by the 
crown within three years after having been laid before the 
Privy Council, were upon notice of such disallowance to the 
Governor for the time being, ijjso facto, repealed, the date of 
every such disallowance has been placed in the margin, and 
the reasons given therefor have been set forth in a note at the 
end of the chapter, verbatim, from the orders in council or from 
the "representations" or letters of the Lords of Trade. 

At the end of each act the date of its passage is given 
and, where the same could be ascertained, the date of its publi- 
cation; also, when the bill was not signed on the day of its 
passage, the date of the Governor's approval is added. 

The publication herein referred to was not the distribution 
of the printed acts, after each session, but the public proclama- 
tion, made by an authorized officer, at the town-house, in the 
market-place, or elsewhere, according to ancient usage.^ 

After the last chapter of the acts of every assembly such 
other notes are given as, it was thought, would serve to illus- 
trate the history and meaning of any acts and the purposes 
for which they were passed, and show the objections made 

» Essex Co., 1794, 3 Dane Abr., ch. 71, art. 5, §§ 8-10. 

* In 1673, the General Court ordered that all laws and orders of every session, 
thought fit to be published, be " read in the markctt place at Boston vpon the fifth day, 
being a lecture day, w"'in ten dayes after the end of such sessions, which, being per- 
formed, is and shallbe accounted sufficient publication." — (Mass. Colony Becords, vol. IV., 
part II., pp. 562-3; . According to the ancient practice, in England the sheriflT made 
proclamation by virtue of the king's writ. Mar. 15, 1700-1, IMr. Sheriff Gookiii was 
allowed £3 for his expense in publishing the acts; and in 172G John Dorrell, deputy 
sheriff, was allowed £7 13.9. 6d. for cash paid for beating drums, and for his own service 
in publishing the acts of the General Assembly. — Council Hccords, vol. VII., p. IGG, and 
vol. XIII., p. 160. 

d 



XXVI P K E F A C E . 

against them, whether here or in the British conncils ; and 
how they were affected by subsequent orders, determinations 
and declarations of the General Court, many of which are not 
known to have been printed. 

The materials for these notes are, principally, from tAVO 
sources; viz., the records of the Governor and Council previ- 
ously alluded to, and the archives of the Public Record Office, 
London, which contain, besides other useful memoranda, the 
books and files of the Privy Council and of the Lords Commis- 
sioners for Trade and Plantations. 

The former, though usually called " General-Court Pec- 
ords," are properly the legislative records of the Governor and 
Council, and do not contain any doings of the House except 
such as were communicated by message or otherwise, or were 
done jointly with the Council. The proceedings of the House 
were separately recorded in its Journals which were regularly 
printed after the year 1714. 

These records of the Council, however, should not be con- 
founded with another series of records, in the Secretary's office, 
of their doings in their executive and judicial capacity. 

The records referred to consist of duplicate series, one of 
which remains in the Secretary's office, the other being depos- 
ited in the State Library. The latter, which seemed to bear 
indications of being the original record, is the series uniformly 
referred to in this edition with the exception of vol, XVH., 
which is missing from that series, and which, about twenty years 
ago, was supplied from the British archives to complete the 
series in the Secretary's office. The copy of vol. XVH. so 
obtained is in five books, although but one number is allowed 
in either series' for the missing records. These have been re- 
ferred to as " vol. Xyil., books 1, 2, 3," &c. 



PKEFACE. 



xxvn 



As all bills passed to be enacted were presented for the 
Governor's approval and thus became of record m the upper 
branch of the Assembly, these records of the Governor and 
Council furnish data of great use in determining the time of 
passage and approval of acts, and in testing the completeness 
of the series of acts here collected. 

From these records all extracts have been given verhatim; 
and, in the words of a distinguished historian, and son of one 
of the commissioners to prepare the edition of 1814, the sub- 
scribers "have scrupulously conformed to the ancient orthog- 
raphy, however obsolete . . . rather than impair in any degree 
the integrity of the original document." ^ 

Several of the resolves which, in this edition, are printed 
in the notes to the acts to which they relate, were printed in 
accordance with the order of May session, 1722, herein before 
referred to, but as the paging of former editions is so various, 
no reference has been made to their places in those editions.^ 

The materials from the Public Record Office were obtained 
by the assistance of "W. Koel Sainsbury, esquire, of that office, 

' Prescott's Conquest of Mexico, preface, p. 10. 

* Tlie following table exhibits the numbers of the pages in the sessions-books, and 
In the various editions of the laws, upon which all the resolves contained in the present 
volume, which have been heretofore printed, may, respectively, be found: — 



DATE 


OF KESOLVE. 


Act referred to. 


Session 
I'agc. 


ITll. 


ITSC. 


i-y^s. 


1750. 










Page. 


Page. 


Pas". 


Page. 


June 22 


1704, . 


1G92-3, ch. 22, 


282 


15 


15 


15 


14 


Aug. 15 


1707, . 


1G92-3, ch. 28,, § C, 


318 


19G 


193 




- 


July 2 


1708, . 


1099, ch. 1, . 


324 


200 


112 


lOG 


95 


May 28 


1718, . 


1700, ch. 4, . 


3GG 


- 


141 


126 


113 


Dec. 1 


1720, . 


1G98, ch. 11, . 


3G6 


- 


- 


- 


- 


Mar. IS 


1720, . 


1C99-1700, ch. 2G, . 


3G7 


- 


134 


- 


- 


Dec. 2 


1720, . 


1G92-3, ch. 28, § 4, 


3G7 


- 


23 


24 


22 


Mar. 27 


1722, . 


170G-7, ch. 4,. 


3G7 


- 


190 


IGO 


154 



XXVIII PREFACE. 

whose relations to the department in which he labors are such 
as to give to copies made by him or under his supervision the 
authority of official transcripts. 

With these general notes are also printed the titles of all 
private acts passed by each General Court, and of all public 
acts no copies of which have been found; lists of all engross- 
ments, preserved or lost; and lists of such acts as are believed 
to be here printed for the first time ; ^ together with occasional 
references to unpublished MSS., and to such historical works 
and collections as contain matters in explanation or corrobora- 
tion of statements made upon other authority. 

All acts of Parliament in force in or affecting the Province; 
all private acts, in full ; all votes of the General Court granting 
lands, establishing districts, precincts and parishes, and determin- 
ing territorial l30undaries ; all votes, in the nature of declaratory 
acts or judicial decisions, concerning the interpretation of the 
chai'ter, the rules of the common law, and the jurisdiction and 
powers of the judicial courts ; all executive action in respect 
to the organization of tribunals and the appointment of public 
officers in which, by the charter, the legislature had no part; 
and all decisions of parliamentary law, are reserved for the 
appendix ; to which it has been deemed proper to add a com- 
plete list of the sessions of the General Court, and such mat- 
ters of historical importance, found in the public records, as 
seemed of use to illustrate the progress of civilization, the 
amelioration of laws and manners, and the action of physical 

' Although, ill the notes above mentioned certain acts are said to be printed for 
the first time, in this edition, this statement is to be understood to imply, merely, that 
the editors have no knowledge that those acts Avere previously printed. In most cases, 
it may be added, the enumerations of the pages of the sessions-acts show that those 
publications could not have included the acts supposed to be unprinted; and the editors 
have found no evidence that the latter were printed separately. 



PREFACE. XXTTT 

causes which affect society directly, or in their operation upon 
the sources of human comfort and sustenance. 

It is a matter of gratulation, surely, that the original en- 
grossments of the province laws, incomplete though they be, 
have so generally withstood decay and the ravages of vermin, 
and have been preserved from the conflagrations Avhich, more 
than once, during the provincial period destroyed so many 
valuable public records and files • and it is not less fortunate 
that there were societies and individuals interested in the 
preservation of the printed acts, before the late improvements 
in paper-making had increased their value for the manufacturer's 
jmrposes. 

Of the present attempt to render the permanent existence 
of these acts more certain, the subscribers desire to express the 
hope that the fidelity with which they have performed the 
duty entrusted to them will prove to be commensurate to the 
importance of the subject of their labors, and that the use- 
fulness of this work has not been impaired by any wrong or 
imperfect conception of the needs of the profession or of the 
desires of the public. 

ellis ames. 

ab:nek chekey goodell. 

BosTOi^^, March, 1869. 



PROVINCE CHARTERS. 



169I AND 1726. 



THE CHARTER OF THE PROVINCE 



MASSACHUSETTS -BAY. 




illtam $^ itlars bg tl)e grace 

of God King and Queene of England Scotland 
France and Ireland Defenders of the Faith &c ®0 
nU to whome these presents shall come Greeting 
U^hiCVifHiSi his late Majesty King James the First Our 
Royall Predecessor by his Letters Patents vnder the Greate Scale of Kecitaithat 
England hearing date at Westminster the Third Day of November granted to the 

^ T^ • T /-I • -, r-i Council at Ply- 

Ill the Eighteenth veare of his Reigne did Give and Grant vnto the mouth m Dev- 

" ■' onshire 

Coiincill established at Plymouth in the County of Devon for the 
Planting Ruleing Ordering and Governing of New England in 
America and to their Successors and Assignes all that part of America 
lying and being in Breadth from Forty Degrees of Northerly Lati- 
tude from the Equinoctiall Line to the Forty Eighth Degree of the 
said Northerly Latitude Inclusively, and in length of and within all — aii that part 

•' "^ ' T n m of Amencafrom 

the Breadth aforesaid throughout all the Mam Lands from Sea to 40 to is degrees 

'-' north latitude, 

Sea together alsoe with all the firme Lands Soiles Grounds Havens and from eea to 

° sea, 

Ports Rivers Waters Fishings Mines and Mineralls aswell Royall 
Mines of Gold and Silver as other Mines and Mineralls Pretious 
Stones Quarries and all and singular other Comodities Jurisdiccons 
Royalties Priviledges Franchises and Preheminences both within 
the said Tract of Land vpon the Main and alsoe within the Islands 
and Seas adjoyning ^xov'u\tiX alwayes that the said Lands Islands or 
any the premisses by the said Letters Patents intended or meant to 
be Granted were not not* then actually possessed or Inhabited by 
any other Christian Prince or State or within the bounds Limitts or 
Territories of the Southern Collony then before granted by the said 
late King James the First [to be plantedf ] by divers of his Subjects 
in the South parts %0 ^aw and to hold possesse and enjoy all and —tohoidinfee; 
singular the aforesaid Continent Lands Territories Islands Heredi- 
taments and Precincts Seas Waters Fishings with all and all manner 
of their Coinodities Royaltyes Liberties Preheminences and 
Profitts that should from thenceforth arise from thence with all and 

* Sic. 

t These words occur in the printed copies, but are not in the original. See also Colony charter. 



2 Province Charter. 

singular their appurtenances and every part and parcell thereof 
vnto the said Councill and their Successors and Assignes for ever to 
the sole and proper vse and benefitt of the said Councill and their 
Successors and Assignes for ever ©0 he holden of his said late 
Majestic King James the First his Heires and Successors as of his 
Mannor of East Greenwich in the County of Kent in free and Com- 
on Soccage and not in Capite or by Knights Service U^iWiwo and 
paying therefore to the said late King his Heires and Successors the 
-jajang the Fifth part of the Oar of Gold and Silver which should from time to 

fifth part of the . ^ 

oreof £oidand time and at all times then after happen to be found gotten had and 
obteyned in att or within any of the said Lands Limitts Territories 
or Precincts or in or within any part or parcell thereof for or in 
respect of all and all manner of duties demands and services what- 
soever to be done made or paid to the said late King James the 
first his Heires and Successors (as in and by the said Letters Patents 
amongst sundry other Clauses Powers Priviledges and Grants 
-that the coun- therein conteyned more at large appeareth §nwT W\ltxm^ the said 
gran*t^^^°'sir CouuciU established at Plymouth in the County of Devon for the 
andothers^^^ Planting Rulcing Ordering and Governing of New England in 
America Did by their Deed Lidented vnder their CoiSon Seale 
bearing Date the Nineteenth Day of March in the Third yeare of 
the Reigne of Our Royall Grandfather King Charles the First of 
ever Blessed Memory Give Grant Bargaine Sell Enffeoffe Alien and 
Confirme to Sir Henry Roswell Sir John Young Knights Thomas 
Southcott John Humphreys John Endicot and Simond Whetcomb 
—part of New their Heircs and Assines and their Associats for ever All that part of 
tarn bound^s Ncw England in America aforesd which lyes and extends betweene 
a great River there coinonly called Monomack ais Merrimack and 
a certaine other River there called Charles River being in a Bottom 
of a certaine Bay there coiiionly called Massachusetts ais Matta- 
chuseetts ais Massatusetts Bay And alsoe all and singular those 
Lands and Hereditaments whatsoever lying within the space of 
Three English Miles on the South part of the said Charles River or 
of any and every part thereof And alsoe all and singuler the Lands 
and Hereditaments whatsoever lying and being within the space of 
three English Miles to the Southward of the Southermost part of 
the said Bay called the Massachusetts ais Mattachusetts ais Massa- 
tusetts Bay And alsoe all those Lands and Hereditaments whatsoever 
which lye and be within the space of three English Miles to the 
Northward of the said River called Monomack ais Merrimack or to 
the Northward of any and every part thereof And all Lands and 
Hereditaments whatsoever lying within the Limitts aforesaid North 
and South in Latitude and in Breadth and in length and longitude 
of and within all the Breadth aforesaid throughout the Main Lands 
there from the Atlantick and Western Sea and Ocean on the East 
parte to the South Sea on the West part and all Lands and Grounds 



Province Charter. 3 

Place and Places Soile Woods and Wood Grounds Havens Ports 
Kivers Waters Fishings and Hereditaments whatsoever lying within 
the said Bounds and Limitts and every parte and parcell thereof and 
alsoe all Islands lying in America aforesaid in the said Seas or either 
of them on the Western or Eastern Coasts or Parts of the said Tracts 
of Land by the said Indenture menconed to be Given and Granted 
Bargained Sold Enfifeoffed Aliened and Confirmed or any of them 
And alsoe all Mines and Mineralls aswell Roy all Mines of Gold and 
Silver as other Mines and Mineralls whatsoever in the said Lands 
and Premisses or any parte thereof and all Jurisdiccons Rights Roy- 
alties Liberties Freedoms linunities Priviledges Franchises Prehe- 
minences and Comodities whatsoever which they the said Councill 
established at Plymouth in the County of Devon for the planting 
Ruleing Ordering and Governing of New England in America then 
had or might vse exercise or enjoy in or within the said Lands and 
Premisses by the same Indenture menconed to be given granted 
bargained sold enffeoffed and confirmed in or within any part or 
parcell thereof ®fl '^nvi and to hold the said parte of New England — to hold in fee; 
in America which lyes and extends and is abutted as aforesaid and 
every parte and parcell thereof And all the said Islands Rivers 
Ports Havens Waters Fishings Mines Mineralls Jurisdiccons Fran- 
chises Royalties Liberties Priviledges Coihodities Hereditaments 
and premisses whatsoever with the appurtenances vnto the said 
Sir Henry Roswell Sir John Young Thomas Southcott John 
Humphreys John Endicott and Simond Whetcomb their Heires and 
Assignes and their Associates for ever to the only proper and abso- 
lute vse and behoofe of the said Sir Henry Roswell Sir [John*] 
Joungf Thomas Southcott John Humphryes John Endicott and 
Simond Whetcomb their Heires and Assignes and their Associates 
for evermore ®0 be holden of Our said Royall Grandfather King 
Charles the first his Heires and Successors as of his Manner of East 
Greenwich in the County of Kent in free and Comon Soccage and 
not in Capite nor by Knights Service ^eiltliiitj mA paying therefore —paying, &c. 
vnto Our said Royall Grandfather his Heires and Successors the 
fifth part of the Oar of Gold and Silver which should from time to 
time and at all times hereafter happen to be found gotten had & 
obteyned in any of the said Lands within the said Limitts or in or 
within any part thereof for and in satisfaccbn of all manner of 
duties demands and services whatsoever to be done made or paid to 
Our said Royall Grandfather his Heires or Successors (as in and by 
the said recited Indenture may more at large appeare ^nA Wkmw^ That King 
Our said Royall Grandfather in and by his Letters Patents vnder letters patents 

, _ " *' confirmed to Sir 

the Greate Scale of England bearing date at Westminster the Hem-yRosweu 

-^ o o ^jj^ others 

Fourth Day of March in the Fourth yeare of his Reigne for the 
Consideracon therein menconed did grant and confirme vnto the 

* Omitted in the original. -f £f^. 



4 Province Charter. 

said Sir Henry Roswell Sir John Young Thomas Southcott John 
Humphreys John Endicott and Simond Whetcomb and to their 
Associates after named (vizt) Sir Ralph* Saltenstall Kn* Isaac John- 
son Samuell Aldersey John Ven Mathew Craddock George Harwood 
Increase Nowell Richard Perry Richard Bellingham Nathaniell 
Wright Samuell Vassall Theophilus Eaton Thomas Golfe* Thomas 
Adams John Browne Samuell Browne Thomas Hutchins William 
Yassall William Pincheon and George Foxcroft their Heires and 
Assignes All the said part of New England in America lying and 
extending betweene the bounds and limitts in the said Indenture 
-all those exprcsscd and all Lands and Grounds Place and Places Soiles 
granted to them Woods and Wood Grouuds Havens Ports Rivers Waters Mines 

by the Council 

at Plymouth, Mincralls Jurisdiccons Rights Royalties Liberties Freedomes Imuni- 
ties Priviledges Franchises Preheminences and Hereditaments what- 
soever bargained sold enffeoffed and Confirmed or menconed or 
intended to be given granted bargained sold enffeoffed aliend and 
confirmed to them, the said Sir Heniy Roswell Sir John Young 
Thomas Southcott John Humphreys John Endicott and Simond 
Whetcomb their Heires and Assignes and to their Associates for ever 
by the said recited Indentu[r]e W(f §iav^ and to hold the said part of 
New England in America and other the Premisses thereby menconed 
to be granted and confirmed and every parte and parcell thereof 
with the appurtenances to the said Sir Henry Roswell Sir John 
Young Sir Richard Saltenstall Thomas Southcott John Humphreys 
John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey 
John Ven Mathew Craddock George Harwood Increase Nowell 
Richard Perry Richard Bellingham Nathaniel Wright Samuell 
Vassall Theophilus Eaton Thomas Golfe Thomas Adams John 
Browne Samuell Browne Thomas Hutchins William Vassall William 
Pincheon and George Foxcroft their Heires and Assignes for ever to 
their own proper and absolute vse and behoofe for evermore ^0 be 
holden of Our said Royall Grandfather his Heires and Successors as 
of his Manner of East Greenwich aforesaid in free and comon 
Soccage and not in Capite nor by Knights Service and alsoe yeilding 
and paying therefore to Our said Royall Grandfather his Heires and 
Successors the fifth part only of all the Oar of Gold and Silver 
which from time to time and at all times after should be there 
gotten had or obteyned for all Services Exaccons and Demands 
whatsoever according to the tenour and Reservacon in the said 
recited Indenture expressed §^ud Uvitxtx Our said Royall Grand- 
father by the said Letters Patents did Give and Grant vnto the said 
Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas 
Southcott John Humphreys John Endicott Simond Whetcomb Isaac 
Johnson Samuell Aldersey John Ven Mathew Craddock George 
Harwood Encrease Nowell Richard Perrey Richard Bellingham 

* Sic. 



Province Charter. j 

Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Golfe 
Thomas Adams John Browne Samuell Browne Thomas Hut[c]hins 
William Yassall William Pincheon and George Foxcroft their Heires 
and Assignes All that part of New England in America which lyes 
and extends betweene a Greate River called Monomack ais Merri- 
mack Eiver and a certaine other River there called Charles River 
being in the Bottom of a certaine Bay there comonly called Massa- 
chusetts ais Mattachusetts ais Massatusetts Bay and alsoe all and 
singular those Lands and Hereditaments whatsoever lying within 
the space of Three English Miles on the South part of the said 
River called Charles River or of any or every part thereof and 
alsoe all and singuler the Lands and Hereditaments whatsoever 
lying and being within the space of Three English Miles to the ^^J^^^l^^ 
Southward of the Southermost part of the said Bay called Massa- descriptions, 
chusetts ais Mattachusetts ais Massatusetts Bay And alsoe all those 
Lands and Hereditaments whatsoever which lye and bee within the 
space of Three English Miles to the Northward of the said River 
called Monomack ais Merrimack or to the Northward of any and 
every parte thereof And all Lands and Hereditaments whatsoever 
lyeing within the limitts aforesaid North and South in Latitude and 
in Breadth and in length and Longitude of and within all the 
Breadth aforesaid throughout the Main Lands there from the 
Atlantick or Western Sea and Ocean on the East parte to the South 
Sea on the West parte And all Lands Grounds Place and Places 
Soils Wood and Wood Lands Havens Ports Rivers Waters and 
Hereditaments whatsoever lying within the said bounds and limitts 
and every part and parcell thereof And alsoe all Islands in America 
aforesaid in the said Seas or either of them on the Western or East- 
ern Coasts or partes of the said Tracts of Lands thereby mencdned 
to be given and granted or any of them And all Mines and Mineralls 
aswell Royall Mines of Gold and Silver as other Mines and Miner- 
alls whatsoever in the said Lands and premisses or any parte thereof 
and free Libertie of Fishing in or within any of the Rivers and 
Waters within the bounds and limitts aforesaid and the Seas there- 
unto adjoyning and of all Fishes Royall Fishes Whales Balene 
Sturgeon and other Fishes of what kind or nature soever that 
should at any time thereafter be taken in or within the said Seas or 
Waters or any of them by the said Sir Henry Roswell Sir John 
Young Sir Richard Saltenstall Thomas Southcott John Humphryes 
John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey 
John Ven Matliew Craddock George Ilarwood Increase Nowell 
Richard Perrey Richard Bellingham Nathaniel Wright Samuell 
Vassall Theophilus Eaton Thomas VTolfe Thomas Adams John 
Browne Samuell Browne Thomas Hutchins William Vassall William 
Pincheou and George Foxcroft their Heires or Assignes or by any 



6 Province Charter. 

other person or persons whatsoever there Inhabiting by them or any 
ToCf Kuci^ of them to be appointed to Fish therein ^xovUM alwayes that if 
posse'sLu ™ *^^^ ^^^^ Lands Islands or any the premisses before menconed and by 
rights, ^Ijq gj^j^i Letters Patents last menconed intended and meant to be 

granted were at the time of granting of the said former Letters 
Patents dated the Third Day of November in the Eighteenth yeare 
of the Reigne of his late Majesty King James the First actually 
possessed or inhabited by any other Cliristian Prince or State or were 
within the bounds Limitts or Territories of the said Southern Col- 
lony then before granted by the said King to be planted by divers 
of his Loveing Subjects in the South parts of America That then 
the said Grant of Our said Royall Grandfather should not extend to 
any such parts or parcells thereof soc formerly inhabited or lying 
within the bounds of the Southern Plantacon as aforesaid but as to 
those parts or parcells soe possessed or inhabited by any such Chris- 
tian Prince or State or being within the boundaries aforo/'esaid 
-tohoidinfee: should be vtterly void 51^0 '^Mt and to hold possesse and enjoy the 
said parts of New England in America which lye extend and are 
abutted as aforesaid and every part and parcell thereof and all the 
Islands Rivers Ports Havens Waters Fishings Fishes Mines Mineralls 
Jurisdiccons Franchises Royalties Riverties* Priviledges Coinodities 
and premisses whatsoever with the Appurtenances vnto the said Sir 
Henry Roswell Sir John Young Sir Richard Saltenstall Thomas 
Southcott John Humphreys John Endicott Simond Whetcomb 
Isaac Johnson Samuell xVldersey John Ven Mathew Craddock George 
Harwood Increase Nowell Richard Perry Richard Bellingham 
Nathaniell "Wright Samuell Yassall Theophilus Eaton Thomas Golfe 
Thomas Adams John Browne Samuell Browne Thomas Hutchins 
William Vassall William Pincheon and George Foxcroft their 
Heires and Assignes for ever To the only proper and absolute vse 
and behoofe of the said Sir Henry Roswell Sir John Young Sir 
Richard Saltenstall Thomas Southcott John Humphryes John Endi- 
cott Simond Whetcomb Isaac Johnson Samuell Aldersey John Yen 
Mathew Craddock George Harwood Increase Nowell Richard Perry 
Richard Bellingham Nathaniell Wright Samuell Yassall Theophilus 
Eaton Thomas Golfe Thomas Adanis John Browne Samuell Browne 
Thomas Hutchins William Yassall William Pincheon and George 
Foxcroft their Heires and Assignes for evermore ^0 be holden of 
Our said Royall Grandfather his Heires and Successors as of his 
Manner of East Greenwich in the County of Kent within the 
Realme of England in free and CoiHon Soccage and not in Capite 
—paying, &c. nor by Knights Service And alsoe yeilding and paying therefore to 
Our said Royall Grandfather his Heires and Successors the Fifth 
part only of all the Oar of Gold and Silver which from time to 
time and at all times thereafter should be gotten had and obteyned 

* Liberties. 



Province Charter. 7 

for all services Exacbns and demands whatsoever ^uv'xAttl alwayes 
and his Majesties expresse Will and meaning was that only one 
Fifth parte of all the Gold and Silver Oar above menconed in the 
whole and no more should be answered reserved and payable vnto 
Our said Royall Grandfather his Heires and Successors by colour or 
vertue of the said last menconed Letters Patents the double reser- 
vacbns or recitalls aforesaid or any thing therein conteyned notwith- 
standing And to the end that the affaires and buisnesse which from 
time to time should happen and arise concerning the said Lands f^^^^^^p^Q^ilt"?^"^ 
and the Plantacons of the same might be the better mannaged and 
ordered and for the good Government thereof Our said Royall 
Grandfather King Charles the First did by his said Letters Patents 
Create and make the said Sir Henry Roswell Sir John Young Sir 
Richard Saltenstall Thomas Southcott John Humphreys John Endi- 
cott Symond Whetcomb Isaac Johnson Samuell Aldersey John Ven 
Mathew Craddock George Harwood Increase Nowell Richard Perry 
Richard Bellingham Nathaniell Wright Samuell Vassall and The- 
ophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell 
Browne Thomas Hutchins William Yassall William Pincheon and 
George Foxcroft and all such others as should thereafter be admit- 
ted and made free of the Company and Society therein after men- 
coned one Body Politique and Corporate in fact and name by the 
Name of the Governour and Company of the Massachusetts Bay in 
New England and did grant vnto them and their Successors divers 
powers Liberties and Priviledges as in and by the said Letters 
Patents may more fully and at large appeare §H«T wftifttasi the said ^^^reupon 
Governour and Company of the Massachusetts Bay in New England became v'e^^* 
by vertue of the said Letters Patents did settle a Collony of the populous. 
English in the said parts of America and divers good Subjects of 
this Kingdome incouraged and invited by the said Letters Patents 
did Transport themselves and their Effects into the same whereby 
the said Plantacon did become very populous and divers Counties 
Townes and Places were created erected made setforth or designed 
within the said parts of America by the said Governour and Com- 
pany for the time being ^tt(t Whevca,^ in the Terme of the holy 
Trinity in the Thirty Sixth yeare of the Reigne of Our dearest 
Vncle King Charles the Second a Judgment was given in Our Court The first char- 
of Chancery then sitting at Westminster vpon a Writt of Scire a judgment in 

T-i'i 1 , -I ,-,•■, ' -I A • ■, ^ chancery, anno 

J^ acias brought and prosecuted in the said Court against the Gov- i684. 
ernour and Company of the Massachusetts Bay in New England 
that the said Letters Patents of Our said Royall Grandfather King 
Charles the First bearing date at Westminster the Fourth day of 
March in the Fourth yeare of his Reigne made and granted to the 
said Governour and Company of the Massachusetts Bay in New 
England and the Enrollment of the same should be cancelled 



8 Province Charter. 

vacated and annihilated and should be brought into the said Court 
to be cancelled (as in and by the said Judgment remaining vpon 
Record in the said Court doth more at large appeare) ^tuT w\mt'>X^ 
severall persons employed as Agents in behalfe of Our said Collony 
of the Massachusetts Bay in New England have made their humble 
ajDplication vnto Vs that Wee would be graciously pleased by Our 
The agents of Royall Charter to Incorporate Our Subjects in Our said Collony and 

that colony pe- "^ t/> -i ..,t -, t-, 

titionedto be to grant and connrme vnto them such powers priviledo;es and Fran- 

reincorporated -rrr. j. i. o 

as formerly. cliiscs as [in] Our Royall Wisdome should be thought most con- 
duceing to Our Interest and Service and to the Welfare and happy 
State of Our Subjects in New England and Wee being graciously 
pleased to gratifie Our said Subjects And alsoe to the end Our good 
Subjects within Our Collony of New Plymouth in New England 
aforesaid may be brought vnder such a forme of Government as may 
put them in a better Condicon of defence and considering aswell 
the granting vnto them as vnto Our Subjects in the said Collony of 
the Massachusetts Bay Our Royall Charter with reasonable Powers 
and Priviledges will much tend not only to the safety but to the 
Flourishing estate of Our Subjects in the said parts of New England 
and alsoe to the advanceing of the ends for which the said Planta- 
cons were at first encouraged of Our especiall Grace certaine knowl- 
edge and meer Mocon have willed and ordeyned and Wee doe by 
these presents for Ys Our Heires and Successors Will and Ordeyne 
that the Territories and Collonyes comonly called or known by the 
Names of the Collony of the Massachusetts Bay and Collony of New 
Plymouth the Province of Main the Territorie called Accadia or 
Nova Scotia and all that Tract of Land lying betweene the said Ter- 
The Massachu- ritori^orics of Nova Scotia and the said Province of Main be Erected 
thePro^ce*'^' Vuitcd and Incorporated And Wee doe by these presents Vnite 
Nova Scotia are Ercct and Incorporate the same into one reall Province by the 
made one proT- Name of Our Province of the Massachusetts Bay in New England 
And of Our especial Grace certaine knowledge and meer mocon 
Wee have given and granted and by these presents for Ys Our 
Heires and Successors doe give and grant vnto Our good Subjects 
the Inhabitants of Our said Province or Territory of the Massachu- 
setts Bay and their Successors all that parte of New England in 
America lying and extending from the greate River coiiionly called 
Monomack ais Merrimack on the Northpart and from three Miles 
The extent and Northward of the said River to the Atlantick or Western Sea or 
SoSe*? *''^* Ocean on the South part And all the Lands and Hereditaments 
■whatsoever lying within the limitts aforesaid and extending as farr 
as the Outermost Points or Promontories of Land called Cape Cod 
and Cape Mallabar North and South and in Latitude Breadth and 
in Length and Longitude of and within all the Breadth and Com- 
pass aforesaid throughout the Main Land there from the said Atlan- 



Province Charter. 9 

tick or Western Sea and Ocean on the East parte towards the South 

Sea or Westward as far as Our CoUonyes of Rhode Island Connec- 

ticutt and the Marragansett* Countrey allf alsoe all that part or 

porcon of Main Land beginning at the Entrance of Pescata way 

Harbour and soe to pass vpp the same into the River of Newicke- 

wannock and through the same into the furthest head thereof and 

from thence Northwestward till One Hundred and Twenty Miles be 

finished and from Piscata way Harbour mouth aforesaid North-East- 

ward along the Sea Coast to Sagadehock and from the Period of 

One Hundred and Twenty Miles aforesaid to crosse over Land to 

the One Hundred and Twenty Miles before reckoned vp into the 

Land from Piscataway Harbour through Newickawannock River 

and alsoe the North halfe of the Isles and f Shoales together with the 

Isles of Cappawock and Nantukett near Cape Cod aforesaid and alsoe 

[all$] Lands and Hereditaments lying and being in the Countrey 

and Territory coiSonly called Accadia or Nova Scotia And all those 

Lands and Hereditaments lying and extending betweene the said 

Countrey or Territory of Nova Scotia and the said River of Saga- 

dahock or any part thereof And all Lands Grounds Places Soiles 

Woods and Wood grounds Havens Ports Rivers Waters and other 

Hereditaments and premisses whatsoever lying within the said 

bounds and limitts aforesaid and every part and parcell thereof 

and alsoe all Islands and Isletts lying within tenn Leagues directly 

opposite to the Main Land within the said bounds and all Mines and aii mines and 

Mineralls aswell Royall Mines of Gold and Silver as other Mines cci to the inhab- 

n 1 . T • T T- T T . itants and their 

and Mmeralls whatsoever m the said Lands and premisses or any successors. 
parte thereof ®o '^VAVt and to hold the said Territories Tracts 
Countreys Lands Hereditaments and all and singular other the 
premisses with their and every of their Appurtencesf to Our said 
Subjects the Inhabitants of Our said Province of the Massachusetts 
Bay in New England and their Successors to their only proper vse 
and behoofe for evermore ©tf be holden of Vs Our Heires and Suc- 
cessors as of Our Mannor of East Greenwich in the County of Kent 
by Fealty only in free and Coiuon Soccage ijeUiUng and paying 
therefore yearly to Vs Our Heires and Successors the Fifth part of all 
Gold and Silver Oar and pretious Stones which shall from time to 
time and at all times hereafter happen to be found gotten had and 
obteyned in any of the said Lands and premisses or within any part 
thereof ^xavuUA neverthelesse and Wee doe for W^ Our Heires Aiiiands.hered- 
and Successors Grant and ordeyne that all and every such Lands fomeriy'gra'nt- 
Tenements and Hereditaments and all other estates which any coii^gl°or °^°' 

■r. 1 -r» T,- /~i , m T-r-n SChooI of leam- 

person or persons or iiodyes Politique or Corporate Townes villages ing confirmed, 
Collcdges or Schooles doe hold and enjoy or ought to hold and 

* Narragansett. f Sic. 

X In printed copies this is " the," but the omission in the original seems better supplied as above. 
2 



10 Province Charter. 

enjoy within the bounds aforesaid by or vnder any Grant or estate 
diiely made or granted by any Generall Court formerly held or by 
yertue of the Letters Patents herein before recited or by any other 
lawful! Right or Title whatsoever shall be by such person and 
persons Bodyes Politique and Corporate Townes Tillages Colledges 
or Schooles their respective Heires Successors and Assignes for ever 
hereafter held and enjoyed according to the purport and Intent of 
such respective Grant vnder and Subject neverthelesse to the Rents 
and Services thereby reserved or made payable any matter or thing 
s"amSi^AUen's Whatsoever to the contrary notwithstanding ^ttd '^XCVUUd alsoe 
claim. that nothing herein conteyned shall extend or be vnderstood or 

taken to impeach or prejudice any right title Interest or demand 
which Samuell Allen of London Merchant claiming from and vnder 
John Mason Esqp deceased or any other person or persons hath or 
have or claimeth to have hold or enjoy of in to or out of any part 
or parts of the premisses scituate within the limitts above menconed 
But that the said Samuel Allen and all and every such person and 
persons may and shall have hold and enjoy the same in such 
manner (and no other then) as if these presents had not been had 
Grants or con- or made It being Our further Will and Pleasure that no Grants or 

reyances of said o 

ments ^arf^uot Conveyanccs of any Lands Tenements or Hereditaments to any 

want*orform! Towucs Collcdges Schoolcs of Learning or to any private person or 

persons shall be judged or taken to be avoided or prejudiced for or 

by reason of any want or defect of Form but that the same stand 

and remaine in force and be mainteyned adjudged and have effect 

in the same manner as the same should or ought before the time of 

the said recited Judgment according to the Laws and Rules then 

and there vsually practised and allowed And Wee doe further for 

Vs Our Heires and Successors Will Establish and ordeyne that from 

ueutluant or^^ hcncefortli for ever there shall be one Governour One Leivten! or 

or an^d'f sicre- Deputy Govcmour and One Secretary of Our said Province or 

pomted bytoe Territory to be from time to time appointed and Commissionated by 

Twfnty-eight Ts Our Hcircs and Successors and Eight and Twenty Assistants or 

be^c^fo^en M** Couucillors to bc advisiug and assisting to the Governour of Our said 

pressed^'^^ *^^' Provincc or Territory for the time being as by these presents is 

hereafter directed and appointed which said Councillors or Assistants 

are to be Constituted Elected and Chosen in such forme and manner 

as hereafter in these presents is expressed And for the better 

Execucon of Our Roy all Pleasure and Grant in this behalfe Wee 

doe by these presents for Vs Our Heires and Successors Nominate 

STcouncmors Ordeyuc make and Constitute Our Trusty and Welbeloved Simon 

or assistants; Broadstrect John Richards Nathaniel Saltenstall Wait Winthrop 

John Phillipps James Russell Samuell Sewall Samuel Appleton 

Barthilomew Gcdney John Hawthorn Elisha Hutchinson Robert 

Pike Jonathan Cur win John Jolliffe Adam Winthrop Richard 

Middlecot John Foster Peter Serjeant Joseph Lynd Samuell 



Pkoyince Charter. 11 

Hayman Steplien Mason Thomas Hinckley William Bradford John 

Walley Barnabas Lothrop Job Alcott Samuell Daniell and Silvanus 

Davis Esquiers the first and present Councillors or Assistants of Our 

said Province to continue in their said respective Offices or Trusts 

of Councillors or Assistants vntill the last Wednesday in May which ~^J'^^^\^ 

shall be in the yeare of Our Lord One Thousand Six Hundred ?^'^Yy°^"g||'^''y 

Ninety and Three and vntill other Councillors or Assistants shall be l^^^cTill"*!;^" 

chosen and appointed in their stead in such manner as in those ^^^ assembly. 

presents is expressed g^ttb W^^ doe further by these presents Isaac Addin|- 

Constitute and appoint Our Trusty and Welbeloved Isaac Addington first secretary. 

Esquier to be Our first and present Secretary of Our said Province 

duriuff Our Pleasure %niX (Ouv Will and Pleasure is that the The governor 

n ^ 1 ' ' -I Ti may assemble 

Governour of Our said Province from* the time beinff shall have the councillors 

° and with seven 

Authority from time to time at his discretion to assemble and call iioi*i a councu. 

together the Councillors or Assistants of Our said Province for the 

time being and that the said Governour with the said Assistants or 

Councillors or Seaven of them at the least shall and may from time 

to time hold and keep a Councill for the ordering and directing the 

Affaires of Our said Province %\tii ixixUm Wee Will and by these a general court 

^ •' to be held on 

presents for Vs Our Heires and Successors doe ordeyne and Grant ^^33^'*^*^^^ 

that there shall and may be convened held and kept by the 0^°^^"^'°^ 

Governour for the time being vpon every last Wednesday in the 

Moneth of May every yeare for ever and at all such other times as 

the Governour of Our said Province shall think fitt and appoint a 

great and Generall Court of Assembly Which said Great and —to consist of 

" •' the governor, 

Generall Court of Assembly shall consist of the Governour and g°cJj'frethoid- 

Councill or Assistants for the time being and of such Freeholders of e[|ctld torep^- 

Our said Province or Territory as shall be from time to time elected gplcidve^tovras. 

or deputed by the Major parte of the Freeholders and other 

Inhabitants of the respective Townes or Places who shall be present 

at such Eleccons Each of the said Townes and Places being hereby Each town may 

impowered to Elect and Depute Two Persons and noe more to serve 

for and represent them respectively in the said Great and Generall 

Court or Assembly To which Great and Generall Court or Assembly 

to be held as aforesaid Wee doe hereby for Ys Our Heires and 

Successors give and grant full power and authority from time to 

time to direct appoint and declare what Number each County 

Towne and Place shall Elect and Depute to serve for and represent 

them respectively in the said Great and Generall Court or Assembly 

^XofxiUA alwayes that noe Freeholder or other Person shall have a Qaaiification 

~. . •' of the electors. 

Vote 111 the Eleccon of Members to serve in any Create and Generall 

Court or Assembly to be held as aforesaid who at the time of such 

Eleccon shall not have an estate of Freehold in Land within Our 

said Province or Territory to the value of Forty Shillings per 

AnnG at the least or other estate to the value of Fortyf pounds SterP 

* Sic, in the original, but " for " in the printed copies, f See note to 1698, Chap. 4, p. 303, post. 



12 Province Charter. 

And that every Person who shall be soe elected shall before he sitt 

or Act in the said Great and Generall Court or Assembly take the 

Oaths to be Oaths menconcd in an Act of Parliament made in the first yeare of 

taken, &c., by r. /» 

the representa- Qur Rcimo Entitulcd an Act for abroo-atemg of the Oaths of 

Allegiance and Supremacy and appointing other Oaths and thereby 

appointed to be taken instead of the Oaths of Allegiance and 

Supremacy and shall make Repeat and Subscribe the Declaracon. 

menconed in the said Act before the Governour and Leivtcn!^ or 

Deputy Governour or any two of the Assistants for the time being 

The governor wlio shall be thcrcvnto authorized and Appointed by Our said 

rogue and 'dis- Govcmour and that the Governour for the time being shall have 

erai court. full powcr and Authority from time to time as he shall Judge 

necessary to adjourne Prorogue and dissolve all Great and Generall 

Courts or Assemblyes met and convened as aforesaid And Our 

Will and Pleasure is and Wee doe hereby for Ys Our Heircs and 

The counciUors Succ8ssors Grant Establish and Ordeyne that yearly once in every 

yearly and their ycarc for evcr hercaftcr the aforesaid Number of Eight and Twenty 

Councillors or Assistants shall be by the Generall Court or Assembly 

newly chosen that is to say Eighteen at least of the Inhabitants of 

or Proprietors of Lands within the Territory formerly called the 

Collony of the Massachusetts Bay and four at the least of the 

Inhabitants of or Proprietors of Lands within the Territory formerly 

called New Plymouth and three at the least of the Inhabitants of or 

Proprietors of Land within the Territory formerly called the 

Province of Main and one at the least of the Inhabitants of or 

Proprietors of Land within the Territory lying between the River 

of Sagadahoc and Nova Scotia And that the said Councillors or 

Assistants or any of them shall or may at any time hereafter be 

removed or displaced from their respective Places or Trust of 

Councillors or Assistants by any Great or Generall Court or 

Vacancies in Assembly And that if any of the said Councillors or Assistants 

the council,how ,,, , , , ^ -ti^ ^ r^ n 

filled. shall happen to dye or be removed as aforesaid beiore the (jrcnerall 

day of Eleccon That then and in every such Case the Great and 

Generall Court or Assembly at their first sitting may proceed to a 

New Eleccon of one or more Councillors or Assistants in the roome 

or place of such Councillors or Assistants soe dying or removed 

judges.sheriffs, And Wcc doc farther Grant and Ordeyne that it shall and may be 

b"eVp''pointed by lawfull for tlic Said Governour with the advice and consent of the 

with tiie advice Couiicill or Assistaiits from time to time to nominate and appoint 

the council; Judges Commissioners of Oyer and Terminer Sheriffs Provosts 

Marshalls Justices of the Peace and other Officers to Our Councill 

-and the coan- and Courts of Justice belonging ^iwitUtt alwayes that noe such 

cutobenoti- ;^Qi^inacon or Appointment of Officers be made without notice first 

given or suinons yssued out seaven dayes before such Nominacon or 

Appointment vnto such of the said Councillors or Assistants as shall 

?£b?au be at that time resideing within Our said Province gnwt (!)uv Will 



Peovince Chaeteb. 13 

and Pleasure is that the Governour and Leivten! or Deputy pubuc officers 

appoiutedt 

Governour and Councillors or Assistants for the time being and all 
other Officers to be appointed or Chosen as aforesaid shall before 
the Vndertaking the Execucbn of their Offices and Places respectively 
take their severall and respective Oaths for the due and faithfull 
performance of their duties in their severall and respective Offices 
and Places and alsoe the Oaths appointed by the said Act of 
Parliament made in the first yeare of Our Reigne to be taken 
instead of the Oaths of Allegiance and Supremacy and shall make 
repeate and subscribe the Declaracon menconed in the said Act 
before such Person or Persons as are by these presents herein after 
appointed (that is to say) The Governour of Our said Province or Before whom to 
Territory for the time being shall take the said Oaths and make 
repeate and subscribe the said Decleracon before the Leivten!^ or 
Deputy Governour or in his absence before any two or more of the 
said Persons hereby Nominated and appointed the present Council- 
lors or Assistants of Our said Province or Territory to whom Wee 
doe by these presents give full power and Authority to give and 
administer the same to Our said Governour accordingly and after 
Our said Governour shall be sworn and shall have subscribed the 
sd Declaracon that then Our Leivten! or Deputy Governour for the 
time being and the Councillors or Assistants before by these presents 
Nominated and appointed shall take the said Oaths and make repeat 
and subscribe the said Declaracon before Our said Governour and 
that every such person or persons as shall (at any time of the Annuall 
Eleccons or otherwise vpon death or removeall) be appointed to be 
the New Councillors or Assistants and all other Officers to bee 
hereafter chosen from time to time shall take the Oaths to their 
respective Offices and places belonging and alsoe the said Oaths 
appointed by the said Act of Parliament to be taken instead of the 
Oaths of Allegiance and Supremacy and shall make repeate and 
subscribe the declaracon menconed in the said Act before the 
Governour or Leivtent or Deputy Governour or any two or mor 
Councillors or Assistants or such other Person or Persons as shall 
be appointed thereunto by the Governour for the time being to 
whom Wee doe therefore by these presents give full power and 
authority from time to time to give and administer the same 
respectively according to Our true meaning herein before declared 
without any Coinission or further Warrant to bee had and obteyned 
from vs Our Heires and Successors in that behalfe %n(i Our Will 
and Pleasure is and Wee doe hereby require and Coinand that all 
and every person and persons hereafter by Vs Our Heires and 
Successors nominated and appointed to the respective Offices of 
Governour or Leiv^ or Deputy Governour and Secretary of Our King reserves 
said Province or Territory (which said Governour or Leiv! or poiTttoeloV- 



14 Province Charter. 

ernor, deputy- Deputj Goveriiour and Secretary of Our said Province or Territory 
fecTetery.^'^ for the time being Wee doe hereby reserve full power and Authority 
to Vs Our Heires and Successors to Nominate and appoint accord- 
ingly shall before he or they be admitted to the Execucon of their 
respective Offices take aswell the Oath for the due and faithful! 
performance of the said Offices respectively as alsoe the Oaths 
appointed by the said Act of Parliament made in the said First yeare 
of Our Reigne to be taken instead of the said Oaths of Allegiance 
and Supremacy and shall alsoe make repeate and subscribe the 
Declaracon appointed by the said Act in such manner and before 
New^Eugufnd'^ ^^^^^^ pcrsous as aforcsaid '^mX tnxt\\tt Our Will and Pleasure is 
p^ivulges'of ^^1^ ^60 doe hereby for Vs Our Heires and Successors Grant 
Sf England.^"*' Establish and Ordaine That all and every of the Subjects of Vs Our 
Heires and Successors which shall goe to and Inhabit within Our 
said Province and Territory and every of their Children which shall 
happen to be born there or on the Seas in goeing thither or returning 
from thence shall have and enjoy all Libertyes and Immunities of 
Free and naturall Subjects within any of the Dominions of Vs Our 
Heires and Successors to all Intents Construccons and purposes 
whatsoever as if they and every of them were borne within this Our 
^l^itlm^J of England and for the greater Ease and Encouragement of 
Our Loveing Subjects Inhabiting our said Province or Territory of 
the Massachusetts Bay and of such as shall come to Inhabit there 
Liberty of con- Wbq doc by tlicsc presents for vs Our heires and. Successors Grant 

science granted •' ■*• 

toaiicimstLans Establish and Ordaine that for ever hereafter there shall be a 

except Papists. ^^ 

liberty of Conscience allowed in the Worshipp of God to all Christians 

(Except Papists) Inhabiting or which shall Inhabit or be Resident 

Governor, &c., within our said Province or Territory %m\ Wee doe hereby Grant 

to administer ./ ■— - •' 

the oaths ap- and Ordaine that the Gouernor or leiveten* or Deputy Gouernor of 

pointed to the ■ ^ •' 

inhabitants. our said Proviucc or Territory for the time being or either of them 
or any two or more of the Councill or Assistants for the time being 
as shall be thereunto appointed by the said Gouernor shall and may 
at all times and from time to time hereafter have full Power and 
Authority to Administer and give the Oathes appointed by the said 
Act of Parliament made in the first yeare of Our Reigne to be 
taken instead of the Oathes of Allegiance and Supremacy to all and 
every person and persons which are now Inhabiting or resideing 
within our said Province or Territory or which shall at any time 
or times hereafter goe or passe thither And wee doe of our further 
The general Graco ccrtaiue knowledge and meer mocon Grant Establish and 
ered to erect Ordaiuc for Vs our heires and Successors that the great and Generall 
courts of record, Court or Asscmbly of our said Province or Territory for the time 
being Convened as aforesaid shall for ever have full Power and 
Authority to Erect and Constitute Judicatories and Courts of 
Record or other Courts to be held in the name of Vs Our heires 



Province Charter. 15 

and Successors for the Hearing Trying and Determining of all 

manner of Crimes Ofifences Pleas Processes Plaints Accons Matters 

Causes and things whatsoever ariseing or happening within Our 

said Province or Territory or between persons Inhabiting or resideing 

there whether the same be Criminall or Civill and whether the said 

Crimes be Capitall or not Capitall and whether the said Pleas be 

Reall personall or mixt and for the awarding and makeing out of 

Execution thereupon To which Courts and Judicatories wee doe 

hereby for vs our heirs and Successors Give and Grant full power 

and Authority from time to time to Administer oathes for the better 

Discovery of Truth in any matter in Controversy or depending 

before them ^M wee doe for vs Our Heires and Successors Grant Governor, with 

Establish and Ordaine that the Gouernor of our said Province or shaii have the 

. n 1 • 1 • '11/-^ Ml * • i i probate of wills 

Territory for the time being with the Uouncili or Assistants may ancigranting 

doe execute or performe all that is necessary for the Probate of tions. 

Wills and Granting of Administracons for touching or concerning 

any Interest or Estate which any person or persons shall have within 

our said Province or Territory §nul wltcveasi Wee judge it necessary 

that all our Subjects should have liberty to Appeale to vs our 

heires and Successors in Cases that may deserve the same Wee doe Appeals to the 

'' 111 king in Bome 

by these presents Ordaine that incase either party shall not rest personal ac- 
satisfied with the Judgement or Sentence of any Judicatories or 
Courts within our said Province or Territory in any Personall 
Accon wherein the matter in difference doth exceed the value of 
three hundred Pounds Sterling that then he or they may appeale 
to vs Our heires and Successors in our or their Privy Councill 
Provided such Appeale be made within Fourteen dayes after y^ 
Sentence or Judgement given and that before such Appeale be 
allowed Security be given by the party or parties appealing in the 
value of the matter in Difference to pay or Answer the Debt or 
Damages for the which Judgement or Sentence is given With such 
Costs and Damages as shall be Awarded by vs Our Heires or 
Successors incase the Judgement or Sentence be affirmed ^tut — pro^fiea no 

f° execution shall 

xavxiittX alsoe that no Execution shall be stayd or suspended by 'je staid by 
•' ■*• ^ •' reason of such 

reason of such Appeale vnto vs our Heires and Successors in our or appeal. 
their Privy Councill soe as the party Sueing or takeing out 
Execution doe in the like manner give Security to the value of the 
matter in difference to make Restitucion in Case the said Judgement 
or Sentence be reversed or annul'd vpon the said Appeale %ni\ we The general 

. /-^ • court empow- 

doc further for vs our Heires and Successors Give and Grant to the ereci to make 

laws not re- 
said Governor and the arreat and Generall Court or Assembly of our pugnant to the 

o •' laws of Eng- 

said Province or Territory for the time being full power and 1^"'^' 
Authority from time to time to make ordaine and establish all 
manner of wholsome and reasonaljle Orders Laws Statutes and 
Ordinances Directions and Instructions either with penalties or 



16 Province Charter. 

without (soe as the same be not repugnant or contrary to the Lawes 
of this our Realme of England) as they shall Judge to be for the 
good and welfare of our said Province or Territory And for the 
Gouernment and Ordering thereof and of the People Inhabiting or 
who shall Inhabit the same and for the necessary support and 

—and to name Defence of the Government thereof ^tttt wee doe for vs our 

officers, eycept, Hcircs and Successors Giue and grant that the said Generall Court 

°"' or Assembly shall have full power and Authority to name and settle 

Annually all Civill Officers within the said Province such Officers 

Excepted the Election and Constitution of whome wee have by 

these presents reserved to vs Our Heires and Successors or to the 

—and to define Govcmor of our said Province for the time being and to Settforth 

^^ ^ ' ■ tjje severall Duties Powers and Lymitts of every such Officer to be 

appointed by the said Generall Court or Assembly and the formes 

of such Oathes not repugnant to the Lawes and Statutes of this our 

Realme of England as shall be respectiuely Administred vnto them 

Toimposefines, for the Esccution of their severall Offices and places And alsoe to 

&c., and taxes . _^. . Ti-r-.-i i i 

to be issued imposc Emcs mulcts Imprisonments and other Punishments And 

and disposed of '^ ^ . i i -, ,14 

by warrant to Imposo and Icavv proDortioiiable and reasonable Assessments 

from the gov- -^ ^ x 1 

ernorandcoun- Ratcs and Taxcs vpoii tlic Estatcs and Persons of all and every the 

Proprietors and Inhabitants of our said Province or Territory to be 

Issued and disposed of by Warrant vnder the hand of the Governor 

of our said Province for the time being with the advice and Consent 

of the Councill for Our service in the necessary defence and support 

of our Government of our said Province or Territory and the 

Protection and Preservation of the Inhabitants there according to 

such Acts as are or shall be in force within our said Province and 

To promote re- to disposc of matters and things whereby our Subjects inhabitants 

orde?andthe of our Said Proviucc may be Religiously peaceably and Civilly 

the Indians, Govcrncd Protcctcd and Defended soe as their good life and orderly 

Conversation may win the Indians Natives of the Country to the 

knowledge and obedience of the onely true God and Saviour of 

-which wa_sde- Mauldndc and the Christian Faith which his Royall Majestic our 

Charles to be Rovall Grandfather king Charles the first in his said Letters Patents 

his intentions, '' .-r-kiiT • iiiAi r 

andtheadven- dcclarcd was liis Rovall Intcntioiis And the Adventurers tree 

turers free pro- •' 

fessiontobethe Posscssioii* to bo tho Princcpall end of the said Plantation And 

principal end ot ^ 

to^t^ief with°' ^^^ ^^^^ better secureing and maintaining Liberty of Conscience 
scien«;^^ <^°"" hcrcby granted to all persons at any time being and resideing within 
Willing and Qur Said Province or Territory as aforesaid ^l^iUiug Comanding 
obedience to and Requircimgi and by these presents for vs Our heires and 

the laws of the ^t.. t •• i^n ^ r\ j t 

province, Succcssors Ordainuig and appointing that all sucli (Jraers liawes 

Statutes and Ordinances Instructions and Directions as shall be soe 
made and published vnder our Scale of our said Province or Terri- 
tory shall be Carefully and duely observed kept and performed and 
put in Execution according to the true intent and meaning of these 

* profession. t Sic, 



Province Charter. 17 

presents WwviiUnX alwaies and Wee doe by these presents for vs -provided the 

r ^^ ./I governor shall 

Our Heires and Successors Establish and Ordaine that in the Ji/ive the nega- 

tive voice in all 

frameing and passing of all such Orders Laws Statutes and Ordi- ^jf^^^j,'^"^ ^'l^^_ 

nances and in all Elections and Acts of Government whatsoever to "^ent. 

be passed made or done by the said Generall Court or Assembly or 

in Councill the Governor of our said Province or Territory of the 

Massachusetts Bay in New England for the time being shall have 

the Negative voice and that without his consent or Approbation 

signified and declared in Writeing no such Orders Laws Statutes 

Ordinances Elections or other Acts of Government whatsoever soe 

to be made passed or done by the said Generall Assembly or in 

Councill shall be of any Force effect or validity anythimg* herein 

contained to the contrary in anywise notwithstanding ^n (I wee Laws to be sent 

. . to England by 

doe for vs Our Heires and Successors Establish and Ordaine that the first oppor- 
tunity for the 
the said Orders Laws Statutes and Ordinances be by the first royai approba- 

•' bation or dis- 

opportunity after the makeing therof sent or Transmitted vnto vs allowance. 

Our Heires and Successors vnder the Publique Scale to be appointed 

bv vs for Our or their approbation or Disallowance And that in- if disallowed 

*' ^ ■'^ within three 

case all or any of them shall at any time within the space of three years after pre- 

•' J X sentaLion to 

veares next after the same shall have been presented to vs our privy council to 

•' ^ _ to be void. 

Heires and Successors in Our or their Privy Councill be disallowed 
and reiected and soe signified by vs Our Heires and Successors 
vnder our or their Signe Manuall and Signett or by or in our or 
their Privy Councill vnto the Governor for the time being then such 
and soe many of them as shall be soe disallowed and riectedf shall 
thenceforth cease and determine and become vtterly void and of none 
effect ^tovuUit alwais that incase Wee our Heires or Successors if not disai- 
shall not within the Terme of Three Yeares after the presenting of said to' be in 
such Orders Lawes Statutes or Ordinances as aforesaid sigiiifie our peaied by the 
or their Disallowance of the same Then the said orders Lawes biy. 
Statutes or Ordinances shall be and continue in full force and effect 
according to the true Litent and meaneing of the same vntill the 
Expiracon thereof or that the same shall be Repealed by the 
Generall Assembly of our said province for the time being ^twidert The general 

'' i o 'O court lias power 

to grant land in 
Massachusetts, 
Plymouth or 
the province of 

the Bounds of the Colony s formerly called the Collonys of the ^^^'^'^'' 
Massachusetts Bay and New Plymouth and province of Main in such 
manner as heretofore they might have done by vertue of any former 
Charter or Letters Patents which grants of lands within the Bounds 
aforesaid Wee doc hereby Will and ordaine to be and continue 
for ever of full force and effect without our further Approbation or 
Consent §mb soe as Nevcrthelesse and it is Our Royall Will and —but no grant 

T-»i mi r^ /^ n T -I 1 • t north and east 

Pleasure ihat noe Grant or Grants oi any Lands lying or extending of the sagada- 

hock to be valid 

from the River of Sagadehock to the Gulph of S\ Lawrence and witiiout the 

* Sic. f rejected. 



alsoe that it shall and may be Lawfull for the said Governor and Malsacim^eu'" 
Generall Assembly to make or passe any Grant of Lands lying within PJymouthor 



18 



Protince Charter. 



royal approba- 
tion. 



The governor to 
command the 
militia and to 
appoint neces- 
sary officers ; 



— to conduct 
forces by sea 
and land, with- 
in and without 
the province ; 



— to use martial 
law in time of 
actual war; 

— to erect and 
demolish forts, 
&c.; 



—provided he 
shall not trans- 
port any per- 
sons out of the 
province with- 
out their own 
consent, &c.; 



— nor exercise 
martial law 
upon the inhab- 
itants without 
the advice and 
consent of the 
council. 
In case of the 
governor's 
death, removal 
or absence from 
his government 



Canada Rivers and to the Main Sea Northward and Eastward to be 
made or past by the Governor and Generall Assembly of our said 
Province be of any force validity or Effect vntill Wee Our Heires 
and Successors shall have Signified Our or their Approbacon of the 
same §^ntT Wee doe by these presents for vs Our Heires and Suc- 
cessors Grant Establish and Ordaine that the Governor of our said 
Province or Territory for the time being shall have full Power by 
himselfe or by any Cheif Coihander or other Officer or Officers to 
be appointed by him from time to time to traine instruct Exercise 
and Governe the Militia there and for the speciall Defence and 
Safety of Our said Province or Territory to assemble in Martiall 
Array and put in Warlike posture the Inhabitants of Our said 
Province or Territory and to lead and Conduct them and with 
them to Encounter Expulse Repell Resist and pursue by force of 
Armes aswell by Sea as by Land within or without the limitts of 
Our said Province or Territory and alsoe to kill slay destroy and 
Conquer by all fitting wayes Enterprises and meanes whatsoever all 
and every such Person and Persons as shall at any time hereafter 
Attempt or Enterprize the destruccon Invasion Detriment or 
Annoyance of Our said Province or Territory and to vse and exer- 
cise the Law Martiall in time of actuall Warr Invasion or Rebellion 
as occasion shall necessarily require and alsoe from time to time to 
Erect Forts and to fortifie any place or Places within Our said 
Province or Territory and the same to furnish with all necessary 
Aihunicon Provisions and Stores of Warr for Offence or Defence 
and to comitt from time to time the Custody and Government of 
the same to such Person or Persons as to him shall seem meet And 
the said Forts and Fortificacons to demolish at his Pleasure and to 
take and surprise by all waies and meanes whatsoever all and every 
such Person or Persons with their Shipps Arms Ammunicon and 
other goods as shall in a hostile manner Invade or attempt the 
Invading Conquering or Annoying of Our said Province or Territory 
^r0Vi(k(T alwayes and Wee doe by these presents for Vs Our Heires 
and Successors Grant Establish and Ordeyne That the said Gov- 
ernour shall not at any time hereafter by vertue of any power 
hereby granted or hereafter to be granted to him Transport any of 
the Inhabitants of Our said Province or Territory or oblige them to 
march out of the Limitts of the same without their Free and 
voluntary consent or the Consent of the Great and Generall Court 
or Assembly of Our said Province or Territory nor grant Coiuissions 
for exerciseing the Law Martiall vpon any the Inhabitants of Our 
said Province or Territory without the Advice and Consent of the 
Councill or Assistants of the same ^xov'xAttX in like manner and 
Wee doe by these presents for Vs Our Heires and Successors 
Constitute and Ordeyne that when and as often as the Governour 



Province Charter. 19 

of Our said Province for the time being shall happen to dye or be go^SrS 

displaced by Vs Our Heires or Successors or be absent from his ^^wjy wa 

Government That then and in any of the said Cases the Leivtenant 

or Deputy Governour of Our said Province for the time being shall 

have full power and authority to doe and execute all and every 

such Acts Matters and things which Our Governour of Our said 

Province for the time being might or could by vertue of these Our 

Letter Patents lawfully doe or execute if he were personally 

present vntill the returne of the Governour soe absent or Arrivall 

or Constitucon of such other Governour as shall or may be 

appointed by Vs Our Heires or Successors in his stead and that 

when and as often as the Governour and Leivtenant or Deputy in case of the 

Governour of Our said Province or Territory for tlie time being both gove'mor 

. and lieutenant 

shall happen to dve or be displaced by Vs Our Heires or Successors governor the 

■■• * " '■ '' major part of 

or be absent from Our said Province and that there shall be no thecouncuto 

person within the said Province Coiiiissionated by Vs Our Heires 

or Successors to be Governour within the same Then and in every 

of the said Cases the Councill or Assistants of Our said Province 

shall have full power and Authority and Wee doe hereby give and 

grant vnto the said Councill or Assistants of Our said Province for 

the time being or the Major parte of them full power and Authority 

to doe and execute all and every such Acts matters and things 

which the said Governour or Leivtenant or Deputy Governour of 

Our said Province or Territory for the time being might or could 

lawfully doe or exercise if they or either of them were personally 

present vntill the returne of the Governour Leivtenant or Deputy 

Governour soe absent or Arrivall or Constitucon of such other 

Governour or Leivtenant or Deputy Governour as shall or may be 

appointed by Vs Our Heires or Successors from time to time ^V0- 

fi4«tl alwaies and it is hereby declared that nothing herein shall 

extend or be taken to Erect or grant or allow the Exercise of any Admiraitypow- 

prs unci iurisdiC' 

Admirall Court Jurisdiccon Power or Authority but that tlie same tion reserved to 

shall be and is hereby reserved to Vs and Our Successors and shall 

from time to time be Erected Granted and exercised by vertue of 

Coiaiissions to be yssued vnder the Great Scale of England or vnder 

the Scale of the High Admirall or the Coiiiissioners for executing 

the Office of High Admirall of England Stnrt fut'thct' Our expresse The fishing 

1 -r.1 & CI- I trade not to be 

Will and Pleasure is And Wee doe by these presents for Vs Our abridged. 
Heires and Successors Ordaine and appoint that these Our Letters 
Patents shall not in any manner Enure or l)e taken to abridge bar 
or hinder any of Our loveing Subjects whatsoever to vse and exer- 
cise the Trade of Fishing vpon the Coasts of New England but that 
they and every of them shall liave full and free power and Libertie Liberty to fish 
to continue and vse their said Trade of Fishing vpon the said Coasts N°ew EngUnd**^ 
in any of the seas therevnto adjoyning or any Arms of the said Seas *'''"*'°"'''^' 



20 Peovince Charter. 

or Salt Water Rivers where they have been wont to fish and to 
—and to build build and set vpon the Lands within Our said Province or Collony 

wharves, . 

stages, &c. on Ijing wast and not tlien possesst by perticuler Proprietors such 
there for the Wharfes Stao'cs aud Workhouses as shall be necessary for the saltina; 

curing and i-i°ii-r>i- 

packing offish, drying keeping and packing of their Fish to be taken or gotten vpon 
—and to cut that Coast And to Cutt down and take such Trees and other Mate- 
matlrlai'snece's- rialls tlicrc growiug or being or growing vpon any parts or places 
purpose, ^'^ lying wast and not then in possession of partlculer proprietors as 
shall be needfull for that purpose and for all other necessary eas- 
ments helps and advantages concerning the Trade of Fishing there 
—as has hereto- in such manner and forme as they have been heretofore at any time 
ore been done. agQ^^gton^ed to doc without makeiug any Wilfull Wast or Spoile any 
thing in those presents conteyned to the contrary notwithstanding 
Trees fit for ^\u\ U^H}} for tho better provideing and furnishing of Masts for Our 
"g'upon^/o'ir' Royall Navy Wee doe hereby reserve to Vs Our Heires and Suc- 
icuiar persons', ccssors all Trcos of tlio Diamctcr of Twenty Four Inches and 
epreseive . yp^g^j^-^jg of Twclvo Inchcs from the ground growing vpon any soyle 
or Tract of Land within Our said Province or Territory not here- 
tofore granted to any private persons And Wee doe restraine and 
forbid all persons whatsoever from felling cutting or destroying any 
such Trees without the Royall Lycence of Vs Our Heires and Suc- 
penaityfor ccssors fu'st had and obteyned vpon penalty of Forfeiting One 
trees. Hundred Pounds sterling vnto Ous Our Heires and Successors for 

every such Tree soe felled cutt or destroyed without such Lycence 
had and obteyned in that behalfo any thing in these presents con- 
teyned to the contrary in any wise Notwithstanding ^n Wl^iiM^^t 
whereof Wee have caused these our Letters to be made Patents 
WitKf^'.siC Ourselves att Westminster the Seaventh Day of October in 
the Third yeare of Our Reigne 

By Writt of Privy Seale 

PIGOTT 

Pro Fine in Hanaperio quadraginD Marcas 

J. trevok a S. 

W. Raavlinson C. S. 

G. HUTCHINS C. S.* 

* Sir John Trevor, Sir William Kawlinson and Sir George Hutchins were appointed Lords 
Commissioners of the Great Seal May 15, 1090 ; and were succeeded by Lord Somera as Chancellor 
May 3, 1093. 



Explanatory Charter — 1726. 21 



Explanatory Charter — 1726. 




eorge bij tl)e ©race of ®®E) of 

Great Britain France and Ireland king Defender of 
the Faith &c ®0 ilH to whom these Presents shall 
come Greeting WhtXU^ Our late Royal Predecessors 
William and Mary King and Queen of England &c 
Did by their letters Patents under their Great Seal of England 
bearing Date at Westminster the Seventh day of October in the 
Third year of their Reign for themselves their Heires and Successors 
Vnite Erect and Incorporate the Territories and Colonies commonly 
called or known by the Names of the Colony of the Massachusetts 
Bay and Colony of New Plymouth the Province of Main the Terri- 
tory called Accada or Nova Scotia and all that Tract of land lying 
between the said Territorys of Nova Scotia and the said Province of 
Main into One Reall Province by the Name of Our Province of the 
Massachusetts Bay in New England ^mX Wi^htXtn^ their said late 
Majesties King William and Queen Mary did by the said recited 
letters Patents (amongst other things therein contained) for them- 
selves their Heires and Successors Ordain and Grant that there 
should and might be Convened held and kept by the Governor for 
the time being upon every last Wednesday in the Month of May 
every year forever and at all such other times as the Governor of 
their said Province should think fitt and Appoint a Great and 
Generall Court or Assembly which said Great and Generall Court 
or Assembly should Consist of the Governour and Council or 
Assistants for tlie time being and of such Freeholders of their said 
Province or Territory as should be from time to time elected or 
deputed by the major part of the Freeholders and other Inhabitants 
of the respective Towns or places who should be present at such 
Eleccbns each of the said Towns and places being thereby impowered 
to Elect and Depute two Persons and no more to Serve for and 
represent them respectively in the said Great and Generall Court 
or Assembly and that the Governor for the time being should 
have full Power and Authority from time to time as he should 
Judge necessary to adjourn Prorogue and Dissolve all Great and 
General Courts or Assemblies met and Convened as aforesaid And 
did thereby also for themselves their Beires and Successors Provide 



22 Explanatory Charter. — 1726. 

Establish and Ordain that in the Framing and Passing of all Orders 
laws Statutes and Ordinances and in all Eleccons and Acts of 
Government whatsoever, to be passed made or done by the said 
General Court or Assembly or in Council the Governor of the said 
Province or Territory of the Massachusetts Bay in New England 
for the time being should have the Negative Voice and that without 
his Consent or Approbacon Signified and Declared in writing no 
such Orders laws Statutes Ordinances Eleccons or other Acts of 
Government whatsoever so to be made passed or done by the said 
General Assembly or in Council should be of any force Effect or 
Validity any thing therein contained to the contrary in any wise 
notwithstanding as in and by the said letters Patents (relacon being 
therevnto had) may more fully and at large appeare ^M& 
Wi^htxtix^ no Provision is made by the said recited letters Patents 
touching the Nominacon and Eleccon of a Speaker of the Repre- 
sentatives Assembled in any Great and Generall Court of Our 
said Province nor any particular Reservacon made of the Right of 
Vs Our Heires and Successors to approve or disapprove of such 
Speaker by the Governor of the said Province appointed or to be 
appointed by Vs or them for the time being And no power is 
Granted by the said recited letters Patents to the said House of 
Representatives to adjourn themselves for any time whatsoever by 
means whereof divers Doubts and Controversies have Arisen within 
Our said Province to the Interrupcon of the Publick Business thereof 
and the obstruccon of Our Service "^nm "j^tt therefore that for 
removing the said Doubts and Controversies and preventing the 
like mischiefs for the future And also for the further Explanacon 
of the said recited letters Patents Wee of Our Especial Grace certain 
knowledge and meer mocon Have Granted Ordained and Appointed 
And by these Presents for Vs Our Heirs and Successors Do Will 
Grant Ordain and Appoint that for ever hereafter the Representa- 
tives Assembled in any Great or General Court of Our said Province 
to be hereafter Summoned shall upon the first day of their Assem- 
speaker to be bling Elcct a fit Pcrsou out of the said Representatives to bo Speaker 
approved by*^^" of the Housc of Representatives in such General Court and that the 
Tag"^""^^^" Person so Elected shall from time to time be presented to the 
Governor of Our said Province for the time being or in his absence 
to the lieutenant Governor or Coihander in Chief of Our said 
Province for the time being for his Approbacon to which Governor 
lieutenant Governor and Coihander in Chief respectively Wee do 
hereby for Vs Our Heires and Successors Give full power and 
Authority to approve or disapprove of the Person so Elected and 
presented which approbacon or disapprobacon shall be Signifyed 
by him by Message in writing under his Hand to the said House of 
Representatives And in Case such Governour lieutenant Gover- 



Explanatory Charter — 1726. 23 

nor or Comander in Chief shall disapprove of the Person so 
Elected and presented or the Person so Elected and presented being 
approved as aforesaid shall happen to dye or by Sickness or other- 
wise be disabled from Officiating as Speaker in every such Case the 
said Representatives so Assembled shall forthwith Elect an other 
Person to be Speaker of the House of Representatives to be pre- 
sented and approved or disapproved in manner as aforesaid and so 
from time to time as often as the Person so Elected and presented 
shall be disapproved of or happen to dye or become disabled as afore- 
said %nA Our further Will and Pleasure is and Wee do by these Representa- 

1T/-1 /»Tr/-wxT' -I tives to adjourn 

nresents of Our more abundant Grace lor Vs Our Heires and themselves not 

^ nil exceeding two 

Successors Grant Ordain and Appoint that it shall and may be jiaya without 
lawfull to and for the Representatives assembled in any Great or 
Generall Court of Our said Province for the time being for ever 
hereafter to Adjourn themselves from day to day (and if occasion 
shall require) for the space of two days but not for any longer time 
than for the space of two days without leave from the Governor 
or in his Absence [from] the lieutenant Governor or Coiiiander 
in Chief of Our said Province for the time being first had and 
obtained in that behalfe any thing in the said recited letters Patents 
contained to the Contrary thereof in any wise Notwithstanding 
'^x0VuUA always that nothing in these presents contained shall 
Extend or be Construed to Extend to revoke alter or prejudice the 
Power and Authority by the said recited letters Patents Granted 
to the Governor of the said Province for the time being to Adjourn 
Prorogue and Dissolve all Great and General Courts or Assemblies 
of Our said Province ^ml i^a,5itltj Wee do by these presents for Vs 
Our Heires and Successors Grant that these Our letters Patents or 
the Enrollment or Excmplificacon thereof shall be in and by all 
things good firm valid and Effectual in the law according to the 
true intent and meaning thereof notwithstanding the not rightly or 
fully reciting menconing or describing the said recited letters 
Patents or the Date thereof or any other Omission Imperfeccon 
Defect matter Cause or thing whatsoever to the Contrary thereof 
in any wise notwithstanding ^\\ WitUt^^ whereof Wee have Caused 
these Our letters to be made Patents Wi^iiwt^^ William Archbishop 
of Canterbury and the rest of the Guardians and Justices of the 
Kingdom at Westminster the Six and twentieth day of August in 
the twelfth year of Our Reign 



By Writ of Privy Seal 



[Endorsed :] 
Massachusetts' Bay Explanatory Chre. 
^petuity. 

COCKS. 



COCKS 



I 



ACTS, 
Passed 1692—3. 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighth day of June, A.D. 1692. 



CHAPTER 1. 



AN ACT FOR CONTINUING THE LOCAL LAWS, TO STAND IN FORCE TILL 
NOVEMBER [THE] lOTH, 1692. 

JBe it ordered and enacted^ hy the Govertiour^ Coimcil and Represen- 
tatives convened in General Assembly, and it is hereby ordered and 
enacted, by the authority of the same, 

That all the local laws respectively ordered and made by the late Disallowed by 
governour and company of the Massachusetts Bay and the late gov- di^ iugusT""" 
ernment of New Plymouth, being not repugnant to the laws of England 1695.— see note 
nor inconsistent with the present constitution and settlement by their 13 pick. 258, 
majesties' royal charter, do remain and continue in full force in the 9 *Qray ^^517^" 
respective places for which they were made and used, until the tenth 518. 
day of November next, except in cases Avhere other provision is or shall 
be made by this court or assembly ; and all persons are required to 
conform themselves accordingly: and the several justices are hereby 
impowred to the execution of said laws as the magistrates formerly 
were. [I^assed Jtme 15 ; published June 28. 



CHAPTER 2. 



AN ACT FOR ENFORCING THE COLLECTING AND PAYING IN THE ARREARS 
OF PUBLICK ASSESSMENTS, &c. 

Whereas, by the late governments wdthin the colonies of the Massa- 
chusetts and New Plymouth, now by their majesties' royal charter 
united and incorporated, sevex'al publick taxes and assessments have 
respectively been granted for the security and defence of their majes- 
ties' subjects and interests, and the defrajang of the publick charges 
arising by the war with their majesties' enemies, French and Indians, 
since the first day of October, one thousand six hundred eighty- 
nine, and have been committed unto the constables or other persons 
appointed collectors within the respective towns and villages to collect 
and gather in, the time prefixed for paying in of the same unto the 
treasurers or receivers respectively appointed in the said colonies being 
some time since past, and a considerable part of every of the said 
assessments being behind uncollected, or at least not joaid in unto the 
said treasurers or receivers, and the country being indebted unto several 
particular persons for service done, and others who have advanced 



28 Province Laws.— 1692-3. [Chap. 3.] 

moneys for carrying on and defraying of the charges arising by the 
war, upon the credit of said assessments, — 

JBe it therefore ordered and enacted, by the Governour, Council and 
Representatives convciied in General Assemhly, and it is hereby ordered 
and enacted by the authority of the same. 

That all and every constable and constables or other collectors within 
the respective towns and villages within this province, who at any time 
since the said first day of October, one thousand six hundred eighty- 
nine, have had any of the publick assessments granted as aforesaid com- 
mitted unto them, or any of them, to collect and pay in as aforesaid, 
who have not perfected their said collections and adjusted and issued 
their accounts thereof Avith the respective treasurers as by order of court 
or warrant they are directed, be and are hereby fully authorized and 
impowred to collect and gather in the arrearages of all such publick 
taxes and assessments, and to do and execute therein all and whatso- 
ever shall or may be needful for the eflectual pursuing of the same as 
by order or warrant they might at any time heretofore have lawfully 
done by such rules, methods and directions of law as have lately been 
used and in force, the dismissing of any such person or persons from 
his or their office of constable or any alteration of the government since 
made notwithstanding. And all and every such constables or col- 
lectors are likewise enjoyned and required to make up, settle and adjust 
their accompts and payments of all publick assessments committed unto 
them as aforesaid, with the respective treasurers or receivers, as per 
order or warrant they are directed, on or before the first day of 
November next after the date hereof. And in case any constable or 
collector shall neglect and fliil of perfonning his duty in this behalf, that 
then the sherifi" of the county, by warrant from the treasurer, shall 
levy all such arrears by distress and sale of goods of such defective 
constable or collector, returning the overplus (if any be). And if no 
goods can be found, then to take the body of such constable or collector 
and commit him to prison. And all such constables or collectors, where 
the defect doth not happen through their own default, shall be relieved 
by the town, and the selectmen are to make due provision for the same. 
[Passed June 14 ; ptd)lished Jxme 28. 



CHAPTER 3. 

AN ACT FOR COLLECTING THE AREEAES OF TOWN AND COUNTY RATES. 

Whereas, several taxes or assessments, necessary for the support of 
the ministry and other jDublick charges arising in the several counties 
and towns within this province, have been laid upon the inhabitants, 
and orderly committed to the constables or collectors by the select- 
men or assessors in the several towns, since the first day of May, in the 
year one thousand six hundred eighty and nine, and in many places 
remains uncollected and unpaid in whole or in part, — 

JBe it therefore ordered and enacted, by His Excellency the Governour, 
Council and Hepresentatives in General Assembly, and by the authority 
of the same it is enacted, 

[Sect. 1.] That all such constables and collectors be authorized 
and required, and are hereby authorized and required to collect all such 
rates or assessments so committed to him or them that remain yet 
uncollected, and to pay the same unto the county treasurer in each 
county respectively, or selectmen [in] being in each town respectively 
where they were made, and to be improved to the use or uses for 



[1st Sess.] Province Laws.— 1692-3. 29 

the which they were granted ; and to finish their accompts with them at 
or befoi-e the tenth day of December next ensuing, on penalty of forty 
shillings per month for every mouth's default after the said tenth day 
of December, to be recovered by the county treasurer or selectmen 
resj^ectively of any such defective constables or collectors at any court 
of pleas in the same county. And where any constables or collectors 
are dead, or removed, and the assessments committed to them remain 
uncollected, or any part thereof, the selectmen are impowred and 
required to depute meet persons to collect the same ; and the persons 
so deputed are required to collect what so remains, and to pay the 
same accordingly. 

And it is further ordered^ 

[Sect. 2.] That in any county, town or towns where such tax or 
taxes have been agreed on since the said first day of May, and not 
assessed upon the inhabitants, the selectmen of the several towns are 
hereby required forthwith to make such rates or assessments, and com- 
mit them with warrant to their constables, on the like penalty of forty 
shillings, money, for every month's defect, and to cause them to be 
collected, accompted for and paid as aforesaid. \^jPassed June 17 ; 
published June 28. 



CHAPTER 4. 

AN ACT FOR THE GRANTING TO THEIR MAJESTIES AN ASSESSMENT UPON 
POLLS AND ESTATES. 

We their majesties' loyal and dutiful subjects, the rei^resentatives of 
their majesties' province of the Massachusetts Bay in New England, 
convened in general assembly, being sensible of the necessity of raising 
moneys for the defence of their majesties' subjects and interests, and 
prosecution of the war against their French and Indian enemies, and 
for the defraying of other the publick charges of the province, do unani- 
mously and chearfully grant unto their most excellent majesties, their 
heirs and successors, to the end and intents aforesaid, a rate or tax to 
be assessed upon the freeholders, inhabitants and other their majesties' 
subjects resident within the said province, in manner as is hereafter 
expressed, to be paid in money, or to the satisfaction of the treasurer, 
and pray that it may be enacted, — 

And be it accordingly enacted^ by the Governor, Council and Represen- 
tatives, convened in General Assembly, and it is enacted and ordained 
by the authority of the same, 

[Sect. 1.] That the treasurer do forthwith send forth his warrants 
to the selectmen of each town within this province, requiring the said 
selectmen to cause the inhabitants of such town to meet together some 
time in the month of July next, who being so assembled are required 
to choose one of their freeholders to be a commissioner for said town, 
which commissioner, together with the selectmen, within the month of 
August following shall make a true list of all the male persons in [the'\ 
said town from sixteen years old and upwards, and a true estimation 
of the just yearly value and income, so near as they can by all lawful 
means which they may use, of all estates real and personal, being or 
reputed to be the estate of all and every the persons in the same town, 
or under their custody or management ; all which persons and estates 
are b}- the said commissioner and selectmen to be taxed and assessed 
as followeth ; viz., Every person aforesaid at ten shillings by the poll 
(except the members of the council, settled ministers, and grammar 



30 Pkovince Laws.— 1692-3. [Chap. 5.] 

school-masters, and others devoted to the ministry, and students of the 
colledge), and all houses, lands, stock, goods [and'] merchandizes and 
[other] estate[s] what[so]ever, real and personal, at a quarter part of 
one year's value or income thereof. All persons who through age or 
infirmity are unable to manage their affairs are to be free of the poll- 
tax, at the discretion of the selectmen. 

A7id it is further enacted^ 

[Sect. 2.] That the commissioner of each town, upon the first 
Wednesday of September next, shall cany the list[s] of said town unto 
the shire town within the same county, where the commissioners of 
the several towns shall meet together to peruse, examine, correct and 
perfect the said lists; which lists so examined, [and] perfected and 
signed by the major part of the said commissioners so met, shall by 
one of the said commissioners, whom the rest shall appoint thereto, 
be forthwith transmitted unto the treasurer, who upon the receipt 
thereof shall issue forth his warrants to the constables of the respective 
towns, to collect the sum total of each list upon the inhabitants of such 
town [5] according to their respective proportion ; and in case any person 
or persons shall neglect or refuse to make pajmient of the sum or sums 
so assessed upon them, then to levy the same by distress and sale of 
goods of such person or persons so neglecting or refusing, returning the 
overplus if any be. And the constables are to pay in unto the treasurer 
the one-half of the said tax at or before the twenty-fifth of December 
next, and the other half at or before the first day of May following, and 
make up their accompts with the said treasurer by the first of June 
next, on pain of forfeiting ten jjounds in money unto their majesties for 
the support of the government, as also to pay all arrears of said assess- 
ments : the said ten pound forfeiture and arrears to be sued for and 
recovered by the treasurer in the inferiour court of j^leas in the county 
where such constable lives by bill, jjlaint, action or information : 'pro- 
vided^ also, that where persons who are not settled inhabitants, and 
their estates being rated yet are removed and gone before the same 
can be collected, it shall be abated to the constable that was to collect 
the same, certificate thereof being given by the selectmen. 

Audit is further enacted, hy the authority aforesaid, 

[Sect. 3.] That this act for \the'\ granting to their majesties an 
assessment upon polls and estates shall continue in force only for this 
present levy and no longer, anything to the contrary notwithstanding. 
{Passed June 24 ; published July 2. 



CHAPTER 5. 

AN ACT FOR IMPOST, EXCISE AND TONNAGE OF SHIPPING. 

We, their majesties' most loyal and dutiful subjects, the representa- 
tives of this their majesties' province, convened in general assembly, 
being duely sensible of the great charges and expences which have 
already arisen and must necessarily be daily growing and increasing in 
defending and securing of their majesties' subjects and interests, and in 
\flie'\ prosecuting [o/] the war against their French and Indian enemies, 
have chearfullyand unanimously given and granted, and do hereby 
give and grant unto their most excellent majesties, their heirs aiid suc- 
cessours, to the end and intent aforesaid, and for the defraying of other 
the necessary and contingent charges in and about the support of the 
government of this their majesties' province, the several duties, impost, 
and excise on the wines, liquors, and goods hei-eafter mentioned, and 



[1st Sess.] Pkoyince Laws.— 1692-3. 31 

humbly beseech their majesties to accept the same. And that it may 
be enacted, — 

And be it enacted, hy the Governour, Council and Representatives 
in General Court assembled, and it is hereby enacted and ordained by 
the authority of the same, 

[Sect. 1.] That from and after the twenty-ninth day of this instant 
June, in the year of our Lord one thousand six hundred ninety and 
two, there shall be paid by the importer, for all wines or liquors and 
goods hereafter specified, that shall be imported into this province, the 
rates hereafter mentioned ; 

That is to say, for every pipe of common Fyall wine, the sum of one 
pound ; every pipe of Passado wine, one pound fifteen shillings ; every 
pipe of Madera Avine, one pound ten shillings ; every pipe of Canary, 
Mallago and sherry wiuc[s], two pounds; every pipe of port wine, one 
pound five shillings ; and so proportionably for greater or lesser quanti- 
ties ; and for CA^ery gallon of rum or other spirits unported as aforesaid, 
sixpence. All Avhich imposts as aforesaid shall be paid in currant mony 
of this province, the one half at or before the landing thereof, the other 
half to be alloAved three months for payment : -provided, there be bond 
and security given to the commissioners appointed by this act, or such 
as they shall appoint, for the payment thereof at time as aforesaid. 

And it is further enacted by the authority aforesaid, 

[Sect. 2.] That every merchant or other person importing any 
Avines or other liquors into this province, shall be alloAved twelve per 
cent for leakage : provided, said Avines haA^e not been filled up aboard. 
And that every hogshead of Avine or other liquors that shall not have 
full seven iuehes left therein, and every butt or pipe of Avine or other 
liquors that hath not nine inches left therein, shall be accounted for 
outs, and the merchant or importer to pay no impost or duty for the 
same. 

And it is hereby further enacted and declared by the authority 
aforesaid, 

[Sect. 3.] That if all or any wines or liquors as aforesaid be landed, 
and afterAvards be exported out of the joroAdnce Avithin nine months after 
importation thereof, there shall be repayed or discounted by said com- 
missioners, or their order, unto the importers or their assigns, two third 
parts of AVhat they paid or secured to be paid for so much as they 
export ; he or they making oath that it is the same Avines or liquors for 
Avliich the Avliole duty had been duely paid or secured to be paidj and 
that it is exported Avithin the time limited as aforesaid by this act. 

A7ul it is also enacted by the authority aforesaid, 

[Sect. 4.] That for all goods, Avarcs and merchandizes that shall be 
imported to any ])art of this province after the tAventy-ninth day of this 
instant June, (salt, cotton-Avool, proAdsions and every other tiling of the 
growth and product of ISTcav England only excepted,) there shall be 
paid by the importer the several imposts and duties following ; that is 
to say, for every hundred pound sterling in English merchandizes, at 
the prime cost in England (the invoices thereof to be produced and 
shoAvn), the sum of ten shillings. 

For every hogshead of sugar, one shilling. 
For every hogshead of molasses, sixpence. 
For CA'ery hogshead of tobacco, sixpence. 
For every ton of logg-AVOod, one shilling. 

And for all other commodities, goods, Avares and merchandizes 
(except as before excepted), one penny for every tAventy shillings value 
here. All entries Avhere the ini])ost or duty to be paid doth not exceed 
four shillings to be made Avithout charge to the importer ; and not more 
than sixpence to be paid for any other single entrv to Avhat value soevex*. 



32 Province Laws.— 1692-3. [Chap. 5.] 

And tlie better to prevent fraud, 

It is further enacted by the authority aforesaid, 

[Sect. 5.] That all merchants, factors, or other person or persons, 
importers, being owners of or having any of the wines, liquors, goods, 
wares and merchandizes consigned to them, that by this act are liable 
to pay impost or duty, such person or persons shall by themselves or 
order cause the same to be entred with said commissioners, or such as 
they shall appoint, and pay their duty, or secure the same to be paid, 
as by this act is provided, before such wines, liquors, goods or mer- 
chandize be landed, or put into any boat or vessel in order to be 
landed, on the forfeiture of such wines, liquors, goods, wares and mer- 
chandize so landed or put into any boat or vessel in order to be landed ; 
one-third part to their majesties, one-third part to the governour, one- 
third part to the informer, that shall sue for the same, by bill, plaint 
or information, in any court of record within this province, anything 
in tins act or any other to the contrary notwithstanding. 

And all manner of persons are hereby required to be aiding and 
assisting the said commissioners, their agents, the informer, discoverer, 
or seizor of such wines, liquors, or goods so landed or unloadeu contrary 
to the true intent and meaning of this act. 

And it is further enacted, 

[Sect. 6.] That it shall and may be lawful for such as are 
impowred or imjiroved by the commissioners, or for the informer or 
discoverer, by Avan-ant from the lievtenant-governour or any two jus- 
tices of the peace within this province (to that purpose first obtained), 
with one constable or more, to search, according to law, all manner of 
houses, cellars and warehouses, for such wines and liquors as they or any 
of them shall be informed were carried there to be concealed, in j^reju- 
dice to the true meaning of this act, and with intent to defraud their 
majesties of their said duties. And such wines and liquors so fovmd 
shall be forfeited and condemned in manner and form before mentioned : 
always provided, that such search be made in the daytime, and within 
the space of one month after the offence supposed to be committed. 

Provided, also, that if the information whereupon any house shall 
come to be searched shall prove to be false, that then and in such case 
the party injured shall recover his full damages and costs against the 
informer, by action of trespass to be therefore brought against such 
informer. 

A7id it is further enacted and ordained by the authority aforesaid, 

[Sect. 7.] That there shall be given and granted and paid unto their 
majesties, their heirs and successors, for the uses aforesaid, an excise upon 
all wines, brandy, rhiim and other distilled liquors, perry, beer, ale, cyder 
and metheglin, that shall be sold [by] retail in any town or place within 
this province, by those that shall retail the same, in manner and form 
as is hereafter. expressed and declared. That is to say: 

For every gallon of common Fyal wine, the sum of sixpence. 

Every gallon of Passado, Malago, Canary and sherry, the sum of 
twelvepence. 

Every gallon of Madera, the sum of eightpence. 

Every gallon of rhum and all other sorts of distilled spirits, the sum 
of one shilling. 

Every barril of perry, beer, ale and cyder, the sum of one shilling 
and sixpence. 

And every gallon of metheglin, the sum of fourpence. 

All currantnioney of this province and after that rate for any greater 
or lesser quantities. 

And for the due and orderly collecting and receiving of the excise 
aforesaid, — 



[IstSess.] Province Laws.-~1692-3. 33 

It is hereby further enacted and declared by the authority aforesaid^ 
[Sect. 8.] That all retailers of wine, brandy, rhum and other distilled 
liquors, perry, beer, ale, cyder, and metheglin within this province, having 
any of the said liquors in their respective houses, or elsewhere, belonging 
unto them, at the time of the publishing of this act, shall make due 
entry, and pay the duties and excise aforesaid for the same as is herein 
before mentioned. And upon their further receipt or purchase of all 
or any of the liquors before mentioned, shall within twenty-four hours 
after the receipt or purchase thereof make entry with the said commis- 
sioners, or such person or persons that shall be appointed to receive and 
collect the same, and pay the duties and excise aforesaid, under the 
penalty of forfeiture of all such liquors as shall be found in any retail- 
er's house, not being duely entred and the excise paid as aforesaid ; and 
every retailer who shall make his own cyder and metheglin, brew his 
own beer or ale, or distill strong liquors, shall from time to time, and at 
all times when he or they shall make, brew or distill the same, make 
entry with said commissioners, or such other person or persons as for 
that jDurpose shall be appointed, of all such cyder, metheglin, ale, beer 
or distilled liquors by them made, brewed or distilled, and pay the 
excise as aforesaid, under the like penalty and forfeiture of all such 
liquors as shall be found in any retailer's house not entred and the 
excise thereof not paid in manner before expressed ; and to that end, it 
shall and may be lawful to and for such officer or officers as by the 
commissioners shall be appointed and impowred, when and so often as 
he or they shall think fit, in the daytime, to enter into any retailer's 
house, cellar or warehouse to search for such wines or liquors, &c., as 
are not duely entred nor the excise paid for the same ; and such wines 
or liquors, &c., so found to seize and secure in order to the tryal and 
conviction thereof, and to gage any cask or casks for that end and 
purpose : promded^ always^ that it shall and may be lawful to and 
for the commissioners to agree with any retailer for his excise for one 
whole year, in one intire sum, to be paid quarterly, as they in their 
discretion shall think fit to agree for, without making any entry as 
aforesaid. 

And it is further enacted by the authority aforesaid, 
[Sect. 9.] That no person or persons, on any pretence or colour 
whatsoever for the future, shall or may take in, receive, harbour, enter- 
tain, keep or conceal, in his or their dwelling-houses, cellars or ware- 
houses, any quantity or parcel of wines or other liquors, belonging to 
any licensed person or persons, retailer or retailers, under the penalty 
of forfeiture of twenty pounds for every such quantity or parcel of 
wines or other liquors so taken or received, harboured, entertained, 
kept, and concealed as aforesaid. 

All which penalties and forfeitures (one half to their majesties, their 
heirs and successors, for the support of the government, the other 
moiety to the informer that shall sue for the same), shall be recovered 
by bill, plaint or information in any court of record within this prov- 
ince, wherein no essoyn, protection, wager of law, non vult ulterius 
prosequi, or injunction shall be allow'd, anything in this act or any 
other to the contrary thereof in any wise notwithstanding. And all 
manner of persons are hereby required to be aiding and assisting to the 
officer or officers as shall be appointed to collect and receive the excise 
aforesaid in the due execution of their respective offices. 
And it is further enacted by the authority aforesaid, 
[Sect. 10.] That there be commissioners nominated, appointed and 
commissioned by the govemour and council to receive all entries, and 
to transact and manage all and whatsoever doth relate unto this act and 
the due observance thereof; which commissioners shall appoint and 
employ such and so many oflScers under them as they shall find needful 



34 Province Laws.— 1692-3. [Chap. 6.] 

for that purpose. The said commissioners and [aW] other officers to be 
employed under them, before their entring upon the execution of their 
respective offices, shall be sworn before the governour or Hevtenant- 
governour, or one or more members of the council, or two justices of 
the peace, to deal truly and faithfully in the execution of the same ; 
which aforesaid commissioners, for their own service and labour in this 
affiiir, and the payment of all their under officers and charges whatso- 
ever, shall be allowed one just sixth part of all such moneys as shall be 
collected and brought into the publick treasury by vertue of this act ; 
the said commissioners to account with the treasurer for all their 
collections. 

And it is likewise further enacted and declared by the authority 
aforesaid^ 

[Sect. 11.] That every ship or vessel above twelve tons coming into 
any port or ports of this province to trade or traffick, the major part of 
the owners whereof are not belonging to this province, shall every voyage 
they make pay twelvepence per ton, or one pound of good and new gun- 
powder for each ton such ship or vessel is in burthen ; to be imployed 
for the supply of their majesties castles and forts within this province, 
to be received by the treasurer or such other as in the several ports or 
places shall be appointed to receive the same. 

And it is hereby enacted and declared by the authority aforesaid, 

[Sect. 12,] That this present act, entituled "An Act for Impost, 
Excise and Tonage of Shipping," shall remain and continue in force for 
the teim and space of one whole year, and no longer, anything herein 
before contained to the contrary thereof in any wise notwithstanding. 
[Passed June 24 ; published June 28. 



CHAPTER 6. 

AN ACT FOR THE ERECTING OF A NAVAL OFFICE. 

Disallowed by Whereas by act of parliament, made in the fifteenth year of King 
S! iu^s't'^jT Charles the Second, entituled, " An Act for the encouragement of trade,^' 
1696. ' It is provided. That no ship or vessel, coming to any land, island, 

plantation, colony, or territory, or place, to his majesty or heirs and 
successors belonging, in America, shall lade or unlade any goods or 
commodities whatsoever, until the master or commander of such ship 
or vessel shall first have made known to the governour of such land, 
island, plantation, colony, territory or place, or such other person or 
officer as shall be by him thereunto authorized and appointed, the 
arrival of the said ship or vessel, with her name, and the name and 
surname of her master or commander, and have shown to him that she 
is an English-built ship, or made good by producing certificate that she 
is a ship or vessel free, and navigated with an English master, and 
three fourth parts of the mariners Englishmen, under the pain of the 
loss of ship or vessel and apparel ; now for the due and more efiectual 
observation of said act of parliament, and that all undue trading con- 
traiy to the said act may be prevented in this their majesties' province 
of the Massachusetts Bay, — 

Be it enacted and ordained, by the Governour,^ Council and Repre- 
sentatives in General Assembly convened, and it is hereby enacted and 
ordained by the authority of the same, 

[Sect. 1.] That in the several ports and places hereafter mentioned 
there shall be a naval office erected, wherein the officers by the gov- 
ernour to be appointed for the ends aforesaid shall duely attend j that 



[1st Sess.] Province Laws.— 1692-3. 35 

is to say, at Boston, for the port of Boston and Charlstown ; at Salem, 
for the port of Salem and Marblehead ; at Ipswich, at Newbury, at 
Kittery, at Plimouth, and at Bristol ; at which naval office all masters 
of ships or vessels arriving in this province shall make their entry with 
the officer, according as the said act of parliament requires. 
And be it also enacted by the authority aforesaid, 
[Sect. 2.] That all masters of ships or vessels sailing out of this 
province shall, before their sailing out thereof, clear their said ships or 
vessels in the said naval office. And that an officer be appointed at 
Martha's Vineyard, and another at Nantucket, to enter and clear all 
vessels passing to and from thence, but not to be accounted ports for 
the unlivery or lading of any of the enumerated commodities. And 
the fees in the said office to be demanded and received shall be these 
following and no other ; viz., — 

For entring and clearing all ships and vessels trading to this 
place from abroad (excepting Connecticut, Rhode Island, 
Narraganset and New Hampshire,) viz., two shillings 

entring and two shillings clearing, £Q 45. Qd. 

Examining and recording certificates that bonds are given 

according to the act of navigation, two shillings, ... 2 
A bond given according to the act of navigation, and for 
the copying of the same to be transmitted for England, 

three shillings, 03 

A certificate of the lading, two shillings, 2 

For entring and clearing all vessels trading to and from 
Connecticut, Rhode Island, Narraganset, and New Hamp- 
shire, five shillings per year, or twelvepence each voyage, 

at the master's choice, 010 

A certificate for vessels lading of goods, carried in them 

from port to port within the province, one shilling, ..010 
A certificate for goods of the growth of Europe, carried out 

of the province to other plantations, two shillings, ... 02 

For every oath administred, sixpence, 6 

And the said naval officer is hereby impowered to administer the 
oaths requu-ed by said act of parliament. [^Passed June 27 ; published 
July 2. 

This act " It hatb been thought fit to repeal, inasmuch as the powers and directions therein 
given to the said Officer are, bj' divers Acts of Parliament, reserved to such Officer or Officers 
as shall be appointed by the Commissrs of His Ma'y» Customes, to whom, more particularly, 
in pursuance of an Act made in the 25"> year of the reign of King Charles the second, that 
whole business does belong, to order & manage the same and to cause the severall duties 
thereby imposed to be levyed ; and accordingly the Comm" of his Ma'y> Customes have by 
directions of the Lords Comm" of the Treasury appointed an Officer to take care of that 
whole matter ; which said Officer you are to encourage and assist in the execution of his 
Office in pursuance of severall Acts of Parliament made in that behalf, which restriction, 
nevertheless, is not to hinder the appointing a Navall Offi.cer by his Ma'y» Governor or 
Comand' in Chief, and the enforcing by a Law the directions and authorities to him given, 
provided the same be agreeable to the usage of other Plantations; and for your further infor- 
mation herein you will herewith receive the copies of a Commission & Instructions usually 
given to a Navall Officer in other Plantations wherein His Ma'? will expect a due conformity, 
likewise, in his Maj"" Province of the Massachusetts Bay."— Letter from the Privy Council to 
the Governor ^ Council oj ike Province, Dec. 26, 1695. 



CHAPTER 7. 



AN ACT FOR MAKING THE FORMER BILLS OF CREDIT TO PASS CURRANT 
IN FUTURE PAYMENTS. 

Whereas their majesties* affiiirs within this province do require a 
speedy advance for the defence of the province and the prosecution of 
the war against their French and Indian enemies, and there being no 



36 Province Laws. — 1692-3. [Chap. 8.] 

stock at present in the treasury to supply the same, or to defray other 
the necessary charges for support of the government, — 

Be it therefore ordained and enacted^ by the Govemour^ Council and 
Representatives convened in General Assembly^ and it is enacted by the 
authority of the same, 

[Sect. 1.] That all bills of public credit issued forth by order 
of the general court of the late colony of the Massachusetts Bay, 
shall pass currant within this province in all payments equivalent to 
money, for the sum in each bill respectively mentioned (excepting all 
specialties and contracts made before publication hereof), and in all 
publick payments, at five per cent advance. 

And for encouragement to such person or persons as are possessors 
of said bills to lend them for the service of the publick, — 

It is further enacted, by the authoi'ity aforesaid, 

[Sect. 2.] That they and every of them who shall so do, be secured 
by the publick taxes and other revenues arising within this province 
already granted, and shall be reimburst and paid in money within the 
space of twelve moneths out of the said taxes and revenues such sum and 
summs as he or they shall respectively so lend and deliver tmto the treas- 
urer of this their majesties' province, in bills as aforesaid, to be made to 
appear by receipt : provided, that such of said bills, and no other, as 
shall be indorsed by Capt. Jeremiah Dummer and Mr. Francis Bur- 
roughs, shall be accounted currant, excepting for payment of those rates 
that were granted before the arrival of His Excellency the Govemour. 
And the said Capt. Jeremiah Dummer and Mr. Francis Burroughs are 
hereby appointed to receive in all bills which any person or persons 
shall lend as aforesaid, and dehver the same to the treasurer. 

Provided, also. That all persons who shall lend their bills as afore- 
said, shall have credit for all summs which they shall have to pay in all 
publick payments whatsoever, being bona fide for their own account, to 
be allowed them by discount upon a note from the treasurer. [Passed 
July 2 ; published July 6. 



CHAPTER 8. 



AN ACT FOR TRANSPORTING OF PART OF THE MILITIA OF THE PROVINCE, 
OR OBLIGING THEM TO MARCH TO THE RELIEF OF THE NEIGHBOURING 
PROVINCES OR COLONIES. 

Forasmuch as in this time of war there may be occasion for the rais- 
ing of souldiers, and transporting or marching of them out of the limits 
of this province into the neighbouring provinces and colonies of New 
Hampshire, Rhode Island, Connecticut, Narragansett, or New York for 
the prosecution of the French or Indian enemy and the defence of their 
majesties' subjects and interests, — 

Be it enacted and ordained, by the Govemour, Council and Repre- 
sentatives convened in Getieral Court, and it is enacted by the authority 
of the same, 

That in the vacancy of the general assembly it shall be in the 
liberty of His lExcellency the present Govemour, by and with the advice 
and consent of the Council, to raise and transport such part of the 
militia of this province as they shall find needful, or obUge them to 
march into any of the before-named provinces or colonies, for the ends 
aforesaid, at any time or times within the space of six months next, and 
at no time afterward, without their free and voluntary consent, or the 
consent of the great and general court or assembly ; anything in this 
present act contained to the contrary thereof in any wise notwith- 
standing. [Passed June 28 ; published July 2. 



[1st Sess.] Province Laws.— 1692-3. 37 

CHAPTER 9. 

AN ACT FOR THE HOLDING OF COURTS OF JUSTICE. 

Forasmuch as the orderly regulation and •well-establishment of courts DisaUowed by 
of justice is of great concernment, and the publick occasions with refer- *^,® ^ugusfaf' 
ence to the war and otherwise being so pressing at this season that this 1695. 
court cannot now conveniently sit longer to advise upon and fully settle 
the same, but to the intent that justice be not obstructed or delayed, — 

£e it ordained atid enacted, by the Governour, Council and Mepresenta- 
tivesy convened in General Assembly, and it is ordained by the authority 
of the same, 

[Sect. 1.] That on or before the last Tuesday of July next there 
be a general sessions of the peace held and kept in each respective 
county within this province, by the justices of the same county, or three 
of them at the least (the first justice of the quorum then present to 
preside), who are hereby impowred to hear and determine all matters 
relating to the conservation of the peace and whatsoever is by them 
cognizable according to law, and to grant licenses to such persona 
within the same county, bemg first approved of by the selectmen of 
each town where such persons dwell, whom they shall think fit to be 
employed as inholders or retailers of wines <or strong liquors. And that 
a sessions of the peace be successively held and kejDt as aforesaid within 
the several counties at the same times, and places as the county courts 
or inferior courts of common pleas are hereinafter appointed to be kept. 

And it is further enacted, by the authority aforesaid, 

[Sect. 2.] That the county courts, or inferior courts of common 
pleas, be held and kept in each respective county by the justices of the 
same county, or three of them at the least? (the first justice of the quo- 
rum then present to preside), at the same times and places they have 
been formerly kept according to law, for the hearing and determining 
of all civil actions arising or happening within the same, triable at the 
common law according to former usage ; the justices for holding and 
keeping of the said court within the county of Suffolk to be particularly 
appointed and commission[at]ed by the governour, with the advice and 
consent of the council. And that all writts or attachments shall issue 
out of the clerk's office of the said several courts, signed by the clerk 
of such court, directed unto the sheriff of the county, his under-sheriff 
or deputy. The jurors to seiwe at said courts to be chosen according 
to former custome, by and of the freeholders and other inhabitants, 
qualified as is directed in their majesties' royal charter. 

This act to continue untill other provision be made by the general 
court or assembly. \_Passed June 28 ; published July 2. 

" — whereas * * * Inferior Courts are appointed to be held by the Justices of Peace in each 
County and the Justices of Peace in the County of Suffolk are to be specially app'd by the 
Governor with the consent of the Councill, Whereby the powers of his Ma'J" Charter is enacted 
and e.stablished into a law & distinction made by the said Act in the manner of appointing 
Justices for the County of Suflblk and other Counties, It hath been thought fit to repeal the 
said Act." — Letter from the Privy Council^ ut supra. 



38 Province Laws.— 1692-3. [Chap. 10.] 



CHAPTER 10. 

AN ACT FOE INCORPORATING OF HARVARD COLLEGE, AT CAMBRIDGE, NEW 

ENGLAND. 

Disallowed by Wheeeas, there hath been for many years, in the town of Cambridge, 
cii! AugiTst 22!^' in the county of Middlesex, in New England, a society commonly 
1695. known by the name of Harvard College, where many persons of known 

worth have, by the blessing of Almighty God, been the better fitted for 
pubUc employments, both in the church and in the civil state ; and 
whereas^ the due encouragement of all good literature, arts and sciences 
will tend to the honor of God, the advantage of the Christian Protes- 
tant religion, and the great benefit of their majesties' subjects inhabiting 
this province, both in the present and succeeding generations : and 
considering that many persons have bestowed legacies, gifts, heredita- 
ments and revenues on the said college, — 

Be it therefore enacted and ordained by His Excellency the Governor^ 
Council and Representatives of Their Majesties lyrovince of the Massa- 
chusetts Bay, in New England, convened in General Assembly, and by 
the authority thereof it is enacted and ordained, 

[Sect. 1.] That the said college, in Cambridge, in the county of 
Middlesex, in their majesties' province of the Massachusetts Bay in 
New England, shall be a corporation consisting of ten persons ; that is 
to say, a president, eight fellows and a ti-easurer ; and that the Rev. 
Mr. Increase Mather shall be the first president ; James Allen, Samuel 
Willard, Nehemiah Hobart, Nathaniel Gookin, Cotton Mather, John 
Leverett, William Brattle, Nehcmiah Walter, masters of art, shall be 
the eight fellows ; and John Richards, Esq., the treasurer ; all of them 
inhabitants in said province, and the first ten persons whereof the said 
corporation shall consist, which said Increase Mather, James Allen, 
Samuel Willard, Nehemiah Hobart, Nathaniel Gookin, Cotton Mather, 
John Leverett, William Brattle, Nehemiah Walter and John Richards, 
and their successor, shall forever hereafter, in name and fact, be one 
body politic and coi-porate in law, to all intents and purposes ; and 
shall have perpetual succession, and shall be called by the name of the 
President and Fellows of Harvard College; which persons, or the 
greater number of them, shall have power and are hereby authorized at 
any time or times to elect a new president, fellows and treasurer, so 
often, and from time to time, as any of the said persons shall die or be 
removed : provided, no such election be made without notice given in 
writing under the hand of the president or senior fellow unto the per- 
sons concerned, seven days at least before such election be made. And 
the said president, fellows and treasurer, and their successors elective, 
as aforesaid, shall and may purchase and acquire to themselves, or take 
and receive upon free gift or donation any lands, tenements or hered- 
itaments within the province aforesaid, not exceeding the value of four 
thousand pounds per annum, and any goods or sum of money what- 
ever to the use and behoof of the said president and fellows of Harvard 
College, and also for the encourgement of learning ; and may sue and 
plead or be sued and impleaded by the name aforesaid in all courts and 
places of judicature ; and that the said president and fellows and their 
successors may have forever one common seal to be used in all causes 
and occasions of the said corporation, and the same seal may alter, 
change, break and new make, from time to time, at their pleasure. And 
the said president and fellows, or the major part of them, from time to 
time may meet and choose oflicers and menial servants for the college, 
and them also to remove, and, after death or removal, to choose such 
others, and to make from time to time such statutes, orders and by-laws 



[1st Sess.j Province Laws.--1692-3. 39 

for the better ordering the affairs of the college as they shall think fit. 
And alsoj that the president and fellows, or major part of them, with 
the treasurer, shall have power to make conclusive bargains for landa 
and tenements to be purchased by the said corporation for valuable 
consideration. 

And for the better ordering the government of the said college or 
academy, 

JBe it enacted by the authority aforesaid^ 

[Sect. 2.] That the president and fellows, or any six of them, shaU 
and may from time to time, upon due notice or warning given by the 
president to the rest, hold a meeting for the debating and concluding 
of affairs concerning the profits and revenues of any lands, and disposing 
of their goods : provided, that all the said disposals be according to the 
will of the donors ; and for direction in all emergent occasions, and the 
execution of all statutes, orders and by-laws : in all which cases afore- 
said the conclusion shall be made by the president and major part of 
the fellows. And all the transactions aforesaid shall tend to and for 
the use and behoof of the president, fellows, scholars and officers of the 
said college, and for all accommodations of buildings, books and all 
other necessary provisions and furniture as may be for the advancement 
and education of youth in all manner of good literature, arts and 
sciences. 

And further he it enacted hy the authority aforesaid^ 

[Sect. 3.] That all the lands, tenements and hereditaments, houses 
or revenues, within said province, to the aforesaid president, fellows or 
college appertaining, shall from henceforth be freed from all public 
ordinary rates and taxes appertaining to the province in general. And 
that the said president, fellows and scholars, with the said servants and 
other necessary officers to the said president or college appertaining, — 
which servants and ofiicers are not to exceed fifteen ; viz., three to the 
president and twelve to the college belonging, — shall be exempted from 
all personal civil offices, military exercises, watchings and wardings. 
And the estate of the said president and fellows, imder their own man- 
agement, to be free from all rates and taxes : pi-ovided, they reside and 
dwell in the college. 

And whereas, it is a laudable custom in universities, whereby learn- 
ing has been encouraged and advanced, to confer academical degrees or 
titles on those who by their proficiency as to knowledge in theology, 
law, physic, mathematics or philosophy, have been judged worthy 
thereof, — 

It is hereby enacted and ordained, 

[Sect. 4.] That the president and fellows of the said college shall 
have power, from time to time, to grant and admit to academical 
degrees, as in the universities in England, such as, in respect of learning 
and good manners, they shall find worthy to be promoted thereunto. 

And whereas, there have been at sundry times and by divers persons 
gifts, grants, devises of houses, lands, tenements, goods, chattels, lega- 
cies, conveyances, heretofore made to the said Harvard College, in 
Cambridge, in New England, or to the president and fellows thereof 
successively, — 

[Sect. 5.] The said gifts, grants, devises and legacies are hereby 
forever confirmed according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. \_Passed 
June 27, 1692. 

" — whereas * * * no power is reserved to his Ma'^ to appoint visitors for the better regu- 
lating the said Colledge the said Act hath been repealed, that the Generall Assembly may 
renew the same with a power of visitation reserved both to His Ma'^ & the Govern' or 
Comander in Chief of that Province." — Letter from the Privy Council, ut supra. 



40 Province Laws.— 1692-3. [Chap. 11.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twelfth day of October, A.D. 1692. 



CHAPTER 11. 

AN ACT SETTING FORTH GENERAL PRIVILEDGES. 

JBe it declared and enacted by the Governour^ Council and Repre- 
sentatives of their majesties^ ^:)r'outwce q/" the Massachusetts £ay i7i New 
England, in General Court assonbled, and by the authority of the same^ 
Disallowed by That all and every the rights and liberties of the people, in this 
cu? August 22°' pi'esent act mentioned, shall be firmly and strictly holden and observed; 
1695. ' that is to say, — 

See p. m,post, [Art. 1.] That no fi-eeman shall be taken and imprisoned or be dis- 

°°*®' seized of his freehold or libertys or his free customes, or be outlawed or 

exiled, or in any manner destroyed, nor shall be passed upon, adjudged 

or condemned, but by the lawful judgment of his peers or the law of 

this province. 

[Aet. 2.] Justice nor right shall be neither sold, denied or deferred 
to any man within this province. 

[Art. 3.] No man shall be twice sentenced for one and the same 
crime, offence or trespass. 

[Art. 4.] No aid, tax, tallage, assessment, custome, loan, benevo- 
lence or imiJosition whatsoever shall be laid, assessed, imposed or levied 
on any of their majesties' subjects or their estates, on any colour or 
pretence whatsoever, but by the act and consent of the governour, 
council and representatives of the people, assembled in general court. 

[Art. 5.] No man, of what state or condition soever, shall be put 
out of his lands or tenements, nor be taken nor imprisoned nor disher- 
ited nor banished nor any ways destroyed, without being brought to 
answer by due process of law. 

[Art. 6.] All trials shall be by the verdict of twelve men, peers or 
equals, and of the neighbourhood and in the county or shire where the 
fact shall arise or grow, whether the same be by indictment, information 
or otherwise against the person offending, except in cases where the law 
of the province shall otherwise provide. 
8 Gray, 362. [Art. 7,] In all capital cases there shall be a grand inquest, who 

shall first present the offence, and then twelve men of the neighbour- 
hood to try the offender, who, after his plea to the indictment, shall be 
allowed his reasonable challenges. 

[Art. 8,] In all cases whatsoever bail by sufficient sureties shall be 
allowed and taken, unless for treason or felony plainly and especially 
expressed and mentioned in the warrant of commitment : provided^ 
always, that nothing herein contained shall be understood to extend to 
discharge out of prison upon bail any person taken in execution for 
debt, or otherwise legally sentenced by the judgment of any of the 
courts of record within this province. 



[2d Sess.] Province Laws.— 1692-3. 41 

[Akt. 9.] All lands and heritages within this province shall be free 
from year, day and wast, escheats and forfeitures, upon the death of 
parents or ancestors, natural, casual or judicial, and that for ever, except 
in cases of high treason. [Passed October 13. 

" The Act &c, hath been likewise repealed by reason of a Clause in y» said Act whereby it is 

enacted that all y° lands & heritages within y" said Province shall be free from year, day & 
wast, escheats and forfeitures upon death of parents or ancestors naturall, casuall or judiciall, 
and that for ever, except in cases of High Treason, which is repugnant to the Laws of Eng- 
land, — and for that the said Act requires bail to be taken in all cases except treason and felony 
plainly exprest in the Warrant of Commitment which with other priviledges proposed by y* 
said Act not having been as yet granted by His Majesty in any of the plantations It was not 
thought fit in His Maj"" absence to allow y» same." — LtUerfrom Privy Council, ut supra. 



CHAPTER 12. 

AN ACT FOR THE QUIETING OF POSSESSIONS AND SETLING OF TITLES. 

Whereas, for the preventing of contests and law-suits, referring to Disallowed by 
housing and lands, (there having been a neglect in many persons, in the ^^j^ August 22°' 
infancy of these plantations, to observe a legal course and method for 1695. 
the passing and confirmation of sales and alienations,) it was ordered ^^ *^°' 
and enacted by the late govemour and company of the Massachusetts 
Bay, in the year one thousand six hundred fifty-seven,* that any person 
or persons who, either by themselves or by their grantees or assigns, 
before the law made for direction about inheritances, bearing date 
October the nineteenth, one thousand six hundred fifty-two,t have pos- 
sessed and occupied as his or their own proper right, in fee simple, any 
houses or lands within this jurisdiction, and shall so continue, whether 
in their own persons, their heirs or assigns, or by any other person or 
persons from, by or under them, without disturbance, let, suit or denial 
legally made, by having the claim of any person thereto entred with the 
recorder of the county where such houses or lands ly, with the names 
of the persons so claim^ing, and the quantity and bounds of the lands 
and houses claimed, and such claim prosecuted to effect within the term Five years' 
of five years next after the twentieth of May, one thousand six hundred quiet possession 
fifty and seven, — every such proprietor, his or her heirs and assigns, by 
virtue of such possession, shall forever after enjoy the same, without 
any lawful let, suit, disturbance, or denial by any after-claim of any 
person or persons whatsoever, any law or custome to the contrary not- 
withstanding ; which before recited law, referring to possession, having 
been found by long experience to be of great benefit and service imto 
their majesties' subjects within this their province, — 

It is enacted and ordainedhy the Govemour^ Council and Hepresenta- 
tives in General Court assembled^ and by the authority of the same, 

[Sect. 1.] That the said law be and hereby is ratifyed and con- 
finned, and to continue and remain in full force as formerly. 

And for the further quieting of possessions and setling of titles, — 

It is also enacted and ordained by the authority aforesaid, 

[Sect. 2.] That every person and persons, for the future, shall have Three years' 
the Uke benefit of possession, who, by him or themselves, grantees or quiet pos^s- 
assigns, were possessed of any houses or lands within this province, in title. 
his or their own proper right, upon the first day of this instant month 
October, and shall continue in such possession for the space of three 
years next after, without disturbance or action brought against them : 
X>rovided, this act shall not be understood to barr the title of any infant, Savings, 
feme-covert or person non cmnpos meyitis, imprisoned, or in captivity, 
who shall have the like time of three years next after such imperfection 

• See Becords of the Governor and Conncil of the Mass. Bay, Vol, m., p. 422-3. t Ibid., p. 280. 



42 Peovince Laws.— 1692-3. [Chap. 13.] 

removed to pursue their challenge to any houses or lands wherein they 
have interest or title. And for all persons beyond sea, the time of seven 
years from the date hereof shall be allowed them to pursue their 
challenge as aforesaid. \^JPassed October 14. 

" Whereas by y Act &c., no provision is made for y" saving his Ma'?' right the said Act is 
repealed that in y framing a new Act to the same effect a clause may be inserted for saving the 
rights of the Crown, and thaty" term of three years' possession proposed by y» said Act which 
is thought too little for y« confirmation of titles may be enlarged." — Litter from the Privy 
Council, ut supra. 



CHAPTER 13. 



AN ACT FOR BUILDING WITH STONE OR BRICK IN THE TOWN OF BOSTON, 
AND PREVENTING FIRE. 

Whereas great desolations and ruines have sundry times happened 
by fire breaking out in the town of Boston, principally occasioned by 
reason of the joyning and nearness of the buildings, being mostly of 
timber and covered with shingle ; for the better preventing of such 
accidents for the future, and damage and loss thereby, — 

JSe it ordained and enacted hy the Governour, Council and Repre- 
sentatives., convened in General Court or Assembly^ and it is enacted 
by the authority of the same, 
Bvuidingsin [Sect. 1.] That henceforth no dwelling-house, shop, warehouse, 

bricko/stone°^ barn, Stable or any other housing of more than eight feet in length or 
and covered ' breadth, and seven feet in heighth, shall be erected and set up in Bos- 
^ ^^ ' ton, but of stone or brick, and covered with slate or tyle, unless in 
particular cases where necessity requires, — ^being so judged and signified 
in writing under the hands of the justices and selectmen of the said 
Governor and town, or major part of both, — the governour, with the advice and con- 
councii to grant sent of the council, shall see cause to grant licence unto any person to 
wdth^timber|\n build with timber or cover with shingle. And if any person shall pre- 
case, &c. sume to erect, or cause to be erected, any frame or building contrary 

hereto, upon conviction thereof before two justices of the peace, {quo- 
rum unus,) such building shall be deemed a common nusance ; and the 
owner of such frame or building shall enter into a recognizance to 
demolish the same, and, in default of entring into such recognizance, 
- shall be committed to prison until he do cause the same to be demol- 
transgressing ished, or else such building shall be demolished by order of the quarter 
this act. sessions of the peace within the said county, and the charge thereof to 

be levied by distress and sale of such offender's goods, by warrant from 
the court of quarter sessions. 

And it is further ordered and enacted, 
J . , [Sect. 2.] That in all void and unbuilt places which shall hereafter 

selectmen to be imjDroved for building, or when at any time any total consumption 
^y t)ut streets, ^j, desolation shall happen in any street or lane within the said town, it 
i2Aiien, 238. shall be in the power of the justices of the peace of said town then in 
being, together with the selectmen, or the major part of both, to state 
and lay out such streets, ways and passages as may be most for the 
conveniency and accommodation of the place ; as also where any deso- 
lation has happened, to regulate and enlarge other narrow and crooked 
lanes or passages. And where any paiticular persons shall have their 
A^urytoascer- land taken away or lessened thereby, a jury of twelve men shall be 
tain toe v^ahie^^ appointed by two justices of the peace, and sworn to ascertain the 
fand iai^To any value thereof, to be paid by the person to whose land the same shall be 
street. added, or by the neighbourhood or town, in proportion to the benefit 



[2d Sess.] Province Laws.— 1692-3. 43 

or conveniency any shall hare thereby. And every person biiilding as ftandiTalf i*n 
aforesaid with brick or stone shall have liberty to set half his partition the neighbor's 
wall in his neighbour's ground, so that he leave toothing in the corners ground, 
of such walls for his neighbour to adjoyn unto, who, when he shall 
build, such neighbour adjoyniug shall pay for one-half of the said par- 
tition wall, so far as it shall be built against. And in case of any dif- 
ference arising, the selectmen shall have power to appoint meet persons 
to value the same or lay out the 'line between such neighbours. 

And whereas^ several houses and other buildings have been erected 
and set up since the year one thousand six hundred and eighty-eight, 
contrary to the law made by the General Court of the Massachusetts 
Colony, — 
It is hereby ordained and enacted by the authority aforesaid^ 
[Sect. 3.] That every owner of such house or buildings so set up 
contrary to said law, shall cause the same to be covered with slate or 
tyle ; or otherwise such houses or buildings shall be deemed a common 
nusance, and the owner thereof proceeded against accordingly. 
And be it further enacted and declared by the authority aforesaid, 
[Sect. 4.] That when any fire shall happen to break out either in Two or three of 
Boston or any other town within this province, two or three of the tary'officers^o 
chief military or civil officers of the same town shall, or may, and hereby f^'^'^j'^j*^^ p^^' 
are impowred to give directions for the pulling down or blowing up blowing up of 
any such house or houses that shall be by them adjudged meet to be ^'^^^^ *° ^*°P 
pulled down or blown up for the stopping and preventing the further 
spreading of the same. And if it shall happen that the pulhng down 
or blowing up any such house or houses by the directions aforesaid, 
shall be the occasion of stopping the said fire, or that the fire stop 
before it come to the same, that then all and every owner of such house ^topped^i^^ 
or houses shall receive reasonable satisfaction, and be paid for the same pulling down or 
by the rest of the inhabitants whose houses shall not be burnt ; who are hmiT^th'?* ^°^ 
hereby impowred to make such rate or rates, for the raising and levy- owner to be 
ing of such sum and sums of money as shall be thought convenient by ^^^ ' 
the selectmen and justices of said town for that end : provided, always, 
that if the house where the fire shall first begin and break out, shall be 
adjudged fit to be pulled down or blown up to hinder the further spread- 
ing and increase of the same, that then the owner of such house shall 
receive no manner of satisfaction for the same, anything in this act con- 
tained notwithstanding. \JPassed October 25» 



CHAPTER 14. 

AN ACT FOR THE SETLING AND DISTRIBUTION OF THE ESTATES OF 

INTESTATES. 

Whereas estates in these plantations do consist chiefly of lands which 9 Mass. 400. 
have been subdued and brought to improvement by the industry and ^ ^'"*^' ^^' 
labour of the proprietors, with the assistance of their children, the 
younger children generally having been longest and most serviceable 
unto their parents in that behalf, who have not personal estates to give 
out unto them in portions or otherwise to recompence their labour, 

J^e it therefore enacted and ordained by the Qovernour, Council and 
JRe2>r€sentatives, convetied in General Court or Assembly, and it is 
ordained by the authority of the same, 

[Sect. 1.] That every person lawfully seized of any lands, tene- pergons seiaed 
ments, or hereditaments within this province, in his own proper right °f '^"''^ ^° ^^? 
in fee simple, shall have power to give and dispose, and devise, as well pose of the same 
by hia last will and testament in writing, [as] [or] otherwise by any ^ ^^'' ^'^' 



44 



Province Laws. — 1692-3. 



[Chap. 14.] 



act executed in his life, all such lands, tenements and hereditaments to 
and among his children or others, as he shall think fit at his pleasure j 
and if no such disposition, gift, or devise be made by the owner of any 
such lands, tenements and hereditaments, the same shall be subject to 
a division, with his personal estate, and be alike distributed, according 
Administration to the rules hereinafter exprest for intestate estates. And when and so 
inte^mes^*how often as it shall happen, that any person dyes intestate, administration 
to be granted, of g^^]^ intestate's goods and estate shatl be granted unto the widow or 
next of kin to the intestate, or both, as the judge for probate of wills 
and granting of administrations shall think fit ; who shall thereupon 
take bond with sureties in manner as is directed by the statute of the 
twenty-second and twenty-third of Charles the Second, and shall and 
may proceed to call such administrators to account for, and touching 
the goods of the intestate ; and, upon due hearing and consideration 
thereof (debts, funeral and just expenses of all sorts being first allowed,) 
the said judge shall, and hereby is fully impowi-ed to order and make a 
just distribution of the surplusage, or remaining goods and estate, as 
Distribution of -^rell real as personal, in manner following; that is to say, one-third 
estates. part of the personal estate to the wife of the intestate forever, besides 

9 Mass' 111 '^^' ^®^ dower or thirds in the houses and lands during life, — where such 
12 Mass. 491. wife shall not be otherwise endowed before marriage ; and all the resi- 
due of the real and personal estate, by equal portions, to and among 
his children, and such as shall legally represent them (if any of them be 
dead) other than such children, who [^shaW] have any estate by settle- 
Advancements ment of the intestate in his lifetime equal to the others' shares. Chil- 
dren advanced by settlement, or portions not equal to the others' shares, 
to have so much of the surplusage as shall make the estate of all to be 
Share of eldest equal, except the eldest son then surviving (where there there is no 
*®"* issue of the first-born or of any other elder son), who shall have two 

shares, or a double portion of the whole ; and where there are no sons, 
the daughters shall inherit as coparceners : the division of the houses 
and lands to be made by five suflicient freeholders, upon oath, or any 
three of them, to be appointed and sworn by the judge for that end ; 
unless where all the partit s interested in any estate, being legally capa- 
ble to act, shall mutually agree of a division among themselves and 
present the same in writing under their hands and seals ; in which case 
such agreement shall be accepted and allowed for a settlement of such 
estate, and be accounted valid in law, being acknowledged by the par- 
ties subscribing before the judge, and put upon record : provided, nev- 
ertheless, that whei*e any estate in houses and lands cannot be divided 
among all the children, without great prejudice to or spoyling of the 
whole being so represented and made to appear unto the said judge, 
the judge may order the whole unto the eldest son, if he accept it, or to 
any other of the sons successively, upon his refusal ; he paying unto the 
other children of the deceased their equal and proportionable parts or 
shares of the true value of such houses and lands, upon a just apprize- 
ment thereof to be made by three suflicient freeholders, upon oath, to 
be appointed and sworn as aforesaid, — or giving good security to pay 
the same in some convenient time, as the said judge shall limit, malang 
reasonable allowance in the interim, not exceeding six per cent per 
annum ; and if any of the children happen to dye, before he or she 
come of age or be married, the portion of such child deceased shall be 
equally divided among the survivors. And in case there be no chil- 
dren nor any legal representatives of them, then one moi[e]ty of the 
personal estate shall be allotted to the wife of the intestate forever, and 
one-third of the real estate, for term of life ; the residue both of the real 
and personal estate equally to every [one] of the next of kin of the 
Kules of descent intestate, in equal degi'ce, and those who legally represent them. No 
anddistribu- representatives to be admitted among collaterals after brothers' and 



13 Mase. 416. 



to children. 



Daughters to 
inherit as co- 
parceners. 
7 Mass. 83. 
Committee to 
divide. 

Division by the 
parties. 



Where estate 
cannot be di- 
vided without 
prejudice, &c. 



Death of child 
under age and 
unmarried. 
15 Mass. 291. 

Widow's por- 
tion where 
there are no ■ 
children, &c. 



[2d Sess.] Province Laws.— 1692-3. 45 

sisters' children ; and if there be no -wife all shall be distributed among 

the cliildi-en ; and if no child, to the next of kin to the intestate in 

equal degree and their legal representatives as aforesaid ; and in no 

other manner whatsoever. And every one to whom any share shall be 

allotted shall give bond, with sureties, before the said judge of probate, 

if debts aftei-wards be made to appear, to refund and pay back to the 

administrator his or her ratable part thereof and of the administrator's 

charges. The widow's thirds or dower in the real estate, at the exjDira- 

tion of her tenn, to be alike divided as aforesaid : saving to any person Right of appeal 

ag[g]rieved at any order, sentence or decree made for the settlement ^^^^'*' 

and distribution of any intestate estate, their right of appeal unto the 

govemour and council, — every person so appealing giving security to 

prosecute the appeal with effect. 

£e it further enacted by the authority aforesaict, 

[Sect. 2.] That if any executor or executors of the will of any per- Executors to 
Bon deceased, knowing of their being so named and appointed, shall not of^wuls tob*! 
within the space of thirty days next after the decease of the testator, made in thirty 
cause such will to be proved and recorded in the register's office of the the testator'a^' 
same county were the deceased person last dwelt, or present the said death, 
will, and declare his or their refusal of the executorship, every executor 
so neglecting of his or her trust and duty in that behalf (without just 
excuse made and accepted for such delay) shall forfeit the sum of five 
pounds per month, fi"om and after the expiration of the said thirty days, 
until he or they shall cause probate of such will to be made or present 
the same as aforesaid : every such forfeiture to be had and recovered by Penalty for 
action or infoimation, in the infeiiour court of pleas in the same county, °^siect. 
and to be disposed of, one moi[e]ty thereof to the use of the poor of 
the town where the deceased person last dwelt, and the other moi[e]ty 
to him or them that shall inform and sue for the same ; and upon any upon refusal, 
such refusall of the executor, or executors, the judge shall commit ^ecom^?-'^ 
administration of the estate of the deceased, cum testamento annexo^ ted cum testa- 
unto the widow or next of kin to the deceased, and upon their refusal ^^*° annexe. 
to one or more of the principal creditors, as he shall think fitt. 

[Sect. 3.] And if any person or persons shall alienate or imbezel "^^f^^^ ^^ 
any of the goods or chattels of any person deceased, before he or they 
have taken out letters of administration and exhibited a true inventory 
of all the known estate of the party deceased, every person or persons 
80 acting shall stand chargeable, and be liable to the actions of the cred- 
itors and other persons grieved, as being executors in their own wrong ; 
and the judge shall cause a citation to be made out unto the widow, or 
next of kin, and upon their neglect of appearance, or refusal, may com- 
mit administration of any such estate to some one or more of the chief 
creditors, if accepted by them, or others, as he shall think fit, upon their 
refusal. 

And whereas^ according to the former practice of the courts, bonds Bonds for ad- 
for due administration of the estates of intestates were taken in the ^e^county " *** 
name of the county treasurer, and the obUgation made to him, his sue- treasurer to be 
cessors in said office, or assigns, many of which are still depending, — [he judge! ^^ 
It is further enacted by the authority aforesaid, 

[Sect. 4.] That the judge for probate of wills and granting of admin- 
istrations in the countys respectively be, and hereby are fully impowred 
and authorized to call all such administrators to account, and, if need 
be, to put the said bonds or any of them in suit ; who shall be and 
hereby are to be held and esteemed the assignees of the county treas- 
urer in that behalf to all intents, constructions and purposes in the law 
whataoever* [Fassed November 1. 



46 



Province Laws. — 1692-3. 



[Chap. 15.] 



CHAPTER 15. 



11 Mass. 345. 



Parole leases 
and interest of 
freehold shall 
have the force 
of estates at 
will only. 
1 Pick. 45. 



Except leases 
not exceeding 
three years, &c. 



No leases or 
estates of free- 
hold to be 
granted or 
surrendered by 
word. 



Promises and 
agreements by 
parole. 



Devises of 
lands to be in 
writing, and 
attested by 
three or four 
witnesses. 
11 Allen, 52. 



How the same 
shall be revo- 
cable. 



AN ACT FOR PREVENTION OF FRAUDS AND PERJURIES. 

For prevention of many fraudulent practices which are commonly 
endeavoured to be upheld by perjury and subornation of peijury, — 

Be it enacted and ordainedhy the Governour, Council and JRejyresenta- 
tives convened in General Com% and by the authority of the same, 

[Sect. l.J That from and after the last day of December in this 
present year, one thousand six hundred ninety and two, all leases, 
estates, interests of freehold or term of years, or any uncertain interest 
of, in, or out of any messuages, lands, tenements or hereditaments, 
made or created by livery and seisin only, or by parole, and not put in 
writing and signed by the parties so making or creating of the same, or 
their agents thereunto lawfully authorized by writuig, shall have the 
force and effect of leases or estates at will only ; and shall not, either in 
law or equity, be deemed or taken to have any other or greater force or 
effect, any consideration for making any such parole leases or estates, 
or any former law or usage to the contrai-y notwithstanding : except^ 
nevertheless, all leases not exceeding the term of three years from the 
making thereof whereupon the rent reserved to the landlord during 
such term shall amount unto two third parts at the least of the full 
improved value of the thing demised. 

Arid, moreover, that no leases, estates or interests, either of freehold 
or term of years, or any uncertain interest of, in, to or out of any mes- 
suages, lands, tenements or hereditaments, shall, at any time after the 
said last day of December, be assigned, granted or surrendered, unless 
it be by deed or note in writing, signed by the party so assigning, 
granting or surrendring the same, or their agents thereunto lawfully 
authorized by writing, or by act and operation of law. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That from and after the said last day of December, no 
action shall be brought (1) whereby to charge any executor or admin- 
istrator upon any special promise to answer damages out of his own 
estate ; (2) or whereby to charge the defendant upon any special promise 
to answer for the debt, default or miscarriages of another person ; (3) 
or to charge any person upon any agreement made upon consideration 
of marriage ; (4) or ujDon any contract oi-* sale of lands, tenements or 
hereditaments, or any interest in or concerning them ; (5) or upon any 
agreement that is not to be performed within the space of one year 
from the making thereof; (6) unless the agreement upon which such 
action shall be brought, or some memorandum or note thereof, shall be 
in writing, and signed by the party to be charged therewith, or some 
Other person thereunto by him lawfully authorized. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That from and after the said last day of December, all 
devises and bequests of any lands or tenements shall be in writing, and 
signed by the jDarty so devising the same, or by some other person in 
his presence and by his express directions, and shall be attested and 
subscribed in the presence of the said devisor by three or four credible 
witnesses, or else shall be utterly void and of none effect. 

[Sect. 4.] And, moreover, no devise in writing of lands, tenements 
or hereditaments, or any clause thereof, shall, at any time after the said 
last day of December, be revocable otherwise than by some other wiU 
or codicil in writing, or other writing declaring the same, or by burning, 
cancelHng, teaiing or obliterating the same by the testator himself, or 
in his presence and by his directions and consent ; (2) but all devises 
and bequests of lands and tenements shall remain and continue in full 

* fiffc,— for? 



[2d Sess.] Province Laws.— 1692-3. 47 

force until the same be burnt, cancelled, torn or obliterated by the tes- 
tator, or his direction in manner aforesaid, or unless the same be altered 
by some other will or codicil in wiiting, or other writing of the devisor, 
signed in the presence of three or four witnesses, declaring the same ; 
any former law or usage to the contrary notwithstanding. 

And be it further enacted by the authority aforesaid, 

[Sect. 5,] That from and after the said last day of December, all ^^^'^Ift^ons of' 
declarations or creations of trusts or confidences of any lands, tene- trust to be in 
ments or hereditaments shall be manifested and proved by some writ- ^pjc^fsn. 
ing, signed by the party who is by law enabled to declare such trust, or 
by" his last will in writing, or else they shall be utterly void and of none 
effect : provided, always, that where any conveyance shall be made of ^™^sferre^*°^' 
any lands or tenements, by which a trust or confidence shall or may extinguished 
arise or result by the implication or construction of law, or be trans- ^\ j^ ex^*^°° 
ferred or extinguished by an act or opei*ation of law, then, and in every cepted. 
such case, such trust or confidence shall be of the like force and effect 
as the same would have been if this act had not been made, anything 
herein before contained to the contrary notwithstanding. 

And be it further enacted, 

[Sect. 6.] That all gx-ants and assignments of any trust or confi- Assignments 
dence shall likewise be in writing, signed by the party granting or ^e Inwriting. 
assigning the same by such last will or devise, or else shall be utterly 
void and of none effect. 

And be it further enacted by the authority aforesaid, 

[Sect. 7.] That from and after the said last day of December, no Contract for 
contract for the sale of any goods, wares and merchandizes, for the for^ten founds 
price of ten pounds or upwards, shall be allowed to be good, except the or t^ok. 
buyer shall accept part of the goods so sold, and actually receive the 
same, or give something in earnest to bind the bargain or in part of 
payment, or that some note or memorandum in writing of the said bar- 
gain be made and signed by the parties to be charged by such contract, 
or their agents thereunto lawfully authorized. 

And, for prevention of fraudulent practices in setting up nuncupative Nuncupative 
wills, which have been the occasion of much perjury, — ^ ^' 

3e it enacted by the aicthority aforesaid, 

[Sect. 8.] That from and after the aforesaid last day of December, 
no nuncupative will shall be good, Avhereby the estate thereby 
bequeathed shall exceed the value of thirty povinds, that is not proved 
by the oaths of three witnesses (at the least) that were present at the 
making thereof, nor unless it be proved that the testator, at the time of 
pronouncing the same, did bid the persons present, or some of them, 
bear witness that such was his will, or to that effect ; nor vmless such, 
nuncupative will were made in the time of the last sickness of the 
deceased, and in the house of his or their habitation or dwelling, or 
where he or she hath been resident for the space of ten days or more 
next before the making of such will, except where such person was sur- 
prized or taken sick, being from his own home, and dyed before he 
returned to the place of his or her dwelUng. 

And be it further enacted, 

[Sect. 9.] That after six months passed after the speaking of the 
pretended testamentary words, no testimony shall be received to prove 
any will nuncujDative, except the said testimony, or the substance 
thereof, were committed to writing within six days after the making of 
the said will. 

And be it further enacted, 

[Sect. 10.] That no letters testamentary or probate of any nuncu- Probate of 
pative will shall pass the seal of any court till fourteen days at the least ^"iJs"^**^^® 
after the decease of the testator be fully expired, nor shall any nuncu- <J Mete. 367. 
pative will be at any time received to be proved, unless process have 



48 



Pkovince Laws. — 1692-3. 



[Chap. 16.] 



Soldiers' and 
mariners' wills 
*cepted. 



first issued to call in the widow or next of kindred to tlie deceased, to 
the end they may contest the same if they please. 

And he it further enacted^ 

[Sect. 11.] That no will in wiiting, concerning any goods or chat- 
tels or personal estate, shall be repealed, nor shall any clause, devise or 
bequest therein be altered or changed by any words or will, by word of 
mouth only, except the same be in the life of the testator, committed to 
writing, and read to the testator and allowed by him, and proved to be 
so done by three witnesses at the least : provided, always, that notwith- 
standing tills act, any souldier being in actual military service, or any 
mariner or seaman being at sea, may dispose of his moveables, wages 
and personal estate as he or they might have done before the making of 
this act. [Passed October 22. 



Disallowed by 
the privy coun- 
cil, August 22, 
1695. 

Insolvent es- 
tates to be pro- 
portioned to 
the creditors. 



The judge of 
probate to ap- 
point commis- 
eioners. 

Public notice to 
be given in the 
county where 
the deceased 
last dwelt, and 
in the two next 
counties. 

Six or twelve 
months to be 
allowed for 
bringing in of 
claims. 
The commis- 
sioners to make 
report. 



The widow's 
dower saved. 



CHAPTER 16. 

AN ACT FOR THE EQUAL DISTRIBUTION OF INSOLVENT ESTATES. 

£e it enacted and ordained by the Governour, Council and Jiepre- 
sentatives, convened in General Court or Assembly, and it is enacted 
and ordained by the authority of the same, 

[Sect. 1.] That where the estate of any person deceased shall be 
insolvent or insufficient to pay all just debts which the deceased owed, 
the same shall be set forth and distributed to and among all the cred- 
itors in proportion unto the sums to them respectively owing, so far as 
the said estate will extend. For which end the executors or adminis- 
trators appointed to any such insolvent estate, before payment to any 
be made, shall represent the condition and circumstances thereof unto 
the judge for probate of wills and granting administrations, within the 
same county in which such deceased person last dwelt, and the said 
judge shall nominate and appoint two or more fitt persons to be com- 
missioners, with full power to receive and examine all claims of the 
several creditors, and how they are made out. And such commissioners 
shall cause the time and place for their meeting to attend the creditors 
to be published and made known, by posting up the same in some pub- 
lick places in the shire town of that county where such deceased person 
last dwelt, and of the two next adjoyning county s ; and six or twelve 
moneths time (as the ckcumstances of any estate may require) shall be 
allowed by the judge unto the creditors for the bringing in of their 
claims and proving their debts, at the end of which limited time such 
commissioners shall make then* report, and present a list of all the 
claims unto the said judge, who shall order them meet recompence out 
of the estate for then* care and labour in that affair ; as also shall order 
the sickness and necessary funeral expences of the deceased to be first 
paid, and the residue and remainder of the estate to be paid and dis- 
tributed to and among the creditors that shall have made out their 
claims, in due proportion to the sums to them respectively owing, 
according as the estate will bear, saving unto the widow (if any be) 
her right of dower, according to law, in houses and lands of the deceased, 
the widow's dower, at the expu-ation of her tei-m, to be_ distributed 
among the creditors in a like proportion ; and no process in law shall 
be allowed against the executors or administrators of any such insolvent 
estate so long as the same shall be depending as aforesaid.^ And what- 
soever creditor shall not enter and make out his or her claim with such 
commissioners before the full expiration of the limited time, such person 
shall forever after be debarred of his or her debt, unless he or she can 



[2d Sess.] Province Laws.— 1692-3. 49 

find some further estate of the deceased, not before discovered, and put 
into the inventory. 

Further it is enacted and ordained, by the authority aforesaid, 
[Sect. 2.] That every judge for probate of wills and granting The judge of 
administrations, within the respective countys, be,_ and hereby are fully |^°^'i*J'jJ^P^- 
authorized and impowred, to require and administer an oath to any ister an oath to 
person or persons suspected to have concealed, imbezelled or conveyed ^ected ofT 
away any of the money, goods or chattels left by any person or persons ceaiment. 
deceased, for the discovery of the same. [JPassed October 22. 

" It hath been thought fit to disallow y« Act &c., that in framing of any new Act a clause 
may be inserted whereby y« debts due to y" Crown may be preferred to all others, as is usuall 
in like cases here in EDgland."— Letter Jrom the Privy Council, ut supra. 



I sus- 
■ con- 



CHAPTER 17. 



AN ACT FOR REGULATING THE ASSIZE OF CASK, AND PREVENTING DECEIT 
IN PACKING OF FISH, BEEF AND PORK, FOR SALE. 

JBe it ordained and enacted by the Governour, Council and Repxsen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That from and after the first day of December next, all Assize of cask, 
sorts and kinds of tight cask used for any liquor, fish, beef, pork or any 
other commodities within this, their majesties' province, shall be of 
London assize ; that is to say, butts to contain one hundred and twenty- 
six gallons ; puncheons, eighty-four gallons ; hogsheads, sixty-three gal- 
lons ; tearses, forty-two gallons ; barrels, thirty-one gallons and a half; 
and made of sound, well-seasoned timber, and free of sap. And that fit Gangers to be 
persons be appointed, from time to time, in all places needful, to view appoi°t*2<^- 
and gage all such cask ; and such as shall be found of due assize shall Cask to be 
be marked with the gager's mark, who shall have for his pains four ™auge^r) and'^^ 
pence per tunn ; and every cooper shall set his distinct brand-mark on iiis fee.' 
his own cask, on penalty of forty shillings. And whosoever shall put have^^dfs^fnct" 
to sale any new cask, being defective either in workmanship, timber or neftcire'^Msk 
assize, as aforesaid, upon proof thereof, made before one justice of the to be forfeited. 
jDcace, he shall forfeit such cask and be fined the sum of ten shillings. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That the justices of the peace, at their first general Quarter ses-_ 
quarter sessions, to be holdcn in each respective county within this gauger^s'and^'' 
province, shall yearly, in every town needful thereof, choose and appoint I'^e^w^^^*^ 
a fit person or persons to be gagers and packers, and them to swear 
to the due execution of their ofiice ; which, if any person so appointed Penalty of 
shall refuse, he shall pay the sum of forty shillings, and another shall ^^^"^^^• 
be chosen and appointed in his stead. And every gager and packer Ten sbuiings 
shall take care that all cask in which he packs beef, pork, mackarel, fish packing kTany 
or other goods committed to his care, be of true and fiill assize, and that cask under 
he pack the same in no other cask whatsoever, on penalty of ten sliil- ^®^^^^' 
lings for every cask by him packed, that is or shall be defective in that 
respect. And if any of the before mentioned provisions shall be 
packed into half barrels or firkins, the same shall be made in proportion 
to the assize aforesaid, and be marked by the packer. 

And for the preventing of fraud and deceit in the packing of pickled 
fish, beef and pork to be put to sale, — 

Be it further enacted by the authority aforesaid, 

[Sect. 3.] That in every toT\^l, where such goods are packed up for "^^f ^^^"^ haU" 
sale, the gager or p'acker of such town, or of the town wherein they are meauoblpnt 
put to sale or shipped, shall see that it be well and orderly perfoimed ; bestTeftTuV'''' 



50 Province Laws.— 1692-3. [Chap. 17.] 

that is to say, beef and pork, tlie whole half and quarter, and so pro- 
Fish to be aUof portionably, that the best be not left out ; and so fish and mackarel, that 
one kind. they be packed all of one kind ; and that all casks so packed be full, and 

the fish sound and well seasoned ; setting his seal on all cask so packed : 
Four shillings and he shall receive of the owners for so packing and seaUng, four shil- 
packing^and liugs per ton. And if any such provisions be put to sale or shipped off 
sealing. without the packer's mark, they shall be forfeited. 

And it is further enacted. 
Fish and flesh [Sect. 4.] That all sorts of green or pickled fish, sturgeon or flesh 
ti'^n\o"be°'**^ *^^^^ shall be put up for transportation to a forreign market, shall be 
searched and searched. Surveyed and approved by a sworn packer, who shall take 
packer^*^^^*^^ Strict carc that the same be put in tight cask of full gage, salted with 
suitable salt. And such as shall be so saved, and for its condition found 
merchantable and full, the packer shall seal with such brand-mark as shall 
be assigned to the town, and such other cut-mark added as may denote 
the sort of provision and time when packed. And all such other provis- 
ion as the packer shall find wholsome and useful, though for its quality it 
be not merchantable, he shall cause to be well packed, salted, filled and 
sealed with the letter R, and such other letters as may signifie the town, 
Penaityonmas- specie and time of packing. And if any master of a ship or other ves- 
nCT^slakiSgany 6 el, or any oflicers or marriners belonging thereto, shall receive such 
provisions provisious not marked and sealed, as aforesaid, aboard any of their ships 
se^ed. ""^ or vcssels, he or they who shall ofiend therein, shall forfeit double the 
value of all such provisions ; and he that owns the provisions shall for- 
Penaity for feit the Same. And if any cooper or other person shall shift any fish or 
visions^after '° flesh, either on board or on shore, after the same hath been so sealed 
seaUng. g^j^^ marked by the packer, and ship and export the same, the packer 

having not allowed thereof, and anew sealed and marked the cask 
where into such provisions are shifted, all persons acting, ordering or 
assisting therein, shall be set in the pillory, not exceeding one hour, and 
shall likewise pay double damages to pei-sons wronged thereby. 
And it is further enacted hy the authority aforesaid, 
Provisions that [Sect. 5.] That where any such provisions have lain above three 
Sths'picked months under the packer's mark, betwixt the months of May and 
in the summer October, they shall again, upon exportation or sale, be viewed or 
to be reviewe . gpj^j,^|^g^| ^^ ^^iQ packer ; that is to say, so many of them as may proba- 
bly discover the condition of the whole ; and if any be decayed or 
deceitfully dealt with, the packer shall cull and repack the same, so as 
to distinguish and mark them for merchantable, or refuse, according to 
their condition. And if those who ship or export any such provision 
shall neglect or refuse such second search or survey, the jjacker is 
hereby ordered and impowred to deface his former mark, and for so 
doing, shall be paid as if he had repackt the same. And if the owner 
refuse to satisfie the packer, such packer shall have redress on complaint 
to any justice of the peace, who is hereby impowi'ed to compel the pay- 
ment thereof by distress. 

And it is further enacted by the authority aforesaid. 
Assize of cask [Sect. 6.] That all tarr that shall be exposed to sale, within this 
for tar. province, shall be in barrels, half barrels, and thirds of a barrel of the 

measure and assize following ; that is to say, the barrel to contain thirty 
gallons, the half barrel and a third of a barrel, of the same gage pro- 
portionably, and in no other cask whatsoever. And all cask to be made 
of the same assize, and branded by the cooper as aforesaid, on pain of 
forfeiture of all such cask as are not of due assize. And if any tan- 
shall be exposed to sale in any cask not branded as aforesaid, the same 
shall be likewise forfeited. 

And further it is enacted hy the authority aforesaid, 
One-half of the [Sect. 7.] That all fines, penalties and forfeitures arising by force 
fines and for- ^^^^ virtue of this act, shall be the one-half to their maiei^ties. t/vwjiras. 



[2d Sess.] Pkovince Laws. — 1692-3. 51 

the support of the government of this province; and the other half to J^^^^^^jj^^j^^^ 
him or them that shall inform and sue for the same in any of their majesties, and 
majesties' courts of record within this province. _ the iSormtl^*** 

JSe it further' enacted hy the authority aforesaid, 

[Sect. 8.] That there be a measurer of salt and culler of fish in Measurer of salt 
evei-y seaport town within this province, to be appointed as aforesaid, flgji,* 
who being likewise sworn for the faithful discharge of that office, shall 
cull all merchantable fish and measure all salt that shall be imported 
and sold out of any ship or other vessel, and shall have three half-pence 
for every hogshead of salt by him so measured, to be paid, the one-half 
by the buyer, the other half by the seller. And one penny per quintal, 
for every quintal of merchantable fish by hini culled, to be paid, one- 
half by the buyer and the other half by the seller. \_Passed JSTov. 8. 



CHAPTER 18. 

AN ACT FOR THE PUNISHMENT OF CRIMINAL OFFENDERS. 

JBe it enacted and ordained hy the Governour, Council and Mepresen- 
tatives in General Court assembled, and hy the authority of the same, 

[Sect. 1.] That if any person or persons shall prophanely sware or Cursing and 
curse in the hearing of any justice of the peace, or shall be thereof con- swearing. 
victed by the oathes of two witnesses, or confession of the party, before 
any justice or justices of the peace, every such offender shall forfeit and 
pay unto the use of the poor of the town, where the ofience shall be 
committed, the sum of five shillings ; and if the offender be not able 
to pay the said sum, then to be set in the stocks, not exceeding two 
hours. And if any person shall utter more profane oaths or curses at 
the same time, and in hearing of the same person or persons, he shall 
forfeit and jjay to the use aforesaid the sum of twelve pence for every 
oath or curse after the first, or be set in the stocks three houi-s: 
provided, that evei'y offence against this law shall be complained of Presumption.* 
and proved as aforesaid within thirty dayes next after the offence 
committed. 

Further it is enacted hy the authority aforesaid, 

[Sect. 2.1 That every person convicted of drunkenness by view of Drunkenness 
any justice of peace, confession of the party, or oaths of two witnesses, ^' 
such person so convicted shall forfeit and pay unto the use of the poor 
of the town where such offence is committed, the sum of five shillings 
for evei-y such offence ; and if the offender be unable to pay the said 
sum, to be set in the stocks, not exceeding three hours, at the discretion, 
of the justice or justices before whom the conviction shall be. And 
upon a second conviction of drunkenness, every such offender, over and 
above the penalty aforesaid, shall be bound with two sureties in the sum 
of ten pounds, with condition for the good behavior ; and for want of 
such sureties, shall be sent to the common goal until he find the same : 
provided, that no person shall be impeached or molested for any offence 
against this act, unless he shall be thereof i^resented, indicted or con- 
victed within six months after the offence committed. And the justice 
or justices before whom conviction of any of the aforesaid offences shall. 
be, are hereby impowred and authorized to restrain or commit the 
offender, until the fine imposed for such offence be satisfied ; or to cause 
the same to be levied by distress and sale of the offender's goods, by 
warrant directed to the constable, returning the ovei^plus (if any be) ; 
all such fines to be levied within one week next after such conviction, 
and delivered to the selectmen or overseers of the poor, for the use of 
the poor as aforesaid. 

* (Stc,— Prosecution ? or Proviso ? 



52 



Peovince Laws. — 1692-3. 



[Chap. 18.] 



Theft. 

8 Gray, 474 



Burglary. 



It is further enacted and ordained hy the authority aforesaid^ 
[Sect. 3.] That whosoever shall steal or purloin any money, goods 
or chattels, being thereof convicted by confession or sufficient witness 
upon oath, every such offender shall forfeit treble the value of the 
money, goods or chattels so stolen or purloined unto the owner or own- 
ers thereof, and be further punished by fine or whipping, at the discre- 
tion of the court or justices that have cognizance of such offence, not 
exceeding the sum of five poimds, or twenty stripes. And if any such 
offender be unable to make restitution, or jDay such threefold damages, 
such offender shall be enjoyned to make satisfaction by service ; and 
the prosecutor shall be, and hereby is impowred to dispose of said 
offender in service to any of their majesties' subjects, for such temi as 
shall be assigned by the court or justices before Avhom the prosecution 
was. And every justice of peace in the county where such offence is 
committed, or where the thief shall be api^rehended, is hereby author- 
ized to hear and detennine all offences agamst this law ; provided^ that 
the damage exceed not the sum of forty shillings. 

[Sect. 4.] And if any person shall commit burglary, by breaking up 
any dwelling-house, warehouse, shop, mill, malt-house, barn, out-house, 
or any ship or other vessel, lying within the body of the county, or shall 
rob any person in the field or highway, every person so offending shall, 
upon conviction, be branded on the forehead with the letter B, and 
upon a second conviction, shall be set upon the gallows for the space of 
one hour, with a rope about his neck, and one end thereof cast over the 
gallows, and be severely whipt, not exceeding thirty-nine stripes ; and 
upon a third conviction of the like offence, shall suffer the pains of 
death, as being incorrigible ; and shall likemse upon the first and second 
convictions j^ay treble damages to the party injured, as is provided in 
case of theft. 
And it is further enacted hy the authority aforesaid^ 
[Sect. 5.] That if any man commit fornication with any single 
woman, upon due conviction thereof they shall be fined unto their 
majesties not exceeding the sum of five pounds, or be coi-j^orally pun- 
ished by whi23ping, not exceeding ten stripes ajiiece, at the discretion of 
the sessions of the peace who shall have cognizance of the offence. 
And he that is accused by any woman to be the father of a bastard 
child, begotten of her body, she continuing constant in such accusation, 
being examined upon oath, and j3ut upon the discovery of the truth in 
the time of her travail, shall be adjudged the reputed father of such 
child, notwithstanding his denial, and stand charged "s^dth the main- 
tenance thereof, with the assistance of the mother, as the justices of the 
quarter sessions shall order ; and give security to perfoiTu the said 
order, and to save the town or place where such child is bom, free from 
charge for its maintenance, and may be committed to prison until he 
find sureties for the same, unless the pleas and i^roofs made and pro- 
duced on the behalf of the man accused and other circumstances be 
such as the justices shall see reason to judge him innocent and acquit 
him thereof, and otherwise dispose of the child. And every justice of 
the peace upon his discretion may bind to the next quarter sessions him 
that is charged or suspected to have begotten a bastard child ; and if 
the woman be not then delivered, the sessions may order the continu- 
ance or renewal of his bond, that he may be forthcoming when the child 
is born. 

Further it is enacted hy the authority aforesaid^ 
[Sect. 6.] That every justice of the peace in the county where the 
justice of peace, offence is committed, may cause to be staid and arrested all affi-ayers, 
rioters, disturbers or breakers of the peace, and such as shall ride, or go 
anned offensively before any of their majesties' justices or other their 
officers or ministers doing their office or elsewhere by night or by day, 



Fornication 



Power of the 



[2d Sess.] Peovince Laws.— 1692-3. 53 

in fear or affray of their majesties' liege people, and such others as shall 
utter any menaces or threatening speeches ; and upon view of such jus- 
tice or justices, confession of the party or other legal conviction of any 
such offence, shall commit the offender to prison until he find sureties 
for the peace and good behaviour, and seize and take away his armour 
or weapons, and shall cause them to be apprized and answered to the 
king as forfeited ; and may further punish the breach of the peace in Breach of the 
any person that shall smite or strike another, by fine to the king not peace, 
exceeding twenty shillings, and require bond with sureties for the 
peace, or bind the offender over to answer it at the next sessions of the 
peace, as the nature or circumstance of the offence may be ; and may Forcible entry 
make enquiry of forcible entry and detainer, and cause the same to be ^^^ detainer, 
removed, and make out hue and crys after runaway servants, thiefs and 
other criminals. 

And it is further enacted hy the authority aforesaid^ 

[Sect. 7.] That if any person or persons of the age of discretion Lying and 
(which is accounted fourteen years or ujjwards) shall wittingly and ^ °^' 
willingly make or publish any lye or libel, tending to the defamation or 
damage of any jjarticular person or persons, make or spread any false 
news or reports with intent to abuse and deceive others, every such 
person or persons offending in any of the particulars before-mentioned, 
and beins: duly convicted thereof before one or more iustices of Se^ 1699-1700, 

O •/ V CllU'Di 1 note* 

the peace, shall be fined according to the degree of such offence, not post. ' 
exceeding the sum of twenty shillings for the first conviction, and find 
sureties for the good behaviour ; and if the jDarty be unable to pay the 
said fine, then to be set in the stocks not exceeding three hours, or be 
corporally punished by whipping, at the discretion of the justice or jus- 
tices before whom the conviction shall be, according as the circum- 
stances or nature of the offence shall be. And the said justice or jus- 
tices may restrain and commit the offender until he pay the said fine 
and find sureties for the good behaviour, or may cause the fine to be 
levied by distress and sale of the offender's goods ; and the party or 
parties grieved or injured by reason of any of the offences aforesaid 
shall or may take his or their suit against any such offender or offenders 
in any court of record. 

Tt is further enacted by the authority aforesaid, 

[Sect. 8.] That if any person or persons upon his or their own head or Forgery, 
imagination, or by false conspiracy and fraud with others, shall wittingly, ' 

subtilly and falsely forge or make, or subtilly cause, or wittingly assent 
to be forged or made any false deed, conveyance, or writing sealed, or 
the will of any j^erson or persons in wi'iting, to the intent that the state 
of freehold or inheritance, right, title, or interest of any person or per- 
sons of, in or to any lands, tenements or hereditaments shall or may be 
molested, troubled, defeated, recovered or charged ; or shall as is afore- 
said forge, make, or cause, or assent to be made or forged, any obliga- 
tion, or bill obligatory, letter of attoumey, or any acquittance, release, 
or other discharge of any debt, accompt, action, suit, demand, or other 
thing personal ; or if any person or j^ersons shall pronounce, publish, 
or shew forth in evidence any such false or forged deed, conveyance, 
WTiting, obligation, bill obligatory, letter of attorney, acquittance, 
release or discharge as true, knowing the same to be false and forged 
as is aforesaid, to the intent above remembred,* and shall be thereof 
convicted, either upon action or actions of forger of false deeds to be 
founded upon this act at the suit of the party grieved, or otherwise 
according to the order and due course of law, or ujdou bill or informa- 
tion, that then every such offender shall pay unto the party grieved 
his double costs and damages, to be found and assessed in such court 
where the said conviction shall be ; and also shall be set upon the pil- 

* Sic. 



54 Province Laws.— 1692-3. [Chap. 18.] 

lory in some market town, or other open j^lace, and there to have one 
of his ears cut off, and also shall have and suffer imprisonment by the 
space of one whole year, without bail or mainpiize. And the party or 
parties grieved by reason of any of the offences aforesaid may take his 
or their suit against any such offender or offenders in any court of 
record, where no essoign, injunction or protection shall be allowed the 
party defendant : jyromded^ ahcays, and it is enacted hy the authority 
aforesaid, that this act, or anything therein contained, shall not extend 
to charge any judge of probate, or register, with any of the offences 
aforesaid, for putting their seal of office to any will to be exhibited imto 
them, not knowing the same to be false or forged, for writing of the 
said will or jDrobate of the same, nor to any other person or persons 
that shall shew forth or give in evidence any false or forged writing for 
true or good, being not party or privy to the forging of the same, nor 
knowing the same to be false or forged, anything in this act to the con- 
trary notwithstanding. 

And it is further enacted and ordained hy the authority aforesaid^ 
Wilful perjury. [Sect. 9.] If any person or persons, either by the subornation, 
'^^^' ' unlawfid procurement, reward, sinister perswasion, or means of any 
other, or by their own act, consent, or agreement, shall wilfully and 
corruptly commit any manner of wilful peijury, by his or their deposi- 
tion in any court of record, or being examined ad i^erpetuam rei menio- 
riam^ that then every person and persons so offending, and being 
thereof duely convict or attainted by law, shall for his or their offence 
loose and forfeit twenty pounds ; the one nioi[e]ty thereof unto their 
majesties, and the other moi[e]ty to such person or jDcrsons as shall be 
grieved, hindred or molested by reason of any such offence, that shall 
sue for the same by action of debt, bill, plaint, information or other- 
wise, in any court of record in the which no wager of law, essoign, pro- 
tection or injunction to be allowed, and also to have imprisonment by 
the sj^ace of six months, without bail or mainprise. And the oath of 
such person or persons so offending not to be received in any court of 
record until such time as the judgment given against the said person 
or persons shall be reversed by attaint or otherwise, and ujDon every 
such reversal the parties agrieved to recover his or their damages 
against all and every such person and persons as did j^rocure the said 
judgment so reversed to be given against them or any of them, by 
action or actions upon his or their case or cases, according to the course 
of the common law. And if it happen the said offender or offenders, 
so offending, not to have any goods or chattels to the value of twenty 
pounds, that then he or they be set on the pillory by the space of one 
whole hour, in some market town where the offence was committed, or 
next adjoyning to the place where the offence was committed, and to 
have both his ears nailed ; and from thenceforth to be discredited and 
disabled forever to be sworn in any court of record until such time as 
the judgment shall be reversed. And all and every person and persons 
who shall unlawfully and corruptly procure any witness or witnesses, 
by letters, rewards, promises, or by dny other sinister and unlawful 
labour or means whatsoever, to commit any wilful and cornxpt peijiiry, 
in any matter or cause whatsoever depending, or that shall depend in 
suit and variance, by any writ, action, bill, complaint or information in 
any court of record, or to testifie in perpetuani rei memoriam, every such 
offender, being thereof duely convict or attainted by law, shall for his 
or their offence be proceeded against and suffer the like pains, penal- 
ties, forfeitures and disability in all respects as above-mentioned. 
And it is further enacted by the authority aforesaid, 
[Sect. 10.] That all the aforesaid forfeitures and sums of money 
arising for any offence mentioned in this act, and every branch thereof, 



[2d Sess.] Province Laws.— 1692-3. 55 

and not otherwise disposed of, shall be unto their majesties, for and 
towards the support of the government of this province and the inci- 
dent charges thereof. [Passed November 1. 



CHAPTER 19. 

AN ACT FOR THE PUNISHING OF CAPITAL OFFENDERS. 

-5e it ordained and enacted by the Governour^ Council and Representa- 
tives in General Court assembled^ and by the authority of the same, 

That all and every of the crimes and offences in this present act here- Disallowed by 
after mentioned be and hereby are declared to be felony ; and every ^he ^^'„Yst ^''" 
jierson or persons committing any of the said crimes or offences, being ic95. 
thereof legally convicted, shall be adjudged to suffer the pains of death. 

[Sect. 1.] If any man shall have or worship any other god but the idolatry, 
true God, he shall be put to death. 

[Sect. 2.] If any man or woman be a witch, that is, hath or con- Witchcraft, 
sulteth Avith a familiar spirit, they shall be put to death. 

[Sect. 3.] If any person shall presume to blaspheme the holy name of Blasphemy. 
God, Father, Son or Holy Ghost, either by wilful or obstinate denying 
the true God or His creation or government of the world, or shall curse 
God in like manner, or reproach the holy religion of God, as if it were 
but a politick device to keep ignorant people in awe, or shall utter any 
other kind of blasphemy of the hke nature or degree, he shall be put to 
death. 

[Sect. 4.] If any person or persons shall compass or imagine the High treason, 
death of our soveraign lord the king, or of our lady the queen, or shaU 
levy war against our said lord and lady the king and queen, or adhere 
unto their enemies, giving to them aid and comfort, and thereof be 
attainted or convicted of open deed by their peers i;pon the testimony 
and deposition of two lawful and credible witnesses on oath, brought 
before the offender fice to face at the time of his arraignment, or vol- 
untary confession of the party arraigned, then every such person and 
persons so as aforesaid offending shall be deemed, declared and adjudged 
to be traitors, and shall suffer the pains of death, and also lose and 
forfeit as in cases of high treason. 

[Sect. 5.] If any person shall commit wilful murder upon premed- Murder, 
itated malice, hatred, cruelty or sudden heat of anger, every such person 
shall be put to death. 

[Sect. 6.3 If any person shall slay another through guile, either by Poisoning, 
poysoning or other devillish practice, every such person, their aiders, 
abettors, procurers and councellors, shall suffer death, as in case of 
wilful murder. 

[Sect. 7,] If any woman be delivered of any issue of her body, Concealment of 
male or female, which, if it were born alive, should by law be a bastard, bastard cMid^ 
and that she endeavour luivately, either by drowning or secret buryinsc punished as in 
thereof, or any other way, either by herself or the procuring of others, 
so to conceal the death thereof that it may not come to light, whether 
it were bom alive or not, but be concealed, in every such case the mother 
so offending shall suffer death as in case of murder, except such mother 
can make proof by one witness at the least that the child whose death 
was by her so intended to be concealed was born dead. 

[Sect. 8.] If any man lieth Avith mankind, as he lieth with a woman, Sodomy, 
they both shall be put to death. 

[Sect. 9.] If any man or woman have carnal copulation with any Bestiality, 
beast or bruit creature, they shall be put to death, and the beast shall 
be slain and burned. 



56 



Province Laws. — 1692-3. 



[Chap. 20.] 



Incest. 
Levit. XX. 11, 
12, &c. 

Rape. 



Burning. 



Piracy. 



[Sect. 10,] If any persons commit incest in any of the particular 
instances made capital by the law of God, they shall be put to death. 

[Sect. 11.] If a man shall ravish any woman, committing camal 
copulation with her by force, against her will, he shall be put to death. 

[Sect. 12.] If any man shall unlawfully and carnally know and 
abuse any woman child, under the age of ten years, every such unlaw- 
ful and carnal knowledge shall be felony, and the oifender thereof, being 
duly convict, shall sufier as a felon. 

[Sect. 13.] If any person, of the age of sixteen years and upwards, 
shall wittingly, willingly and feloniously burn or cause to be burned any 
dwelling-house, meeting-house, storehouse or ship, or shall in hke man- 
ner set on fire any out-house, barn, stable, stack of hay, corn or wood, 
whereby any dwelling-house, meeting-house, storehouse or ship shall 
happen to be burned, every such offender shall be put to death. 

[Sect. 14.] If any shall piratically and feloniously seiz any ship or 
other vessel, whether in the harbour or on the high seas, or shall rise up 
in rebellion against the master, officer, merchant or owner of any such 
ship or other vessel and goods, and dispell and dispossess them thereof, 
and exclude the right owners or those betrusted on their behalf, every 
such offender, together with their complices, being legally convicted 
thereof, shall be put to death : provided, alicays, that* any of such com- 
pany (who, through fear or force, have been deemed to comply with 
such wicked action) shall, upon their first arrival in any port or har- 
bour, speedily repair to some justice of the peace and make discovery 
of such piracy, they shall not be liable to the aforesaid j^enalty of death. 
\_Passed October 29. 

" The Act &c., hath likewise been repealed by reason of the Articles relating to Witchcraft, 
Blasphemy, Incest and slaying by develish Practice which are conceived in very uncertain and 
doubtful terms, and in regard that according to the said Acts those Crimes are to be punished 
with death as shall likewise the person that shall slay another upon sudden heat which is not 
conformable to y" Laws of England and in y® Article of Treason no punishment is inflicted for 
counterfeiting the Great Seal of England or the seal of y" Province nor is that article agreeable 
to the statute of the 25th of Edward the third in relation to Treason."— Ze<<ej' from the Privy 
Council, ut supra. 



CHAPTER 20. 



AN ACT FOR THE SUPPRESSING OF UNLICENCED HOUSES, AND THE DUE 
REGULATION OF SUCH AS ARE OR SHALL BE LICENSED. 



None to keep a 
house of com- 
mon entertain- 
ment, or sell 
strong drink 
publicly or pri- 
vately, without 
license, on pen- 
alty of forty 
shillings: one- 
half to the 
informer and 
the other to the 
use of the poor. 



Upon second 
conviction to 
give bond for 
the good be- 
havior. 



JBe it ordained and enacted hy the Governour, Council and jRepresen- 
tatives convened in General Court, and by the authority of the same, 

[Sect. 1.] That no person or persons whatsoever (other than such 
as, upon producing certificate from the selectmen of the to'wn where 
they dwell, or who shall be otherwise thought fit by the justices them- 
selves, shall be hcensed by the said justices in quarter sessions) may 
presume to be a common victualler, innholder, taverner, or seller of 
wine, beer, ale, cyder or strong Uquors by retail ; nor shall any presume, 
without such licence, to sell wine or strong Uquors privately by a less 
quantity than a quarter cask, and that delivered and carried away all at 
one time, on pain of forfeiting the sum of forty shilhngs for every such 
ofience upon due conviction thereof, one-half thereof to the informer, 
and the other half to the use of the poor of the town where such offence is 
committed. And upon a second conviction, besides the forfeiture of 
forty shillings as aforesaid, shall enter into recognizance with one or 
more sureties for the good behaviour, especially not to transgress the 
law in that respect. 

* 5'fc.— "if" omitted? 



[2d Sess.] Province Laws. — 1692-3. 67 

JBe it further enacted by the authority aforesaid^ 

[Sect. 2.] That all licences bo renewed yearly, and bond given for Licenses to be 
the due observance of the same and of the laws, and that the person iudTon/g^en! 
licensed shall use his licence in such house as shall be therein named, 
and no other. And if the justices in quarter sessions shall think fit to Justices may 
licence any person or persons not presenting a certificate as aforesaid wlthouffcertl- 
from the selectmen, the clerk of the sessions, before granting licence to feig^toen upon 
any such, shall signifie the name and desire of every \sucli\ person unto notice given, 
the selectmen of the town where such person dwells, one month before- 
hand, that so they may have opportunity and liberty to oiFer their 
objections against it, if any [such] \shalT\ be. 

And forasmuch as the ancient, [true] and principal use of inns, tav- 
erns, ale-houses, victualling-houses, and other houses for common enter- 
tainment, is for \the'\ receipt, rehef and lodging of travellers and 
strangers, and the refreshment of persons upon lawful business, or for 
the necessary supply of the wants of such poor persons as are not able 
by greater quantities to make their provision of victuals, and are not 
intended for entertainment and harbouring of lewd or idle people to 
spend or consume their money or time there : therefore, to prevent the 
mischiefs and great disorders happening daily by the abuse of such houses. 

It is further enacted by the authority aforesaid^ 

[Sect. 3.] That no taverner, inn-keeper, ale-house keeper or vie- ^^^j^f ^forbid- 
tualler, shall have or keep in or about their houses, out-houses, yards, Sen in pubUc 
backsides, gardens or places to them belonging, any dice, cards, tables, of forty shi?-^^'^ 
bowls, shuffleboard, billiards, coyts, cales, logats, or any other imple- lings, 
ments used in gaming ; nor \_shair\ sufier any person or persons resorting 
[into] [xcnto'] any of their houses, to use or exercise any of the said games, 
or any other unlawful game or sport within their saicl houses, or any of 
the dependences as aforesaid, or places to them belonging, on pain of 
forfeiting the sum of forty shillings for every such offence, upon due 
conviction thereof; the said fine to be disposed of as aforesaid. And Penalty on 
every person convicted of playing as aforesaid in any such house or ^^^ 
dependences thereof, shall forfeit the sum of six shillings and eight- 
pence, to be disposed of as aforesaid. 

And further it is enacted by the authority aforesaid^ 

[Sect. 4.] That any person duly summoned to give in evidence Penalty for 
respecting the breach of this act, in any of the branches thereof (other evidence 
than the partv himself, his children or servants), that shall refuse to ''^^,r '^^^ ^^ff,^'^? 

^ 1 • 11 .Till 1 • , 1 selling without 

give m upon his oath when so required, what he knows relating to the license, 
premises, shall forfeit forty shillings to the use of the poor of the town 
as aforesaid. 

And it is further enacted by the authority aforesaid, 

[Sect. 5.] That every justice of the peace in the county where he One justice may 
dwells, as well as the justices in quarter sessions, are hereby respectively n^ne au oflfen-"^' 
impowi-ed to hear and determine all ofiences against this act, and may ^es against this 
commit the offender to prison, until he pay the said fine and enter into 
recognizance as aforesaid for the good behaviour, or may cause the fine 
to be levied by distress and sale of the ofiender's goods, returning the 
overplus, if any be. [Passed JSFovember 10. 



CHAPTER 21. 

AN ADDITIONAL ACT FOR IMPOST AND EXCISE. 

ISe it enacted by the Governour, Council and Hepresenfatives in Gen- 
eral Court assembled, and by the authority of the same. 

That there shall be paid by the importer for all wines imported into 
this province not particularly named and mentioned in an act entituled 

8 



58 Province Laws.— 1692-3. [Chap. 22.] 

Ante, chap. 5. u j^^ j^^^ foj. Impost, Excise and Tonnage of Shipping," made at the 
first sessions of this court, the sum of ten shilhngs per hogshead, and 
so proportionably for greater or lesser quantities. And that there be 
paid by those that sell any of the said wines by retail, the sum of six 
pence per gallon excise, and so proportionably for greater or lesser 
quantities. And to be under the same regulation, inspection and for- 
feitures as is provided by said act ; and the said payments to be made 
unto the commissioners appointed for the receiving of the rates and 
duties therein mentioned. This present act to remain and continue in 
force only during the time set for continuance of the act before recited, 
and no longer. [JPassed November 10. 



CHAPTER 22. 

AN ACT FOR THE BETTER OBSERVATION AND KEEPING THE LORD'S DAT. 

Se it enacted and ordained by the Governour^ Council and Represen- 
tatives convened in General Court or Assembly^ and it is enacted by the 
authority of the same. 
Labor and [Sect. 1.] That all and every person and persons whatsoever, shall, 

ifed^on'penaity ^^ ^hat day, carefully apply themselves to duties of rehgion and piety, 
of five shillings, publickly and privately; and that no tradesman, artificer, labourer or 
other person whatsover, shall, upon the land or water, do or exercise 
any labour, business or work of their ordinaiy callings, nor use any 
game, sport, play or recreation on the Lord's Day, or any part thereof 
(works of necessity and charity only excepted), upon pain that every 
person so ofiending shall forfeit five shilhngs. 
Further it is ordered and declared, 
Tra,veiiing pro- [Sect. 2.] That uo traveller, drover, horse-courser, waggoner, 
aity*of twenty " butcher, higler, or any their servants, shall ti-avel on that day, or any 
shillings. part thereof, excejit by some adversity they were belated and forced to 

lodge in the woods, Avilderness or highways the night before ; and in 
such case to travel uo further than the next inn or place of shelter [on 
that day'] upon the penalty of twenty shilhngs. 
Further it is ordered, 
Public houses PSect. 3.1 That no vintner, innh older, or other person keeping any 

HOC to cutcrtjiiii •"* • ■*■ xo*/ 

any others than publick house of entertainment, shall entertain or suffer any of the inhab- 
lodgefron pen- i^ants of the respective towns where they dwell, or others not being 
aityofflveshu- strangers or lodgers in such houses, to abide or remain in their houses, 
pem)n.^ ^^^^^ yards, orchards or fields, drinking, or idly spending their time on Satur- 
day night after the sun is set, or on the Lord's Day, or the evening fol- 
lowing, upon the pain and penalty of five shillings for every person, 
payable by themselves respectively, that shall be found so drinking or 
abiding in any such publick house or dependences thereof as aforesaid ; 
and the like svim of five shillings to be paid by the keeper of such house 
for every person entertained by them. 
One justice of [Sect. 4.] And for the better execution of all and every the forego- 
hear'anT deter- ing ordei'S, evciy justice of the peace within his county shall have 
mine any powcr and authority to convent before them any person or persons who 

act. shall offend in any of the particulars before mentioned, and uj^on his 

own view or other legal conviction of any such offence, to impose the 
fine and penalty for the same and to restrain {or] [and] commit the 
offender until it be satisfied, or to cause the same to be levied by dis- 
tress and sale of the offender's goods, retui-ning the overplus (if any 
be) and in case any such offender be unable or refuse to satisfie such 
fine, to cause him to be put in the cage or set in the stocks not exceed- 



[2d Sess.] Province Laws.— 1692-3. 59 

ing three hours ; all fines and penalties accruing by this act to be to the ^"^'M''^^™ . 
benefit and relief of the poor of such town where the ofience is com- act to be to the 
mitted, and delivered into the hands of the selectmen or overseers of '^^^^'^t'^^P^^'"- 
the poor for that end. 

[Sect. 5.] And all masters and governours of families are hereby 
required to take effectual care that their children, servants and others 
under their immediate government do not transgress in any of the fore- 
going particulars. 

[Sect. 6.] And all and eveiy justices of the peace, constables and Justices, con- 
tythingmen are required to take effectual care and endeavour that this requbecUo'see 
act in all the particulars thereof be duly observed, as also to restrain that this act be 
all persons from swimming in the water ; unnecessary and unseasonable ° ^^^^ 
walking in the streets or fields in the town of Boston, or other places ; 
keeping open their shops, or following their secular occasions or recrea- 
tions in the evening preceding the Lord's Day, or [ow] any part of the 
said day or evening following. 

[Sect. 7.] And all persons are strictly required to be obedient to 
and aiding and assisting such justices, constables and other officers 
herein as they will answer [to] the contrary at their peril. [Passed 
October 22. 



CHAPTER 23. 



AN ACT FOR PREVENTION- OF COMMON NUSANCES ARISING BY SLAUGH- 
TER-HOUSES, STILL-HOUSES, &c., TALLOW CHANDLERS, AND CURRIERS. 

j5e it ordained and enacted by the Governour, Council and Hepresen- 
tatives convened in General Court or Assembly^ and by the authority of 
the same, 

[Sect. 1.] That the selectmen of the towns of Boston, Salem and siaughter- 
Charlstown respectively, or other market towns in the province, with bousis' &c!^"to 
two or more justices of the peace dwelling in the town, or two of the i>e in certain 
next justices in the county, shall at or before the last day of March, one Indno^t'^^^ ' 
thousand six hundred ninety-three, assign some certain places in each 
of said towns (where it may be least offensive) for the erecting or set- 
ting up of slaughter-houses for the killing of all meat, still-houses, and 
hovises for trjdng of tallow and currying of leather (which houses may 
be erected of timber, the law referring to building with brick or stone 
notwithstanding), and shall cause an entry to be made in the town- 
book of what jDlaces shall be by them so assigned, and make known the 
same by posting it up in some publick places of the town ; at which 
houses and j^laces respectively, and no other, all butchers and slaughter- 
men, distillers, chandlers and curriers shall exercise and j^ractice their 
respective trades and mysteries ; on joain that any butcher or slaughter- 
man transgressing of this act by killing of meat in any other place, for 
every conviction thereof before one or more justices of the peace, shall 
forfeit and pay the sum of twenty shillings ; and any distiller, chandler 
or currier offending against this act, for every conviction thereof before 
their majesties' justices at the general sessions of the peace for the 
county, shall foifeit and pay the sum of five pounds : one-third part of 
said forfeitures to be to the use of their majesties for the support of the 
government of the province and the incident charges thereof^ one-third 
to the poor of the town where such offence shall be committed, and the 
other third to him or them that shall infonn and sue for the same. 

And for preventing of cruelty to bruit creatures, — 



60 



Province Laws. — 1692-3. 



[Chap. 24.] 



Cruelty to brute 
creatures for- 
bidden. 



Penalty. 



Inflated veal 
&c., forfeited. 



It is further enacted hy the authority aforesaid^ 

[Sect. 2.] That all calves, sheep or lambs brought alive to the mar- 
ket shall be either driven or camed in carts, sleds, panyers or boats, and 
not otherwise, on pain of forfeiting of all calves, -sheep or lambs passing 
towards or brought alive to the market laid across, or hanging by the 
sides of horses (as has been visual), or in any other way contrary to the 
true intent of this act, one-half of all such forfeitures to be unto the 
informers, who shall seiz and prosecute for the same, and the other 
moi[e]ty to the use of the poor of the town where such seizure shall be 
made, to be distributed by the selectmen or overseers of the poor. And 
all selectmen, overseers of the poor, constables, tythingmen and other 
officers in any town upon then- own view or information of any trans- 
gression of this act within their respective precincts, shall and hereby 
are impowred to seiz or cause to be seized all calves, sheep or lambs 
that shall be carrying or brought alive to the market in any other way 
than is before dii-ected ; and upon due proof thereof made before one 
or more justices of the peace shall be forfeited, and the same or the 
value thereof be disposed of as aforesaid. And all veal or other meat 
exposed to sale that shall be blown up or winded, shall be ahke for- 
feited and disposed of. \Pas&ed October 25. 



CHAPTER 24. 



AN ACT FOR AFFIRMING OF FORMER JUDGMENTS AND PROVIDING FOE 

EXECUTIONS. 

"Whekeas, upon tryals had in the late courts of judicature within the 
several colonies now by their majesties' royal charter united and incor- 
porated into one province by the name of the Province of the Mas- 
sachusetts-Bay, several judgments were obtained of wdiich execution 
remains to be done, and some others are depending by appeal, accord- 
ing to the course and practice of the courts then in being, to the end 
that there be no failure of justice for want of a due course of law for 
the prosecuting, obtaining and levying of the same. 

Be it etiacted and ordained by the Governour, Council and Repre- 
sentatives convened in General Court or Assembly, and hy the authority 
of the same, 

[Sect. 1.] That where any appeal as aforesaid is depending, hav- 
ing not been heard, every such appellant shall have a summons from 
the clerk of the superiour court unto the adverse party, to be served 
upon him seven days inclusive before the court's sitting, requiring him 
to appear at the first superiour court to answer the said appeal, where 
the same shall be heard and tryed according to foimer usage upon the 
first evidence and no other; and the judgment to be affiimed or reversed 
as the case shall there be judged upon tryal. And if the appellant neg- 
lect to appear or prosecute his appeal the former judgment shall be 
affii-med, and execution awarded accordingly. 

A7id it is further enacted by the authority aforesaid, 
[Sect. 2.] That where judgement has passed in any count[r]y court, 
or court of commissioners, and execution has not been taken out and 
levied for satisfying of the same, the party for whom any judgement was 
so given, his executors or administrators, shall have a writ of scire facias 
from the clerk of the inferiour court of pleas within the same county in 
which such judgement was obtained, unto the adverse party to appear 
before [the] said court, to shew cause (if any there be) why execution 
should not issue forth. And in case of non-appearance, or that suffi- 



[2d Sess.] Province Laws.— 1692-3. 61 

cient cause be not shewn to the court, the former judgement shall be 
affirmed and execution granted accordingly ; the costs of [the] [this'] 
tiyal to be added unto the same : provided^ that the said writ of scire 
facias be served seven days inclusive before the court's sitting. 

And be it further enacted hy the authority aforesaid^ 

[Sect. 3.] That after one year expired next after giving judgement ^tpj^^n^^^^eM- 
in any court of record within this province, no execution for such judge- expired.^o be 
ment shall be issued out until a writ of scire facias hath been granted ff,+°*tl-!^^*'^" 
out 01 the same court and served upon the adverse party as is beiore facias. 
directed, or left by the sheriff, his under-sheriff or deputy, at his dwell- 
ing or place of usual and last abode, requiring him to appear and shew 
cause (if any he have) why execution ought not to be done. And upon 
his non-appearance, or not shewing of sufficient cause as aforesaid, the 
com't shall thereupon award execution. [Passed N^ovember 8. 



CHAPTER 25. 

AN ACT FOE THE ORDERLY CONSUMMATING OF MARRIAGES. 

£e it ordained and enacted by the Governour^ Council and Represen- 
tatives in Genercd Court assembled, and by the authority of the same, 

[Sect. 1.] That every justice of the peace within the county where Justices or min- 
he resides, and every setled minister in any town, shall and are hereby ivdy\asoiemn- 
respectively impowred and authorized to solemnize marriages, within if?j™'*"i|ses. 
their respective towns and counties, betwixt persons that may lawfully 
enter into such relation, having the consent of those whose immediate 
care and government they are under, and being likewise first published Publishment, 
by asking their banns at three several publick meetings in both the towns °^ '^ ^^^ ^' 
where such parties respectively dwell, or by posting up their names and 
intention at some publick place in each of the said towns, fairly written, 
there to stand by the space of fourteen days, and producing certificate 
of such publishment under the hand of the town clerk or constable of 
such towns respectively. And the fee to be paid for every marriage. Fee for mar- 
shall be three shillings, and for publishment and certificate thereof, one "'*^®' ^°' 
shilUng. 

And be it further enacted, 

[Sect. 2.] That whoever shall presume to deface or pull down any Penalty for 
such publishment posted up in writing, before the expiration of the pubi^lment^. 
time, shall be fined to the use of the poor of the town, the sum of ten 
shillings, being convicted thereof before one or more justices of the 
peace ; and if the party be unable to pay the said fine, then to be set in 
the stocks one whole hour. 

[Sect. 3.] And every justice and minister shall keep a particular Marriages to be 
register of all marriages solemnized before any of them, and make a lo^ie^iei. 
return thereof at the end of each quarter of a year unto the clerk of the 
sessions of the peace within the same county, to be by him registred ; 
who is hereby impowred thereto, and shall be i^aid by every such justice 
and minister, threepence for each marriage so returned. 

And it is further enacted by the authority aforesaid, 

[Sect. 4.] That all controversies concerning marriage and divorce Divorce, 
shall be heard and determined by the govemour and council. 

[Passed November 3. 



62 



Province Laws. — 1692-3. 



[Chap. 26.] 



CHAPTER 26. 

AN ACT FOR THE SETTLEMENT AND SUPPORT OF MINISTERS AND SCHOOL^ 

MASTERS. 



3 Mass. 480. 

Contracts and 
agreements to 
be made good. 



Neglect of 
making suita- 
ble proTision 
for ministers to 
be redressed by 
the quarter 
sessions. 



The court of 
quarter ses- 
sions to take 
care that no 
town be desti- 
tute of a min- 
ister. 



Churches to en- 
joy their priv- 
ileges and free- 
doms. 



Minister chosen 
by the major 

Eart of the in- 
abitants to be 
the minister of 
such town. 



Be it ordained and enacted by the Oovernour, Council and Mepresen- 
tatives convened in General Court or Assembly^ and by the authority of 
the same, 

[Sect. 1.] That the inhabitants of each town within this province, 
shall take due care, from time to time, to be constantly pro\'icted of an 
able, learned orthodox minister or ministers, of good conversation, to 
dispense the Word of Ood to them ; which minister or ministers shall 
be suitably encouraged and sufficiently supported and maintained by the 
inhabitants of such town. And all contracts, agreements and orders 
heretofore made, or that shall hereafter be made by the inhabitants of 
any town within this province, respecting their ministers or school- 
masters, as to their settlement or maintenance, shall remain good and 
valid according to the true intent thereof, the whole time for which 
they were or shall be made, in all the particulars thereof; and shall 
accordingly be pursued, put in execution and fulfilled. And where 
there is no contract and agreement made in any town respecting the 
support and maintenance of the ministry, or when the same happens to 
be expired, and the inhabitants of such town shall neglect to make 
suitable provision therein, upon complaint thereof made unto the quar- 
ter sessions of the peace for the county where such town lies, the said 
court of quarter sessions shall and hereby are impowi'ed to order a com- 
petent allowance unto such minister according to the estate and abiUty 
of the town ; the same to be assessed upon the inhabitants by warrant 
from the court, directed to the selectmen, who are thereupon to proceed 
to make and proportion such assessment in manner as is directed for 
other publick charges, and to cause the same to be levied by the consta- 
bles of such toAvn, by warrant under the hands of the selectmen, or of 
the town clerk by their order, 

Be it further enacted by the authority aforesaid^ 

[Sect. 2.] That where any town shall be destitute of a minister 
qualified as aforesaid, and shall so continue by the space of six months, 
not having taken due care for the procm-ing, setling and encouragement 
of such minister, the same being made to appear upon complaint unto 
their majesties' justices at the general sessions of the peace for the 
county, the said court of quarter sessions shall, and hereby are impowred 
to make an order upon every such defective town, sjjeedily to provide 
themselves of such minister as aforesaid, by the next sessions at the 
furthest ; and in case such order be not complied with, then the said 
court shall take efiectual care to procure and settle a minister qualified as 
aforesaid, and order the charge thereof and of such minister's maintain- 
ance to be levied on the inhabitants of such town. 

And it is further enacted by the authority aforesaid, 

[Sect. 3.] That the respective churches in the several towns within 
this province, shall at all times hereafter, use, exercise and enjoy all 
their privileges and freedoms respecting divine worship, church order 
and discipline, and shall be encouraged in the peaceable and regular 
profession and practice thereof. 

And further it is enacted, 

[Sect. 4.] That every minister, being a person of good conversation, 
able, learned and orthodox, that shall be chosen by the major part of 
the inhabitants in any town, at a town meeting duly warned for that 
purpose (notice thereof being given to the inhabitants fifteen days 
before the time for such meeting), shall be the minister of such town ; 



[2d Sess.] Province Laws.— 1692-3. 63 

and the whole town shall be obliged to pay towards his settlement and 
maintainance, each man his several proportion thereof. 

A^id it is further enacted by the authority aforesaid, 

[Sect. 5.] That every town withm this province, having the number School for 
of fifty householders or upwards, shall be constantly provided of a school- writinf.^'^ 
master to teach children and youth to read and write. And where any ^^^^^^j™^"^ 
town or towns have the number of one hundred families or housholders, 
there shall also be a grammar school set up in every such town, and 
some discreet person of good conversation, well instructed in the 
tongues, procured to keep such school. Every such school-master to 
be suitably encouraged and paid by the inhabitants. And the select- fo^eslT^^rted 
men and inhabitants of such towns, respectively, shall take effectual ° ^^"PPo 
care and make due provision for the settlement and maintenance of such 
school-master and masters. And if any town, qualified as before 
exprest, shall neglect the due observance of this act, for the procuring 
and settling of any such school-master as aforesaid, by the space of one 
year, every such defective town shall incur the penalty of ten pounds penalty for 
for every conviction of such neglect, upon complaint made unto their "^^giect. 
majesties' justices in quarter sessions, for the same county in which such 
defective town lieth ; which penalty shall be toward the support of such 
school or schools within the same county, where there may be most 
need, at the discretion of the justices in quarter sessions, to be levied 
by warrant from the said court of sessions in proportion upon the 
inhabitants of such defective town, as other publick charges, and to be 
paid unto the county treasurer. [Passed Novemher 4. 



CHAPTER 27. 



AN ACT FOR THE SETTLEMENT OF THE BOUNDS, AND DEFRAYING OF THE 
PUBLICK AND NECESSARY CHARGES ARISING WITHIN EACH RESPECTIVE 
COUNTY IN THIS PROVENCE. 

Be it ordained and enacted by the Govemour, Council and Represen- 
tatives in General Court assemhled, and by the authority of the same, 

[Sect. 1.] That all counties, as they now lye and are named, con- Counties to 
tinue and remain distinct counties to all intents and purposes in the law fomeriy.^^ 
whatsoever ; and that there be a county treasurer annually chosen for 
each respective county, being a freeholder within the same, and to be 
chosen by the votes of the freeholders and other inhabitants of each 
respective town, duly qualified as is provided by the act for the choice 
of selectmen and other town oflicers ; and, at the same time, such votes 
to be given in writing, and sealed up by the constable, by him to be kept 
and I'eturned unto the next quarter sessions, to be held for said county, 
there to be opened and sorted by such as the court shall appoint, in 
presence of the justices; and the person having the majority of said choice of coun- 
votes, shall be treasurer of such county for that year, and be sworn ty treasurer, 
before said court. 

And for the due and equal raising of monies for defraying of the 
charges arising within each respective county for the necessary repairs 
and amendment of bridges, prisons, the maintainance of poor prisoners, 
and all other proper county charges, — 

It is further enacted by the authority aforesaid, 

[Sect. 2.] That when and so often from time to time as there shall County 
be need of raising money for the ends aforesaid in any county, the be'dlfrayedT 
justices in quarter sessions for such county, receiving information 
thereof from the county treasurer, shall agree and determine the whole 



64 



Province Laws. — 1692-3. 



[Chap. 28.] 



sum to be raised, and each resi^ective town's projaortion of the same, as 
near as may be according to the rule for raising of money for the 
province charges, and shall issue forth their order unto the selectmen 
of the respective towns to assess the same upon the inhabitants of such 
town, each one his due and equal proportion thereof according to the 
rule before mentioned, as near as may be, to be paid in money or equiva- 
lent thereto ; and to make a distinct list of each person's name and pro- 
portion under their hands, and such list commit unto the constable or 
constables of such town, with a warrant signed by the town clerk, 
directed unto the said constable or constables to levy and collect the 
said assessment of each one his respective proportion ; and to pay in 
their said collections unto the county treasurer, or his order, within the 
time set for the same ; and to make distress upon every person 
neglecting or refusing to make payment. And in default of goods or 
chattels whereon to make distress, to commit the party to the common 
goal of the county, until he make payment or otherwise be released by 
the justices in quarter sessions. And if any person or persons think 
themselves over-rated in any such assessment, they shall be eased by 
the assessors, making the same to appear, or in default thereof, by the 
court of quarter sessions. 

And further it is enacted^ 

[Sect. 3.] That all monies so collected be improved and imployed 
for the ends within mentioned, as the coixrt of quarter sessions shall, 
from time to time, by their order in writing, direct and appoint. And 
the county treasurer in each respective county, shall accomi:»t unto the 
court of quarter sessions, or whom they shall appoint, for all his receipts 
and payments. [^Passed November 18. 



CHAPTER 28. 



Bounds of 
townships to 
continue as 
heretofore 
granted and 
settled, and to 
be run and 
marks renewed 
once in three 
years, under a 
penalty. 
Gray, 466. 



Proprietors of 
lands unfenced 
or in common 
fields to run the 
lines once in 
two years. 



AIT ACT FOR REGULATING OF TOWNSHIPS, CHOICE OF TOWN" OFFICERS, 
AND SETTING FORTH THEIR POWER. 

JBe it ordained and enacted by the Govemour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the bounds of all townships shall be and continue 
as heretofore granted and settled respectively, and shall be run betwixt 
town and town, and marks renewed once in three years, by two of the 
selectmen of each town, or any other two persons whom the selectmen 
shall appoint : the selectmen of the most ancient town to give notice 
unto the selectmen of the next adjacent towns of the time and place of 
meeting for such perambulation six days beforehand, on pain of forfeit- 
ing five pounds by the selectmen of any town that shall neglect their 
duty in any of the particulars aforesaid, two-thirds thereof unto the use 
of the poor of such town, and the other third unto the selectmen of any 
of the next adjacent towns that shall inform and sue for the same in 
the infeiiour court of [common] pleas within the same county, to be 
recovered by action or infonnation. 

\_And~\ be it further enacted by the authority aforesaid, 

[Sect. 2.] That each proprietor of lands lying unfenced, or in any 
common field, shall once in two years, on six days' warning before given 
him by the next proprietor or proprietors adjoyning, run the lines, make 
and keep up the bounds between them, by sufiicient mete-stones, on 
pain that every party so neglecting or refusing shall forfeit the sum of 
ten shillings, one-half to the pai-ty moving, and the othei* half to the 
use of the poor of the town, being convented and convicted of such 



[2d Sess.] Peovince Laws. — 1692-3. 65 

neglect ot refusal before any justice of the peace within the same 
county, who is hereby irapowred to hear and detennine the same. 

And further it is enacted by the authority aforesaid, 

[Sect. 3.] That the proprietors of the undivided or common lands Some more 
within each town and precinct in this province, where the same have bTimproved!* 
been heretofore stated, each one's proportion being known, shall and J*y^^|^^227^^- 
hereby are impowred to order, improve or divide in such way and man- s Alien, 13! 
ner as shall be concluded and agreed upon by the major part of the 13 Allen, 543. 
interested, the voices to be collected and accoiinted according to the 
interests. And the proprietors of all undivided [or] [and] conunon 
lands not stated and proportioned as aforesaid, shall and hereby are 
impowred to manage, improve, divide or dispose of the same as hath been 
or shall be concluded and agreed [up]on by the major part of such propri- 
etors. That no cottage or dwelling-place in any town shall be admitted 
to the priviledge of commonage [/or] [of] woods, timber and herbage, 
or any other the priviledges which lie in common in any town, or pecu- 
liar, other than such as were erected or privilcdged by the grant of such 
town or peculiar before the year one thousand six hundred sixty-one, or 
that have been since, or shall hereafter be granted by the consent of 
any town or peculiar. 

And' whereas, it has been a continued practice and custome [with]in 
the several toAvns \within'\ [of] this province annually to choose selectmen 
or townsmen, for the ordenng and managing [o/] the prudential affairs 
of such town, and other town officers for the executing of other matters 
and things in the laws appointed by them to be done and performed, — 

Be it further ordained and enacted hy the authority aforesaid, 

[Sect. 4.] That the freeholders and other inhabitants of each town, Qualification of 
ratable at twenty pounds estate, to one single rate besides the poll, shall meltTngs.*°^'^" 
some time in the month of March, annually meet and convene together, 
upon notice given by the constable or constables of \_sucK\ [said] town, 
or such other[s] as the selectmen or townsmen shall appoint, to give 
notice of such meeting, and the time and place for the same, and by the selectmen, con- 
major vote of such assembly, then and there shall choose three, five, ^^^1^%^^ 
seven or nine persons, able and discreet, of good conversation, inhabit- officers to be 
ing within \_sucli\ [said] town, to be selectmen or townsmen and ovei-- tnta March°^ 
seers of the poor, where other persons shall not be particularly chosen 9 Pick. 152. 
to that office (which any town may do as they shall find it necessary Town clerk to 
and convenient), as also to nominate and choose a town clerk, who shall t>e under oath, 
be sworn truly to enter and record all town votes, orders, grants and 
divisions of land made by such town, and orders made by the select- 
men, a commissioner for assessments, constables, surveyers of highways, 
tythingmen, fence-viewers, clerks of the market, sealers of leather, and 
other ordinary town officers. And the town clerk or two of the select- conBtabies to 
men shall forthwith make and give out [w/i]to the constable or consta- offi2™s"o*be'^ 
bles of such town a list of the names of those that shall be then chosen sworn under a 
to the office of town clerk, constables, tythingmen, clerks of the market, ^^^^ *^" 
sealers of leather, and other officers, of whom an oath is by law required ; 
which constable or constables, within the space of six days at furthest, 
shall summon each of them respectively to a])pear before the quarter 
sessions, if then sitting, or one of the next justices of the peace, to be 
sworn to the faithful discharge of their respective offices and trust, on 
penalty of twenty shillings to the use of the poor of the town, to be 
paid by each constable neglecting of his duty in that behalf, upon con- 
viction thereof before one justice of the peace, and upon non-payment 
to be levied by distress : provided, that no person in commission for any persons ex- 
office, civil or military, church officer or member of the house of repre- empted from 
sentatives for the time being, nor any other who has served as constable stables. 
within the space of seven years before, shall be chosen to the office of 
constable. 



66 



Province Laws. — 1692-3. 



[Chap. 28.] 



Towns or se- 
lectmen having 
instructions, to 
make orders 
and by-laws. 



Orders and by- 
laws in towns 
to be approved 
by the quarter 
sessions. 
Penalty to be 
levied by war- 
rant from a 
justice. 



Selectmen to 
make assess- 
ment for county 
and town 
charges. 



3 Mass. 280. 



Assessors or 
town clerk to 
make out a 
warrant for 
levying the 
same. 



Distress to be 
made on delin- 
quents. 



Persons over- 
rated to be 
eased. 
12 Met. 217. 

Constables to 
settle and issue 
their accounts 
within three 
months after 
the expiration 
of their year. 



It is further enacted by the authority aforesaid, 

[Sect. 5.] That the freeholders and inhabitants qualified as in this 
act [is'\ mentioned in each respective town, in any town meeting, 
orderly warned according to the usage [in'] [of] such town, or the 
major part so assembled, or the selectmen having instructions given 
them in writing by the to^vn for that purpose, be and hereby are 
impowred from time to time to make and agree upon such necessary 
rules, orders and by-laws for the directing, managing and ordering the 
prudential affiiirs of such town, as they shall judge most conducing to 
the peace, welfare and good order thereof, and to annex penalties for 
the observance of the same, not exceeding twenty shillings for one 
offence : provided, that they be not repugnant to the general laws of the 
province. And such orders and by-laws being presented unto the jus- 
tices in quarter sessions, and approved [of] by them, shall be estab- 
hshed and binding to all the inhabitants of such town, and the penalty 
for breach of any of them by any of the inhabitants to be levied by 
warrant of distress from any justice of the peace before whom such 
offender shall be convicted, to the use of the poor of such town. 

And further it is enacted by the authority aforesaid, 

[Sect. 6.] That the selectmen or townsmen chosen as aforesaid in 
each town respectively, be and hereby are impowred to assess the inhab- 
itants and others resident within such town and the iDrecincts thereof, 
and the lands and estates lying within the bounds of such town, in just 
and equal proportion as near as may be unto the county charges, accord- 
ing as they shall receive order from the court of quarter sessions to be 
held for the same county ; and to all town charges each particular per- 
son according to his known ability and estate, such sum and sums as 
hath or shall be ordered, granted and agreed upon from time to time by 
the inhabitants in any town-meeting regularly assembled, or the major 
part of those jDresent at such meeting, for the maintenance and suj^port 
of the ministry, schools, the poor, and for the defraying of other neces- 
sary charges arising within the said town, and thereof to make distinct 
and perfect lists under their hands, or the major part of them, setting 
down every person's name and several proportion ; and shall thereupon 
make out a warrant to be signed by the said assessors or the town 
clerk, by their order (who arc hereby respectively impowred thereto), 
directed unto the constable or constables of the said town for the sjieedy 
levying and collecting of such assessments ; and to pay in the same unto 
the selectmen, or to such person as they shall appoint for receiver, 
within the time thereby prefixt, and to make distress upon all such 
[as] [icho'] shall [jieglect or] refuse to make payment. And for want 
of goods or chattels whereon to make distress, to seize the person and 
commit liim to the common goal of the county, there to remain until 
he pay the sum upon him assessed as aforesaid, unless the same, or any 
part thereof, upon application made unto the quarter sessions, shall be 
abated. And if any person think himself overrated, and make it so 
appear unto the assessors, he shall be eased ; and if they refuse, such 
person agrieved may make his aj^i^lication unto the justices in quarter 
sessions, who arc hereby impo-UTcd to rectifie the same. And all con- 
stables having any such assessment committed unto them, shall settle 
and issue their accompts thereof with the selectmen, or receiver 
appointed by them, within three months after their time or year is 
expired, on pain of forfeiting the sum of twenty shillings per month for 
each month's neglect afterward, to the use of the poor of such town, 
and to be levied by distress upon such delinquent constable's goods, by 
warrant from one justice of the peace, being convented and convicted 
of such neglect before him, who is hereby thereto impowred : provided, 
nevertheless, that every constable, at the end of every three months, 
shall pay in as aforesaid so much as he shall have collected within that 
time. 



[2d Sess.] Province Laws.— 1692-3. 67 

Aiid it is further enacted by the authority aforesaid, 

[Sect. 7.] That the selectmen or overseers of the poor in each town ^^|iP?[|°^/g ^^ 
(where there are such chosen and specially appointed for that service) be employed, 
are hereby impowred and ordered to take effectual care that all chil- 
dren, youth, and other persons of able body living within the ^ same 
town or precincts thereof (not having estates otherwise to maintain 
themselves) do not hve idly or mispend their time in loitering, but that 
they be brought up or imployed in some honest calling, which may be 
profitable unto themselves and the pubUck. And if any person or per- upon refusal to 
sons fit and able to work shall refuse so to do, but loiter [«»(^] [or] lo'thehousfof* 
mispend his or her time, wander fi-om place to place, or otherwise mis- correction, 
order themselves, and thereof be convicted before one or more justices 
of the peace, such person or persons shall by [said] [swcA] justice or 
justices be sent to the house of correction, and at their entrance be 
whipped on the naked back, by the master of such house or such other 
as he shall procure, not exceeding ten lashes ; and be there kept to hard 
labour until he or she be discharged by such justice or justices or the 
quarter sessions of the peace for the same county. And it shall and Poor children 

T^,,„,„,, ^ /.^i li • Ti to be bound out 

may be lawful for the overseers oi the poor or selectmen m each town apprentices, 
where there are no other persons specially chosen and appointed to be 
overseers of the poor, [that] [ancZ] they are hereby ordered with the 
assent of two justices of the peace, to bind any poor children belonging 
to such town to be apprentices where they shall see convenient, a man- 
child until he shall come to the age of twenty-one years, and a woman- 
child to the age of eighteen years, or time of maniage ; which shall be 
as effectual to all intents and purposes as if any such child were of full 
age and by indenture of covenant had bound him or her self. 

A7id it is further enacted by the authority aforesaid, 

[Sect. 8.] That every person and persons (except as in this act is Penalty for not 
before excepted) being duly chosen as aforesaid to serve in the ofiice of office"f/con-^ 
constable, who shall refuse to take the oath to that ofiice belonging stable. 
and to serve thei-ein, if he be able in person to execute the same, shall 
pay the sum of five pounds to the use of the poor of such town, 
and if in the towns of Boston \or'] [and] Salem the sum of ten pounds, 
and shall forthwith declare his acceptance or refusal, and the town shall 
proceed to a new choice, and if such person refuse to pay down his fine, 
he shall be convented before the next sessions of the peace to be held 
for that county in which such town lieth, who upon certificate under 
the hand of the town clerk or two or more of the selectmen that such 
person was legally chosen to the office of constable, and shewing no 
just cause to the sessions for his excuse, the justices shall order a war- 
rant to be signed by the clerk of the peace, directed to any of the con- 
stables then in being within such town, to levy the said fine by distress 
and sale of such offender's goods, returning the overplus (if any be) : 
said fine to be delivered unto the overseers of the poor or selectmen to 
the use of the poor of such town. 

And be it further enacted by the authority aforesaid, 

[Sect. 9.] That if any person or persons come to sojourn or dwell Persons enter- 
in any town within this province or precinct[s] thereof, and be there town by the 
received and entertained by the space of three months, not having been „^onf]j*s^a*ndnot 
warned by the constable or other pereon whom the selectmen shall warned' out, to 
appoint for that service to leave the place, and the names of such persons inhabitants, 
with the time of their abode there, and when such warning was given 3 Mass. 322. 
them, returned unto the court of quarter sessions, every such person loi/ill'. ' 
shall be reputed an inhabitant of such to^Ti or i^recmcts of the same ; \^ W^^^s. 508. 

- i /.I • ii-i 1 ' \2 Mass. 384. 

and the proper charge of the same m case through sickness, lameness, 14 Mass. 364. 
or otherwise they come to stand in need of relief, to be born by such i*pick?245^.*' 
town, unless the relations of such poor uiipotent person in the line or 2 Pick. 430. 
degree of father or grandfather, mother or gi-andmother, children or I9 pick! 4S9.' 



68 



Province Laws. — 1692-3. 



[Chap. 29.] 



23 Pick. 170. 
7 Gray, 230, 
236. 

Persons of 
ability to re- 
lieve their poor 
relations. 



Persons ■warned 
out of any town 
to depart in 
fourteen days, 
or else to be 
sent by the 
constable. 



Constables to 
warn town- 
meetings. 



Penalty for 
neglect. 



Justice to give 
warrant for 
town-meeting, 
in case, &c. 



grandchildren be of sufficient ability ; then such relations respectively 
shall relieve such poor person in such manner as the justices of the 
peace in that county where such sufficient persons dwell shall assess, on 
pain that every one failing therein shall forfeit twenty shillings for 
every month's neglect, to be levied by distress and sale of such offend- 
er's goods by warrant from any two such justices of the peace {quorum 
umis) Avithin their limits, which shall be imployed to the use and relief 
of such imjjotent poor person : provided, nevertheless, this act shall not 
be understood of any persons committed to prison, or lawfully restrained 
in any town, or of such as shall come or be sent for nursing or educa- 
tion, or to any physician or chirurgeon to be healed or cured ; but the 
particular persons who receive and entertain any such shall be the 
town's security in their behalf, and be obliged to relieve and support 
them in case of need, upon complaint made to the quarter sessions, who 
shall accordingly order the same. 

And [be] it \is~\ further enacted by the authority aforesaid, 
[Sect. 10.] That any person orderly warned as aforesaid to depart 
any town whereof he is not an inhabitant, and neglecting so to do by 
the space of fourteen days next after such warning given, may by war- 
rant from the next justice of [the'] peace be sent and conveyed from 
constable to constable unto the town where he properly belongs or had 
his last residence at his own charge, if able to pay the same, or other- 
wise at the charge of the town so sending him. 

And further it is enacted by the authority aforesaid, 
[Sect. 11.] That when and so often as' there shall be occasion [of] 
[for] a town meeting for any business of pviblick concernment to the 
town there to be done, the constable or constables of such town, by 
order from the selectmen or major part of them, or of the town clerk 
by their order, in each respective town within this province, shall warn 
a meeting of such town having order for the same in writing, on pain 
that every constable neglecting his duty in that resj)ect, and being 
thereof convicted before one justice of the peace, shall forfeit the sum 
of twenty shilUngs to the use of the poor of such town, and to be levied 
by distress and sale of such offender's goods by wan-ant from such jus- 
tice of the peace upon neglect or refusal of payment. And in case the 
selectmen in any town shall unreasonably deny to call a meeting of the 
inhabitants of such town upon any publick occasion thereof, the same 
being complained of and made to appear to one of the next justices of 
the peace within the same covmty, such justice by his warrant directed 
to the constable or constables may order a meeting of the inhabitants 
of such town therein signifying the occasion thereof. 

[Passed November 16. 



CHAPTER 29 



1095. 



AN ACT FOR ISIAKING OF LANDS AND TENEMENTS LIABLE TO THE PAY- 

MENT OF DEBTS. 

Disallowed by Wheebas the estates of persons within this province do chiefly con- 
ciJ*" August 22r sist of houses and lands, which give them credit, some being remiss in 
paying of their just debts, others happening to dye before they have 
discharged the same, — 

It is therefore ordained and enacted by the Governour, Council and 
Bepresentatives convened hi General Gourt, and by the authority of the 
same, 

[Sect. 1.] That all lands or tenements belonging to any person m 
his own proper right in fee simple shall stand charged with the payment 



[2d Sess.] Provlnce Laws.— 1692-3. 69 

of all just debts owing by such person, as well as his pei-sonal estate, and 

shall be liable to be taken in execution for satisfaction of the same, 

where the debtor or his attourney shall not expose to view and tender 

to the officer personal estate sufficient to answer the sum mentioned in 

the execution, with the charges. And all executions duly served upon 

any such houses and lands, being returned into the clerk's office of the 

court out of which the same issued, and there recorded, shall make a 

good title to the party for whom they are so taken, his heirs and assigns 

forever. Also where the goods and moveables of any person deceased Superiour court 

shall not be sufficient to answer- the just debts which the deceased execvito?s^nd 

owed, upon representation thereof and making the same to appear unto administrators 

the superiour court within the county where such deceased person last payment^o/"^ 

dwelt, the said court are hereby impowred to Ucence and authorize debts. 

the executor or administrator of such person deceased to make sale of 

all or any part of the houses and lands of the deceased so far as 

shall be necessary to satisfie the just debts which the deceased owed at 

the time of his death ; and every executor or administrator being so 

licenced and authorized shall and may by virtue of such authority make 

and execute deeds or conveyances in due form for such houses and 

lands as they shall so sell, which instruments shall be a good title to the 

purchase!'. 

And further it is enacted hy the authority aforesaid^ 
[Sect. 2.] That where any person shall make sale or other aliena- 
tion of any lands or tenements to him of right belonging with intent to 
defeat and defraud his creditors of their just debts, not I)07ia fide for 
good and valuable consideration paid, all such sales and ahenations are 
to be deemed covenous and fraudulent, and shall be of none effi3ct to 
bar any creditor from such debt as is to him owing. 

[JPassed October 18. 

" And forasmuch by the Act &c., no provision has been made for securing tlie debts due to 
the Crown, the said Act is likewise repealed." — Letter from the Privy Council, ut sujpra. 



CHAPTER 30. 

AN ACT FOR DUE REGULATION OF WEIGHTS AND MEASURES. 

To the end that weights and measures may be one and the same 
throughout this their majesties' province, — 

J^e it enacted and ordained by the Governour, Council and Represen- 
tatives in General Court assembled^ and by the authority of the same^ 

[Sect. 1.] That the brass and copper weights and measures formerly 
sent out of England, with certificate out of their majesties' exchequer, 
to be approved Winchester measure, according to the standard in the 
exchequer, be the publick allowed standard throughout this their majes- 
ties' province, for the proving and sealing [of] all weights and measures 
thereby. And the constables of every town throughout this province, 
not already supphed, shall within three months next coming, provide 
uj)on the town's charge, one bushel, one half bushel, one peck, one 
half peck, one ale quart, one wine pint and half pint, one ell, one yard, 
one sett of brass weights to four pounds, after sixteen ounces to the 
pound, with fit scales and steel beam, tried and proved by the afore- 
said standard, and sealed by the treasurer, or his deputy in his presence 
(which shall be kept and used only for standards in the several towns), 
who is hereby authorized to do the same ; for which he shall receive 
from the constables of each town twopence for every weight and 
measure so tried \and'\ proved and sealed. And the constables of 



70 Province Laws.— 1692-3. [Chap. 31.] 

every town shall commit those weights .and measures unto the custody 
of the selectmen of their towns for the time being, who with the con- 
stables are hereby enjoyned to choose one able man for sealer of all 
weights and measures for their town from time to time, and till another 
be chose, who shall be presented unto the next court of sessions, and 
there sworn to the foithful discharge of his duty ; and shall have power 
to send forth his wan-ants by the constable to all the inhabitants of 
such town, to bring in all such weights and measures as they make use 
of, in the month of April, from year to year, at such time and place as 
he shall appoint, and make return to the sealer in writing of all persons 
so smnmoned. That then and there all such weights and measures 
may be proved and sealed with the town seal, — which is Ukewise to be 
provided by the constables at each town's charge, who shall have for 
every weight and measv\re so sealed one penny from the owner thereof 
at the first sealing. And all such Aveights and measures as cannot be 
brought to their just standard he shall deface and destroy; and after 
the first sealing shall have nothing, so long as they continue just with, 
the standard. 

And it is further enacted hy the authority aforesaid, 
[Sect, 2.] That if any constable, selectman or sealer do not duly 
execute this law so far as to each and every of them appertains, they 
and each of them shall forfeit to their majesties^ for every such neglect, 
by the space of one month the sum of forty shillings, towards the sup- 
13ort of their government here. And every person neglecting to bring 
in their weights and measures at the time and place appointed, being 
duly warned thereto, shall likewise forfeit three shillings and four- 
pence ; the one-half whereof to be to their majesties as aforesaid, the 
other half to the sealer aforesaid. And the jDcnalty herein mentioned 
to be levied by distress, by warrant from any justice of the peace. 
And [be it] [it is'] further enacted by the authority aforesaid, 
[Sect. 3.] That in every seaport town within this province the con- 
stable or constables are to provide upon the toAvn's charge one hundred 
weight, one half hundred, one quarter of a[?i] hundred, and one four- 
teen jDounds weight made of iron, to be tried, proA^ed and sealed as 
aforesaid, and be kept as standards in the [sai(I] several towns, to be 
used as before for other As^eights and measures is directed. 

[Passed N'ovemher 1. 



CHAPTER 31. 



AN ACT AGAINST THE COUNTERFEITING, CLIPPING, ROUNDING, FILING OR 
IMPAIRING OF COYNES. 

Disallowed by "Wheeeas divers false and evil disposed persons have attempted and 
df Au ^^st s^'^" pi'actised, for wicked lucre and gain's Sc^ke, to diminish, impair and falsi- 
1695. "' fie the money and coynes currant Avithin this province, by counterfeiting 

or clipping, rounding or filing thereof, not only to the great discredit of 
the province and the government thereof, but also to the great loss and 
damage of their majesties' subjects ; and more is like to be if the same 
be not speedily met Avithal and prevented : for remedy whereof, — 

Be it enacted, and declared and established by the Governour, Council 

and Representatives, in General Court assembled, and by the authority 

of the same, 

^iHnd'^ieces [^ECT. 1.] That the coyu of the late Massachusetts Colony shall 

of eight oFi7 pass curraut at the rate it was stampt for. And pieces of eight, sevil, 

Se^cuSfnt. pill-^1' ^ncl Mexico, of full seventeen penny-weight, shall pass currant at 



[2d Sess.] Province Laws.— 1692-3. 71 

six shillings per piece, and half pieces of due weight, j??/'0 rata^ and 
quarter pieces of the same coin at sixteen pence per piece, and realls of 
the same coin at eightpence per piece. 

[Sect. 2.] And whosoever, from and after the publication of this ^^^^^t^^^g^'^fng^ 
act, shall attempt and practice the counterfeiting, or clipping, rounding, clipping &c. of 
filing, or otherwise diminishing or debasing any of the monies and coins *=°"^®- 
currant within this province, being thereof lawfully convicted before the 
justices of assize, shall forfeit double the value of the money so coun- 
terfeited, clipped, rounded or filed, one-half to their majesties towards 
the support of the- government, and the other half to the informer ; 
and shall also stand in the pillory, in some open place in the shire town 
of that county where the offence is committed, and there have one of 
his ears cut of. {Passed JSfommber 24. 

" The Act &:c., is also repealed, the punishment thereby inflicted being only forfeiture of 
double the value of y" Coin impaired & standing in y» Pillory and loosing an ear it being 
thought fit that these Crimes ought to be punisht as in England." — Lttler from the Privy 
Council, ut sujpra. 



CHAPTER 32. 

AN ACT FOR THE REGULATING AND ENCOURAGEMENT OF FISHERY. 

Upon consideration of great damage and scandal, that hath happened 
upon the account of pickled fish, although afterwards dried and hardly 
discoverable, to the great loss of many, and also an ill reputation on 
this province, and the fishery of it, — 

J?e it therefore enacted hy the Govemour^ Council and Representa- 
tives^ convened in General Court or Asseinbly, and it is enacted hy the 
authority of the same, 

[Sect. 1.] That no person or persons whatsoever, after the pubUca- No mackerel to 
tion hereof, shall save or salt any sort of fish (that is intended to be before*\he^first 
dried) in cask or fattes, or any other way then what hath formerly and of J"i7- 
honestly been practised for the making of dry fish, on penalty of for- How dry fish 
feiting all such fish so salted and pickled, whether it be green or drye ; 
the one moiety thereof to the use of the poor of the town where the 
oflTence is committed, and the other moiety to the person that shall sue 
for the same. 

And it is further enacted by the authority aforesaid, 

[Sect. 2.] That henceforth no mackrel shall be caiTght (except for 
spending whilst fresh) before the first of July annually ; and no person 
or persons whatsoever, after the j^ublication hereof, shall at any time or 
place within this province take, kill, or hale ashore any mackrel, with 
any sort[s] of nets or sa'ens whatsoever, on penalty of forfeiting all Penalty for tiik- 
such mackrel so taken or haled ashore, and also all such nets and sa'ens Jfefs'orVehfesl'^ 
which were so imployed; the one-half thereof to their majesties towards 
the support of this their government, and the other half to him or them 
that shall infonn and sue for the same. And all justices are hereby 
impowred, and required to grant their warrants for the seizing of the 
same and the aforesaid forfeitures, or the receiving of the hke value in 
currant money of this province. [^Passed November 26. 



72 



Peovince Laws. — 1692-3. 



[Chap. 33.] 



CHAPTER 33. 

AN ACT FOR THE ESTABLISHING OF JUDICATORIES AND COURTS OF JUSTICE 
WITHIN THIS PROVINCE. 



Disallowed by 
the privy couu 
cil, Aug. 22, 
1095. 



For the more orderly regulation and establisliment of courts of justice 
throughout this province, — 

Be it enacted and ordained by His Excellency the Governour^ Ooimcil 
and Representatives convened in Genercd Assembly, and it is hereby 
enacted and ordained by the authority of the same. 
Justices' court. [Sect. 1.] That all manner of debts, trespasses and other matters 
not exceeding the value of forty shillings (wherein the title of land is 
not concerned), shall and may be heard, tryed, adjudged and deter- 
mined by any of their majesties' justices of the peace, of this province, 
within the respective countys where he resides, who is hereby impowred, 
upon complaint made, to grant a warrant or summons against the party 
complained of, seven days before the day of tryall or hearing, thereby 
requiring him or them to ai:)pear and answer the said complaint, and in 
case of non-appearance, to issue out a warrant of contempt, directed to 
the constable or other officer, to bring the contemner before him, as 
well to answer the said contempt as the ijlantiffs action, and, if he see 
cause, to fine the said contemner : provided, the said fine exceed not 
ten shillings, to be accounted for to the treasurer of the county, towards 
the support of the government; and after judgment given in either case, 
may grant warrants of distress, directed to the constable or other officer, 
to levy the said fine, debt or damage with charges, upon the defendant's 
goods and chattels, who by vertue thereof shall expose the same to sale, 
returning the overplus (if any be) to the defendant ; and for want of 
such distress, to take the body of svich defendant into custody, and him to 
carry and convey to the common goal of the county or precinct, there to 
remain until he hath satisfied the said fine, debt or damage, with charges. 

[Sect. 2.] And in case such complainant be nonsuited or judgment 
pass against him, then the said justice is hereby impowred to assess to 
the defendant reasonable costs against such complainant, to be levied 
and recovered in manner and form above expressed. 

[Sect. 3.] And the said justice is hereby required to keep fair 
records of all his proceedings therein from time to time : provided, 
always, nevertheless, that the j^arty cast shall have liberty to appeal to 
the next inferiour court of common pleas to be holden for the same 
county, he entring into recognizance with one sufficient suretie in 
double the value of the debt or damage sued for, and sufficient to 
answer all costs, to prosecute the said apioeal there with effi^ct, and to 
abide the order of the said court where such case shall be tryed, there 
to receive a final issue : 

Provided, also, that the party appealing shall bring the copies of 
the whole case to said court, and each party shall be there allowed the 
benefit of any further plea or evidence ; and if upon any such new 
plea or evidence, the judgement happen to be reversed, the aj^pellant 
shall have no costs granted for the first tryal. 

J3e it further enacted and ordained by the authority aforesaid, 

[Sect. 4.] That there shall be held and kept in each respective 
county within this province, yearly, at the times and places hereafter 
named and exj)ressed, four courts or quarter sessions of the peace, by 
justices of the peace of the same county, who are hereby impowred to 
hear and deteimine all matters relating to the conservation of the peace 
and punishment of offi3nders, and whatsoever is by them cognizeable 
according to law ; that is to say, for the county of Suffolk, at Boston, 
on the first Tuesdays in March, June, September and December; for 
the county of Plymouth, at Plymouth, on the third Tuesdayes in 3larch, 



Quarter ses- 
sions of the 
peace. 



[2d Sess.] Province Laws.— 1692-3. 73 

Juno, September and December ; for the county of Essex, at Salem, on 
the last Tuesdayes in June and December ; at Ipswich, on the last Tues- 
day in March, and at Newbury on the last Tuesday in September ; for 
the county of Middlesex, at Charlstown, on the second Tuesdayes in 
March and December ; at Cambridge, on the second Tuesday in Sep- 
tember, and at Concord, on the second Tuesday of June ; for the county 
of Barnstable, at Barnstable, on the first Tuesdayes in April, July, 
October and January; at Bristol, for the county of Bristol, on the 
second Tuesdays in April, July, October and January ; for the county 
of York, at York, on the first Tuesdayes in April and July ; and at 
Wells, on the first Tuesdayes in October and January ; and, for the 
comity of Hampshire, at Northampton, on the first Tuesdayes in March 
and June; at Springfield, on the last Tuesdayes in September and 
December ; and that there be a general sessions of the peace held and 
kept at Edgar Town upon the Island of Capawock alias Martha's 
Vineyard, and on the Island of Nantucket respectively, iipon the last 
Tuesday in March and on the first Tuesday of October yearly, from time 
to time. 

And it is further enacted by the authority aforesaid, 

[Sect. 5.] That at the times and places before mentioned, there Courts of com- 
shall be held and kept in each respective county and islands before "loJipi^as. 
named within this province, an inferiour court of common pleas, by fou.r 
of the justices of and residing witliin the same county and islands 
respectively, to be appointed and commissionated thereto, any three of 
whom to be a quorum, for the hearing and determining of all civil 
actions arising or hapning within the same, tryable at the common law, 
of what nature, kind or quality soever ; and upon judgment given 
therein, to award execution : provided, nevertheless, that it shall be in Appeal to tho 
the liberty of the party cast in any of the said inferiour courts, to appeal ^"P^"*^^ ^'""^ • 
from the verdict and judgment given therein, unto the next superior 
court to be held within or for the same county, the case there to be 
tryed to a final issue ; or by a new j^rocess, once and no more, to Review, 
review the said case in the same court where it was first tryed, and 
within the space of ten days, after judgment given upon such tryall by 
review, the party agrieved may bring his writt of error for a tryall of 
the said case at the next superiour court, to be held within or for the 
same county, there to receive a final issue and determination. 

Provided, also, that the party appealing or bringing any writt of error 
as aforesaid, shall first enter into recognizance with sufficient su.reties, 
before one or more of the justices of the court appealed from, and upon 
writt of error, before one or more of the justices of the superiour court, in 
double the value of the debt or damage recovered, that he will prose- 
cute the same appeal or writt respectively with efiect and abide the 
order of the court ; no apj^eal to be admitted after the time of the 
court's sitting nor after execution granted, and the i^arty appealing to 
bring the copies of the whole case unto the superior court, where each 
party shall be allowed the benefit of any new and further pl«a and 
evidence. And if upon any such new plea and evidence, the judgement 
happen to be reversed, the appellant shall have no cost granted him for 
the first tryal. 

Provided, also, that every appellant as aforesaid shall give in a decla- 
ration, briefly setting forth the reasons of his appeal, unto the clerk of 
the court appealed from, fourteen days inclusively before the sitting of 
that court where such appeal is to be tryed. 

And it is further enacted by the authority aforesaid, 

[Sect. 6.] That there shall be a superiour court of judicature over Superior conrti 
this whole province, to be held and kept annually at the respective 
times and places hereafter mentioned, by one chief justice and four other 
justices, to be appointed and commissionated for the same, three of 

10 



74 Peovince Laws.— 1692-3. [Chap. 33.] 

whom to be a quorum ; wlio shall have cognizance of all pleas, real, 
personal or mixt, as well in all pleas of the crown, and in all matters 
relating to the conservation of the peace and pvmishment of offenders, 
as in civil causes or actions between party and party, and between their 
majesties and any of their subjects, whether the same do concern the 
realty and relate to any right of freehold and inheritance, or whether 
the same do concei-n the personalty and relate to matter of debt, con- 
tract, damage or personal injury, and also in all mixt actions which 
may concern both realty and personalty ; and, after deliberate hearing, 
to give judgment and award execution thereon. The said superiour 
court to be held and kept at the times and places within the respective 
counties following ; that is to say, within the county of Suffolk, at Bos- 
ton, on the last Tuesdayes of April and October ; Avithin the county of 
Middlesex, at Charlstown, on the last Tuesdayes of July and January ; 
within the county of Essex, at Salem, on the second Tuesday of Novem- 
ber ; and at Ipswich, on the second Tuesday of May ; within the coun- 
ties of Plimouth, Barnstable and Bristol, at PHmouth, on the last 
Tuesday of February, and at Bristol, on the last Tuesday of August. 
And be it further enacted hy the authority aforesaid, 
[Sect. 7.] That the tryal of all civil causes by appeal or wi-it of 
error, from any of the inferiour courts -within the respective counties of 
York or Hampshu-e, the Islands of Capawock alias Martha's Vineyard, 
and Nantucket, shall be in the superiour court to be held at Boston or 
Charlstown. 
And further it is enacted, 
Court of assize [Sect. 8.] That when and in what county soever the said superiour 
gaol^eUvTry. court shall sit, the justices thereof shall hold a court of assize and general 
goal delivery for the said county, at the same time, as occasion shall be. 
And there shall be held and kept a court of assize and general goal 
delivery for the respective counties and places of York, Hampshire, the 
the Islands of Capawock, alias Martha's Vineyard, and Nantucket, 
within the same, from tune to time as the govemour and council, advis- 
ing with the justices of the superiour court, shall direct and appoint, 
according as occasion may be. 

And it is further enacted by the authority aforesaid. 
Plaintiff's [Sect. 9.] That it shall be in the liberty of any plaintiff to begin 

his^smt*in thf ° his Suit either in the inferiour or superiour court, at his pleasure ; and 
inferior or where the original process is made out of the superiour court, the party 
superior cour . ^^^^ q\i^\\ have liberty to review his case in the said superiour court once 
No action under and no more: provided, nevertheless, that none of the said inferiour 
^^^?*'3?°l?A*^i„ courts shall receive any action under the value of forty shillings ; nor 

come originally ,,_ . ,•', , „, iiii^ • ^ ^i 

to the superior shall any action under the value oi ten pounds be brought mto the 
*'°'^^*" superiour coui't, unless where freehold is concerned, or upon appeal. 

And it is further enacted hy the authority aforesaid. 

Matters of fact [Sect. 10.] That all matters and issues in fact arising or happening 

to^be tried by a -v^ithin the said province, shall be tryed by twelve good and lawful men 

^ ^* of the neighbovirhood ; and that no person or persons shall be chosen 

and returned to serve upon any such jury but such as shall have a real 

estate of freehold worth forty shillings per annum, or personal estate 

worth fifty pounds. 

And for the more equal returning and appearance of jurors to serve 
in the several courts, — 

It is enacted hy the authority aforesaid. 
Jurors how to [Sect. 11.] That the clerk of each court respectively, in convenient 
^ ^^^"' time before the sitting of such court, shall issue out warrants, directed 
to the constables of the several towns within the county or jurisdiction 
of said court, or the most i:>rincipal of them, to assemble the freeholders 
and other inhabitants of each several town, quaUfied as aforesaid, to 
serve as jurors, requiring them to choose so many good and lawful men 



[2d Sess.] Province Laws.— 1692-3. 75 

as the warrant shall direct, for grand and petit jurors to serve at such 
court ; and the constable shall summon the persons so chosen, to attend 
accordingly at the time and place appointed, and make timely return of 
his warrant unto the clerk that granted the same. And no person 
serving as a justice, juror, witness or otherwise shall be obliged to use 
any other ceremony in taking of their respective oaths then lifting up 
the hand, as has been accustomed. 

Andhe it further enacted by the authority aforesaid, 

[Sject. 12.] That all processes and writs shall issue out of the clerk's au processes 
office of the said respective courts, in their majesties' names, under the issue forth iu 
seal of the said office, and signed by the clerk, and be directed to the *am'e™''''Town- 
sheriff or marshal of the county, his under-sheriff or deputy. And clerk to grant 
where the sum sued for is under ten pounds, to direct also to the con- casestrlabie^"' 
stable of the town : provided, nevertheless, that replevins, summons and before one jus- 
attachments for any matter or cause tryable before one justice of the mons^for wit-' 
peace, and summons for Avitnesses in civil cases, may be granted by the aesses. 
town clerk, and directed to the constable of such town, or to the party 
to be summoned for witness. And the clerk of each town respectively 
within this province is hereby impowred to make and grant such writs 
and processes as aforesaid, and the constable or constables of such town 
are required to execute them. And all processes for appearance, as well 
in the inferiour court of pleas as the superiour court of judicature, shall 
be served and executed fourteen days before the sitting of such court 
wherein such writs shall be returnable, and that all proper original pro- 
cesses in the said courts shall be summons, capias or attachment. And 
in case, ixpon any such summons duly served, and affidavit thereof made 
in court, the defendant do not appear by himself or his attoumey 
lawfully authorized, judgment shall pass against him by default. 

And it is further enacted and declared by the authority aforesaid, 

TSect. 13.1 That the iustices of the said several courts be and Justices of 
,■-, .-• T •', , TT^ii courts to make 

hereby are mipowred to make necessary i-ules and orders lor the more necessary rules 

orderly practising and proceeding in said courts ; and that no summons, ^^* orders, 
process, writ, judgment or other proceeding in courts or course of jus- 
tice shall be abated, arrested or reversed upon any kind of circumstan- 
tial errors or mistakes, where the person and case may be rightly under- 
stood and intended by the court, nor through defect or want of fonn 
only. And all writs, processes, declarations, pleas, answers, rephca- 
tions and entries in all the said courts shall be in the English tongue 
and no other. And that it shall be iu the liberty of every plaintiff or 
defendant in any of the said courts, to plead and defend his own cause 
in his proper person, or with the assistance of such other as he shall 
procure, being a person not scandalous or otherwise offensive to the 
court. 

And it is hereby further enacted by the authority aforesaid, 

[Sect. 14.] That there be a high court of chancery within this court of chan* 
province, Avho shall have power and authority to hear and determine all ^^^' 
matters of equity, of what nature, kind or quality soever, and all con- 
troversies, disputes and differences arising betwixt co-executors, and 
other matters proper and cognizeable to said court, not rehevable by 
common law ; the said court to be holden and kept by the governour, or 
such other as he shall appoint to be chancellor, assisted with eight or 
more of the council, who may appoint all necessary officers to the said 
court ; which said court shall sit and be held at such times and places 
as the governour or chancellor for the time being shall from time to 
time appoint : provided, nevertheless, that the justices in any of the 
courts aforesaid, where the forfeiture of any penal bond is found, shall 
be and hereby are impowred to chancer the same unto the just debt and 
damages. 



76 



Province Laws. — 1692-3. 



[Chap. 34.] 



Appeal to their 
majesties in 
council. 



Witnesses' 
allowance. 



Penalty for non- 
appearance. 



Justices may 
grant summons, 
capias or attacb- 
ment, 



Provided, also, that either party not resting satisfied with the judg- 
ment or sentence of any of the said judicatories or courts in personal 
actions wherein the matter in difference doth exceed the value of three 
hundred pounds sterling (and no other), may appeal unto their majes- 
ties' in council, such appeal being made in time, and security given 
according to the directions in the charter in that behalf. 
And it is further enacted by the authority aforesaid, 
[Sect. 15.] That two shilUngs^er diem shall be accounted due sat- 
isfaction to any witness for his travel and expences, and no more to be 
allowed in civil causes ; and if such witness live within three miles of 
the place of the court's sitting whereto he is summoned, and be not to 
pass any ferry, then one shilling and sixpence joer dietn shall be 
accounted sufficient. And if any person or persons upon whom any 
process out of any court of record shall be served, to testifie or depose 
concerning any cause or matter depending in any of the same courts, 
and having tendi-ed unto him or them such reasonable sums of mony 
for his or their costs and charges as, having regard to the distance of 
the places, is necessary to be allowed in that behalf, do not appear 
according to the tenor of the process, having no lawful or reasonable 
let or impediment to the contrary, that then the party so making 
default shall for every such offence lose and forfeit forty shillings, and 
shall yield such further recompence to the party grieved as by the discre- 
tion of the justices of the court out of which such process issued shall be 
awarded, according to the loss and hindrance that the party which pro- 
cured the said process shall sustain by reason of the non-appearance of 
the said witness or witnesses ; the said several sums to be recovered by 
the party so grieved against the offender or offenders by action of debt, 
bill, plaint or infonnation in any of their majesties' courts of record, in 
which no wager of law, essoign or protection to be allowed. 
It is further declared and enacted by the authority aforesaid, 
[Sect. 16.] That every justice of the peace may grant summons, 
capias or attachment in all civil actions triable before him. \_Passed 
November 25. 

" — whereas by the Act &c., divers Courts being established by the said Act, It is hereby 
further provided that if either party not being satisfied with y^ judgment of any of y" said 
Courts in personall actions not exceeding £300 (and no other) they may appeal to His Ma'y in 
Councill which proviso not being according to the words of the charter and appeals to y° King 
in Councill in reall actions seeming thereby to be excluded It hath been thought fit to repeal 
the said Act." — LtU^rfrom the Privy Council, ut supra. 



CHAPTER 34. 



AN ACT REQUIRING THE TAKING THE OATHS APPOINTED TO BE TAKEN 
INSTEAD OF THE OATHS OF ALLEGIANCE AND SUPREMACY. 

Whereas their Royal Majesties in and by their charter for the erect- 
ing and incorporating of their province of the Massachusetts Bay in 
New England have granted and ordained, that the governour, or liev- 
tenant or deputy governour of their said province or territory for the 
time being, or either of them, or any two or more of the council or 
assistants for the time being, as shall be thereunto appointed by the said 
governour, shall and may at all times and from time to time have full 
power and authority to administer and give the oaths appointed by an 
act of parliament made in the first year of their present Majesties' reign, 
1 w. & M., ch. 8. entituled " An act for the abrogating of the oaths of allegiance and 
supremacy and appointing other oaths," to be taken stead of the oaths 
of allegiance and supremacy, to all and every j)erson and persons which 



[2d Sess.] Province Laws.— 1692-3. 77 

are no^y inhabiting or residing within the said province or territory, or 
which shall at any time or times hereafter go or pass thither. Now, to 
the intent that there he no faihxre herein, but that their majesties' sub- 
jects within this their province may accordingly recognize their duty 
and allegiance, — 

-Be it enacted and ordained by His Excellency the Govemour^ Coun- 
cil and Representatives in General Court assembled^ and by the author- 
ity of the same, 

[Sect. 1.] That the oaths in said act mentioned, and thereby All male per- 
appointed to be taken instead of the oaths of allegiance and supremacy, Ind^pwar^s^to 
and each of them be and shall be forthwith administrcd and given take the oaths, 
unto all male persons of the age of eighteen years or above, inhabiting 
or residing in any town or place within this j^rovince (that have not 
already taken the same, and shall make it so aj^pear), by his excellency 
the governour, or the hevtenant or dej^uty govcmour, or any two or 
more of the council or assistants, or such others as shall be thereunto 
appointed by the governour, and the list of the names of all persons so 
sworn to be returned into the secretary's office. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That if any j^erson or persons shall refuse to take the Penalty for 
said oatlts or either of them when tendered to him or them by any per- '^^"^^"S- 
sons lawfully authorized as is aforesaid to administer or tender the 
same, the person or persons so tendering the said oaths or either of 
them shall commit the said person and persons so refusing, to the com- 
mon goal or house of correction, there to remain without bail or main- 
prize for the space of three months ; unless such offender shall pay down 
to the said person or persons so tendring the said oaths or either of 
them such sum of money, not exceeding forty shillings, as the said person 
or persons so tendring the said oaths or either of them shall require such 
offender to pay for his said refusal ; which money shall be paid to the 
selectmen or overseers of the poor of the town or place where such 
offender did last inhabit ; and unless every such offender shall also 
become bound with two sufficient sureties with condition to be of the 
good behaviour, and also to appear at the next general quarter sessions 
of the peace to be held for the same county where such offender doth 
inhabit or reside, at which coiu-t of quarter sessions the said oaths shall 
be again tendered to every such offender by the justices of the said court 
in open sessions. And if the said offender shall refuse to take the said 
oaths or either of them when tendred to him by the said justices in 
open sessions as is aforesaid, the said justices tendring the said oaths 
shall commit the said person and j^ersons so refusing to the common 
goal or house of correction, there to remain for the space of six months, 
unless every such offender shall j^ay down to the justices so tendring 
the said oaths such sum of money not exceeding ten jjounds nor under 
five pounds as the said justices shall require such offender to pay for his 
second refusal, the said money to be disposed of in manner aforesaid ; 
and unless every such offender shall likewise become bound with two 
sufficient sureties with condition to be of the good behaviour until he 
or they do take the said oaths. 

And whereas, there are certain persons who scniple the taking of any 
oath, — 

Re it enacted by the authoirity aforesaid, 

[Sect. 3.] That every such person shall make and subscribe the Declaration of 
declaration of fidelity following ; viz., I, A B, do sincerely promise and ^deUty. 
solemnly declare before God and the world, that I will be true and 
faithful to king William and queen Mary ; and I do solemnly profess 
and declare, that I from my heart abhor, detest and renounce as impi- 
ous and heretical that damnable doctrine and position, that princes, 
excommunicated or deprived by the pope or any authority of the see 



78 Peovince Laws.— 1692-3. [Chap. 35.] 

of Rome, may be deposed or mm'dered by their subjects, or any other 
whatsoever. And I do declare that no foreign prince, person, pre- 
late, state or potentate hath, or ought to have any power, jurisdiction, 
superiority, preheminence or authority, ecclesiastical or spiritual, withia 
the realm of England, or any of their majesties' dominions. [^Passed 
November 18. 

•' — read and approved ; But their Lops* observing that by this Act no person entering upon 
publick offices for the future is obliged to take the said Oath, agree that notice be tal?en hereof 
to the Governor and Councill that some further provision may be made herein." — Votz of the 
Comviiitee of Trade on the reiiort of the Attorney-General, 29 March, 1695. 



CHAPTER 35. 

AN ACT FOR THE ESTABLISHING OF FORMS OF OATHS. 

£e it declared and enacted, by the Governour, Council and Mepresen- 
tatives in General Court assembled, and by the authority of the same. 

That the several forms of oaths hereunder written be and are hereby 
established to be given and administred unto the respective officers for 
whom they are aj^pointed, as followeth : 

Conncillor'a You, A B, being chosen and admitted of tteir majesties' council witMn this 

oath. their province, do swear by the everliving God, that you will to the best of your 

judgment at all times freely give your advice to the governour, for the good man- 
agement of the publick afiairs of this government, and that you will not directly 
nor indirectly reveal such matters as shall be debated in council and committed 
to your secrecy, but will in all things be a true and faithful counsellor when you 
are thereunto required. So help you God. 

Justice of peace You, A B, [do] swear, that as justice of the peace in the county of S, accord- 
oath, ing to the commission given you, you shall dispense justice equally and impar- 
4^^^^' *^^' tially in all cases, and do equal right to the poor and to the rich after your cun- 
ning, wit and power, and according to law ; and you shall not be of council in 
any quarrel that shall come before you. You shall not let for gift or other cause, 
but well and truly you shall do your office of justice of the peace in that behalf, 
taking only appointed fees ; and you shall not direct or cause to be directed any 
warrant (by you to be made) to the parties, but you shall direct your warrant to 
the sheriff, his under-sheriff or deputy, [constables] tythingmen, or other officers 
proper for the execution of the same in the county. And this you shall do with- 
out favor or respect to persons. So help you God. 

Sheriff's or mar- You swear, that you will well and truly serve the king and queen's majesties in 
shall's_ oath, ^}jg office of the sheriff of the county of S. and do the king and queen's profit in 
dis, ** ^^ ^^' all things that belongeth to j'ou to do by way of your office, as far forth as you 
can or may, you shall truly keep the king and queen's rights and all that belongs 
to the crown ; you shall not respite the king and queen's debts for any gift or 
favour, where you may raise them without great grievance of the debtors ; you 
shall truly and uprightly treat the people of your sheriffwick, and do right as well 
to poor as to rich in all that belongeth to your office ; you shall do no wrong to 
any man for any gift or other behest or promise of goods, for favour nor hate ; 
you shall disturb no man's right ; you shall truly acquit at the treasury all those 
of whom you shall anything receive of their majesties' debts ; you shall nothing 
take whereby their majesties may lose, or whereby the right may be letted or dis- 
turbed or their majesties delayed ; you shall truly return and truly serve all their 
majesties' writs as far forth as shall be to your cunning ; you shall take no bayliff 
into your service but such as you will answer for, and of true and sufficient men 
in the county, and shall cause each of your bayliffs to make such oath as you make 
yourself in that belongeth to their occupation. And over this in eschewing and 
restraint of the manslaughters, robberies and other manifold grievous offences that 
be done daily, all these things you shall truly observe and keep as God help you. 

* Lordships. 



[2d Sess.] Province Laws.— 1692-3. 79 

Whereas you, A B, are cliosen constable within the town of C for one year constable's 
now following, and until other be chosen and sworn in your place, you do swear, oath, 
that you will carefully intend the preservation of the peace, the discovery and 
preventing all attempts against the same, that you will duly execute all warrants 
which shall be sent unto you from laAvful authority and faithfully attend all such 
directions in the laws and orders of court as are or shall be committed to your 
care, that you will faithfully and with what speed you can collect and levy all 
such fines, distresses, rates, assessments and sums of money for which you shall 
have sufficient warrants according to law, rendring an accompt thereof and pay- 
ing in the same according to the direction in your warrant. And with like ftiith- 
fulness, speed and diligence will serve all writs, executions and distresses in pri- 
vate causes betwixt party and party, and make returns thereof duly into the same 
court where they are returnable. And in all these things you shall deal seriously 
and faithfully whilst you shall be in office without any sinister respects of favour 
or displeasure. So help you God. 

You as foreman of this inquest for the body of this county of S., you shall dill- Grandjuror's 
gently enquire and a true presentment make of all such matters and things as oath 
shall be given you in charge, the king and queen's majesties' counsel, your fellows' 
and your own you shall keep secret ; you shall present no man for envy, hatred 
or malice, neither shall you leave any man unpresented for love, fear, favour or 
affection, or hope of reward, but you shall present things truly as they come to 
your knowledge, according to the best of your understanding. So help you God. 

The same oath which your foreman hath taken on his part, you and every of 
you on your behalf shall well and truly observe and keep. So help you God. 

You shall well and truly try and true deliverance make between our sovereign petit juror'a 
lord and lady, the king and queen, and the prisoners at the bar, whom you shall oath, 5 Gray, 
have in charge according to your evidence. So help you God. ^^^' 

You swear, that in all causes between party and party that shall be committed Juror's oath in 
unto you, you will give a true verdict therein according to law and the evidence civil cases. 
given you. So help you God. 

You swear, that in the office of town clerk within the town of B, whereto Town clerk's 
you are chosen, you will diligently and faithfully attend and discharge the duty oath, 
of your place and duly observe the directions of the law in all things whereto 
your office hath relation and thereby committed to your care and trust. So help 
you God. 

You swear, that you will from time to time diligently and faithfully discharge oath of leather 
and execute the office of within the limits whereto sealer, clerk of 

you are appointed for the ensuing year, and until another be chosen in your ie^,^flsh*^*' *^"'" 
place, and that in and by all the particulars mentioned in the laws whereto packer, gager, 
your office hath relation, and that you will do therein impartially according to mutatis mutan- 
law without fear or favour. So help you God. \_Passed November 25 ; published *®' 
December 9. 



CHAPTER 36. 

AN ACT FOR THE ESTABLISHING OF PRESIDENTS AND FORMS OF WRITTS, 

AND PROCESSES. 

JBe it enacted and declared hy the Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same. 

That the several forms of writts and processes here underwritten bo Disallowed by 
and hereby are estabUshed to be the forms to be observed by the re- ^1*1*^ ^'^^^^22°'^'^' 
spective officers that are or shall be appointed and impowred to grant 1095. ° 
the same : — 



80 Proyince Laws.— 1692-3. [Chap. 36.] 

William and Mary, by the grace of God, of England, Scotland, France and 
Ireland, king and queen, defenders of the faith, &c. 

To our sheriff or marshal of our county of greeting : 

Writ for calling Wee command that upon receipt hereof you forthwith make out your precepts, 
sexii y. directed unto the selectmen of each respective town within your precinct, requir- 
ing them to cause the freeholders and other inhabitants of their several towns, 
duly qualified as in and by our royal charter is directed, to assemble at such time 
and place as they shall appoint, to elect and depute one or more persons (being 
freeholders within our said province), according to the number set and limited by 
an act of our general assembly within the same, to serve for and represent them 
respectively, in a great and general court or assembly by us appointed to be 
convened, held and kept for our service at the town-house in Boston, upon 
the day of next ensuing the 

date of these presents. And to cause the person or persons so elected, and de- 
puted by the major part of the electors present at such elections, to be timely 
notified and summoned by the constable or constables of such town to attend our 
service in the said great and general court or assembly on the day above prefixed 
by nine in the morning ; and so de die in diem during their session and sessions, 
and to return the said precepts with the names of the persons so elected and de- 
puted unto yourself. Whereof you are to make return, together with this -writ, 
and of your doings therein, under your hand, into our secretary's oflice at Boston, 
one day at the least before the said court's sitting. Hereof you may not fail at 
your peril. Witness Sir W. P., Knight, our captain general and governour in 
chief in and over our province of the Massachusetts Bay in New England. Given 
at Boston, imder the publick seal of our province aforesaid, the 
day of 169 in the year of our reign. 

By his excellencie's command. 

Suffolk, ss. 

In observance of their majesties' writ to me directed. 

These are in their majesties' names to will and_ require you forthwith to cause 
the freeholders and other inhabitants of your town, that have an estate of free- 
hold in land Avithin this province or territory of forty shillings per annum at the 
least, or other estate to the value of forty pounds sterling, to assemble and meet 
at such time and place as you shall ajDpoint ; then and there to elect and depute 
one or more persons (being freeholders Avithin the province), according to the 
number set and limited by an act of the general assembly, to serve for and repre- 
sent them in a great and general court or assembly appointed to be convened, 
held and kept for their majesties' service at the town-house in Boston upon 
the day of next ensuing the 

date hereof; and to cause the person or persons so elected and deputed by the 
major part of the electors present at such election to be timely notified and sum- 
moned by one or more of the constables of the town, to attend their majesties' 
service in the said great and general court or assembly, on the day above pre- 
fixed, by nine in the morning, and so de die in diem during their session and ses- 
sions. Hereof fail not, and make return of this precept, with the names of the 
person or persons so elected and deputed, with their being summoned, unto my- 
self on or before the day of abovesaid. Given under my hand 
and seal at the day of 169 in the year of their 
majesties' reign. A. B. of the county of 

To the selectmen of the town of greeting. 



Eeturn. 



Pursuant to the precept within written, the freeholders and other inhabitants of 
this town qualified as is therein directed, upon due warning given, assembled and 
met together the day of and then did 

elect and depute A. B. and C. D. to serve for and represent them in the session 
and sessions of the great and general court or assembly appointed to be begun 
and held at Boston on the ^ day of 

the said persons being chosen by the major part of the electors present at said 
meeting. Dated in the day of 

y Selectmen. 



The persons chosen are notified thereof, and summoned to attend accordingly. 
By me, A. B. constable of C. 



[2d Sess.] Province Laws.— 1692-3. 81 

Essex, ss. 
To the sheriff or marshal of the saiid county, or either of their deputies or Summons for 
constables of the town of S., or to any or either of them. In their majesties' fore aTustice. ' 
names you are required to summon and give iiotice unto T. P. of 
(if he may be found in your precincts), that he appear before me, J. H., Esq., 
one of their majesties' justices of the peace, for the county aforesaid, at my dwell- 
ing house in S. on being the day of 

at of the clock in the forenoon, then and there to answer 

E. L., in a plea of 

to the value of as shall then and there 

appear, with all due damages, making true return as the law directs. You are 
also hereby further required to signifie unto the said T. P. 

that he may not fail in the premises, as he will answer the contempt at 
the peril of the law in this case made and provided. Dated in 
the day of and in the year 

of their majesties' reign. 

Essex, ss. 
To the sheriff or marshal of the said county, or constables of the town of S., Warrant for 
or to any or either of them, greeting: Whereas T. P., of ^ _ cooper, contempt. 

was served with summons, granted by me, J. H., Esq., one of the justices of the 
said county, for his appearance before me on the day of 

past, to answer E. L., of _ merchant, in a plea of 

to the value of with due damages, the said 

T. P. making default in appearance. These are in their majesties' names, to will 
and require you therefore to take the body of the said T. P. (if he may be found 
in your precinct), and him safely keep, so that he may be had before me on 

being the day of _ at 

of the clock in the forenoon, as well to answer the said E. L., of his plea afore- 
said, as for his contempt, making true return of this writ, as the law directs. 
Dated at the day of in the 

year of their majesties' reign. 

Suffolk, ss. 
To the sheriff or marshal of the said county, or either of their deputies or Attachment be- 
constables of the town of B., or to any or either of them. In their majesties' [^efpeace*^^^ ^^ 
names you are required to attach the goods or estate of J. N. of B., to the value 
of and for want thereof, you are to take the body of the said 

J.N. (if he may be found in your precincts), and him safely keep, so that he 
may be had before J. E., Esq., one of the justices of the said county on 

being the day of at of the clock 

In the forenoon, to answer L. M. of In a plea of 

to the value of as shall then and there appear, with all due 

damages, making true return of this writ as the law directs. Dated at B., the 

day of in the year of their majesties' reign. 

Suffolk, ss. 
William and Mary, &c.' To the sheriff or marshal of our said county, his dep- Execution 
uty or deputies, or constables of the town of or to any or either of granted by a 

them. We command you that without any delay you levy of the money or '' ^ ^ 
estate of J. N. of B. (If It may be found in your precincts), the sum of 

with shillings more for this writ, and deliver the same unto 

L. M., of to satlsfie a judgement obtained against the aforesaid 

J. M., for with his costs and damages occasioned and accruing by 

a suit commenced against him befoi-e J. E., Esq., one of our justices assigned to 
keep our peace in our said county, the day of 

and in want of the said money or other estate to the said L. M., his satisfaction, 
we command you to take the person of the said J. N., and him commit to the 
custody of the keeper of our prison in B., where he is to continue until the said 
debt is satisfied, or that he be discharged by the creditor, or otherwise by order of 
law. Hereof fail not at your peril, making true return of this our writ as the law 
directs. Witness our said justice at this day of 

in the year of our reign. 

11 



82 



Province Laws. — ^1692-3. 



[Chap. 36.] 



Attachment to 
the superior or 
inferior court. 



Suffolk, ss. 

William and Mary, &c. To the sheriff or marshal of our said county, or either 

of their deputies, greeting : We command you to attach the goods or estate of 

D. T., of to the value of and for want thereof 

to take the body of the said D. T. (if he may be found in your precinct), and 

safely keep, so that you have before our justices at our next 

court of to be holden at B., within or for our said 

county on the day of next, then and there to answer to 

C. L., in an action of as shall then and 

there appear with damages ; and have you there this writ. Witness W. S., Esq., 

at B., this day of in the year of 

our reign. J. W. 



Summons* ap- 
pearance upon 
goods attaclied. 



Summons to 
give evidences. 



WiUiam and Mary, &c. To A. B. of C, greeting: 

We command you that you appear at our court of , to be held at B., 

for or within the county of S., on the Tuesday in next, to answer 

unto C. D. of , in an action of , to the value of , which 

the said C. D. hath commenced, to be then and there heard and determined, to 
respond which action your goods or estate are attached to the value of 

Hereof fail not at your peril. Witness, W. S., Esq.> at B., the day of 

, in the year of our reign. 

J. W. 

Suffolk, ss. 
To A. B. of C. In their majesties' names you are required to make your 
appearance before their majesties' justices of the next court of , to be 

holden for or within the county aforesaid, at B., upon the Tuesday of 

instant, to give evidence of what you know relating to a plea or action of 

, then and there to be heard and tryed betwixt R. S., plaintiff, and S. T., 
defendant, Hereof fail not, as you will answer your default under the pains and 
penalt[?/][ies] of the law in that behalf made and provided. Dated in D. the 
day of , in the year of their majesties' reign. 



Writ of facias 
habere posses- 
sionem and 
writof j?eri 
facias for dam- 
ages and costs. 



William and Mary, &c. To our sheriff or marshal of our county of E., or 
either of their deputies, greeting : Whereas A. B., of C, yeoman, before our 
justices of our court of , held for or within our said county of E., 

at S., upon the Tuesday in N. past, by the consideration of our said court, 

recovered his term yet to come of and in messuage or tenement, with the 

appurtenances, or acres of land, pasture or meadow, lying in the 

of D., within your precincts, against E. F., of G., carpenter, who had unjustly 
put out and amoved the said A. B. from his possession thereof, and also there 
recovered pounds shillings and pence for costs and damages 

which he has sustained by reason of the said offence and ejectment, and expended 
for the removal thereof, as to us has been made to apjjear of record : we command 
you, therefore, that without delay you cause the said A. B, of and in the aforesaid 
tenement, with the appurtenances or land, to have possession of his term yet to 
come. We also command you, that of the goods, chattels or lands of the said 
E. F. within your pi'ecinct at the value thereof in money; you cause the said A. B. 
to be paid and satisfied the aforesaid sum of pounds shillings and 

pence, which to the said A. B., in the said court, was adjudged for his 
costs and damages, with shillings more for this writ, and thereof also to 

satisfie your self for your own fees. And for Avant of such goods, chattels or land 
of the said E. F's to be by him shewn unto you, pr found within your precinct to 
satisfie the aforesaid sums, we then command you to take the body of the said 
E. F. and him commit unto the keeper of [?y]our goal in S., within our said 
prison, whom we likewise command to receive him the said E. F., and him safely 
to keep, until he pay unto the said A. B. the full sum above mentioned, and be by 
him released, and also satisfie your fees. And this writ, with your doings thei-ein, 
you are to return unto our said court of , to be holden at S. upon 

the Tuesday in N. next. Witness, AV. S., Esq., in S., the day of 

, in the year of our reign. 

T. H. 



Execution. William and Mary, &c. To our sheriff or marshal of our county of S., or either 

of their deputies, greeting : Whereas A. B., of C, yeoman, recovered judgment 

* Sic, " for " omitted ? 



[2d Sess.] Peovince Laws.— 1692-3. 83 

against D. E , of F., carpenter, before our justices of our court of , 

holden for or within our said county of S. on the last Tuesday in montli 

past, for the sum of pounds shillings and pence, in money, 

debt or damage, and pounds shillings and pence for costs 

of suit, as to us appears of record, whereof execution remains to be done. We 
command you, therefore, that of the goods, chattels or lands of the said D. E. 
within your precinct, you cause to be paid and satisfied, at the value thereof in 
money, the aforesaid sum of pounds shillings and pence, 

with shillings more for this writ, and thereof also to satisfie your self for 

your own fees ; and for want of sueli goods, chattels or lands of the said D. E's to 
be by him shewn unto you, or found within your pi-ecinct, to satisfie the aforesaid 
sums, we command you to take the body of the said D. E. and him commit unto * 

the keeper of our goal in B , within the said prison, whom we likewise command 
to receive the said D. E. and him safely to keep, until he pay unto the said 
A. B. the full sum above mentioned, and be by him released, and also satisfie 
your fees. And this writ, with your doings therein, you are to return unto our 
said court of , to be holden at B. upon the last Tuesday in 

month next. Witness, J. R., Esq., in B., the day of , 

169 , in the year of our reign. 

[/. w.-\ 

William and Mary, &c. To our sheriff or marshal of our county of S., &c., Scire fadae, 
greeting : Whereas C. D., before our justices of our court of , 

holden for or within our said county of S., at B , on the last Tuesday of , 

in the year of our reign, by consideration of our said justices, recovered 

against A. B., of B., yeoman, pounds, debt or damage, and also 

shillings for costs and charges by him about his suit in that behalf expended, 
whereof the said C. D. is convict, as to us appears of record, and although the 
judgement be thereof rendred, yet the execution of the said debt and costs doth 
yet remain to be made, whereof the said C. D. hath supplicated us to provide 
remedy for him in that behalf: Now, to the end that justice be done, we command 
you, that by honest and lawfull men of your pi-ecinct, you make known to the 
said C. D. that he be before our justices of our court of , to be 

holden in or for our said county of S., at B., on the last Tuesday of next, 

to show cause (if any he have), wherefore the said C. T>. ought not to have his 
execution against him of the debt and cost[s] aforesaid. And further, to do and 
receive that which our said court shall then consider, and have there then the 
names of them by whom to him you make known the same, and this writ. Wit- 
ness, J. R., Esq., at B., the day of , in the year of our reign. 

[/. TF.] 

Suffolk, ss. 
To the sheriff or marshal of the said county, or constables of the town of M., Eeplevin. 
or to any or either of them : In their majesties' names, you are required to replevin 
[one] , of T. P., now distreined or impounded by J. G., and deliver the 

said unto the said T. P., provided he give bond to the value of , 

with sufficient suretie or sureties, to prosecute his replevin at the next inferiour 
court of pleas to be holden for the said county at B., on the last Tuesday of 
, and so from court to court until the cause be ended ; and to pay such 
costs and damages as the said J. G. shall by law recover against him. Hereof fail 
not, and make true return of this writ, with your doings therein, as the law 
directs. Dated in B. the day of , in the year of their 

majesties' reign. 

William and Mary, &c. To A. B., greeting : Wiit of error. 

Whereas in the record and process, and also in giA'ing judgement and issuing 
execution of a suit which was before our justices of our inferiour court of pleas, 
holden at B., within the county of S., on the Tuesday of last past, 

between C. D., plaintiff, and F. G , defendant, of a plea , error manifest 

doth appear to have intervened, to the grievous damage of the said F. G., as [o/] 
[by] Ills complaint we have received, we willing that error, if any there be in this 
behalf, in due manner be corrected, and speedy justice according to the law, to 
the party aforesaid, therein be done as it becometh us, command you, that if 
judgement be thereon given, and execution issued, that the record and process of 
the suit aforesaid, and also the execution thereon issued, and all things touching 
the same in any manner, you have before our justices of our superiour court of 



84 Province Laws.— 1692-3. [Chap. 3T.] 

judicature, at , in our said province, the next, under your seal ; 

so that our said justices of our said superiour court may then and there have 
them, and the process and record aforesaid, and also the said execution being 
inspected, may further therein do what of right ought to be done. Have with you 
then this writ. Witness, , at , \_this'] [the] day of , 

in the year of our reign. 

William and Mary, &c. To the sheriff of our county of [S.,] greeting : 
Whereas C. D., lately in our court of , hath recovered against 

F. G., as well pounds debt as his damages, which by occasion of the 

detaining of the said debt to him in our said court wei-e adjudged, whereof he is 
convict[ed] as by the record and process of the suit aforesaid, before our 
justices of the said court fully appears, as from the grievous complaint of 

the said F. G. we have received, and that in the record and process, and in 
rendring of judgement of the suit aforesaid, error manifest hath intervened to 
the grievous damage of the said F. G., and we willing that error therein, if any 
be, in due manner be corrected, and to the said F. G. full and speedy justice in 
this behalf to be done, have commanded the aforesaid by our writ, that 

if judgement therein be given, he distinctly and aptly send the record and process 
of the suit aforesaid, with all things touching the same, unto , under his 

seal, and that writ, so that may have the _ _ day of 

next ensuing, where that the record and process being inspected, we may 

cause further therein to be done as of right and according to law ought to be 
done. Nevertheless, the record and process aforesaid, with all things touching 
the same, before the aforesaid day of into our said [court 

ofl cannot conveniently be sent, and so error therein, if any be, in the 

mean time, cannot be discussed, and therefore we command you that if before the 
receiving of that writ you have not made execution of this judgement aforesaid, 
then as well from further taking, arresting, imprisoning, exacting, outlawing, or 
in any thing molesting the aforesaid F. G. on the occasion aforesaid, as of taking 
in execution any goods or chattels, lands or tenements whatsoever of the said 
F. G. by occasion of the judgement aforesaid, until the plea upon our writ of 
error to be corrected depending undiscussed be fully determined, you altogether 
supersede ; and have with you then and there this writ. Witness, W. S. Esq., at 
B., the day of . , in the year of our reign. [Passed Nov. 

30 ; published Dec. 9. 

" — inasmuch * * * by the Act &c., the precept to the Sheriff for election of Representatives 
directs y« freehold" of 40» p' a"", and other inhabitants worth £iO to elect, Altho' the Charter 
app'» Inhabitants worth £50 to elect, It hath been thought fit to repeal the said Act by reason 
of the variation of y« Charter in this particular."— ie^^e^'/rwra the Privy Council, ut supra. 

[Note. — The singular discrepancy, in relation to the qualification of electors, between the 
charter as originally engrossed and the duplicate or exemplification thereof sent to the Province, 
is fullv pointed out in the note to chapter 4 of the acts of 1G98, p. 363, post. The property qual- 
ification of an elector in the charter as first published here, was, clearly, the possession of .£50; 
but it may be that this was either printed in London, or copied from one printed there, and that 
in framing the above act only the parchment was consulted. 



CHAPTER 37. 

AN ACT FOR REGULATING FEES. 



JBe it enacted atid ordained by the Governour, Council and Repre- 
sentatives convened in General Court or Assembly., and it is hereby 
enacted and ordained by the authority of the same, 

[Sect. 1.] That the establishment of the fees belonging to the sev- 
eral offices in this province be as foUoweth : 

justice's fees- 
For every attachment or summons for actions not exceed- 
ing forty shillings, sixpence, £0 05. %d. 

Subpoena, each witness, twopence, 2 

Entring the action, three shillings, 3 



[2d Sess.] Province Laws.— 1692-3. 85 



Every execution, two shillings, . 

Filing papers, each paper twopence, . 

Every warrant for criminals, one shilling, . 

Bond for appeal, one shilling, 

Copy of evidences, the least sixpence. 

Copy of a judgment, sixpence, . 

Every recognizance, two shillings. 

Confessing judgment, one shilling, 

Affidavit out of court, [one shilhng,] . . . - 

Each daye's attendance at the sessions, to he paid out of 
the fines, four shillings, . . . . ' _• 

Acknowledging of a deed or mortgage or any other instru- 
ment, [two shilhngs,] 



£0 2s. Od. 

2 

10 

10 

6 

6 

2 

10 

10 

4 

2 







7 
5 


6 







6 
4 







CORONEES FEES. 

For taking every inquisition, to be paid out of the estate 

of the deceased, thirteen shillings and fourpence, • . 13 4 

If no estate then to be paid by the county treasurer, six 

shillings and eightpence, 6 8 

FEES FOE PROBATE OP WILLS, GRAKTIKG ADMINISTRATIONS, &C. 

For granting administration, bond and letter of administra- 
tion, imder the seal of the office, if the inventory amount 
to thirty pounds or upwards, to the judge, four shillings, 
to the register, three shillings sixpence, .... 

If the inventory be under thirty pounds, five shilhngs. 

Probate of a will where the inventory amounts to thu'ty 
pounds or upwards, to the judge, three shilhngs [^cmd] 
sixpence ; to the register, two shillings and sixpence, 

If under thirty pounds, four shillings, .... 

Recording a will or inventory of one page and filing the 

same, two shillings and sixpence, - 2 6 

If more, each page of twenty-eight lines, eight words in a 

line, one shilhng, 10 

For a copy of a will or inventory, twelvepence a page, each 

page to contain as aforesaid, . . . . . .010 

Allowing accompts, settling and dividing of intestate 

estates, five shillings, 5 

Every citation, one shilling, 10 

Every quietus, four shillings, . . . . . .040 

"Warrant for apprizement, two shillings, . . . .020 

Making out a commission to receive and examine the 
claims of creditors to insolvent estates and registring of 
the same, three shillings, . . . . . .030 

Registring of the commissioners' report after the rate of 
one shilling per page, to be accounted as aforesaid. 

For entring an order upon the administrator to pay out the 
estate in proportion unto the several creditors returned 
by the commissioners, one shilling and sixpence, . .016 

SECRETARY'S FEES, 

For engi'ossing the acts or laws of the general assembly, 

ten shillings each, to be paid out of the publick revenue, 10 

Every commission for the justices of each county, and com- 
mission of oyer and tenniner, ten shillings, to be paid out 
of the publick revenue, . . . . . • . 10 

Every commission for a military officer, three shilhngs, to 

be paid out of the publick revenue, 3 



86 



Province Laws. — 1692-3. 



[Chap. 37.] 



2s. 6d. 



10 

2 



2 6 



Special warrant or mittimus by order of the governour and 
council, each two shilHngs and sixpence, . . . £0 

Every commission under the great seal for places of profit, 
ten shillings, 

Every bond, two shillings, . . . . • . .0 

Every order of council to the benefit of particular persons, 
two shillings and sixi^ence, 

Every petition to the governour and council or general 
assembly according to the import, from two shillings and 
sixpence to ten shillings. 

A pass or sea brief, three shillings, 

A bill of health, three shillings, 

Every writ for electing of assembly-men directed to the 
sherifi" or marshal under the j^rovince seal, five shillings, 
to be paid out of the publick revenue, .... 

For transcribing the acts or laws passed by the general 
assembly into a book, twelvepence a page, each page to 
contain twenty-eight lines, eight words in a line, and so 
proportionably, to be paid out of the publick revenue. 

{^Passed Nbvemher 25. 



5 



IN THE SUPERIOUR COURT. 

THE justices' PEES. 

Entry of every action for tryal, twelve shilUngs, 

Out of which to the clerk, two shillings, .... 

Taking every special bayl, two shillings, .... 

Allowing of a writ of error, three shillings, 

Allowing a habeas corpus^ two shillings, .... 

Confessing judgment, two shillings, 

Acknowledging satisfaction of a judgment on record, one 

shilling, . . . . . ' ' . . . 
In all criminal cases where a fine is set, six shilHngs, . 
Taxing every bill of cost, 1 shilUng, 



£0 125. Qd. 
2 

2 
8 

2 
2 



CLEEK S FEES. 

Every writ and the seal, one shilling and sixpence, . .016 

Every rule of coui't, sixpence, 6 

Filing every declaration, one shilling, . . . .010 

To the jury to be paid down by the plaintiff^ six shillings 

sixpence, . . . . . . . . .066 

Entring appearance, sixpence, 6 

Signing a judgment by default, one shilling, . . .010 
Taking every verdict and recording it, one shilling, . .010 
Copies of all records, twelvepence a page, each page con- 
taining twenty-eight lines, eight words in a line, less 
then one page, one shilling, .... 
Every action withdrawn [or] nonsuit, one shilling, 
Every petition read, one shilling. 
Order thereon, one shilhng, .... 
Filing the records of each action, twopence a paper, 
Every execution, two shillings, .... 

In Criminal Cases. 
Drawing and ingrossing every indictment or information, 

two shillings, 020 

Every appearance, sixpence, 6 







10 
10 
10 
10 
3 
2 







[2d Sess.] 



Province Laws. — 1692-3. 



87 



For the discharge of any person upon bail, for the peace, 
good behaviour, contempt and the like, and warrant 
thereon, one shilling, . . . . . . . £0 Is. Od. 

For awarding and making forth process against the defend- 
ant on infonnation, one shilling, 10 

Every warrant for the peace or good behaviour, one shilling, 10 

IN THE INFERIOUR COURT. 

[the] justices' fees. 

Entry of every action, ten shillings, 10 

Of which the clerk is to have two shillings, . . .020 
Taking special bail, two shillings, confessing judgment, one 

shilling, of which the clerk one-quarter, . . .010 

Acknowledging satisfaction of judgment on record, one 

shilling, 010 

Taxing every bill of cost, one shilling, . . . .010 

Whereof sixjoence to the clerk, 6 

To the jury to be paid down by the plaintiff, six shillings 

sixpence, . . . . . . . . .066 

clerk's fees. 
For every writ and seal, one shilling, .... 

Entring appearance, sixpence, ...... 

Entring and recording the verdict, one shilling, 

Making up the record, one shilling, ..... 

Copies of all records, twelvepence each page as before, 
Every action withdrawn or nonsuit[ed], one shilHng, 
Every execution, two shillings, ...... 

CLEEK OF THE SESSIONS OR PEACE, HIS FEES. 

Entring complaint or indictment, two shillings. 

Discharge of a recognizance, one shilling, .... 

Making forth process against criminals, one shilling, . 

Every summons, threepence, ...... 

Every warrant for the peace or good behaviour, one shil- 
ling, ^ 

Every licence for houses of publick entertainment or retail- 
ing, [Jive] [four] shillings, 

Whereof two to the clerk, 

sheriff['s], or Marshall's, or constable's fees 
For serving every summons for tryal, one shilling. 
Every capias or attachment, two shillings, 
And if above one mile, threepence per mile besides bayl 

bond, one shilling, 10 

Levying execution, for the first twenty pound or under, 
one shilling per pound ; above that, not exceeding forty 
pound, sixpence per pound ; above forty pound, not ex- 
ceeding one hundred pound, threepence per pound ; for 
whatsoever it exceeds one hundred pound, twopence per 
pound, besides foui-pence per mile for travel from home. 

Every tryal, one shilling, 10 

Every precept for choosing of representatives, two shilHngs, 

to be paid out of the county assessment, . . .020 






1 











6 





1 








1 











12 





1 








2 








2 








1 








1 











3 





1 








4 








2 





s. 



1 








2 






CRYER S FEES. 



For calling of the jury, sixpence, 
Every nonsuit, twelvepence, 
Every verdict, twelvepence, 



6 

1 
1 



88 Peovince Laws.— 1692-3. [Chap. 88.] 

goaler's pees. 

For turning of the key upon every prisoner committed, 
five shillings ; viz., commitment, two shillings and six 
pence ; discharge, two shillings and sixpence, . . £0 5;?. Od. 

For diet for each prisoner, two shillings and sixpence per 

week, and so i3roportionabl[y], he finding the same, .026 

And be it further enacted by the authority of the same [aforesaid], 
[Sect, 2.] That wdiat officer soever shall ask, demand and take, 
any greater or other fees than are before mentioned, for the matters 
aforesaid, or any of them, and be thereof duly convicted in any court 
of record within this province, shall forfeit and pay the sum of ten 
pounds cuxTant money ; one moiety whereof to be unto our soveraign 
lord and lady the king and queen, their heirs and successors, for and 
towards the support of the government of this their province, and the 
contingent charges thereof, and the other moiety unto the infonner, or 
him that shall sue for the same in any court of record ; wherein no 
essoign, protection or wager of law shall be allowed. And shall further 
pay unto the party grieved double the value of the excessive fees 
so taken, [^Passed to " secretary'' s fees^'' inclusive^ JSfo'oember 25 ; 
remainder 2>cbssed December 2 ; published December 9. 

[Note. — In the above act as engrossed the sums expressed by words in the table are not 
carried out in figures; still, as the columns of figures appear in the printed laws, and as they 
were inserted in nearly all subsequent engrossments of similar acts, thej' are here retained 
■without the brackets used to denote variations of the printed text from the MS. acts. 



CHAPTER 38. 



AN ACT FOR ASCERTAINING THE NUMBER AND REGULATING THE HOUSE 
OF REPRESENTATIVES. 

Whereas their majesties have been graciously pleased by their royal 
charter to grant power unto the great and general court or assembly of 
their province of the Massachusetts Bay, from time to time to direct, 
appoint and declare what number of representatives each county, town 
or place shall elect and depute to serve for and represent them respec- 
tively in the said assembly, — 

De it therefore enacted and ordained by Sis Excellency the Governour, 
Council and Representatives^ now in General Court assembled^ atid by 
the authority of the same, 

[Sect. 1.] That henceforth every town within this province, con- 
sisting of the number of forty freeholders and other inhabitants, quali- 
fied by charter to elect, shall and hereby are injoyned to choose and 
send one freeholder as their rei^resentative ; and every town consisting 
of the number of one hundred and twenty freeholders and other inhabi- 
tants, quaUfied as aforesaid, or ujDwards, may send two such representa- 
tives ; and each town of the number of thirty freeholders and other 
inhabitants, qualified as aforesaid, or upwards, under forty, are at liberty 
to send [one] or not ; but may choose and send one representative, if 
they think fit, to serve for and represent them respectively in every ses- 
sion of the great and general court or assembly from time to time. 
And all towns under thirty freeholders may send one to represent them, 
or joyn with the next town in the choice of their representatives, they 
paying a proportionable part of the charge. And no town shall at any 
time send more than two representatives, except Boston, who are here- 
by granted to choose and send four. 



[2d Sess.] Province Laws.— 1692-3. 89 

And be it further enacted hy the authority aforesaid, 
[Sect. 2.] That when and so often as his excellency the governour 
shall see cause to convene and hold a great and general court or assem- 
bly, writts shall issue out from the secretary's office, under the seal of 
the i^rovince, and signed by the governour, thirty days at least before 
the time appointed for such assembly's meeting, directed unto the 
sheriffs of the several counties. And where there is no sheriff in any 
county or place, there to be directed to the marshall, commanding each 
of them respectively to send his precepts to the selectmen of the sev- 
eral and respective towns within such county, to assemble and call to- 
gether the freeholders and other inhabitants, qualified as aforesaid, to 
choose and elect one or more freeholders, as the number in each town 
is more or less, as above, to serve for and represent them in such great 
and general court or assembly; the major part of the selectmen in each 
town resi^ectively to be present at such meeting, and to give directions 
for the regular and orderly carrying on of the same ; who are to return 
the said precept, with the names of such as shall be chosen by the major 
part of the electors ^^resent at such meeting, under their hands unto the 
respective sheriffs or marshals, by them to be returned into the secre- 
tary's office, one day, at the least, before the time prefixed for the said 
court or assemblie's sitting. 

And it is further etiacted hy the authority aforesaid, 
[Sect. 3.] That the representatives assembled in any great and 
general court shall be the sole judges of the elections and qualifications 
of their own members ; and may from time to time settle, order and 
purge their house, and make such necessary orders for the due regula- 
tion thereof as they shall see occasion. And forty representatives at 
any time so assembled shall be accounted a number sufficient to consti- 
tute a house, pass bills, and to transact and do [any] business projjer to 
be done in that house, and such acts to be esteemed valid and of effect. 
And [be] it [is'] further enacted by the authority aforesaid, 
[Sect. 4.] That each town respectively shall pay unto their several 
representatives, during their attendance on the court, and for the neces- 
sary time expended in their journeying to and from thence, three shil- 
lings in money 2)er diem, within one month next after the end of each, 
session, commencing from his excellency's arrival. 
And it is further enacted by the authority cforesaid, 
[Sect. 5.] That every person chosen to serve for and rej^resent 
any town in the general assembly, and accepting thereof, shall give his 
constant attendance during their sessions, on pain of forfeiting the sum 
of five shillings ^:)er diem for his neglect (without just excuse made and 
allowed of by the house of representatives), to be paid unto the clerk 
of the said house, and is to be disposed of and imployed as the house 
shall direct ; and in default of paj^iient, to be levied by distress upon 
such delinquent's goods, by warrant from the said clerk, by order of the 
house, directed to the sheriff of the county, his under sheriff" or deputy, 
or constable of the town where such representative dwells. And no 
representative shall depart or absent himself from the general assembly, 
until the same be fully finished, adjourned or prorogued, without the 
licence of the speaker and representatives assembled, to be entred upon 
record in the clerk's book, on pain, to every one so departing or absent- 
ing himself in any other manner, to lose his wages. And the inhab- 
itants of such town for which he serves shall be clearly discharged of 
the said wages against such person and his executors for ever. 
And further it is enacted by the authority aforesaid, 
[Sect. 6.] That no member of the general assembly, or his servant, 
during the time of their sessions, or going to and fi'om thence, shaU be 
arrested, sued, imprisoned, or any ways molested or troubled, or com- 

12 



90 Province Laws.— 1692-3. [Chaps. 39, 40.] 

pelled to make answer to any suit, bill, plaint or declaration, or other- 
wise ; cases of high treason and felony excepted. \_Passed November 
30 ; published December 9. 

" June 8th, 1692, Post Meridiem. — Several of the principal members of the House of Repre- 
sentatives waited upon his Excellency, acquainting him that they had made Choice of M' 
William Bond to be the Speaker of their House, whome they now came to present before his 
Excellency; And the said Speaker, in behalf of the House, prayed his Excellency that there 
might be allowed unto them the accustomed priviledges of an English assembly,' which they 
Expected as their due ; namely, that they have the Liberty of a free and open debate of all 
matters lying before them, and what they shall properly be concerned in; That they be 
admitted to have free access unto his Exce"?, from time to time, as their Shall be occasion; 
That no member of the House, nor his Servant attending upon him, during the time of the 
sessions, and whitest they shall be going to or returning from the assembly, be any ways 
molested, Troubled or arrested, Sued or imprisoned, except in Cases of Felony or High 
Treason: All which his Excellency readily consented to be granted them. William Phips." 
Records of Governor and Council^ Vol. VI., p. 218. 



CHAPTER 39. 

AN ACT FOR THE PREVENTING OF DANGER BY THE FRENCH RESIDING 
WITHIN THIS PROVINCE. 

There having been frequent complaints made to this court, that, 
although several French Protestants, who lately fled from persecution, 
came over sea into this province and were charitably entertained and 
succoured here, yet, since that many of a contrary rehgion and interest 
have been brought hither, and others have obtruded themselves, — ^which 
(especially in this time of war between the two crowns of England and 
France), proves a grievous inconvenience ; and the publick safety is en- 
dangered by sufiering such a mixt company among us ; — for remedy 
whereof, — 

It is enacted and ordained., by the Governour., Council and Represen- 
tatives convened in General Assembly., and by the authority of the sa'tne^ 

That, from and after the second day of January next ensuing, none of 
the French nation be pennitted to reside or be in any of the seaport or 
frontier towns within this province, but such as shall be licensed by the 
governour and council ; nor shall any of said nation open shop, or 
exercise any manual trade in any of the towns of this province, with- 
out the approbation of the selectmen, first orderly obtained in writing 
under their hands, on pain of imprisonment. And any two justices of 
the peace, quorum unus, within their respective precincts, are hereby 
impowred to commit to prison any person or persons legally convicted 
of ofiending against this act, upon the complaint of the selectmen in 
any town, or any two of them, and to remain in prison until released 
by order of the governour and council. [Passed December 12 ; pub- 
lished December 16. 



CHAPTER 40. 

AN ACT AGAINST CONJURATION, WITCHCRAFT AND DEALING WITH EVIL 
AND WICKED SPIRITS. 

DisaUowedby FoE more particular direction in the execution of the law against 
SrSS* witchcraft,- 

1695. De it enacted by the Governour, Council and Mepresentatives in Gen- 

eral Court assembled., and by the authority of the same, 

[Sect. 1.] That if any person or persons shall use, jDractice, or 
■ exercise any invocation or conjuration of any evil and wicked spirit, or 



[2d Sess.] Province Laws.— 1692-8. • 91 

shall consult, covenant with, entertain, employ, feed or reward any 
evil and wicked spirit, to or for any intent or purpose ; or take up any 
dead man, woman or child, out of his, her or their grave, or any other 
place where the dead body resteth, or the skin, bone or any other part 
of any dead person, to be employed or used in any manner of witch- 
craft, sorcery, charm or inchantment ; or shall i;se, practice or exercise 
any witchcraft, inchantment, charm or sorcery, whereby any person 
shall be killed, destroyed, wasted, consumed, pined or lamed in his or 
her body, or any j^art thereof; that then every such offender or offend- 
ers, their aiders, abetters and counsellors, being of any of the said 
offences duly and lawfully convicted and attainted, shall suffer pains of 
death, as a felon or felons. 

And further, to the intent that all manner of practice, use or exercise 
of witchcraft, inchantment, charm or sorcery should be henceforth 
utterly avoided, abolished and taken away, — 

JSe it enacted hy the authority aforesaid, 

[Sect. 2.] That if any person or persons shall take upon hira or 
them, by witchcraft, inchantment, charm or sorcery, to tell or declare 
in what place any treasure of gold or silver should or might be found 
or had in the earth, or other secret places ; or where goods or things 
lost or stoln should be found or become ; or to the intent to provoke 
any person to vmlawful love ; or whereby any cattel or goods of any 
person shall be destroyed, wasted or impaired ; or to hurt or destroy 
any person in his or her body, although the same be not effected and 
done ; that then all and every such person and persons so offending, 
and being thereof lawfully convicted, shall for the said offence suffer 
imprisonment by the space of one whole year, without bail or main- 
prize ; and once in every quarter of the said year shall in some shire 
town stand openly upon the pillory by the space of six hours, and there 
shall openly confess his or her error and offence, which said offence 
shall be written in capital letters, and placed upon the breast of said 
offender. And if any j^erson or persons, being once convicted of the 
same offence, and shall again commit the like offence, and being of any 
of the said offences the second time lawfully and duly convicted and 
attainted as is aforesaid, shall suffer pains of death, as a felon or felons. 
\JPassed Decemher 14 ; published December 16. 

" — y Act &c., being not found to agree with y« Statute of King James y« First whereby 
the Dower is saved to y^ Widow and y<= Inheritance to y* heir of y" party convicted, the same 
hath been repealed." — Letter from the Privy Council, ut supra. 



CHAPTER 41. 

AN ACT FOR REGULATING THE FORMER ASSESSMENT, AND FOR GRANTING 
AN ADDITIONAL SUPPLY OF MONEY. 

Whereas, by an act of this assembly, made at their first sessions, Ante, chap. 4. 
begun the eighth day of June last j)ast, entituled, " An Act for the 
Granting unto Their Majesties an Assessment upon Polls and Estates," 
there was granted unto their majesties for the defence of their siibjects 
and interests, and for prosecution of the war against the French and 
Indian enemy, and the defraying of other publick charges of the prov- 
ince, a rate or tax of ten shillings per poll of all male persons of six- 
teen years and upwards, and a quarter part of one year's value or 
income of all estates real and personal, to be assessed and levied in 
manner as in and by the said act is directed ; and forasmuch as it 



92 Province Laws.— 1692-3. [Chap. 41.] 

appears, that, in prosecution tliereof, the rules therein given have not 
been fully understood, or at least not attended, which has occasioned 
an inequality, and the sum thereupon returned to fall greatly short of 
what was expected, and of answering the necessity of the publick occa- 
sions, — therefore, to the intent that there may be a regulation of the 
said tax and a further supply made for their majesties' service to the 
ends beforementioned, — 

J3e it ordained and enacted, hy the Governour, Council and Hepre- 
sentatives in General Court asseynhled, and by the authority of the sa'ine, 
[Sect. 1.] That there be two commissioners appointed by this 
court, for each county within the province, to j^ass into the several 
towns lying Avithin such county, at or before the twenty-second day of 
February next coming, who, together with the selectmen and commis- 
sioner of each town respectively, that made the lists of said assessment, 
shall review the same ; which the said selectmen and town commis- 
sioner[s3 shall then exhibit and expose, in the particulars thereof, both 
of polls and estate within such town, with an addition of all polls and 
estate which were before omitted, as well noting the names of all per- 
sons whom through age and infirmity they expect should be exempted 
from the poll tax as others. And the said selectmen, town and county 
commissioners, shall regulate, correct and perfect such lists according 
to the rates hereinafter mentioned, setting down the sums both for 
heads and estate in distinct columns ; that is to say, each male person 
of sixteen years old and upwards (except such as are bylaw excepted), 
at ten shillings by the jiioll ; and all houses, warehouses, tan-yards, 
orchards, pastures, meadows and lands, mills, cranes and wharffs, to be 
estimated at seven years' income, as they are or may be let for in the 
respective places where they lye ; which seven years' income is to be 
esteemed and reputed the value of such estate upon said tax, and each 
hundred pound in value to be rated thirty shillings thereto : cattle to 
be valued as follows ; to wit, each ox and horse kind of four years old 
or upwards, at forty shilhngs ; each cow of three years old or upwards, 
at thirty shillings ; all sheep and swine of one year old or upwards, at 
four pound per score ; all shipping, goods, wares, merchandizes and 
trading stock and estate by the rule of common estimation at the best 
discretion of the assessors ; every handicraftsman, for his income, at dis- 
cretion aforesaid ; every male slave of sixteen years old or upwards, at 
twenty pounds estate ; all which particulars of estate aforesaid, as 
well real as personal, shall be assessed to said tax, thirty shillings for 
each hundred pound in value, and so proportionably ; and where any 
fermor or occupier of housing or lands lying within any town or pre- 
cinct shall be hereafter assessed to any publick tax of the province, for 
such housing or lands in his occujDation, the landlord shall -reimburse 
the said fermor or occupier such sum and sums of money as he shall 
pay for the same, where no particular contract is made to the contrary. 
Aiid further it is enacted by the authority aforesaid, 
[Sect. 2.] That every person who shall refuse or neglect to render 
and give in to the selectmen a particular account of his estate, shall be 
assessed as aforesaid at discretion ; and every jjerson who shall give in 
a partial account shall be alike assessed doubly for so much as he leaves 
out ; and if any person find himself agrieved at any sum or sums that 
shall be set upon him by the assessors, he may make application unto 
them for relief; and if he be not thereby eased, may further apply unto 
the justices of such county at the next quarter sessions, and, making it 
appear to them that he is overrated, they shall order an abatement 
accordingly. 

And it is further enacted hy the authority aforesaid, 
[Sect. 3.] That the lists of the respective towns, being examined, 
regulated and perfected as aforesaid, and signed by the selectmen and 



[2d Sess.] Province Laws.~1692-3. 93 

town commissioner, shall he delivered unto the commissioners for such 
county, and by them brought to Boston upon the first Wednesday in 
March next, where the commissioners for each county, or the major 
part of them, then and there met, shall be a committee to take an 
account of the sum total of each list ; and if the whole shall not amount 
to the sum of thirty thousand pounds (including the sum already re- 
turned unto the treasurer, for which his warrants are gone forth), then 
the said committee are hereby inipowred to make a further addition 
upon each town proportionably to what shall be wanting to make up 
thirty thousand pounds in the whole, including as aforesaid. And if it 
aj^pear unto the said committee that any town or county shall have 
been generally defective in not attending the rules and directions here- 
inbefore given for the said tax, then they are to report the same unto 
the general assembly at their next sitting, to be rectified and adjusted, 
but shall forthwith deliver the said lists, with the additional sums made 
to the same, unto the treasurer, who is hereby ordered and impowred 
upon receipt thereof to issue forth his warrants, afiixed to said lists and 
directed to the constables or collectors for each town respectively, for 
the collecting and levying of the same, which is hereby granted to be 
paid in money or otherwise to the treasurer's satisfaction, unto the 
treasurer, his deputy or deputys : and for manner and time as follows ; 
that is to say, — 

Ten thousand pounds, part of said sum (besides what the treasurer's 
warrants are already out for), at or before the first day of May next ; 
and the full remainder of said sum, to make up the thirty thousand 
pound as aforesaid, at or before the last day of February, which will 
be in the year of our Lord one thousand six hundred ninety -three : 
provided, nevertheless, where the treasurer shall order payment to 
particular persons within their resjiective towns or neighbourhood, for 
wages, or any other disbursements due, in such cases payment to be 
made in merchantable grain, provisions or cloathing, each at the cur 
rant money i^rice. 

And it is further eyiacted hy the authority aforesaid, 

[Sect. 4.] That the commissioners for the several covmties, for the 
ends within mentioned, be as hereafter named ; that is to say, for Suf- 
folk, Captain Penn Townsend and Mr. Timothy Tilestone ; for Essex, 
Captain Samuel Gardner and Mr. ISTehemiah Jewet ; for Middlesex, 
Major Thomas Henchman and Mr. Matthew Johnson ; for Plimouth, 
Captain Nathaniel Thomas and Mr. Samuel Clap ; for Barnstable, Cap- 
tain Thomas Tupper and Mr. John Otis ; for Bristol, Captain John 
Brown and Mr. Samuel Peck ; for Hampshire, Captain Samuel Partrigg 
and Mr. Joseph Hawloy ; for Yorkshire, Mr. John Wheelwright and 
Mr. James Emery ; for Martha's Vineyard and Nantucket, Captain 
John Gardner and Mr. Joseph Norton. And if any selectmen or asses- 
sors, or town commissioner, shall wilfully neglect or refuse to perform 
their duty in the due and speedy execution of this present act, and be 
thereof convict, upon information and prosecution before the justices in 
quarter sessions within the county whereto such person belongs, the 
said court may impose iipon such person or persons so refusing or neg- 
lecting any fine, not exceeding five pounds for any offence ; the same 
to be levied and paid in to the treasurer for the use of their majesties, 
towards the support of the government of the province and incident 
charges thereof. 

And it is further enacted, 

[Sect. 5.] That the selectmen and assessors in each towii be, and 
hereby are impowred (if they think fit) to nominate and appoint one 
or more able and sufficient persons within the bounds and limits of 
such town, to be collectors of the money due to their majesties by this 
act, for whose paying unto the treasurer, his deputy or deputies, such 



94 Province Laws.— 1692-3. [Chap. 41.] 

money as they shall be charged withal, the town by whom they are so 
imi^loyed shall be answerable. 
And it is further enacted.) 

[Sect. 6.] That if any constable or collector shall be remiss and 
negligent of his duty in not levying and paying unto the treasurer, his 
dejDuty or deputies, such sum and suras of money as from time to time 
he shall have received, and as ought by him to have been paid within 
the resi^ective times set and limited by the warrant or estreat to him 
committed, pursuant to the acts of this assembly referring to said tax, 
and is not paid, by reason of his failing in doing his duty according to 
the directions and command therein, the treasurer is hei-eby impowred, 
by warrant imder his hand and seal, after the expiration of the time so 
set, to levy all such sum and sums of money by distress and sale of 
such defective constable or collector's goods and chattels, returning the 
overplus (if any be), and for want of such distress to commit the 
offender to the common goal of the county. 
£e it further enacted, 
Constable's or [Sect. 7.] That if any person or persons shall refuse to pay the 
er trdistomr' several sum and sums and proportions, as have been, or shall be further 
assessed upon him or them, to pay in pursuance of this or the fonner 
act x'elating to said tax or assessment, upon demand made by the con- 
stable or collector of the town, place or precinct, according to the pre- 
cept or estreats to him delivered, it shall and may be lawful to and 
for such constable or collector, who are hereby thereunto authorized 
and required for non-payment thereof, to distrein the person or persons 
so refusing, by his or their goods or chattels, and the distress or dis- 
tresses so taken, to keep by the space of four dayes at the cost and 
charges of the owner thereof And if the said owner do not pay the 
sum and sums of money so assessed upon him, within the said four 
dayes, tlien the said distress or distresses to be apprized by two or 
For want of three of the inhabitants where the distress is taken, and to be sold by 
distress to com- xh^ gai(j officer for payment of [the'] said money, and the overplus 
nu 6 person, ^^j-^-^-^g -^^ ^Y\q said sale (if any be), over and above the charges of 
taking and keeping the said distress or distresses, to be immediately 
restored to the owner ; and if any person or persons assessed as afore- 
said shall refuse or neglect to pay the sum or sums so assessed, by the 
space of twenty dayes after demand thereof, where no sufficient dis- 
tress can or may be found whereby the same may be levied, in every 
such case two or more of the selectmen or assessors in such town are 
hereby authorized, by warrant under their hands and seals, to commit 
such person or persons to the common goal, there to be kept without 
bail or mainprize until payment shall be made. 
And it is further enacted. 
Provision in [Seot. 8.] That where any person or persons have removed, or 

removaF.^'^^*''^ ^ shall remove, from any town or place where he or they lived or had 
their residence at the time of making the lists of any tax or assessment, 
not having before paid the respective sums or proportion set upon them 
by said tax, it shall and may be lawful to and for the constable or 
collector, to whom any such tax or assessment is committed with war- 
rant to collect, who are hereby authorized and impowred, to demand 
the sum or sums assessed upon such person and persons, in what town 
or place soever he or they may be found ; and, upon refusal or neglect 
to pay the same, to distrein the said person or persons by his or their 
goods and chattels as aforesaid ; and, for want of such distress, to 
commit the party to the common goal, there to remain until payment 
be made. 

And for a present supply of moneys to carry on the publick occa- 
sions of the government for the ends within mentioned, — 



[2d Sess.] Province Laws.— 1692-3. 95 

It is further enacted and ordained by the authority aforesaid^ 

[Sect. 9.] That tlie governour and council may and hereby are im- 
powred to borrow and take up upon loan, of any person or persons, any 
sum and sums of money, not exceeding five thousand pounds, upon the 
credit of this act ; and to make over and give for security unto the 
person and persons so lending, the one-third part of the moneys granted 
and to be collected by virtue of the same, for the repayment of the 
moneys that shall be lent, with interest for forbearance after the rate 
of seven per cent per annum, the said interest money to be paid at the 
end of every three months until repajinent of the principal. 

And whereas much of the arrears of the rates and assessments, 
which were granted as a fund for the bills of credit emitted by the late 
government of the Massachusetts colony, have been, and are daily 
bringing in to their majesties' treasury of this their province, and im- 
ployed in pajaiient of the pubHck debts thereof, there being but few of 
those bills now standing out, except what were borrowed by the pres- 
ent government, — 

It is therefore enacted, 

[Sect. 10.] That all the said bills, as well those not endors't as Bills of credit 
others, shall be received in payment of all taxes or assessments and S^pubUc^pay- 
other publick payments whatsoevei*, at five pound per centum advance, ments. 
any act or law to the contrary notwithstanding ; and that those that 
have lent their bills to the treasury shall have the same allowance of 
five pound per centum, for so much as shall be repaid them by dis- 
count, bona fide, on their own account, with the treasurer, for rates, 
impost or excise. \_Passed December 15 ; published December 16. 

" By an Act made the first Session &c., tlie fourtli part of the yearly vallue or income and 
tenn shill' upon each Poll was given to their Ma''"', the Assessors did not observe the Act 
according to its extent and according to their rcturne the tax fell short of answering the pub- 
lique charge ; But I rejected the returns and cause the matter to be regulated, whereby it will 
now amount to thirty thousand pounds."— Ze«er/rom Gov. PMps to the Earl of Nottingham, 
Feb, 20, 1692-3. And see chapter 4, aiite, also notes, p. 109,post. 



CHAPTER 42. 



AN ACT FOR THE BETTER SECURING THE LIBERTY OF THE SUBJECT, AND 
FOR PREVENTION OF ILLEGAL IMPRISONMENT. 

For the speedy relief of all persons imprisoned for criminal or sup- Disallowed by 
posed criminal matters in such cases where by law they are bailable, — ^^^^^ AugusT22T 

De it enacted by the Governour, Council and Mejpresentatives in Gen- i695. 
eral Assembly convened, and it is enacted by the authority of the same, 

■ [Sect. 1.] That whensoever any person or persons shall bring any writs of fta6ea» 
habeas cor2ms, directed unto any sherifi" or sheriffs, goaler, minister or ^h^fg^^^^s^after 
other person whatsoever, for any person in his or their custody, and service'to be 
the said writ shall be served upon the said officer, or left at the goal or [^iTody ^^^ 
prison, Avith any of the underofficers, underkeepers or deputy of the brought if 
said officers or keepers, that* the said officer or officers, his or their mUesf &c'.^^ 
xmderofficers, underkeepers or deputies, shall, — within three dayes after 
the service thereof as aforesaid (unless the commitment aforesaid were 
for treason or felony, plainly and specially expressed in the warrant of 
commitment), upon pajonent or tender of the charges of bringing the 
said prisoner, to be ascertained by the judge or court that awarded the 
same, and endorsed upon the said writ, not exceeding twelvepence per 
mile, and uj^on security given, by his own bond, to pay the charges of 

* Sic. 



96 



Province Laws. — 1692-3. 



[Chap. 42.] 



Writs of habeas 
corpus and the 
proceedings 
thereon in va- 
cation time. 



carrying back the prisoner, if he shall be remanded by the court or 
judge to which he shall be brought, according to the true intent of this 
present act, and that he will not make any escape by the way, — make 
return of such writ ; and bring, or cause to be brought the body of the 
party so committed or restrained unto or before the chief justice, or 
any other of the justices of the superiour court ; and shall then like- 
wise certifie the true causes of his detainer or imprisonment, — unless the 
commitment of the said party be in any place beyond the distance of 
twenty miles from the place or places where such court or person is or 
shall be residing ; and if beyond the distance of twenty miles, and not 
above one hundred miles, then within the space of ten days, and if 
beyond the distance of one hundred miles, then within the space of 
twenty days after such the delivery aforesaid, and not longer. 

And, to the intent that no sheriff, goaler or other officer may pretend 
ignorance of the import of any such writ, — 

JBe it enacted by the authority aforesaid, 

[Sect. 2.] That all such writs shall be signed by the person that 
awards the same ; and if any person or persons shall be or stand com- 
mitted or detained as aforesaid for any crime, — unless for felony or 
treason, plainly expressed in the warrant of commitment, — in the vaca- 
tion time, and out of term, it shall and may be lawful to and for the 
person or persons so committed or detained (other than persons con- 
vict or in execution) by legal process, or any one on his or their behalf, 
to appeal or complain to one or more of their majesties' justices of the 
suj)eriour court ; and the said justice or justices, upon view of the copy 
or coj^ies of the warrant or warrants of commitment and detainer, or, 
otherwise, upon oath made that such copy or copies were denied to be 
given by such person or persons in whose custody the prisoner or pris- 
oners is or are detained, are hereby authorized and required, upon re- 
quest made in writing by such person or persons, or any on his, her or 
their behalf, attested and subscribed by two witnesses who were pres- 
ent at the delivery of the same, to award and grant an habeas corpus 
under the seal of the said court, to be directed to the officer or officers 
in whose custody the party so committed or detained shall be, return- 
able immediately before the said court, justice or justices ; and upon 
service thereof as aforesaid, the officer or officers, his or their under- 
officer or underofficers, underkeeper or underkeepers, or deputy, in 
whose custody the party is so committed or detained, shall, within the 
times respectively before limited, bring such prisoner or prisoners be- 
fore the said justice, before whom tlie said writ is made returnable ; 
and, in case of his absence, before any other of them, with the return of 
such writ, and tlie true causes of the commitment and detainer; and 
thereui^on, within two days after the party shall be brought before the 
said court, justice or justices, the said court or justice[s] before whom 
the prisoner shall be brought as aforesaid, shall discharge the said pris- 
oner from his imprisonment, taking his or their recognizance, with one 
or more surety or sureties in any sum, according to their discretions, 
having regard to the quality of the prisoner and nature of the offence, 
for his or their appearance in the said superiour court the term follow- 
ing, or at the next assizes, sessions, or general goal delivery, within or 
for such county or place where the commitment was or where the 
offence was committed, or in such other court where the said offence is 
proj^erly cognizable as the case shall require ; and then shall certifie the 
said writ, with the return thereof, and the said recognizance or recog- 
nizances, into the said court where such appearance is to be made ; 
unless it shall appear unto the said court or justice that the party so 
committed is detained upon a legal process, order or warrant out of 
some court that hath jurisdiction of criminal matters, or by some 
warrant, signed and sealed with the hand and seal of any of the said 



[2d Sess.] Province Laws.— 1692-3. 97 

justices, or some justice or justices of the jjeace, for such matters or 
offences for the which by the law the prisoner is not bailable. 

Provided ahcays, and he it enacted., 

[Sect. 3.] That if any person shall have wilfully neglected, by the Persons nog- 
space of two whole tei'ms after his imj^risonment, to pray a habeas cor- term^^to^pray a 
pus for his enlargement, such person so wilfully neglecting shall not habeas corpus, 

-I 77 J.1 1 1 ' 1 ' 1* * f* sniiH iifivG none 

have any habeas corpus to be granted m vacation time, m pursuance oi in vacation 

this act. aMe'if th"s act 

And he it further enacted by the authority aforesaid, 

[Sect. 4.] That if any officer or officers, his or their underofficer officers, how to 
or underofficers, uiiderkeeper or underkeepers or deputy, shall neg- agaiifst'^fol-'^not 
lect or refuse to make the returns aforesaid, or to bring the body or °%'|"S such 
bodys of the prisoner or prisoners, according to the command of the 
said writ, within the respective times aforesaid, or, upon demand made 
by the prisoner or person in his behalf, shall refuse to deliver, or, within 
the space of six hours after demand, shall not deliver to the person so 
demanding a true copy of the warrant or warrants of commitment and 
detainer of such jDnsoner, which he and they are hereby required to 
deliver accordingly, all and every the head goalers and keepers of such 
prisons, and such other person in whose custody the prisoner shall be 
detained, shall for the first offence forfeit to the prisoner or party 
grieved the sum of fifty pounds ; and for the second offence the sum of 
one hundred pounds ; and shall and is hereby made incaj^able to hold 
or execute his said office : the said jicnalties to be recovered by the 
prisoner or party grieved, his executors or administrators, against such 
offender, his executors or administrators, by any action of debt, suit, 
bill, plaint or information in any court of record, wherein no essoign, 
protection, priviledge, injunction, wager of law or stay of prosecution, 
by no7i vuit idterius prosequi or otherwise, shall be admitted or allowed ; 
and any recovery or judgment at the suit of any party grieved shall be 
a sufficient conviction for the first offence ; and any after recovery or 
judgment, at the suit of a party grieved, for any oftence after the first 
judgment, shall be a sufficient conviction to bring the officers or person 
within the said penalty for the second offence. 

And for the prevention of unjust vexation by reiterated commit- 
ments for the same offence, — 

Be it enacted by the authority aforesaid, 

[Sect. 5.] That no person or persons which shall be delivered or Persons set at 
set at large upon any habeas corpus shall, at any time hereafter, be reclm^i\teci'^ 
again imprisoned or committed for the same offence, by any person or but by order of 
l^ersons whatsoever, other than by the legal order and process of such *^°"'^*' 
court wherein he or they shall be bound by recognizance to apj^ear, or 
other court having jurisdiction of the cause ; and if any other person 
or persons shall knowingly, contrary to this act, recommit or imjjrison, 
or knowingly procure or cause to be recommitted or imj^risoned, for 
the same offence or pretended offence, any person or persons delivered 
or set at large as aforesaid, or be knowingly aiding or assisting therein, 
then he or they shall forfeit to the prisoner or j^arty grieved the sum of 
two hundred pounds, any colourable i^retence or variation in the warrant 
or warrants of commitment notwithstanding, to be recovered as aforesaid. 

Provided always, and he it further enacted, 

[Sect. 6.] That if any person or persons* shall be committed for Persons com- 
high treason or felony, plainly and specially expressed in the warrant ^"q^ ftiony^'^" 
of commitment, upon his prayer or petition in o\)Qn court, the first shall be indict- 
week of the tenii or first day of the sessions of oyer and terminer, term or"iet\o 
or general goal delivery, to be brought to his tryal, shall not be in- i>aii. 
dieted some time to the next term, sessions of oyer and terminer, or 

* Sic, " who " omitted ? 

J*. 
13 



98 Province Laws.— 1692-3. [Chap. 42.] 

general goal delivery, after such commitment, it shall and may be law- 
ful to and for the justices of the superiour court, and justices of oyer 
and tenniner, or general goal delivery, and they are hereby required, 
upon motion to them made in open court, the last day of the tenn, ses- 
sions, or goal delivery, either by the prisoner or any one in his behalf, 
to set at liberty the prisoner, upon bail, unless it appear to the justices, 
upon oath made, that the witnesses for the king could not be produced 
the same term, sessions, or general goal delivery ; and if any person or 
persons, committed as aforesaid, ujion his prayer or petition in ojDen 
court, the first week of the term or first day of the sessions of oyer 
and terminer and general goal delivery, to be brought to his tryal, 
shall not be indicted and tried the second term, sessions of oyer and 
terminer, or general goal delivery, after his commitment, or upon his 
tryal shall be acquitted, he shall be discharged from his imprisonment : 
provided, always, that nothing in this act shall extend to discharge out 
of prison any person charged in debt or other action, or with process 
in any civil cause ; but that, after he shall be discharged of his impris- 
onment for such his criminal offence, he shall be kept in custody 
according to the law for such other suit. 

Provided always, and he it enacted hy the autJiority aforesaid, 
[Sect. 7.] That if any of their majesties' subjects shall be commit- 
ted to any prison, or in custody of any officer or officers whatsoever, 
for any criminal or supposed criminal matter, that the said person shall 
not be removed from the said prison and custody into the custody of 
any other officer or officers, unless it be by habeas corjncs or some other 
legal writ, or where the prisoner is delivered to the constable or other 
inferiour officer, to carry such prisoner to some common goal, or where 
any person is sent, by order of any judge of assize or justice of the 
peace, to any common workhouse or house of correction, or where the 
prisoner is removed from one prison or place to another within the 
same county, in order to his or her tryal or discharge, in due course of 
law, or in case of sudden fire or infection, or other necessity ; and if 
any person or persons shall, after such commitment aforesaid, make out 
and sign or countersign any warrant or warrants for such removal 
aforesaid contrary to this act, as well he that makes or signs or coun- 
tersigns such warrant or warrants, as the officer or officers that obey or 
execute the same, shall suffer and incur the pains and forfeitures in this 
act before mentioned, both for the first and second offence respectively, 
to be recovered in manner aforesaid by the party grieved. 

Provided also, and he it further enacted hy the authority aforesaid, 
Penalty, &c., TSect. 8.1 That it shall and may be lawful, to and for any iwisoner 

for denying an l . -• „ • ^ . '' -\ t , • ^ • .t • i y 

habeas corpus, and prisoners as aforesaid, to move and obtain his or their habeas corpus ; 
and if the said justices for the time being, or any of them, in or out 
of court, upon view of the copy or copies of the warrant or warrants 
of commitment or detainer, or upon oath made that such coj^y or cop- 
ies were denied as aforesaid, shall deny any writ of haheas corpus by 
this act required to be granted, being moved for as aforesaid, they shall 
severally forfeit to the prisoner or party grieved the sum of one hun- 
dred pounds, to be recovered in manner aforesaid. 
Provided always, and he it enacted, 
^ffe^es^^^uhin [Sect. 9.] That uo pcrsou or persons shall be sued, impleaded, mo- 
what time to be lested or troubled, for any offence against this act, unless the party 
made. offending be sued or impleaded for the same within two years at the 

most after such time wherein the offence shall be committed, in case 
the party grieved shall not be then in jn-ison ; and if he shall be in 
prison, then within the space of two years after the decease of the 
person imprisoned, or his or her delivery out of prison, which shall 
first happen. 



[2d Sess.] Province Laws.— 1692-3. 99 

And to the intent no person may avoid his tryal at the assizes or 
general goal delivery, by procuring his removal before the assizes at 
such time as he cannot be brought back to receive his tryal there, — 

JBe it enacted^ 

[Sect. 10.] That, after the assizes proclaimed for or within that 
county where the prisoner is detained, no person shall be removed 
from the common goal upon any habeas corpus granted in ])ursuance 
of this act, but upon any such habeas corpus shall be brought before 
the justices of assize in open court, who are thereupon to do Avhat to 
justice shall appertain : provided^ nevertheless^ that after the assizes arc 
ended any person or persons \_detained'\ may have his or her habeas 
corpus according to the direction and intention of this act. 

And be it also enacted by the authority aforesaid, 

[Sect. 11.] That, if any infoiiuation, suit or action shall be brought 
or exhibited against any person or persons for any offence committed 
or to be committed against the form of this law, it shall be lawful for 
such defendants to plead the general issue, — that they are not guilty, or 
that they owe nothing, — and to give such special matter in evidence to 
the jury that shall try the same ; which matter, being pleaded, had 
been good and sufficient matter in law to have discharged the said 
defendant or defendants against the said information, suit or action ; 
and the said matter shall be then as available to him or them, to all 
intents and purposes, as if he or they had sufficiently pleaded, set forth 
or alledged the said matter in bar or discharge of such information, suit 
or action. [_Passed December 14; pxdjlished December 16. 

" — whereas by y« Act &c., the writt of Haheas Corpits is required to be granted in like 
manner as is appointed by the Statute 31, Car. II. in England, which priviledge has not as .yet 
been granted in any of His Ma'^^ Plantations, It was not thought fitt in His Maj'J' absence that 
the said Act should be continued in force and therefore the same hath been repealed." — Letter 
from the Privy Council, ut supra. 



CHAPTER 43. 



AN ACT FOR THE REVIVING OF AN ACT FOR CONTINUING OF THE LOCAL 
LAWS; AND ONE OTHER ACT FOR SENDING OF SOULDIERS TO THE RELIEF 
OF THE NEIGHBOURING PROVINCES AND COLONIES. 

Whereas, at the session of this court in June last past, an act was Disallowed by 
made, entituled " An Act for continuing the local laws, to stand in force the privy couu- 
till November the tenth, one thousand six hundred ninety and two," 1095.— sle also 
which act is near expired ; and forasmuch as provision in many cases is ^^^^- ^' ""'^• 
not yet made, — 

De it therefore ordained by the Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the said act and every part of it be and herc])y is 33 Maine, 398. 
revived and continued in full force, to all intents and purposes, from ? Cush. 70, 77. 
and after the said tenth day of November, and shall so continue until 
the general assembly shall take further order. 

And tchereas, at the aforesaid session, one other act was made, enti- 
tuled "An Act for transporting of part of the militia of the province, or Ante, chap. 8. 
obliging them to march to the relief of the neighbouring provinces or 
colonics," which act is also near exj^ired ; and forasmuch as in this time 
of war there may happen frequent occasions for relief to be given unto 
the neighbouring provinces, — 

It is therefore further enacted by the authority aforesaid, 

[Sect. 2.] That the said act and every part of it be and hereby is 
revived and continued in full force, to all intents and purj)oses, from 



100 Province Laws.— 1692-3. [Chaps. 44, 45.] 

and after tlie expiration of the six months in said act mentioned, and 
shall so continue unto the first day of the sessions of this court, wliich 
shall be in May next, and no longer. [^I^assed JVbvember 9. 

" Whereas by the Act for continuing the locall laws to the 10th of Nov' 1692, and another 
Act reviving and continuing the said Act, the Laws made by the late Governor and Company 
of y Colony of Massachusetts Bay and j'= late Government of New Plymouth are continued in 
force untill y' Generall Assembly shall take further order therein. It hath been thought fit to 
repeal both the said Acts. It being judged necessary that in any new Law to be enacted for 
the said purpose the Laws to be continued be therein expressed & particularly specified." — 
Letter from the. Pi'ivy Council, ut supra. 



CHAPTER 44. 



AN ACT FOR GRANTING AN ALLOWANCE UNTO THE MEMBERS OF THE 
COUNCIL FOR THEIR NECESSARY CHARGES AND EXPENSES, DURING THE 
SESSIONS OF THE GENERAL ASSEMBLY. 

Wee, the Representatives of the great and general court or assem- 
bly of their majesties' province of the Massachusetts Bay, being sensible 
of the charges and expences of the Honourable Council in attendance at 
the general assembly, they maintaining their own table, doe freely 
grant unto each member of the Council five shillings in money, per diem, 
during the time they have or shall attend att the said general court or 
assembly, including the time of their necessary journying to and from 
thence, to be paid oixt of the publick treasury ; and pray that it may be, 
and it is Tierehy ordered and enacted.^ that the same be accordingly paid 
them. \_Pa8sed December 7. 



CHAPTER 45. 



AN ACT FOR ENABLING THE JUSTICES OF THE SUPERIOUR COURT TO 
HOLD A COURT OF ASSIZE AND GENERAL GOAL DELIVERY WITHIN THE 
COUNTY OF ESSEX UPON TUESDAY, THE THIRD OF JANUARY NEXT. 

Upon consideration that many persons charged capital offenders are 

now is custody within the county of Essex, and the time prefixed by 

Ante, chap. 33 the act of the general assembly entituled "An Act for the establishing of 

judicatories and courts of justice within this province," for the sitting of 

the superiour court and goal delivery within that county being past, — 

It is enacted hy the Governour, Council and Representatives convened 
in General Court, and hy the authority of the same, 

That, for the speedy delivery of the goals, the justices of the superiour 
court, pro hac vice, do hold and keep a court of assize and general goal 
delivery witliin the said county of Essex, upon Tuesday, the third day 
of January next, anything in said act to the contrary notwithstanding. 
[Passed December 16. 



[3d Sess.] Province Laws.— 1692-3. 101 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighth day of February, A.D. 1692-3. 



CHAPTER 46. 

AN ACT FOR THE EXPLAINING AND ALTERING OF SOME CLAUSES AND 
SENTENCES, AND THE REPEALING OF SOME OTHERS, CONTAINED IN 
SEVERAL ACTS MADE AND PASSED AT THE SECOND SESSION OF THIS 
COURT IN OCTOBER LAST, 1692. 

jBe it enacted by the Governour^ Council mid Representatives in Gen- 
eral Court assemhled^ and it is enacted and declared by the authority of 
the same, 

That whereas, in the act entituled " An Act for the Setling and Ante, chap. 14. 
Distribution of the Estates of Intestates," amongst other things thereby 
enacted and provided, there is a saving to the party agrieved at any 
order, sentence or decree, made for the settlement and distribution of 
any intestate estate, their right of ajDpeal vmto the governour and 
council, — 

It is noio declared and enacted, 

[Sect. 1.] That such right of appeal shall, to all intents and pur- 
poses, extend and be taken and constnied to extend as well to any 
other order, sentence, decree or denyal that shall at any time be made 
and given by the judge of probate, referring to the approbation and 
allowance of any will, grant of administration or other matter, anything 
in said act to the contrary notwithstanding. 

And further it is enacted and declared, 

[Sect. 2.] That the judge of probate in each county, respectively, 
when and so often as there shall be occasion, be and hereby is impowred 
to allow of guardians that shall be chosen by minors of fourteen years 
of age, and to ajDjioint guardians for such as shall be within that age, 
taking sufficient security of all such guardians, for the faithful discharge 
of their trust according to law, and to accompt either to the judge or 
minor, Avhen such minor shall arrive at full age, or at such other time 
as the judge ujion complaint to him made shall see cause. 

And whereas, in one other act entituled, " An Act for Affirming of Ante, chap. 24. 
former Judgments and Providing for Executions," amongst other things 
thereby enacted, it is provided that appeals then depending, having not 
been heard, shall be heai'd and trycd at the first superiour court, — 

It is hereby explained and declared, 

[Sect. 3.] To be understood and intended, and shall be construed 
to intend the first superiour court to sit within or for that county 
where the action was originally and first tryed. 

And for further explanation and an addition to the section or para- 
graph, of said last mentioned act, wherein provision is made that a scire 
facias do issue forth upon any judgment passed in any county court or 
court of commissioners, — 



102 



Province Laws. — 1692-3. 



[Chap. 46.] 



Ante, chap, 
p. 83. 



Jt is hereby declared^ 

[Sect. 4.] To extend, and shall bo construed and taken to extend 
as well to any judgment passed in any court of assistants, superiour oi 
inferiour court, at any time whatsoever, where execution has not been 
taken out or not levied for satisfying of the same, such writt of scire 
facias to be granted out of the clerk's office of the superiour or inferiour 
court respectively to be held within or for the same county where such 
judgment was given. 
36, And lohereas, l)y the president or form for an execution, the officer is 
commanded, for want of goods, chattels or lands of the debtor to be by 
him shewn or found within the precinct, to take the body of such 
debtor and commit him to prison, — 

It is herebij exj^lained, enacted a^id declared hy the authority aforesaid, 

[Sect. 5.] That where judgment is granted for money or any par- 
ticular specie, the creditor shall not be compelled to take any other 
specie ; but, in every such case, for want thereof, the officer shall take 
the body of the debter in execution and imprison him, unless such 
creditor shall be content to receive his satisfaction in such other estate 
as may be tendred or found. And these words, " to the acceptance of 
the said A. B.," shall be supplied and inserted in the writ of execution 
to folloAV next the word " precinct." 

And be it further enacted and declared by the authority aforesaid, 

[Sect. 6.] That, as well original as judicial writts, issuing out of the 
clerk's office of the iuferiour courts of judicature respectively, shall run 
into any county within this province, and be there executed by the 
officer or officers of such county to whom they are directed. 

And be it further enacted and declaimed, 

[Sect. 7.] That the clause in the act, entituled " An Act for the 
Regulating and Encouragement of Fishery," that henceforth no mack- 
eril shall be caught (except for spending whilst fresh), before the first 
of July annually, be and hereby is fully repealed and made void, 
anything therein to the contrary notwithstanding. 

And ^vJicreas, by one other act, entituled "An Act for the Settlement 
and Support of IMinisters and Schoolmasters," amongst other things 
therein enacted, it is ordained that every minister, being a person of 
good conversation, able, learned and orthodox, that shall be chosen by 
3 Mass. 280. ^^^^ major part of the inhabitants in any town, at a town-meeting duly 
warned for that purj^ose, notice thereof being given to the inhabitants 
fifteen days before the time for such meeting, shall be the minister of 
such town ; and the whole town shall be obliged to pay towards his 
settlement and maintainance, each man his several prc»3ortion thereof; 
upon further consideration of the said section or paragraph in said act, 
and the impracticableness of the method therein proj^osed for the 
choice of a minister, in divers towns Avherein there are more churches 
than one, and inconveniences attending the same not so well before 
seen, — 

It is enacted and declared, 

[Sect. 8.] That the before recited section or paragrajih, and all and 
every the clauses therein contained, shall from henceforth be re})ealcd 
and revoked, and are hereby repealed and utterly made void forever, 
anything in the said act to the contrary notwitlistanding. 

And it is further declared and ordained that the paragraphs ana 
sections hereafter follotcmg be enacted, and by the authority aforesaid 
are enacted in addition to the remaining part of said act relating to 
ministers ; — 

[Sect. 9.] That is to say, that each respective gathered church in 
any town or place within this province, that at any time shall be in 
want of a minister, such church shall have power, according to the 
directions given in the word of God, to choose their own minister. 



Ante, chap. 

§2. 



Ante, chap. 

§4. 



32, 



26, 



[3d Sess.] Province Laws.— 1692-3. 103 

And the major part of such inhabitants as do there usually attend on 
the publick worship of God, and are by law duly qualified for voting in 
town aflairs, concurring with the churche's act, the person thus elected 
and approved, accepting thereof and settling with them, shall be the 
minister ; towards whose settlement and maintainance all the inhabi- 
tants, and rateable estates lying within such town, or part of a town, or 
place limited by law for upholding the publick worship of God, shall be 
obliged to pay in proportion : provided^ that nothing herein contained 
is intended or shall be construed to extend to abridge the inhabitants 
of Boston of their accustomed way and practice as to the choice and 
maintainance of their ministers. 

Be it further enacted^ 

[Sect. 10.] That in such towns or places where there is no church 
gathered, the rateable inhabitants of such town or place, at a meeting duly 
warned for that purpose (notice thereof being given fifteen days before 
the time of such meeting), by the major vote of such assembly then and 
there met, with the advice of three neighbouring ordained ministers, 
shall choose and call an orthodox, learned and pious person to dispense 
the word of God unto them, to the settlement and maintainance of 
Avhich minister all rateable estates and inhabitants within such town or 
place shall be assessed and pay proportionably. 

A7id it is further enacted by the authority aforesaid, 

[Sect. 11.] That where any town or place shall be negligent of 
their duty by law required respecting the maintainance of the ministry, 
the court of quarter sessions of the peace within the same county, upon 
complaint to them made, are impowred and required efiectually to pro- 
vide for remedy thereof, and, by warrant from said court, to convent 
before them the selectmen or others sj^ecially api^ointed by the inhab- 
itants of such town or place to take care in that matter (having accepted 
such betrustment), and, upon conviction of neglect therein, to impose a 
fine upon the delinquents not exceeding forty shillings each person for 
the first offence ; and upon a second conviction of such neglect to impose 
a fine of four ponnds upon each person ; and the like sum of four jjounds 
for every after conviction ; such fines to be levied by distress and sale 
of the offender's goods (returning the overplus if any be), and to be 
disposed of to the use of the poor of the same town or place by the 
selectmen or overseers of the poor. \_Passed February 17, 1692-3. 



CHAPTER 47 



AN ACT FOR THE REVIVING AND CONTINUING OF THE DUTIES UPON 
GOODS, IMPOST, EXCISE AND TUNNAGE OF SHIPING, AND THE ACT FOR 
GRANTING OF THE SAME. 

Whereas, at the first sessions of this court, begun in June last past, 
by an act then made entituled, "An Act for Impost, Excise, and Ante, chap. 5. 
Tonnage of Shipping," there was granted unto their most excellent 
majesties, their heirs and successors, to the ends and intents in the said 
act mentioned, several duties, impost and excise, on the wines, liquors 
and goods therein enumerated, which act was to continue and remain 
in force for the term and space of one whole year, and no longer, which 
said year will expire and be ended upon the twenty-ninth day of June, 
one thousand six hundred ninety and three ; upon consideration of the 
continued and growing charges for the management of the war and 
necessary support of the government of the province, and for and 
towards the defreyiug thereof, — 



104 Province Laws.— 1692-3. [Chap. 48.] 

It is enacted and declared hy the Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the several duties, impost, excise and tonnage in 
the said act mentioned, and in one other additional act for impost and 
excise, made at the second session of this court, be and hereby are con- 
tinued and further granted unto their majesties, to the ends and intent 
aforesaid, from and after the twenty-ninth day of June next coming, 
unto the twenty-ninth day of June which will be in the year of our 
Lord God, one thousand six hundred ninety and four, and no longer, 
to be collected and paid in manner as by said act is directed. And the 
before said act, entituled, " An Act for Lnpost, Excise and Tonage of 
Shipping," and all and every the branches, articles, clauses and parts 
thereof, with the additions thereto, are hereby revived and continued, 
to abide and remain in full force and virtue unto the aforesaid twenty- 
ninth day of June, one thousand six hundred ninety and four, and not 
afterwards, anything herein contained to the contrary notwithstanding. 

And it is further enacted and declared by the authority aforesaid, 

[Sect. 2.] That the governour and council be and hereby are fully 
impowred to assign and make over all the profits and revenue arising 
thereby, as security to such jierson or persons who shall advance and 
pay down any considerable sum or sums of money for a present supjDly 
of the 23ublick occasions, for their being rejiaid the same with the allow- 
ance of seven per cent per annum interest : provided, there be not an 
exceeding, in the former grant and this, the sum of five thousand pounds 
upon the interest therein exprest : saving, notiaithstanding, to all per- 
sons that formerly lent their bills of credit for supply of the occasions 
of this government, their discounts by a note from the treasurer for all 
sums which they shall have to pay by virtue of this act, being bona 
fide for their own account, according to the proviso in the act for 
making the former bills of credit to pass currant, or by consignments, 
to be made appear by bills of lading, said discounts to be reckoned and 
outset in part payment of said loan. \JPassed February 18, 1692-3. 



CHAPTER 48. 

AN ACT FOR THE REGISTRING OF BIRTHS AND DEATHS. 

For preventing of great uncertainty and inconvenience that may 
happen for want of a particular register of births and deaths, — 

Be it enacted by the Governour, Council and Representatives in Geiv- 
eral Court assembled, and by the authority of the same, 
10 Allen, 164. That every town clerk within this province shall be and is hereby 
impowred and required to take an account of all jDcrsons that shall be 
born, or shall dye, within each town, respectively, and the precincts 
thereof, and fairly to i-egister in a book their names and surnames, as 
also the names and surnames of their parents, with the time of their 
birth and death. And the clerk shall demand and receive the fee of 
threepence, and no more, for each birth or death by him so registred, 
to be paid by the parents or others nextly related to or concerned with 
the party born or dying. And if any shall refuse or neglect to give 
notice to the town clerk of the birth or death of any person that they 
are so related to or concerned for, or to pay for registring as above- 
said by the space of thirty days next after such birth or death, every 
person so refusing or neglecting, and being (upon the complaint of any 
town clerk) thereof convicted before a justice of the peace within the 



[3d Sess.] Province Laws. — 1692-3. 105 

same county, shall forfeit and pay unto such clerk the sum of five shil- 
lino-s, to be levied by distress and sale of the ofiender's goods by war- 
rant from such justice, if payment thereof be not made withm four 
days next after conviction as aforesaid. And every town clerk shall 
give forth from the registry a foir certificate, under his hand, of persons 
born or dying in the town, to any who shall desire the same ; and he 
shall receive' sixpence and no more for every certificate so given. 
[Passed Fehnianj 17, 1692-8. 

14 



106 Province Laws.— 1692-3. [Chap. 49.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Second day of March, A.D. 1692-3. 



CHAPTEK 49. 

AN ACT FOR THE PROPORTIONING AND SETLlNG OF THE TAX OR ASSESS- 
MENT OF THIRTY THOUSAND POUNDS GRANTED UNTO THEIR MAJES- 
TIES. 

Whereas the commissioners of the respective comities, in pursuance 
See chapters 4 of the act entitulecl "An Act for regulating the former Assessment 
andu, ante. ^^^^^ f^^. granting an additional supply of Money," made at the second 
sessions of this court, have met in Boston, as a committee, and taken an 
account of the sum total of the lists laid before them of each town 
respectively, and made a further addition to the several sums of each 
list, as near as they judged proportionably (including the sum already 
returned unto the treasurer, for which his warrants are gone forth), 
towards making np the sum of thirty thousand pounds granted upon 
the whole province ; upon consideration had of the return made by the 
said committee, — 

Tt is declared and enacted by the Govemour., Council and JRepresen- 
tatives in General Cotirt assembled, and by the authority of the same, 

[Sect, 1.] That the additions made by the said committee, as well 
on jjolls as estates, according to their report, be and hereby are approved 
of and accepted as a regulation of said assessment in compliance with 
said act, and that the treasurer forthwith issue out his warrants, 
together with the said lists returned from the several towns, to the con- 
stables or collectors appointed within the respective towns, to collect 
and pay in the siim in each list respectively mentioned, by the first day 
of May next, as by the act is directed; and for- such towns and i)laces 
as have omitted to return the list of their assessments, the treasurer is 
impowred to send his Avarrants to the selectmen and town commis- 
sioner, to assess the polls and estates, Avithin said town or place, the sum 
proposed by the said committee for said toAvn's proportion of said tax, 
in manner and according to the rules set doAvn in the act for regulation 
of the same and in this j^resent act, saA^ing a liberty to such toAvns, only, 
to apply to the general assembly, at their next sessions, for an ease and 
abatement of the sum proposed by the committee and set upon said 
toAvns respectively, they returning a true list in the mean time and 
making it api)car that they have l^een overdone. 

And it is further enacted by the authority aforesaid, 

[Sect. 2.] That the treasurer do likcAvise send out his Avarrant to 
the selectmen and town commissioner of each town, respectively, Avithin 
the proAnnce, fortliAvith to assess and proportion the additional sum 
returned by the aforesaid committee to compleat the said tax remaining 
to such toAvn, after subduction of the respective sums of both the lists 
of said toAvn, — as Avell that formerly returned for the first part of said tax 



[4th Sess.] Province Laws.— 1692-3. 107 

as their present list, — the said remainder to be assessed upon the estate 
lying within such town, according to the rules prescribed by the before 
recited act, only taking in such polls as formerly were omitted (polls to 
be assessed but at twenty shillings per poll upon the whole tax) ; and 
the lists so made to return unto the treasurer at or before the last day 
of May next, who is hereby impowred, upon receipt thereof, to grant 
forth his warrants, as aforesaid, for collecting and paying in the same to 
their majesties' treasury of this their province, by the first day of Feb- 
ruary next ensuing, in the year one thousand six hundred ninety and 
three. 

Provided, nevertheless, and it is further enacted and declared hy the 
authority aforesaid, 

[Sect, s!] That neither the rules and directions for the making the 
said tax and assessment prescribed by this present act, or any former 
act in any wise relating to said assessment, nor any of them, nor the 
proportioning of the said tax or assessment upon the several towns, 
shall hereafter be drawn into jDresident or example as a rule or propor- 
tion for the future raising of money, but is, from necessity, consented 
unto for this time only and no other, anything in this or any other act 
contained, or to be from thence drawn or implyed to intend the con- 
trary in any wise notwithstanding. \_Passed March 17, 1692-3. 

Notes. " — not being versed in law, I have depended upon the Lieut. Gov who is appointed 
Judge of y" Courts, to see that they be exactly agreeable to the lawes of England, and not 
repugnant in any part : if there be any error I know it will not escape your observacon and 
desire a check may bee given for what maybe amisse." — Letter from Gov. PhijJS to the Earl of 
Nottingham, Feb.'20, 1692-3. 

Chap. 11. This act being analogous to the Declaration of Rights in the Constitution of this 
Commonwealth has been divided into articles and numbered, in conformit}' to the method there 
adopted. 

" Two laws not only mark the spirit of the people but were probably the cause of the most 
lasting consequences: — 

[Chap. 14.] That for the distribution of intestate estates gave the same equal payment to all 
[the intestate's] creditors and the same equal share to all his children except the elder's right 
to a double share. 

[ Chap. 29.] That subjecting the land of the deceased to the payment of everj' debt, while 
the equit}' of its provisions did honor to the province, evinced a very dissimilar spirit from that 
of the colonies of the south. To these salutar}' regulations much of the populousness and of 
the commerce of the Massachusetts is owing." — Chalmers', unpullished, MS. continuation of 
his Polit. Annals, in library of Mass. Historical Society. 

Chap. 14. "DocenT 10, 1723. In Council; Upon a Question moved upon the Law of this 
Province made in the fourth Year of King William & Queen Mary Entituled An Act for the 
Settlement & Distribution of the estates of Intestates, "Whether such Estates as are or may be 
entailed by an Entail General; Viz., To the Heirs of the Bodjr lawfully begotten, — are, by 
Vertue of the Said Law, Subject to the Same Division or Distribution, as estates in Fee Simple 
Intestate, & ouglit accordingly to descend to& be Divided among all the Children of the Tenant 
In Tail, Saving only to the Eldest Son a double Portion ? Resolved in the Negative. In the 
House of Represent'" Read, & Resolved that the Resolving of this Question will not be of any 
Service to the Pro-vance." — Records of the Govei-nor and Council, vol. XII., j}- 101. 

Chap. 22. "June 22nd, 1704. The following resolves were drawn up and passed : — 

Whereas a doubt or question hath been moved upon the first paragraph of the Act for the 
better observation of the Lord's Day; viz., — 

Whether the penalty therein expressed extends to both parts of the s'' paragraph ? 

Resolved that the said penalty or fine of five shillings extends to both parts of the said para- 
graph and is so to be understood, and, — 

Further, Resolved that by the power of restraint given by the latter paragraph of the said Act, 
such restraint is intended and to be understood of imprisonment not exceeding the space of 
twelve hours, by sitting in the Cage or Stocks not exceeding three hours, upon any that shall 
presumptuously and obstinately offend in anj' of the particulars or articles therein enumerated 
contrary' to any admonition given by any justice of the peace, constable, tything man or other 
officer. 

Which resolves being sent down to the Representatives was returned with the concurrence of 
that House thereon. Consented to: J.DUDLEY." 

—Ibid., vol. VIII., p. 62. 

Chap. 28. Sect. 4. " Dec. 2, 1720. A Question being moved upon the Paragraph which 
relates to the Qualifications of Voters in Town Meetings in the Act for Regulating of Townships 
& Choice of Town Officers made & Pass'd in the fourth Year of the Reign of King William the 



108 Province Laws.— 1692-3. [Notes.] 

third; Viz., Whether the Words [Eateable at Twenty Pounds Estate to one single Rate besides 
the Poll] are to be understood as the Qualification of Free-holders, as well as other Inhabitants 
of Towns &c? 

In Council ; Dec 1, 1720 ; Resolved in the Affirmative, And that the Law ought so to be Under- 
stood : — In the House of Representatives ; Read & Concur'd : — Consented to : Samll Shute." 
—Ibid., vol. XL, p. 88. 

" June 5, 1725. In the House of Represent'" For as much as many Towns within this 
Province have variously construed these Words [The Major Vote of such Assembly] iu the Act 
entituled An Act for "Regulating Townships Choice of Town Officers & Setting forth their 
Power Made and Pass'd iu the fourth Year of King William & "Queen Mary whereby some 
Difficulties may arise as to the Determination of a Vote for the Choice of a Town Officer; For 
Prevention Avhereof; The following Question was put; Viz, Whether by the said Word, in 
Voting for a Town Officer (The Major Vote of such Assemblj') ought to be understood the 
Majority of the Voters present & Voting in such Choice ? Resolved in the Affirmative & that the 
said Law ought so to be understood. In Council; Read & Non Concur'd." — I bid., vol. XII., p. 333. 

Sect. 6. " June 13"» 1706. The Vote drawn up yesterday for Acceptance & Confirming of 
the Vote of the Town of Boston, That One Tliousand Pounds be forthwith raised for the Repair 
of the Fortifications in & about the said Town, & sent to the Representatives to be pass'd bj- 
that House, was Returned with a written Message from that House, that they are of Opinion, 
that the Law well provides that any Town may, with his Excellencies Approbation, raise & lay 
out any Sum or Sums of ]\Ioney for their own Fortification & Defence, without any further 
Allowance, or Sanction from this Court : & 

The Draught made yesterday being again Read was unanimously Voted by the Council & 
sent down for Concurrence being in the Words following ; Viz, Whereas the Town of Boston at 
their Meeting this Day being sensible of the great & imminent Danger the said Town is at 
Present in — ,W'''' is the Head of the Province for Trade & Navigation — , and the Despair her 
Majesties Fortifications are fallen into, have Agreed and Voted that One Thous'^ Pounds be 
forthwith raised for that Service ; 

Resolved that the said Vote & Grant — be gratefully accepted and Confirmed, And it is hereby 
desired & Directed, that the said Sum of One Thousand Pounds be forthwith levied, collected & 
employed according to the said Grant ; And His Excellency is earnestly Requested to Order the 
said Works to be speedily proceeded in to Efiect: — W*^"" Resolve was Agreed to by the House of 
Representatives: Consented to: J.DUDLEY." 

—lUd., vol. VIII., pp. 212-13. 

^'■August Ihtli, 1707. Upon a Question moved by the Assessors of the town of Boston upon 
the sixth Paragraph in the Law for Regulating of Townships Referring to County & Town 
Assessm'% Whether it do equally refer to both or not? 

Resolved by both Houses That the said Paragraph doth equally refer to County & Town 
Assessments both for Persons & Estates, And that the Tenants or Occupants of Housing & 
Land, & no other are to be assessed for the same, as the Law directs for Province Taxes under 
the like Provision betwixt Landlords & Tenants. J. DUDLEY." 

—Ibid., pp. 327-8. 

On the second of December following the above date, the foregoing questions were again 
presented, when the above resolves were affirmed by the Council, which declared that, " the 
Assessors ought to have observed the same as to Town Rates; and that Boston be restored to 
the General Rule throughout the Province." This vote was concurred in by the Representa- 
tives, and consented to by Gov. Dudley. — Ibid., p. 357. 

Chap. 33. " Decembi^ 7"" 1692. Justices were nominated and appointed for the holding of 
the Superiour Court of Judicature and for the Inferiour Court of Pleas within the Several & 
respective Conntj-s." — Ibid., vol. VI., p. 249. 

Chap. 38. Sect. 6. " June 20, 1727. In the House of Represent'^Mhe following question 
•was put upon the last clause or enacting paragraph of the Act entitled an Act for Ascertaining 
the Number and regulating the House of Represent"^ made in the fourth year of the reign of 
the late King William and Queen Mary : Whether by the said clause or paragraph the Door- 
keeper of this Court and Messenger of the House of Represent"' during the time of the sitting 
of the Court is freed and exempted from any arrest, suit, imprisonment or being any ways mo- 
lested, &c, as any member of the General Assombl3''s servant is during the time of their session ? 
Resolved in the affirmative, and that the Law ought so to be understood. In Council ; Read 
and concurred :— Consented to: W^ DUMMER." 

—Ibid., vol. XIII., p. 346. 

Chap. 42. " The act for securing the liberty of the subjects was dissented to for this memo- 
rable reason; that the benefit of a writ of habeas corjms was a privilege which had not yet been 
granted to any of the plantations. It is difficult to decide whether the conduct of the assembly or 
the council was most faulty : the former hy making an act where none was necessary, and bring- 
ing into doubt the most invaluable of all privileges. It should have reasoned, ' The people of 
Massachusetts are English subjects; therefore are entitled to personal freedom. When a statute 
gave a si^ccific remedy the conimon law -adopted it as part of itself and transferred it to the most 
distant territories of England.' How astonishing is it that some of the most renowned states- 
men and lawyers and Whigs in the English annals should have supposed, what their reasonings 
would affirm," that an Englishman is entitled to personal liberty from the grant of the king!— 
never reflecting that the colonists were English, who derived their privileges from the same 
charter which upheld the throne on which William sat." — Chalmers' MS., ut sujira. 

Chap. 46. Sect. 9. " April 16, 1735. In the House of Represent'" A question arising upon 
a paragraph of an act pass'd in the fourth and fifth years of the reign of King William and 
Queen Mary Chap. 21"* Whether by the power declared to be in a gathered church in any 

* So numbered in the edition of 1726. 



[4th Sess.] Province Laws.— 1692-3. 109 

town or place within this Province to chuse a minister be intended that such persons as are or 
have been taken into communion with such church altho they dwell without the bounds of the 
town, place or precinct where the church be authorized or supposed to have power to vote or apt 
in inviting, callinp, settling or separating from the minister of such church: — It was resolved in 
the negative and declared that no person in communion Avith any church and dwelling without 
the limits of the town or precinct to which such church belongs, and by which town or precinct 
cannot be rated or taxed for the support of Iheir minister, hath, nor ever had nor ought to have 
any vote or power of acting in inviting, calling, supporting, continuing, or separating from such 
minister, or any other aflair that may atiect the interest or charge of any town or precinct. 

In Council; Read and concur'd: — Consented to: J. BELCHER." 

— Council Records, vol. XVI., p. 125. 

Chapters 10, 44 and 45, were never printed with the laws of tlie Province. Besides the acts 
here printed only three others were passed this year; and these were passed at the fourth session, 
under the following titles; viz., — 

" An act for ordering the sum of tive hundred pounds unto His Excellency, the Governor, for 
his service and expence since his arrival." [Apj^roved by the Governor Mar. 7, 1692-3. 

" An act for granting unto Jane Hind, widow, a void piece of ground belonging unto the 
estate of her son, deceased." [Approved Mai: 7 , 1QQ2-3. 

" An act for allowing of four shillings j^er diem unto the county commissioners ordered to pass 
into the several towns of the county's for regulation of the tax or assessments, amounting, iu 
the whole, to forty-four pounds eight shillings." [Approved Mar. 17, 1692-3. — See chapters 41, 
and 49, ante. 

Of the acts of this year, the engrossments of the following chapters are not to be found in the 
Secretary's office and are believed to be lost; viz., chapters 11, 12, 13, 15, 16, 17, 18, 19, 21, 23, 
25, 20, 27, 29, 31, 33, 34, 43, 46, 47, 48, 49, and the three acts the titles of which are given 
above. Of the engrossed acts still preserved, seven; viz., chapters 14, 20, 22, 24, 28, 30 and 38, 
are copies made by Sir. Secretary AV^illard, in 1735.* 

The records of the Committee on Trade and Plantations, and of the Privy Council, show 
that the said Committee, at different meetings held from the twenty-ninth of March to the 
twentieth of May, 1695, voted their approval of all the public acts of this year, except chapters 
1, 6, 10, 11, 12, 16, 19, 29, 33, 36, 40, 42 and 43; and that, on the fourth of June following, they 
voted to present them to the Lords Justices, in Council, for their confirmation, together with 
chapter 40, and the act for granting the Governor £500. It will be seen, however, that, besides 
the acts disapproved by the Committee on Trade, chapters 9, 31 and 40 were disallowed by the 
Privj' Council. 

The reasons alleged by the Committee on Trade and by the Lords Justices for disallowing the 
rejected acts were, substantially, the same; and some of them appear to have been first sug- 
gested by the anonymous author of the following paper which seems to have been written in 
New England : — 

" Obsekvations upon the Laws of Massachusetts. — October 1692. 

Upon the Acts of the Generall Assemblyes holden at Boston for the Province of the Massa 
chusetts Bay, began the eight day of June 1092 and continued unto the Vith of October by 
adjournement. 

It is humbley enquired wheither The Act for continuing the locall Lawes to stand in force &« 
be not a breach npon the method apointed for the makeing of Lawes either by the old Charter 
or new settlement haveing never any of them ever been ingrossed in parchment or a scale 
affixed to them, and haveing been declared voyd by the Kings Councill learned in the law for 
want of such method of enacting and wheither the exception therein of such as are not repug- 
nant to the lawes of England, &", be not a darkness & snare to the subject who may be 
ignorant thereof and must allow infinite constant controversies what is and what is not 
repugnant & wheither all that exeption be not a meer compliment when the first of those 
locall Lawes in the Massachusetts Law forbids anj' process in the Law w"'out a Law in that 
Book warrant the same & wheither the revising this Act in the adjournem' untill May may not 
of course pass at the end of every tearm to defeat the hopes of the Kings subjects of y just 
defence and security of their persons and estates by the Lawes of England. 

Upon the two next Acts for enforceing the collecting & paying &", & for collecting the 
arrears &", wheither the said Assessment haveing been made and granted by certaine conven- 
tion at Boston w'l'out any Charter or Warrant from the Crowne nor any notice taken thereof 
by y Majest" last grant and being very great and extriordinaiy sumes could by any other 
method be enforced upon the subjects then by a new Act of the Generall Assembly raj'seing 
the said Assessments and authoriseing the levy of the same by their power and wheither such, 
a method of continucing and enforceing such levyes without warrant from the Crowne will not 
be of ill example and hurt to the dependance of the plantations. 

Upon the two Acts of Assessm' & Impost wheither since the Traide hath been allwayes 
charged w* an impost and excise and the Countrey w"' one single assessm' annually from 
the first settlement there & laws warranting the same, we are not very cautious to keep a naked 
Exchequer for the King by allowing no penny but V annum. 

To the first Act for holding Courts of Justice where it is said the Justices for SuflTolk to be 
perticularh' appoynted and commissioned by the Govern' wheither it be not a playne infringem' 
of the Goverm' power and y« Kings prerogative that any Court should be holden w'^out such 
Comiss" as this law allowes & was practiced. 

Wheither the Act setting forth Generall Privilidges & therein reciting severall Clauses of 
Magna Charta be not needless, their Majest' haveing under the great seal of England given 
his subjects here all the Lybertyes and Immunitj-es of the naturall subjects w'Mn any of his 
dominions and wheither we do not show our ignorance or distrust of such their Maj''«' Grant 
by thus ¥*ticularly offering and more wheither the meaning of it be not as of old that their 

* See Preface. 



no Province Laws. — 1692-3. [Notes.] 

Maj''" subjects shall not challenge any privilklge but w' shall be found of our owne enacting 
least we should by any means be thought iniediatlj'- obliged to the Kings Grace for such 
priviledges or our law book not found a perfect Independant body of lawes. 

Upon the Act for the settlem' and distribution of Intestates Estates, -^vheither any thing can 
be more exactly contradictory to the lawes of England and right of heirship, wheither it grants 
not an arbitrary power to the ordinary to devide & spoyle what estates he shall please and not 
others & wheither the end of it will not be perfect levelling and distroying of every good estate 
of land like the Agrarian Lawes to the hazard of the dependance of y" Govcrnement when no 
man in the Countrey of Estate will be found fit to serve the King but a number of people that 
will have nothing to hazard by their disobedience & wheither it be not more reasonable for 
P'sons quallyfied in that Act to provide by their Wills as they please. 

To the Act for prevention of frauds & perjure3^s wheither it being in the words of the Statute 
of England is not allso to shew us that no penall law of England is in force but by vertue of our 
enacting and Courts & Justices to take notice thereof accordingly. 

To the Act for the distribution of Insolvent Estates wheither it be not contrary to the law of 
England which assignes an order of payment the King first, Statutes, Judgments, Bonds, Bills 
&«, in order which must all here even the King himself come into the avarage. 

To the Act for punishing criminall offenders wheither the Laws of England do not enough 
provide in such cases and wheither the treble paj'ment be not unreasonably decreed especially 
■upon slaves who may thereby when they please undoc their masters & wheither we can alter 
the la'iv for Burglary. 

To the Act for the punishing Capitall offenders wheither y« lawes of England are not & ought 
not to be sufhcicnt in all capitall cases and wheither it be not more for the honor of the Crowne 
& the due dependance of the Plantations to hang all traytors & fellons upon the statutes of 
England then upon this Chapter & what is to be security to the subjects here when a few 
weeks past twenty persons were executed at Salem upon the Statute of King James against 
witchcraft and one pressed to death and now the law against witchcraft is to be enacted all the 
other penall statutes of England may be by the same rule enforced upon this and this chapter 
of capitalls, and by the continuation of the locall lawes all that are in the old book besides. 

Wheither the law against high treason do not curtajde the statute of the 25"" of Edward the 
3"i never thought too heavey in any time so that clyppj'ng the Kings Coyne killing the Judges 
defileing Princesses &", are not to be allowed high treason in New England. 

To the law for makeing of Lands and Tenements lyable to the payment of debts wheither it 
will not distroy the planter and bring all lands to no value when it shall be in the power of an 
Angrey Credito"' or sheriff to levy a strap out of the midle of lands or y" garden or yards so as 
to destroy the whole Estate when no provision or restraynt is put in and wheither it be not 
better left to the law of England for extent. 

To the law for the establishing Judicatory, wheither in the powers of the superior court it be 
not much more reasonable and intelligible to give that Court the power of the Kings Bench 
Comon Pleas & Exchequer which English men understand and all the Plantation use them to 
couch and hide their power so as that y^ Judges or people may deney or affirme their power or 
dutey in such Courts as thay please, wheither it be not expressly against law and introductory 
to manj'fold inconveniencyes to have the Juryes wholly taken out of the hands of the Sherriffes 
& lodged where manj'fold' inconveniances and corriptions may happen impossible to be punished 
as where the sherriff is in trust. 

To the Act for establishing forms of Oaths wheither the Councellor's Oath ought not to say 
something of y^ Kings service & be more conforme to the oath of a privy Councell'. 

Wheitlier the word according to law in the Jurymaus Oath be not to spare confounding the 
Court & Jury together. 

To the Act against Conjuration Witchcraft ill spirits wheither the Act be of any further force 
by our enacting of it. 

And wheither all this be not printed three years too soon." 

The Letter from the Privy Council to the Governor, &c., of the Province, respecting the acts 
of this year, concludes as follows : — 

" And we are further to take notice to jo\x that in the forming y said Laws divers Acts are 
joined together under y° same title, whereby it hath been necessary for the repealing of such 
of them as have not been thought fit to be confirmed, to vacate such others as have been com- 
prehended under such Titles, as may be observed in y= Act entituled an Act for punishing 
capitall offenders, the preventing of which Inconvenience we cannot but recommend to j'our 
care for y" future that in y^ forming of any new Acts they be enacted singly and under distinct 
Titles. And so we bid j-ou heartily fiirewell. From the Councill Chamber at Kensington the 
26th day of December 1605 In y= 7* year of His Ma'^' reign. 

Yo' very loving Friends _ 

J. SOMERS, C. S. 
EOMNEY ' SHREAVSBURY 

GODOLPHm PEMBROKE, C. P. S. 

WM. TRUMBULL BOLTON 

J. BRIDGWATER 

W. BRIDGEJLiN." 



ACTS, 

Pass E D i 693. 



[Ill] 



[1st Sess.] Province Laws.— 1693. 113 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Thirty-first day of May, A.D. 1693. 



CHAPTER 1. 

AN ACT FOR THE RESTRAINING THE TAKING EXCESSIVE USURY. 

Forasmuch as the abatement of interest lias alwayes been found 
beneficial to the advancement of trade and improvement of lands by 
good husbandry ; and whereas the taking of eight in the hundred for 
the interest of money tends to the great discouragement of ingenuity 
and industry in the husbandry, trade and commerce of this province, — 

J3e it, for the reasons aforesaid, enacted by the Governoxir, Council 
and JRepresentativees convened in Genercd Assembly, and it is enacted 
by the authority of the same. 

That no person or persons whatsoever, fi'om and after the first day of six pounds per 
August, in the year of our Lord one thousand six hundred ninety-three, per annum for 
upon any contract to be made after that time, shall take, directly or 3^5^t°527.°"^^' 
indirectly, for loan of any moneys, wares, merchandize[s] or other com- 7 Met. 294. 
modities whatsoever, above the value of six pounds for the forbearance ^ Alien, 447. 
of one hundred pounds for a year ; and so, after that rate, for a greater 
or lesser sum, or for a longer or shorter time ; and that all bonds, con- 
tracts, mortgages and assurances whatsoever, made after the time afore- 
said, for the payment of any principal or money lent or covenanted to 
be lent upon or for usury, whereupon or whereby there shall be I'eserved 
or taken above the rate of six pounds in the hundred as aforesaid, shall 
be utterly void ; and that all and every person and persons whatsoever Penalty for con- 
which shall, after the time aforesaid, upon any contract, take, accept, ^o^e"^ ^°'' 
and receive, by way or means of any corrupt bargain, loan, exchange, 
or by covin, or deceitful conveyance, or by any other Avay or means 
whatsoever, for the forbearing or giving day of payment for one whole 
year, of and for their money or other thing or things, above the sum of 
six pounds for the forbearing of one hundred pounds for a year, and so 
after that rate for a greater or lesser sum, or for a longer or shorter 
time, shall forfeit and lose, for every such offence, the full value of the 
goods and moneys, or other things so lent, exchanged, bargained, sold, or 
agreed for ; one moi[e]ty thereof to their majesties, towards the support 
of the government of this province and the contingent charges thereof, 
the other moi[e]ty to the mformer that shall sue for the same; any cus- 
tom, usage or law to the contrary notwithstanding : /)?'oyiV?e(7, nothing a saving, 
in this act shall extend to the letting of cattle, or other usages of like 
nature in practice amongst farmers, or maritime contracts among mer- 
chants, as bottommary, or course of exchange as hath been heretofore 
accustomed. \JPassed J'une 8 ; published Jane 17. 

15 



114 Province Laws.— 1693. [Chap. 2.] 

CHAPTER 2. 

AN ACT FOR REGULATING THE BUILDING OF SHIPS. 

Disallowed by FoRASMUCH ^s the building of sliips is a business of great importance 
the privy^coun- ^^j^. ^|^g coiimion goocl, and therefore, according to the course and prac- 
1690. ' tice of their majesties' kingdom of Enghand, suitable provision is neces- 

sary to be made that it be well performed, — 

£e it therefore enacted hy the Governom\ Council and Itepresenta- 
tives convened in General Assembly, and by the authority of the same, 
Vessels of thir- [Sect. 1.] That when and so often as any ship or vessel of thirty 
ty tons or up- tuns or upwards is to be built and set up in any town or place within 
surveyecf by this province, before any plank be brought on, the builder or owner 
warrant from a ^\^cy\\ j-epair unto One of the next justices of the peace within the same 
JUS iceo peace. ^^^^^^^^^ ^\\\o^ upon request made, is hereby impowred to appoint and 
authorize one or more able shipwrights to be surveyors of the said 
building, and of all the materials and workmanship in and about the 
same, from time to time as often as the builder or o-^^mer sees cause to 
call them ; Avho are to take care that all the materials be sound, suffi- 
cient and suitable for the occasion, and that the works be done and per- 
formed strong, substantial and according to the rules of their art, and 
to direct that all insufficient and defective timbers, plank or other 
materials be taken out and amended ; no timber or plank of oake to be 
allowed other than white oake : which surveyors so appointed shall 
have an oath administred unto them, to be faithful and indifferent 
between the builder and the owner. 

And it is further enacted by the authority aforesaid, 
Builders' penal- [Sect. 2.] That if any builder, upon the advice and direction of 
amendment? °^ such surveyor or surveyors, shall neglect to reform and amend what is 
judged to be defective or amiss in any materials or workmanship, shall 
forfeit and pay the summ of five shillings ^:)er diem, to the use of the 
poor of that town where such vessel shall be in building, until the 
defects be amended, — being convicted of such neglect before one or 
more justices of the peace ; unless such justice or justices upon hearing 
of the'builder shall see cause to allow him some further reasonable time 
Penalty for neg- for doing of the same. And if any builder shall bring to and fasten any 
Inga^s^urvey!"^' pl^^k upou any ship or vessel of the burthen aforesaid before a Avarrant 
of survey be obtained, as aforesaid, and the surveyor or surveyors have 
been to view the frame, every builder offending herein shall forfeit and 
pay the sum of ten pounds ; the one moiety thereof to the use of their 
majesties, for support of the government of the province and contingent 
charges thereof, and the other moiety to him or them that shall infomi 
and sue for the same by bill, plaint or information in any of their majes- 
ties' courts of record. 

And it is further enacted by the authority aforesaid, 
Surveyor's al- [Sect. 3.] That when any surveyor or surveyors are called upon by 
lowance. ||jg builder or owners to survey the work or materials, as is provided in 

this act, every such surveyor shall have for his care and attendance, 
when called, three shillings for every survey ; which charge of survey- 
ing is to be borne by the builder, when he is defective ; but when the 
builder is not in fault, then by the owner or owners ; and in case of 
travail out of town, to be further allowed for their time and necessary 
charges. \_Passed June 8 ; published June 17. 

" But whereas an Act for regulating the building of ships lays an unnecessary charge upon 
the subject, and also tends to the obstruction and restraint of the building of ships, We are 
humbly of opinion that it be repealed." — Opinion of the Lords Commissioners for Trade and 
Plantations, (o the King, Nov. 5, 1696, and see note, p. 123, j^ost. 



[1st Sess.] . Province Laws. — 1693. 115 

CHAPTER 3. 

AN ACT ENCOURAGING A POST-OFFICE. 

Whereas Their Most Excellent Majesties, by theii* letters patents Disallowed by 
under the great seal of England, bearing date the seventeenth day of cii^Novembersi 
February, in the year of our Lord one thousand six hundred ninety-one, ^o^^- 
have given unto Thomas Neale, Esq., his executors, administrators and 
assigns, full power and authority to erect, settle and establish within 
the chief j^orts of their said majesties' colonies and plantations in 
America, an office or offices for the receiving and dispatching of letters 
and pacqucts, and to receive, send and deliver the same under such 
rates and summs of nioney as the planters shall agree to give, &c., to 
hold and enjoy the same for the term of twenty-one years, Avith such 
powers and clauses as are necessary on that behalf, as by the said let- 
ters patents, relation being thereunto had, may more fully and at large 
api^ear ; and whereas^ Andrew Hamilton, Esq., is deputed and consti- 
tuted to govern and manage the said general post-office for and through- 
out all their majesties' j^lantations and colonies in the main land or 
continent of America, and the islands adjacent thereunto, jDursuant to 
the directions of the said letters patents ; and whereas he, said Andrew 
Hamilton, hath made application to His Excellency and Council and 
Representatives, convened in general asssembly, that they would ascei*- 
tain and establish such rates and summs of money upon letters and 
pacquets that shall be received and dispatched by the said officer or 
officers ; — 

For the effectual encoui-agement of the said general i^ost-office, and 
for the quicker maintenance of mutual correspondence amongst all the 
neighbouring colonies and plantations aforesaid, and that trade and 
commerce may be the better preserved, — 

IBe it^ therefore, enacted hy the Governour, Council and Hepresenta- 
tives convened in General Assembly, and by the authority of the same, 

[Sect. 1.] That there be from henceforth a general letter-office A general let- 
erected and established in some convenient place within the town of ed^in^'^oston*^*' 
Boston, from whence all letters and pacquets whatsoever may be, with 
speed and expedition, sent into any part of the neighbouring colonies 
and plantations on the main land and continent of America, or unto 
any of their majesties' kingdoms and dominions beyond the seas ; at 
which said office all returns and answers may be likewise received ; and 
that one master of the said general letter-office shall, from time to 
time, be appointed by the said Andrew Hamilton, which said master of 
the office or his servant, or agent, and no other person or j^ersons what- 
soever, shall, from time to time, have the receivmg, takmg up, ordering, 
dispatching, sending post, or with speed, and delivering of letters and 
pacquets, Avhatsover, wliich shall, from time to time, be sent to and 
from all and every the adjacent colonies and plantations on the main 
land and continent of America, or any other their majesties' kingdoms 
and dominions beyond the seas, where he, the said postmaster-general, 
shall settle or cause to be setled, posts, or running messengers, for that 
purpose ; except such letters of merchants and masters which shall be 
sent by any masters of any ships, boat, or other vessels of merchandize, 
or by any other person employed by them for the carriage of such let- 
ters aforesaid, according to tlae respective directions ; and also excej^t 
letters to be sent by any piivate friend or friends, in their Avay of jour- 
ney or travail, or by any messenger or messengers sent on pui-jDose for 
or concerning the private affairs of any jierson and persons. 



116 Province Laws.— 1693. [Chap. 3.] 

And be it further enacted hy the authority aforesaid, 
The several [Sect. 2.] That it shall and may be lawful to and for the postmas- 
age^onetters' ter-geueral aforesaid, and his deputy and deputies by him thereunto 
sufficiently authorized, to demand, have, receive and take for the j^ort- 
age and conveyance of all such letters which he shall so convey, carry 
or send post as aforesaid, according to the several rates and summs of 
current money of this province hereafter mentioned, nor to exceed the 
same; that is to say, for the jDort of every single letter from Europe, 
the West Indies, or other parts beyond the seas, twopence ; and all 
letters are to be accounted single though they contain bills of lading, 
gazetts, invoyces, &c. : and for each pacquet of letters from the places 
aforesaid, fourpence ; and a pacquet shall be accounted three letters at 
the least : and for the port of every single letter from Rhode Island to 
Boston, or from Boston to Rhode Island, sixpence ; and so in propor- 
tion to the greatness and quantity of letters : and for the port of each 
single letter from the post road in Connecticut colony to Boston, nine- 
pence ; and so in proportion as aforesaid : and for the port of each sin- 
gle letter from the city of New York, twelvepence ; and so in propor- 
tion as aforesaid : and for the port of each single letter from the prov- 
inces of East or West Jersey, or Pensylvania, fifteen pence ; and so 
in proportion as aforesaid : and for the port of each single letter from 
Maryland or Virginia, two shillings each single letter ; and so in pro- 
joortion as aforesaid : and for the jDort of each single letter from Salem, 
threepence ; from Ipswich, Newbury, or other places eastward of Salem, 
within this province, fourpence ; and from Piscataqua, sixpence ; and 
so in proportion as aforesaid. And if any letters or pacquets shall lie 
and remain in the office uncalled for, by the sj)ace of forty-eight hours, 
the postmaster then sending them forth to the respective houses of the 
persons to whom they are directed, shall have and receive one penny 
more for each letter or pacquet. 

And for the more effectual encoiaragement of the said general post- 
office, — 

J3e it further enacted hy the authority aforesaid. 
Post to pass fer- [Sect. 3.] That all such persons as shall be employed by the post- 
age ree. master-general in the several stages within this province, shall and may 
pass and repass all and every ferry within this province, at any time 
during the continuance of this act in force, without paying any rate or 
sum of money, either for his own or his horse's passage. 
And he it further enacted hy the authority aforesaid, 
to er'ct a^' ost^ [Sect. 4.} That no person or persons whatsoever, or bodys politick 
officeotherthau or corporate, other than the postmaster-general aforesaid, shall presume 
generai*herein' *^ carry, recany, or deliver letters for hire, other than as before excepted, 
named. or to sct up or employ any foot-post, horse-post or pacquet-boat, what- 
soever, for the carrying, conveying, and recarrying of any letters or 
pacquets, by sea or land, within this province, or shall provide and 
maintain horses and furniture for the equipping of any persons riding 
post, with a guide and horn, as is usual in their majesties' realm of 
England, upon the pain of forfeiting the sum of forty pounds, currant 
money of this province, for every several offence against the tenor of 
this present act ; to be sued and recovered in any court of record within 
this province, by bill, plaint, or information, wherein no essoyn, protec- 
tion, or wager of law shall be allowed : one half of the said forfeiture 
to their majesties, towards the support of the government of this prov- 
ince, and the contingent charges thereof; the other half to the post- 
master-general, who shall sue and prosecute for the same. 
And he it further enacted hy the authority aforesaid, 
^ips^&c!fto [Sect. 5.] That all letters and pacquets that, by any master of any 
deliver in' their ship or vcssel, or any of his company, or any passenger[s] therein, shall 
po"t-office!'^^ or may be brought to this port of Boston (other than such letters as 



[1st Sess.] Province Laws. — 1693. . 117 

are before excepted), shall, by such master, passenger or other person, 
be forthwith delivered to the postmaster of Boston, for the time being, 
or unto his servants or agents, by him or them to be delivered accord- 
ing to the several and respective directions of the same ; the said post- 
master or his servants paying to the master of any such ship or vessel 
so delivering in his letters, a halfpenny for every letter or pacquet. 
And it is further enacted hy the authority aforesaid, 
[Sect, 6.] That the postmaster-general, his officers or servants, shall 
continue constant posts for the carriage of letters to the several places "^l^^^lJ^^^,^^^ 
and stages above mentioned ; and shall seasonably and faithfully deliver neglect of con- 
forth the letters, according to the intent of this act, upon pain of for- stant°postTand 
feiture for every omission five pounds, to be recovered as aforesaid, and delivering let- 
to be disposed the one half to their majesties, as aforesaid, the other half *®'"®- 
to tlie party aggrieved who shall sue for the same. 
And it is further enacted, 

[Sect. 7.] That the said postmaster, his agents or servants, upon 
the coming in of every post, do mark every letter with a print, to show Letters to be 
the day of the month, and year when every letter came in. marked. 

And it is further enacted hy the authority aforesaid., 
[Sect. 8.] That if any ferryman within this their majesties' province 
shall at any time neglect, refuse or delay the conveying, over his or penalty for fer- 
their ferry, any postman or his horse, he shall forfeit the sume of five ^^^f"^'® ^^^' 
pounds, to be recovered and disposed as the penalty before by this act 
laid upon such as shall set up any post or pacquet boat. 
And he it further enacted hy the authority aforesaid, 
[Sect. 9.] That all lettei-s of publick concernment for their majes- 
ties' service, from time to time and at all times, shall be received, dis- Public letters to 
patched away, and delivered with all possible speed, according to the ^° ^'^^^' 
respective directions thereon, free of all charge, and without demand- 
ing or receiving any money or pay for the same, any thing herein before 
contained notwithstanding : provided, that this act, nor any thing therein 
contained, shall continue in force any longer than three years from and 
after the publication thereof, any thing herein to the contrary notwith- 
standing. \_Passed June 9 ; puhlished June 17. 

" And whereas an Act encouraging a Post Office appears unto us by a Report made by the 
Governors of the General Post-Office here in England to be prejudicial to the Office of the Post 
Master General in whose Patent are included all your Majesty's Dominions and inconsistent 
with the Patent granted in the j-ear 1G91 to Thomas Neale Esq., for the Post Office in America, 
We are humbly of opinion that the said Act be also repealed." — Opinion of the Lords Commis- 
sioners for Trade, cfc, ut sujjra. And see notes, pp. 123, 263 and 420. 



CHAPTER 4. 



AN ACT FOR CONFIRMATION OF TITLES WITHIN THE ISLANDS OF CAPA- 
WOCK, ALIAS MARTHA'S VINEYARD AND NANTUKET. 

Whereas Their Most Gracious Majesties, our Soveraign Lord and 
Lady, King William and Queen Mary, in and by their royal charter or lo Mass. 17. 
letters patents, bearing date at Westminster the seventh day of Octo- 
ber, in the third year of their said majesties' reign, for the uniting, 
erecting and incorporating of the colony of the Massachusetts Bay, and 
colony of New Plimouth, the province of Main, the territory called 
Acada or Nova Scotia, and all that tract of land lying between the said 
territories of Nova Scotia and the said province of Main, into one real 
province, by the name of the province of the Massachusetts Bay in 
New England, have therein particularly named, comprehended and 
included the islands of Capawock and Nantuket as part of the said 



118 Province Laws.— 1693. [Chap. 5.] 

province of the Massachusetts Bay, and annexed the same thereto, 
and also all islands and islets lying within ten leagues db'ectly opi^osite 
to the main land, within the said bounds ; — 

And whereas Their said Majesties have also been graciously pleased, 
in and by their said letters patents, to grant and ordain that all 
and every such lands, tenements and hereditaments and other estates, 
which any person or persons, or bodies politick and corj^orate, towns, 
villages, colledges or schools, do hold and enjoy or ought to have, hold 
and enjoy within the bounds of the said charter, by or under any grant 
or estate duely made or granted by any general court fonnerly held, or 
by virtue of the letters patents herein before recited, or by any other 
lawful right or title whatsoever, shall be, by such person or persons, 
bodies politick and corporate, towns, villages, colledges or schools, their 
respective heirs, successors and assigns, forever hereafter held and 
enjoyed according to the purport and intent of such respective grant, 
under and subject, nevertheless, to the rents and services thereby 
reserved or made payable, &c., as in and by the before recited charter 
or letters patents, reference thereto being had, doth and will more fully 
and at large appear ; — 

Hut forasmuch as the said island of Capawock, alias Martha's Vine- 
yard, and the island of Nantuket were, for some time, under the rule 
and government of the province of New York, and the properties and 
titles of the lands upon the said islands, respectively, being derived and 
founded upon several grants and patents made and granted by the suc- 
cessive governours of the said province of New York, and so legal there 
according to the constitution, usage and custom of the government of 
said New York ; and the inhabitants and proi^rietors of lands within 
the said island of Capawock, alias Martha's Vineyard, and the island of 
Nantuket, for their better quiet and satisfaction desiring this court's 
confirmation of the same, — 

It is therefore declared and enacted by the Governour, Council and 
Hepresentatives convened in Genercd Asseinhly^ and hy the authority 
of the same, 

That all lands, tenements, hereditaments and other estates, held and 
enjoyed by any person or persons, towns or villages within the said 
islands of Capawock, alias Martha's Vineyard and Nantuket, and each 
of them resjiectively, by or under any grant or estate duely made or 
granted by any former government, or by the successive governours of 
New Yoi-k, or any other lawful right or title whatsoever, shall be, by 
such pei'Son or persons, towns or villages, their resj^ective heirs, suc- 
cessors and assigns, foi'ever hereafter held and enjoyed according to the 
true pui'port and intent of such respective grant, under and subject, 
nevertheless, to the rents and services thereby reserved or made pay- 
able ; and are hereby ratified and confirmed as fully and amply, to all 
intents, constructions and puri^oses, as the lands in any other parts or 
places within this province, by virtue of their majesties' royal charter. 
\_JPassed June 13 ; published June 17. 



CHAPTER 5 



AN ACT FOR THE BETTER COLLECTING THE IMPOST AND EXCISE, AND 
PREVENTING FRAUDS. 

-Se it enacted by the Governour, Council and Hepresentatives coti- 
Officersempow- veiled ifi General Assembly, and by the authority of the same, 
ered to enter [Sect. 1.] Tliat sucli otficcr Or ofiicers as are or shall be impowred 
eeil^^'*'^*^'^ ^*^^ and appointed by the commissioners for impost and excise, shall have 



[1st Sess.] Province Laws. — 1693. 119 

power and hereby are authorized to enter on board any ship or vessel, 

there to make search, or to attend the unloading of any such shi23 or 

vessel, the better to prevent fraud, and to secure the true payment of 

the duties, as by act or acts for or relating to the impost and excise is 

imposed. And all masters of ships or other vessels coming into any of Masters of 

the harbours or ports within this province, before they break bulk fihall at"?he "import 

make a report to the commissioners for impost and excise, or such as office before 

are by them appointed to receive the same, the contents of the[ir] '^'^' ^°^ " ' 

loading, without any charge or fee to be demanded or paid for the 

same. And if they have on board any goods liable by law to pay 

impost, they shall then also give an account, under their liands, to the 

best of their knowledge, of the quantities, species, and to whom the 

goods are consigned, with the marks thereof; after which they may 

unload, and not before, on pain of fifty pounds, to be forfeited and paid 

by each master who shall neglect his duty in this behalf 

J]e it further enacted hy the authority aforesaid, 

[Sect. 2.] That no goods that by law ought to pay impost, unladen Goods to be 
out of any shij) or vessel, shall be landed on any wharfe or into any day^Ume'oniy^^ 
warehouse or other place but in the daytime only, and that after sun- 
rise and before sunset, unless in the presence of, and with the consent 
of the officer aj^i^ointed to insj^ect such affairs, on the forfeiture of such 
goods. 

And it is further enacted, 

[Sect. 3.] That every master or head of a family shall be account- Masters of fam- 
able for the transgression of the law relating to retailing without licence, countable ^ for 
whether it be by his wife, children, servants or any other imployed by breach of the 
him. And all persons, retailers of wines, liquors, beer, ale or cyder, 
shall make entry and pay, as per law, the excise for the same before 
they receive it into their houses, cellers, shops, warehouses, or other 
rooms or places, on the penalty of forfeiture of the same (unless they 
have agreed by the year with the commissioners), any law or usage to 
the contrary notwithstandmg ; and whatsoever wines, liquors, cyder, 
beer or ale, that is bought by or for any retailer[s], and shall not be 
entred, but is concealed, the commissioners for the impost and excise, or 
any impoA\Ted by them, may, on their majesties' behalf, sue and recover 
of such retailer every such surum or smnms as should have been paid 
for such wines or liquors so bought and concealed, by information, 
plaint or action of debt, in any of their majesties' courts of record 
within this 2:)rovince. 

And it is further enacted hy the authority aforesaid, 

[Sect. 4.] That all retailers that refuse to open the doors of their justice of peace 
houses, cellars, vaults, rooms or other places suspected, by the commis- ranf for*brTak- 
sioners or persons by them impowred to inspect the excise, to have Id g open doors, 
wines, liquors, beer or cyder concealed, with intent to defraud their 
majesties of the duties required and laid by the act for impost and ex- 
cise, upon complaint made to a justice of the peace, it shall and may 
be lawful for, and such justice is hereby required to issiie out a warrant 
to such officer complaining, thereby to enable him, with the assistance 
of a constable, in the daytime, to break open the doors of such houses, 
cellars, vaults, rooms or other places where they are denied entrance ; 
and finding any wines, liquors, beer or cyder concealed that ought, but 
yet hath not been entred, and the duty of excise paid, as the act pro- 
vides, they are to seize and secure the same, in order to tryal and con- 
demnation; and all constables and others are to be aiding and assisting 
to them therein. And if any wines, liquors, beer or cyder, be seized Incase of seiz- 
for iuiy offence committed against the act for excise, in any of the par- "rdutk^s being 
ticulars thereof, the proof whether the duties be paid or secured to be paid to lie on 
paid shall lye upon the clauuer, and shall not be incumbent on the 
prosecutor or informer in behalf of their majesties and himself: pro- 



120 Province Laws.— 1693. [Chap. 6.] 

vided such seizure be made, or action brought, within ten clayes after 
the ground for such forfeiture or action did arise. 
And it is further enacted by the authority aforesaid. 
Forfeitures, £Sect. 5.] That all penalties and forfeitures, arising for the breach 

Dosed**^ ^^ ^^ ^^ ^^^^^ ^^*' ^^ ^^y clause or article tlierem, shall enure and accrue one 
half thereof to their majesties, towards the supi^ort of the government 
of the province, the other half to him or them that shall infonn and 
sue for the same : 2^'>'0vided, nevertheless, that this act shall continue in 
force until the twenty-ninth day of June, one thousand six hundred 
ninety-four, and no longer ; any thing herein contained to the contrary 
thereof in any wise notwithstanding. [^jPassed June 14; published 
June 17. 



CHAPTER 6. 

AN ACT ENCOURAGING THE KILLING OF WOLVES. 

J3e it enacted by the Govemoiir, Council and Representatives con- 
vened in General Assembly, and by the authority of the same, 
Wolves to be [Sect. 1.] That whosocver hath, shace the fourteenth day of May, 
^id for out of q^q thousand six hundred ninety-two, or shall hereafter kill any gi'own 
' wolfe within this province, and bring the head thereof unto the con- 
stable of the town in which such Avolfe shall be killed, or to the con- 
stable of the town next adjacent unto the place of killing such wolfe, 
without the bounds of any township, shall have a receipt of the con- 
stable for the same, and the constable shall cut off both the ears from 
such head ; and the party producing the constable's receipt unto the 
selectmen of said tOAVn, or some one of them, shall be allowed and paid 
out of the town's stock the sum of twenty shillings for every head, as 
aforesaid, of a grown wolfe by him killed, and the sum of five shilHngs 
for every wolve's whelp. 

And the better to furnish the selectmen with a stock sufficient to 
answer such payments, — 

Tt is further enacted by the authority aforesaid. 

Selectmen to [Sect. 2.] That the selectmen of each town, respectively, shall be, 

.assess their and hereby are, sufficiently authorized and impowred to assess the in- 

thisoccasionfto habitants of their town, yearly, in due j^roportion, as near as they can, 

be re-imbursed gvich sum and sums as they shall judge necessary to serve that occasion, 

Uc treasury.^" ' together with other charges of the town, and to cause the same to be 

collected in manner as is by law directed for the gathering of town 

rates ; and all such sum and sums of money so paid out of any town 

stock for the killing of wolves, the same being made to appear, shall 

be allowed unto such town, by the general treasurer of the province, 

out of the publick revenue. [Passed Ju7ie 15 ; published June 17. 



[2d Sess.] Province Laws.— 1693. 121 



ACTS 

Passed at the Session begun and held at Boston, 
THE Sixth day of July, A.D. 1693. 



CHAPTER 7. 

AN ACT FOR COASTING VESSELS WITHIN THE PROVINCE. 

Whereas, in and by an act of parliament, made in the twenty-fifth Disallowed by 
year of the reign of his late majesty, King Charles the Second, entituled ci'f ^dIc.*' 26°* 
"An Act for the encouragement of the Greenland and Eastland 1695. 
Trades, and for the better securing the Plantation Trade," effectual 25 car. 11., 
care is taken and provision made for the preventing of frauds and *^ * ''' 
securing the papnent of the rates and duties granted by said act 
unto his said majesty, his heirs and successors, upon sugar, tobacco, 
cotton-wool, indico, ginger, fustick, and all other dying wood of the 
growth, production and manufacture of his majestie's several jDlan- 
tations in America, Asia, and Africa, which shall be laden on board 
any ship or other vessel, with intent to be transported and earned into 
any other of his majestie's plantations ; which said rates and duties are 
to be paid in the respective places of the growth and production of the 
said goods and commodities before the lading thereof, — 

It is therefore declared^ and enacted^ by the GovernoKr, Council, and 
Ite2}resentatives convened in General Assembly, and by the authority of 
the same, 

[Sect. 1.] That any of the before enumerated goods and commod- Liberty for car- 
ities which are or shall at any time hereafter be brought into this prov- and'la^f^of the 
ince from any other of their majesties' plantations where the same do enumerated 
grow and are produced, shall and may be transjDorted and carried from frJSr^piace^ to 
port to port and place to place within the province, by land or water, P'ace in the 
for the supply of the inhabitants and trade within the same, without out entry, &c. ' 
any entry or clearing, bond or certificate to be given or taken out for 
the same ; and that no boat or other vessel, using to pass or trade 
between port and jjort, place and place, within the province onely, and 
not designed to go elsewhere, shall be obliged to enter or clear : pro- 
vided, that no such boat or other vessel do take in or cany more than 
six hogsheads, or one tun and half, of the said enumerated commod- 
ities at any one time, turn or voyage. 

[Sect. 2.] The masters of all boats or other vessels so passing or Masters to cn- 
trading from jDort to port or place to place, within the province, taking ter and give 
in more than six hogsheads, or the quantity of one tun and half, of any taice in above 
of the said enumerated commodities, at any one time, turn, or voyage, ^^^^ quantity, 
shall, before the taking in the same, give bond, at the naval office, of 
one thousand pounds, Avith one sufficient surety, to land all such goods 
and commodities at some other port or place within the province, or in 
some other of their majesties' colonies or plantations adjoyning, and 
not elsewhere, on pain of forfeiting such vessel and goods, according as 
by the within recited act of parlianaent is directed ; for which bond, 
there shall be paid three shillings, and no more ; and no such bond to 

16 



122 Proyince Laws.— 1693. [Chaps. 8, 9.] 

be sueable after the end of twelve months from the time of giving the 
same. [Passed July 14 ; published July 15. 

" we have called before us Mr. Brenton, collector & Surveyor of New England * * * and 
we have together with him considered the s^ Acts, and as to tliat for coasting vessells 'Fniit- 
ting Sugar, Tobacco," &c., " to be transported," &c., " within >•" Province by Land or Water, 
on pretence of supplying the inhabitants and trade therein, Avithout any entry or clearing bond 
or certificate to be given or taken out," &c. " We do humbly observe to your Lords'ps that 
this is not only contrary to the usage and practice in other plantations, but the Acts of Naviga- 
tion and Trade," &c. — " the Port and Bay of Boston, as the said Mr. Brenton informeth us, 
having more than a hundred sloops, shallops and lighters imployed thereat, and by this privi- 
ledge of lading to the quantity of six hogsheads of the enumerated Comodities on each sloop, 
shalop or ligliter without entry or clearing bond or certificate, [it] will not be difficult in a very 
little time thereby to load and unload any foreign ships of how great Burthen soever," &c., 
" the Province from the Narrangansett Bay to Port Poyall being about 300 leagues on y" Sea 
Coast, in which space are contained some hundreds of Harbours, Creeks and Coves," &c. 

" and whereas the Bond directed by this Act may not be sued after the end of 12 months 
from y time of giving the same. We humbly acquaint 5'0'' Lord'pps that this would prove 
inconvenient in many respects, and such Bonds tho' forfeited might by y" neglect or death of 
officers intrusted therewith prove oftentimes useless, and therefore, on y« whole matter, in our 
humble opinion the said Act is by no means fit to be approved by his Ma'^." — Report of the 
Lords Commissioners oj" the Treasury to the Privy Council, Dec, 17, 1695. 



CHAPTER 8. 



AN ACT FOR THE PARTITION OF LANDS, &C., AND THE RECOVERY OF 
LEGACIES AT THE COMMON LAW. 

J?e it enacted by the Governour, Council arid He^jreseritatives, con- 
vened in General Cow% and by the authority of the same, 
Partition of [Sect. 1.] That all persous having or holding or that hereafter 

coparcenerr^^*^ shall have or hold any lands, tenements, or hereditaments, as coparce- 
&c., to be forced ners, joint tenants, or tenants in common, may be compelled by writ of 
law*!''^ common p.^i.tition, at the common law, to divide the same, where the parties 
4 Mass. 035. canuot agrcc to make partition thereof by themselves : provided, this 
30 Maine, 143. act shall not be understood to repeal or any wayes altex*, any clause or 
clauses in the act for regulating of townships, referring to undivided or 
common lands. 

And it is further enacted by the authority aforesaid. 
Legacies to be TSect. 2.1 That where any certain legacy is or shall be bequeathed 
common law. and given by any person m his or her last will and testament, as, also, 
where any residuary or uncertain legacy is, or shall, by the accompt of 
any executor, be reduced to a certainty, every such legacy and legacies 
as aforesaid may be sued for and recovered at the common law, any 
law, custom or usage to the contrary notwithstanding. \_Passed 
July 14 ; published Jidy 15. 



CHAPTER 9. 

AN ADDITIONAL ACT FOR THE PUNISHING OF CRIMINAL OFFENCES. 

Whereas the breach of sundry criminal laws of this province is 
cnly punishable by fines, and many tunes the breakers of them have 
See 1692-3, i^^' ir.oney to satisfy the same, — 

chap. 22, and ]3e it, therefore, enacted, by the Governour, Council and Mepresenta- 
"nnte^' '^°*^' tives, Convened in General Assembly, and by the authority of the same, 
ftn^s^^to be '^^^''^^ henceforward it shall be in the power of any justice of the 
puniiflied by peace that shall have cognizance thereof, to punish breakers of the 
stocking, &c., pgjice, prophauers of the Sabbath, and unlawful gamesters, drunkards, 



[2d Sess.] Province Laws.— 1693. 123 

or prophane swearers or cursers, by setting in the stocks, or putting ^^^^^.^ *'^^ °*: 
into the cage, not exceeding three hours, or imprisonment twenty-four otherwise sat- 
hours, or by whipping, not exceeding ten stripes, as the case may isfytheiaw. 
deserve, and where the offender has not wherewithal! to satisfy the law 
in that case provided. [JPassed July 14 ; published Jidy 15. 

The general court, convened May 31,1693, held two sessions only, and was dissolved July 15; 
and a new court was convened on the eighth of November following. 

The foregoing nine chapters comprise all the acts passed at the two sessions above mentioned, 
and the original MSS. of all these acts are still preserved. Three of these acts, it Avill be seen, 
were disallowed by the Privy Council; for, although the first of these (chapter 2), had received 
the approval of the Committee on Trade, Oct. 1, 1695, the Lords Commissioners for Trade and 
Plantations, appointed the next year, raised the objections stated in their opinion quoted in the 
note at the end of that chapter. Their letter communicating the fact of disallowance and the 
reasons therefor, bearing date Jan. 20, 1696-7, contains the following passages, relating, respec- 
tively, to the chapters given at the beginning of the paragraphs: — 

[Chaj). 2.] " — That act not only laj's a certain charge upon the builders of Ships which 
seems to be unnecessary, and consequently an obstruction of such building, but it also opens a 
door to great partiality in the overseers, and is, therefore, apprehended to be rather a prejudice 
than advantage to those concerned. Nevertheless if, in the time that it has been in force the 
Province has found any considerable benefit by it, upon your acquainting us particularly there- 
withal! we shall be ready hereafter to promote the passing of another act to the same purpose, 
according as it shall appeare reasonable." 

[Chaj). 3.] " — That act is judged prejudicial to the office of His Majesty's Post Master 
General and inconsistent with Patents already granted; But, instead thereof, we are preparing a 
draught of another act to the same purpose and not liable to those objections, which we intend 
to send to j^ou as soon as we can finish it, That your general Assembly may, if they think fit, 
pass it in that manner and tlien transmit it hither for His Majesty's approbation." — See pp. 263 
and 420, post. 

Notice of the disallowance of these chapters was ordered to be given to Sir Henry Ashurst, 
the agent of the province, Nov. 23, 1696, and his written receipt therefor was required; which 
was filed the seventli of December following. 

On the 20th of June, 1694, the General Court, "upon the petition of Duncan Campbell, in 
behalf of Andrew Hamilton, esq., postmaster-general of North America," voted an allowance 
of £25, per annum, for the two years next ensuing, for the encouragement of the post-office. 
Similar votes, granting various sums, were passed in subsequent years; for instance, June 11, 
1696 ; July 22, 1703 ; April 12, and Oct. 30, 1700 ; Oct. 19, 1711 ; and Jan. 5, 1727. These, and 
other curious and interesting papers relating to postal affairs in New England, previous to the 
Revolution have been printed in the Collections of the Mass. Hist. Soc, 3d series, vol. VII., 
pp. 48-89. 

Objections had been raised against chap. 3, in the Committee on Trade, and a draught of a 
new act, proposed bj'the Governor of the general post-office in London, had been referred bvthe 
Committee, to the Attorney-General, Jan. 31, 1695-6, who suggested the addition of a clause 
which, on the 21st of February following, he was desired by the Committee to prepare for their 
consideration " together with M' Neal, Govern' of y" Post office in America." 

The report of the Lords of the Treasury, upon chap. 7, appears to have been received as con- 
clusive. 



ACTS, 
Passed 1693—4. 



[126] 



[1st Sess.] Province Laws. — 1693-4. 127 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighth day of November, A.D. 1693. 



CHAPTER 1. 

AN ACT KELATING TO SURETIES UPON MEAN PROCESS IN CIVIL ACTIONS. 

Be it enacted by the Governour^ Council and Hepresentatives in Gen- 
eral Court assembled, and by the authority of the same it is ordained 
and enacted, 

That where baile is given upon mean process in any civil action, not ^ Mass. 483. 
only for the appearance of the party to answer the suit, but also to ^ ^^^^' ^^' 
abide the order or judgment of the court that shall be given thereon, 
every such surety or sureties shall be obliged to satisfy the judgment 
in case of the principal's avoidance and the return of non est itiventus 
upon the execution, unless the surety, at the time of entring up judg- 
ment, do bring the principal into court and move to be discharged ; upon 
which the court shall order the keeper of the prison to receive him into 
custody, that so this body may be taken in execution. And the party 
for whom the judgment was given may have a writ of scire facias out 
of the same court against such surety or sureties, and, in case no just 
cause be shown to the contrary, the judgment shall be affirmed against 
the surety or sureties with the additional costs of suit ; and execution 
be accordingly granted : always provided, that such writ of scire facias 7 Mass. 347. 
be taken out and served upon the surety within twelve months after 
the first tryal and not afterward, and every surety of whom such 
recovery is made may bring his action for damages against the prin- 
cipal debtor. [_Passed November 16 ; published November 29. 



CHAPTER 2. 

AN ACT FOR PASSING OF SHERIFF'S ACCOMPTS. 

Be it enacted by the Governour, Council and Bepresentatives in Gen- 
eral Court assembled, and by the authority of the same, 

[Sect. 1.] That every clerk of the j^eace, in each county within this 
l)rovince, and clerk of assize shall deliver unto the sheriff of the county 
a perfect estreat of all fines, issues, amerciaments, recognizeances, 
moneys and forfeitures, imposed, set, lost or forfeited in any sessions 
of the peace, court of assize and general goal delivery, or sj)ecial court 
of oyer and terminer, by any person, due to their majesties, within the 
space of thirty dayes next after the ending of the said courts respec- 
tively ; and within said time shall deliver unto the treasurer and 
receiver-general of said province a perfect schedule of all such estreats 
by him delivered to the sheriff, on pain of forfeiting to their majesties, 



128 Province Laws.— 1693-4. [Chap. 3.] 

for the support of the government, the sum of five pounds for each neg- 
lect, upon conviction thereof before the justices of the same court. 

[Sect. 2.] And the justices of each of said courts respectively are 
hereby impowred to audit, examin and adjust the said accomj^ts of the 
sheriff, and upon payment of what shall be found remaining due there- 
upon to grant the sheriff a quietus est. 

[Sect. 3.] And whensoever any sheriff upon passing his accompts 
shall have his quietus est, he shall be thereby absolutely discharged of 
all sums of money by him levied and received and pretended not to be 
accompted for, -within the said accompt whereuj^on he had his quietus, 
unless such sheriff shall be called in question for such sum or sums of 
money so pretended to be levied, within two years after the time of such 
accompt and quietus. [Passed JSfovember 17 ; puUished N'ovember 29. 



CHAPTER 3. 

AN ACT FOR REGULATING OF THE MILITIA. 



Whereas, for the honour and service of their majesties, and for the 
security of this their province against any violence or invasion what- 
ever, it is necessary that due care be taken that the inhabitants thereof 
be armed, trained, and in a suitable posture and readiness for the ends 
aforesaid, and that every person may know his duty and be obliged to 
perform the same, — 

Pe it therefore enacted hy His Excellency the Governour, Council and 

Representativies in General Court assembled, and it is ordained and 

enacted by the authority of the scmie, 

Persons liable * [Sect. 1.] That all male persons from sixteen years of age to sixty 

to train. (other than such as are hereinafter excepted), shall bear arms and duely 

attend all musters and military exercises of the respective trooj^s and 

companies where they are listed or belong, allowing three months' time 

to every son next after his coming to sixteen years of age, and every 

servant, so long after his time is out, to provide themselves with arms 

and ammunition, &c. 

Clerk to take a [Sect. 2.] And the clerk of each troop and company, once a quarter, 

ust four times a jQ^^iy^ gj^jjH ^ake an exact hst of all persons living within the precincts 

of such troop or company, and present the same to the captain or chief 

ofiicer, on j^ain of forfeiting forty shillings for each default, to be paid 

to the captain or chief officer to the use of the company. And, in case 

of non-payment, to be levied by distress and sale of the offender's goods, 

by vertue of a warrant from the captain or chief officer, who is hereby 

impowred to grant the same. 

Persons to at- [Sect. 3.] That every person hsted in any troop or company shall 

ifs^ed tni order^ ^^ Continue and attend all duty in such troop or company, or, otherwise, 

ly dismissed. suffer the penalty by law provided, until orderly dismist or removed 

out of the tO"wn or precinct, and, in case of removal into the precinct[s] 

of another company in the same town, to produce a certificate under 

the hand of the captain or chief officer of the precinct whereto he is 

removed, that he is listed there. 

Penalty on such [Sect. 4.] If any person liable to be listed as aforesaid do exempt 

avoidlistS ^^ himself, by shifting from house to house or place to place to avoid bemg 

so hsted, he shall pay as a fine for every such offence, to the use of the 

company to which he belongs, ten shillings, being convicted before any 

justice of peace of the comity. 

* [Note.— This chapter was divided into sections when it was first printed, and tliis division is 
here preserved with the prefix of " Sect." to each number. 



[1st Sess.] Province Laws. — 1693-4. 129 

[Sect. 5.] That every listed souldier and other householder (except Foot soidiera 
troopers) shall be alwayes provided with a well fixt firelock musket, of armed! ^^ 
musket or bastard musket bore, the barrel not less then three foot and 
a half long, or other good firearms to the satisfaction of the commission 
ofiicers of the company, a snapsack, a coller with twelve bandeleers or 
cartouch-box, one pound of good powder, twenty bullets fit for his gmi, 
and twelve flints, a good sword or cutlace, a wonn and priming-wire fit 
for his gun ; on penalty of six shilUngs for want of such arms as is hereby 
required, and two shillings for each other defect, and the like 'sum for 
every four weeks he shall remain uni^rovided, the fine to be paid by 
parents for their sons under age and under their command, and by mas- 
ters or heads of families for their servants, other than servants ujDon 
wages. 

[Sect. 6.] That every trooper shall be always provided with a good Troopers how 
serviceable hoi-se of five pounds value, and not less than fourteen hands 
high (the same to be determined by the two chief commission ofiicers), 
covered with a good saddle, bit, bridle, holsters, pectoral and crooper ; 
and furnished with a carbine, the barrel not less than two foot and half 
long, with a belt and swivel, a case of good pistols, with a sword or 
cutlace, a flask or cartouch-box, one pound of good powder, three 
pounds of sizeable bullets, twenty flints, and a good pair of boots and 
spurs ; on penalty of twelve shillings for want of such horse as is 
hereby ordered, and three shillings apiece for every other defect, and 
the like sum for every six weeks he shall remain unprovided : and that 
each trooper list his horse, and shall not dispose thereof without the 
consent of his chief ofiicer, on the penalty of five pounds ; and for non- 
appearance at the time and place apj)ointed for exercise, every listed 
trooper for each daye's neglect shall pay ten shillings fine. 

[Sect. 7.] That there may be two trooj^s in a regiment, each of 
Avhich troops shall not exceed sixty men with ofiicers. 

[Sect. 8.] That regimental musters (except in Boston) shall be but Regimental 
once in three years, and every captain or chief ofiicer of any company ^afnfng of pL- 
or troop, in any regiment, shall be obliged on penalty of five pounds to ticuiar compa- 
draw forth his company or troop, or cause them to be drawn forth, four i Mass. 458, 
daycs annually, and no more, to exercise them in motions, the use of ^°^^- 
arms, and shooting at marks, or other military exercises ; which every 
person liable to train having been duely waiTied, and not appearing and 
attending the same, shall for each day's neglect pay a fine of five 
shillings. 

[Sect. 9.] That the commission ofiicers of any company or troop, commission of- 
or the major part of them, may order the con-ecting and punishing dis- ficers' powers, 
oi'ders and contempt on a training day, or on a watch, the punishment 
not being greater than laying neck and heels, riding the wooden horse, 
or ten shillings fine. 

[Sect. 10.] That there be military watches appointed and kept in Military 
every town at such times, in such places and in such numbers, and Yomi^^' 581 
under such regulations as the chief military ofiicers of each town shall ' 

appoint, or as they may receive orders from the chief ofiicer of the 
regiment ; and that all persons able of body or that are of estate (and 
not exempted by law), shall, by themselves or some meet person in their 
stead, to the acceptance of the commander of the watch, attend the 
same, on penalty of five shilUngs for each defect, there having been due 
warning giving. 

[Sect. 11.] Every souldier or other person liable by law refusing penalty for not 
or neglecting to attend military exercises on training dayes, or military attending mui- 
watches, that shall not pay, or have no estate to be found whereon to ^^^ 
levy the fine, it shall be in the ]^ower of the captain or chief officers of 
sucli company, on the next training day after such neglect (he not hav- 
ing satisfied the clerk), to punish him for such offence, by laying neck 

17 



130 



Province Laws. — 1693-4. 



[Chap. 3.] 



Person ex- 
empted from 
training. 
3 Pick. 392. 



Persons ex- 
empted from 
military 
watches, &c. 



Commission of- 
ficers to appoint 
sergeants and 
corporals. 



View of arms. 



How persons 
unable to pur- 
chase arms may 
be provided. 



and heels, or riding the wooden horse, not exceeding one hour's time ; 
and if such delinquent shall absent himself the second training day, 
without giving sufficient reason to the captain or chief officer[s] for the 
same, it shall be in the power of the chief officer of the company to 
direct a warrant to the constable of the town, requiring him to aj^pre- 
hend such delinquent and bring him into the field, that he may be pun- 
ish't according as by this law is provided ; and all constables are hei-eby 
required to execvite such warrants accordingly. 

[Sect. 12.] That the persons hereafter named be exempted from all 
trainings ; viz., the members of the council, the representatives for the 
time being, the secretary, justices of the peace, president, fellows, stu- 
dents, and servants of Harvard Colledge exempted by colledge charter, 
masters of art, ministers, elders and deacons of churches, sheriffs, al- 
lowed physitians or chirurgions, and profest schoolmasters ; all such as 
have had commissions, and served as field officers or captains, lieuten- 
ants or ensignes ; coroners, treasurers, attourney-general, deputy sher- 
iffs, clerks of courts, constables, constant ferrymen, and one miller to 
each grist mill ; officers imployed in and about their majesties' revenues ; 
all masters of vessels of thirty tuns and upwards, usually imployed be- 
yond sea ; and constant herdsmen, lame persons or otherwise disabled 
in body (producing certificate thereof from two able chirurgions), Indi- 
ans and negro's. 

[Sect. 13.] That the persons hereafter named be and hereby are 
exempted from military watch [es][ings] and wardings ; viz., the mem- 
bers of the council, secretary, representatives for the time being, presi- 
dent, fellows, students of Harvard Colledge, and the gentlemen belong- 
ing to the [troop of the] governour's guard, ministers and elders of 
churches, allowed phisitians and chyrurgeons, constables, constant ferry- 
men, and one miller to each grist mill. 

[Sect. 14.] That the captain and commission officers of each com- 
pany or troop shall and hereby are fully impowred to nominate and 
appoint meet persons to serve as serjeants and corporals in the respec- 
tive companies or troops, and displace them, and appoint others in their 
room, as they shall see meet. 

[Sect. 15."] That twice every year, or oftner if required, every cap- 
tain or chief officer of each company or troop shall give order for a 
dihgent enquiry into the state of his company, and for taking an exact 
list of the names of his souldiers and inhabitants within the limits of 
his company, and of the defects of arms or otherwise, and names of the 
defective persons, that they may be prosecuted as the laAv hath pro- 
vided, and such care may be taken as is proper to remedy the same. 

[Sect. 16.] That if any person, who is by law obliged to provide 
arms and ammunition, cannot purchase the same by such means as he 
hath, if he bring to the clerk of the company corn or other merchant- 
able provision, or vendible goods, so much as, by apprizement of the 
clerk and two other persons mutually chosen, shall be judged of greater 
value by one-fifth part than such ai-ms or ammunition is of, he, there- 
upou, shall be excused from the penalties for want of arms and ammu- 
nition, until he can be provided ; which said clerk shall provide, as soon 
as may be, by sale of such goods, and render the overplus to the party 
if any'be ; but the party shall, notwithstanding, give his personal attend- 
ance upon all occasions, as other souldiers, until he be supplied, and at 
such times shall perform any proper service he may be put upon by the 
captain or chief officer of the company he belongs to ; but if the person 
be judged unable to buy arms, or to lay down the value proposed, if 
he be a single man he shall be put out to service by the two next 
justices of the peace, to earn wherewith to buy arms and ammunition ; 
if such person have a family, and be judged unable, by the captain and 
major part of the selectmen, to lay down such value for the end afore- 



[1st Sess.] Peovince Laws. — 1693-4. 131 

said, then lie shall be provided for out of the town stock, or by ai-ms 
procured at the town's charge, until such time as he be judged able to 
provide for himself, and such anus to be under the care of the chief 
military officer and the selectmen of the town. 

[Sect. 17.] That drums, drummers, trumpets, trumpeters, colours How drums, 
and banners be, by the commission officers of each troop or company, are°to^ be pro- 
provided at the charge of the respective companies and troops, where "vided. 
they are not already provided, and the fines will not reach to procure 
the same ; and that such as have been imployed as drummers or trump- 
eters, or are fit and capable thereof, being appointed unto such service 
by the chief officer of any company or troop, shall attend the service, 
on penalty of forty shillings fine ; and every drummer for a year's ser- 
vice shall have twenty slnllings if he find his own drum, and ten shil- 
Hngs if the captain finds the drum ; and a trumpeter forty shilHngs^ a 
year if he finds his own ti'umpet, and twenty shillings if the captain 
find it. 

[Sect. 18.] That such meet person as by the commission officers of F*^?^^*^ ^°^ ^^' 
any company or troop shall be appointed clerk, and shall refuse to a"s^de^k. ^ 
serA^e, shall pay forty shillings fine, and another be chosen in his room, 
and so mitii one do accept ; wliich person shall be under oath for the 
faithful discharge of his office, to be administred unto him by a justice 
of peace, in the same county, in the words following : 

You do swear truly to perform the office of clerk of tlie military company Oath, 
under the command of A. B., captain, to the utmost of your skill and power, in 
all things appertaining to your office, according to law : So help you God. 

And for every distraint made for any fine not exceeding forty shillings, Allowance. 
he shall have one-quarter part for his pains and trouble. And for such note^, ^' *"' 
fines he may distrain ex officio; and in distraming shall observe such 
rules as the law hath provided in other cases ; and upon ten days' notice 
shall account with and pay to the captain or chief officer what fines he 
hath received, his own part being deducted. 

[Sect. 10.] The chief military officer of each regiment, as often as ^^^l^^plc'Ss^of 
he shall see cause, shall require the captain or chief officer of each the regiment, 
company in his regiment to meet at such time and place as he shall 
appoint, and then with them to confer and give in charge such orders 
as shall by them or major part of them be judged meet, for the better 
ordering and setling their several companies, and for the better pro- 
moting of militaiy discipHne amongst them. And the chief officer is Their power, 
hereby impowred, by his warrant directed to any clerk or officer of his 
regiment, to summon or cause to be brought before them any offender 
against the laws military, and according to law to hear and determine 
ail matters proper for their cognizance, and to give sentence, and to 
grant 7nittimiis or warrants for distraint to the clerk of the company 
where the offijnce is committed, for executing which warrant, if above 
forty shillings, he shall have ten shilHngs out of the same for his pains 
and trouble therein, and no more. 

[Sect. 20.] That there be a stock of powder and ammunition in J^^uf^fon °^ 
each town provided, and, from time to time as there is need, be renewed &c. 
by the selectmen ; which shall be a barrel of good powder, two hun- 
dred weight of bullets and three hundred flints, for every sixty listed 
souldiers, and after that proportion for the listed souldiers of each town, 
whether more or less ; also that the selectmen procure such a number 
of arms and so much ammunition as shall be made appear by the chief 
commission officers of each company in the several towns to be needful 
for the supply of such poor as by law they are to provide for. And Penalty for be- 
such town as cannot make it appear to the chief commander of the "^suiiprovi 
regiment that they are thus provided, at or before the first of May 
next, shall pay five pounds fine, which shall be distrained by warrant 



132 Peovince Laws.— 1693-4. [Chap. 3.] 

from said officer, directed unto the constable, upon the selectmen of the 
town, or any of them, and disj^osed of for the use of said town towards 
the supply of such stock ; and the like sum for every three months 
they shall remain so unprovided. 
Selectmen to fSECT. 21.1 And the selectmen, where there is not a suiEcient stock 

make a rate for r,'- -, -^ -, ... t • i ^^ i .i . 

buying of am- 01 powder, arms and ammunition, and m such towns where there is 
munition, &c., need of watcli-houses, firing and candles for their watches, in such case 
lOAUeii, 581, the selectmen, for so much as is wanting, are to procure or satisfy what 
is required or needed as before, shall make provision for the same by a 
rate equally and justly laid u23on the inhabitants and estate in such 
towns, and such rate signed and committed by them to the constables 
to collect, who shall, and hereby are required and authorized to collect 
the same ; and for non-payment, to distrain as for other rates ; and the 
money or pay collected to be brought into the chief military officers 
and selectmen of the town, to be by them improved for the ends afore- 
Penaityforneg- said. And the selectmen, or so many of them as shall neglect their 
^^^^' duty herein, shall ^^ay twenty shillings fine, to be paid to the captain 

for the use of the comjDany, being convict before two justices of the 
peace, who are hereby impowred to convent the party, and to hear and 
determin the same, and if need be, to appoint other meet jjersons in 
such towns, under the like penalties, to perfonn said service. 
nit''to^is''S [►'^ECT. 22.] That no clerk, ex officio, make distraint for any fine until 
within four four days after the offence committed ; that so the party may have 
*^*^®' opportunity to make excuse, if any he have, why he should not pay the 

Penalty for his fine ; and every clerk that neglects or refuses to account or make pay- 
coun^t^ &C.*' ^'^' ment, as by this law is provided, he by a warrant from the chief officer 
of the company directed to the constable, may be distrained on for so 
much as he hath or should have collected or distrained for. 
Penalty for of- [Sect. 23.1 That all officers yeild obedience to the warrants or com- 
ing their supe- iiiaiids of their suj^criour officers, on penalty of five pounds; to be heard 
nor officers. r^^^^^ determined at the next meeting of the chief officers and captains 
of the regiment ; and the fine to bo taken by distress and sale of the 
oflinider's goods, — returning the overjolus, if any be, — by warrant from 
the chief officer of the regiment, directed to the clerk of the company 
to which such offender belongs, and to be improved to the use and 
benefit of such company, as the officers so met shall agree, their 
expences being first defrayed out of the same. 
Alarm, [Sect. 24.] That an alarm at the castle upon Castle Island, near 

Boston, being made upon such causes as are agreeable to instructions 
to be given by the governour to the captain of the castle, shall be by 
putting out two flaggs, and firing of two guns towards the town ; at 
which time there shall, with all possible speed, such numbers be sent 
down for their relief as the governour and captain-general, or such 
person as shall be commander-in-chief in his absence, shall think neces- 
sary. At any other place an alarm may be made by firing three guns, 
one after another, or by firing a beacon, their drums beating an alanu, 
all persons being called upon to arm; upon which all the trained 
souldiers, and others capable to bear arms, that are then resident in any 
town, sliall forthwith ajjpcar compleat with their arms and ammunition 
according to law, at the usual place of rendevouz, or where the chief 
officers shall appoint, there to attend such commands as shall bo given 
Penalty for not fov their majesties' service, and that on the penalty of five pounds fine, 
an alarm*! or three months imprisonment : the members of the council, justices 

and sheriffs to attend upon the governour, if at or near Boston, and in 
other places to appear and advise with the chief military officers of the 
town, and to be assisting in their majesties' service according to their 
quality ; and such alarms shall at all times be carried on from neigh- 
bourhood to neighbourhood, and from town to town throughout the 
province ; and from such town where the alarm is made there shall be 



[1st Sess.] Province Laws, — 1693-4. 133 

forthwith clispatch'd one or more horsemen, to signify the occasion 

thereof to the justice of peace, chief military officer or constable of the 

next town or towns, which all persons are to take notice of and attend 

as is before directed. And if the alarm be made either from a seaport Relief be sent 

town or other town that lies a frontier to or in great danger of the ^^ frontiers. 

enemy, the captain or captains of the adjacent toAvns shall forthwith go 

with or send such relief as they shall judge meet for the offence of the 

enemy, or defence of themselves and neighbours, but so as to be 

observant to any commands or ordei'S they may receive from their 

superiour officers. And if any jDcrson shall wilfully make a false alarm. Penalty for a 

he shall be fined to their majesties twenty pounds, for supjDort of the ^^^^^ alarm. 

government, or suffer six months' imiorisonment. 

[Sect. 25.] No officer, military or civil, or other person, shall quar- penalty for 
ter or billet any souldier or seaman upon any inhabitant within this quartering 
province, without his consent (other than the jmblique licensed houses), upon iniiabi-' 
under the penalty of one hundred pounds, to be recovered by action, *^"*^' 
bill, plaint or ii]Jbrmation, in any court of record, one-half to their 
majesties, for the support of the government, the other half part to the 
party grieved that shall inform and sue for the same. And every such 
inhabitant may refuse to quarter any souldier or seaman, notwithstand- 
ing any order Avhatsoever. 

[Sect. 26.] That all persons exempted by this law from trainings 
shall, notwithstanding, be provided with arms and ammunition com- 
pleat, upon the same penalty as those that are obliged to train, 

[Sect. 27.] All fines, penalties and forfeitures arising by virtue of Fines and for- 
this act, or any breach thereof (not otherwise disposed of herein), bedispos^dlind 
shall be for the use of the regiment, company, or troop respectivelj'" ; recovered, 
that is to say, for jDrocuring and repairing di'ums, trximpets, colours, ban- 
ners, halberts, paying of drummers and trumpeters, or other charge of 
said company, and the ovciidIus (if any be), to be laid out in arms and 
ammunition for a town stock, and be recovered by action, bill, plaint or 
information in any of their majesties' courts of record. [^jPassed JVbvem- 
ber 22 ; publis/ied November 29, 



CHAPTEE 4. 

AN ACT FOR LEVYING SOULDIERS, 



For the more speedy levying of souldiers for their majesties' service, 
and the better to prevent disappointments through default in any 
improved therein, or by the non-appearance of such as shall be appointed 
to said service, — 

Be it enacted by His Excellency the Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That every person liable and fit for service, being orderly penalty for not 
detached or impressed for their majesties' service, by virtue of a warrant attending, upon 
from the captain or chief officer of the company or troop whereto he ^"^"^p^^®** 
belongs, and being touched or commanded in their majesties' name to 
attend said service, shall, by himself or other meet person in his room 
(to the acceptance of his captain or chief officer), attend the same at 
time and place appointed, on pain of suffering three months' imprison- 
ment, to be committed by mittimus from any justice of the peace, or 
chief officer of the company, where no justice of the peace is in the 
town, upon conviction of such neglect, unless such person, within the sj^ace 
of two hours next after his being impressed, shall j^ay down to his cap- 



134 Province Laws.— 1693-4. [Chap. 4.] 

tain or chief officer that granted the warrant the sum of five i50unds, 
to be imi^roved for the procuring and fitting out of suitable persons on 
that present service, if timely to be had ; or otherwise to be remitted 
by said officer unto the treasurer or selectmen of the town where such 
person dwells, to the use of said town, for and towards a stock of arms 
Fine, how to be and ammunition. And all persons so paying the said fine of five 
employed. pounds shall be esteemed to have served, and be no further or other- 

wise liable to any after impress than those that actually go forth in 
service at that time. 
Penalty for of- [Sect. 2.] Evcry chief officer of a regiment who shall neglect or 
sendfng^lut^*^^ 1^0* do his utmost to scud forth liis warrants seasonably for the detach- 
warrants. ing or imj^ressing so many men as shall be required, shall pay twenty 

jDOunds fine ; and every captain, or other chief officer of any comjDany 
or troop, that shall not use his utmost endeavor according to warrant to 
him directed, to detach or imj^ress or cause to be detached or imj^ressed, 
and have so many men at the place of randevouz, in time as by warrant 
Penalty for not is required, shall pay ten jDounds fine; and every officer or souldier 
ranlsoHmpTess that shall receive a warrant from his captain or chief officer for the 
^°- detaching or impressing of men shall forthwith attend and perform the 

Penalty on per- Same On pain of fivo pouiids fine ; and all persons are required to be 
assfst iu'exfcu^ aiding and assisting to him in the execution of such warrant on [^fJie] 
tiou thereof. penalty of forty shillings ; the said fines or sums of money respectively 
to be unto their majesties for and towards the support of the govern- 
ment, and to be recovered by bill, plaint or information in any court 
of record. 

And be it further enacted hy the authority aforesaid^ 
Penalty on per- [Sect. 3.] That all souldiers shall be in pay from the time of their 
thelmpress!^ being detached or impressed till they be orderly discharged, and have 
and any further- reasonable time allowed them to repair to their usual places of abode. 
^ ' And if any person, directly or indirectly, by counsel or otherwise, pre- 
vent the impressing, conceal any person impressed, or knowingly fur- 
ther his escape, such person shall pay as a fine forty shillings. And all 
persons lawfully impowi'ed to press may pursue any person that hides 
from the press or makes his escape, and may by himself or deputy 
impress such person in any place within the province. And if any 
impressed for their majesties' service shall remove or go out of the prov- 
ince and not attend the service as required, such person at his return 
shall be apprehended by warrant from any justice of the peace, and by 
him committed to the common goal of the county where he shall be 
taken, to suffijr three months' imprisonment, and before he be released 
shall also pay a fine of five pounds, to the use of the town whereto he 
belonged at the time of his impressing. 
Persons author- [Sect. 4.] If any person authorized to detach or levy souldiers for 
ized to impress, ^^i^^jj. maiesties' scrvice shall exact or take any reward to discharg-e or 

not to CllSCuarge '> ., ^ ^■^ r- c • • 11 

or spare any for spare any from said service, he shall lorieit ten times so much as he 
reward. shall SO exact or take, one moiety thereof unto their majesties for and 

toAvards the support of the government, and the other moiety to him 
or them that shall inform and sue for the same by action, bill, plaint or 
information in any court of record. 
Felony for any [Sect. 5.] No souldicr retained in their majesties' service and borne 
deseiThis^post. i^^ their pay, in garrison or otherwise, shall depart without licence of his 
commander, on pain of being proceeded against as a felon, and shall 
Justice of the suflcr the pains of death; and every justice of peace within his pre- 
peace to appre- q[i^q^ jg hereby authorized and required to cause all such deserters or 
&c. ' runaway soldiers Avhich he shall know or be informed of, to be appre- 

hended and secured, in order to tryal at the next assizes to be holden 
for the same county where they shall be taken. 



[1st Sess.] Province Laws. — 1693-4. 135 

And further it is enacted^ 

[Sect. 6.] That all such souldiers and seamen that have been Pensioners, 
wounded in their majesties' service within this province, and are thereby 
maimed or otherwise disabled, and had yearly pensions allowed them 
by the former government for their relief, shall have the continuance of 
the same (during their abode in this i")rovince), to be paid them out of 
the publick treasury. And all such souldiers and seamen as, at any time 
hereafter, shall be maimed or otherwise disabled by any wound received 
in their majesties' service within this province, shall be relieved out of 
the publick treasury, as this great and general court shall order. ^ 

[Sect. 7.] If any souldier shall lose his arms in their majesties' ser- Loss of arms, 
vice, not through his own neglect or default, such loss shall be borne by 
the publick ; and in case any souldier be furnished with arras for any 
expedition in said seiwicc, he shall allow out of his wages fourpence per Allowance for 
week for the same, and return such anns, or otherwise pay the value use of arms, 
thereof 

[Sect. 8.] Every captain or other chief officer that dismisseth any Penalty for dis- 
person retained and assumeth another, for gain, such captain or other ™!^|^QS^g"^jn. 
chief officer shall forfeit twenty pounds to their majesties, for and towards edTassunSng 
the support of the government, to be recovered as aforesaid : iwomded^ g^^n!^^"^ ^"^ 
that this act nor any clause or article thereof shall continue in force 
any longer than the present war with the French, anything therein 
contained to the contrary thereof notwithstanding. \_Passed Novenriber 
23 ; published November 29. 



CHAPTER 5. 



AN ACT FOR PUTTING AND KEEPING IN REPAIR THE TOWN HOUSE IN 

BOSTON. 

WnEEEAS the town house in Boston, within the county of Suffi^lk, 
has formerly been, and is still continued to be made use of for the 
holding of councils, courts of judicature and other publick assemblies 
for the whole province, and has been accustomed to be upheld and 
repaired in part at the charge of the late colony of the Massachusetts, 
part at the charge of the said county, and part at the charge of the 
said town, — 

Be it enacted by the Governom\ Council and Mepresentatives in Gen- 
eral Court assembled, aiid by the authority of the same. 

That the charges of repairing the said house be from time to time Charge of re- 
continued, to be answered and paid in proportion following ; that is to town"fouse in 
say, one-half part thereof out of the publick revenue of the province, Bostoji propor- 
one-quarter part out of the treasury of the said county, and the other 
quarter part out of the treasury of the said town. And the selectmen 
of Boston, from time to time, as there shall be need, are to take care 
that the said house be sufficiently repaired, and to lay the accompt of 
the charge before the governour and council, as also before the justices 
in quarter sessions, that so orders may be respectively given as well for 
payment of the part thereof belonging to the province, as that belong- 
ing to the county, according to this act. [^Passed November 25 ; p)ub- 
lished November 29. 



136 Province Laws.— 1693-4. [Chap. 6.] 

CHAPTER 6. 

AN ACT FOR HIGHWAYES. 

For the better amending and keeping in repair and clear the high- 
wayes and common roads, leading from town to town and place to 
place, and for laying out new highwayes, and turning old highwayes 
where it shall be needful, — 

Se it enacted by the Govemour, Council and Itepresentatives in Gen- 
eral Court assembled, and by the authority of the same. 
Surveyors of [Sect. 1.] That there be anmially chosen two or more freeholders 

be^annuaiiy" in each town respectively within this province, to be surveyors of the 
ciK)sen&sworn highwayes, who shall be sworn before some justice of the peace in the 
i2Aiien~5i38. couuty, diligently and faithfully to perform the said office for the year 
37 Mamc, 459. ensuing ; which surveyors shall take care that all highwayes, private 
wayes, causeys and bridges, lying within the precincts of such town, 
be kept in repair, and amended from time to time, when and so often 
as shall be needful, at the charge of such town (where it is not other- 
wise setled), that so they may be safe and convenient for travellers, 
Kieir power, tcems and drovers ; and the surveyors are hereby impowred to cut 
down, dig up, or remove, as well all sorts of trees, bushes, stones, fences, 
rayles, gates, inclosures or other thing or things, as may any wayes 
streighten, hurt, liinder or incommode the highwayes ; as also to dig 
for stone or gravel, clay, marl, sand or earth, in any land not planted 
or inclosed, and to j^ress any carriage, workmen or other things fit to 
be employed in the highwayes, for such reasonable satisfaction to the 
parties concerned as such surveyors can agree for ; and in case of dis- 
agreement, such as the two next justices shall appoint. 
Surveyors to [Sect. 2.] And the surveyers shall appoint certain dayes for pro- 

ncTticeforwork- "hiding materials, and working in the highwayes, having respect to 
ingonthebigh- the season of the year and the weather, and giving convenient publick 
"^^^^^ notice ; at which dayes, all persons liable to work (that is to say, from 

sixteen years old and upward), by themselves or other sufficient per- 
Penaity of non- SOUS in their stead, shall attend; and if any person make default of 
attendance, attending the said work, by himself or other sufficient person in his 
stead, or with his cart and teem, as he shall be appointed, upon com- 
plaint and proof thereof before the next justice of i)eace (without 
reasonable excuse made and allowed by such justice), he shall cause to 
be levyed of every such offender's goods the sum or penalty of two 
shilHngs sixpence for each daye's neglect of labour, besides the charge 
of making distress ; and for default of their cart and teem six shillings 
per diem., with charge of distress as aforesaid. 

And further it is enacted by the authority aforesaid, 
Quarter ses- [Sect. 3.] That where a new highway or common road from town 

ordOTfor^/aying ^^ town, Or i)lace to placc, shall be wanting, and where old wayes with 
out new high- more convenicncy may be turned or altered, upon application made to 
ing^oid'^onesf" the justices in quarter sessions, within the same county, the said court 
may appoint a committee of two or three sufficient freeholders of the 
next towns, who shall have most occasion of said way, to inquire into 
the necessity and conveniency thereof, and to make their report there- 
on ; and being judged to be of common necessity or conveniency, the 
justices of said court shall order a warrant to the sheriff or his deputy 
to summon a jury out of the next towns, to meet at some convenient 
day and place therein mentioned, to view and lay out such highwayes 
or roads, who shall have an oath administred unto them by a justice of 
peace, to lay out such way according to the best of their skill and judg- 
ment, with most conveniency to the publick and least prejudice or 



[1st Sess.] Province Laws. — 1693-4. I37 

damage to any particular person ; which having done, the sheriff or his 
de])uty is to make return thereof at the next court of quarter sessions 
of the county where the same way is, as well under his own as the 
hands of the jurors by whose oath the same is laid out, to the end the 
same may be allowed and recorded, and after known for a publick 
higliway : 2^>'0vided that, if any person be thereby damaged in his Damage in 
propriety or improved grounds, the town shall make him reasonable be^raadeTood. 
satisfliction by the estimation of those that laid out the same ; and if 
such person so damaged find himself agrieved by any act or thing done 
by the jury, either in laying of the said way or estimate of his dam- 
ages, he may ap2:)ly unto the court of quarter sessions for relief, before 
any allowance or determination be made by them, who are hereby im- 
powred to hear and determine the same ; but if no sufficient cause 
ajapear for complaint, he shall pay all charges arising thereby. 

And be it further enacted^ 

[Sect, 4.] That the selectmen of each town respectively be and Selectmen's 
hereby are impowred, by themselves or others whom they shall appoint, ourprivate^ 
to lay out or cause to be laid out, particular and jDrivate wayes, for such ^''^y^- 
town only, as shall be thought necessary, so as no damage be done to 
any j^articular person in his land or propriety without due recompence Recompensefor 
to be made by the town, as the selectmen and the party interested ^^'^'^se. 
may agree, or as shall be ordered by the justices in quarter sessions 
upon inqiiiry into the same by a jury to be summoned for that purpose. 

And it is farther enacted, 

[Sect. 5.] That if any person or persons shall erect or set up any Nuisance upon 
gates, rayles or fence upon or across any highway or country road, or removed! *° ^^ 
continue any such to the annoyance and incumbrance of the same 
(other than such as shall be allowed by the court of quarter sessions 
within the county), it shall be deemed a common nusance, and it shall 
be lawful for any person or persons to pull down and remove the same ; 
and if any such incumbrance be in any particular or private way, allowecl 
and setled by any town, upon complaint thereof made to the next jus- 
tice of the peace he shall appoint a committee of two or more discreet 
and indifferent persons to view such incumbrance and cause the same 
to be removed ; and if any person be agrieved at the removal of any 
such gate, bars or fence, he shall bo heard at the quarter sessions within 
the same county, and upon just cause shown shall be by them relieved. 

And be it further enacted by the authority aforesaid, 

[Sect. 6.] That if, through neglect or not keeping in sufficient Damage hap- 
repair any higliway, causey way, or bridge, any person happen to lose his defects iu'^ways 
life in passing any such highway, causeyway, or bridge, or lose a limb, ? p'^",'^se®^ 
break a bone, or receive any bruise or breach in any part of his body, 
through any defect in or want of necessary repair of such highway, 
causeyway, or bridge, the county or town respectively to which of right 
it belongs to maintain and keep the same in repair, having been warned 
or notified of such defect and need of repairs, and amendment thereof, 
either in w^riting, under the hand of two witnesses, or by i^resentment 
thereof made at the sessions of the peace, shall pay unto the parents, 
husband, wife, children, or next of kin to any jierson so losing his or 
her life the sum of one hundred pounds ; and for any other harm as 
aforesaid double the damage sustained thereby ; to be ordered and set 
upon them by the justices of the same county, in quarter sessions, who 
are hereby impowred thereto, and to render like recompence for any 
carriage, cart, horse or other beast banned or lost, proportionable to 
the damage suffered. 

[Sect. 7.] And if any person chosen a surveyer shall refuse to Penalty on sur- 
accept and take his oath, he shall forfeit twenty shillings ; and, having ^ accept^o"/"*^ 
accepted, do neglect his duty, shall forfeit for every neglect five neglecting their 
pounds; the said forfeitures respectively to be to the use of the ^^^^' 

18 



138 



Province Laws. — 1693-4. 



[Chap. 7.] 



town, and to be recovered by complaint before the next justice of 
peace, or at the sessions of the peace in the same county. 

[Sect. 8.] No person to be charged above a due proportion to the 
highwayes, either in labour or teems. [-Passec? I)ecernber 6; pub- 
lished jDecember 9. 



CHAPTER 7. 



AN ACT FOR REGULATING OF FENCES, CATTLE, &c. 



Pence-viewers 
to be chosen & 
sworn. 
6 Mass. 93. 
IG Mass. 35. 



Haywards or 
field-drivers. 



Fences of 4 foot 
high to be ac- 
counted suffi- 
cient. 



Penalty for not 
repairing insuf- 
ficient fence, 



—how to be 
recovered. 



None but pro- 
prietors and 
freeholders to 
have any horse 
run to feed on 
the common. 



Horses going on 
the common to 
be entered with 
the town clerk. 



For the better j)reventing of damage in corn-fields, and other 
improved and common lands, by horses, neat cattle, sheep, or swine, 
going at large, — 

He it enacted by the Governour, Council and Heiyresentatives in Geiv- 
eral Court assetnbled^ and by the authority of the same, 

[Sect. 1.] That in every town and peculiar within this province 
there be annually chosen by the inhabitants thereof (at the time of 
their meeting to choose selectmen and other town officers), two or 
more meet persons to be viewers of fences, who shall be sworn before 
a justice of peace to the faithful discharge of their office, in the partic- 
ulars committed to their care by this act ; as also two or more persons 
for hawards or field drivers ; and that all fences of four foot high, being 
of five rayles, or four that are equivalent, boards, stone Avail, brooks, 
rivers, ponds or creeks, equivalent thereto in the judgment of the fence 
viewers, shall be accounted sufficient fences. And all fences in com- 
mon fields, and other grounds under improvement, that shall be judged 
insufficient by the fence viewers, and notice thereof given to the party 
that of right ought to maintain the same, he shall sufficiently repair and 
amend all defects therein within the space of six dayes next after such 
notice given him ; and in case of his neglect, the fence viewers are 
hereby imiDowred and ordered forthwith to cause such defective fence 
or fences to be sufficiently made up and repaired, and the j^erson or 
joersons to whom it belongs to make good such fence shall j^ay double 
the cost and charge expended for doing of the same. Alid in case of 
refusal or neglect to make payment, as aforesaid, by the space of one 
month next after an accompt presented and demand thereof made, such 
fence viewers may recover the same by action, plaint or information, to 
be brought before any justice of the j^eace within the same county, if 
the sum exceed not forty shillings ; but if it be above that sum, then 
in the inferiour court of common j^leas. 

And it is further enacted by the authority aforesaid, 

[Sect. 2.] That no persons other than proprietors and freeholders 
in any town or j^eculiar, shall let any horse or horse-kind run to feed 
upon any common land belonging to such town or jDeculiar, and every 
such j)roprietor and freeholder may keep one horse-beast upon the 
common, and no more, except such proprietors and freeholders every of 
whom have a ratable estate within such town or peculiar of the value 
of fifty pounds, they to have the priviledge of two, and no more. 

[Sect. 3.] And the owners of all horse-kind going upon the com- 
mon are required to cause the same to be entred with the town clerk, 
who is to keep a book for that jjurpose, and therein set down as well 
the[ir] natural as artificial marks, and for eveiy such horse or horse- 
kind shall jDay a fee of threepence to the clerk for his entry ; such 
entry to be made at or before the tenth day of Aj^ril next, and so 
annually, on pain that every person neglecting so to do shall forfeit and 
pay the sum of ten shillings for each default. And if any freeholder 



[1st Sess.] Protince Laws. — 1693-4. 139 

01' proprietor shall desire to put more horses upon the common than is 
herein before allowed, he shall first repair to the town clerk, and make 
entry of the number and marks thereof, as aforesaid, and pay the fee as 
aforesaid for every such entry, as also the sum of five shillings per head 
per annum, to the use of the proprietors of such commons, on pain of 
forfeiting the sum of ten shillings jDcr head for such neglect. 

[Sect. 4.] And every town and peculiar within this j^rovince are Persons to be 
required to choose annually two meet persons to see to the due observ- fo see^o the^^"^ 
ance of this act relating to horses, and to prosecute the breakers observance of 
thereof. And if any person so chosen shall refuse to serve, or neglect *^'® ^'^*" 
his duty in any of the particulars herein committed to his care, he shall 
forfeit and pay the sum of twenty shillings to the use of such town. 

[Sect. 5.] And the town clerk of each town respectively shall, once Town clerk to 
in the year, give an account and pay in to the selectmen of the town so account 
much as he shall receive by virtue of this act for any horse-kind going ""* ^" 
upon the common. 

[Sect. 6.] All penalties and forfeitures arising for breach of this Penalties &for- 
act, relating to horses going upon the common, shall be one moiety be^^sposedT *° 
thereof unto the use of the persons to be appointed to see to the 
observance of this act, and the other moiety to him or them that shall 
inform and sue for the same before any justice of the jDcace within the 
county. 

And be it further enacted hy the authority aforesaid^ 

[Sect. 7.] That all swine going at large on the commons shall be Swine to be 
sufficiently yoked, from the first of April to the fifteenth of October, riiige^!'^^*^ 
yearly, and ringed in the nose all the year. And if any swine be found 
unyoked or unringed, their owners shall be liable to pay sixpence per 
head ; and if found damage feasant being unyoked or unringed, to pay 
twelvepence per head, over and above double damages to the party 
injured. And the haward or field driver, or any other person, may 
take up and impound such swine. 

[Sect. 8.] And that there be paid vmto the haward or field driver Fee for im- 
one shilling per head for all neat cattle or horses, and threeiDcnce per PO'iii<^°s- 
head for all sheep and swine by him impounded ; and to the jjound- 
keeper twopence per head for all neat cattle or horses, and one penny 
per head for all sheep or swine, for taking in and letting out, to be paid 
by the owners of such creatures. 

[Sect. 9.] And that, for every sheep in every town going on the Penalty for 
commons without being under the hands of a shepherd, from the first the co^nou°° 
of May to the last of October in every year, the owner or keeper of without e 
the said sheep shall pay the sum of threepence for ev^ry sheep at any ^^P^'"' 
time so found running on the common, not under the hand of a shep- 
herd or keeper, betwixt the first of May and last of October yearly. 
\Passed December 1 j picblished December 9. 



CHAPTER 8. 



AN ACT FOR ENABLING THE TREASURER TO CALL IN THE ARREARS OF 
PUBLICK RATES, AND DISCHARGING OF PUBLICK DEBTS. 

Whereas, by an act made by this court in the year one thousand 
six hundred ninety-two, in the first sessions, entituled, "An Act for the 1C92-3, cbap. 2. 
enforcing, collecting, and pajdng in the arrears of publick assessments, 
&c.," the constables and collectors were thereby enabled to collect said 
assessments, and ordered to accompt with and make jDayments unto the 
respective treasurers, and, for defect, to be distrained, as by said act 



140 



Province Laws. — 1693-4. 



[Chap. 8.] 



Constables or 
collectors to 
account for & 
pay'in the 
arrears. 



Upon neglect 
the treasurer 
to grant war- 
rants for dis- 
tress. 



Treasurer or- 
dered to make 
payment of 
debts. 



The executor or 
administrator 
of any deceased 
Constable, &c., 
liable in case. 



Committee to 
receive allega- 
tions or pleas 
for abatement. 



doth more fully ai^pcar, notwithstanding which many constables and 
collectors have neglected to accompt with and pay to the respective 
treasm-ers, as by said act they were enjoyned, yet for such their neglect 
have not been proceeded with as said law hath directed ; by reason 
whereof great sums remain uncollected, and many persons unpaid their 
just dues, — 

Be it therefore enacted hy the Governow\ Council and Represeyxta- 
tives in General Court assemhled, and by the authority of the same, 

[Sect. 1.] That all constables or collectors that have had any tax or 
publick assessment committed to them to collect in any tow^n, village, or 
precinct within the late colonies of the Massachusetts or Plimouth, since 
the first of October, one thousand six hundred eighty-nine, until the 
arrival of his excellency the governour, do foi'thwith accompt with 
and i^ay to the treasurer of the jirovince so much of such taxes or 
assessments as is in their hands, or that they have not already paid or 
orderly discharged themselves of; which if they shall neglect or refuse to 
do, the treasurer is hereby impowred and required to issue out w^arrants, 
for so much as they have not paid or discharged themselves of as afore- 
said, directed unto the sheriff of the county where any such defective 
constable or collector dwells, requiring him to levy all such arrears by 
distress and sale of such constable or collector's estate, real or personal, 
returning the overplus (if any be) ; and if no estate can be fou.nd, or 
not sufiicient to discharge the same, then to commit him or them unto 
the goal of the county, there to remain until he or they have paid and 
satisfyed such arrears, with charges : excejit any constable or collector, 
as the treasurer, by order of the governour and council, shall be directed 
to forbear, either for the whole or part, in order to his procuring an 
abatement, as this act hath hereafter provided. 

[Sect. 2.] And the treasurer is hereby ordered, out of the arrears of 
the whole assessments, whether on the late colonies of the Massachu- 
setts or Plimouth, or that have been laid on the province, to pay all such 
debts, due from the said colonies respectively, or from the province, as 
have been allowed by the former governments, or by the governour and 
council, or that have been or shall be allowed by such committees as 
have been or shall be appointed for such end. 

[Sect. 3.] And where any constables or collectors in any town are 
dead, and have not adjusted the accompts of the assessments committed 
unto them respectively, the treasurer is hereby impowred to bring his 
siite against the executor or administrator of such deceased constable 
or collector, for the same or what shall appear to be due. 

And forasmuch as divers constables have informed that they have 
been disabled from collecting the rates committed to them to collect 
before his excellency the governour's arrival, or the greatest part of 
them, by reason of the breaking up of some towns, in whole or in jiart, 
or by the death or removal of divei-s persons, or by the selectmen's 
rating some persons that are brought into extream poverty by reason 
of the war, and others that never were able to pay, — 

Be it therefore ordered and enacted hy the authority aforesaid, 

[Sect. 4.] That all such towns, constables or collectors that desire or 
expect any ease or abatement for or by reason of any of the above-named 
particulars, or have any other just cause to alledge for the same, do, by 
themselves or by some meet person in their behalf, aj^pear at Boston, at 
or before the twenty-fifth day of March next, before John Phillips and 
Peter Sergeant, Esqs., Captain Nathaniel Byfield, Major Penn Town- 
send and Mr. Edward Bromfield, or any four of them, who are hereby 
appointed and impowred to be a committee for the receiving and hear- 
ing of the allegations, pleas or proofs as may be ofiered for any such 
allowance or abatement to be made as aforesaid, and to report the same 
unto this court at their next session, that so they may give order therein 



[1st Sess.] Province Laws. — 1693-4. 141 

as to them shall api^ear just and reasonable. And, for so much as shall 
not be by said court allowed and abated, the treasurer shall forthwith 
issue out his warrants as afoi'esaid to levy the same by distress and sale 
of the estate of such constables or collectors as were before indulged 
and forborn. 

Also, it having been made to appear that several warrants issued out 
by the late treasurer of the province for making or collecting of the tax 
since his excellency the govcrnour's ari'ival have ixuscarried, — 

Be it therefore enacted., 

[Sect. 5.] That the treasurer forthwith issue out new wan-ants to Treasurer to 
such towns and places, for such sum or sums the other were sent out warrants where 
for, which all selectmen are forthwith to assess, and constables or col- the former imvo 
lectors to collect, by such rules and under such penalties as by the law 
relating to said tax were made and injoyned. 

And ichereas the treasurer hath been ordered to make payment of 
what remains due, to several persons that lent their bills of credit to 
this province in or about June or July, one thousand six hundred 
ninety-two, many whereof have been or may be longer unpaid than the 
tune they were promised payment in, — 

JBe it therefore enacted., 

[Sect. 6.] That such as are not already j^aid (discounting what they Allowance to 
owe to the province), shall be allowed for what is due to them by the their tfius?* 
treasurer, after the rate of six per cent j^er annum, for the value lent, 
from the expiration of the time they lent the same for, until they be 
paid or accept of the treasurer's order for payment of the same. 

And he it further enacted by the authority aforesaid., 

[Sect. 7.] That all constables or collectors shall duely pay and Penalty on con- 
answer all orders coming from the treasurer, out of the pubHck moneys lectors that 
in their hands, which they shall have collected for any pubUck tax or '"^''^fee'to^ha^^.^ 
assessment, committed or hereafter to be committed unto them to col- ten payment. 
lect, and that without delay. And if any constable or collector shall 
require, exact, receive, or take any fee, reward, allowance or abatement, 
directly or indirectly, from any person or joersons, to hasten or forward 
his or their payment, and be thereof convicted, upon complaint or 
infoiTuation brotight before the sessions of the peace within the same 
county, such constable or collector shall forfeit and pay the sum of five 
pounds over and above the sum so taken, one-half thereof unto their 
majesties, towards the support of the government, and the other half 
to him or them that shall inform and prosecute for the same. \Passed 
December 6, 1693. 



CHAPTER 9. 

AN ACT FOR BRISTOL FAIR. 



Whereas the general court of the late colony of New Plimouth 
did, in the year of our Lord one thousand six hundred and eighty, 
grant unto the inhabitants of the town of Bristol, within said colony, 
that they should have liberty of keeping two fairs in said town of 
Bristol, annually, for ever : one upon the third "Wednesday and Thurs- 
day in May, and the other upon the third "Wednesday and Thursday in 
November; and it being found by experience that two days is not 
sufficient for the transacting the business of said fair, and that so late 
in November is inconvcn,ient, both with respect to persons coming, it 
being many times very bad weather, and the chief lime for selling fat 
cattle being sooner, — 



142 Peovince Laws.— 1693-4. [Chap. 10.] 

Be it therefore enacted hy the Governour, Council and Representa- 
tives convened in Great and General Court, and it is hereby enacted 
by the authority of the same, 
Times for hold- That from henceforth the said fair shall be kept and held in Bristol 
ing Bristol fair. aforegai(;"[^ Avithin this i^rovince, upon the third Wednesday, Thursday 
and Friday in May, and on the third Wednesday, Thursday and Friday 
in October, annually, forever, and at no other time, any law, custom or 
usage to the contrary notwithstanding. [Passed December 7 ; pub- 
lished December 9. 



CHAPTER 10. 

AN ACT FOR THE REGULATION OF SEAMEN. 



Whereas great loss and damage is frequently occasioned to trade 
and navigation by seamen deserting their imploy or voyage they are 
entred upon, or being taken off from the same by arrest and restraint 
for debt, or pretence thereof; for remedy whereof, — 

It is declared and enacted by the Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the 
same. 
No mariner or [Sect. 1.] That if any innkeeper, victualler, seller of wine or strong 
arr™tedfor'any liq^ors, shopkeeper, or any other person whatsover, shall trust or give 
debt made credit to any mariner or seaman belonging to any shij^ or other vessel, 
longs to a ship, without the knowledge and allowance of the master or commander 
*="• thereof, no process or attachment, for any debt so contracted without 

knowledge and allowance as aforesaid, shall be granted against or 
served iipon such mariner or seaman, until he shall have jierformed the 
voyage he is then entred upon, and be discharged of the same. And 
every process granted contrary hereunto, and serving thereof, shall be 
deemed and adjudged utterly void in law. And any justice of the 
peace, within the same county, before whom it shall be made appear 
that any maiiner or seaman belonging to any ship or vessel is committed 
or restrained, upon process granted for any debt or pretention of debt 
made whilst such mariner or seaman was engaged and actually entred 
and in pay on any voyage, shall forthwith order his release. 
And be it further enacted by the authority aforesaid. 
Penalty on [Sect. 2.] That if the master or commander of any ship or other 

ping seamen' vessel shall ship any seaman, knowing him to be first entertained and 
first enter- ship't On board another ship or vessel, or, after notice thereof given him, 
board an" ther shall not forthwith dismiss him, every such master or commander so 
ship, &c. offending, being thereof convicted, shall forfeit and pay the sum of five 

pounds, one moiety thereof to the use of the jioor of the town where 
the offence was committed, and the other moiety to him or them that 
shall inform and sue for the same by action, bill, plaint or infonnation 
Seamen's in any court of record; and such seaman so shiping himself shall 

penalty. forfeit and pay the value of one month's wages that he shall so agree 

for, to be recovered, imployed and disposed of in manner as aforesaid. 
Ajid further it is enacted, 
Seamen desert- [Sect. 3.] That if any mariner or seaman, having ship't himself on 
to1)e\^mprTs-^'^^ board any ship or other vessel to proceed in any voyage, and under pay 
oned. (the same being made apjiear by his hand set to the master's book or 

other writing of such agreement), shall neglect his attendance and duty 
on board, and absent himself from his said service, uiDon complaint 
thereof made to any justice of the peace within the same county, such jus- 
tice is hereby impowi'cd to convent such mariner or seaman before liim, 



[1st Sess.] Province Laws. — 1693-4. 143 

and, upon conviction of his so absenting himself as aforesaid, to commit 
him to prison, that so he may be secured and forthcoming to proceed 
on the voyage he has so agreed to, and to be delivered by order of the 
justice that committed him, or some other justice in the same county. 
[^Passed JVbvembei' 30; published JDecember 9. 



CHAPTER 11. 



AN ADDITION TO THE ACT FOR ESTABLISHING OF JUDICATORIES AND 1692-3, chap. 33. 
COURTS OF JUSTICE WITHIN THIS PROVINCE. 

Whereas, by [the] said act, amongst other things therein contained, it DisaUowed by 
is enacted, that it shall be in the liberty of the party cast in any of the cii^oel^io""'^' 
inferiour courts to appeal, from the verdict and judgment given therein, leo'e. 
unto the next superiour court within or for the same county, the case ic94°5° dmpter 
there to be tryed to a final issue, or, by a new process, once and no ^^iPost. 
more to review the said case in the same court where it was first tryed, 
and, within the sjjace often days after judgment given upon such tryal 
by review, the party aggrieved may bring lais writ of error for a tryal 
of the said case at the next superiour court to be held within or for the 
same county, to receive a final issue and detemiination ; which said 
clause referring to reviews and writs of error, doth only extend to the 
courts established by said act, and no provision is thereby made for 
any tryals heretofore had in the county courts in the late distinct 
colonics now united within this province, which are now dissolved ; 
and tchereas, for want of due provision and remedy therein, great 
damage and injury may occur to some of their majesties' good subjects 
within this province, for i-edress whereof, and that no defect or want of 
justice may in any manner happen or be, — 

J5eit enacted br/ the (rovernoiir, Council and Hejiresentatives convened 
in General Assembly, and by the authority of the same, 

[Sect. 1.] That when any tryal, judgment, sentence or decree has Review of cases 
been had, given or made in any of the county courts within the late county^courts 
colonies of the Massachusetts or Plimouth, or province of Main, of within tiie late 
what nature, kind or quality soever, the same have been there tryed, ^°''^'^'^^- 
had, given or made, since the year of our Lord one thousand six hun- 
dred eighty and six, and no review or appeal thereupon heretofore had 
and prosecuted, it shall and may be in the liberty of either party 
(plantiff or defendant), agrieved, within the space of twelve months 
next after the date of this present act, and not afterwards, to bring his 
or their action of review to the inferiour court of common pleas to be 
held for the same county Avhere the action was first tryed ; and, after Appeal, 
judgment or sentence given upon such tryal by review, the party 
agrieved may appeal therefrom unto the next superiour court to be held 
within or for the same county, and the case there to receive a final 
issue and determination, any law, usage or custom to the contrary not- 
withstanding ; regard being had, in the tryal of the merit of any such 
case, to the laws then in force within the said colonies respectively. 

And forasmuch as the dayes and times appointed by the afore-recited 
act for [the'] holding of the court of quarter sessions of the ])eace, and 
inferiour court of pleas, within the county of SuiFolk, do fall inconve- 
niently to be attended, in respect of other publick occasions and concern- 
ments of the government, — 

JBe it therefore further enacted by the authority aforesaid, 

[Sect. 2.] That, from and after the end of the month of March Court of quar- 
next, the same be altered, and that the said court of quarter sessions, inferior^'com-t^ 



144 



Province Laws. — 1693-4. 



[Chap. 12.] 



for Suffolk to be 
held in the 
months of July, 
October, Janu- 
ary and April. 



Superior court 
of judicature, 
&c., to sit at 
Kittery. 



— and at 
Springfield. 



and infeiiour coiirt of common pleas, for the said county of Suffolk, be 
thenceforward held and kept at Boston on the first Tuesday in the 
month of July, October, January and April, yearly, for ever ; any law, 
usage or custom to the contrary notwithstanding. 
And be it further enacted by the authority aforesaid, 
[Sect. 3.] That there be a superiour court of judicature, court of 
assize and general goal delivery, held and kept at Kittery, within the 
county of York (late the province of Main), upon Wednesday, the week 
before the sitting of said court at Ipswich, Avithin the county of Essex, 
which is stated by law to be held upon the second Tuesday of May, 
yearly. 

Aiid be it further enacted by the authority aforesaid, 
[Sect. 4.] That there be a superiour court of judicature, court of 
assize and general goal delivery, held and kept at Springfield, within 
the county of Hampshire, upon the last Tuesday of June, yearly. 
IJPassed December 11, 1693 ; published December 12, 1693. 



CHAPTEK 12. 



Disallowed by 
the privy coun- 
cil, Dec. 10, 
1696. chap. 33, 
1692-3, § 14. 



Kepeal. 



Court of chan- 
cery. 



—to be held by 
three commis- 
sioners assisted 
with five mas- 
ters in chan- 
cery. 



AN ACT FOR A NEW ESTABLISHMENT AND REGULATION OF THE CHANCERY. 

"Whereas, by an act made and passed by this court in the year one 
thousand six hundred ninety-two, entituled " An Act for the establishing 
of judicatories and courts of justice within this province," amongst other 
things therein conteined, it is enacted, that there be a high court of 
chancery within this province, to be held and kept by the governour or 
such other as he shall appoint to be chancellor, assisted with eight or 
more of the council, at such times and places as the governour or 
chancellor for the time being shall from time to time appoint, with 
power and authority to hear and determin all matters of equity, &c,, as 
in and by the said act doth appear, which court so constituted is by 
experience found not agreeable with the circumstances of this province, 
in divers respects not then so well considered or foreseen, — 

Be it therefore declared and enacted by His Excelleticy the Governour, 
Council and Representatives in General Court assembled, and by the 
authority of the satne, 

[Sect. 1.] That the afore-recited section or paragraph in said act, 
and every clause thereof, so far as concerns or any wise relates unto the 
constitution of said court of chancery, be and hereby is repealed and made 
null and void to all intents and purposes as if the same had never been. 

And further it is enacted by the authority aforesaid, 

[Sect. 2.] That there be a high court of chancery within this 
province which shall have power and authority to hear and determin 
all matters of equity, of what nature, kind or quality soever, and all 
controversies, disputes and differences arising betwixt co-executors, 
and other matters proper and cogniscable for said court not relievable 
at common law, and not otherwise ; and to order subpoenas, attach- 
ments and other processes, and to make orders and decrees, interlocu- 
tory and definitive, and to award execution thereon. 

[Sect. 3.] Which said court of chancery shall be holden and kept 
in Boston by three commissioners (being freeholders within the 
province) whom the governour with the advice and consent _ of the 
council shall nominate and appoint for that service, assisted with five 
masters in chancery, to be nominated and appointed as aforesaid, unto 
whom references may be made, and afiidavits and recogniscances taken 
before them, and to make reports and to do what else is proper for 
masters in the chancery. 



[1st Sess.] Province Laws. — 1693-4. 145 

[Sect. 4.] And the said commissioners and masters in chanceiy, Commissioners 
before they enter upon the execution of their commission, shall be chfn™e1-y t"be 
sworn before the governour and council to the faithful discharge of sworn. 
their respective offices and trust, and to do right to poor and rich, 
according to the rules of equity and good conscience, in all matters that 
shall be brought before them, and therein to proceed without delay. 

[Sect. 5.] And the said court are hereby impowred to nominate To appoint 
and appoint a register and other officers proper and necessary, and to tJ^^"" officers, 
administer an oath unto them for the faithful discharge of their respec- 
tive offices and trust. 

[Sect. 6.] And all writts and processes issuing out of the said court Writs & pro- 
shall be under the seal of the province, and bear the test of the said three ^ndlrtheprov 
commissioners, and returnable in said court, which shall be alwayes open, mce seal, &c. 
and shall sit for the hearing and determining of cases four times in the ofTaid°courtV^^ 
year ; viz., on the second Tuesday of the months of April, July, October 
and January : 2^^ovicled, nevertheless, that either party not resting satis- Appeal, 
fyed in the definitive sentence, judgment or decree given in said court, 
in any personal action, and none other, where the matter in diffisrence 
doth exceed the value of three hundred pounds sterling, may appeal 
from such sentence, judgment or deci-ee unto their majesties in council; 
such ai^peal being made in time and security given according to the 
directions in their majesties' royal charter in that behalf, as is provided 
and enacted for judgments to be given, as aforesaid, in other of their 
majesties' courts of judicature within said province. 

Provided., cdso, any thing herein to the contrary contained notwith- Justices in 
standing, that the justices in any other of their majesties' courts of judi- catu Je to chan- 
cature where the forfeiture of any penal bond is found, shall and hereby cer forfeitures 
are impoAvred to chancer the same unto the just debt and damages. 

And all processes already made shall be valid, and cases depending Saving for cases 
in chancery shall be proceeded in and carried on to a final issue. ^^^^ ^' 

And be it further enacted by the authority aforesaid, 

[Sect. 7.] That the fees to be demanded and paid in said court Fees, 
shall be these following and none other ; viz., — 
For every subpoena, two shillings sixpence, 

Every injunction, six shillings, 

Every commission, ten shillings, ..... 
Every attachment, three shillings, ..... 
Attachment with proclamation, six shillings, 
Commission of rebellion, ten shillings, .... 
Sequestration of ,writt of error, ten shillings, 

Supersedeas, six shillings, 

Every decree, six shillings, 

Copies of bills, answers or other pleadings, according to 

the fees already stated, twelvepence per page, of the 

number of lines and words therein set down. 
Filing bills, answers, replications, rejoinders and surrejoin- 
ders, each, three shillings, 

Every order or rule of court in any case, one shilling, 
Every oath administred, one shilling, .... 

\_Passed December 5, 1693. 

" — whereas the Act cntituled an Act for the new Establishment and Regulation of the 
Chancery do's provide that either party not resting satisfyed with the judgment of the said 
Court in any personal action (and none other) where the matter in difference doth exceed the 
value of three liundred pounds sterling, may appeal unto your Majesty in Councill ; By which, 
reservation expressed in the words Nona otlia\ all appeals to j'our ^lajesty in reall actions are 
plainly excluded, notwithstanding that in j'our Majesty's Charter to that Province there is no 
such exclusion; We are therefore humbly of opinion that the said Act be also repealed." — 
Opinion of the, Lords of Trade to the Kinrj in council, Dec^r 10, 1696. 

19 



£0 2s 


.6d. 


6 





10 





3 





6 





10 





10 





6 





6 









3 





1 





1 



146 Province Laws.— 1693-4. [Chaps. 13, 14.] 

CHAPTER 13. 

AN ACT FOR A PRESENT SUPPLY OF THE TREASURY. 

Whereas, by report of the treasurer of the province, it has been 
made appear to this court that there is wanting a i:)resent supply of 
money for payment for provisions ah-eady taken up, and procuring 
further stores thereof, and cloathiug for furnishing of the souldiers 
imployed in their majesties' service, and support of the garrisons for 
defence of their subjects and interests, within this province, and for 
answering of the publick debts, and other payments allowed by this 
court, and by his excellency the governor, and council ; and vihereas 
there is need of building and fitting of a small vessel mounted with ten 
guns and a suitable number of oares, to cruise on this coast for the 
better securing of trade and navigation, — 

Be it enacted by the Governour, Council, and Representatims^ con- 
vened in General Court, and hy the authority of the same, 

That, for the ends aforesaid and no other, a certain number of the 
bills of publick credit of the late colony of the Massachusetts, to the 
sum of fifteen hundred pounds, and no more, be, by the present treas- 
urer, issued and paid out of the treasury according to the orders of the 
governour and council, five hundred pounds thereof forth^vith to be 
improved for the building and fitting of such a vessel as is aforesaid, as 
the governour and council shall give directions ; which number of bills, 
to the sum of fifteen hundred pounds as aforesaid, shall be signed by 
the treasurer of the province, at their giving out, in this manner: 
" James Tailor, treasurer of the province of the Massachusetts Bay ; " 
and shall pass out of and be returned into the treasury again at the 
sum or value therein expressed and set down, and no more ; the treas- 
urer to keep an exact accompt of the number and sum of each bill 
which he shall so sign and dehver out. And the province shall be and 
hereby is engaged to answer and make good the value or sum of all 
such bills so signed and given out as shall be in the hands of particular 
persons, in currant silver money of this province. [Passed December 11 ; 
published December 12. 



CHAPTER 14. 

AN ACT TO PREVENT DEFAULT OF APPEARANCE OF REPRESENTATIVES 
TO SERVE IN THE GENERAL ASSEMBLY. 

Whereas there has been a neglect in some sheriffs in observance of 
1692-3, chap. 36. their majesties' writt, to them directed, for the convening and holding 
of a great and general court or assembly, timely to issue forth their 
precepts, unto the several towns within their bailiwick or precinct, for 
the choosing of representatives to serve in the great and general court 
or assembly, and have also not taken due care to have returns of their 
said precepts ; and forasmuch as many persons elected for representa- 
tives, and having summons, are not careful to give their attendance 
accordingly, in due time, whereby the publick aSau-es for their majes- 
ties' service are prejudiced ; for remedy Avhereof, — 

Be it enacted by the Governour, Council, and Me2yresentatives, in 

General Court assembled, and by the authority of the same, it is ordained 

and enacted. 

Sheriffs to make [Sect. 1.] That every sheriff, upon receipt of their majesties' writt 

ceJKSii f'^i* ^'^ convening and holding of a great and general court or assembly, 



[1st Sess.] Province Laws. — 1693-4. 147 

shall forthwith make out his precepts, under his seal in form as by law days after re- 
is directed, vmto the selectmen of the several towns within his county, •'^'P* ^^ V*^"". 
and cause the same to be safely conveyed and delivered unto one or '' ^" ' 

more of such selectmen, within the space of seven dayes, at furthest, 
next after his receipt of such ^vi-itt as aforesaid ; and shall likewise take 
effectual care for having his precepts returned to him again from the 
said towns respectively, Avith what shall be done pursuant thereto, by 
the day therein prefixed, and cause the same to be brought in to the 
secretaric's office, as by Avritt he is commanded. 

[Sect. 2.] And the selectmen of each town, upon receipt of the Selectmen to 
sheriff's precept, shall cause the freeholders and other inhabitants of to be^a^ssembied 
said town, duely qualified as in the said jDrecept is mentioned, to be ^^"^ choice of 
assembled and meet at such time and place as the selectmen, or the tfves!^^'^ ^' 
major jjart of them, shall appoint, to elect and depute one or more 
representatives for such town, as by law they may, and shall cause the 
person or persons so elected and deputed by the major part of the 
electors present at such meeting, to be timely notified and summoned, 
by one or more of the constables of said town, to attend their majesties' 
service in the great and general court or assembly, upon the day and 
at the time and place appointed for holding of the same. And the 
selectmen, or the major part of them, shall make return of such elec- 
tion, under their hands, upon the said precejDt, or annexed thereto, in 
manner and foiin as by law is prescribed, and cause the same to be 
delivered unto the sheriff of the county at or before the day therein 
prefixed for return of the same, on jiain that every sheriff neglecting Penalty on 
his duty in any of the particulars before mentioned, shall forfeit and ngt^^j ofdutr 
pay the sum of fifty pounds. And every selectman or constable in any Penalty on 
town neglecting his duty in any of the particulars before mentioned, cons't^^ies*"^ 
shall incur the pain and forfeiture of five pounds. 

[Sect. 3.] And every sheriff shall be allowed for his trouble and Sheriflf's ailow- 
charge in sending out his precepts, forty shillings, to be paid out of the ^°*^*'' 
county treasury. And the selectmen to be paid by the town for the Selectmen's 
charge of returning their precept, for which shall be paid threepence ^'^°^^'i<'^- 
a mile. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That every person elected to serve a representative for Penalty for 
any town, in any great and general court or assembly, and being sum- tfve's^noif-' 
moned thereto, shall give his attendance at the said court on the first attendance the 
day api^ointed for the coiu-t's sitting (without reasonable and just excuse court. ^^^ 
for his absence being made and allowed of by the house of representa- 
tives), on pain of forfeiting the sum of forty shillings ; unless such per- 
son, being present at the election, shall declare unto the assembly his 
non-acceptance of the service, or, upon notice thereof given him, shall 
forthwith signify his non-acceptance imto the selectmen, by writing 
under his hand ; in which case the selectmen shall call the town together 
again to elect a new, that so they may enjoy their priviledge. 

[Sect. 5.] That not any town in this province shall chuse any rej)- Kepresenta- 
resentative unless such be a freeholder and resident in that town or i^mers^/res' 
tOAvns such are chosen to represent. idcnt. 

[Sect. 6.] And if any person, not duely qualified according to law. Penalty on per- 
shall i^resume to vote in the choice of representatives, one or more for be?ng *not q'ual- 
any town, or shall put in more than one vote for any one person in such ifled. 
choice, being thereof convicted, he shall forfeit and pay the sum of five 
pounds, one moiety thereof unto their majesties for and tow^ards the 
support of the government, and the other moiety to him or them that 
shall inform and sue for the same. 

[Sect. 7.] All persons shall put in their votes, unfolded, to the 
selectmen or constables appointed to receive the same. 



148 Province Laws.— 1693-4. [Chaps. 15, 16.] 

Voters ques- [Sect. 8.] And that where any person offering to give in his votes 

tioned to make for representatives, in any town, shall be questioned by the selectmen of 
the said town as to his being capable, by charter, to vote, the said person 
or persons giving his or their oath that they are bona fide worth forty* 
pounds sterling, or an estate of freehold to the value of forty shillings 
j)er annum, before a justice of the peace, or, in the absence of a justice 
of the peace, before the town clerk, who is hereby impowred to admin- 
ister the same, he or they shall be accounted capable of voting, and put 
in his or their votes accordingly. 
Fines and for- [Sect. 9.] All fines and forfeitures arising for breach of this act, or 
b ^^i^Doseir *° ^^y branch thereof, and not otherwise therein before disposed of, shall 
be unto their majesties, for and towards the support of the government, 
and be recovered by action, bill, plaint or information in any of their 
majesties' courts of record. [Passed November 28 ; published Decem- 
ber 12. 



CHAPTER 15. 



AN ACT FOR ADJOURNING OF THE SUPERIOUR COURT OF JUDICATURE, 
&c., FOR THE COUNTY OF ESSEX. 

Whereas Tuesday next, the fourteenth of this present month of 
November, is the stated time by the law for holding of the superiour 
court of judicature, court of assize and general goale delivery at Salem, 
for the county of Essex, and the publick occasions for their maj"®^ 
service necessarily requiring the attendance of y* justices of said court 
at the general assembly now sitting, — 

J?e it therefore declared and enacted by Sis Excellency the Govern- 
owr. Council and Bejyresentatives in General Court assembled, and by 
the authority of the same, 

That the s"* superiour court of judicature, court of assize and gen- 
eral goale dehvery for the said county of Essex be adjourned, and it is 
hereby adjourned unto Tuesday, the twelfth of December next comeing; 
and all original processes, appeales, recognizeances and other sum- 
monses served to said court shall be held, deemed and judged as 
effectual to all intents in law, as if the s** court had sat and been 
holden on the day above prefixed and limited by law. [Passed 
November 10, 1693. 



CHAPTER 16. 



A BILL APPOINTING OF THURSDAY, THE 21st OF DECEMBER NEXT, TO BE 
CELEBRATED AS A DAY OF PUBLICK THANKSGIVING THROUGHOUT THE 
PROVINCE. 

Was read, voted and passed in the words following : — 
Upon consideration of the high obUgations laid upon this people to 
recognize the signal publick mercies received from Heaven, in the sum- 
mer past, especially in so sensible a providence as the preservation of 
His Majesty from those many dangers to which he has lately exposed 
his royal person for the sake of the Px'otestant religion and interest, 
and the success of his arms, the stop given to the spreading of mortal 
sicknesses, and good measure of health restored to this province, the 

* See acts of 1698, chap. 4, post, and note. 



[1st Sess.] Province Laws.— 1693-4. 149 

favourable harvest after awfull threatenings by sore drought, the late 
submission made by the Indian enemy, and respite given from annoy- 
ance by them, with much other preventing goodness, — 

This court thought fit to appoint, as they do hereby order and appoint, 
Thursday, the twenty-first of December next, to be celebrated as a day 
of Thanksgiving throughout this province ; forbiding all servile labour 
upon the same, and do excite both ministers and people in the several 
churches and congregations to ofier up most humble and hearty praises 
unto almighty God for these and all other unmerited favours. 

WiLLAM Phips. 

Tuesday^ November 14, 1693. 



\ 



«, 



150 Province Laws.— 1693-4. [Chap. 17.] 

ACTS 

Passed at the Session begun and held at Boston, 
ON the Fourteenth day of February, A.D. 1693-4. 



CHAPTER 17. 

AN ACT FOR THE BETTER RULE AND GOVERNMENT OF THE INDIANS IN 
THEIR SEVERAL PLACES AND PLANTATIONS. 

To THE intent that the Indians may be forwarded in civility and 
Christianity, and that drunkenness and other vices be the more eiFectu- 
ally suppressed amongst them, — 

£e it enacted and ordained by the Governour, Council and liepre- 

sentatives in General Court assembled, and it is enacted by the authority 

of the same. 

Commissioners [Sect. 1.] That his excellency the governonr, by and with the 

to be appointed advice and consent of the council, may, and is hereby impowred to 

in several parts . , -, . . ^ ' •'Z. , '' .^ . , 

to have the appomt and commissionate one or more discreet persons withm several 
careand^^*^^^'^'^ Jjarts of this province, to have the inspection and more particular care 
government of and government of the Indians in their respective j^lantations ; and to 
the Indians. Jiave, use and exercise the power of a justice of the peace over them 
in all matters civil and criminal, as well for the hearing and determin- 
ing of pleas betwixt party and party, and to award execution thereon, 
as for the examining, hearing and punishing of criminal oiFences, 
according to the acts and laws of the province, so far as the power of 
a justice of peace does extend ; as also to nominate and appoint con- 
stables and other proper and necessary officers amongst them. 
Aiid be it further enacted by the authority aforesaid, 
Penalty for sell- [Sect. 2.] That no person or persons, Avhomsevei", shall, directly or 
ing strong indirectly, sell, truck, barter or give to any Indian, any strong beer, ale, 
cyder, perry, wine, rhum, brandy or other strong liquors, by what name 
or names soever called or known, on pain of forfeiting the sum of forty 
shillings for every pint, and proportionably for any greater or lesser 
quantity, so sold, truckt, bartered, given or delivered to any Indian, 
directly or indirectly, as aforesaid, upon conviction thereof before a 
justice of the peace, where the penalty does not exceed forty shillings ; 
and if it exceed that sum, at the sessions of the peace to be holden for 
the same county where the offence is committed : one moiety of all 
such forfeitures to be unto their majesties, for and towards the su23port 
of the government, and the other moiety to him or them that shall 
inform and prosecute the same by bill, plaint or information. And if 
the offender be unable or shall not forthwith pay and satisfy the said 
penalty or forfeiture, then to be committed to the goal of the county, 
there to remain until he pay and satisfy the same, or suffer two months' 
imprisonment : provided, this act shall not be intended or extend to 
restrain any act of charity for relieving any Indian, bona fide, in any 
sudden exigent of faintness or sickness, not to exceed one or two drams, 
or by prescription of some physician, in writing, or by the allowance 
of a justice of peace. 



[2d Sess.] Province Laws.— 1693-4. 151 

And, for the better discovery of such ill disposed persons who, 
through greediness of filtliy lucre, shall privately sell or deliver strong 
liquors or other strong drink to any Indian or Indians (of which it is 
difficult to obtain positive evidence other than the accusation of such 
Indian or Indians), and to the intent that murders and other outrages 
frequently occasioned thereby may be prevented, — 

It is ordained and enacted^ 

[Sect. 3.] That the accusation and affirmation of any Indian, with Indian accusa- 
other concurring circumstances amounting to an high presumption in cuning^circum- 
the discretion of the court or justices who have cognizance of the case, stances, to 
(the accuser and accused being brought face to face at the time of conviction, un- 
tryal), shall be accounted and held to be a legal conviction of the per- ^*^®^' ^•^• 
son so accused of giving, selling or delivering wine, rhum or any other 
strong drink or liquors to such Indian ; unless the party accused shall 
acquit him- or herself thereof upon oath, which the court or justice re- 
spectively are hereby irapowred to require and administer unto the 
person accused, in form following ; that is to say, 

You, A. B., do swear, that neither yourself, nor any other by your order, gen- Form of the 
era! or particular, assent, isrivity, knowledge or allowance, directly or indirectly, oath, 
did give, sell or deliver any wine, cyder, rhum, or other strong liquors or drink, 
by Avhat name or names soever called or known, unto the Indian by whom and 
whereof you are now accused. So help you God. 

And further it is enacted^ 

[Sect. 4.] That it shall and may be lawful to and for any person or strong drink 
persons to seize any wine, strong liquors or cyder, which he or they dia^ to be ^"' 
may find in the custody of any Indian, not obtained by allowance as seized, 
aforesaid (other than cyder made of fruit of their own growth), and to 
deliver the same unto the constable, or one or more of the selectmen 
of the town w^here the same shall be seized, to and for the use of the 
poor of such town, and to apprehend such Indian, and to cause him or 
her to be conveyed before the next justice of the peace, to be examined 
where and of whom they had such strong drink. And every Indian penalty for in- 
convicted of drunkenness shall forfeit and pay, unto the use of the poor *^j.^"^ convicted 
of the town or place where such oifence is committed, the sum of five 
shillings, or else be ojjeuly whipped by the constable of such town or 
place, or some other that he shall procure, not exceeding ten lashes, as 
the justice of peace before whom such conviction is, shall determine. 
Passed February 24, 1693-4 ; puUished March 3, 1693-4. 



CHAPTER 18. 

AN ACT FOR THE RELIEF OF IDEOTS AND DISTRACTED PERSONS. 

Be it enacted by the Governour, Council and Mepresentatives in Gen- 
eral Court assembled^ and by the autJiority of the same, 

[Sect. 1.] That when and so often as it shall happen any person to selectmen or 
be naturally wanting of understanding, so as to be uncapable to provide overseers of the 
for him- or herself, or by the providence of God shall fall into distrac- Eecessary'pro- 
tion and become 7ion cmnpos mentis, and no relations appear that will reu^^ rdf't^ 
undertake the care of jjroviding for them, or that stand in so near a and distracted 
degree as that by law they may be compelled thereto, in every such P^^'^*^"®- 
case the selectmen or overseers of the poor of the town or joeculiar 
where such person was born or is by law an inhabitant, be and hereby 
are empowred and enjoyned to take efiectual care and make necessary 
provision for the relief, support and safety of such impotent or dis- 



152 Province Laws. — 1693-4. [Chap. 19.] 

traded person, at the charge of the town or place whereto he or she 
of rio-ht belongs, if the party has not estate of his or her own the 
incomes whereof may be sufficient to defray the same. 
Court of quarter [Sect. 2.] And the justices of the peace within the same county, at 
sessions to or- ^jjgjj. general sessions, may order and dispose the estate of such impotent 
orsuchper'lo'ns or distracted person, to the best improvement and advantage, towards 
ment°'^'^°^*' his or her support ; as also the person, to any proper work or service he 
or she may be capable to be imployed in, at the discretion of the select- 
men or overseers of the poor. 
The justices of [Sect. 3.] And where the estate of any such person consists of 
the superior bouscinf or land, in eveiT such case the iustices of the superiour court 

court to license X . -,. ^ i- ,• ^ ^i i i i, i 

the sale of of judicature, upon application to them made, may and hereby are 

ikn"dof°(Ss°tract- impowrcd to licence and authorize the selectmen or overseers of the 

ed persons, in town or place wliereto such person belongs, or such others as the said 

case,- justices shall think fit, to make sale of such houseing or land, the 

produce thereof, npon sale, to be secured, improved and imployed to and 

for the use, relief and safety of such impotent or distracted person (as 

the said justices shall direct), [as] [so] long as such person shall live, or 

until he or she be restored to be of sound mind ; and the overplus (if 

any be), to and for the use of the next and ri^ht heires of such party. 

[Sect, 4.] And the like power and authority is hereby granted nnto 
the justices of the superiour court, with reference to any person or per- 
sons now under distraction or non compos mentis^ as well for the satis- 
fying of the charges already past as for what may be future, for the 
support, rehef and safety of any such person. {Passed February 24, 
1693-4 ; published March 3, 1693-4. 



CHAPTER 19 



AN ACT TO RESTRAIN THE EXPORTATION OF RAW HIDES AND SKINS OUT 
OF THE PROVINCE OF THE MASSACHUSETTS BAY, AND FOR THE BETTER 
PRESERVATION AND INCREASE OF DEER IN THE SAID PROVINCE. 

Disallowed by Whereas the exportation of raw hides and skins out of this province 
the privy coun- jj^^-q Holland and divers other places hath been found to be very much 
mF.^'^' ^^' to the prejudice of this province ; for redress whereof, — 

Be it enacted hj the Governour^ Council and Representatives in Gen- 
eral Court assembled^ and by the authority of the same^ 
Rawhides or [Sect. 1.] That, from and after the first day of July now next ensu- 

skins about to \^„^ ^lo person or persons, whatsoever, shall carry, convey or transport 
to brfoSed.' oul, of this province, or ship or load on board any vessel, whatsoever, 
with intent to carry, convey or transport out of this provmce the skins 
or hides, untannecl or undressed, of any ox, steer, bull, cow, heifer or 
calfe, or of any buck, doe or fawn, under the penalty of the forfeiture 
and loss of aU such raw hides and skins as shall be so transported, or 
loaden with intent to be transported, as aforesaid, the one moiety thereof 
to their majesties, to be imployed towards the support of the govern- 
ment of this their majesties' province, and the other moiety to him or 
them that shall seize or shall inform and sue for the same, in any court 
of record within this province, by bill, plaint or infonnation, wherein 
no essoyn, protection or wager of law shall be allowed. 

Provided, alwayes, and be it enacted by the authority aforesaid, 
Hides or skins [Sect. 2.] That it shall and may be lawful for any person or per- 
imported^ may g^j^g^ whatsoever, to ship, load, or transport out of this province any hides 
oatifEeLg first or skuis which have been imported into this province from any other 
made. province or place, whatsoever, upon oath first made before the naval 



[2d Sess.] Peovince Laws.— 1693-4. 153 

officer that the said hides or skins were imported into this province from 
some other province or place. 

And xohereas the killing of deer at unseasonable times of the year 
hath been found very much to the prejudice of this province, great num- 
bers thereof having been hunted and destroyed in deep snows when 
they are very poor, and bigg with young, the flesh and skins of very 
little value, and the increase thereof greatly hindred, — 

Be it therefore enacted by the authority aforesaid, 

[Sect. 3.] That if any person or persons, whatsoever, within this No deer to be 
province, from and after the first day of January, one thousand six hun- fll.st of January 
dred ninety and four, till the first day of July, one thousand six hundred to the first of 
ninety and five, and so, from the first day of January to the first day of " ^' 
July following, annually, forever hereafter, shall, any wayes whatsoever, 
kill any buck, doe or fawn, such person or persons shall forfeit the sum 
of forty ehilUngs for the first offence, three j)ounds for the second 
offence, and five pounds for the third offence, and so for every offence 
after ; one moiety thereof [t«i]to their majesties, to be imployed towards 
the support of the government of this their majesties' province, and the 
other moiety to him or them that shall inform and sue for the same in 
any court of record. 

[Sect. 4.] And if any person or persons, offending as aforesaid, shall Persons not 
not have wherewithal to pay their fines, they shall, for the first offence, ^^ ^^ "iVs&t 
work twenty dayes, for the second, thirty, and for the third offence, fifty on work, 
dayes, as shall be directed by the justices before whom the cause shall 
be heard and deteraiined, to be imployed for the uses before mentioned. 

[Sect. 5.] And if any venison, skin or skins of any buck, doe or 
fawn, newly killed, shall, at any time in any of the aforesaid months 
wherein they are by this act prohibited to be killed, be found with or 
in possession of any person or persons, whatsoever, such person or per- 
sons shall be held and accounted in the law, to be guilty of killing deer 
contrary to the intent of this act, as fully as if it were proved against 
such person or persons by suflScient witness, viva voce, except such per- 
son or persons do bring forth and make proof who was the person or 
who were the persons that killed the same. 

Provided, also, and it is hereby enacted, 

[Sect. 6.] That any person or persons, whatsoever, who shall keep 
or breed any deer, tame, or in any parke or island, it shall and may be 
lawful for [any'] such person or persons, at any time, to kill any buck, 
doe or fawn, so kept or bred, and also any pereon or persons, whatsoever, 
to the eastward of Piscataqua River, have free liberty of hunting as for- 
merly, any thing in this act to the contrary notwithstanding. \_Passed 
February 28, 1693-4 ; published March 3, 1693-4. 

" But as to the other of y« said Acts for restraining the exportation of raw hides and skins, 
&c., the said Coraodityes being not enumerated in any of y Laws of England for regulating 
and securing the Plantation Trade, are not properly under our cognizance ; j'et for anything 
before us we see not but it may be a Beneficiall Act for the Countrjr and fit to be approved of, 
if it shall so seem meet to his Ma'^." — Report of the Lords Commissioners of the Treasury to the 
Privy Council, Dec. 17, 1695. 

20 



154 



Province Laws. — 1693-4. 



[Chap. 20.] 



CHAPTER 20. 

AN ACT OF SUPPLEMENT AND ADDITION TO SEVERAL ACTS AND LAWS OF 

THIS PROVINCE. 



Disallowed by 
the privy coun- 
cil, Dec. 10, 
1C96. 

See note to Acts 
of 1694-5, cliap. 
18, post. 

1692-3, chap. 20. 

Innholders,&c., 
to be provided 
for tbe enter- 
tainment of 
travellers, &c., 
& their horses. 



Kot to give en- 
tertainment to 
servants, &c. 



Nor to suffer 
inhabitants to 
sit drinking or 
tippling. 



No person 
licensed may 
suffer drunken- 
ness or enter- 
tain guests on 
the Lord's Day. 



Fines, &c., how 
to be disposed. 



One justice to 
hear and deter- 
mine the of- 
fences afore- 
mentioned. 



All persons 
taking license 
to become 
bound. 



JBe it enacted by the Governour., Council and Representatives in Geti- 
eral Court assanhled, and hy the authority of the same it is ordained 
and enacted., 

In addition to the act entitnled "An Act for the suppressing of 
unlicensed liouses, and the due regulation of such as are or shall 
be licensed," — 

[Sect. 1.] That all innholders, taverners, and common victuallers 
shall, at all times, be furnished with suitable i^rovisions and lodging for 
the refreshment and entertainment of strangers and travellers, pasturing, 
stable room, hay and provender for horses, on pain of being deprived of 
their licence ; and no such licensed person shall sell oates for more than 
one penny the quart. 

[Sect. 2.] And that no person who is or shall be licensed to be an 
inholder, taverner, common victualler, or retailer, shall suffer any 
apprentice, servant, or negro to sit drinking in his or her house, or to 
have any manner of drink there, otherwise than by special order or 
allowance of their respective masters, on pain of forfeiting the sum of 
ten shillings for every such offence. 

[Sect. 3.] Nor shall any such licensed person suffer any inhabitant 
of such town where he dwells, or coming thither from any other town, 
to sit drinking or tipling in his or her house, or any of the dependences 
thereof, or to continue there above the space of one hour (other than 
travellers, persons upon business or extraordinary occasions), on the like 
penalty of ten shillings for every offence. 

[Sect. 4.] And every person, as aforesaid, who, contrary to this act, 
shall continue in any such house, tipling or drinking or otherwise mis- 
ordering him- or herself, or above the space of one hour (other than as 
aforesaid), shall forfeit and pay the sum of three shillings and fourpence, 
or be set in the stocks not exceeding four hours' time. 

[Sect. 5.] That no person Ucensed as aforesaid shall suffer any 
person to drink to drunkenness or excess in his or her house, nor shall 
suffer any person, as his or her guest, to be and remain in such house, or 
any the dependences thereof, on the Lord's day (other than strangers, 
travellers, or such as come thither for necessary refreshment), on pain 
of forfeiting the sum of five shillings for every offence in that kind. 

[Sect. 6.] All fines and forfeitures arising for any of the offences 
before mentioned, shall be one moiety thereof to the use of the poor of 
the town where the offence is committed, and the other moiety to him 
or them that shall inform and prosecute the same, except where such 
offences are presented by a grand jury ; in such case, the whole forfeit- 
ure to be to the use of the town. 

[Sect. 7.] And every justice of the peace, within his precincts, is 
hereby impowred to hear and determin concerning any of the offences 
aforesaid, and to restrain and commit the offender to prison, until he 
pay and satisfy the penalty or forfeiture, or otherwise, by warrant, cause 
the same to be levied by distress and sale of the offender's goods. 

And further it is enacted., 

[Sect. 8.] That, before any person shall receive licence to be an 
innholder, common victualler, taverner, or retailer, every such person 
shall become bound, by recogniscance, to their majesties, in the sum of 
ten pounds, the principal, and two sureties in five pounds apiece, before 
one or more of the justices of the quarter sessions, on condition follow- 
ing ; that is to say, — 



[2d Sess.] Province Laws. — 1693-4. 155 

The condition of this recogniscance is such, that, whereas the above-bounden p^^j^ q^ .jj„ 
A. B. is admitted and allowed by the justices in quartei- sessions to keep a common recoguizance 
inn, ale-house, or victualling-house, and to use common selling of wine, beer, ale, 
cyder, &c., or to retail wine and strong liquors, out of dores, for the space of one 
whole year next ensuing, and no longer, in the now dwelling-house of the said 
A. B., in commonly known by the sign of 

and no other. If, therefore, the said A. B., during the time aforesaid, shall not 
permit, suffer, or have any playing at dice, cards, tables, quoits, loggets, bowles, 
shuffle-board, nine-pins, billiards, or any other unlawful game or games in his or 
her house, yard, garden, backside, or any of the dependences thereof, nor shall 
suffer to be or remain, in his or her house, any person or pei'sons, not being of his 
or her ordinary household or family, on the Lord's day, or any part thereof, 
contrary to law ; nor shall sell any wine, liquors, or other strong drink, to any 
apprentices, servants, Indians or negros ; nor shall suffer any person or persons to 
be there tipling, drinking, or continue there after nine of the clock In the night 
time, or otherwise, contrary to laAv ; and in his or her said house shall and do use, 
maintain and uphold good order and rule, and do endeavour the due observance 
of the laws made for regulation of such houses ; then this present recogniscance 
to be void ; or, else, to stand and abide In full force and virtue. 

For which recogniscance, the party to whom such licence is granted Fee. 
shall pay two shillings, to be divided betwixt the justice and the clerk. 

[Sect. 9.] And for the better inspection of hcensed houses, and the Tytiiingmen, 
discovery of such persons as shall presume to sell without licence, the duty.^°^^'^ * 
selectmen in each town, respectively, shall take due care that tything- 
men be annually chosen at the general meeting for choice of town offi- 
cers, as is by law provided, who shall have power, and whose duty it 
shall be carefully to inspect all licensed houses, and to inform of all 
disorders or misdemeanours which they shall discover or know to be 
committed in them or any of them, to a justice of the peace, or the 
sessions of the peace, w^ithin the same comity ; as, also, such as shall sell 
by retail, without licence, and other disorders or misdemeanours com- 
mitted in any such house ; and, in like manner, to present or inform of 
all idle and disorderly persons, prophane cursers or swearers. Sabbath- 
breakers and the like oftenders ; to the intent such oifences and misde- 
meanors may be duely punished and discouraged. Eveiy of which 
tythingmen shall be sworn before a justice of the peace, or at the ses- 
sions of the peace, to the faithful discharge of his office, in manner 
following ; that is to say, — 

You, A. B., being chosen a tythlngman within the town of C, for one year next Oath, 
ensuing, and until another be chosen and sworn In your stead, do swear that you 
will faithfully endeavour and Intend the duty of your office, according to law. 
So help you God. 

[Sect. 10.] Which tything-men shall have a black staff, of two foot staff, 
long, tip't at one end with brass about three inches, as a badge of their 
office. 

[Sect. 11.] And if any person, being duely chosen to the said office. Penalty for not 
shall refuse to take his oath, or serve therein, he shall forfeit and pay serving, 
the sum of forty shillings, to the use of the poor of the town wdiereto 
he belongs, upon conviction of such refusal before the justice of the 
peace, or sessions of the peace, where he is summoned to be sworn ; 
certificate being produced under the hand of the town clerk that such 
person was legally chosen to that office. And the said forfeiture to be 
levied by distress and sale of such person's goods, by warrant from a 
justice of [?Ae] peace, or sessions of the peace, resj)ecti\'ely, and deliv- 
ered to the town treasurer, or overseers of the poor, for the use aforesaid. 

[Sect. 12.] And all tythingmen that shall inform and prosecute for Tythingmen 
the breach of any penal act shall have the benefit of such part of the ?^°^^/*^® 

n n • Til ^ • c K 1 ^^ benefit 01 Ul- 

loiieiture as docs by law accrue to the miormer. And all persons pros- formers, 
ecuted for breach of the act relating to excise and retailers without 
licence, the penalty whereof for one offence exceeds not forty shillings, 



156 



Province Laws. — 1693-4. 



[Chap. 20.] 



Clerk of the 
peace to put 
m suit recog- 
nizances where 
default is made. 



1692-3, chap. 18. 



Laws of Eng- 
land to be 
attended in 
removing 
forcible entry, 
&c. 



Penalty for 
cutting or 
carrying of 
•wood or timber 
from another 
person's land. 



Penalty for 
receiving or 
buying of 
negroes, &c. 



1693-4, chap. 8. 



Constables, 
&c., power 
about the 
arrears of 
public rates. 



besides charges, may be convicted by two single evidences, upon oath ; 
though but one to one breach of said act, and both the breaches be 
within one month : the person accused or complained of not plainly and 
positively denying the fact. 

AndfurtJier it is enacted, 

[Sect. 13.] That the clerks of the peace, respectively, in each county, 
by direction of the court, shall, by writt of scire facias, put in suit all 
such recognizeances as shall be taken in court, or before any justice of 
the peace for such county, whereof default is made in not perfonning 
the condition of the same ; and upon execution awarded, the sheriff of 
the county is to levy the same, and to account for the moneys or estate 
received thereon, as by law he is obliged. 

And, in addition to the act entituled " An Act for the punishing of 
criminal offenders," — 

It is declared and enacted by the authority aforesaid, 

[Sect. 14.] That every justice of the peace, according to the power 
given him, by the said act, for the inquiry and removing of forcible 
entrys and detainer, do therein proceed according to the rules and 
methods in such case provided by the laws of England. 

And, for the preventing of trespasses, by ill disposed persons coming 
upon other men's lands, and cutting and carrying away the wood and 
timber thereof, to the great hurt and damage of the owner, — 

It is enacted by the authority aforesaid, 

[Sect. 15.] That if any person or persons, hereafter, shall cut or 
carry off any manner of wood or timber from another person or persons' 
land, or the commons of an other town than which he doth belong 
to, without the leave or licence of the owner or owners of the land 
where such wood or timber shall be fallen, cut down, or carried off, 
every person so offending shall forfeit the sum of twenty shillings for 
every tree above one foot over, and ten shillings for every tree under 
that bigness ; to be recovered by due process of law. And if any per- 
son shall be convict of such offence the second time, besides the above 
damage to the party, shall forfeit and pay to the use of the poor of such 
town where the offence is committed, the sum of twenty shillings, or 
suffer one month's imprisonment. And every justice of the peace 
within the county is hereby impowred to hear and determin all offences 
against this act, where the forfeiture does not exceed forty shillings. 

And be it further enacted by the authority aforesaid, 

[Sect. 16.] That if any person or persons shall presume, either 
openly or privately, to receive, or buy, of or from any Indian servant, or 
negro or molatto servant, or slave, any goods, wares, merchandizes or 
provisions, and it appear such goods, wares, merchandizes or provisions 
to have been stol'n, every person and persons convicted of receiving or 
buying such stol'n goods, wares, merchandizes or provisions, or any 
part or parcel thereof, shall restore the same in specie, if not altered, and 
the value thereof, over and above, unto the party injured ; or double the 
value, where the goods or provisions so stol'n are made away. And 
such Indian, negro or molatto servant, or slave, shall be openly whipped, 
not exceeding twenty lashes. 

And, in addition to the act entituled " An Act for enabhng the treas- 
urer to call in the an-ears of publick rates, and discharging of pubUck 
debts,"— 

It is further enacted, 

[Sect. 17.] That the selectmen, constables and collectors, in the 
several towns and places within this province, be and hereby are fully 
impowred and authorized to take and use the same methods and direc- 
tions, in all respects, for the collecting of the an-ears of all former rates 
or assessments, by making of distress, or granting a warrant of commit- 
ment, in case no distress can be found, as is provided and dh-ectcd by 



[2d Sess.] Province Laws.— 1693-4. 157 

the act entitulecl " An act for regulating the former assessment, and for leos-s, chap. 41. 
granting an additional supply of money." 

[And,'] in addition to the act entitled "An Act for regulating of 1692-3, chap. 28. 
townships, choice of toAvn officers, and setting forth their power," — 

It is further enacted by the authority aforesaid^ 

[Sect. 18.] That there be annually chosen in each town, at the time Town treasurer 
and in the same manner as other town officers, a suitable person for se^&*iii*^ ^^°' 
town treasurer, who shall have power to demand and receive all debts power, 
and dues belonging or owing to such to^vn or the poor thereof, and to 
sue for and recover the same by due pi-ocess of law ; and shall pay 
out such moneys according to order from the selectmen or overseers of 
the poor, as they shall receive instructions from the town ; and such 
treasurer shall make a true account to the town of all his receipts and 
papneuts, annually, when required. Every such treasurer to be sworn, to be under 
before a justice of the peace, to the faithful discharge of his trust, and o^^h. 
shall have such allowance for his service, as the town shall agree to. 

In addition to the act entituled "An Act for establishing of judica- 1692-3, chap. 33. 
tories and courts of justice within this province," it appearing that 
the time stated by law for [the'] holding of the superiour court of judi- 
cature, court of assize and general goal delivery, in some counties, doth 
fall inconvenient in respect of the season of the year, and otherwise, — 

It is therefore ordained and enacted by the authority aforesaid, 

[Sect. 19.] That the superiour court of judicature, court of assize The time for 
and general goal delivery for the county of Essex, to be holden at supe°for^court 
Ipswich, be henceforth holden upon the third Tuesday in May, annually; &c., at Ipswich, 
and for the county of York, at Kittery, upon Thursday in the week mouth^a^^^" 
immediately preceding the sitting of said court at Ipswich : for the Bristol, 
counties of Plymouth, Barnstable and Bristol, to be holden at Ply- 
mouth upon the second Tuesday in March, annually, and at Bristol upon 
the second Tuesday in September, annually. 

And it is further enacted, 

[Sect. 20.] That the superiour court of judicature, court of assize superior court 
and general goal delivery for the county of Middlesex, be, henceforth, fe^x' to"^b^ held* 
holden and kept at Cambridge, the shire town, upon the last Tuesday at Cambridge, 
in July, and on the last Tuesday in January, annually, any law, usage or 
custom to the contrary notwithstanding. 

And for the better preventing of fraud in cord wood, — 

It is further enacted by the authority aforesaid, 

[Sect. 21.] That all cord wood brought into any town and exposed Measure of 
to sale, shall be four foot long, one with another, and, when corded up, cord wood, 
shall measure eight foot in length and four foot in height. And all fire 
wood (except faggots), brought in carts, shall be sold after the same 
rate as wood is sold for, by the cord, in proportion. And if it hold not 
out such part of a cord as it is sold for, it shall be forfeited ; one-half 
thereof to the party injured, who shall inform and prosecute for the 
same before a justice of the peace within the same county, and the 
other half to the use of the poor of the tow^n where it is exposed to 
sale. [Passed March 2, 1693-4 ; published March 3, 1693-4. 



158 Province Laws.— 1693-4. [Chaps. 21, 22.] 



CHAPTER 21. 

AN ACT FOR ADJOUENING THE SUPERIOUR COURT OF JUDICATURE, &c., 

AT PLIMOUTH. 

Whereas Tuesday, the twenty-seventh of February currant, is 
the clay stated by law for holding of the superiour court of judicature, 
assize and general goal delivery at Plimouth, for the counties of Pli- 
mouth, Barnstable and Bristol, and forasmuch as the present session of 
this gi-eat and general court is not likely to be ended before that time, — 

JBe it therefore enacted by His Excellency the Governoxir, Council 
and Rex)resentati'V)e& in General Court assen%bled, and by the authority 
of the same, 

That the next superiour court of judicature, assize and general goale 
delivery, to be holden at Plimouth on the day aforesaid, be and hereby 
is adjourned unto Tuesday, the thirteenth of March next, at nine of the 
clock in the forenoon of the same day. And all writts, processes and 
summonses served to said court, shall be held, deemed and adjudged to 
be as good and effectual in law, to all intents and purposes, as if the 
said court had been holden and kept upon the day in the stated course 
thereof by law. \_Passed February 15, 1693-4. 



CHAPTER 22. 



AN ACT FOR REPAIRING AND MAINTAINING OF THE BRIDGE OVER 
CHARLES RIVER, NEAR CAMBRIDGE. 

Whereas the bridge over Charles River, in the bounds of Cam- 
bridge, within the county of Middlesex, is of common use and advan- 
tage to the greatest part of this province, considering the publick use 
of the colledge, and was at first by a general contribution of the 
counties of Suffolk and Middlesex erected, the said bridge being now 
gone to decay and in part fal'n down, and forasmuch as the town of 
Cambridge are not able to rebuild and maintain the same, and for 
incouragment to the repaires of said bridge, — 

Be it enacted by the Governour, Council and Representatives in Gen- 
eral Court assen%bled, and by the authority of the same, 

That there shall be paid out of the publick treasury of this province 
to the town of Cambridge, the sum of one hundred and fifty pounds 
money. And the s"^ town of Cambridge is hereby ordered and 
impowred forthwith to provide, for and at their own cost and charge, 
with the s"^ one hundred and fifty pounds (the s"" town supplying what 
is over and above necessary), to erect, repair and sufiiciently build the 
said bridge ; and also are hereby obliged to keep and maintain the said 
bridge in sufficient repair, from time to time, at their own cost and 
charge, for and during the space and terme of twenty yeares next 
comeing ; any law, usage or custom to the contrary notwithstanding : 
provided, this act shall not be understood to discharge Newton (late a 
pecuUar of Cambridge), from any agreement or obligation whereby the 
said tovnx of Newton may be chai-ged towards the repairs of said 
bridge. \JPassed and published March 3, 1693-4. 



[2d Sess.] Peovince Laws. — 1693-4. I59 

Notes.— Of the foregoing acts, chapters 15, IG, 21 and 22 were never printed. All of the acts 
of this year were engrossed and are preserved, in MS., except chapter IG, which is here taken 
from the records of the Governor and Council. 

The reasons for the disallowance of chapters 11 and 20, will be found in the note at the end of 
chap. 18, of the acts of 1694-5, j^osL 

Chap. 13, appears to have been enacted in accordance with a plan previously resolved upon 
by the Governor and Council: "March 7'" 1692[-3,] Resolved, That a Suitable Vessell be 
taken up and Equipped for their IVIajostys' Service, to Cruise in and about Martha's Vineyard 
Sound, for the Securing of Coastiiii,^ Vrssclls, until such time as their Majestys' Frigats can be 
fitted out; his Excellency proposing that She be mann'd and furnished by the Captains of the 
men of Warr." — Ilecorcis of the Gocernor and Council, vol VI., p. 42. 

The ostensible pui-pose of this act was the protection of commerce ; but, see the letter of Gov. 
Phips, to Gov. Fletcher of New York, in Documentary Hist, of N. Y., vol. IV., pp. 5, 6. 

The following extract shows the interest felt by theBoard of Trade in the execution of this 
enterprise: — " Amongst the acts which His Majesty hath approved, we observe one, in Fol. 45, 
about the fitting out a vessel to cruize upon that coast, which, being a thing of very great use, 
we desire to heare from you how it is continued in practice, and with what success." — Letter 
from the Lords of Trade, cfc, Jan. 20, 1G96-7. 

Chap. 14. Sect. 5. " This provision is generally looked upon as a privilege, and a point 
gained by the people ; but it certainly was occasioned by what is commonly called the preroga- 
tive party in government, and, however salutary, was designed as an abridgment of liberty." — 
Hutchinson's Ilist. Mass., 3d ed., vol. II., pip. 77-8. 

Chap. 19. No reasons appear to have been given for the disallowance of this act; but the 
objections made by the Lords, in their letter of Jan. 20, 1696-7, against the act of the next year, 
to restrain the exportation of pitch, tar, &c., would apply, with equal force, to this chapter.— 
See NOTES, 1694-5, chap. 14, post. 



ACTS, 

Passed 1694—5. 



riGi] 



21 



[1st Sess.] Province Laws. — 1694-5. 163 

ACTS 

Passed at the Session begun and held at Boston, 
ON the Thirtieth day of May, A.D. 1694-5. 



CHAPTER 1. 



AN" ACT FOR THE REVIVING AND CONTINUING OF THE DUTIES UPON 
GOODS, IMPOST, EXCISE AND TUNNAGE OF SHIPPING, AND THE ACTS 
FOR GRANTING OF THE SAME. 

Be it enacted by his Excellency the Governour, Council and Repre- see acts of 
sentatives convened in General Court, and it is ordained and enacted 1695-6, chap. 1, 

1 7 7 . /. T note, ^os*. 

by the authority of the same, 

[Sect. 1.] That the several rates, duties, impost, excise and tunnage Eevivingand 
of shipping, mentioned to be granted unto their majesties in and by one continuation of 
act made and passed at the session of the great and general court begun goods, impost, 
and held at Boston, the eighth day of June, in the fourth year of the nage of sWp-^^ 
reign of their present majesties, King William and Queen Mary, entituled ping unto the 
" An Act for Impost, Excise and Tunnage of Shipping," be and hereby junef i695,^&c. 
are continued and further granted imto their said majesties, to the ends 1692-3, chap. 5. 
and intents in the said act mentioned, from and after the twenty-ninth 
day of June, in this jDresent year one thousand six hundred ninety-four, 
unto the twenty-ninth day of June in the year one thousand six hun- 
dred ninety-five, and no longer ; and the before recited act for impost, 
excise and tunnage of shipping, and all and eveiy the branches, clauses, 
powers and parts thereof (other than such as in and by this present act 
shall be repealed, altered or in any other manner provided, or directed), 
as also one other act, entituled " An additional Act for Impost and 1692-3, chap. 21. 
Excise," made and passed in the fourth year of their said majesties' 
reign ; and one other act, entituled " An Act for the better Collecting leos, chap. 5. 
the Impost and Excise and preventing Frauds," made and passed in 
the fifth year of their said majesties' reign, and every the branches, arti- 
cles and powers therein contained, be and are hereby revived and con- 
tinued to abide and remain in full force and virtue from and after the 
said twenty-ninth day of June, one thousand six hundred ninety-four, 
unto the aforesaid twenty-ninth day of June, one thousand six hundred 
ninety-five, and not afterwards, any thing herein contained to the con- 
trary notwithstanding : 2>^ovided, 7ievertheless, that the clause or branch Eepeai of the 

in the first recited act, for imijost, excise and tunnage of shipping, relat- governor and 

'-, i.,',. . . ^ -, '^ .^ .°' council's power 

mg to the governour and council, their nominating and appomtmg com- to appoint com- 
missioners to transact and manage the same, and the allowance thereby the aUowance^*^ 
gi-antcd to the commissioners, shall \^and] from and after the said twen- to such com- 
ty-ninth day of June, in this present year, one thousand six hundred °"^^^o^^" 
ninety-four, be and hereby is repealed and discontinued. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That there be one fit person and no more nominated and The general ^ 
appointed by this court as a commissioner and collector, to have the ^^l^^nda^' 
general inspection, care and management of the said office of impost, point one com- 
excise and tunnage of shipping, and whatsoever relates thereunto, who So more!'^ "'^^ 



164 



Province Laws. — 1694-5. 



[Chap. 1.] 



The commis- 
sioner with 
advice of the 
treasurer to 
appoint under 
officers and 
grant them 
warrants. 



Commissioner's 
allowance. 



Commissioner 
to account with 
the treasurer. 



Duty upon > 
ships, &c., of 
sixpence per 
ton. 



Computation 
of tonnage. 



— to he paid he- 
fore clearing. 



Masters or 
owners to ren- 
der an account 
under hand of 
their vessel's 



shall receive commission for the same from the governour for the time 
being, with jjower to nominate, apj^oint and imploy such and so many 
officers under him as the said commissioner, with the advice of the 
treasurer, for the time being, of this their majesties' province, shall think 
necessary for the well ordering and managing of the affairs relating to 
said office and the better to prevent frauds ; and to grant them warrants 
for executing the same ; which commissioner and all other underofficers, 
before their entring upon the execution of their respective offices, shall 
take the oaths appointed to be taking instead of the oaths of supremacy 
and allegiance, and repeat and subscribe the declaration, before the 
governour or lieutenant governour or two members of the council, as 
also shall be sworn to deal truely and faithfully in the execution of their 
respective offices. And the said commissioner shall have and receive, 
for his service, labour, care and expences in this affiiir, the sum of one 
hundred and thirty pounds, and no more ; all other officers to be paid 
for their service, as a commissioner, with the treasurer, shall agree upon 
reasonable terms : the said commissioner to keejo fair books of all entrys 
and duties arising by virtue of this act, which books shall lye open at 
all seasonable times to the view and perusal of the treasurer. And the 
said commissioner shall also account with the treasurer, upon oath, for 
all collections and payments at the end of every three months ; the said 
oath to be administred before the governou.r and council, and pay in 
all such moneys as shall be in his hands as the treasurer shall demand it. 

And for and towards the reimbursing of the charge of building and 
setting forth of the province galley, and towards the defraying of the 
charge of maintaining her abroad, to cruise on this coast, for the seeming 
of trade and navigation, and to no other end, — 

It is further enacted hy the authority aforesaid, 

[Sect. 3,] (Over and above the tunnage or powder duty, mentioned 
in the before recited act entituled "An Act for Impost, Excise and 
Tunnage of Shipping," to be paid for all ships or other vessels arriving 
within this province, whereof the major part of the owners do not 
belong to the province), that from and after the said twenty-ninth day 
of June in this present year, one thousand six hundred ninety-four, until 
the twenty-ninth day of June, one thousand six hundred ninety-five, 
and no longer nor at any time afterwards, there shall be paid, by the 
master or OAvners, respectively, of all merchant ships or other vessels 
whatsoever (except boats imployed for the fetching of wood, timber, 
stones or fish, to be made use of and spent in the place only), that shall 
saile from any port, haven, river or creek within this province, the sum 
of sixpence per tun for every tun such ship or other vessel doth measure, 
according to her dimensions of length, breadth and depth within board 
(the length to be reckoned from the inside of the post unto the first 
rising of the stem, computing after the usual manner of multiplying and 
dividmg the product by one hundred), for every time and so often as 
such ship or vessel shall go forth ; which payment is to be made unto 
the commissioner for the time being for managing of the impost office, 
his deputy or deputies, who, on receipt thereof, shall give a certificate 
that the said duty is paid ; and such certificate to be produced and 
delivered unto the naval officer before he grant any clearing for such 
shii^ or other vessel : i^rovided, nevertheless, that no coasting vessels 
within this province, or vessels arriving from the province of New 
Hampshire, the colonies of Connecticut or Rhode Island, the province 
of New York or East or West Jersey shall be obliged to pay the said 
sum of sixpence per tun more than twice in the said year. 

[Sect. 4.] And, for the better ascertaineing of the tunnage of any 
ship or any other vessel liable to the duty aforesaid, every master or 
owner of such ship or vessel, before any lading be taken on board her, 
shall give [in] an accompt, under his hand, of her dimentions as afore- 



[1st Sess.] Peovince Laws.— 1694-5. 165 

said, to the said commissioner, his deiraty or deputies ; and if such offi dimensions 
cer does apprehend and suspect that the accompt given is short of the ^'^^'^'"Y'^foad 
true dimensions, the said officer rejiairijig unto one of the next justices 
of the jDcace, such justice shall and hereby is impowred to grant his a justice to 
warrant to some able ship caii^entcr, requiring him to repair on board me^^er."' 
such ship or other vessel and to measure the same in manner as is 
before expressed, and to make liis report thereof imto the commissioner 
for the imj>ost office, his deputy or deputies ; and such justice is further 
imi3owi*ed to administer an oath unto the measm-er to deal ti'uely and 
faithfully therein ; for which warrant and oath administred there shall Fee for the 
be paid imto the justice two shillings, and the measm-er for his sciwice Sea^urer and 
shall have and receive the sum of five shilhngs ; all which charge[s] iiisoath. 
(where the master or owner is found to have given a short accompt of 
the dimentions), shall be paid by the master or owner before such ship 
or vessel be cleared ; if otherwise, by the officer for managing of the 
impost office, who is allowed to bring such charge to accompt of the 
pubUck. And for vessels not obliged by law to clear at the naval 
office, and all others for which clearings may be taken out there before 
the time of this act taking place, that shall then be in port, in case of Officer's power 
neglect or refusal of the master or owner of any such vessel to j^ay the ^^ ^"® *" *'*^®' 
aforesaid duty of tunnage, the commissioner for managing the impost 
office, his deputy or deputies, may recover the same by action or infor- 
mation before any justice of the peace within the coimty, so that the 
smn sued for exceed not forty shillings ; if it be above forty shillings, 
before the inferiour court of pleas. 

And further it is enacted hy the authority aforesaid, 

[Sect. 5.] That the fifteen hundred pounds in indoi*st bills of pub- a ftrrther grant 
lick credit, lately ordered by an act of this court to be emitted for a dre^d pounds"" 
present suj^ply of the treasury, shall, from and after the twenty-ninth for setting forth 
day of June in this j)resent year, one thousand six hundred ninety-four, ^ ^^ ^^' 
be accepted and received, in all publick payments, as well for imj^ost, 
excise and tunnage of sliipping, as for any province tax or assessment, 
at the just sum therein mentioned and no more ; and seven hundred 
pounds more of said bills, over and above the five himdred pounds for- 
merly applied, are hereby granted for the equipping and setting forth 
of the said province galley built for the securing of navigation ; and 
the treasm-er is hereby ordered to take care to call in the said bills, that 
shall be in the hands of particular persons, and to pay them the full sum 
thereof, in money, out ol the first moneys coming into the treasury from 
and after the aforesaid twenty-ninth day of Jime, one thousand six 
hundred ninety-four, for impost, excise, tunnage of shipping or taxes. 
[Passed June 8 ; published June 20. 



CHAPTER 2. 



AN" ACT FOR GRANTING UNTO THEIR MAJESTIES A TAX OF TWELVEPENCE 
A POLL, AND ONE PENNY ON THE POUND FOR ESTATES. 

Wee, their majesties' loyal and dutiful subjects, the representatives of 
their province of the Massachusetts Bay in New England, assembled in 
general court, do, unanimously, grant unto their most excellent majes- 
ties, for and towards the repair of their majesties' castle, upon Castle 
Island, near Boston, and the support of the garrison there ; for the sub- 
sistence and paying of wages to seamen and souldiers that are and shall 
be imployed in then- majesties' service for the defence of this their prov- 
ince ; for a stock to manage the Indian trade ; for payment of salaries, 
and other grants made and to be made by this court ; for the dischaxg- 



166 



Peovince Laws. — 1694-5. 



[Chap. 2.] 



Treasurer to 
send forth \vnr- 
rants for choice 
of assessors. 



Qualifications 
of assessors. 



Penalty for not 
serving. 



Penalty for 
town's neglect 
to choose 



Two justices to 
appoint assess- 
ors in case. 



ing the ptiblick debts now due from this province, and for answering of 
other contingent chai-ges of this government ; and to no other ends and 
intents, — a rate or tax of twelvepence on the poll, and one penny on the 
pound, ui:»on all estate hereinafter mentioned, to be assessed on the 
freeholders, inhabitants, and other their majesties' subjects, resident 
within this province, according to the rules hereafter set down ; and 
pray that it may be enacted, — 

And it is enacted bi/ the Govemour, Council and Mepresentatiiies in 
Qeneral Court asse'tnbled, and by the authority of the same, 

[Sect. 1.] That the treasm'er do forthwith send his warrants to the 
selectmen or trustees of each town or precinct, requii-ing them to cause 
the inhabitants of such town or precinct, who are by law qualified to 
vote in town affaii'cs, to assemble and meet together sometune in July 
next, who, being so assembled, are required to choose tliree, five or 
seven able and discreet men of good conversation, being freeholders 
and inhabitants within such town or precinct, to be assessors ; and no 
person shall be capable to serve in said betrustment, in any town or 
preciact mider forty families, imless reputed worth fifty pounds estate, 
nor in any other to>vns, unless of one hundred pounds estate, nor in 
Boston, under thi-ee huudi'ed pounds estate. And if any person be 
chosen to said place and refuse to attend said service (wMcli he shall 
forthwith declare whether he accept or no), he shall pay as a fine five 
l^omids, if in Boston, Charlestown, Salem, If»swich or Newbury, and in 
any other town forty shillings, and the said town or precinct shall 
choose others untill some do accept ; which fines shall be to the use of 
the poor of said to'wn or precinct, to be recovered by the town treas- 
urer, before the inferiour court of pleas or a justice of the peace within 
the same comity respectively ; and, if any town or precinct shall neg- 
lect to chuse such assessors fourteen dayes after receipt of the treas- 
urer's warrant, they shall forfeit and pay the sum of twenty pomids to 
their majesties, for and towards the support of the government of the 
province, to be recovered of the selectmen, trastees or town treasurer, 
by action, bUI, plaint or information at the inferiour court of pleas 
within the same comity, and such selectmen, trustees or town treasurer 
shall be reimbursed the sum of said fine, ^vith charges, to be assessed 
and proportioned upon the inhabitants of such town or precinct, as by 
law is directed for other town rates. And, ujDon information to the jus- 
tices of the county (in which such town or precinct lies), of such neg- 
lect, the said justices or any two of them {quorum unus) shall have 
power to appoint thi-ee or more assessors for said town, and administer 
the oath for the duo execution of theu- oflice, who shall be also obliged 
to attend the said service, being so appointed, under the penalty in tliis 
act provided. 

And be it further enacted, 

[Sect. 2.] That every person chosen to be an assessor in any town 
or precinct and accepting said office shall take the oath following ; that 
is to say, — 



Oath of as- 
sessors. 



You, A. B., being chosen an assessor for the town of C, for the present year, do 
swear, that in the discharge of said trust you will deal impartially and equally 
therein, according to the rules and directions set down in this act, after the best 
of your discretion and judgment. So help you God. 



—their allow- 
ance. 



Be it further enacted^ 

[Sect. 3.] That, in any town or precinct where there is no justice 
of peace, the town clerk is hereby allowed and impowred to admuiister 
said oath to the assessors of such town or precinct ; and every such 
assessor attending that service shall be paid by the town treasurer two 
shillings and sixpence per day for each day he spends in said service. 



[1st Sess.] Province Laws. — 1694-5. 167 

A7icl be a further enacted hy the authority aforesaid, 

[Sect. 4.] That the said assessors, at or before the sixteenth clay of Assessors' 
August next ensuing, shall make a true list of all male persons in then* ^<*^^- 
respective towns and precincts from eighteen years old and upwards 
(except elders of churches, setled ministers and others devoted to the 
ministry, the president, fellows and students of Haiward CoUedge, gTam- 
mar school-masters, and such who through age, infimiity or extream 
poverty, in the discretion of the assessors, are rendered uncapable to 
contribute towards the publick chai'ge), and a true estimation of all 
estates, both real and personal, being or reputed to be the estate of all 
and every the persons of the same town or precinct, or otherwise under 
their custody or management, according to the valuations hereafter 
mentioned ; that is to say, all male persons of the age above said Tweivepence 
(except as is before excepted), and all negro's, molatto's and Indian ser- p^'^p^^- 
vants, as well male as female, of sixteen years old and upwards, at the 
rate of twelvej^ence per poll ; all real estates, as houses, warehouses, Houses, &c., 
mills, cranes, whariFs, tanyards, arable, pasture and meadow ground, on*the^ounS 
and all other lands inclosed or under improvement, other than such as for fourteen 
lye common to the use of the inhabitants in general, that the owners fam^sVo'i'°°°^^' 
have not particular benefit by, at the rate of one penny on the pound twenty years' 
for the value thereof, which value is to be computed and reckoned ^^'^°^^- 
according as they are or may be let for in the places where they lye ; 
vizt., houses, warehouses, tanyards, mills, cranes and wharffes, at four- 
teen years' rent or income, without any allowance or subduction for 
repairs ; all lands, at twenty years' rent or income ; the fenner or occu- xiie farmer to 
pier of any houses or lands, being assessed for the same in his occupa- J^^ allowed one- 
tion, to be reimbursed the one-half of what he shall so pay towards the assessment, 
said assessment, by the landlord or lessor, where there is no particular 
contract to the contrary, and shall be allowed to discount the same out 
of his rent, producing a certificate from the assessors, collector or con- 
stable what the whole amounts unto. All goods, wares, merchandizes Goods, &c., to 
(except such as have or shall have paid impost, lying in the importer's ^^ assessed by 
hand undisposed of), trading stock, money at interest, in whose hands common esti- 
soever it be, and all boats and small vessels not liable to the duty of ^^^tio^- 
tunnage ; every of the particulars aforesaid, at one penny on the pound 
by the rule of common estimation, [_at'\ [in] the discretion of the asses- 
sors, endeavouring the best information they may (where no particular 
invoyce of the species and worth is presented to them) ; every handicraft 
man at one penny on the i:)ound for his income, at the discretion of the 
assessors; each ox and horse beast exceeding four years of age at forty Kate of cattle, 
shillings ; each cow exceeding three years at tliirty shillings ; all sheep 
above one year old at four jDound per score ; all swine above one year 
old at six pounds per score ; — to be assessed at one penny on the pound 
after the said estimation : j^rovided, nevertheless, that no estate belong- Minister's es- 
ing to any minister, in the town where he lives, being in his own actual tates exempted, 
improvement, or belonging to the widow of any minister deceased, in 
the town where she lives and under her own improvement, shall be 
rated unto the said tax. 

Provided, also, that all such towns and places as, by the vote of this Allowance 
court, at their sessions in May or November the last year, were judged foimeriy 
to have been assessed over and above their due proportion to the last towns, 
tax, shall have the allowance and abatement then ordered them, respec- 
tively, out of the next tax or assessment that should be granted, which 
is this present tax. 

Be it further enacted by the authority aforesaid, 

[Sect. 5.] That the assessors in each town and precinct be and are Assessors to 
hereby impowred and required to call for a particular list of each per- uta/ilst o'feach 
son's ratable estate within the same, and of those dwelling next them person's ratable 
not belonging to any township, by posting up the notification of the ^^^^'^^- 



168 



Province Laws. — 1694-5. 



[Chap. 2.] 



Penalty for not 
giving in a list. 

For giving in a 
false list. 



Tersons over- 
rated to be 
abated upon 
making oath, 
&c. 



The tax to be 
made and trans- 
mitted to the 
treasurer by 
the first 
Wednesday in 
September, 

— to be paid in 
and accounts 
issued by the 
first of No- 
vember. 



Selectmen's 
power to ap- 
point collectors. 



Penalty on 

defective col- 
lectors or 
constables. 



Constable's or 
collector's 
power to 
distrain. 



time of their meeting, ten dayes at the least beforehand, in some pulb- 
lick places of the town ; and if any person shall neglect to give in a list 
of his ratable estate aforesaid, every such person shall be rated at the 
discretion of the assessors ; and if any person shall give in a false list of 
the same he shall be alike assessed at discretion and pay five shillings 
fine, one moiety thereof to the use of the poor of the town or precinct, 
and the other moiety to him or them that shall inform and prosecute 
the same before any justice of the peace within the same county, and 
be further assessed, to the said tax, four times so much in value as the 
estate left out should have been rated. 

[Sect, 6.] And if any person, having given in a true list of his 
ratable estate, complain to the assessors and make it aj)pear that he is 
overrated, so much shall be abated him by them, he making oath to 
his list ; and in case they refuse to abate him he shall be heard and 
relieved by the quarter sessions, shewing just cause for the same. And 
the assessors in each town and place are hereby required to finish 
and perfect the assessment of their several towns or precincts and to 
transmit and safely deliver the same unto the treasurer, together with 
the names of each collector or constable in the said town or precinct, 
and the respective simis to them committed to gather, at or before the 
first Wednesday in September next. And the treasurer, upon receipt 
thereof, shall issue out his warrants, directed to the constables or col- 
lectors of the several towns and precincts, requiring them forthwith to 
collect and gather the said assessments, and to pay in the same unto the 
treasurer or his order at or before the first day of November next ensu- 
ing, by which time they are to make up and issue their accounts of the 
whole with the treasurer, which aforesaid Avarrants, being sent to the 
sherifis of the respective counties, they are required immediately to dis- 
perse and safely transmit them to the constables or collectors of the 
several towns and precincts, according to the direction thereon. 

And it is further enacted, 

[Sect. 7.] That the selectmen in each town be and hereby are 
impowred (if they think fit) to nominate and ajDpoint one or more able 
and sufiicieut persons, within the bounds and limits of such town, to be 
collectors of the money due to their majesties by this act, for whose 
l^aying in the same to the treasury, the town by whom they are so 
imployed shall be answerable for their projiortion thereof. 

[Sect. 8.] And if any constable or collector shall be remiss and 
negligent of his duty, by not levying or paying into the treasury such 
Sinn and sums of money, as from time to time, he shall have received, and 
as ought by him to have been j^aid within the time set and limited by the 
warrant or estreat to him committed pm'suant to this act, and is not jDaid 
by reason of his failing of doing his duty according to the directions and 
command therein, the treasurer is hereby impowred, after the expiration 
of the time so set, by waiTant, under his hand and seal, directed unto the 
sherifi*, his deputy or deputies, to cause all such sum and sums of money 
to be levyed by distress and sale of such defective constable's or collec- 
tor's goods and chattels, and if none such, or not sufiicient, can be found, 
then upon his lands or tenements, returning the overj^lus (if any be), 
and for want of such distress to commit the ofiender to the common 
goal of the county, there to remain until full payment be made. 

He it further enacted, 

[Sect. 9.] That if any person or persons shall refuse or neglect to 
pay the several sum or sums Avhereat he shall be set in this present 
assessment, and is to pay towards the same, upon demand made by the 
constable or collector of the town, place or precinct where such person 
hath his dwelling or residence, according to the prece2:)t or estreat to 
him dehvered, it shall and may be lawful to and for such constable or 
collector, who is hereby thereunto authorized and required, for non pay- 



[1st Sess.] Province Laws. — 1694-5. 169 

ment to distrain the person or persons so refusing or neglecting, by his 
or there goods or chattels, and the distress or distresses so taken to 
keep by the space of four dayes at the cost and charges of the owner 
thereof; and if the said owner do not pay the sum and sums of money 
so assessed upon him, within the said four dayes, then the said distress 
or distresses to be apprized by two or three of the inhabitants where 
the same is taken, and to be sold by the said officer for payment of the 
said money, and the overplus coming by the said sale (if any be), over 
and above the charges of taking and keeping the said distress or dis- 
tresses, to be immediately restored to the owner. And if any person 
or persons assessed, as aforesaid, shall refuse or neglect to pay the sirni 
or sums so assessed, by the space of twenty dayes after demand thereof, 
where no sufficient distress can or may be found whei-eby the same may 
be levied, in every such case two or more of the assessors in each town 
or precinct are hereby authorized, by wan-ant under their hands and 
seals, to commit such person or persons to the common goal of the 
county, there to be kept, without baile or mainprize, until payment shall 
be made of the sum or sums so assessed, with the incident charges. 

A7id it is further enacted^ 

[Sect. 10.] That where any person or persons shall remove from To distraia 
the town or place Avhere he or they lived or had their residence at the removing, 
time of making the lists of said tax or assessment, not having first paid 
the respective sums or proportion set upon him or them thereby, it shall 
and may be lawful, to and for the constable or collector to whom the 
said tax or assessment is committed with warrant, to collect the same ; 
and they are hereby authorized and impowred to demand the sum or 
sums assessed upon such person or persons, in what town or place 
soever he or they may be found, within this province, and, i;pon refusal 
or neglect to pay the same, to distrain the said person or persons by his 
or their goods and chattels, as aforesaid, and, for want of such distress, 
to commit the party to the common goal, there to remain as aforesaid 
until payment be made of the sum or sums so set upon him, with all 
charges arising by reason of such commitment. 

And further it is enacted by the authority aforesaid, 

[Sect. 11.] That the treasurer do pursue' the calling in the arrears Treasurer to 
of all foi-mer publick rates or assessments, by all such wayes and meth- lathering^ia 
ods as the laws in that case made and provided do direct, having of arrears, 
respect to the allowances made by this court, upon the report of their 
committee fonnerly appointed, as well to tOAvns, constables or particular 
persons ; and where any allowance is made to any constable or partic- 
ular person, and judged by this court to be the town's due to make 
good, the treasurer is hereby impowred and ordered to issue forth his 
warrant[s] to the assessors to be appointed for such town, to assess and 
proportion the sum thereof upon their inhabitants ; as also [to] the 
assessors of such towns upon which any additional sum was fonnerly 
set and not hitherto assessed, forthwith to assess the same ; requiring 
them to return the lists thereof unto himself, together with the list of 
this present tax : and the treasurer shall therewith make out his war- 
rants for the speedy collecting and paying in the same into the treasury. 
\_I*assed June 18; j^ublis/ied June 20. 

22 



170 Province. Laws,— 1694-5. [Chaps. 3^4.] 



CHAPTER 3. 

AN ADDITION TO THE ACT ENTITULED " AN ACT FOR THE SETTING FORTH 
OF GENERAL PRIVILEDGES." 

Be it enacted hy the Governour, Council and Mepresentatives in Gen- 
eral Court assetnbled, and by the authority of the same, 
Disallowed by [Sect. 1.] That the house of reiiresentatives of the peoj^le of this 
couiKiii^Dec. 10, iH'ovince, beuig a part of the great and general court or assembly, have, 
16%. \yj then* majesties' most gracious charter, undoubted right to all the 

liberties and priviledges of an English assembly, and to have and use 
freedom of debate and suifrages in all matters j^roper to them as such ; 
and the choice and appointment of all civil officers, not jjarticularly 
directed to and enumerated in the chartei-, doth of right belong to the 
great and general court or assembly ; and that, when and so often as 
any motion is made to the house of representatives for the granting of 
any money to be levied of the people of this province, the said house 
of rei^resentatives ought particularly to be advised what uses and 
imi^rovement such money is to be raised for. 
A.nd further he it enacted. 
Orders for pay- [Sect. 2.] That the appointment and establishment of all salaries of 
to^e'xp'/ess'tiiY^ ^^7 Oncers within this province be and hereby is declared to belong to 
act by which the said general court or assembly ; and that no publick money bo or 
rafsed™and 'the ought to be disposed of by his excellency the governour, and council, 
particular ser- \yjx for the uses and intents of and according to the acts by which the 
for. said money is raised ; and that no money may or ought to be drawn or 

paid out of the j^ublick treasury of this province but by warrant or 
order of the governour, with the advice and consent of the council, for 
the time being, expressing particularly the act by which the said money 
was raised, and for what particular service the same is designed, and to 
be applied pursuant to the said act or acts (other than contingent 
charges for the support of the government of this province for the time 
being). \_Passed June 7 ; pid)lished June 20, 



" — whereas an Act setting forth General Priviledges, [1692-3, chap. 11] past also in the year 
1692, hath" — " already been repealed. We are also humbly of opinion that the Act entituled 
An addition to the Act entituled an Act for the setting forth of General Priviledges be repealed." 
— Opinion of the Lords of Trade to the King in council, Dec. 10, 1696. 



CHAPTER 4. 

AN ACT FOR ASCERTAINING THE FEES OF THE MESSENGER ATTENDING 
THE HOUSE OF REPRESENTATIVES. 

Be it enacted and ordained by JEs Excellency the Governour, Council 
and Mepj-esentatives in General Court assembled, and it is enacted by 
the authority of the same. 
Messenger's fee [Sect. 1.] That there shall be paid to the messenger attending upon 
percUem!^^"^^ the house of representatives, for the time being, out of the publick rev- 
enue of this their majesties' province, the su^m of three shillings per 
diem for every day that the said messenger shall attend iipon or be 
imployed in the service of the said house of reiDresentatives ; and, fur- 
Three shillings ther, that the said messenger shall and may demand, recover and receive, 
a'warrant of *^^ ^ ^"^^ every person arrested, imprisoned or taken into custody, by 
arrest. warrant from the house of representatives, three shilhngs for the service 

thr^eepenc^e per ^f sucli AvaiTant of arrest, witli travelling fees after the rate of three- 
mile out. pence per mile out ; and also three shillings per diem for safe keeping 



[1st Sess.] Province Laws. — 1694-5. ]71 

and providing for such person so apprehended and taken into custody, Three shillings 
and three shilUngs more upon the dismission or release of the party, lacifpersorTiu 
any law, custom or usage to the contrary notwithstanding ; except it be custody, &c. 
a member of the house that is so sent for, and then the fees to be paid 
shall be less, as the house shall appoint. 

And it is herehy further declared, 

[Sect. 2.] That the travailing fees mentioned in the act for regulat- Sheriff^s, &c., 
ing fees allowed to sheriffs, marshals, or constables for the service of oniy^threlpence 
writts, is to be alike understood of threepence per mile from home, p®^ ^^^ °"*' 
and no more. [^Passed June 5 ; piMished June 20. 



CHAPTER 5. 

AN ACT AGAINST ADULTERY AND POLYGAMY. 

Whereas the violation of the marriage covenant is highly provoking 
to God and desti'uctive to families, — 

JBe it therefore ei%acted by the Governour, Cmmcil mid Mepresentativea 
in Genercd Court assembled, and by the authority of the same, 

[Sect. 1.] That if any man be found in bed with another man's 
wife, the man and woman so offending, being thereof convicted, shall 
be severely Avhip'd, not exceeding thirty stripes, unless it appear upon 
tryal that one party was surprized and did not consent, which shall 
abate the punishment as to such party. 

[Sect. 2.] And if any man shall commit adultery, the man and Punishment for 
woman that shall be convicted of such ciime before their majesties' adulterers, 
justices of assize and general goal dehvery, shall be set upon the gal- 
lows by the space of an hour, Avith a rope about their neck, and the 
other end cast over the gallows ; and in the way from thence to the 
conunon goal shall be severely whip'd, not exceeding forty stripes each. 
Also every person and persons so offending shall for ever after wear a 
capital A, of two inches long and proportionable bigness, cut out in 
cloth of a contrary colour to their cloaths, and sewed upon their upper 
garments, on the outside of their arm, or on their back, in open view. 
And if any pereon or persons, having been convicted and sentenced for 
such offence, shall at any time be found without their letter so worn, 
during their abode in this province, they shall, by warrant from a jus- 
tice of peace, be forthwith ai^prehended and ordered to be publickly 
whii^'d, not exceeding fifteen stripes, and so from time to time, toties 
quoties. 

A)ul be it further enacted by the authority aforesaid, 

[Sect. 3.] That if any person and persons within this their majes- polygamy to be 
ties' province, being married, or which hereafter shall many, do, at any punished as 
time after the first of July in this present year, one thousand six hun- 
dred ninety-four, presume to marry any person or persons, the former 
husband or Avife being ahve, or shall continue to live so married, that 
then every such offence shall be felony, and the person and persons so 
offending shall suffer death, as in cases of felony. And the party and 
parties so offending shall receive such and the hke proceeding, tryal 
and execution, in such county Avhere such person or persons shall be 
apprehended, as if the offence had been committed in such coimty 
where such person or pei-sons shall be taken or apprehended. 

[Sect. 4.] Provided, ahcays, that tliis act or any thing therein con- saving for per- 
tahiod shall not extend to any person or persons whose husband or Avife land^or wffe"^' 
shall be continually remaining beyond the seas by the space of scA'en shall be absent 
years together, or whose husband or wife shall absent him- or herself ^^^^°^*^"'"®'^''' 



172 



Peovince Laws. — 1694-5. 



[Chap. 6.] 



Saving for per- 
sons diTorced 
or married 
within the age 
of consent. 



1 Gray, 119. 



the one from the other, by the space of seven years together, m any 
part within their majesties' dominions, or elsewhere, the one of them 
not knowing the other to be living within that time. 

[Sect. 5.] Provided^ also, that this act or any thing therein con- 
tained shall not extend to any jDerson or persons that are or shall be at 
the time of such marriage divorced, by any sentence had, or hereafter to 
be had, as the law of the province in that case has provided ; or to any 
person or persons where the fonner marriage has been, or hereafter 
shall be, by such sentence had, declared to be void and of no effect ; 
nor to any person or persons, for or by reason of any former marriage 
had or made, or hereafter to be had or made within the age of consent ; 
that is to say, the man fourteen years of age, the woman twelve. 
[JPassed June 6 ; ipvhlished June 20. 



CHAPTER 6. 



AN ACT FOR REGULATING OF TRADE WITH THE INDIANS. 



Indian trades 
to be managed 
by the treas- 
urer, &c., with 
the public 
stock. 



No trading 
allowed within 
any fort or 
garrison. 

Ammunition 
and liquors 
forbidden in 
any quantity, 
&c. 



Penalty for per- 
sons trading, 
other than such 
as shall be ap- 
pointed. 



Whereas the Indians within the eastern parts of this province, 
under the obedience of the crown of England, have dependance upon 
the English for supplies of clothing and other necessaries, as formerly 
they have been accustomed, which that they may not want ; and to the 
intent that the Christian religion be not scandalized, nor any injustice 
done to the Indians by extortion, in the taking of unreasonable and 
excessive prices for the goods and supplies sold unto them, — 

Be it enacted by the Governour, Council and Hepresentatives in 
General Court assembled, and by the authority of the same, 

[Sect. 1.] That all trade with the said eastern Indians be managed 
and carried on, at the charge of and with the publick stock in their 
majesties' treasury within this province and for the benefit and advan- 
tage of the same, by -suitable truck masters, such as the treasurer of 
this their majesties' province and the commissioner for the impost office, 
for the time being, shall appoint and agree with under a certain salary, 
and to be no. otherwise concerned or interested ; who shall be sworn to 
the faithful management of the said trade, according to such instruc- 
tions as shall be given them by the said treasurer and commissioner in 
that behalf, by direction and approbation of the governour and council, 
and to render and deliver a just and true account of the same, with all 
the proceeds and profits arising thereby, from time to time, unto the 
treasurer; the said accompts to be exhibited and laid before this court 
for their perusal when required : the stock to be advanced for begin- 
ning of said trade, not to exceed the sum or value of five hundred 
pounds, which may be continued and made good out of the returns and 
proceeds thereof, and the profits arising thereby to be imployed for 
and towards the support of the government of this province. No 
trading to be allowed within any of their majesties' forts or garrisons, 
but near to the same, and under command thereof; nor shall any officer 
or private souldier imployed in their majesties' service be imjiloyed in 
the management of said trade ; nor shall any powder, shot, lead, or any 
kind of ammunition (more than may be necessary for their hunting), 
nor any quantity of strong liquors of any sort, wherewith they may be 
made drunk, or exposed to quarrellings and fightings, be traded with or 
delivered to any Indian or Indians, or any others for them. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That no person or persons whatsoever, other than those 
to be imployed as aforesaid, shall or may presume by themselves, or any 
other for them, directly or indirectly, to truck, barter, buy, sell, deal or 



[1st Sess,] Province Laws. — 1694-5. 173 

trade with any Indian oi- Indians, within any of the eastern parts of 
this province, under the penalty of fifty pounds over and above the 
forfeiture of all such goods of any sort or kind, and the vessel and ves- 
sels as any person or persons shall have been or are found trading in or 
with, or the value thereof; one moiety of all such penalties and forfeit- 
ures to be unto their majesties, for and towards the support of the gov- 
ernment of this province, and the other moiety to him or them that 
shall inform and sue for the same, in any of their majesties' courts 
within this province that shall have proper cogniscancc thereof : pro- 
vided^ that this act shall continue in force during one whole year from 
the publication thereof, and until the next sitting of the great and gen- 
eral court, and no longer, any thing therein contained notwithstanding. 
\_Passed June 13 ; published June 20. 



CHAPTER 7. 



AN ACT FOR BETTER ENABLING THE TREASURER TO ANSWER PRESENT 

DEMANDS. 

Whereas this court have provided to raise moneys for supplying the 
publick occasions of this their majesties' province and government, and 
paying of the just debts owing from the same, by reviving and continu- 
ing of the duties upon goods, impost, excise and tunnage of shipj^ing, 
and further granting of the same for one year yet to come, and by 
granting of a tax of twelvepence a jdoII and one penny on the pound for 
all estates ; but forasmuch as the same cannot be collected and drawn 
into the treasury timely enough to answer the demands there, where- 
fore, upon the fund and credit of the said duties upon goods, impost, 
excise and tunnage of shii:)ping, and the said tax or assessment, as also 
upon the arrears of all taxes formerly granted and not yet paid in, and 
to the ends and uses in the said several acts mentioned for granting of 
the said moneys, — 

J^e it enacted and ordained by the Governour, Council and Represen- 
tatives in General Court assembled, and it is enacted by the authority 
of the same, 

[Sect. 1.] That the treasurer for the time being do issue forth and 
pay out of the treasiTry, in the bills of publick credit of the late colony 
of the Massachusetts, to such value as shall be needful, not exceeding 
the sum of five thousand pounds (including the sum of fifteen hundred 
pounds formerly ordered by this court) ; said bills to be endorst by the 
treasurer in manner as is directed by the act entituled "An Act for a 1693-4, chap. 13- 
present supply of the treasury," made and passed at the session[s] of 
the great and general court begun and held at Boston the eighth day 
of November, in the fifth year of the reign of their present majesties: 
to be paid out according to the orders of the governoiir and council at 
the sum in each bill respectively set down and no more ; and shall be 
received by the treasurer and all subordinate receivers whomsoever in 
all publick pajonents whatsoever (except for such and so much money as 
is or shall be owing for impost and excise at or before the twenty-ninth 
day of this present month of June), at the same value, with the advance 
of one shilling more on the pound ; any law, custom or usage to the con- 
trary notwithstanding. 

[Sect. 2.] And all persons having any of the said bills in their pos- 
session not being endors't in manner as before directed, shall return the 
same unto the treasurer, to be endorst or exchanged for such within the 
space of three months next after publication of this present act, on pain 
of loosing the same, which are hereby declared to be of no value or 
worth after the expii-ation of the said three months. [_JPassed and 
published Juuq 22. 



174 Province Laws.— 1694-5. [Chaps. 8, 9.] 



CHAPTER 8. 

AN ACT FOR GRANTING [OF] [A] TOWNSHIP IN THE COUNTY OF BRISTOL, 
TO BE CALLED TIVERTON. 

Whereas there is a certain tract or ti-acts of land, called by the 
Indians Pocasset and Puncateese, scitiiate, lying and being between the 
bounds of Little Compton and Freetown, within the county of Bristol, 
bordering upon the sea or salt water towards the west, extending along 
the shore, between the towns aforesaid, about twelve miles northerly and 
southerly, and from the salt water, towards the east, into the country 
about four miles till it meet with Dartmouth line, which land belongs 
to sundry persons, the proprietors thereof, and was put under the con- 
stablewick of Little Compton, aforesaid, who, upon their petition to this 
court, are reduced to their fonner state ; noAv, forasmuch as there are 
already a competent number of inhabitants and a good quantity of land 
convenient for a township, — 

£e it therefore enacted by the Govei'nour, Council and Hepresenta- 
tives in General Court assembled, and by the authority of the same it 
is enacted, 

[Sect. 1.] That henceforth the said tract or tracts of land, as now 
bounded by the limits and bounds of Little Compton, Freetown and 
Dartmouth aforesaid, is and shall be a township, and called by the name 
of Tiverton; and shall have and enjoy all such immunities, priviledges 
and powers as, generally, other towns within this province have and do 
enjoy ; and Joseph Palmer, the late constable, is hereby required, forth- 
with, to warne the inhabitants of the said town to meet together to 
choose selectmen, constables and other town officers to carry on and 
manage their prudential affaires, in an orderly way, as the law directs, 
untill the next annual day of election for town officers ; and the said 
inhabitants are enjoyned accordingly to assemble and attend the worke. 

A?id it is further declared, 

[Sect. 2.] That the constable or constables of said Tiverton shall 
collect all such arrears of publick [taxes] \_rates'\ as were assessed and pro- 
portioned upon the inhabitants of said town by the selectmen of Little 
Compton whilst they were annexed to that town, according to the lists 
then made, which the said selectmen are to furnish them with ; and the 
treasurer is ordered to issue out his Avarrant to the constable or consta- 
bles of said Tiverton for collecting the same accordingly. {^Passed 
June 14 ; published June 20. 



CHAPTER 9. 

AN ACT FOR PAYMENT OF FIVE HUNDRED POUNDS TO HIS EXCELLENCY. 

£e it enacted by the Governour, Council and Itepresentatives in Gen- 
eral Court assembled, and by the authority of the saine, 

That there be paid out of the publick treasury of this province to 
his Excellency, Sr William Phips, K"*, for his great service in the gov- 
ernment the last year, the sum of five hundred pounds. [^Passed June 8. 



[2d Sess.] Peovince Laws. — 1694-5. 175 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Fifth day of September, A.D. 1694. 



CHAPTER 10. 

AN ACT FOR ENCOURAGING THE PROSECUTION OF THE INDIAN ENEMY 
& REBELS, AND PRESERVING SUCH AS ARE FRIENDS. 

FoK the better securing of the Indians of the several plantations 
within the western parts of this province, who have put themselves 
under the rule and protection of their majesties' government within the 
same, and for the preventing of mischief that might happen to befal 
any of them by the English in their pursuit of the common enemy, as 
also to the intent that their majesties' subjects be not put in fear or 
exposed by any false Indians, jDretending to be fiiends, — 

Be it enacted by the Governotir, Council and Representatives in Gen- 
eral Court assembled, and hy the authority of the same, 

[Sect, 1.] That all the Indians of the several plantations lying to Friend Indians 
the westward or right hand of the common and usual road or highway ^fth^certSn 
leading from Boston to Rehoboth, be forthwith removed unto such limits. 
place or places, as the governour with the advice of the council shall 
appoint, to the eastward of the said road or highway, except the 
Indians belonging to the plantation of Kekamoochock, near Woodstock, 
who are to be under such regulations and circumscribed within such 
limits as the governour with advice of the council shall appoint ; and 
that the Indians within the several counties of Plymouth, Barnstable 
and Bristol, shall not pass out of the bounds of the respective counties 
where they reside but upon special occasion, and that certified under 
the hand of a justice of the peace, on pain of forfeiting three months' 
service to whomsoever shall apprehend and convict any of them of such 
transgression before any of their majesties' justices. 

[Sect. 2.] And all Indians that, from and after the last day of this Boundaries set 
present month of September, shall be discovered or found to the west- to the Indians, 
ward of the aforesaid road or highway, or within half a mile of the 
easterly side of the said road or any part thereof, or without any other 
of the limits and boundaries that shall be appointed and set them by 
the governour and council as aforesaid, shall be deemed and accounted as 
enemies ; and it shall and may be lawful to and for any of theh* majes- 
ties' subjects to treat and prosecute them as such, unless they be Indians 
improved in service by the governour with [the^ advice of the council, 
and have one or more Englishmen to conduct and accompany them. 

[Sect. 3.] This act to be made kno^ni to the Indians of the several Saving, 
plantations by the care of the selectmen of the English towns next 
adjacent, saving all the land lying, within the county of Hampshu-e, on 
the west side of Connecticut River, and five miles on the easterly side 
of the same, unless the governour and council shall otherwise dii'ect, 
and set such other boundaries for those parts as they shaU see cause. 



176 Province Laws.— 1694-5. [Chap. 11.] 

And be it further enacted by the authority aforesaid, 
Reward for [Sect. 4.] For encouragement to snch as shall voluntarily go fortli, 

service done by jj^ greater or lesser parties, in the discovery and pursuit of the common 
enemy, that they be paid out of the publick treasmy, for every Indian, 
great or small, which they shall kill, or take and bring in prisoner, the 
sum of fifty pounds per head ; and shall likewise have and keep to their 
own use all plimder by them taken from the enemy. And if it happen 
any person to be wounded in such service he shall be cured at the 
charge of the publick, and if maimed or otherwise disabled have such 
meet stipend or pension allowed as this court shall order ; and for every 
Indian that shall be slain in the defence of any house or garrison 
attacked, there shall be paid the sum of five pounds per head. 
And be it further enacted by the authority aforesaid. 
Reward for [Sect. 5.] That all souldiers detached or impressed and listed in 

soidiersSer^ their majesties' service shall have aud receive, over and_ above then- 
pay. stated pay, the sum of ten pounds per head for every Indian, as afore- 

said, which they or any of them shall kill or take prisoner whilst they 
are abroad upon service, and bring in ; and the commissioners for the 
war are hereby impowi-ed and ordered, upon the producing and deliv- 
ering unto them the scalp of any Indian killed as aforesaid, or any 
Indian taken and brought in prisoner, to grant a debenture upon the 
treasurer for payment of the sum herein before mentioned as a reward 
for such service respectively, which reward shall be equally shared and 
distributed to and among all the persons of any such party as are in 
company at the kilUng or taking any Indian as aforesaid, be they in 
pursuit of the enemy or in the defence of any house or garrison, and 
the plunder taken to be alike shared and distributed. 
And further it is enacted by the authority aforesaid, 
[Sect. 6.] That if any person or persons shall produce any scalp, 
not being an Indian's scalp, or the scalp of some Indian being not, bona 
fide, slain in service as aforesaid, with intent to deceive and obtain the 
reward herein before granted, and be thereof legally convicted, every 
person and persons so offending shall sufier three months' imprisonment 
and also forfeit double the sum that should have accrued to him or 
them by virtue of this act, for an Indian bona fide slain, as aforesaid ; one 
moiety thereof unto their majesties, for and towards the support of the 
government, and the other moiety to him or them that shall inform and 
sue for the same in any court of record within this province : provided, 
this act shall continue in force unto the end of the session of this court 
in May next, and no longer. {Passed September 12 ; published Sep- 
tember 15. 



CHAPTER 11. 



AN ACT FOR ITHE] GIVING SUCCOURS AND ASSISTANCE TO THE 
NEIGHBOURING PROVINCES AND COLONIES, AGAINST THEIR MAJES- 
TIES' ENEMIES. 

Forasmuch as, during the time of war, there may be occasion for 
the raising and sending of souldiers to the succours and assistance of 
the neighbouring provinces and colonies of New Hampshire, Rhode 
Island, King's Province, Connecticut, or New York, for the defence of 
their majesties' subjects and interests, and the prosecution of the French 
or Indian enemy, — 

It is enacted and ordained, by the Governour, Council and Bepresen- 
tatives in General Court assembled, and by the authority of the same. 

That, in the vacancy of the general assembly, it shall be in the power 
of the governour, by and with the advice and consent of the council, 



[2d Sess.] Province Laws. — 1694-5. 177 

to transport such part of the mihtia of this province as they shall find 
needful, or oblige them to march into any of the before named prov- 
inces or colonies, for the ends aforesaid, at any time or times as there 
shall be occasion, until the end of the session of this court in May 
next, and at no time afterward, this present act or any thing therein 
notwithstanding. l^J'assed /SeptetJiber 13 ; 2^uhlished Septemher 27. 



CHAPTER 12. 



AN ACT FOR REGULATION OF THE LATE TAX, AND FOR GRANTING AN 
ADDITIONAL SUPPLY OF MONEY. 

Whereas, in prosecution of an act of this assembly, made at their 
last session, begun and held at Boston the thirtieth day of May past, 
entituled " An Act for granting unto their majesties a tax of twelve- 1694-5, chap. 2. 
pence a poll, and one penny on the pound for estates," it appears by 
the lists returned that the assessors in several towns have not rightly 
understood or not duely attended the rules in said act prescribed, 
which has occasioned an inequality and disproportion betwixt town 
and town, and the sum thereby raised to fall short of what was 
expected and is necessary for a supply of the publick occasions ; there- 
fore, to the intent that there may be a regulation of the said tax or 
assessment to a due proportion, and a further supply of the treasury, 
we, the representatives of their majesties' province of the Massachu- 
setts Bay in New England, in general court assembled, do cheerfully 
grant unto their most excellent majesties, to tlie ends in the before 
recited act mentioned, and for the vigorous prosecution of the war, an 
additional sum of six thousand five hundred seventy-one pounds, eight 
shillings, fourpence, to make iip the sum of nine thousand five hundred 
and fifty-nine pounds, in the whole, upon this and the former grant, one 
thousand pounds whereof out of the first collection, to be sequestred 
and set a part by the treasurer towards answering of the rewards 
granted by the act of this court, as encouragement to the prosecution 
of the Indian enemy ; and pray that it may be enacted, — 

And it is accordijigly enacted and ordained by the Governour, 
Council^ and Representatives^ in General Court assembled, and by the 
authority of the same, 

[Sect. 1.] That the said whole sum of nine thousand five hundred 
and fifty-nine pounds be proportioned upon the several towns and 
precincts within this province, in manner following ; that is to say, — 

IK THE COUNTY OP SUFFOLK. 

Boston, sixteen hundred sixty-six pounds thirteen shil- 
lings, £1,666 135. Od, 

Roxbury, one hundred sixty-one pounds eighteen shil- 
lings, . . 161 18 

Dorchester, two hundred fifty-seven pounds six shil- 
lings, 257 6 

Milton, eighty-nine pounds eight shillings, . . . 89 8 

Brantrey, one hundi'ed thirty-one pounds thirteen 

shillings, . . 131 13 

Weymouth, one hundred and twenty pounds, . . 120 

Hingham, one hundred and sixty pounds, . . . 160 

Hull, forty-three pounds, ...... 43 

Dedham, one hundred and three pounds nineteen 

shillings, 103 19 

Medfield, seventy-two pounds five shillings, . . 72 5 



178 



Province Laws. — 1694-5. 



[Chap. 12.] 



Wrentham, twenty-nine pounds, 

Mendon, twenty-nine pounds ten shillings, . 

Oxford, eight pounds six shillings, . . . . 

IN THE COCTSTTY OF ESSEX. 

Salem, three hundred sixty-two pounds fourteen shil- 
lings, ......... 

Ipswich, four hundred sixty-six pounds eight shillings, 

Newberry, three hundred twenty-one pounds sixteen 
shillings, . . . . • . • • • 

Rowley, one hundred and nine pounds fourteen shil- 
lings, 

Salisbui-y, sixty pounds, 

Aimsbury, thirty pounds, 

Haverhill, eighty-six pounds four shillings, . 

Andover, ninety-six pounds nine shillings, . 

Bradford, thirty-six pounds three shillings, . 

Boxford, forty-seven pounds two vshillings, . 

Topsfield, eighty pounds fifteen shillings, . 

Marblehead, one hundred eighty-three pounds ten 
shillings, 

Lynn, one hundred eighty-two pounds thirteen shil 
lings, ........ 

Wenham, ninety-one pounds eleven shillings, 

Beverly, one hundred thirty-eight pounds fifteen shil 
lings, . 

Glocester, seventy-five pounds five shillings, 

Manchester, twenty-one pounds five shillings, 

IN THE COUNTY OP PLYMOUTH. 

Plpnouth, one hundred and six pounds eleven shil 
lings, ........ 

Situate, one hundred sixty-seven pounds eleven shil 
lings, ........ 

Duxborough, sixty-six pounds, .... 

Marshfield, eighty-three pounds fifteen shillings, . 

Bridgewater, seventy pounds, .... 

Middleboro', thirty-one pounds thirteen shillings, 

IN THE COUNTY OF BARNSTABLE. 

Barnstable, one hundred thirty-two jDounds, 
Yarmouth, ninety pounds, . . . , . 
Eastham, one hundred and twelve pounds, . 
Sandwich, one hundred and ten pounds thirteen shil 
lings, ........ 

Falmouth, twenty-two pounds eight shillings, 
Manamoy, twenty-three pounds twelve shillings, 
Rochester, eighteen pounds one shilhng,- . 



£29 05. Od. 

29 10 

8 6 



362 14 

466 8 

321 16 

109 14 



60 
30 

86 
96 
36 

47 







4 

9 

3 

2 



80 15 

183 10 

182 13 

91 11 



138 15 
75 5 
21 5 



106 11 



167 11 

66 

83 15 

70 

31 13 



132 

90 

112 

110 13 

22 8 

23 12 
18 1 



IN THE COUNTY OF MIDDLESEX. 

Charlestown, three hundred and four pounds thi-ee 

shillings, 304 3 

Watertown, two hundred thirty-three pounds fifteen 

shillings, ......... 233 15 

Cambridge, one hundred and eighty pounds three 

shillings, 180 3 

Concord, one hundred and thirty pounds thirteen 

shillings, 130 13 

Woburn, one hundred seventy-six pounds five shillings, 176 5 



[2d Sess.] 



Province Laws. — 1694-5. 



179 



Marlboro', eighty pounds two shillings, 

Groton, fifty pounds, ...... 

Reading, one hundred and one pounds seventeen shil 
lings, ........ 

Chelmsford, ninety-one pounds three shillings, . 
Sudbury, one hundred and ten pounds five shillings, 
Maiden, one hundred pounds two shillings, 
Medford, thirty-three pounds seven shillings, 
Billerica, sixty-six pounds two shillings, 
Lancaster, thirty pounds fifteen shillings, . 
Stow, nineteen pounds [ten'] [eleven] shillings, . 
Newtown, ninety pounds seven shillings, . 
Sherbourn, fifty-four pounds seventeen shillings, 

IN THK COUNTY OF HAMPSHIRE. 

SiJringfield, one hundred nineteen pounds seventeen 

shillings, 

Northampton, one hundred and fifteen pounds thirteen 

shillings, ....... 

Hadley, seventy pounds three shillings, 
Hatfield, sixty-three pounds nine shillings, . 
Southfield, twenty-four pounds three shillings, 
Westfield, thirty-nine pounds fourteen shilhngs, 
Enfield, six pounds thirteen shilUngs, . 

IN THE COUNTY OF YORK 

York, twelve pounds, 

Wells, twelve pounds, .... 

Kittery, twenty-eight pounds, 
Isles of Shoales, twelve pounds, . 

IN THE COUNTY OF BRISTOL, 

Bristol, seventy-six pounds, . . . . . 76 
Taunton, one hundred thirty-one pounds sixteen shil- 
lings, 131 16 

Dartmouth, ninety-eight pounds three shillings, . . 98 3 

Freetown, twenty-one pounds one shilling, . . . 21 1 

Relioboth, one hundred and twenty pounds, . . 120 

Swanzey, eighty-four pounds fifteen shillings, . . 84 15 

Little Compton, fifty-one pounds two shillings, . . 51 2 

Tiverton, twenty-five pounds eleven shillings, . . 25 11 

Nantucket, ninety pounds, 90 

[on Martha's vineyard.] 

Edgar Town, forty-four pounds two shillings, . . 44 2 

Tisbury, thirty-one pounds thi-ee shillings, . . . 31 8 

Chilmark, thirty-one pounds three shillings, , , 31 3 

A7id be it further enacted hy the authority aforesaidy 

[Sect. 2.] That the treasurer do forthwith send his warrants unto jhe treasurer 
the assessors of each town and precinct aforesaid, that were lately forthwith to 
chosen by virtue of the before i-ecited act, reqiiiring them to assess the rants toVhe'' 
before mentioned sum set and proportioned upon such town or precinct, assessors, 
respectively (subducting therefrom the sum total of their hst already 
returned unto the treasurer), upon the polls and estate lying within 
such town or precinct, in manner following ; that is to say, two shil- 
lings on each poll qualified as in the said forerecited act is expressed, 
and the remaining part upon such ratable estate as in the said act is 



£80 


25. 


Qd. 


50 








101 


17 





91 


3 





110 


5 





100 


2 





33 


7 





66 


2 





30 


15 





19 


10 





90 


7 





54 


17 





119 


IT 





115 


13 





70 


3 





63 


9 





24 


3 





39 


14 





6 


13 





12 








12 








28 








12 









180 



Province Laws. — 1694-5. 



[Chap. 12.] 



Rule of the 

assessment. 



Lists of assess- 
ment to be 
transmitted 
unto the treas- 
urer at or be- 
fore the last of 
October. 



Constables and 
collectors to 
issue their 
accounts at or 
before the last 
of January. 



Penalty for as- 
sessors' neglect. 



Pay of assess- 
ors. 



Penalty for 
default in 
constables or 
collectors. 



particularized and set down, according to the several rates therein men- 
tioned, so often multiplied as to compleat their whole sum proportioned 
unto them. All goods, wares and merchandize imported, to he assessed 
at one penny on the pound towards this additional grant, any thing in 
the said act for excepting the same notmthstanding. 

[Sect. 3.] And where the assessors in any town or precinct have not 
already made and returned the list of their assessment unto the treas- 
urer, they are forthwith to attend the same according to the directions 
in the treasurer's warrant, formerly sent unto them, for the first part of 
their proportion, and the directions in this present act for the 
remainder. And the lists of this whole assessment so made and per- 
fected as aforesaid, are to be transmitted by the assessors in each town 
and precinct, and delivered unto the treasurer, at or before the last day 
of October next ensuing. 

[Sect. 4.] And the treasurer is hereby ordered to issue out his 
warrants directed to the constables or collectors of the several towns 
and precincts, requiring them forthwith to collect and gather the said 
assessments and pay in the same, unto himself, his successor or order, at 
or before the last day of January thence next following, by which time 
they are to make u^j and issue their accompts of the whole ; and for such 
towns and places as have not yet made any return, to pay in one-third 
part of their respective proportion, at or before the first day of Novem- 
ber, the time set by the former act, and the full remainder at or before 
the said last day of January next. 

[Sect. 5.] And if the assessors in any town or precinct shall neg- 
lect or fail of performing their duty or trust herein committed unto 
them, by not making or not returning of their lists within the time 
before prefixed, being thereof convicted before the court of general 
sessions of the peace within the same county, upon complaint made 
by the treasurer, or any on his behalf, they shall forfeit and pay unto 
their majesties, for the ends and uses for which this tax is granted, the 
full sum proportioned to such town or precinct, to be levied by distress 
and sale of such defective assessor's goods or estate. 

[Sect. 6.] And all assessors shall be paid by the treasurer of their 
respective towns, two shillings and sixpence per diem, each, for every 
day's time they spend in said service. 

And be it further enacted by the authority aforesaid, 

[Sect. 7.] That the treasurer, the assessors, constables and collec- 
tors in the several towns and precincts be, and hereby are, respectively, 
authorized and impowred to take, use, and exercise the same methods, 
directions and powers contained in the several sections and paragraphs 
in the said act, entituled "An Act for granting unto their majesties a 
tax of twelvepence a poll, and one penny on the pound for estates," 
for the collecting and gathering of the additional sum herein granted, 
and shall lye under the same obligation to duty, and sufier the like 
penalties in case of default, as is thereto respectively annexed. 
[Passed September 14 ; published September 22. 



[2d Sess.] Province Laws.— 1694-5. 181 



CHAPTER 13. 

AN ACT FOR GRANTING A TOWNSHIP IN THE COUNTY OF BARNSTABLE, 
TO BE CALLED HARWICH. 

Whereas there are a competent number of inhabitants already 
settled upon that tract of land commonly called and known by the 
name of Satuckett, within the county of Barnstable, containing a 
sufficient quantity of land, and lying convenient for a township, 
therefore, for encouragement of the said settlement, — 

It is enacted bi/ the Governour, Council and JRepresentatives in Gen- 
eral Court assembled, and by the authority of the same, 

That all the said lands lying betwixt the bounds of the town of 
Yarmouth upon the west, and the town of Estham on the east, run- 
ning from the head of Bound Brook to the head of Namskeket, about 
ten miles in length, and about seven miles in breadth, extending from 
sea to sea, be and henceforth shall be a township, the town to be called 
Harwich, and shall have and enjoy all such immunities, priviledges and 
I^owers as generally other towns within this jirovince have and do by 
law enjoy : provided, it doth not intrench upon former grants referring 
to townships. And that for all arrears of publick taxes, and for the 
late tax and addition thereto now granted by this court, the inhab- 
itants of said place do remain and continue under the same regula- 
tions, directions and officers as before the making of this act. \_JPassed 
September 14 ; published September 22. 



CHAPTER 14. 



AN ACT TO RESTRAIN THE EXPORTATION OF PITCH, TAR, ROZIN, PLANK 

AND SHIP TIMBER. 

Wheeeas his majesty has signijSed his pleasure that a tryal be made 
of the stores, raysed within these parts of his dominions, for the furnish- 
ing of his royal navy, to the intent, therefore, that satisfaction be given 
unto his majesty herein, — 

Be it enacted by the Governour, Council and Mepresentatives in Gen- 
eral Court assembled, and by the authority of the same, 

That from and after the first day of October next, no person or per- 
sons whomsoever, shall carry, convey or transport, by land or water, or 
lade and put on board any ship or other vessel whatsoever, or into any 
cart or other carriage, with intent to carry, convey or transport, any 
pitch, tar, rozin, j^lank or ship timber, out of this i^rovince, other than 
by sj^ecial licence of the governour and council, or for the necessary 
stores of merchant's ships or vessels, on pain of forfeiting all such pitch, 
tar, rozin, plank and ship timber, and the ship or vessel with all the 
tackling, apparrel, furniture and appurtenances to her belonging, in 
which any pitch, tar, rozin, plank or ship timber shall be so laden and 
put on board for transportation ; the one moiety thereof unto their 
majesties, for and towards the support of the goverament of the province, 
and the other moiety to him or them who shall infoiin and sue for the 
same, in any court of record within this province, by bill, plaint or 
information. And all officers imploycd in and about the impost, are 
hereby ordered and authorized to take care that this act be duely 
observed : promded, that this act shall continue in force unto the end 
of the session of this court in May next, and no longer. \_Passed 
and published September 22. 



183 Province Laws.— 1694-5. [Chap. 15.] 



ACTS 

Passed at the Session begun and held at Boston, 
THE Sixteenth day of October, A.D. 1694. 



CHAPTER 15. 

AN ACT TO ENABLE TOWNS, VILLAGES AND PROPRIETORS IN COMMON 
AND UNDIVIDED LANDS, &c., TO SUE AND BE SUED. 

9 Gray, 611. Whereas, amongst other things in their majesties' royal charter for 

incorporation of this province, it is contained and granted in these 
Ante, p. 9. words following ; that is to say, " Provided, nevertheless, and we do 
for ns, our heires and successors, grant and ordain that all and every 
such lands, tenements and hereditaments, and other estates, which any 
person or persons, bodys politique or coi'porate, towns, villages, col- 
ledges or schools, do hold and enjoy, or ought to have, hold and enjoy 
within the bounds aforesaid, by or under any grant or estate duely 
made or granted by any general court formerly held, or by virtue of 
the letters patents herein before recited, or by any other lawful right or 
title whatsoever, shall be by such person or persons, bodys politique 
and corporate, towns, villages, colledges or schools, their respective 
heires, sviccessors and assigns, for ever hereafter, held and enjoyed 
according to the puiport and intent of such respective grant, &c.;" 
1692-3, chap. 28, cind whereas, by one act of the general court, intituled " An Act for 
§ 3. the regulating of townships, &c.," amongst other things it is enacted 

that the proprietors of the undivided or common lands Avithin each town 
or precinct in this province, where the same have been heretofore 
stated, each one's proportion being knoAvn, shall and hereby are 
impowred to order, improve or divide, in such way and manner as shall 
be concluded and agreed upon by the major part of the interested ; 
and the proprietors of all undivided or common lands not stated and 
proportioned as aforesaid, shall and hereby are impowei'cd to manage, 
improve, divide and dispose of the same as hath been or shall be con- 
cluded and agreed on by the major part of such proprietors ; now for 
the better enabling the said persons, towns, villages, trustees for 
schools and proprietors aforesaid, to manage, maintain, recover and 
defend their grants, lands, interests, and estates, — 

Me it enacted and declared by the Governour, Council and Represen- 
tatives in General Court asseiinhled, and by the authority of the same, 
Persons, towns, [Sect. 1.] That it shall and maybe lawful for all and every the said 
s^^^/defend*" persons, towns, villages, precincts, trustees for schools, and proprietors 
in any court, in common and undivided lands, grants, and other estates or interests 
whatsoever, to sue, commence and prosecute any suits or actions, in 
any coin-t proper to try the same, either by themselves or their agents or 
attourneys, to be appointed by such as have in them the major part of 
the interest ; and in like manner to defend all such suits and actions 
as shall be commenced against them or any of them. 



[3d Sess.] Province Laws.— 1G94-5. 183 

And further be it enacted by the authority aforesaid, 

[Sect. 2.] That all and every town, village and precinct, and pro- Towns, viUa- 
prietors in common or undivided lands, which shall have occasion to fhoose agents 
sue or shall be sued, may at a meeting of the inhabitants of such town, or attorneys to 
village or precinct, or proprietors aforesaid, orderly warned, by the or*deftndthem. 
major vote of such as shall meet, chose agents or attourncys to prose- 
cute for or defend them ; such choice being certified by the clerk of 
such town, village, precinct or proprietors, or by such other person as 
they shall appoint. 

[Sect. 3.] And when any town, village, precinct or proprietors How summons 
aforesaid, shall be sued, it shall be sufficient notice to oblige them to toobiige^towns. 
appear and answer, to leave a writt or summons with their clerk, or &c., to answer.' 
other principal inhabitant or propiietor (briefly declaring the case), 
fourteen days before the sitting of the court where the case is to be 
heard, as in other actions is provided. \_Passed October 25 ; published 
October 31. 



CHAPTER 16. 

AN ACT FOR REGULATING FERRIES. 



To THE intent that all femes within this province be duely kept and 
constantly attended for the ends Avhereunto they are appointed, — 

JBe it enacted by the Govemour, Council and Ite2)resentatives in 
General Court cissemhled, and by the authority of the same, 

[Sect. 1.] That henceforth no person or persons whatsoever shall Ferrymen to be 
attempt to keep a ferry (so as to demand pay), without special licence qSe^ ses-^^ 
first had and obtained from their majesties' justices in quarter sessions sions. 
[o/] [for] that county where such ferry is ; who are hereby impowred 
to grant licences to such i:)ersons as they shall judge meet for that ser- 
vice, in their respective counties, and to state the fare or j^rices of each 
fen-y, both for man and beast, according to the nature and breadth of 
such river or water they are to pass over, taking bond of each fen-yman —to give bond, 
for the faithfull discharge of his place (except such ferries as are already 
stated and settled, either by the court or towns to whom they apper- 
tain). And all feiTpnen are hereby enjoyned to keep a good boat or Penalties for 
boats, in good repair, suitable to the waters they are to ferry over, and and notk«;ping 
also to give ready and due attendance on passengers upon all occasions, good boats, 
on i:)enalty of five shillings for every default of non-attendance ; and 
for want of a good boat kept in good repair, to pay five pounds ; the 
one-half to their majesties, for and towards the support of the govern- 
ment, the other half to him or them that shall infoim and sue for the 
same before a justice of the peace or at the quarter sessions respec- 
tively, besides what damage may accrue to any person through the 
ferryman's default. 

And further it is enacted, 

[Sect. 2.} That the general post that is settled for their majesties' Penalty for 
and the countrye's service be readily dispatched and set over by all poitf"*^*^^ 
fenymen where they shall come, without any delay. And if any ferry- 
man shall be complained of and duely convicted, before any justice of 
the peace, for delaying any post and not forthwith fenying of him 
over, he shall forfeit the sum of tAventy shillings unto their majesties, 
for and towards the support of the government. 

[Sect. 3.] And that boats be constantly kept on either side of the Assembly-men 
water at Charlestown FeiTy, for the more speedy transportation of f°Q^^^^ I'errage 
passengers ; the ferrymen on each side to have a separate interest, and 
that the ferry be not from henceforth leased out othei-wise. And all 



184 Province Laws.— 1694-5. [Chaps. 17,18.] 

the members of the general assembly shall be ferrage free at all ferrys, 
in theh- passing to and from the assembly, and shall be transported 
without any unnecessary delay, on pain of forfeiting twenty shillings 
as abovesaid. \_Passed October 25 ; piiblisTied October 31. 



CHAPTER 17. 

AN ACT FOR GRANTING A TOWNSHIP WITHIN THE COUNTY OF BRISTOL 
TO BE CALLED ATTLEBOROUGH. 

Whereas there is a certain tract of laud commonly called by the 
name of the North Purchase, lying within the county of Bristol, con- 
taining, in length, about ten miles, from Patucket River to the bounds of 
Taunton, and extending about eight miles, in breadth, from the line or 
boundary betwixt the two late colonies of Massachusetts and Ply- 
mouth, to the bounds of the town of Rehoboth, being a convenient tract 
for a township, and more than thirty families already settled thereupon ; 
for the better encouragement and settlement of the said plantation, — 

IBe it enacted by the Governom\ Council and Representatwes in 
General Court assembled, and by the authority of the same, 

That henceforth the said tract of land as above described, and 
bounded by the townships of Taunton and Rehoboth (no ways to 
intrench upon either of their rights), be and shall be a township, and 
called by the name of Attleborough, and shall have and enjoy all such 
immunities, priviledges and powers as, generally, other towns within 
tills jorovince have and do by law enjoy : provided, that it be not in 
prejudice of any former grant : — 

jProvided, also, that the inhabitants of said place do continue under 
the power and directions of the selectmen, assessors and constables of 
Rehoboth (whereto they were formerly annexed), as well referring unto 
any assessments and arrears thereof, as all other things proper to the 
duty of selectmen, assessors and constables, respectively, until they are 
supj)lied with such officers among themselves, according to the direc- 
tions in the law in that case made and provided. [^I^assed October 19; 
published Ocotober 31. 



CHAPTER 18. 



1692-3, chap. 33. AN ACT IN FURTHER ADDITION TO THE ACT FOR ESTABLISHING OF JUDI- 
CATORIES AND COURTS OF JUSTICE WITHIN THIS PROVINCE. 

DisaUowed by Whereas, by the Said act, amongst other things therein contained, 

the privy coun- it is granted that it shall be in the libertj'" of the party cast in any of 

ci Dec. 10,1696. ^j^g inferiour courts to appeal from the verdict and judgment there 

given, unto the next superiour court to be held within or for the same 

county, the case there to be tryed to a final issue ; upon experience of 

sundry inconveniences arising by so conclusive a determination, — 

Jt is enacted by the Governow, Council and Representatives in 
General Goiirt assembled, and by the authority of the same. 
Review of [Sect. 1.] That it shall and may be lawful for either party, appellant 

Buperior court, or defendant, that, since the making of the said act, hath been, or at 
any time hereafter shall be agrieved by any verdict and judgment 
given in any superiour court of judicature within this jDrovince, within 
the space of eighteen months next after such judgment given, and not 
afterwards, to review such action by process out of the same court, 



[3d Sess.] Province Laws. — 1694-5. 185 

once and no more ; the case, upon such action of review, to be finally 
issued and determined : saving, always, a right of appeal unto their 
majesties in council, in such cases only as the law has provided for. 

And Avhereas by the said act the bringing of a writt of error is 
limited to ten dayes after judgment given, — 

He it enacted, 

[Sect. 2.] That it shall be allowable for any party, in pursuance of Twenty days 
said act, to bring his writt of eiTor at any time within the space of bring a writ of 
tAventy days next after such judgment given ; any law or usage to the *^"°''- 
contrary notwithstanding. 

And he it further enacted by the authority aforesaid, 

[Sect. 3.] That attourneys' fees to be allowed at the superiour Attorney's fees, 
court of judicature, shall be twelve shillings, and, at the inferiour 
court, ten shillings, and no more ; and but one attourney to be paid for 
in any case ; and not any allowance to an attourney in any case before 
a justice of the peace; and that the fee for a writt, in any case to be Justice's fee 
tryed before a justice of the peace, shall be one shilling; and for serving ^^^ a writ, &c. 
of said Avritt, one shilling, and no more ; any law, usage or custom to the 
contrary notwithstanding. \_Passed October 22 ; j^^^^^ished October 31. 

" — whereas the Acts entituled An addition to the Act for establishing Judicatories and Court® 
of Justice within this Province," [1693-4 chap 11,] "An Act of supplement and addition to 
severall Acts and Laws of this Province," [1693-4, chap. 20,] "And an Act in further addi- 
tion to the Act for establishing of Judicatories and Courts of Justice within this Province, Do all 
of them either wholly or in part derive from or depend upon a former Act past in the j-ear 
1G92, entitled An Act for the establishing of Judicatories and Courts of Justice within this 
Province," [1692-3, chap. 33, a7i(e,] "which has already been repealed, "We are humbly of 
opinion that these also be repealed." — Opinion of the Lords of Trade to the King in Council, 
X'ec. 10, 1G96. 



CHAPTER 19. 

AN ACT FOE PAYMENT OF THE PROVINCE DEBTS. 

Whereas this province is indebted to sundry persons considerable 
sums of money taken up upon loan at interest, for the jjayment and 
discharge of which debts, and to no other end, until the same be fully 
satisfied, Ave, the representatives of their majesties' province of the 
Massachusetts Bay in ISTcav England, in general court assembled, do 
grant unto their most excellent majesties, to the end before mentioned, 
a rate or tax of four thousand eight hundred and forty-one pounds ten 
shillings, in money. 

And be it enacted by the Governoiir, Council and Representatives in 
General Court assembled, and by the authority of the same, 

[Sect. 1.] That the said sum of four thousand eight hundred and 
forty-one pounds, ten shillings, be proportioned upon the several towns 
and precincts within this province in manner foUoAving ; that is to say, — 

IN THE COUXTY OP SUFFOLK. 

Boston, nine hundred and nineteen jiounds, . . , £919 Qs. 0(?. 

Roxbury, eighty-seven pounds, . . . . . 87 

Dorchester, one hundred tAventy-four pounds, . . 124 

Milton, forty-four pounds, . . . . . . 44 

Brantrey, scA^enty pounds, 70 

Weymouth, sixty pounds, 60 

Hingham, eighty jDounds, 80 

Dedham, sixty-four pounds, 64 

Medfield, thirty-six poimds, 36 

Wrentham, fifteen pounds, . . . . . . 15 

Mendon, fifteen jDounds, 15 

Hull, twenty-one pounds ten shillings, . , . . 21 10 
24 



186 



Province Laws. — 1694-5. 



[Chap. 19.] 



IN THE COUNTY OF SnDDLESEX 

Chai-lestown, one hundred :ind sixty pounds, 

Watertown, one hundred and twenty pounds, 

Cambridge, ninety-five pounds, 

Concord, sixty-eight pounds, 

Woburn, ninety pounds, 

Marlborough, forty-one pounds, 

Groton, fifteen pounds, . 

Readmg, fifty-three pounds, 

Chelmsford, forty-six pounds, 

Sudbury, fifty-seven jiounds, 

Maiden, forty-eight pounds, 

Medford, seventeen pounds, 

Billerica, thirty-four pounds, 

Lancaster, fifteen pounds. 

Stow, ten pounds, . 

Newtown, forty-seven pounds, 

Sherborne, twenty-eight pounds, 

IN THE COUNTY OP BEISTOL. 

Bristol, thirty i)ounds, 
Taunton, sixty-seven povmds, 
Dartmouth, fifty-two pounds, 
Freetown, twelve pounds, 
Rehoboth, forty-four pounds, 
Swanzey, fort3^-four pounds. 
Little Compton, twenty-seven pounds, 
Tiverton, fourteen pounds, 
Attleborough, twelve pounds,. 

ON maetha's vineyard. 
Edgar Town, twenty-three pounds, 
Tisbury, sixteen pomids, .... 

Chilmark, sixteen pounds, .... 

Nantucket, forty-five pounds, 

IN THE COUNTY OP ESSEX. 

Salem, one hundred and ninety pounds, 
Ipswich, two hundred thirty-three pounds, 
Newberry, one hundred sixty-one pounds, 
Salisbury, thirty pounds, 
Aimsbury, fifteen pounds, 
Haverhill, forty-three pounds, 
Andover, forty-eight pounds, 
Bradford, eighteen pounds, 
Boxford, twenty-four pounds, 
Topsficld, forty pounds, . 
Marblehead, ninety-tAvo pounds, 
Lynn, ninety-tAVO pounds, 
Wenham, thirty-six pounds, . 
Beverly, sixty-seven pounds, . 
Glocester, forty pounds, . 
Manchester, ten jjounds, 
Rowley, fifty-five pounds, 

IN THE COUNTY OF HAIIPSHIRE. 

Springfield, sixty-two pounds, .... 
Northampton, fifty-eight pounds, .... 



£160 


Os. Od. 


120 








95 








68 








90 








41 








15 








53 








46 








57 








48 








17 








34 








15 








10 








47 








28 








30 








67 








52 








12 








44 








44 








27 








14 








12 








23 








16 








16 








45 








190 








233 








161 








30 








15 








43 








48 








18 








24 








40 








92 








92 








36 








67 








40 








10 








55 








62 








58 









[3d Sess.] 



Province Laws. — 1694-5. 



187 



Haclley, thirty-six pounds, 
Hatfield, thirty-two pounds, 
Southficld, twelve pounds, 
Westfield, twenty pounds, 
Enfield, three pounds, . 



£36 Os. Od. 

32 

12 

20 

3 



IN THE COinSTTY OF rLYMOtTTn, 

Plymouth, fifty-five pounds. 
Situate, eighty-two pounds, . 
Duxhury, thirty-three pounds, 
Marshficld, forty-five pounds, 
Bridgewater, thirty-five pounds, . 
Middleborough, sixteen pounds, . 

IN THE COUNTT OF BARNSTABLE. 

Barnstable, sixty-four pounds, 
Yarmouth, forty-two pounds, 
Eastham, forty-four pounds. 
Sandwich, fifty-two pounds, 
Falmouth, eleven pounds, 
Manamoy, ten pounds, 
Rochester, eleven pounds, 
Harwich, sixteen pounds, 



55 

82 

33 

45 

35 

16 



64 

42 

44 

52 

11 

10 

11 
16 



IN THE 

York, six pounds, 
Wells, six pounds, 
Kitterjr, twelve pounds. 
Isle of Shoals, three pounds, 



COITNTY OP YOEK. 



6 

6 

12 

3 



And be it further enacted hy the authority aforesaid, 
[Sect. 2.] That the treasurer do send forth his waiTants unto the 
selectmen or assessors of each town and precinct aforesaid, at or before 
the last day of March next, requiring them to assess the aforemen- 
tioned sum set and proportioned to such town or precinct, respectiAcly, 
upon the polls and estate wdthin the same, in manner following; 
that is to say, two shillings on each poll qualified as in a fonuer act of 
this court, made and passed at their session [s] begun and licld the 
thirtieth day of May last, entituled " An Act for granting unto their 
majesties a tax of twelvepence a poll, and one penny on the pound for 
estates;" and the remaining part to complcat their said proportion 
upon all ratable estate, without any exception, according to the valua- 
tion[s] in said act mentioned ; and to transmit and cause to be delivered 
unto the treasurer the lists of their assessment so made and perfected, 
at or before the sixteenth day of April following, together with the 
names of the constables or collectors of such town or place for that 
year. And the treasurer is hereby further impowred and ordered to 
issue out his Avarrants, directed unto the constables or collectors of the 
several towns and precincts aforesaid, requiring them to collect and 
gather the said assessment, and pay in the same unto himself, his succes- 
sor or order, at or before the last day of June thence next ensuing, by 
which time they are to make up and issue their accompts of the same. 
And it isfurtJier enacted by the authority aforesaid, 
[Sect. 3.] That the treasurer, selectmen or assessors, constables 
and collectors, in the several towns and precincts, be and hereby are 
respectively authorized and impowred to take, use and exercise the 
same methods, directions and powers contained in the several sections 
and paragraphs in the afore-recited act for the levying, collecting and 
gathering of this present tax or assessment, and shall be under the 



Treasurer to 
issue forth his 
warrants at or 
before the last 
day of March. 



Rule for the 
assessment. 

1694-5, chap. 2. 



To be paid in 
and accounts 
thereof issued 
by the last day 
of June. 



Treasurer, &c.| 
power. 



188 



Province Laws. — 1694-5, 



[Chap. 20.] 



Penalty. 



Treasurer to 
issue fortli 
three thousand 
pounds in bills 
of credit. 
1693-4, chap. 13. 



Injunction 
upon select- 
men, assessors 
and constables, 
&c., that have 
not attended 
their duty. 



Provision 
where consta- 
bles or collec- 
tors are dead. 



same obligation to duty, and suffer the forfeitures and penalties in case 
of default, as is thereto respectively annexed. 

And be it further enacted by the authority aforesaid, 
[Sect. 4.] That the treasurer be and hereby is impowred to issue 
forth and pay a certain number of the bills of credit of the late 
colony of Massachusetts, endorst in manner as is directed by the act 
entituled "An Act for a present supply of the treasuiy," to the sum of 
three thousand pounds, and no more, towards the payment of said 
debts ; which bills shall pass out of the treasury at the value therein 
expressed : the treasurer to have credit in his accompt after the rate 
of five pounds percent more for such sum[s], in said bills, as he shall so 
issue forth as aforesaid, having been received into the treasury at that 
value ; and the said bills shall be taken and accejDted in all publick pay- 
ments, with the advance of twelvepence on the pound over and above 
the sum therein expressed. And this present tax is hereby granted as 
a fund for the repayment of all such sums, in said bills, as shall be in the 
hands of particular persons, in currant money of this province. 
A7id further it is enacted by the authority aforesaid, 
[Sect. 5. j That in all towns or precincts where there has been an 
omission or neglect of assessing their proportion to any publick tax 
heretofore granted as by any former act of this court they were 
enjoyned, the selectmen or assessors of such town or precinct, that then 
were, or the major part of them, shall forthwith attend their duty in 
that respect, and make the said tax or assessment, and commit the 
same unto the constables or collectors that then were, on pain of 
forfeiting unto theii* majesties the sum of twenty jDOunds, by each per- 
son that shall be duely convicted of neglect or refusal, upon complaint 
or information of the treasurer unto the court of general sessions of 
the peace, held for that county ; and such constables or collectors as 
then were, shall be and hereby are obliged to collect and gather in the 
same tax or assessment, the treasurer to enable and impower them 
thereto by his warrant, containing the usual powers and authorities, 
and shall have and receive as a gratification, for their trouble and 
service therein, sixpence on the pound for all sums which they shall so 
collect, to be paid unto them or recovered by action from the select- 
men or assessors who formerly omitted or neglected their duty. 

[Sect. 6.] And where any constables or collectors in any town are 
dead before their perfecting of the collection of any publick assessment, 
the selectmen of such town shall procure and a2:)point, at the town's 
charge, some other fit person or persons to perfect the same collection, 
and present their names unto the treasurer, who is hereby authorized 
to enable and impower them thereto by granting them a warrant. 
{jPassed October 27; pid}lished October 31. 



CHAPTER 20. 



AN ACT FOR PAYMENT OF FIVE HUNDRED POUNDS TO HIS EXCELLENCY. 



JBe it enacted by the Governour, Council and B,epresentatives in Gen- 
eral Court assembled, and by the authority of the same. 

That there be paid out of the publick treasury of this province, to his 
Excellency, S"' William Phips, K"', for his great service in the govern- 
ment this present year, the sum of five hundred pounds. [JPassed 
October 27, 1694. 



[4th Sess.] Province Laws. — 1694-5. 189 



ACTS 

Passed at the Session begun and held at Boston, 

ON the Twenty-seventh day of February, 

A.D. 1694-5. 



CHAPTER 21. 

AN ACT FOR REVIVING OF ACTIONS AND PROCESS LATELY DEPENDING IN 
THE SUPERIOUR COURT OF JUDICATURE, COURT OF ASSIZE AND GEN- 
ERAL GOAL DELIVERY WITHIN THE COUNTY OF ESSEX, AND DISCON- 
TINUED BY THE NOT HOLDING OF THE SAID COURT AT SALEM UPON 
THE SECOND TUESDAY IN NOVEMBER, 1694. 

Wheebas, by reason of sickness and other more weighty occasions 
of the province intervening, the superiour court of judicature, court of 1692-3, chap. .33, 
assize and general goal delivery could not be held and kept at the ^ '' 
time prefixed by law for the sitting of the same, at Salem, within the 
county of Essex, upon the second Tuesday in November, in the year of 
our Lord one thousand six hundi'ed ninety and four, for which, if due 
provision be not made, gi-eat delay of justice and consequently great 
expences to the suitors in the said court will ensue, therefore, for the 
continuing and reviving all manner of actions or pleas lately depending 
and all manner of process that were returnable or dej^ending in the said 
court, and which were discontinued and put without day by the not 
holdmg the said court, — 

JBe it enacted hy the Lieutenant Governour, Council and Represen- 
tatives in General Court assembled, and hy the authority of the same, 

[Sect. 1.] That all pleas, writts, actions, suits, plaints, process, pre- 
cepts or other things whatsoever, that were returnable or had day or 
days in the said superiour court of judicature, or assize and general 
goal delivery, to have been holden and kept as aforesaid, shall stand 
continued and be revived, and are hereby continued and adjourned 
unto, and shall and may be pleaded, heard and proceeded upon at the 
next sujieriour court of judicature, court of assize and general goal 
delivery within the said county of Essex, to sit at Ipswich on the third 
Tuesday in May next ensuing ; and that all j)arties that had day by 
any pleas, writts, bills, actions, suits, plaints, process, precej)ts or other 
thing or things whatsoever, at or in the said court to have been kept 
at Salem as aforesaid, shall respectively appear at the said next court 
to be holden at Ipswich, under the penalty of forfeiting any obliga- 
tions or recognizances conditioned for the appearance of the said par- 
ties at the aforesaid court in Salem, or under any other penalty that 
might have incurred upon the said parties for not apj^earing at the 
said court in Salem, if the same had been there holden and kept : 2^^o- 
vided, tievertheless, and it is not to be understood by anything herein 
contained, that the jurors chosen and summoned to serve at the said 
court in Salem are obhged to appear and serve at the said court to sit 
at Ipswich, but that new jurors shall be chosen to serve at said court as 
of course. 



190 Province Laws.— 1694-5. [Chap. 22.] 

Provided, also, that where it hapi:)ens any person or persons, being 
piincipals, that Avere under bond, obligation or recognizeance for appear- 
ance at the said court to have been hohlen at Salem, are, since that, 
removed and gone beyond sea or out of this province, and shall not be 
returned before the sitting of the next court to be held at Ipswich, it 
shall be in the power of the court sitting at IpsAvieh, upon motion made 
on that behalf, and they are accordingly to allow a continuance of any 
such l^ond, obligation or recognizeance to such further time as shall be 
thought necessary ; that no person concerned may be sui-prized or have 
advantage unreasonably taken against them. 

And be it further enacted by the authority aforesaid, 
Power for [Skct. 2.] That when and so often as it shall happen the superiour 

adjourning of court of judicature, court of assize and general goal delivery, or the 
inferiour court of pleas in any of the respective counties within this 
province cannot be held and kept on the day by law prefixed for hold- 
ing of the same, by reason of death or sickness befalling any of the jus- 
tices of such court, or any providential, necessary and unavoidable let or 
hindrance of their attendance, it shall and may be laAvful to and for any 
two of the justices of such court, respectively, by writt under their hands 
and seals, directed unto the sheriff of the county, therein inserting the 
occasion thereof, to adjourn the said court unto a further day, as in the 
said writ shall be expressed, at as little distance of time as possibly may 
be from the day Avhereon by law the court should have sat, that so jus- 
tice be not deferred or delayed ; and the sheriff, upon receipt of said 
writ, shall cause publication to be made of the same at the usual place 
of tlic said court's sitting, and some other of the most publick places 
within the same county, and also to cause a signification of such 
adjournment, and the time unto which it is made, to be posted up at or 
near the house or place Avhere the said court uses to sit, and other pub- 
lick places as aforesaid, to the intent that unnecessary travail, charge 
and attendance of all persons concerned may be prevented, and the 
sherift* is to return such Avrit with his doings thereon into the clerk's 
oflice of such court ; and all pleas, Avrits, actions, suits, plaints, process, 
precepts, recognisances and other thing and things, whatsoever, return- 
able or having day or days in said court, shall stand, abide and continue 
unto the said adjournment, and be held, deemed and adjudged to be 
as good, eftectual and available in laAv, to all intents, constructions and 
purposes, as if such court had been held and kept on the day by law 
for holding of the same and no adjournment thereof had been made. 
[Passed March 6, 1694-5 ; puUished March 16, 1694-5. 



CHAPTER 22. 

AN ACT FOR THE MORE EFFECTUAL SUPPRESSING OF DRUNKENNESS, AND 
PUTTING IN EXECUTION THE LAWS AGAINST SUCH AS SHALL PRESUME 
TO SELL STRONG DRINK WITHOUT LICENCE. 

1692-3, chaps. 20, WiiEREAS, divcrs pcrsous that obtain licence for the retailing of wine 
and 22. cy^^ strong liquors out of doors only, and not to be spent or drank in 

their houses, do, notwithstanding, take upon them to give entertainment 
to persons to sit drinking and tipling there, and others who have no 
licence at all are yet so hardy as to run upon the law, in adventuring to 
sell Avithout, tending to the great increase of drunkenness and other 
debaucheries, such houses not falling under the inspection of ofllicers as 
those that are licensed, — 



[4th Sess.] Province Laws. — 1694-5. ~ 191 

Be it therefore enacted hy the Lieutenant Governour^ Council and 
He^Ji'esentatives in General Court assembled^ and hy the authority of 
the same, 

[Sect. 1,] That from and after the publication hereof, every jjerson Retailers to scu 
and persons now licensed or that ghall hereafter obtain licence to retail "f drink than 
wine and strong liquors to be spent out of doors and not otherwise, what they are 
who shall be convicted of entertaining oi- suftcring any person or per- to^'uffer^per-*''' 
sons to sit drinking or tipling in their houses, cellars, backsides, or ?o»f *» ^^^^ 
within any of the dependencies of such houses, or of selling any other &c. ' 

sort of drink than what they have licence for, shall incur and suffer the 
like penalties and forfeitures as may by law be inflicted upon persons 
selling without licence, to be recovered and imployed in manner as by 
said law is directed. 

[Sect. 2,] And all oflicers, as well grand jurors, constables, tything Officers to in- 
meu, as the officers imi^loyed in and about the collecting of the excise, hous*es^and*to 
are hereby authorized and required diligently to see that this act be present such as 
duely observed, and to present and inform of all breaches of the same, ^^^^ without. 
either at the court of general sessions of the peace, or to some justice of 
the i:»eace, who are hereby respectively impowred to hear and deter- 
mine the said offence according to law, as also alike to present or infonn 
of any that shall presume to sell any sort of strong drink without licence ; 
and it shall and may be lawful to and for any of the aforesaid officers, 
respectively, ex officio, to enter into and inspect the house of any person 
liaving once been convicted of selling without licence, as they may by 
law into licensed houses ; and if any of the before mentioned officers shall Penalty for 
be convicted of taking or receiving any bribe, fee or reward, directly or bribT&f.*'"^ 
indirectly, to connive at, conceal, or not to present or inform against 
any person or persons being licensed to retail for spending out of doors 
only, that shall suffer persons to drink or tipple in their houses or any 
[q/'j the dependencies thereof, or for any others who shall presume to 
sell without licence, every officer so offending shall forfeit and jDay 
three times the value of all and every such sum and sums by him 
received as a bribe, fee or reward, one moiety thereof unto their majes- 
ties, for and towards the support of the government, and the other 
moiety to him or them that shall inform and sue for the same in any of 
their majesties' courts of record ; and if such officer be one that be 
imployed about the excise, over and above the forfeiture aforesaid, he 
shall, ^):>so facto, be discharged of and from his said office, and be ren- 
dred uncajDable to be imployed in any publick service as an officer, by 
the space of three years next following. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That if any person licensed as a tavemer, innh older or License to be 
retailer of wine and strong liquors out of doors, shall transgress this act forfeited upon 

11 f.1 *.^ ■^ f ^ t • P ^ 1 ^ third convic- 

or any other law oi the province made tor the regulation oi such houses, tiou. 
in any of the particulars therein mentioned, and shall be more than 
twice convicted of such breach of law within the compass of one year, 
every person so offending, over and above the penalty in the law for 
such transgression, shall forfeit his or her licence, not to be renewed 
again by the sj^ace of three years next following. 

[Sect. 4.] And if any person or persons duely convicted of the persons unable 
breach of law in any of the particulars herein before mentioned, or for °J ."af ^'ik-I"" 
selling without licence, shall be unable or neglect to pay and satisfy the flnehow to be 
line imposed by law for such transgression, it shall and may be lawful P""'^^!*^'^- 
to and for the court or justice before whom the conviction is, to order 
such person or jjersons either to stand committed to the goal of the 
county by the space of twenty dayes without baile or mainprize, or to 
be set in the cage or stocks, to remain there not exceeding the space of 
three hours. 



192 Peovince Laws. — 1694-5. [Chap. 23.] 

And it is further enacted hy the authority aforesaid, 
Selectmen to [Sect. 5.] That the selectmen in each town shall cause to be posted 

cause reputed ^^p in all publick hotiscs withui such town a list of the names of all per- 
fo be'^p^osted^ip! SOUS reputed drunkards or common tij^lers, mispending their time and 
Penalty on the estate in such houses ; and every keeper of such house, after notice 
lie "house"^ ^v-^" gi^cu him as aforesaid, that shall be convicted, before one or more jus- 
ing them enter- ticcs of the peace, of entertaining or suiferiug any of the persons 
1692™? di'ap. 18, named in such list to drink or tipple in his or her house or any [o/] 
§ 2. ' the dependencies thereof, shall forfeit and pay the sum of twenty shil- 

lings, one moiety thereof to him or them who shall inform of the same, 
and the other moiety to and for the use of the poor of the town where 
such offence shall be committed. \_Fassed March 2, 1694-5 ; published 
March 16, 1694-5. 



CHAPTER 23. 



AN ACT FOR PREVENTING OF MEN'S SONS OR SERVANTS ABSENTING 
THEMSELVES FROM THEIR PARENT'S OR MASTER'S SERVICE WITHOUT 
LEAVE. 

Whereas complaint has been made by sundry inhabitants of this 
province, that they have sustained great damage by their sons and ser- 
vants deserting their service without consent of their parents or mas- 
ters, being encouraged to enter themselves on board of private men of 
war, or merchants' ^hips, and there entertained ; for redress whereof, — 
JBe it enacted hy the Lieutenant Governour, Council and Represen- 
tatives in General Court assembled, and hy the authority of the same, 
Penalty on [Sect. 1.] That no commander of any private man of war, or mas- 

m™terf*iT ^^ ^61' *^f ^^y merchant ship or vessel, coming into, tarrying or abiding in, 
ships, &c., for or going forth of any port, harbour or place within this province, shall 
men's sons Ir rcceivc, harbour, entertain, conceal or secure on board such_ ship or 
servants with- other vcsscl, or Suffer to be there harboured or [enter] [c7e]tained any 
out leave. jxian's SOU, being under age, or apprentice, or covenant servant (know- 

ing him to be such, or after notice thereof given), without licence and 
consent of his parent or master, in writing, under his hand, first had 
and obtained, on pain of forfeiting the sum of five pounds per week ; 
and so proportionably for a longer or shorter time that any son, appren- 
tice or servant shall be held, harboured, concealed or detained on board 
any such ship or other vessel as aforesaid, without licence and consent 
as aforesaid ; the one moiety thereof unto their majesties, to be iraployed 
towards the support of the government of the province, and the other 
moiety unto the parent or master of such son, apprentice or servant, that 
shall inform and sue for the same in any of their majesties' courts of 
record within this province, by bill, plaint, or infonnation, wherein no 
essoign, protection or wager of law shall be allowed. 
And be it further enacted hy the authority aforesaid. 
Penalty on ser- [Sect. 2.] That every apprentice or covenant servant who shall 
vants deserting unlawfully absent himself fi-om his master, and enter himself on board 
servic™^^^^"^'^ any ship or vessel as aforesaid, with intent to leave his master's service, 
or continue there more than the space of twenty-four hours, and be 
thereof convicted before their majesties' justices in general sessions of 
the peace within the same county, shall forfeit unto his master such 
further service, from and after the expiration of the term which his said 
master had in him at the time of his departure, as the said court shall 
order, not exceeding one year. \_Passed March 14, 1694-5 ; published 
March 16, 1694-5. 



[4th Sess.] Province Laws. — 1694-5. 193 



CHAPTER 24. 

AN ACT FOR GRAND JURORS SERVING AT THE QUARTER SESSIONS OF 
THE PEACE, AND RUNISHING DEFAULTS OF JURORS' ATTENDANCE. 

To THE intent that due inquiry and presentment may be made vtnto 1002-3, chap. 83 
the court of quarter sessions of the peace within the respective coun- ^ 
ties, of all misdemeanours, offences, and breaches of law proper to the 
cognizeance of said court, haj^ning Avithin such county, for the suppress- 
ing and punishing of the same, and that jurors may duely attend the 
service for which they are chosen, — 

JBe it enacted by the Lieutenant Governour, Council and IRepresenta- 
tives in General Court assenihled, and by the authority of the same, 

[Sect. 1.] That the clerk of the peace of each several county shall, Grand jurors to 
annually, fifteen dayes at least before the day for holding of the court of yea^.^ ** ^^^ 
quarter sessions of the peace for such county, issue out writts, directed 
unto the constables of the respective towns within the same, requiring 
them or one of them forthwith to warn a meeting, of the inhabitants 
duly qualified by law, for the choosing of one or more grand jurors, 
according to the number such town has been accustomed to send, or 
otherwise shall be appointed for them by the justices of the said court; 
and the person or persons so chosen, to warn to appear at the next 
court, and the following courts of quarter sessions, successively, to be 
holden for the same county, within the space of one year, and there to 
attend the service belonging to them ; and to make return of the said 
writt, with his doings thereon accordingly, unto the said clerk's office, 
before the oi^ening of said court ; and if any constable shall faile of 
performing his duty by said writt required, or seasonably to return the 
same, he shall forfeit and pay the sum of forty shillings. And the per- 
sons chosen and returned as aforesaid, appearing, shall be impanneled 
and sworn a grand inquest for the body of such county, and shall con- 
tinue in said office for the s^Dace of one full year, and until others be 
chosen and sworn in their stead ; Avhose duty it shall be to inquire and Their duty, 
duly present the breach of all such good and Avholesome laws as are or ^^ ^'^*®' '^^^' 
shall be established within this province, and all such misdemeanours as 
are proper to their inquiry and the jurisdiction of said court. 

[Sect. 2.] And if any person chosen to said office, and summoned Forty shillings 
by the constable, and so returned by him, shall make default in appeal-- appearance, 
ance Avithout reasonable excuse made and allowed of by the court, the 
said court shall and may set a fine upon him, not exceeding the sum of 
forty shillings. And a new writt shall issue forth unto the tOAvn to 
choose another in his room; and so likewise in case of the removal of 
any by death or otherwise. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That if any person or persons legally chosen and sum- petit jurors 
moned to serve upon the petit jury for tryals in the superiour court of ^"beTn^d not* 
judicature, court of assize, and general goal delivery, or in any of the exceeding 
inferiour courts of common pleas, or of general sessions of the peace, ungg*^ ^ 
being so returned by the constable, under his hand, shall make defiiult 
of appearance, and not attend the said service, without reasonable 
excuse made and alloAved of by such court, every person and persons so 
offending shall be fined by said court (Avho are hereby impoAvred 
thereto), not exceeding the sum of tAventy shillings. 

[Sect. 4.] All fines and forfeitures acci-uing by virtue of this act Fines and for- 
shall be paid into the treasurer of the county where the same do arise, [" the^count'v™^ 
and be imployed towards defraying of the publick charge of such county. 

25 



194 



Province Laws. — 1694-5. 



[Chap. 25.] 



How ta be 
levied. 



Grand juror's 
allowance. 



[Sect. 5.] And in case any person or persons sentenced to pay any 
of the said tines or forfeitures shall neglect or refuse so to do, the same 
shall be levied by distress and sale of the offender's goods or chattels, 
by warrant from the court that aAvarded the same, to be signed by the 
clerk of said court ; together with the incident charges arising for taking 
such distress, according to the fees by law allowed for levying of execu- 
tions, and two shillings for the warrant, to be paid unto the clerk that 
granted the same. 

[Sect. 6.] And all grand jurors shall be allowed by the county 
treasurer the sum of two shillings per diem, each man, during their 
attendance on any court, the time to be certified unto the county treas- 
urer by the clerks of the respective courts. And no grand juror shall 
be compelled to serve more than one year in three, nor any petit juror 
more than at one court Avithin the compass of a year. [^Passed 
March 8, 1694-5 ; published March 16, 1694-5. 



CHAPTER 25. 



AN ACT TO PREVENT THE DESERTING OF THE FRONTIERS. 



Penalty on free- 
holders being 
inhabitants in 
any frontier 
that shall 
desert. 



Selectmen or 
military officers 
to certify the 
same. 



FoEASMUCH as since the beginning of this present war, very con- 
siderable sums of money have been expended in the defence and for 
preservation of the out towns and frontiers of this province, and in 
regard it would greatly prejudice their majesties' interests and give 
encouragement to the enemy, if any of those posts should be quitted, or 
be exposed by lessening the strength thereof; for prevention wliereof, — 

£e it enacted by the Lieutenant Governour^ Council and Represen- 
tatives^ in Genercil Court assembled, and hj the authority of the same, 

[Sect. 1.] That no town or plantation lying frontier to the enemy, 
by land, of which these hereafter named are to be accounted such ; 
that is to say, Wells, Yorke, Kittery, Aimsbury, Haverhill, Dunstable, 
Chelmsford, Groton, Lancaster, Marlborough and Deerfield, shall be 
broken up, or voluntarily deserted, without application first made by 
the inhabitants, and allowance had and obtained from the governour and 
council, for then- drawing olf, if it appear to them that it may be of pub- 
lick advantage, or that the place is not tenable ; nor shall any inhabi- 
tant of any such frontier town or plantation, having an estate of freehold 
in lands or tenements within the same, at the time of publishing this 
act, remove from thence with intent to sojourn or inhabit elsewhere, 
without special licence first had and obtained as aforesaid, on pain of 
forfeiting all his estate in lands and tenements lying within the bounds 
or precincts of such town or plantation, unto their majesties, to be dis- 
posed by grant of the general assembly, and the produce thereof to 
be imployed towards the defence of such town or plantation and 
support of the garrisons Avithin the same, and not otherwise. 

[Sect. 2.] And the selectmen or chief military oflicer or ofiicers of 
such town or jolace, are hereby enjoyned and ordered to give notice by 
certificate in Avriting, under their hands, into the clerk's ofiice of the 
superiour court of judicature, of the removal of any such person or 
persons as aforesaid. And the clerk, on receipt thereof, shall issue out 
a scire facias, requiring the person or persons so removing to appear 
at the next superiour court of judicature, to sit within the same county, 
or otherwise at Boston, which shall first happen, to shew cause, if any 
there be, why judgment should not be entred for the forfeiture, as by 
this act is before directed. And in case any person, being lawfully 
summoned, and oath thereof made by the oflicer, shall make default of 



[4th Sess.] Province Laws. — 1694-5. 195 

appearance by himself or attourney, or not produce a licence from the 
governour and council for his removal, judgment shall be entred 
against him accordingly. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That every person able and fit for service who, at the Penalty on per- 
beginning of this war, or at any time since, that was an inhabitant in gervice that 
any frontier town or plantation not yet deserted, and has an estate of |f*[^/y ^^^7^ 
freehold in lands or tenements within the same, and is removed into not, &c. 
any other town or place in the parts of New England, shall, at or before 
the first day of July next ensuing, return to such town or place from 
whence he removed, and continue his abode there during the present 
war, on pain of losing and forfeiting all his estate and rights in such 
town or place, to be recovered, disposed and imployed in manner as 
aforesaid ; unless such person shall, at or before the said first day of July 
next ensuing, at his own cost and charge, procure and maintain an 
able, sufiicient person, to the acceptance of the commission military 
officers, to sojourn and abide in such town or plantation in his room, 
and to perform all duty there with other the inhabitants, for the defence 
of the same, or make reasonable excuse to the acceptance of the govern- 
our and council why he hath not so done. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That no male person of sixteen years of age or upwards, Penalty on per- 
being an inhabitant of or belonging to any of the said frontier towns f°e"ehoidersthat 
or plantations, and not having any lands or tenements in such town or shaU remove, 
plantation, shall presume to remove from the same to sojourn or 
remain elsewhere, during the present war, without special licence first 
had and obtained from the governour and council, on pain of forfeiting 
unto their majesties the sum of ten pounds, upon conviction of such 
removal, before the justices at the general sessions of the peace in the 
county where such town or plantation lyes, to be imployed towards the 
charge of prosecuting the Avar. And the selectmen or chief military 
officers of any town or plantation from which any such person shall 
remove without licence as aforesaid, are hereby ordered and enjoyned 
to send a certificate in Avi'iting, under their hands, of the removal of 
such person, and time when, unto some of the next justices of the 
peace, or to any other of their majesties' justices, where they shall be 
informed such person may be found. And every justice of the peace, 
respectively, unto whom such certificate or complaint shall be brought, 
is hereby impowred and required to grant a warrent for the appre- 
hending of such person, if he may be found within his precincts, and 
conventing of him before hunselfj or some other of their majesties' 
justices, who shall require sufficient security for such person's appear- 
ance to answer for the same, at the next general sessions of the peace 
to be holden for the same county from whence he did so remove, and 
transmit the recognizeance so taken, unto the said court ; and in case justice, his 
the party can find no such security, then to cause him to be conveyed at power to com- 

,,i*', _ 11*^ 11 1 -Tti? £■ niit to prison 

his own charge, Irom constable to constable, and carried beiore one oi where security 
their majesties' justices within the county from w^hence he came, who is not given, 
is impowred to commit such offii'nder unto the common goal of the 
county, unless he can put in security as aforesaid. And if such person jjjg offender to 
be convicted of the said offijnce, and ordered by the court to pay the ^'^^g'^^^^g^i^^^ 
fine or forfeiture aforesaid, and shall neglect or be iin.able to pay the otherwise un- 
same, he shall be imployed in their majesties' service, as the commander- ^^^^• 
in-chief shall direct, until by his service as aforesaid, he shall have fully 
answered and satisfied the said forfeiture : jjfovided, this act and every 
clause and article thereof shall continue in force unto the end of the 
session of the general assembly to convene in May, one thousand six 
hundred ninety-six (if the present war so long last), and no longer, nor 
afterwards. \_Passed March 12, 1694-5 ; published March 16, 1694-5. 



196 



Province Laws. — 1694-5. 



[Chap. 26.] 



CHAPTER 26. 



AN ACT FOR SUPPLYING THE DEFECTS IN THE ACT ENTITULED 
ENCOURAGING THE KILLING OF WOLVES." 



• AN ACT 



1603, chap. C. 



Whereas, by the act entitulecl " An Act encouraging the killing of 
wolves," made and pa.ssed at the session of the general assembly begun 
and held at Boston, the thirty-first day of May, in the fifth year of their 
present majesties' reign, there is provision for payment to be made unto 
the person or persons who shall kill any grown wolfe or wolve's whelj), 
out of the town stock in which such wolf is killed, or of the town 
lying next adjacent thereto, and that the said disburst, the same being 
made to appear, shall be allowed unto such town by the general 
treasurer of the province, out -of the publick treasury. But forasmuch 
as there is no particular direction in the said act how or in what man- 
ner such payment out of any town stock shall be made appear, so as to 
justify the treasurer in allowing of the same, and the better to prevent 
any fraud therein, — 

Be it enacted by the Lieutenant Governoui\ Council and Mepresenta- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That every jicrson or persons killing any grown wolfe or 
wolve's Avhelp (other than such as shall be taken out of the belly of 
give"receipt for any bitch wolf), within any town of this province, and bringing the head 
wolves' heads, thereof unto the constable of such town or of the town next adjacent, 
the constable, in the presence of one or more of the selectmen, shall cut 
both the ears off the same, and such selectman or men, and constable, 
shall give the party a receipt for the said head, expressing whether it 
be a grown wolfe or a Avhelp ; and upon producing such receipt, the 
party shall be paid and allowed by the selectmen or treasurer of such 
town, out of the town stock, for the same, as in and by the said act is 
directed. And all such payments so made, shall be certified unto the 
treasurer and receiver-general, under the hands of the major part of 
the selectmen in such town, and town treasurer (where any such be), or 
town clerk, in manner following; that is to say, — 



Constable and 
one or more 
selectmen to 



Certificate to 
the treasurer. 



Mr. Treasurer: 

This may certify that there has been paid unto sundry persons, out of the town 
stock of A., for grown wolves, and wolves' whelps, killed in 

and near unto our town, since the day of last past, and the 

heads thereof brought unto our constables, and the ears cut off in presence of 
some of ourselves, as the law directs, and so certified unto us, in the whole, the 
sum of pounds which sum we desire you to allow unto our town, 

by discounting the same with B. C, constable, out of the publick assessment, 
committed to him to collect in our town. Dated in A., afoi-esaid, the 
day of 

> Selectmen, 



Toivn Treasurer, 
or 
Town Clerk. 

And be it further enacted, 

[Sect. 2.] That the treasurer do cause a competent number of blank 
certificates in the form abovesaid, to be printed at the publick charge, 
and affix his own seal thereto ; and is hereby ordered to deliver so many 
unto the selectmen of each town and place respectively, or some one 
of them, as shall be necessary for the use of such town or place. 
[Passed March 15, 1694-5 ; published March 16, 1694-5. 



[4:TH Sess.] 



Province Laws. — 1694-5. 



197 



CHAPTER 27. 



four- 



AN ACT FOR GRANTING UNTO THEIR MAJESTIES A TAX ON POLLS AND 
ESTATES, AND ADDITIONAL DUTIES OF IMPOST AND TUNNAGE OF 
SHIPING. 

We, the representatives of their majesties' province of the Massa- See acts of 

chusetts Bav in New Euo-land, takincj into consideration the present il^A"^' ^!?*P* *» 
T • • f.1 • ~i • Ti -I -I • note, posr. 

distressing circumstances oi the said province, and the daily growing 

charge for the security and defence of their majesties' interests and 
subjects within the «ame, besides the other contingent charges for the 
suj^port of the government, and other pubhck occasions, and the abso- 
lute necessity of granting a supply for the ends aforesaid, and for pros- 
ecuting of tlie war against their majesties' enemies, do grant unto their 
most excellent majesties a rate or tax of three thousand one hundred 
eiglity-nine pounds foiu* shillings, in money ; and pray that it may be 
enacted, — 

And be it accordingly enacted hy the Lieutenant Qovernour^ Council 
and liejji'esentatives in General Court assembled, and by the authority 
of the same, 

[Sect. 1.] That the said sum of three thousand one hundred eighty- 
nine pounds four shillings be proportioned unto the several towns and 
precincts within this province, to be assessed and levied in manner as 
by this i)resent act is hereafter directed ; that is to say, — 

IN THE COUNTY OF STTEFOLK. 

Boston, six hundred and twelve pounds thirteen shil- 
lings fourpence, 

Roxbury, fifty-eight pounds, . 

Dorchester, eighty-two pounds thirteen shillings 
pence, .... 

Milton, twenty-eight pounds, 

Brantrey, forty-six pounds thirteen shillings fourpence, 

Weymouth, thirty-seven pounds, 

Hmgham, fifty pounds, . 

Dedham, forty-two pounds, . 

Medfield, twenty-four pounds, 

Wrentham, ten pounds, 

Mendon, nine poimds, . 

Hull, thirteen pounds, . 

IN THE COtTNTY OF MIDDLESEr. 

Charlestown, one hundred and six pounds thirteen shil- 
lings fourpence, 

Cambridge, sixty-three pounds six shillings eightpence, 
Watertown, eighty poimds, ...... 

Newton, thirty-one pounds six shillings eightpence, 

Sudbury, thirty-eight pounds, 

Marlborough, twenty-seven pounds, .... 
Medford, eleven pounds six shillings eightpence, . 

Maiden, thirty pounds, 

Woburn, fifty-nine pounds, ...... 

Reading, thirty-five pounds, 

Billerica, twenty-two pound thirteen shillings fourpence, 

Chelmsford, twenty-six pounds, 

Concord, forty-five pounds, ...... 

Stow, six pounds thirteen shillings fourpence, 

Groton, nine pounds, 



12 


135 


4d 


58 








82 


13 


4 


28 








46 


13 


4 


37 








60 








42 








24 








10 








9 








13 









106 13 4 



63 


6 


8 


80 








31 


6 


8 


38 








27 








11 


6 


8 


30 








59 








35 








22 


13 


4 


26 








45 








6 


13 


4 


9 









198 



Province Laws. — 1694-5. 



[Chap. 27.] 



Lancaster, nine pounds, . . . 
Sherborne, seventeen pounds ten shillings, . 

IN THE COUNTY OF BARNSTABLE. 

Barnstable, forty-two pounds thirteen shillings four 

pence, . 

Yarmouth, twenty-eight pounds, . 

Eastham, twenty-nine pounds. 

Sandwich, twenty-eight pounds, . 

Falmouth, seven pounds six shillings eightpence, 

Manamoy, six pounds thirteen shillings fourpence, 

Rochester, seven pounds six shillings eightpence, 

Harwich, ten pounds thirteen sliillings fourpence, 



COUNTY OF YOKK. 



IN THE 

York, four pounds. 
Wells, four pounds, 
Kittery, eight pounds, . 
Isles of Shoals, two pounds, . 



IN THE COUNTY OP ESSEX. 

Salem, one hundred twenty-six pounds thirteen shil 
lings fourpence, ...... 

Ipswich, one hundred jSfty-five pounds six shillings eight 
pence, ........ 

Newberry, one hundred and seven pounds six shillings 
eightpence, .... 

Salisbury, twenty pounds, 

Amsbury, nine pounds, . 

Haverhill, twenty-six pounds, 

Andover, thirty-two pounds, 

Bradford, twelve pounds, 

Topsfield, twenty-six pounds thii-teen shillings four- 
pence, ........ 

Marblehead, sixty-one pounds six shillings eightpence 

Lynn, fifty-nine pounds, 

Wenham, twenty-four pounds, .... 

Beverly, forty-four pounds, 

Glocester, twenty-six pounds fouipence, 

Manchester, six pounds thirteen shillings fourpence, 

Rowley, thirty-six pounds thirteen shillings fourpence, 

Boxford, fifteen pounds, 



£9 


Os. 


Od. 


17 


10 





42 


13 


4 


28 








29 








28 








7 


6 


8 


6 


13 


4 


7 


6 


8 


10 


13 


4 


4 








4 








8 








2 








126 


13 


4 


155 


6 


8 


107 


6 


8 


20 








9 








26 








32 








12 








26 


13 


4 


61 


6 


8 


59 








24 








44 








26 





4 


6 


13 


4 


36 


13 


4 


15 









IN THE COUNTY OE HAMPSHIRE. 

Springfield, forty-one pounds six shillings eightpence, 
Northampton, thirty-eight pounds thirteen shillings 
fourpence, ....... 

Hadley, twenty-four pounds, .... 

Hatfield, twenty-one pounds six shillings eightpence, 

Suflield, eight pounds, 

Westfield, thirteen pounds six shillings eightpence, 
Enfield, two pounds, 

IN THE COUNTY OF PLYMOUTH. 

Plymouth, thirty-six pounds thirteen shillings four- 
pence, ......... 

Situate, fifty-four pounds thirteen shillings eightpence, 

Marshfield, thirty pounds, 

Duxborough, twenty-two pounds, . • . . 



41 6 8 



38 13 4 



24 








21 


6 


8 


8 








13 


6 


8 


2 








36 


13 


4 


54 


13 


8 


30 








22 









[4th Sess.] Province Laws. — 1694-5. I99 

Bridgewater, twenty-three pounds six shillings eight- 
pence, £23 65. 8c?. 

Middleborough, ten pounds, 10 

IN THE COUNTY OF BRISTOL. 

Bristol, twenty pounds, 20 

Taunton, forty-four pounds thirteen shillings fourpence, 44 13 4 
Dartmouth, thirty-seven pounds thirteen shillings four- 

pence, 37 13 4 

Freetown, seven pounds, 7 

Rehoboth, twenty-nine pounds six shillings eightpence, 29 6 8 

Swnnzey, twenty-nine pounds six shillings eightpence, 29 6 8 

Little Compton, sixteen j)ounds, 16 

Tiverton, nine pounds six shillings eightpence, . . 9 6 8 

Attleborough, eight pounds, 8 

ON mabtha's VnsnETARD. 

Edgar Town, fifteen pounds six shillings eightpence, . 15 6 8 

Tisbury, ten pounds thirteen shillings fourpence, . . 10 13 4 

Chilmark, ten pounds thirteen shillings fourpence, . 10 13 4 

Nantucket, thirty pounds, 30 

And be it further enacted hy the authority aforesaid, 

[Sect. 2.] That the treasurer do send forth his warrants directed warrants to be 
unto the selectmen or assessors of each town and precinct aforesaid, at grsi'^of ^August. 
or before the first day of August next coming, requiring them to assess 
the aforementioned sum, set and proportioned, to such town or precinct 
respectively, upon the polls and estate within the same, in manner 
following ; that is to say, all male persons inhabiting or residing within Rules of 
such town or precinct, from sixteen years old and upwards (except the "^^^^^^'^s- 
president, fellows and students of Harvard Colledge, elders of churches, 
and such others as are improved in the work of the ministry, grammar 
schoolmasters, and those who through age, bodily infirmity or extreme 
povei'ty, shall be thought unable to contribute towards publick charges), 
one shilling on the poll ; all negi*os, molattos and Indian servants, as 
well male as female, after the rate of one shilling per poll ; and all 
housing and lands and other real estate whatsoever, all goods, wares 
and merchandizes, without exception, trading stock, neat cattle, horses, 
sheep, swine, and all other personal estate, particularly enumerated in 
an act made and passed at the first session of this court begun and held 
the thirtieth day of May, in the sixth year of their present majesties' 
reign, entituled "An Act for granting unto their majesties a tax of 1694-5, chap. 2. 
twelvepence a poll, and one penny on the pound for estates," and 
according to the several rules and valuations in the said act expressed, 
and set down, in whose possession or improvement soever any such 
estate is or shall be at the time of making this present assessment, after 
the rate of one penny on the pound, and after the like rate for the 
income of all handicraftsmen in the discretion of the assessors ; and 
such sum of a penny on the pound, as aforesaid, to be so often multi- 
plied as, together with the polls, shall compleat the whole sum herein 
before proportioned to such town or precinct ; and thereof to make dis- Liststobemade 
tinct and perfect lists, therein setting down every particular person's te'd to™heTreas- 
name and sum, with a notification thereon of the name of the several urer by theflrst 
constables or collectors of such town or precinct, and the sum which ° ^^ *"" 
each of them are severally to collect ; and the list so made and per- 
fected to transmit unto the treasurer, at or before the first day of 
September next. 



200 Province Laws.— 1694-5. [Chap. 27.] 

Warrants to be [Sect. 3.] And thc treasurer, upon receipt of such returns and lists 
coiiect'iuff and ^^ assessment, is hereby impowi-ed to make and send forth his warrants, 
paying in 'tiie directed unto the constables or collectors of the said several towns and 
fhriast'^of No- precincts (together with the said lists), requiring them respectively, to 
vember. collect and gather the said assessments, and to pay in the same unto 

the treasurer or his order, at or before the last day of November next 
ensuing, by which time they are to make up and issue their accompts 
of the whole with the treasurer. Which aforesaid warrants, being sent 
to the sheriffs or marshals of the resj^ective counties and places, they 
are required immediately to disperse, and safely to deliver them unto 
the constables or collectors of the several towns and precincts, accord- 
ing to the dii-ection thereon. 

A7id be it further enacted hy the authority aforesaid, 
rowers and [Sect. 4.] That all the powers and authorities given unto the treas- 

granted'to the ^^^©1*) Selectmen or assessors, constables or collectoi's, respectively, for 
treasurer, se- the enforcing the collecting and paying in of any former assessment or 
stabTe*s"'&a°' assessments, as well in and by the Ijefore recited act entituled " An Act 
for granting unto their majesties a tax of twelvepence a poll, and one 
penny on the pound for estates," or any clause or article therein con- 
tained, as in and by any former and other act of the general assembly, 
relating to publick assessments, shall be, remain, abide and continue in 
full force, to be exercised and put forth by the treasurer, selectmen, or 
assessors, constables or collectors respectively, for the making and col- 
lecting of this present assessment, as if the same were in and by this 
act particularly expressed, set forth, and re-enacted. 
A7id be it further enacted by the authority aforesaid, 
Where no sher- [Sect. 5.] That in all places lying without the body of any county, 
shaito* distrain ^^^ ^*^ ^^^^ under the powcr of a sheriff, the treasurer is hei*eby author- 
on defective izcd and impowered to direct his warrants unto the marshal of such 
constab es. place or places, to distrain, upon any defective constable or constables, 
the arrears of any publick assessments committed or that shall hereafter 
be committed unto them to collect, for which they have not accompted 
or that hereafter shall not accornpt for within the time as by warrant 
they were or shall be enjoyned ; and where any sheriff or marshal shall 
make default in accounting for or returning into the treasury the sum 
and sums mentioned in any warrant or w' arrants of distress by him 
The coroner on received or to be received from the treasurer, the treasurer is further 
fffs**^ &(%^ ^^^^' authorized and impowred to make out waiTants, directed unto the coro- 
ner of such county where any sheriff is defective, and to the constable 
of the town in Aviiieh a defective marshal lives, requiring them respec- 
tively to distrain the same upon the estate real or personal of such 
defective sheriff or marshal, as the law directs referring unto defective 
^on-stables. 

And be it further enacted by the authority aforesaid. 
Additional du- [Sect. 5.] That, to the ends in this present act before mentioned, 
:lnd tonnage.^* there be further granted unto their majesties the following additional 
rates and duties of impost upon the several sorts of wines and strong 
liquors, goods, wares and merchandizes that shall be imported into this 
province, and tonnage of shipping ; to be and continue in force from and 
after the publication of this act unto the twenty-ninth day of June next 
ensuing, and no longer ; that is to say, for every pipe of common Fyal, 
Passada, Madera, Canary, Malaga or Port wine, over and above the 
duties already payable for the same, ten shillings per pipe, and so 
proportionably for a greater [or] [eouT] lesser quantity ; for all rhum 
and other strong liquors, over and above the duties already payable for 
the same, fourpence per gallon ; for all goods, wares and merchan- 
dizes from England, over and above the duties already payable for the 
same, ten shillings for every hundred pounds sterling, jirime cost ; for 
every hogshead of sugar, one shilling ; for every hogshead of molosses, 



[4th Sess.] Province Laws. — 1694-5. 201 

sixpence ; for every hogshead of tobacco, two shiUings ; for every tiinn 
of loggwood or other dying wood, two shillings ; and so proportionably 
for a greater or lesser quantity of each of the said particular commodi- 
ties, over and above the duties already payable for the same. And for 
all other goods, wares and merchandizes (cotton wool, salt, and every 
commodity of the growth and production of New England excepted), 
over and above the duties already payable for the same, ten shillings 
for each hundred pound in value. 

[Sect. 6.] And that for the additional duties above mentioned, no No drawbacks, 
drawback be allowed upon exportation. For all ships and other vessels 
that shall sail from any j^ort, haven, river or creek within this province, 
over and above the duties already payable for the same, sixpence per 
tun, according to the computation of tunnage by law allowed. 

[Sect. 7.] And all officers imployed about the impost are to take. Officers' power, 
use and exercise all the powers and directions for the collecting and 
receiving of the additional duties before mentioned, as by law they may 
and ought to do for the other. 

And he it further enacted by the authority aforesaid, 

[Sect. 8.] That for a present supply of the treasury, the treasurer Four thousand 
be and hereby is impowred to issue forth a certain number of the bills to be'emute'd^^^ 
of pubUck credit of the late colony of the Massachusetts, endorst by 
him in manner as is directed by an act entituled " An Act for a present 1693-4, chap. 13. 
supply of the treasury," to the value of four thousand pounds and no 
more, at the just sum in each of said bills set down ; to be received back 
again for all publick payments, to the treasury and in any office dej)end- 
ant thereon, with the advance of twelvepence on the pound ; the treas- 
urer upon paying out of said bills to have credit in his accompt for the 
sum in said bills, with the allowance of five jjounds per cent more, after 
which rate they were drawn into the treasury ; and the moneys to be A ftind for the 
raised by virtue of this act is * hereby granted as a fund for the repay- ^^^" 
ment of the said credit in bills. \_Passed 3Iarch 15, 1694-5 ; published 
March 16, 1694-5. 



CHAPTER 28. 



AN ACT FOR ALTERING THE FORME OF THE WRITT AND PRECEPT FOR 
THE ELECTING OF REPRESENTATIVES TO SERVE AT THE NEXT GEN- 
ERAL ASSEMBLY. 

Whereas, in and by one act made and passed by the general assembly 
at their session in October, in the fourth year of their present majesties' 
reign, entituled " An Act for the establishing of presidents and formes 1692-3, chap. 3o 
of writts and processes," amongst other things therein contained, the 
writt for the convening, holding and keeping of a great and general 
court or assembly, directed unto the sheriff or marshall respectively, and 
his precepts to be issued forth in observance thereof, do qualify the per- 
sons to be chosen to serve as representatives in such court to be free- 
holders within the province ; and forasmuch as, since that in and by one 
other act, entituled " An Act to prevent default of appearance of repre- 1693-4, chap, h, 
sentatives to serve in the general assembly," amongst other things^ ^' 
therein contained, it is enacted that representatives be freeholders and 
resident in the town they are chosen to serve for and represent, both 
which afore recited acts are lying before their majesties for their royal 
approbation or disallowance, and their royal pleasure in that respect not 
being yet signified ; for preventing therefore of inconvenience and 

* Sic, in printed act. 



202 Province Laws.— 1694-5. [Chap. 28.] 

trouble which might otherwise happen to arise by reason of the vari- 
ance betwixt the said WTitt, precept and the said after act, — 

JBe it enacted by the Lieutenant Governour, Council and Mepresenta- 
tives in General Court assembled^ and it is enacted hy the authority of 
the same. 

That, for the calling and convening of the next great and general 
court or assembly, the writt and precepts to be granted for the same 
shall run in the forme hereinafter expressed ; that is to say, — 

THE WBITT. 

William and Mary by the grace of God, of England, Scotland, France and 
Ireland, King and Queen, Defenders of the Faith, &c., to our sheriff or marshall 

of our county of , greeting : Wee command that upon receipt hereof you 

forthwith make out your precepts directed unto the selectmen of each town within 
your precinct, requiring them to cause the freeholders and other inhabitants of 
their town duely qualified as in and by our royal charter is directed, to assemble 
at such time and place as the s* selectmen shall appoint to elect and depute one 
or more persons, being freeholders and residents in the same town, according to 
the number set and limited by an act of our general assembly within our province 
of the Massachusetts Bay, to serve for and represent them respectively in a great 
and general court or assembly by us appointed to be convened, held and kept for 
our service at the town house in Boston upon Wednesday, the twenty-ninth of 
May next ensueing the date of these presents, and to cause the person or persons 
so elected and deputed by the major part of the electors present at such election 
to be timely notified and summoned by the constable or constables of such town 
to attend our service in the s* great and general court or assembly on the day 
above prefixed by eight in the morning, and so de die in diem, during the session and 
sessions of the s* court ; and to return the s* precepts with the names of the persons 
so elected and deputed unto yourselfe, whereof you are to make return together 
with this writt and of your doings therein under your hands into our secretarie's office 
at Boston one day at the least before the s* court's sitting. Hereof you may not faile 
at your peril. Witness and commander-in-chief in and over our said 

province of the Massachusetts Bay in New England. Given at Boston under the 

publick seal of our province aforesaid, the day of , in the seventh 

year of our reign. 

By command of &c. 

THE PEECEPT. 

Suffolk, ss. 

In observance of their maj"" writt to me directed, these are in their maj'^' names 
to will and require you forthwith to cause the freeholders and other inhabitants of 
your town that have an estate of freehold in land within this province or territory 
of forty shillings per annum at the least, or other estate to the value of forty 
pounds sterling, to assemble and meet at such time and place as you shall appoint, 
then and there to elect and depute one or more persons being freeholders and res- 
idents within your town, according to the number set and limited by an act of the 
general assembly, to serve for and represent them in a great and general court or 
assembly appointed to be convened, held and kept for their maj"" service at the 
town-house in Boston, upon Wednesday, the twenty-ninth of May next ensueing 
the date hereof; and to cause the person or persons so elected and deputed by 
the major part of the electors present at such election to be timely notified and 
summoned by one or more of the constables of the town to attend their ma'^° ser- 
vice in the said great and general court or assembly on the day above prefixed, by 
eight in the morning, and so de die in diem, during their session and sessions. 
Hereof fail not, and make return of this precept, with the name or names of the 
person or persons so elected and deputed with their being summoned unto myselfe 
seven days before the twenty-ninth day of May abovesaid. Given under my 

hand and seal at the day of , &c., in the seventh year of 

their ma''* reign. 

To the selectmen of the town of , greeting. 

) Sheriff 



—[Passed March 16, 1694-5. 



A. B., \ or 

) Marshall. 



[4th Sess.] Province Laws. — 1694-5. 203 

Notes. — The engrossments of all the foregoing acts are preserved in the Secretarj''s office. 
Chapters 9, 20 and 28 are here printed for the first time. One private act was passed at the 
third session, bearing the following title: — 

"An Act To enable M" Sarah Price of Salem, in the County of Essex, Widow, administra- 
trix of the peculiar & proper Estate of Cap' John Price late of Salem aforesaid, deceased, sur- 
viving Executor of the last Will and Testament of Cap'. Walter Price late of Salem afores'*, 
dec'd to review an Action of the Case tryed at Salem for the s'^ County of Essex on the last 
Tuesday of June in the year of our Lord, one Thousand six hundred Ninety & one between 
John Croad of Salem afores*, Merchant, Executor of the last Will and Testament of M" Eliza- 
beth Price, late of Salem afores* dece* Plaintiff and the s* John Price Defendant."— FPassetJ 
Oct. 23, 1694. 

C/iflf/J. 11. " March 13«' 1692[-3]. Her Maj'r» Letter of the 11th of October last, we received 
yesterday by the America, Cap' Gilbert Bant, from London, Comanding the Several Colonies 
and provinces of New England, Virginia, Maiyland, and Pensilvania to be aiding and assist- 
ing, from time to time, to the Governour, or Comand' in Chief, of the province of New York, in 
the maintenance and defence of Albany <K:c, during the present War, — was Read in Council." — 
Records of Gov. and Council, vol. VI., JJ- 202. And see Doc. Hist, of N. Y., vol. III.,pp 855-6. 

Chap. li. " — We observe, also, amongst those forementioned Acts (Fol. 85), One to 
restrain the exportation of Pitch, Tar &c., which being but for a limited time, and that already 
expired, needed no repeale. But we must observe to you, thereupon, that such a restraint does 
not seem to us either in the interest of that Colony or to His Majesty's intentions of incourag- 
ing the productions of naval stores there; Avhich, therefore, you will do well to reflect upon if, 
at any time hereafter, any proposition of that nature should happen to be removed. We have 
contributed our endeavours for the incouragement of bringing naval stores from thence, by pre- 
paring suitable instructions for the commissioners who are appointed to go thither for that pur- 
pose," &c. — Letter from the Lords of Trade, t^-c, Jan. 20, 1696-7. 

On the tenth of December, 1096, the Lords Commissioners for Trade, &c., reported to the 
king, upon the acts of this year of the first three sessions, which had been " depending before 
the late Committee" for Trade and Plantations, that they had been submitted to the attorney- 
general, who had made his report to that Committee; that chapters 1, 2, 4, 5, 7, 8, 12, 13, 15, 
16, 17 and 19 were " to be approved ; " and that chapters 3 and 18 were " to be repealed," for the 
reasons given in the notes at the end of those chapters, respectively. On the same day an order 
in council passed, carrying out the suggestions of the Board. 

The acts of the fourth session were presented to the Board June 22, 1698, by the clerk of the 
solicitor-general, in whose hands they had been from Sept. 15, 109G, and they were, thereupon, 
returned to him and his opinion thereon requested. Six days later he returned the acts from 
chap. 21 to chap. 27, inclusive, with the opinion " that they are all agreeable to law and jus- 
tice," &c., and, on the 24th of November following, the Board reported to the Lords Justices, 
in Council, their approval of all but chapters 26 and 27, which had expired; and on the same 
day an order passed the Privy Council, accordingly. 

Chapters 9, 20 and 28, and the private act the title of which is above given, are not men- 
tioned in the records of the Board of Trade or of the Privy Council, and^ probably were never 
forwarded from the province. 



ACTS, 

Passed 1695—6. 



[205] 



[1st Sess.] Province Laws. — 1695-6. 207 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-ninth day of May, A.D. 1695. 



CHAPTER 1. 



AN ACT FOR CONTINUING CERTAIN RATES AND DUTIES OF IMPOST, 
EXCISE AND TUNNAGE OF SHIPPING, AND REVIVING OF THE ACTS FOB 
GRANTING THE SAME. 

"We, liis majestie's dutiful subjects, the representatives of the prov- 
ince of the Massachusetts Bay in New England, in general court assem- 
bled, being duely sensible of the great charges and ex2>enccs which have 
already risen, and are daily growing and inci-easing, for the defence of 
his majestie's subjects and interests within this his province, and for the 
more effectual prosecuting the present war against the French and other 
his majestie's enemies, and for defreying the necessary and contingent 
charges in and about the support of the government of the province ; 
therefore, to the ends and intents aforesaid, may it be enacted, — 

And be it accordingly enacted hy the Lieutenant Governour^ Council 
and Mepresentatives convened in General Court, arid hy the authority 
of the samCy 

[Sect. 1.] That the several imjDositions, rates and duties u23on all 
wines, liquors, goods, wares and merchandizes that shall be imported 
into this province, tunnage of shipping, and the duties of excise, granted 
and enumerated in and by an act of the great and general court or 
assembly, entituled " An Act for impost, excise and tunnage of ship- Acta of 1692-3, 
ping," and by one other additional act for impost and excise, both made chaps- 5 and 21. 
in the fourth year of the reign of his present Majesty and our late most 
gracious sovereign lady Queen Mary of blessed memory ; and one other 
act, entituled " An Act for the better collecting the impost and excise Acts of 1693, 
and preventing frauds," made in the fifth year of their said majesties' *^^*P' ^• 
reign ; and by one other act, entituled " An Act for the reviving and Acts of 1694-5, 
continuing of the duties upon goods, impost, excise and tunnage of *^^^^" ^' 
shipping, and the acts for granting of the same," made in the sixth year 
of their said majesties' reign ; and the additional rates and duties of 
impost upon wines, liquors, goods, wares, merchandizes and tunnage of 
shipping, mentioned in an act entituled "An Act for granting unto Acts of i69i-5, 
their majesties a tax on polls and estates, and additional duties of *''*'*P' ^''' 
impost and tunnage of shipping," made in the seventh year of his pres- 
ent majestie's reign, and continued unto the twenty-ninth day of this 
present month of June, one thousand six hundred ninety-five ; be and 
are hereby further granted and continued until the twenty-ninth day of 
June, one thousand six hundred ninety-six, and no longer ; and that 
the said several acts and all powers, provisions, penalties, articles and 
clauses therein cont[ain][m2*]ed, other than what in any of them are 
already altered or repealed, or that shall otherwise in this present act 
be altered or provided for, shall continue and be of full force and effect 



208 



Province Laws. — 1695-6. 



[Chap. 2.] 



Drawback of 
two-thirds of 
the duties of 
wines and li- 
quors upon ex- 
portation. 



Entry of goods, 
&c., to be in 
writing. 



Wines and li- 
quors not to be 
shipped for cx- 

Eortation but 
y certiiicate 
and in presence 
of a waiter. 



The importer 
and shipper 
botli to make 
oath. 



Commissioner 
impowered to 
sue. 



Eule for com- 
puting the ton- 
nage of ship- 
ping. 



until the said twenty-ninth day of June, one thousand six hundred 
ninety-six ; and for and during that term shall be applied, practised and 
executed for the raising, levying, collecting, answering and paying the 
said rates and duties hereby continued, according to the tenor and 
intent of this present act, as fully, to all intents and purposes, as if all 
and every the clauses, matters and things in said acts or any of them 
contained, had been again repeated in this act and particularly enacted : 
provided^ nevertheless^ anything in the said acts or any of them notwith- 
standing, that from and after the said twenty-ninth day of this present 
month of June, one thousand six hundi-ed ninety-five, there shall be 
allowed a drawback of two-tliirds of the whole duties of impost for all 
wines and liquors which shall be imi^orted after that time, and be again 
exported within nine months next after the importation thereof, being 
so made to appear. 

Be it further enacted hy the authority aforesaid, 

[Sect, 2.] That the owner, freighter, factor or other person unto 
whom any goods, wares or merchandizes liable to the duties of impost 
come consigned, shall by himself or servant make entry thereof in writ- 
ing, under his hand, with the receiver. 

[Sect. 3.] And that no wines, rhum or other liquors to be exported 
out of this province, for which any drawback is by law to be allowed, 
shall be laden or shipped off but by certificate first had for the same 
from the receiver and in the presence of a waiter, who shall endorse the 
shipping upon the certificate and return it into the office before the 
drawback be allowed ; for which certificate the receiver shall be paid 
sixpence, and the waiter for seeing the same shipt and endorsing it 
shall be j^aid sixpence ; and no such certificate shall be granted before 
the importer shall have made oath that the duties inward are paid and 
secui'ed to be paid, nor before the shipper shall have made oath that 
the wines, rhura or other liquors to be therein mentioned are to be 
shipt bona fide, with intention to be exported, landed and sold out of 
this i^rovince ; which oaths the commissioner or receiver is hereby 
impowred to administer. 

And be it further enacted, 

[Sect. 4.] That the commissioner appointed or to be appointed for 
managing and looking after the duties of impost, excise and tunnage of 
shipping, by himself or his lawful substitute, may sue for and recover, 
in any of his majestie's courts of record, or before any justice of the 
jDcace, where the matter is not above his cognizcance, any sum or sums 
of money that are or shall grow due according to agreement made for 
any of the aforesaid duties, where the party or parties Avith whom such 
agreement is or may be made, shall neglect or refuse to pay the same ; 
and, for the more easy tunnaging of ships or other vessels, the same 
shall be computed by the breadth at the main beam Avithin board, the 
depth to be accounted half the said breadth, and the length three times 
so much as the breadth, after the usual manner of multijolying, and divid- 
ing the product by one hundred. \_Passed, June 11 ; published June 22. 



CHAPTER 2. 



AN ACT TO PREVENT INCESTUOUS MARRIAGES. 



Although this court doth not take in hand to determin what is the 
whole breadth of the divine commandment respecting unlawful mar- 
riages, yet for preventing that abominable dishonesty and confusion 
which might otherwise happen, — 



[1st Sess.] Province Laws.— 1695-6. 209 

Jie it enacted by the Lieutenant- Govemour, Council and Hepresen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That no man shall marry any woman within the degrees Degrees of 
hereafter named in this act ; that is to say, no man shall marry his ^^'^marriage^' 
grandfather's wife, wive's grandmother, fathei''s sister, mother's sister, 
father's brother's wife, mother's brother's wife, wive's father's sister, 
wive's mother's sister, father's wife, wive's mother, daughter, wive's 
daughter, son's wife, sister, brother's wife, wive's sister, son's daughter, 
daughter's daughter, son's son's wife, daughter's son's wife, wive's son's 
daughter, wive's daughter's daughter, brother's daughter, sister's daugh- 
ter, brother's son's wife, sister's son's wife, wive's brother's daughter, 
wive's sister's daughter ; and if any man have already married, or shall 
hereafter many, or have carnal copulation with any Avoman who is 
within the degrees before recited in this act, every such marriage shall 
be and is hereby declared to be null and void ; and all children that 
shall hereafter be born of such incestuous marriage or copulation shall 
be forever disabled to inherit by discent, or by being generally named 
in any deed or will by father or mother. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That every man and woman who shall marry or carnally Penalty for any 
know each other, being within any of the degrees before recited in this degrees*thaT^** 
act, and shall be convicted thereof before his majestie's justices of assize shall marry. 
and general goal delivery, such man and woman so convicted shall be 
set \\\)0\\ the galloAvs by the space of an hour, with a rope about their 
neck and the other end cast over the galloAVS, and in the way from 
thence to the common goal shall be severely whipped, not exceeding 
forty stripes each ; also every person so offending shall forever after 
wear a capital I of two inches long and proportionable bigness, cut out 
in cloth of a contrary colour to their cloaths, and sewed upon their 
upper garments on the outside of their arm or on their back in open 
view ; and if any person or persons having been convicted and sen- 
tenced for such offence shall at any time be found without their letter 
so worn during their abode in this pi'ovince, they shall by warrant from 
a justice of the peace be forthwith apprehended and ordered to be pub- 
lickly whipp'd not exceeding fifteen stripes, and so from time to time 
toties quoties. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That if any man or woman Avhose marriage is by this present Penalty on such 
act declared null and void, shall be so hardy as to converse together as il deciared"nui1 
man and wife, or shall continue to dwell in the same house at any time to converse or 
after the space of forty days next after the publication of this present ^^ *°^^* *'' 
act, and be thereof convicted, or if any man and woman who shall 
hereafter be divorced or their marriage declared to be null and void 
according to the law of this province shall cohabit or converse together 
as man and wife, and be thereof convicted, all and every such persons 
shall suffer the pains and penalties mentioned in an act made and passed 
by the great and general court or assembly at their sessions begun and 
held the thirtieth day of May, one thousand six hundred ninety-four, 
entituled " An Act against adultery and poligamy," which in and by the icM-s, chap. 5. 
said act are set and imposed upon such as shall be taken in adultery ; 
and it shall be in the power of the justices of the superiour coui't of 
judicature to assign unto any woman so separated such reasonable part 
of the estate of her late husband as in their discretion the circumstances 
of the estate may admit, not exceeding one-third part thereof. 

And for the better preventing of clandestine marriages, — 

JBe it enacted by the authority aforesaid, 1692-3, chap. 25. 

[Sect. 4.] In addition to the act entituled " An Act for the orderly 7 Mass. 54. 
consummating of marriages," that no person other then a iustice of the '^"^*'f ^ *°'!i^ 

T,® .,.,?' ^ , ,.,*'.. T ministers not to 

peace, and that within his own county only, or ordamed minister, and marry persons 
27 



210 



Province Laws. — 1695-6. 



[Chap. 3.] 



out of their 
county or town 
respectively. 



Names and in- 
tention of mar- 
riage to be en- 
tered with town 
clerk. 
1 Gray, 121. 



Penalty on jus- 
tices or minis- 
ters offending. 



Bans forbidden 
not to be out- 
asked till the 
matter be 
heard, &c. 



Town clerk to 
register mar- 
riages. 
lOAUen, 164. 



Penalty on men 
or women that 
shall wear con- 
traryupparel. 



that only in the town where he is settled in the work of the ministry, 
shall or may presume to joyn any persons together in maniage ; nor 
shall any justice or minister joyn any persons in marriage other than 
such one or both of whom are inhabitants or residents in such county 
or town respectively, nor without certificate produced under the hand 
of the clerk of the several towns where the parties respectively dwell, 
that the names and intention of the said parties have been entred with 
him fifteen days beforehand, and that due publication of such their 
intention or puqjose has been made in manner as by law is directed, 
nor without evident signification that the parents of such persons, or 
others whose immediate care or government they are under, are know- 
ing of and consenting to such marriage, on pain that every justice, min- 
ister or other person ofiending against this act shall for every such 
ofience forfeit and pay the sum of fifty pounds as a fine for and towards 
the defraying of the publick charges arising within such county where 
the offence is committed, to be sued for and recovered by the county 
treasurer in any of his majestie's courts of record within the same, by 
bill, plaint or information, and shall and are hereby forever after dis- 
abled to joyn persons in man-iage, and be further liable to the action 
and suit of the parent, guardian or others whose immediate care or 
government either of the parties were under at the time of such mar- 
riage, that are aggrieved thereat and shall prosecute the same. 

And he it further enacted, 

[Sect. 5.] That if at any time the banns of matrimony betwixt 
any i:>ersons shall be forbidden, the publisher thereof shall forbear to 
proceed therein, until the matter have been duely inquired into and 
heard, before two of the justices of the same county, and that they 
certify under their hands either that the cause was insufficient, or that 
it is removed. 

[Sect. 6.] And all marriages shall be registred by the town clerk 
of the same town where they are consummated ; and every justice or 
minister as aforesaid, shall return a note or certificate unto the clerk of 
the town of the names of all persons which they shall marry, and of 
the time when, within three months at farthest, after consummation of 
the same, and shall allow and pay out of his fee unto the clerk for 
entring the same, threepence; any law, usage or custom to the 
contrary notwithstanding. 

And be it further enacted hy the authority aforesaid, 

[Sect. 7.] That if any man shall Avear women's apparrel, or if any 
woman shall wear men's apparrel, and be thereof duely convicted, they 
shall be corporally punished or fined, at the discretion of the quarter 
sessions, not exceeding five pounds, to the use of the county where the 
offence is committed, towards the defraying of the county charges. 
\jPassed June 19 ; published June 22. 



CHAPTER 3. 



AN ACT FOR THE CONTINUATION OF SEVERAL ACTS THEREIN MEN- 
TIONED, THAT ARE NEAR EXPIRING. 

Be it enacted by the Lieutenant- Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same. 
Act for prose- [Sect. 1.] That the act entituled "An Act for encouraging the 
cu«ng of the^ prosecution of the Indian enemy and rebels, and preserving such as 
^n^ians con in- ^^^ fiends," made and passed in the seventh year of his present 
1694-5, chap. 10. ^jjj^g^^g^g reign, and all the powers, provisions, limitations, rewards. 



[1st Sess.] Province Laws. — 1695-6. 211 

penalties, articles, clauses and savings therein contained, other than what 
are hereinafter altered, changed or otherwise provided for, shall continue 
and be of full force and effect unto the end of the next session of the 
general assembly ; unless the govcmour and council upon weighty con- 
siderations moving, shall see cause by proclamation to suspend the 
prosecution thereof before the assemblie's sitting : j^^'ovided, neverthe- 
less^ anything in the afoi'o-recited act notwithstanding, that it shall be 
in the power of the governour and council to prescribe such limita- 
tions, and appoint such place and places for the residence of the Indians 
of the several plantations of Natick, Hassanamiscox, Kekamoochock 
and others, and to put them under such inspection and I'egulations, as 
they shall think fit. 

Provided^ also, that the reward to be paid for any Indian woman or 
young person, judged to be under the age of fourteen years, that shall 
be killed or taken and brought in prisoner, shall be henceforward 
twenty-five pounds, and no more. 

Provided, also, That no person or persons inhabiting or residing in Trading with 
any of the towns or precincts within the county of Hampshire, shall den^'lTnder'^a'** 
presume, directly or indirectly, to give, sell, trade, deal, truck or barter penalty. 
any goods, wares, merchandizes, ammunition, or any sort of sti'ong 
liquors, unto or with any Indian or Indians whatsoever, or receive any 
peltry from them, on pain of forfeiting the sum of one hundred pounds ; 
one moiety thereof unto his majesty, for and towards the support of 
the government, and the other moiety to him or them that shall inform 
and sue for the same, in any of his majestie's courts of record. And All licenses 
all licenses fonnerly granted to any to trade with the Indians are ^^^^ ^^^*^' 
hereby declared to be void and of none effect. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That the act entituled " An act for the giving succours Succors and 
and assistance to the neighbouring provinces and colonies against his fhenetghboriiig 
majestie's enemies, made and passed in the seventh year of his present provinces, 
majestie's reign, and all the powers, provisions, articles, clauses, matters ^^*^^' ^ ^P' 
and things therein contained, shall continue and be in full force and 
effect, unto the end of the next session of the general assembly, and 
no longer. [Passed June 17 ; published June 22. 



CHAPTER 4. 



AN ACT FOR DISCONTINUING THE SUPERIOUR COURT OF JUDICATURE TO 
BE HOLDEN IN THE SEVERAL COUNTIES OF HAMPSHIRE AND YORK, 
DURING THE PRESENT WAR. 

Forasmuch as it is hazardous for the justices of the superiour court 
of judicature to ride the eastern and western circuits, by reason of 
the Indians lying sculking about the woods, and draws a great charge 
to the publick for a guard to attend them for their safe passing, — 

Pe it enacted by the Lieutenant- Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same. 

That during the present war, the superiour courts of judicature 1692-3, chap. 3.3. 
appointed by law to be holden at Springfield, in the county of Hamp- ^ ^' 
shire, and at Kittery, within the county of York, be and hereby are 
discontinued : provided, nevertheless, that for and during the time of the 
said discontinuance, it shall and may be lawful to and for any person 
agrieved at any judgment that shall be given in the inferiour court of 
pleas, within either of the said counties of Hampshire or York, to 
make his appeal from such judgment, unto the superiour court of judi- 



212 



Province Laws. — 1695-6. 



[Chap. 5.] 



cature, to be held at Boston ; and such appeal to be there beard and 
tryed as has been formerly accustomed. And all appeals from either 
of the said courts not yet heard and determined shall and may be 
tryed at the sujDeriour court of judicature to be held at Boston, the 
appellant giving the adverse party fourteen days' notice by summons 
out of the clerk's office of the court appealed from, of his intentions to 
prosecute the same, and filing the reasons of his appeal before the 
granting of such summons. [^J*assed June 17 ; published June 22. 



CHAPTER 5. 



Assize of 
Bbingles. 



All shingles 
under due as- 
size exposed 
to sale to be 
forfeited. 



Justice of the 
peace to ap- 
point a viewer. 



Defective shin- 

fles forfeited to 
e to the use of 
the poor. 



AN ACT FOR REGULATING THE ASSIZE OF SHINGLES. 

Whereas, it has been accustomed that shingles exposed to sale are 
close pack't up in bundles, so that the quality of them cannot be seen, 
and do frequently fall short of the due assize and dimensions, whereby 
great injustice may be done ; for remedy whereof, — 

JBe it enacted by the Ijieiitenant- Governour, Council and Representa- 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That all shingles exposed to sale, shall be made of good, 
sound timber, and of the following dimensions ; that is to say, each 
shingle to bear eighteen or fifteen inches in length, and not under three 
and half inches in breadth, [«wc?] [?io<] [nor] under full half an inch 
thick, and well shaved ; all shingles of eighteen inches and fifteen 
inches, respectively, to be made up [in] [o/] distinct bundles by 
themselves. 

And be it further enacted by the authority aforesaid^ 

[Sect. 2.] That from and after the first day of September next 
ensuing, no person shall expose to sale any such shingles, which are not 
of the full dimensions of length, breadth and thickness aforesaid, on 
pain of forfeiting every bundle, wherein any shingles shall be found 
under any of the said dimensions of length, breadth or thickness. 

[Sect. 3.] And if any person to whom any shingles are tendred 
to be sold shall desire to have them viewed, upon his application made 
to a justice of [tJie'] peace, such justice is hereby impowred to make 
out a warrant for the appointing and authorizing some able house- 
cai-penter to view and measure the same, and to administer an oath 
unto him to deal faithfully and impartially therein, and in the presence 
of the owner or vender of such shingles (if he see[s] cause to be there), 
to perform the said service, and to make seizure of all such bundles of 
shingles in which there shall be any found under the full dimensions 
above mentioned, in any particular thereof. And upon such return 
made by the said officer under his hand to the justice who granted the 
warrant, such justice shall declare the said shingles to be forfeited, and 
cause them to be delivered unto the selectmen or overseers of the poor of 
the town where they are offered to sale, to be imployed to and for the 
use of the poor of such town ; the charges of viewing being first 
defrayed and answered for out of the same. But where there appears 
no defects, the person at whose desire the sui-vey is appointed, shall 
answer the whole charge thereof. [Fassed June 18 ; published June 22. 



[1st Sess.] Province Laws.— 1695-6. 213 

CHAPTER 6. 

AK ACT FOR GRANTING A TAX UPON POLLS AND ESTATES. 

For the support of the government within this his majestie's province 
of the Massachusetts Bay, and answering of the incident and contin- 
gent charges in and about the same ; for a vigoi'ous prosecution of the 
war against the French and Indian enemy and rebels ; for the payment 
of just debts already contracted, or to be contracted, and such grants 
and allowances as have been or shall be made, and ordered by the 
general court or assembly to any person or persons ; for the repairs and 
support of his majestie's castle upon Castle Island, and the garrison 
upon the same ; we, the representatives of his majestie's province above- 
said, to the ends and intents before mentioned, and none other, do grant 
and agree that it may be enacted, — 

Aiid he it accordingly enacted by the Lieutenant- Governour, Council 
and Representatives in General Court assembled, and by the authority 
of the same, 

[Sect. 1.] That there be raised, levied, collected and paid into the 
publick treasury of this province, a rate or tax upon polls and estates, 
real and personal, to be assessed upon the freeholders, inhabitants, and 
other his majestie's subjects, resident within this his province, in man- 
ner, at time, and according to the several rules and proportions in this 
present act hereafter set down ; that is to say, all male persons of the 
age of sixteen years and upwards (except elders of churches, settled 
ministers and others devoted to the ministry, the president, fellows and 
students of Harvard CoUedge, grammar schoolmasters, and such who 
through age, infinnity, or extream poverty in the discretion of the 
selectmen or trustees, are rendred uncapable to contribute towards the 
publick charge), at four shillings per poll ; and all single women that 
live at their own hand, at two shillings each, except such as through 
age, or extream poverty, in the discretion of the assessors as aforesaid, 
are unable to contribute towards the publick charge ; all real estates, as 
houses, warehouses, mills, cranes, wharfes, tan-yai-ds, arable, pasture 
and meadow ground, and all other lands inclosed, other than such as 
ly[e] common to the use of the inhabitants in general, that the owners 
have not particular benefit by, at the rate of fourpence upon the 
pound, for the value thereof; which value is to be computed and reck- 
oned according as they are or may be let for in the places where they 
ly [e] for one year, which said rent being multiplied seven times, shall be 
accounted the value of said houses, lands, and other real estate, as 
above mentioned, without any allowance or subduction for repaires. 

[Sect. 2.] The fermer or occupier of any houses or lands or other 
real estate, being assessed for the same in his occupation, to be reim- 
bursed the one-half of all he shall so pay towards the said assessment 
by the landlord or lessor, where there is no particular contract to the 
contrary, and shall be allowed to discount the same out of his rent, 
producing a certificate from the selectmen what the whole amounts unto. 

[Sect. 3.] All personal estate, as goods, wares, merchandizes, trad- 
ing stock, money at interest, in whose hands soever it be, and all boats 
and small vessels not liable to the duty of tunnage, every of the par- 
ticulars aforesaid, at fourjjence on the pound, by the rule of common 
estimation, at the discretion of the assessors, endeavouring the best 
information they may, where no particular invoice of the species and 
worth is presented to them : provided, nevertheless, that all English 
goods and merchandises lying in the importer's hands undisposed of, 
shall be assessed at twopence on the pound, and no more. 



214 Province Laws.— 1695-6. [Chap. 6.] 

[Sect. 4.] Every liandycraft-man, at fourpence on the pound for 
his income, at the disci-etion of the assessors. All negro, molatto and 
Indian servants, males of fourteen years of age and upward at the rate 
of twenty pound estate, and females at fourteen pounds estate, unless 
disabled by infirmitf^/] [ies.] Each ox and horse beast exceeding four 
years of age, at forty shillings ; each cow exceeding three years, at 
thirty shillings; all sheep above one year old, at four pound per 
score; all swine above one year old, at six pound per score; 
to be assessed at fourpence on the pound, after the said estimation : 
provided^ that no estate belonging to any minister in the town where 
he lives, being in his own actual improvement, or belonging to the 
widow of any minister deceased in the town where she lives, shall be 
rated unto the said tax. 

I^e it further enacted hy the authority aforesaid, 
Treasurer to [Sect. 5.] That the treasurer forthwith send out his warrants to the 

rants for chofce Selectmen or trustees of each town or precinct within this province, 
of commission- requiring them to cause the freeholders and inhabitants of such town 

ers and to make '■ .^, t^ji t j. ^ j. ij.ii x- 

the assessment, or precmct, qualined accordmg to law, to meet together some time in 
the month of July next, who, being so assembled, are required to 
choose one of their said freeholders to be a commissioner for said town 
or precinct, which commissioner, together with their selectmen or 
trustees, within the month of August following, shall make a true list 
and assessment of all the male persons in the said town or precinct, 
from sixteen years old and upward ; and of all single women that live 
at their own hand ; and also a true estimation, as abovesaid, so near as 
they can by all lawful means, which they may use of all estates, real and 
personal, being or reputed to be the estate of all and every the persons 
in the same town, or lying within the precinct thereof, under the cus- 
tody or management of whomsoever, according to the several rates 
before mentioned. And from said lists so made, the selectmen or 
trustees and commissioners shall draw forth the names of the several 
persons therein mentioned in two other distinct lists, setting forth one 
just half, as near as may be, of the sum so assessed upon each person 
against his or her name respectively, in each of said lists. 
J^e it further enacted hy the authority aforesaid. 
Commissioners [Sect. 6.] That the respective commissioners of each town and 
to meet^'in Sep- j^recinct, upon the third Tuesday in September next, shall carry the 
tembernext. g^icl two distinct lists of said town or precinct unto the shire town 
within the same county, where the commissioners of the several toAvns 
shall meet together to jicruse, examin and perfect the said lists ; which 
said lists, so examined, perfected and signed by the major part of said 
commissioners so met, shall, by one of the said commissioners whom 
the rest shall appoint thereto, be forthwith transmitted unto the treas- 
urer, together with a notification of the names of the constables or 
collector of each of said town[s] or preciuctrs] ; and the treasurer, 
upon receipt thereof, shall issue forth his warrants to the constables or 
collectors of the respective towns and precincts, requiring them to col- 
lect the total sum of one of said lists in money upon the inhabitants of 
such town or precinct, and proprietors of lands therein, according to 
their respective proportions, and to j^ay in such sums into the treasury 
at or before the last day of January next ensuing; and shall likewise 
issue forth other warrants to the constables which shall be chosen in 
each respective town or precinct in March next, requiring them to 
collect and pay into the treasury the sum total of the other of said lists 
as aforesaid, at or before the twenty-ninth day of May thence next 
following; and the selectmen of each town or precinct are hereby 
required to notify the treasurer of the names of the said constables, 
immediately upon their being chosen : provided, that if complaint be 
made to the next general assembly, of any town or precinct for not 



[1st Sess.] Province Laws. — 1695-6. 215 

attending said rules before mentioned, the selectmen and commissioner 
being sent for and convict[dc?] thereof, the com-t shall assess such fur- 
ther sum as shall bring them up to an equality with the rest of the 
towns. 

£e it further enacted by the authority aforesaid, 

[Sect. 7.] That all and every the powers, provisions, penalties, continuation of 

articles and clauses contained in all and every the acts made for any ^"/^^i^®' p°!^" 

Ti ,. 1 11 crs ana penal- 

publick tax or assessment, granted by any lormer general assembly ties. 

since the entrance of this government, for the collecting of the same, 
shall continue and be of full force and effect, and shall be applied, 
practiced and executed by the treasurer, selectmen or trustees, collec- 
tors, constables, sheriffs and marshals respectively, for the levying, 
collecting, answering and paying the rate or tax herein granted, as fully 
and effectually to all intents and purposes, as if all and every the 
clauses, matters and things in the said acts or any of them contained, 
had been again repeated in this act, and particularly enacted. 

[Sect. 8.] And the treasurer is hereby further ordered and directed Treasurer to 
to make such abatements and allowances to towns, constables, collec- Sents ''and^ai- 
tors or others, as have been or shall be made by this court, out of the 1°^.^"^®^' ^^^^ 
arrears of any former assessment or assessments; and is likewise 
impowred to grant forth warrants to any fonner constables or collec- 
tors, or such as shall be appointed collectors, for the enabHng of them 
the better to collect and bring into the treasury such sum and sums as 
are outstanding of any such arrears. 

And be it further enacted by the authority aforesaid, 

[Sect. 9.] That where any sheriff, marshal, or any of their deputies, Sheriffs or mar- 
by warrant from the treasurer pursuant to law, already have, or at any gafj^and exe-^ 
tune or times hereafter shall distrain and levy the lands or tenements cute deeds for 
of any constable or collector, for such sum or sums of money as such dStrataed.*"^ ^ 
constable or collector had or shall hereafter have collected and received 
of any publick tax or taxes to him committed to gather, and not paid in 
to the treasury within the time prefixed by the warrant or estreat 
gi-anted for the same, the sheriff, marshal, or either of their deputies 
executing the wan-ant, shall cause a due apprizement to be made of any 
houses or lands so levied, upon the oaths of two or three sufficient free- 
holders within the same county, which oath any justice of the peace is 
impowred to administer ; and the sheriff or marshal respectively is 
hereby fully impowred and authorized to make sale of such houses and 
lands, and to make, seal, acknowledge and execute good and sufficient 
deeds and conveyances for the same ; and thereout to pay and satisfy 
the sum or sums for which such estate was levied, with all charges 
arising thereon, and to return the overplus coming upon such sale (if 
any there be), unto the owner. And all deeds and conveyances of any 
such estate in lands or houses duely executed as aforesaid, shall be good 
and effectual in the law, unto the purchaser and his heirs and assigns 
for ever, to all intents and purposes. 

And for a more speedy supply of the treasuiy, — 

Se it further enacted, 

[Sect. 10.] That the treasurer be and hereby is impowred to issue Five thousand 
forth and pay a certain number of the bills of credit of the late colony SrSt^to^'bl 
of the Massachusetts, indorsed in manner as is directed by the act ^^|!^^^^jj jg 
entituled " An Act for a present supi)ly of the treasury," to the sum ' 

of five thousand pounds, and no more ; which bills shall pass out of 
the treasury at the value therein expressed, the treasurer to have credit 
in his account after the rate of five pounds per cent more for such sum 
in said bills as he shall so issue forth as aforesaid, having been received 
into the treasury at that value ; and the said bills shall be taken and 
accepted in all publick payments, with the advance of twelvepence on 
the poimd over and above the sum therein expressed ; and this present 



216 Province Laws.— 1695-6. [Chaps. 7,8.] 

tax is hereby granted as a fund for the repayment of all such sums in 
said bills as shall be in the hands of particular persons, in current money 
of this province. [^Passed June 27 ; published June 28. 



CHAPTEK 7. 

AN ACT FOR THE BETTER SETTLEMENT OF THE ISLANDS OF MARTHA'S 
VINEYARD AND ISLANDS ADJACENT. 

JBe it enacted by the Lieutenant- Governour, Council and Mepresenta^ 
tives convened in General Court or Assembly, and by the authority of 
the same, 
9 Gray, 512. That the islands of Martha's Vineyard, Elsabeth* Islands, the islands 

called Neman's Land, and all the dependencies fonmerly belonging to 
Dukes County (the island of Nantucket onely excepted), shall be, remain 
and continue to be one county to all intents and purposes, by the name 
of Dukes County ; and all appeals from any judgment or judgments given 
or to be given in any of the inferiour couils of pleas within the said 
county, shall henceforth be heard and tryed at the superiour court of 
judicature to be holden from time to time at Plymouth within the 
neighbouring county of Plymouth, any law, usage or custom to the con- 
trary notwithstanding ; the jurors to serve at said superiour courts of 
judicature to be from time to time chosen and summoned out of the 
several towns within the said county of Plymouth and Dukes County 
according to the directions in the law in such case provided ; the island 
of Nantucket to remain and continue under the same forme of govern- 
ment as is already there setled, and appeals from the judgments given 
or to be given in the inferiour court of pleas within the said island to 
be heard and tryed in the supenour court of judicature to be held 
at Boston within the county of Suffolk, as is by law provided. [Passed 
June 22 ; published June 28. 



CHAPTER 8. 



AN ACT IN FURTHER ADDITION TO THE ACT ENTITULED "AN ACT FOR 
THE SETTLEMENT AND SUPPORT OF MINISTERS." 

JBe it enacted by the lAeutenant- Governour, Council and Mepresen- 
tatives i?i Ge?ieral Court assembled, and by the authority of the same, 
1692-3, chap. 26, [Sect. 1.] That whcn at any time a church shall make choice of a 
and chap.46,§8. jjjjjj-g^gj.^ ^^^ present their choice unto the inhabitants of the town or 
precinct in a publick meeting duely warned and assembled for that pur- 
pose, to have their concurrence therein, and the inhabitants so assem- 
bled shall by a major vote deny their approbation of the church e's 
choice, the church may call in the help of a council consisting of the 
elders and messengers of three or five neighbouring churches, which 
council are hereby impowred to hear, examine and consider the excep- 
tions and allegations made against the churche's election ; and in case 
the council shall notwithstanding appi'ove of the said election, such 
minister accepting of the choice and settling with them shall be the 
minister of the town or precinct, who shall be in all respects supported 
and maintained as by the said act is provided ; but if otherwise, the 
church shall proceed to the election of another minister. 

* Sic. 



[1st Sess.] Province Laws.— 1695-6. 217 

And it is further declared, 

[Sect. 2.] That no person by reason of his voting in the church 
shall be precluded from voting as an inhabitant of the town, any law, 
usage or custom to the contrary notwithstanding. [^J*assed June 13 ; 
published June 22. 



CHAPTER 9. 

AN ACT OF SUPPLEMENT AND ADDITION TO SEVERAL ACTS THEREIN 

MENTIONED* 

In addition to the act for the establishing of judicatories and courts Disallowed by 
of justice within this province, — di^ noV/24°* 

Be it enacted by the Lieutenant- Governour, Council and Mepresenta- i698. 
tives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That from and after the publication hereof, it shall be Appeal from 
lawful for any person sentenced for any criminal offence by one or more JJ* ju^slice^in 
justices of the peace out of sessions, to appeal from such sentence unto ?!^?^*\f*i7'* 
the next court of general sessions of the peace to be held within the § sf" ' *^ ' ' 
same county, the appellant entring into recognizance with two suffi- J'^^'I'e'^anly^^ 
cient sureties, not exceeding the sum of five pounds, for his personal 1692-3', ch. 20, ' 
appearance at said court and prosecution of his appeal there with effect, feob-s, ch.22,§§ 
and to abide and perform the order or sentence of said court thereon, ^.^^^• 
which is to be final, and in the mean time to be of the good behaviour : § 2."" ' ^^ ' ' 
2}7'ovided, that no appeal shall be granted unless it be claimed at the |^|2-3, ch. 33, 
time of declaring the sentence, and that security be given as above 1693, ch.5,§4. 
directed within the space of two hours next after, the party appealing Jeg^'ciKS, § 4. 
remaining in custody of an oflScer until he shall have entered such secu- i693-4jch.4,§i. 
rity, the officer not to be allowed above twelvepence an hour for his § 2. '^ ' ' 
time and attendance ; and every such appellant shall file the reasons of l^l^\f^' ~°' ^^ 
his appeal in the clerk's office of the court appealed unto, seven days security' to be 
before the sitting of said court ; and also at his own cost shall take out and ^'Y?''* ^*'J! P1!S5S 

o '- ^, t • £• M cution ana good 

present unto the court an attested copy 01 the sentence and copies 01 all behavior, 
the evidences upon which the same was grounded, and shall pay the 
like fee for the entering of his appeal in said court as is by law required 
for entry of an action in a civil cause, and the like fee to the jurors that 
shall try the same. 

Provided, also, that this act shall not extend unto mariners or sea- Not to extend 
men that shall be prosecuted for absenting themselves and deserting eeame"."*'^ °^ 
their imployment. i<f 3-^' chap. 10, 

A7id be it further enacted by the authority aforesaid, 

TSect. 2.1 That it shall be lawful for any person agrieved at the Appealfromthe 

K c"!! • i' • J. £• 1 ' ? xi. _ i sessions of the 

sentence 01 the justices in any court 01 general sessions 01 the peace, to peace, 
make his appeal from such sentence (the matter being firstly heard and \^~^' ^^^^' ^^' 
tryed in said court), unto the next court of assize and general goal 
delivery to be held within the same county, there to be finally issued, 
every such appellant recognizing with sureties in a reasonable sum to 
prosecute his appeal in manner as is hereinbefore directed and to be of 
the good behaviour in the mean time. 

A7id be it further enacted, 

[Sect. 3.] That the justices of the several judicatories and courts of Courts to ap- 
justice within this province be and are hereby impowred to appoint and ^ieV"ks!**'^*' ^^° 
settle a clerk to officiate in such court, for the granting of all writts and 1092-3, chap. 33. 
process issuing out of the same, entering and recording all verdicts and 
judgments that shall be therein given, and other acts of the court, and 
to do all things proper to the clerk's office to all intents and purj)oses, 
any law, custom or usage to the contrary notwithstanding. 

* The reasons for disallowing this act are given in the note to 1696-7, cbap. 5, post. 
28 



218 Province Laws. — 1695-6. [Chap. 9.] 

And be it further enacted hy the authority aforesaid, 
Superior court [Sect. 4.] That oiie of the superiour courts of judicature, court of 
in Middlesex to assize and general goal delivery to be holden within the county of Mid- 
town\if Janua- dlesex twice in the year, shall be kept and sit at Charlestown within 
ry yearly. ^j^g g^^^^ county on the last Tuesday of January annually, any law, 

§6. ''^ ^'^' ' usage or custom to the contrary in any wise notwithstanding. 

And be it further enacted by the authority aforesaid, 
Town orders [Sect. 5.] That the clause in the act entituled "An Act for regu- 
befnfIrcTwith° luting of townships, choice of town officers, and setting forth their 
out approbation power," providing that orders and by-laws made by towns, or selectmen 
1692-3, *chap! 28, by instructions from the town, shall be presented unto the justices in 
§5. ' quarter sessions and approved of by them, be and is hereby repealed ; 

and all town orders and by-laws made or to be made by the towns, or 
selectmen by instructions as aforesaid, shall be binding on all the inhab- 
itants of the town, and the penalties for breach of any of them to be 
levied by warrant of distress from the selectmen, or town clerk by their 
order, upon conviction of any such breach, allowing to the party grieved 
his appeal to the justices in quarter sessions within the same county, he 
giving security to prosecute the same as the law provides in civil cases, 
the town clerk keeping fair records of such pi'oceedings and to grant 
copies thereof upon paying for the same. 

And be it further enacted by the authority aforesaid. 
Town's penalty [Sect. 6.] That when at any time there shall be a default or neg- 
ine selectmen^ ^^^^ "^ ^"^ town or precinct to make choice of selectmen or other per- 
sons to be assessors of the publick taxes: that are or shall be granted by 
any general assembly within this province, the said default or neglect 
being certified and made appear unto the general sessions of the peace 
within the same county, such town or precinct shall forfeit and pay the 
sum of twenty pounds, for and towards the support of the government 
Court of quar- of this province ; or where any selectmen or assessors chosen or to be 
appohft^^a^s^es*° chosen in any town or precinct refuse to accept _ the said service, in 
eors in case, &c. either of the said cases the justices in general sessions of the peace in 
the same county shall and are hereby impowred to nominate and 
appoint three or more sufficient freeholders within such county, who 
are also hereby authorized to assess the estate and persons of such town 
or precinct their due proportion to any publick tax, according to the 
rules set down for raising of the same, together with the aforesaid for- 
feiture where the town is in default, and such additional sum as shall 
answer their own reasonable charges for time and expence in said ser- 
vice, not exceeding five shillings a man per diem, and to transmit the 
list thereof unto the treasurer, to be levied by warrant from him 
Allowance to together with the tax ; and the said assessors shall be paid their charges 
such assessors, j^g abovesaid (being adjusted and certified by two or more of the jus- 
tices of such court under their hands), out of the publick treasury, by 
warrant from the governour with advice and consent of the council. 
Be it further enacted. 
Occupant of [Sect. 7.] That where the owner or tenant of any lands liable to 

pubUc"axes,*° publick taxes shall not reside or be an inhabitant of the town or pre- 
how compeii'a- cinct in which such lands lye, and no stock, corn or hay is to be found 
same? ^^^ *^^ i^pon the said lands, whereof the constable or collector may make dis- 
tress to satisfy such sum or sums as, from time to time, such lands shall be 
assessed at, either to the province, county or town charges, upon appli- 
cation in such case made by the constable or collector unto one of the 
next justices of the county where the occupant of any such lands 
dwells and resides, and presenting unto the justice an authentick list 
of the assessment to him committed, such justice is hereby impowred 
and required to grant a warrant unto the constable of the town or 
precinct where such occupant dwells or resides, to distrain such occu- 
pant by his goods or chattels the full sum at which said land is set in 



[1st Sess.] Province Laws. — 1695-6. 219 

the list of assessment, with the charges occasioned for making such 
distress, and to satisfy the same by sale thereof, returning the overplus 
(if any be) to the owner. And in case no goods or chattels can be 
found whereon to distrain, to commit the party to the common goal of 
the county, there to remain without baile or mainprize until he pay and 
satisfy the sum or sums so assessed, with the charges. 

And, in addition to the act entituled " An Act for regulating the 1693-4, chap. 3, 
militia," — 

Be it enacted by the authority aforesaid, 

[Sect. 8.] That where the fines arising in any foot company of Drums, colors, 
militia shall not be sufiicient to answer the charge of providing drums proVided. *° ^ 
and colours, and the support of drummers, the commission officers of 
such company, respectively, together with the clerk, presenting an 
accompt of the said charge in writing under their hands, as also an 
accompt of their stock in fines, unto the selectmen of the town to 
which such company belongs, the selectmen shall order payment out of 
the town stock (if any there be) of so much as shall be necessary to 
make up what is wanting in the fines, to answer and defrey such 
charge ; or to assess such sum upon the ratable inhabitants of said 
town in equal proportion (troopers excepted) according to the rules and 
methods for raising of other town charges, and to grant a warrant for 
collecting the same, and to make distress upon those that shall neglect 
or refuse to pay their-proportion. 

And in addition to the act for due regulation of weights and 1692-3, chap.3o. 
measures, — 

J5e it further enacted by the authority aforesaid, 

[Sect. 9.1 That meal, fruits and all other thing-s usually sold by Measures to be 

1, 1111 1JT, 1 1 £• 11 conformable to 

heap measure, shall be sold by such measures as are made conlormable the standard 
to the declared, publick, allowed standards in the said act mentioned, as ^?^ breadth and 
well for breadth as depth, and none other. And if any person at any 
time after the space of thirty days from the publication hereof, shall 
ofier to sell anything to be measured as aforesaid by any other measure, 
such person being complained of and convicted before any justice of 
the peace, shall forfeit the value of anything so ofiered to sale, to the 
use of the poor of the town where the offence is committed. 
[^Passed June 28 ; published June 28. 



220 Province Laws.— 1695-6. [Chaps. 10, 11.] 

ACTS 

Passed at the Session begun and held at Boston, 
ON the Fourteenth day of August, A.D. 1695. 



CHAPTER 10. 

AN ACT TO PREVENT THE SUPPLYING OF HIS MAJESTIE'S ENEMIES. 

Whereas the French of Port Royal and parts adjacent in Accadie 
or Nova Scotia, within this his majestie's province, that have sworn 
allegiance to the crown of England, have dependance on this govern- 
ment to be furnished with necessary supplies for their subsistance, 
which is meet should be under due regulations, to the intent that on 
pretence thereof supplies may not be conveyed to his majestie's 
enemies, for their support, — 

JBe it therefore enacted by the Lieutenant- Governour, Council and 
Representatives in General Court assembled, and by the authority of 
the same^ 

That from and after the publication hereof, during the continuance 
of the present war with France, the French of Port Royal and parts 
adjacent in Accadie or Nova Scotia, be and hereby are inhibited all 
intercourse of trade to Boston or other parts of this province to the 
westward of Monhegin ; and that no other person or persons whomso- 
ever (without special licence first had and obtained from the govemour, 
with advice and consent of the council), shall or may presume to hold 
any commerce or dealings with the said French or any others at Port 
Royal, or m any of the parts adjacent in Accadie or Nova Scotia, or to 
convay any goods, wares, merchandizes or provisions unto them by 
land or water, but by licence as aforesaid, on pain of forfeiting one 
hundred pounds, and all such goods, wares, merchandizes and provis- 
ions, together with the vessel or vessels and all their tacklin, apparrel 
and furniture on which they shall be laden, and all peltry or other 
goods traded for: one moiety of said forfeitures to be unto his majesty, 
for and towards the support of the government of the province, and 
the other moiety to him or them that shall infonn [or'] [and] sue for 
the same, in any of his majestie's courts of record. [Passed and pub- 
lished August 17. 



CHAPTER 11. 

AN ACT FOR THE FURTHER CONTINUANCE OF AN ACT PASSED AT THE 
FIRST SESSION OF THIS PRESENT GENERAL COURT OR ASSEMBLY, EN- 
TITULED " AN ACT FOR THE CONTINUATION OF SEVERAL ACTS THEREIN 
MENTIONED, THAT ARE NEAR EXPIRING." 

Se it enacted by the Lieutenant- Govemour, Cowicil and Representa- 
tives in General Court assembled, and by the authority of the same, 
1095-6, chap. 3. That the said act of continuation, and the several acts therein 
1694-5, chap. 10. mentioned, that is to say, the act for encouraging the prosecution of 



[2d Sess.] 



Province Laws. — 1695-6. 221 



the Indian enemy and rebels, and preserving such as are friends, with 

the several provisos and additions thereto in the said act of continuation 

expressed, as also the act entituled "An Act for the giving of succours 1094-5. chap. 11. 

and assistance to the neighbouring provinces and colonies against his 

maiestie's enemies," to extend only unto succours and assistance tor the 

province of New Hampshire, as need may require, and the govemour, 

with advice and consent of the council, shall direct and order, be 

and hereby are revived and further continued to be, remain and abide 

in full force, unto the end of the next session of the general court or 

assembly, and no longer. IFassed August 16 ; published August 17. 



222 Province Laws.— 1695-6. [Chap. 12.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twentieth day of November, A. D. 1695. 



CHAPTER 12. 

AN ACT THAT ALL PERSONS NOT BEING FREEHOLDERS OR SETTLED 
INHABITANTS, COMMENCING SUIT, SHALL GIVE SECURITY BEFORE PRO- 
CESS BE GRANTED. 

Disallowed by Whereas, for the more due and equal administring of justice in 
t^e privy coun- civil causes, the judgment given uiDon the first tryal is not final, the law 
1698. ' ' allowing the party agrieved an appeal therefrom, or a review of the 
same cause ; but forasmuch as strangers and others not resident within 
the province, do many times, by themselves or attorneys, commence suits 
against freeholders or settled inhabitants within the same, and recover 
judgment and satisfaction thereon, and remove themselves, or conceal 
and convey away the moneys so received, whereby the adverse party is 
prevented of serving process to bring the cause to another tryal by 
review, and by means thereof may sufl'er great wrong ; to the intent, 
therefore, that all his majestie's subjects may receive and enjoy the 
benefit of the remedy provided by law as abovesaid, — 

Be it enacted by the Lieutenant- Governour, Council and Mepresenta- 
tives in General Court assembled, and by the authority of the same, 
Security to be [Sect. 1.] That every pei-son, not being a freeholder or settled 
^o^ess'e^a'^ ted ii^habitant, having dwelt within the province by the space of three 
years before, intending by himself or attourney to commence suit 
against any i^erson or persons within this province, before j^rocess be 
granted, shall by himself or attourney enter into bond, with two suffi- 
cient sureties (being freeholders, or settled inhabitants, as aforesaid), 
unto the party against whom process is demanded, in the clerk's office 
of the court where the suit is to be brought, in double the sum to be 
sued for, with condition to answer and satisfie the defendant his costs 
arising by such suit, in case the plaintiff do not recover against him ; 
and that if judgment be rendered for the plaintiff, and the defendant 
shall review the same within the space of eighteen months next follow- 
ing, and not afterAvards, that he shall well and truly pay and satisfy 
unto the party bringing such action of review, all such sum and sums 
of money as he shall recover thereupon, with the costs arising thereby. 
Clerks of court [Sect. 2.] And all clerks of courts are hereby ordered and required 
to take securitys ^^ ^j^j^g g^^^h bond, before they make out process in the name of or to 
any stranger or other person, not being a freeholder or settled inhab- 
itant as aforesaid, or to the attourney of any such, and safely to keep 
the same, for the use and benefit of the party to whom it shall be made ; 
for which such clerk shall demand the fee of two shillings, and no more, 
to be paid by him at whose suit the process is granted, and to be again 
allowed him in his costs, if he recover. And if it happen process to be 
made out to any stranger or other person not being a freeholder or 



[3d Sess.] Province Laws.— 1695-6. 223 

settled inhabitant as aforesaid, or his attourney, without taking such Bond not given 
bond and security, and the same be pleaded at the time of tryal, before abate.'^"''*^^^ *** 
issue joyned (and the bond, or a certificate thereof from the clerk can- 
not l>e produced or shewn forth), it shall be a good plea for abatement 
of the Avritt, and be accordingly allowed of by the judges, any law, 
usage or custome to the contrary notwithstanding. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That every attourney commencing and prosecuting any Attorneys to 
suit in the name of any stranc^er or other person not residing within fl'''iu|?l®i'^^^® 

1 • i-iiiiiT T T'l 1 ••!• ^ ^^ tneir own 

the provnice, shall be held and reputed m law as the pnncipal \\\ such persons, 
suit, and be liable to be served with process against his estate or person 
to a review of any such suit as the j^rincipal himself might be, if present 
in his own person : jyrovided, such action of review be brought and 
commenced within eighteen months next following the time of the 
first tryal, or tryal upon an appeal as aforesaid, and not afterwards. 

[Sect. 4.] And in all cases of like nature now depending, before cases depend- 
execution be granted, security as aforesaid shall be given to respond {.gfted^^ ^' 
and satisfy such sum and sums of money that shall be recovered upon 
a review of any such action, with the costs arising thereon ; and the 
attourney that commenced and prosecuted any such case shall be liable, 
as aforesaid, to be served with process in his own estate or person to 
such action of review. 

And be it further enacted by the authority aforesaid, 
[Sect. 5.] That if any stranger or his attourney, after suit com- 
menced, or judgment given as aforesaid, shall withdraw himself or keep 
out of the way, so as he cannot be served with a writ within the time 
before limited to review the cause, it shall be sufiicient in law to bring 
a review of such judgment at any time within eighteen months next 
after rendring of the same, upon summons left at the house where such 
stranger, or attourney commenceing suit in his name, had his usual 
abode within the province, fourteen days before the sitting of the 
court ; proof of such summons, so left, being made u^Don oath before 
the court. [Passed November 27. 

" — And whereas the Act entituled An Act that all persons not being Freeholders or settled 
Inhabitants commencing suit, shall give security before process be granted, doth appear to us 
very partially favourable to the inhabitants of that Province and injurious to all strangers that 
have any dealings with them, because no stranger (that is, none who have not at that time 
resided actually three years in the said Province) can have the liberty of commencing suit ag' 
any inhabitant, without giving such security, and for so long a time as scarce any stranger can 
be supposed capable to procure ; and we having thereupon advised with Merchants trading into 
those parts they have also declared themselves to be extreamly sencible of the prejudice they 
may receive thereby: We, therefore, humbly offer unto Your Excellency's our opinion that the 
said Act be repealed." — Bepreseniation of the Lords of Trade, ^'C-, to the Lords Justices, in 
Council, Nov. 24, 1698. 



CHAPTER 13. 



AN ACT FOR THE BETTER DISCOVERY AND MORE EFFECTUAL SUPPRESS- 
ING OF UNLICENSED HOUSES. 

FoRASMircH as divers ill-disposed and indigent persons, the pains 
and penalties in the laws already made not regarding, are so hardy as 
to presume to sell and retail strong beer, ale, cyder, perry, wine, rhum, 
or other strong liquors or mixt drinks, and to keep common tipling 
houses, therein harbouring and entertaining apprentices, Indians, 
negroes and other idle and dissolute persons, tending to the ruin and 
impoverishment of families, and to all impiety and debaucheries, and 
if detected and convicted of any such offence, are unable to satisfy the 
fine imposed by law for the same, and cannot be punished by imprison- 



224: Province Laws.— 1695-6. [Chap. 14.] 

ment without wrong to their families; for remedy whereof, and the 
more effectual deterring and suppressing of such evil pi-actices, — 

Be it enacted by the Lieutenant- Governoui\ Council and JRepresenta- 
tives in General Court assembled^ and by the authority of the same. 
Persons unable [Sect. 1.] That when and so often as any person being duely con- 
to ^e^whippe(L^ victed of keeping a common tij^ling-house, or selling strong beer, ale, 
cyder, perry, rhum, or other strong liquors or mixt drink by retail, with- 
out licence first orderly had and obtained for the same, shall be unable to 
answer and satisfy the fine imposed by law for such transgression, 
together with the charge of prosecution, or that shall not j^ay such fine 
and charges (and likewise give bond for the good behaviour, if it be a 
second conviction), within the space of twenty-four hours next after sen- 
tence declared in that respect, it shall and may be lawful to and for two 
justices of the peace, or the court before whom the conviction shall be, 
to order such offender to be openly whipt with so many stripes as in 
their discretion shall be thought fit, not less than ten nor exceeding 
fifteen for one offence, and to restrain the offender in prison until the 
fine and charges as aforesaid are paid, or the order for coi-poral punish- 
ment be executed. 

And be it further enacted by the authority aforesaid, 
Officer's power [Sect. 2.] That it shall and may be lawful to and for any grand- 
found ^nunu^ j'^ii'oi's, constable, tithing men, and the officers imployed in and about the 
censed houses, excise, €x officio, to enter into the house and dependencies thei'cof, of 
any such jDei'son as aforesaid, suspected of selling strong drink without 
licence, having once been convicted thereof, and taking with them such 
assistance as they shall think needful, to make search for strong drink, 
and finding any quantity of any kind of the drinks herein before men- 
tioned, to seiz and secure the same, so as it be within the space of one 
year next after such conviction, and to inform thereof at the next gen- 
eral sessions of the peace to be holden within the same county, or unto 
two justices of the peace (quorum unus) within the same. And if the 
quantity of drink so seized, shall be judged by such court or justices to 
be more than for the necessary use of the family, and what their con- 
dition may reasonably allow them to expend, or otherwise to have in their 
custody, it shall and may be lawful to and for such court or justices to 
declare all such drink to be forfeited ; one moiety thereof unto the 
party that seized and informed of the same, and the other moiety to 
the selectmen or overseers of the i30or of the town where it was seized, 
to the use of the j)Oor there, and to order the disposal thereof accord- 
Appeal from m^y : provided, nevertheless, t\\ixt any person agrieved at the sentence 
twoiu^ti^^s! ^^ ^^ ^^y *^^^ justices for either of the offences before mentioned, may 
appeal therefrom xmto the next general sessions of the peace within the 
same county ; provided such appeal be claimed in due time, and security 
given in manner as the law in such cases directs. \_Passed December 12. 



CHAPTER 14. 

AN ACT FOR THE FURTHER CONTINUANCE OF SEVERAL ACTS RELATING 
TO THE PROSECUTION OF THE WAR. 

He it enacted by the lAeutenant- Governour, Council and Mepresenta- 
tives in General Court assembled, and by the authority of the same. 
Prosecution of [Sect. 1.] That the act entituled "An Act for the continuation of 
the ind^n several acts therein mentioned, that are near expiring," made and passed 
m^, chap. 11. at the session of this present genei'al assembly, begun and held at 
1694-5, chap. 10. Boston, the twenty-ninth day of May, last past ; namely, " An Act for 



[3d Sess.] Peovince Laws.— 1695-6. 225 

the prosecution of the Indian enemy and rebels, and preservnig such as 
are friends," with the several provisos and additions thereto in the said 
act of continuation expressed, shall be and hereby are revived and far- 
ther continued to be, remain and abide in full force unto the end of the 
first session of the next general assembly, to be begun and held on the 
last Wednesday of May, one thousand six hundred ninety-six, and no 
longer : 2^^'ovided, nevertheless^ that the saving in the said act for prose- Rei^eal of the 
cution of the Indian enemy, &c., referring to the county of Ilampsliire, HamMMre. 
shall be, and liereby is repealed. 

And it is further enacted^ 

[Sect. 2.] That all Indians who shall be found within five miles of Indians found 
Connecticut River, on the easterly side thereof, or within twenty miles miies^on^the 
on the westerly side of the same, shall be deemed and accounted to be east side or 
enemies, and treated as such, and the same reward and allowance shall the wesTside*of 
be made and given to any of his majestie's subjects that shall kill, or £?°"'^P*^£"j. ij 
take and bring in prisoners any Indian or Indians found within the as enemies, 
said limits, as by the said act and the act for the continuation thereof 
is ordered and directed for any that shall bo killed or taken within 
other parts of this province, during the continuance of said acts. 

And he it further enacted hy the authority aforesaid, 

[Sect. 3.] That the other act mentioned in the said act of continua- Assistance to 
tion ; namely, the act entituled "An Act for the giving succours and pro^'jifce of**^^ 
assistance to the neighbouring provinces and colonies against his majes- Hampshire, 
tie's enemies," to extend only unto succours and assistance for the province '^^'■'^^' '^'^'^p- ^^• 
of New Hampshire, as need may require, and the governour, with the 
advice and consent of the council, shall direct and order, be and hereby 
is revived and further continued to be, remain and abide in full force 
unto the end of the first session of the next general assembly to be 
begun and held on the last Wednesday in May, one thousand six 
hundred ninety-six, and no longer. [_Passed December 11. 



CHAPTER 15. 

AN ACT FOR TAKING OF AFFIDAVITS OUT OF COURT. 

Forasmuch as it is often necessary that witnesses in civil causes be 
sworn out of court, when, by reason of their going to sea, living more 
than thirty miles distant from the place where the cause is to be tryed, 
age, sickness, or other bodily infimiity, they are rendered uncapable of 
travail, and appearing in person at the court ; to the intent, therefore, 
that all witnesses may indifierently testify their certain knowledge, and 
the whole truth in the cause they are to speak unto, — 

-Z?e it enacted by the Lieutenant- Governom\ Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That for either of the reasons before mentioned, and not Adverse party 
otherwise, every justice of the peace, or others lawfully commissionated cation!^ notifi- 
and impowred thereto, by two or more of the justices of the supcriour 
or inferiour coiirt respectively, may take affidavits out of court, so as a 
notification with reasonable time be first made out and delivered to the 
adverse party (if within twenty miles of the place), or left at the place 
of his dwelling or usual abode, to be present at the time of taking such 
affidavit, if he think tit; and every such witness shall be carefully 
examined and cautioned to testify the whole truth; and being sworn, 
the justice shall attest the same, Avith the day, month and year of the 
caption thereof, and that the adverse party was present (if so) or that 
a notification was sent him, and shall seal up the testimony, and deliver 

29 



226 Province Laws.— 1695-6. [Chap. 16.] 

No person in- it to the party (if desired) at whose request it was taken. And no 
attorney *to ^^^ person interested shall wi'ite or draw up the testimony of any witness 
write affidavits, in such cause, nor any attourney in his client's cause ; and if it man- 
Affidavits to be ifcstly appear any testimony to be written or drawn up by any inter- 
returned to tiie ested, or the attourney in the cause, or be returned from any justice of 
up. ^YyQ peace by other hand than his own, into the court where the same is 
to be iised, unsealed, or the seal having been broken up, all such testi- 
monies shall be rejected by the court, and be utterly void, and of no 
effect in law. 

And be it further enacted by the authority aforesaid^ 
Justices to [Sect. 2.] That every justice of the peace shall be, and hereby is 

grant summons impowred, upon request to him made, to grant summons for the appear- 
ance of any witness before him in any civil or criminal cause, where 
such witness is bound to sea before the time of tryal, and to take his 
deposition in such cause, the adverse party being jiresent, or notification 
Witnesses to Sent him as aforesaid : lorovided., nevertheless, that witnesses to bonds, 
writings ^may*''' Specialties, letters of attourney, and other instruments, in writing, under 
be sworn witii- the hand of the party executinsr the same, or to accompts or testimonies 

out notification. li-. ^j:«xi' x j. ^ a. ^ n 

relatmg to persons out oi this government, or to be sent beyond sea, 

may be sworn Avithout such notification as aforesaid. 

And be it further enacted by the authority aforesaid., 

Affidavits in _ [Sect. 3.] That all affidavits relating to the possession of any 

memor^mxoha houscs or lands, or any other matter, in perpetuam rei memoriam, shall 

sworn in court be made and taken before some court of record, or two or more ius- 

or before two .• o ,^ 

justices. tices 01 the peace, quorum unus. 

And it is further enacted. 
Penalty for [Sect. 4.] That all persons for-swearing themselves in any such 

le^^^ciiap. 18, Jiffitlavit taken as aforesaid, shall incur the same penalties as if they had 
§9- ' been taken in open court. \_Passed December 12. 



CHAPTER 16. 

AN ACT TO PROHIBIT THE EXPORTATION OF GRAIN, &c. 

Whereas the harvest in the summer past fell greatly short, so as it's 
feared there will not be a sufficiency of grain to serve the occasions of 
the province untill the next crop, — 

J3e it therefore enacted by the Lieutenant- Governour, Council and 
Representatives in General Court assembled, and by the authority of 
the same. 
Grain, biscuit [Sect. 1.] That from and after the publication of this act, during 
wUh^intent^to ^^ continuancc of the same, no grain of any sort, bisket or ffoAver 
be exported to shall be exported or carried out of this province by land or water 
be or eite . (except what is brought from the western towns to Hartford, in order 
to be transported from thence to Boston) ; nor shall any grain, bisket 
or flower be laden or put on board any ship or other vessell, or into any 
carriage, with intent to be exported and carried out of the province by 
land or water, other than what shall be for the necessary victualing of 
ships and other vessels sayling out of this province, on pain of forfeit- 
ing all such grain of every sort, bisket and flower, one moiety thereof 
unto the selectmen or overseers of the poor in the town or place where 
the same shall be seized, to the use of the poor there, and the other 
moiety to him or them that shall inform and sue for the same in any of 
his majestie's courts of record. 
Officers to see [Sect. 2.] And all officers imployed for the entring and clearing of 
d^y observed^*^ vessels, for the duties of impost and tunnage, for observance of the 



[3d Sess.] Province Laws.— 1695-6. 227 

acts relating to trade and navigation, are hereby strictly commanded 
and required to see that this act be diiely kept and observed, and to 
make seizure of all grain, bisket and flower about to be exported or 
carried out of this province contrary thereto : pi'ovided, nevertheless^ Power in the 
that it shall be in the power of the governour and council, from and founcuTo grant 
after the tenth day of March next, as they may find cause, to grant licenses. 
licences to particular persons for exportation of any kind of grain, bis- 
ket or flower, this act or any thing therein contained notwithstanding. 

And for the better encouragement to the biinging of provisions into 
this province, — 

JBe it enacted hy the authority aforesaid, 

[Sect. 3.] That all vessels that shall import provisions (the major vessels bring- 
part of their lading being such), shall be exempted and freed from the ing in provision 
dutys of tunnage for that voyage, any law or usage to the contrary nage. '^ ^ 
notwithstanding. 

[Sect. 4.] And upon the arrival of any grain, bisket or flower for Provision im- 
sale in any port or harbour within this province, the owner or vender "^^^^l ^''wiioie^- 
thereof shall not sell or dispose of the same in any greater quantity sale until the 
than six bushels of grain, or a barrel or half barrel of flower, or more days.°*^ ^^^^^ 
than one hundred weight of bisket to one person, until he shall first 
have given publick notice by a cryer three dayes beforehand of the 
kinds, and place where such provision is to be sold, during which said 
three dayes all persons shall have free liberty to buy of the said pro- 
visions in the like or lesser quantitys than what is before expressed, for 
the supply of their families, after the rate of the wholesale price at 
that time, without any exaction, that the poor be not oppressed : pro- 
vided, that this act shall continue in force unto the end of the first 
session of the next general assembly, to be held upon the last Wednes- 
day in May, one thousand six hundred ninety-six, and no longer, 
[Passed December 14. 



228 Peotince Laws.— 1695-6. [Chap. IT.] 



ACTS 

Passed at the Session begun and held at Boston 

ON THE Twenty-sixth day of February, 

A.D. 1695-6. 



CHAPTEE 17. 

AN ACT FOR GRANTING UNTO HIS MAJESTY AN ADDITIONAL TAX OF TWO 
THOUSAND THREE HUNDRED THIRTY-THREE POUNDS NINE SHILLINGS 
AND THREEPENCE UNTO THE TAX UPON POLLS AND ESTATES GRANTED 
BY AN ACT OF THIS COURT AT THEIR SESSIONS BEGUN THE TWENTY- 
NINTH DAY OF MAY LAST PAST. 

Foe the support of the government within this his majestie's prov- 
ince of the Massaclnisetts Bay and answering of the incident and con- 
tingent charges in and about the same ; for a vigorous prosecution of the 
war against the French and Indian enemy and rebels ; for the payment 
of just debts already contracted or to be contracted on the publick 
account within this province, and such grants and allowances as have 
been or shall be made and ordered by the general court or assembly to 
particular persons ; for the repairs and support of his majestie's castle 
upon Castle Island and the garrison there ; for the making good one 
hundred pounds miscast in the grant of nine thousand five hundred 
fifty-nine pounds, including a former grant by act of the general assem- 
bly passed at their sitting by adjournment the fifth day of September, 
1694-5, chap. 12. one thousand six hundred ninety-four, entituled "An Act for regulating 
of the late tax and for granting an additional supply of money " : to the 
ends and intents afore-mentioned and none other, we, the representa- 
tives of this his majestie's said province of the Massachusetts Bay, do 
grant unto his most excellent majesty a tax of two thousand and eight 
pounds nineteen shillings and threepence in money, to be raised and 
levied upon polls and estates both real and personal within the same, 
as, in and by this present act for the manner and proportion thereof, is 
directed and set forth, — 

A7id be it enacted by the Lieutenant- Governour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the 
same, 

[Sect. 1.] That the treasurer do forthwith make out and send war- 
rants to the selectmen or trustees and commissioner of each resj^ective 
town and precinct within this province, reqviiring them to assess all 
their rateable male polls and estate, both real and personal, lying within 
such town or precinct and the dependances thereof, one full and just 
third part of the sum total of the two several lists returned unto the 
treasurer upon the grant made at the session of this court begun and 
held the twenty-ninth of May last past, the lists of the same that are 
returned amounting to the sum of six thousand and twenty-six pounds 
seventeen shillings and eightpence, which said third part is to be 
assessed proportionably upon polls and estates according to the rules 
and directions in the act for the said grant prescribed and particularly 



[4th Sess.] Province Laws.— 1695-6. 229 

set clown ; and the said lists so made to return unto the treasurer, with 
a notification of the names of the constables or collectors of such town 
or precinct respectively at or before the last day of March instant. And 
the treasurer is hereby further impowred and ordered to send out war- 
rants directed to the constables or collectors of the said several towns 
and precincts, together with the said lists requiring them to collect and 
pay in the sum therein mentioned into the treasury, and to issue their 
accouii)ts thereof with himself or successor at or before the twenty- 
ninth day of May, which will be in the year of our Lord God one thou- 
sand six hundred ninety-six : provided^ nevertheless, forasmuch as the 
selectmen ol- trustees of the several towns and precincts hereafter 
named have omitted their duty, in not returning unto the treasurer the 
lists of their said town's, or precinct's, respective sums and proportions 
imto the aforesaid tax granted by this court at their session begun the 
tw^enty-ninth day of May last past, and have hitherto paid nothing 
towards the same ; — 

To the intent therefore that they may bear their just and equal pro- 
portion of publick charges, — 

£e it enacted by the authority aforesaid, 

[Sect. 2.] That the said several towns and precincts shall pay 
towards the said former and this additional grant the respective sums 
following ; that is to say, — 

York, ten pounds, 

Wells, ten pounds, 

Kittery, twenty pounds, 

Isle of Shoals, five pounds, ..... 
Edgar Town, forty-one pound, .... 

Chilmark, twenty-one pounds six shillings eightpence, 
Tisbury, twenty-one pounds six shillings eightpence, 

Nantucket, eighty pounds, 

Southfield, twenty pounds, ..... 

Enfield, five pounds, ...... 

Eastham, ninety pounds sixteen shillings eightpence, 

The whole proportion of the said before named towns and precincts, 
amounting to three hundred twenty-four pounds ten shillings, being 
added to the two thousand and eight pounds nineteen shillings and 
threei^ence before mentioned, makes this additional grant to be two 
thousand three hundred thirty-three pounds nine shillings and three- 
pence, and the whole tax (including the sum formerly returned), to be 
eight thousand three hundred and sixty pounds six shillings and eleven- 
pence. 

[Sect. 3.] And the treasurer is hereby ordered forthwith to send 
out warrants directed unto the selectmen or trustees and commissioner 
for assessment (if any such there be), of the several towns and precincts 
before named, requiring them forthwith to assess the sum herein set 
and proportioned, unto the said several tow^ns and precincts upon all 
the rateable male polls and estate, both real and personal lying within 
the same, according to the rules and directions in the act for the afore- 
said grant, and in this present act prescribed and set down, and to 
return a list thereof unto himself at or before the last day of March 
instant ; and the treasurer upon receipt of the same is hereby further 
impowred and ordered to send fortli his warrants, together with the 
said lists, unto the constables or collectors of the said several tOAvns 
and precincts, requiring them to collect and pay in the sum therein 
mentioned into the treasury and to issue their accompts thereof with 
himself or successor as aforesaid at or before the said twenty-ninth day 
of May, wdiich will be in the year of our Lord God one thousand six 
hundred ninety-six. 



£10 


05, 


.Od. 


10 








20 








5 








41 








21 


6 


8 


21 


6 


8 


80 








20 








5 








90 


16 


8 



230 Province Laws.— 1695-6. [Chap. 18.] 

And for the better enabling the treasurer to enforce the bringing in 
of the monies herein mentioned to be granted, and the arrears of all 
publick rates and taxes whatsoever, at any time or times heretofore 
granted either due from any town or towns, or in the hands of any 
sheriff, constable or collector the accompts whereof lye open and unfin- 
ished, or where any selectmen or assessors have or shall fail of per- 
forming the duty and seiwice lawfully required of them, — 

JBe it enacted by the authority aforesaid, 

[Sect. 4.] That the treasurer shall be and hereby is fully impowred 
and authorized to take, use and execute all such methods, directions, 
powers and authorities as have heretofore been given him in and by 
any act or acts of the general assembly, or in any clause, branch or arti- 
cle thereof, for the obtaining and drawing into the treasury as well all 
the monies mentioned to be granted in and by this present act, as all 
arrears of any former and other rates and taxes whatsoever as fully and 
effectually as if the same directions, methods, poAvers and authorities 
had herein been again particularly recited and re-enacted, and notwith- 
standing any limitation or restraint thereof in the particular act or acts 
wherein the same are enumerated, set down and expressed ; and all 
selectmen, trustees or assessors, sheriffs, constables or collectors failing 
of performing the duty and service of them respectively required, shall 
be liable and subject unto the like pains, penalties and forfeitures to be 
prosecuted, had and recovered of them in the same way and manner 
and before the same judicatories as in and by the said acts or any of 
them are set, declared and prescribed. 

And he it further enacted, 

[Sect. 5.] That the treasurer be and is hereby impowred to issue 
forth and pay a certain number of bills of credit, to the value of four 
thousand pounds more than what is before ordered accoi'ding to the 
aforesaid act, for which this present tax and the impost and excise 
shall be a fund. 

And he it declared and enacted by the authority aforesaid, 

[Sect. 6.] That the accounts of the issuing and disposal of monies 
and sums of money granted and raised, and that hereafter shall be 
granted and raised by the general assembly for the support and defence 
of this his majestie's jirovince, and that hath or shall come into the 
publick treasury by any other wayes or means whatsoever, shall be by 
the treasxTrer laid before the great and general assembly, when by them 
required, for their examination, ajDprobation and allowance from time 
to time as hath been accustomed ; and all such approbations and allow- 
ances of the general assembly heretofore, and that hereafter shall be 
passed, shall be to the treasurer a full and final discharge. \_Passed 
March 7, 1695-6. 



CHAPTER 18 



AN ACT FOR THE ENCOURAGEMENT OF MAKING SALT WITHIN THIS 

PROVINCE. 

FoEASMUCH as the inhabitants of this province are brought into great 
straits by reason of the deamess and scarcity of salt, many of our ves- 
sels imployed in fetching of it from Tartooda and other places being 
taken by privateers, and others discouraged from undertaking such voy- 
ages during this time of war ; • and whereas Elisha Cook, Elisha Hutch- 
inson and John Foster, Esqrs., have informed this court that proposals 
have been offered them of the possibility of making salt here after the 



[4th Sess.] Province Laws.— 1695-6. 231 

manner as it is made in France, for a trial whereof a considerable sum 
of money must be advanced and great pains taken, and that with uncer- 
tainty of success ; wherefore for the promoting of a design tliat will be 
so universally beneficial if it take effect, — 

JBc it enacted by the Lieutenant- Governoiir, Council and the Hepre- 
sentatives in General Court assembled, and by the authority of the same, 

That the whole priviledge and benefit of making salt within this 
province shall be to the said Elisha Cook, Elisha Hutchinson and John 
Foster, Esqrs., and their associates, during the space of fourteen years ; 
and if any person or pereons shall make any salt as abovesaid within 
this province during the said term of fourteen years next coming, or 
shall import any salt into this province, made as abovesaid in any other 
province or place in New England, they shall yield and pay as a custome 
the value of ten shillings per hogshead for all such as shall be imported as 
abovesaid, one-half to the undertakers, Elisha Cook, Elisha Hutchinson 
and John Foster, Esqrs., and their associates, the other half to the use 
of the poor of the town where the same shall be seized, to be recovered 
as other customs are, Avhether the same be seized on board any ship or 
vessel importing it, or in any storehouse or place on shear within six 
moneths after its being so imported : provided, that the said Elisha 
Cook, Elisha Hutchinson and John Foster shall cause to be made as 
abovesaid one hundred hogsheads of good merchantable salt within 
this province before the expiration of the year one thousand seven hun- 
dred, any law, usage or custom to the contrary notwithstanding. 
\_Passed March 7, 1695-6. 

Notes. — Besides the acts here printed three private acts were passed this year, bearing the 
following titles : — 

" An Act To enable Abigail Hanniford of Boston, Widow, to make Sale of an House & Land 
in Boston." — {Passed June, 13, 1695.] 

" An Act to enable Samuel Lewis, William Weeks and Thomas Boweman to Eeview an 
Action at the next Superiour Court of Judicature to be holJen at Plymouth of a Case there 
Tryed the filteenth day of March, 1693."— [Pusserf Dez. 6,1605.] 

" An Act to Enable John Carey, merchant, to Review a Cause tryed at the last Superiour 
Court of Judicature held at Boston, between Richard Chauncy and the said John Carey." — 
\PassedDe.c. 12, 1G95.] 

Of the acts here prmtcd the engrossments of the following chapters, only, are preserved in 
the Secretary's office; viz., chapters 1,2,3,4,5,6,7,8,9.10, 11, and the first of the tiiree private 
acts abovementioned. 

The acts of the first two sessions of this year were sent by the Lords Commissioners to the 
Attorney and Solicitor-General as early as Sept. 15, 1696; but they were, soon after, misplaced, 
and not brought to light until Ma}^ 20, 1098, when, having been found by the Attorney-General, 
they were, through the exertions of Sir Henry Ashurst, the agent of the Province, again brought 
to the notice of tlie Board in the report of the Solicitor-General, dated June 22, 1698, wherein 
he expresses his opinion that chapters 2, -1, 5, 6, 7, 8, 9 and 10 " are agreeable to Law and Jus- 
tice and do not contain anything prejudicial to his Majestie's Roj-all Prerogative;" and also 
gives the same opinion of chapters 1, 3 and 11 ; as appears at length in the notes hereunder 
given to those chapters, respectively. 

The acts of the last two sessions were, in like manner, sent to the Solicitor-General, Dec. 12, 
1696, who reported, on the 13th of Jan. following, that, in his opinion, chapters 12, 13, 15, 16 
and 17 " are agreeable to Law," &c., (S:c. ; but that "not having seen the Acts intended to be 
continued " by chapter 14, " and noe person having been with [him] to give [him] satisfaction 
as to the matters suggested in " chapter 18, he is " not able to give an opinion how farr it is fitt 
to confirm " the same. 

Notwithstanding the opinion of the Solicitor-General, the Lords Commissioners, Nov. 2, 1698, 
" Ordered that Messieurs IMico, Father & Son, M"' Stephen Mason, M' Jos: Pace, Captain John- 
son, Mr. David Waterhouse, or any two or three of them, or other New England Traders be 
desired to attend the Board tomorrow morning," for further satisfaction than they had been 
able to get from the answers of Mr. Brenton, who had been examined by them the day before. 
The result of their inquiries is shown in the notes to chapter 12, ante, etpost. 

In their representation of Nov. 24, 1608, the Board of Trade mark chapters 1, 3, 4, 5, 10, 11, 
14, 16 and 17, as " expired ; " and chapters 9 and 12 " to be repealed," with their reasons there- 
for, as shown by the reference and note to those chapters, respectively. The order, bearing the 
same date, of the Lords Justices in Council, — the King being then out of the Realm, — adopts 
the suggestions of the Board, and, on the third of Jan. 1698-9, the Board ordered a letter to be 
sent to Lt. Gov. Stoughton, reciting the action of the Council upon the foregoing acts, and other 
acts considered at the same time. This letter appears not to have been written until a month 
later, when it Avas addressed to Richard, Earl of Bellomont, who, in the meantime, had received 
his commission as '• Captain-General and Commander-in-Chief of his Majesty's Provinces of the 
Massachusetts' Bay, New York and New Hampshire, in America and the Territories thereupon 
depending," &c. 



232 Province Laws.— 1695-6. [Notes.] 

Chap. 1. " — And I humbly conceive, in case the 'Act for Impost, Excise and Tunnage of 
shipping,' [1692-3, ch. 5] and the ' Act for Impost and Excise,' [1692-3, ch. 21] both made in 
the fourth year of King William, and tlie ' Act for the better collecting the Impost and Excise 
and preventing frauds,' [1693, ch. 5] made in the fifth year of King William, and the ' Act for 
reviving and continuing of the duties upon Goods, Impost, Excise, Tunnage of shipping, and 
the Acts for granting the same,' [1094-5, ch. 1] made in the sixth year of King William, and 
the ' Act for granting a Tax upon Polls and Estates, and additional duties of Impost and Tun- 
nage of shipping,' [1694-5, ch. 27] made in the .seventh j-ear of King William, intended to be 
continued by the said Act now proposed, have already been confirmed by his Majesty, That in 
such case there is not anytiiing in the said Act now proposed but what is agreeable to Law and 
Justice, and containeth nothing prejudicial to his Majestie's Eoyall Prerogative." — Rejxirt of 
SoUcilor-General IJawles io the Lords Commissioners of Trade, tfc, June 22, 1698. 

Chap. 2. — " July 8"' 1700. A Petition of the Ministers Wardens and Vestrymen, of the Con- 
gregation of the Church of England in Boston praying that there may be Such. Explanatory Act 
made to the Act of this Province Intituled an Act to prevent Incestuous Marriages, (wherein it 
is provided that no Minister shall Marry any persons, but Such as one or both of them are 
Inhabitants, or resident in the Town where he is Setled in the Work of the ]Ministr\-) As that 
the s* Clause in the Act aforesaid, may not Extend, or be Construed to Extend to prohibit Min- 
isters of the Church of England to Marr\' persons of their Own Communion, Altho' they be 
not Inhabitants, or resident in the same Town that Such Ministers dwell in, W^as presented 
and road at the Board and the Question being thereupon put whither a Bill Should be brought 
in to provide accordingly. It passed in the Negative; For that the Law as it now Stands pro- 
viding against Incestuous & Clandestine Marriages, allows the Ministers of Church of England 
Equal Liberty with all the other Ministers within this I'rovince." — Council Records, vol. VII., 
p. 122. 

Chap. 3. " — And I humbly conceive in case the Act for incouraging the prosecution of the 
Indian Enemy and Rebells and for preserving such as are Friends, [1694-5, ch. 10] and the 
Act for giving succours and assistance to the neighbouring Provinces and Colonies against his 
Majestie's Enemies, [1694-5, ch. 11] both made in the 7th j'ear of King William, intended to 
be continued by the said Act now proposed have already been confirmed by his Majesty, that 
in such case there is nothing in the said Act now proposed but what is agreeable to Law and 
Justice and containeth nothing prejudicial to his Majestie's Eoyall Prerogative." — Opinion of 
Solicitor-General Ilawlts, ut sujn-a. 

Chap. 11. "And I humbly conceive, in case his Majesty shall be pleased to confirme the 
said Act for the continuance of severall Acts therein mentioned, &c.. That, in such case, there is 
nothing in the said Act now proposed but what is agreeable to Law and Justice, & contains nothing 
prejudiciall to his Majestie's Koyall Prerogative." — Opinion of the Solicitor- General, ut su])ra. 

" Whitehall, Nmember 3^4 1098. 
Chap. 12. "At a Meeting of his Maj'J' Commrs for Trade & Plant., M'' Stephen Mason 
with other New England Merchants attending as they had been desired, their Lordships com- 
municated to them the Act of the General Assemblv of the Massachusetts Bay, intituled An Act 
that all persons not being freeholders or settled Inhabitants commencing suit shall give security 
before Process be granted; Upon which they declared their sence. That the said Act seems very 
partial to the inhabitants of that Colon}'', and veiy injurious to all persons trading thither, &; 
therefore desired that it might not pass." — Trade papers (Journals) in Public Record OJ/ice, 
vol. v., p. 275. 

Chap. 18. " Amongst the Acts which have been confimied there is one, entitnled An Act for 
the incouragement of making Salt within this Province, the success of which we desire you to 
acquaiat us with." — Letter from Board of Trade io Bellomont, Feb. 3, 1698-9. 



ACTS, 
Passed 1696. 



[233] 



SO 



[1st Sess.] Province Laws. — 1696. 235 



ACTS 

Passed at the Session begun and held at Boston, 
THE Twenty-seventh day of May, A.D. 1696. 



CHAPTER 1. 



AX ACT FOR CONTINUING OF SEVERAL ACTS THEREINAFTER MENTIONED, 
THAT ARE NEAR EXPIRING. 

"We, his majestie's dutiful subjects, the representatives of the prov- Disallowed by 
ince of the Massachusetts Bay in New England, in general court di*' November^* 
assembled, being duly sensible of the gi-eat charges and expences which 2i,'ic98. 
have already risen, and are daily growing and increasing, for the 
defence of his majestie's subjects and interests within this his province ; 
for the more effectual prosecuting the present war against the French 
and other his majestie's enemies ; for defraying the necessary and con- 
tingent charges in and about the support of the government of the 
province ; and for the payment of such grants, salaries and allowances 
as have or shall be made and ordered by the general assembly ; there- 
fore, to the ends and intents aforesaid, may it be enacted, — 

Atid be it accordingly enacted by the Lieutenant- Governour, Council 
and Representatives convened in General Courts and by the authority 
of the same, 

[Sect. 1.] That the several impositions, rates and duties ujion all Continuation of 
wines, liquors, goods, wares and merchandizes that shall be imported impol"tf excise 
into this province, tunnage of shipping, and the duties of excise granted an.^i tonnage of 
unto his majesty, enumerated in and by an act of the great and general acJs 0/ loos-oT 
court or assembly, entituled " An Act for Impost, Excise, and Tunnage ciMptersiandG. 
of Shipping," and by one other additional act for impost and excise, 
both made in the fourth year of the reign of his present majesty, and 
of our late most gracious sovereign lady, Queen Mary, of blessed mem- 
ory; and one other act entituled "An Act for the better Collecting the 1093, chap. 5. 
Impost and Excise, and jDreventing frauds," made in the fifth year of 
their said majesties' reign ; and by one other act, entituled "An Act ico4-5, chap. 1. 
for the reviving and continuing of the Duties upon Goods, Impost, 
Excise, and Tunnage of Shipping, and the Acts for granting of the 
same," made in the sixth year of their said majesties' reign ; and the 
additional rates and duties of impost upon wines, liquors, goods, wares, 
merchandizes and tunnage of shipping, mentioned in an act entituled 
"An Act for granting unto their majesties a tax on Polls and Estates, 1694-5, chap. 27. 
and additional Duties of Impost and Tunnage of Shipping," made in 
the seventh year of his present majestie's reign ; be and are hereby fur- 
ther granted and continued until the twenty-ninth day of June, one 
thousand six hundred ninety-seven, and no longer. And that the said 
several acts before mentioned, and the act entituled "An Act for con- 1695-6, chap. 1. 
tinning certain Rates and Duties of Impost, Excise and Tunnage of 
Shipping, and reviving of the Acts for granting the same," made and 



236 Province Laws.— 1696. [Chap. 1.] 

passed by the general assembly begun and held the twenty-ninth day 
of May, one thousand six hundred ninety-five, in the seventh year of 
his said majestie's reign, and 'all the powers, penalties, articles and 
clauses in the said several acts contained, other than what of any of 
them are already altered or repealed, or that shall otherwise in this 
present act be altered or provided for, shall continue and be of full 
force and effect, until the said twenty-ninth day of June, one thousand 
six hundred ninety-seven, and no longer ; and for and during that term 
shall be applied, practised and executed for the levying, collecting, 
answering and paying the said rates and duties hereby continued, 
according to the tenor and intent of this present act, as fully, to all 
intents and purj^oses, as if all and every the clauses, matters and things 
in said acts or any of them contained, had been again repeated in this 
act, and particularly enacted : promded^ nevertheless^ — 
And he it enacted by the authority aforesaid^ 
Drawback upon [Sect. 2.] That whereas, in and by the said acts, no drawback is 
^^th'*^t^°°i ^^ ^*^ ^^^^ upon the exportation of wines and liquors after the expira- 
months. tion of nine months next following their being imported, the said time 

of nine months is hereby enlarged unto twelve months for all wines 
and liquors that shall be imported after the twenty-ninth day of June, 
in this present year one thousand six hundred ninety-six, any former 
law, usage or custom to the contrary notwithstanding. 
And he it further enacted^ 
Masters of ships [Sect. 3.] That all masters of ships or other vessels shall make oath 
to make oath to ^q w^q account Avhich the law obliges them to give under their hands to 
the commissioner for impost and excise, of any goods which they have 
on board liable by law to pay impost, which oath shall be, that the 
same is a true account, to the best of their knowledge, of the quanti- 
ties, and to Avhom the goods arc consigned, with the marks thereof; to 
be admiuistred by the commissioner or receiver respectively, who are 
Abatement for hereby impowred thereto. And if it be made appear that any wines 
ecayed wines. ij^pQj^.j^e(;i j^ ^ny ship or vessel be decayed at the time of landing 
thereof, or in twenty-four hours afterwards, oath being made (if 
required) before the said commissioner or receiver, that the same hath 
not been landed above that time, the duties of impost for such decayed 
wines shall be abated. And the said commissioner is hereby also 
impowred to lett or farm out the excise Avithin the counties of Hamp- 
shire, York, Dukes County, and the Island of Nantucket, for the best 
profit and advantage of the publick that he can for the ensuing year. 
And he it further enacted hy the authority aforesaid, 
Continuance of [Sect. 4.] That the act entituled " An Act encouraging a Post- 
I693^°h* °^*'^" ^^ce," made in the fifth year of the reign of his present majesty, and 
' " * the late Queen Mary, of blessed memory, and all the clauses and articles 
therein contained, be and hereby is revived and continued to be, abide 
and remain in full force for the space of three years from the publica- 
tion hereof, and no longer. 
And he it further enacted. 
Continuance of [Sect. 5.] That the act entituled " An Act to prevent the Desert- 
vent*dese?tin^g' ^"a ^^ ^he Frontiers," and the act entituled " An Act for the further 
the frontiers, continuance of several Acts relating to the i3rosecuti[?i;7] [on] of the 
iG9-t-5, chap. 25, War," botli made in the seventh year of his said majesty's reign, and 
^h^ ^Tl "' ^^^ ^^^^ clauses and articles in each of said acts contained, be and hereby 
are revived and continued, to be, abide and remain in full force unto 
the twenty-ninth day of June, one thousand six hundred ninety-seven, 
and no longer. 

And he it further enacted. 
Continuance of [Sect. 6,] That the act entituled " An Act to prohibit the Expor- 
ex^ ort*ation of* ^^^^^^^ ^^ Grain," made at the sitting of the general assembly in Novem- 
grain. 



[1st Sess.] Province Laws. — 1696. 237 

ber last, in the seventh year of his said majesty's reign, be and hereby ic95-6, chap. le. 
is revived and continued, to be, abide and remain in full force until the 
end of the next sessions of this present general assembly, and no longer. 
}[JPassed June 9 ; published June 17. 

" And whereas an Act entituled An Act for continuing of certain Acts thereinafter mentioned 
that are near expiring, doth, amongst others, continue and reinforce an Act entituled an Act 
encouraging a Post office, which hath already been repealed. We are humbly of opinion that 
this be also repealed." — Representation if the Board of Trade, Nov. 24, 1698, ut s^ipra. 



CHAPTER 2 



AN ACT FOR THE SETTLEMENT AND WELL ORDERING OF A PUBLICK 
MARKET AND FAIRS, WITHIN THE TOWN OF BOSTON. 

Whereas, by long experience within his majestie's kingdom of 
England, the setting np of fairs and markets in cities, sea-ports, and 
other populous towns and places, has been found of general benefit and 
advantage, and forasmuch as great inconveniences are observed to 
attend not only the inhabitants of the town of Boston, but also the 
country people living near the same, for want of a publick and ojjen 
market in said town, to the intent that forestalling, regrating and 
ingrossing of \dctuals and other commodoties may the better be pre- 
vented, — 

He it therefore enacted hy the Liexitenant-Governour., Council and 
Iie2:>rese?itatives in General Court assembled, and by the authority of 
the same, 

[Sect. 1.] That henceforward there be a market held and kept Market days, 
within the said town of Boston, upon each Tuesday, Thursday and 
Saturday in every week, weekly, and on no other daycs, to be kept at 
such place or j^laces in said town, where the major part of the justices 
of peace and selectmen of said toAvni shall agree and assign for the 
most conveniency of the inhabitants in general, and the country people 
resorting to said market. 

And, for the opening and raising of the said market, — 

It is enacted by the authority aforesaid,. 

[Sect. 2.] That a bell be rimg every market day at the opening of A bell to ring at 
the market, at tAvelve a clock, and at the ending of the market ; that is ^}jg market^&cf 
to say, from the first day of March until the first day of May, yearly, 
at seven a clock in the morning ; and from the first day of May to the 
first day of September, yearly, at six a clock in the morning ; and from 
the first day of September to the first day of March, yearly, at nino 
a clock, before noon ; and that the market shall not hold and continue 
after six a clock, afternoon, from the first of March to the first of Sep- 
tember ; nor after four a clock, afternoon, from the first of Sejitember 
until the first of March, yearly. And if any person or persons shall No sale to be in 
sell or put to open sale in the said market any manner of provisions or ^jjg befiHng.*''^ 
other commodities before [the] ringing of the market bell, at the said 
several hours and times in the morning, respectively, such offender or 
ofix'nders, being thereof convict, shall be deemed and reputed to be 
forestallers of the market, and shall be proceeded against as such, as by 
this act in that case is directed and appointed. 

And it is further declared and enacted by the authority aforesaid, 

[Sect. 3.] That no jjcrson or persons, from and after the setting up no sale to be 
of the said market, shall l)uy or cause to be bought any victuals or any but in the mar- 
other commodities whatsoever, coming to the said market by land or 
water, or make any bargain, contract or promise for the having and 
buying of the same, or any part thereof so coming as aforesaid, before 



238 Province Laws.— 1696. [Chap. 2.] 

the same shall be brought into the said market, ready to be there sold, 
or shall make any motion by word, letter or otherwise to any jierson, 
for the enhancing of the price or dearer selling any commodity in the 
said market, on pain of being proceeded against as a forestalier of the 
market. 

And it is also ^further enacted, 
Retailers, [Sect. 4.] In regard that the market is principally intended for the 

not to buy until ^^^1^^^ ^^ housekeepers, who buy for their own use and behoof, that 
the afternoon, the retailers, hucksters and traders of the town shall not enter into the 
market to make their provisions, and buy of any of the market people 
thei'e, until the afternoon of every market-day (to the intent that the 
housekeepers may provide themselves in the mornuig of every day at 
the first hand, and pay moderate rates for their provisions), on pain that 
every such retailer, huckster or trader, for every time offending herein, 
shall be proceeded against as a regrater or ingrosser. 
And be it further enacted by the authority aforesaid. 
No sale to be in [Sect. 5.] That no person or persons bringing any sort of provis- 
any other place iQ^g or other Commodities out of the country unto the town of Boston 

but in the mar- „ ^ ^ -i n t . • c i • -\ i inn 

ket. lor sale, from and alter the settmg up oi the said market, shall sell, 

utter, or put to show or sale any of the same, in any private house, 

warehouse, inn, ale-house, tavern, lane, alley, street, or other place or 

places whatsoever, within the said town, or precincts or liberties thereof, 

but in the market place, and in market time only, according as is before 

appointed, on pain that every [such'] person so carrying or offering to 

put to sale in any other wise any provisions or other commodities, shall 

forfeit the same so offered to sale, or the value thereof, without any 

No merchant, manner of favour: provided, always, that no clause or expression 

ers**tcf be "e^-"^' herein contained shall extend, be intended, deemed or adjudged to 

strained from restrain or abridge any merchant, factor or others from buying, purchas- 

grai'n^r^dead i^^gi agreeing or contracting for any sort of grain, or dead provision 

provisions, &c., whatsoever, with design and intent to transport the same beyond the 

seas ; nor unto butchers selhng their victuals in open shoj) or shops ; nor 

shall intend to hinder any person or persons that do import any grain 

or provisions, and other commodities, in sloops or other vessels, from 

any towns within this province, neighbouring colonies or other places, 

to sell the same upon their arrival in Boston, without carrying the same 

—fish, pigeons, into the market ; nor unto the selling of fish, hay, wood, timber, lumber, 

beans.^^^^' pidgeons, milk, cyder, pease or beans in the shell, fruits and herbs, as 

has been accustomed. 

And it is further provided, that no tax or toll be paid for any goods 
or commodities brought into the market, nor for the use of stands or 
other places for the disposing of said commodoties ; and that what pro- 
visions or commodities are left unsold in the market, the owner or 
owners thereof shall have free liberty to sell and dispose thereof at any 
other time. 

Be it further enacted, 
Two fairs. [Sect. 6.] That there be two fairs held in the town of Boston 

annually, in the place or ]3laces to be appointed by the major part of 
the justices and selectmen of said town ; that is to say, one on the last 
Tuesday in May, and the other on the last Tuesday in October, each 
fiir to continue four days. 

And it is liJcetoise enacted by the authority aforesaid, 
Warehouses [Sect. 7.] That cvery warehouse or shop in the town of Boston 

mal'ket'overt.''^ aforesaid shall be market-overt for such goods, wares and commodities 
as are usually bought and sold therein, and the property of all such 
goods, wares and commodities by their being bought and sold or dis- 
posed of in such warehouse or shop, shall be legally vested in the 
purchaser, any thing herein contained to the contrary notwithstanding. 



[1st Sess.] Province Laws. — 1696. 239 

Atid be it further enacted, 

[Sect. 8.] That for the better order and quiet of the market people, clerks of the 
there shall be one or more clerks of the market nominated and bl'^a''*^*''^* ^^ *° 
appointed by the selectmen of said town, which said clerk or clerks of 
the market are hereby impowred to supervise the said market, and to 
take effectual care to prevent all frauds, abuses and disorders that may 
arise therein, and shall frequently attend and be in the said market 
during market time. 

And it is further enacted, 

[Sect. 9.] That the person or persons appointed in manner and Clerks of the 
form as is herein before prescribed to be clerk or clei'ks of the market, ™|iers* of ^^ 
shall from time to time be sealer or sealers of weights and measures weights, &c. 
for the town of Boston, any former law, usage or custome to the con- 
trary in any wise notwithstanding. 

And be it further ordained and enacted by the authority of this pres- 
ent General Assembly, 

[Sect. 10.] That every forestaller, regrater or ingrosser for every penaityfor fore- 
conviction of any offence in that kind, shall forfeit and pay the sum of stalling, &c. 
twenty shillings ; and that all pains, forfeitures, penalties, sum and 
sums of money to be forfeited by virtue of this act, shall be imployed, 
inure and accrue, one moiety thereof to the use of the poor of said town 
of Boston, and the other moiety to him or them that shall inform and 
sue for the same by action of debt, bill, plaint or information before two 
or more justices of the j^eace within said town. 

And for the further encouragement and better governing of the said 
market, — 

It is enacted and ordained by the authority aforesaid, 

[Sect. 11.] That it shall and may be lawful to and for any two or Justices'power, 
more of the justices of the peace within the town of Boston to have, 
hold, use and exercise the powers, authorities and jurisdictions of a 
court ; and to make out process for to hear and determin[e] all matters, 
controversies, quarrels and things arising in the said market, and 
offences against the rules thereof, and therein to proceed summarily and 
give judgment immediately, without being obliged to follow the strict 
rules of ordinary process ; any law, ordinance, custome or usage to the 
contrary notwithstanding : provided, nevertheless, that neither this act 
nor anything therein contained shall be and continue in force any 
longer than one year from the first opening of the said market. \_Passed 
June 15 ; published June 17. 



CHAPTER 3. 

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND 

ESTATE. 

We, his majestie's loyal and dutiful subjects, the representatives of 
this his majestie's province of the Massachusetts Bay in New England, 
convened in general assembly, — for and towards the repair of his majes- 
tie's castle upon Castle Island, near Boston, and support of the garrison 
there ; for the subsistence and jjaying of wages to seamen and souldiers 
that are or shall be imployed in his majestie's service for the defence of 
this his province and a vigorous prosecution of the war against his 
majestie's enemies ; for the payment of such salaries, grants and allow- 
ances as have been or shall be made by the general coui't or assembly, 
and all such allowances and payments as are already directed by any 
act of this province to be made out of the publick treasury ; for the dis- 
charging the arrears of debts due from each of the late colonies of the 



240 Protince Laws.— 1696. [Chap. 3.] 

Massachusetts and Plyniouth, and the pnWick debts now due from this 
province, or that shall be contracted on the publick accompt within the 
same ; for the support of the government, and answering of the incident 
and contingent charges thereof; and for no other ends or intents what- 
soever; do unanimously grant unto his most excellent majesty a tax of 
six thousand three hundred forty-four pounds in money, to be levied 
upon polls and estates both real and personal within the said province, 
as in and by this present act for the manner and proportion thereof is 
directed and set forth, — 

And be it enacted hy the Lieutenant- Govemour, Council and Repre- 
sentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the treasurer do forthwith send out his warrants 
directed unto the selectmen, trustees or assessors of each respective 
town or precinct within this pro^dnce, requiring them fortlnvith to 
assess the sums herein set and projDortioned unto such town or j>recinct 
upon all rateable male polls above the age of sixteen years (excej^t 
elders of churches, settled ministers, the president, fellows and students 
of Harvard Colledge, grammar schoolmasters and such who through 
age, infirmity or extream poverty in the judgement of the assessors are 
rendred uncapable to contribute towards publick charges), and upon all 
estates both real and personal lying within the limits and bounds of 
such town or precinct, and next unto the same (not pajdng elsewhere), 
in whose hands or possession soever the same shall be found, in just 
and equal proportion, as near as may be, according to their best judge- 
ment and discretion, making no difference as to the sum set upon polls, 
— all Indian, melatto and negro servants to be estimated as other personal 
estate ; and to make two distinct lists of the assessment of said sum 
upon the polls and estates within such town or precinct, each list con- 
taining one just half of the said town's or precinct's i^rojiortion to this 
tax, therein setting forth what each particular person is to pay towards 
the same against his or her name resiDCctively ; and the lists so per- 
fected and signed by the said assessors or the major part of them, to 
commit to the collector, constable or constables of such towns or pre- 
cincts, as also to return a certificate of the name or names of such col- 
lector, constable or constables, together with the sum total of the list 
or lists to each of them respectively committed, unto the treasurer, at 
or before the fifteenth day of August next coming. And the treasurer 
upon receipt of such certificate is hereby impowred and ordered to 
issue forth his warrant or warrants to the said collector, constable or 
constables, requiring him or them respectively to collect the sum total 
of one of the said lists and to pay the same into the treasury, and issue 
the accomjits thereof with himself or his successor in said office, at or 
before the first day of October next ensuing ; also to collect the sum 
total of the other of said lists and pay the same in and issue the 
accompts thereof as aforesaid, at or before the first day of January next 
following. And the treasurer is hereby also directed to send his afore- 
said warrants inclosed to the sheriff or marshal of each respective 
county, who is hereby required immediately to disperse and transmit 
the same unto the selectmen, trustees, assessors, constables or collectors 
of the several towns and precincts, according to the directions thereof; 
and for his said service, charge and exi^enses therein, shall have a rea- 
sonable allowance ordered him by the court of quarter sessions in such 
county, out of the county treasury, ujion his laying the accompt thereof 
before them. 

A7id be it further enacted by the authorities aforesaid, 

[Sect. 2.] That each town and precinct within this province shall 
be assessed and pay as its proportion to this present tax the sums here- 
after following ; that is to say, — 



[1st Sess.] 



Province Laws. — 1696. 



241 



IN THE COUNTY OF SUFFOLK 

Boston, twelve hundred pounds, . 
Dorchester, one hundred forty-six pounds 
Roxbury, one hundred and ten pounds, 
Milton, sixty pounds, 
Brantrey, one hundred pounds, 
Weymouth, seventy-six pounds, . 
Hingham, one hundred and four pounds. 
Dedhara, eighty pounds, 
Medfield, fifty-two pounds, 
Wrentham, twenty pounds, 
Mendon, sixteen pounds, 
Hull, twenty-six pounds, 



£1,200 Os.Od. 

146 

110 

60 

100 

76 

104 

80 

52 

20 

16 

26 



IN THE COUNTY OF ESSEX. 

Salem, two hundi-ed and seventy pounds, 

Ipswich, two hundred and ninety pounds, 

Newbury, two hundred and twenty pounds, 

Salisbury, forty pounds, 

Topsfield, fifty-two pounds, . 

Amsbury, eighteen pounds, . 

Haverhill, fifty-six pounds, 

Andover, seventy-six pounds, 

Bradford, twenty-four pounds, 

Boxford, thirty pounds, 

Marblehead, one hundred and sixteen pounds, 

Lynn, one hundred and twelve pounds, 

Wenham, fifty-six pounds, 

Beverly, eighty pounds, 

Glocester, lifty-two pounds, 

Manchester, twelve pounds, 

Rowley, sixty-eight pounds, 



270 

290 

220 

40 

62 

18 

56 

76 

24 

30 

116 

112 

56 

80 

52 

12 

68 



IN THE COUNTY OF MIDDLESEX 

Charlestown, two hundred pounds, 

Cambridge, one hundred twenty-six pounds, 

Watertown, one hundred eighty-eight pound 

Newtown, sixty-eight pounds, 

Sudbury, eighty pounds, 

Marlborough, fifty-four pounds, 

Medford, twenty pounds, 

Maiden, sixty pounds, . 

Wooburn, ninety-six pounds, . 

Reading, sixty-six pounds, 

Billerica, thirty-four pounds, . 

Chelmsford, forty-eight pounds, 

Concord, one hundred and eight pounds. 

Stow, twelve pounds, . 

Groton, twenty pounds, 

Lancaster, sixteen pounds, 

Sherbourn, thirty pounds, 



200 

126 

188 

68 

80 

54 

20 

60 

96 

66 

34 

48 

108 

12 

20 

16 

30 



IN THE COUNTY OF HAMPSHIEE. 

Springfield, eighty pounds, 80 

Northampton, seventy-six pounds, . . . . 76 

Hadley, forty-eight j^oimds, 48 

Hatfield, forty-two pounds, 42 

31 



242 



Province Laws. — 1696. 



[Chap. 3.] 



Southfield, sixteen pounds, . 
Westfield, twenty-six pounds, 
Enfield, four pounds, 

IlSr THE COUNTY OF PLYMOUTH. 

Plimouth, seventy-four pounds, 
Situate, one hundred and six pounds, 
Marslifield, sixty-six pounds, . 
Duxbury, forty-six pounds, 
Middleborough, twenty pounds, 
Bridgewater, forty-eight pounds, . 

IN THE COUNTY OF BAENSTABLE. 

Barnstable, seventy-six pounds, 
Yarmouth, fifty-six pounds, . 
Eastham, fifty-eight pounds, . 
Sandwich, sixty-four pounds . 
Falmouth, fourteen pounds, . 
Manamoit, fourteen pounds, . 
Harwich, twenty-two pounds, 
Rochester, twelve pounds, 

IN THE COUNTY OF BEISTOL, 

Bristol, forty-two pounds, 
Taunton, eighty-four pounds, 
Dartmouth, eighty pounds, . 
Freetown, ten pounds, . 
Rehoboth, seventy-four pounds, 
Attleborough, ten pounds, 
Swansey, fifty-eight pounds, . 
Little Compton, forty-two pounds, 
Tiverton, sixteen pounds, 

IN THE COUNTY OF YOEK. 

York, eight pounds, 

Wells, eight pounds, 

Kittery, sixteen pounds, .... 



IN DUKES COUNTY. 



Edgartown, thirty pounds, 
Tisbury, twenty pounds, 
Chihnark, twenty pounds, 

Nantucket, seventy pounds, 



. 


£16 


05 


.Od. 


, 


26 








• 


4 








H. 


74 










. 106 










66 










46 










20 










48 








LE. 


76 










56 










58 










64 










14 










14 










22 










12 










42 










84 










80 










10 










74 










10 










58 










42 










16 










8 








. , 


8 








• 


. 16 








• 


30 








, 


20 








• 


20 










70 









And be it further enacted hy the authority aforesaid^ 
[Sect. 3.] That it shall and may be lawful to and for the selectmen 
or trustees of any of the towns or i^recincts aforementioned, and they 
have hereby full power and authority to cause the freeholders and 
other inhabitants of their resj^ective towns or precincts, qualified by 
law to vote in town afiairs, to assemble at such time and place as they 
shall appoint, and to elect and depute seven, five or three persons being 
freeholders within such town or precinct, to be assessors for the pro- 
portioning and assessing the sum before set on such town or precinct, 
upon the male polls and estate within the same; and all and every 
such person so chosen for assessors, and accepting thereof, shall take the 
oath following ; that is to say, — 



[IstSess.] Province Laws. — 1696. 243 

You, A. B., being chosen an assessor for the town of C, for this present tax, do Oath, 
swear tliat in the discharge of said trust, you will deal impartially and equally 
therein in proportioning the sum to be assessed upon the said town, after the best 
of your discretion and judgement. So help you God, &c. 

Which oath the town clerk of each town or precinct, where there 
is no justice of the peace, is hereby imiiowrecl to administer. And 
if the selectmen or trustees of any town or precinct shall neglect or 
refuse to cause assessors to be chosen as aforesaid, or if such assessors 
so chosen shall neglect or refuse to accept of the said trust, the present 
selectmen or trustees of such town or precinct shall be and hereby 
are declared the assessors of the same, and shall severally take oath 
before-mentioned. And every assessor attending the service aforesaid, 
shall be paid by the town treasurer, or out of the town stock, two 
shillings per diem for each day he attends said service. 

And he it further enacted^ 

[Sect. 4.] That if the assessors of any town or precinct shall 
neglect or refuse to perform the service required of them by this act, 
they shall pay the sum set and proportioned upon such town or precinct 
in and by this act, to be levied by distress and sale of the estates real 
or personal of such defective assessors, by a warrant from the treasurer 
directed to the sheriff or marshal of the county in which such town or 
precinct lies; and for want of estate, their bodies to be taken and 
imprisoned until they pay the same. And all sheriffs, constables or 
collectors failing of performing the duty and service of them respec- 
tively required, shall be liable and subject unto the like pains, penalties 
and forfeitures, to be prosecuted and recovered of them in the same 
way and manner as in and by any act or acts of the general assembly, 
or any clause, branch or article thereof are set, declared and described. 

And for the better enabling the treasurer to enforce the bringing in 
the moneys herein granted or due from any town or precinct, or in the 
hands of any sheriff, constable or collector, — 

Be it enacted by the authority aforesaid, 

[Sect. 5.] That the treasurer be and hereby is impowred to take, 
use and exercise, as well all such rules, discretion, powers and authori- 
ties as have heretofore been given him in and by any act or acts of the 
general assembly, or in any clause, branch or article thereof, as in and 
by this present act for the obtaining and drawing into the treasury the 
money therein granted, as also the arrears of all foi-mer rates, as fully 
and effectually as if the same directions, powers and authorities had 
herein been again particularly recited and re-enacted; and notwith- 
standing any limitation or restraint thereof in or to the particular act 
or acts wherein the same are enumerated, set down and expressed. 

And he it further enacted hy the authority aforesaid., 

[Sect. 6.] That the treasurer be and hereby is impowred to issue 
forth and pay a certain number of the bills of credit of the late colony 
of the Massachusetts, endorst in manner as is directed by the act 
entitled " An Act for a jDresent supply of the treasury," to the sum of 1693-4, chap. 13. 
four thousand pounds and no more, towards the uses for which this 
present tax is granted ; wliich bills shall pass out of the treasury at the 
value therein expressed, the treasurer to have credit in his accompts 
after the rate of five pounds per cent more for such sum in said bills as ho 
shall so issue forth as aforesaid, having been received into the treasury at 
that value ; and the said bills shall be taken and accepted in all publick 
payments, with the advance of twelvepence on the pound over and 
above the sum therein expressed. And this present tax, together with 
the impost and excise granted and continued by this court, to be a 
fund for the repayment of all such sums in said bills as shall be in the 
hands of particular persons in currant money of this province. 



244 Peovince Laws.— 1696. [Chap. 3.] 

And ichereas, the several towns and precincts hereafter mentioned, 
are behind in arrears of fonner taxes granted by the general assembly, 
as appears by an accompt thereof laid before this court by the treas- 
urer, the several and respective smns following ; that is to say, — 

Martha's Vineyard, in the tax for thirty thousand j^ounds, three hundred 
and fifty pounds ; two hundred pounds whereof is remitted to them 
by this court ; the remaining one hundred and fifty pounds to be 
assessed upon the several towns and precincts on said island, in pro- 
portion following; that is to say, Edger-town, sixty-five pounds 
thereof; Chihnark, forty-two pounds ten shilUngs thereof; and Tis- 
bury, forty-two pounds ten shillings thereof; — one hundred and fifty 
pounds, . . . £150 Os. Od. 

Nantucket, in the said tax for thirty thousand pounds, 

two hundred pounds, 200 

Tisbury, on Martha's Vineyard, in the additional tax 
to the tax of twelvepence on the poll and one penny 
on the pound for estates, twenty-three pounds 
eleven shillings and threepence ; in the tax for the 
payment of the province debts, sixteen pounds ; in 
the tax upon polls and estates granted at May 
sessions, one thousand six hundred ninety-five, 
and additional tax granted in February following, 
twenty-one pounds six shillings and eightjoence ; 
— ^in all, sixty pounds seventeen shillings and eleven- 
pence, 60 17 11 

Chilmai'k, on Martha's Vineyard, in the tax for polls 
and estates, granted in February, one thousand six 
hundred ninety-four, five, ten pounds; and in the 
tax upon polls and estates, granted at May sessions, 
one thousand six hundred ninety-five, and addi- 
tional tax granted in February following, twenty- 
one pounds six shillings and eightpence; — in all, 
thirty-one pounds six shillings and eightpence, . 316 8 

Edger-town, on Martha's Vineyard, in the additional 
grant in September, one thousand six hundred 
ninety-four, to the tax of twelvepence on the poll, 
and one penny on the pound for estates, twenty- 
nine pounds nine shilhngs ; in the tax for payment 
of the province debts, tAventy-three pounds ; in the 
tax upon polls and estates, granted in March, one 
thousand six hundred ninety-four, five, fifteen pounds 
fourteen shillings and sixpence ; in the tax upon 
polls and estates, granted at the sessions in May, 
one thousand six hundred ninety-five, and the addi- 
tional tax in February following, forty-one pounds ; 
— making in all, one hundred and eight poimds 
fifteen shillings and eightpence, . . . . 108 15 8 

Dartmouth, in the old arrears, eleven pounds eight 

shillings and tenpence, 11 8 10 

Mendon, in the two last parts of the tax for thirty 
thousand pounds, sixty-five pounds, Avhereof twenty 
pounds is remitted to them by this court : the re- 
mainder to be assessed is forty-five pounds, . . 45 

Little Compton, in their proportion of fifty-eight 
pounds, in the second part of the tax for thirty 
thousand pounds, when Tiverton was annexed to 
said town, thirty-nine pounds, . . . . 39 



[1st Sess.] Province Laws. — 1696. 245 

Tiverton, in their proportion of said sum, when annex- 
ed as abovesaid, nineteen pounds, .... £19 05. Od. 

Tiverton, in their proportion to the last part of the 
tax for thirty thousand pounds, while they were 
annexed to said Little Compton, thirty pounds 
seven shillings and tAVopence, . . . . . 30 7 2 

Kittery, in their proportion to the tax upon polls and 
estates, granted in 3Iay, one thousand six hundred 
ninety-five, twenty pounds, 20 

JSe it therefore enacted by the authority aforesaid^ 
[Sect. 7.] That the treasurer do send forth his wan-ants to the 
selectmen, trustees or assessors of each of the towns and precincts 
before named, requiring them to assess the said several and respective 
sum and suras which they are in arrear as aforesaid, in manner and 
form as is directed for the tax herein granted, and to return a certificate 
thereof unto himself in manner before described. And the treasurer is 
also ordered, upon receipt of such certificate, to issue forth his warrants 
for the collecting and paying in the same, in manner, and at times in 
and by this act set, limited and directed for the tax therein granted. 
And all persons failing of their duty, either in the assessing, collecting 
or pa}ing in of the said arrears, or any other thing of them lawfully 
required concerning the same, shall be liable to the same pains, penalties 
and forfeitures, as such as neglect their duty in anything required of 
them relating to this present tax. \^Passed June 17. 



CHAPTER 4. 

AIT ACT AGAINST PIRACY AND ROBBING UPON THE SEA. 

Whereas divers great disorders, wicked practices and depradations 
have been and are frequently committed, by several of his majesty's 
subjects, in and upon the seas, to the great damage and prejudice of his 
majesty's allies, and contrary to treaties of peace, and the good corres- 
pondence which ought to be maintained amongst Christian kings, 
princes and states is thereby lessened and imjiaired ; and xohereas^ also, 
divers of his majesty's subjects have and do commit divers inhumane 
and hostile acts and depradations upon the subjects and allies of divers 
princes and states in forreign parts, in amity with his majesty, which by 
reason of the remoteness of the place where the fact was committed 
can very rarely be proved by witness indiflerent, and many times kill 
and murder such persons, being in the ship or boat where such oflences 
are perpetrated, which should bear witness against them in that behalf; 
and whereas divers persons, to whom private commissions of war are 
granted, do many times take, rob and spoil the ships, goods, merchan- 
dize, and things belonging to the subjects of princes and states in amity 
with the crown of England, and burn, sink or destroy such ships or 
vessels wherein such goods, merchandizes and things were taken, that 
the same may not be discovered and known, contrary to the intent and 
meaning of the granting of such commissions, and the instructions 
therewith given them ; Avhicli disorders, wicked practices and deprada- 
tions ought to be detested and abhorred by all his majestie's subjects ; 
and for prevention and reformation thereof^ — 

Be it enacted by the Lieutenant- Governour^ Council and JRepresen- 
tatives convened in General Assembly, and it is hereby enacted by the 
authority of the same, 

[Sect. 1.] That all treasons, felonies, robberies, murders and con- Treasons, fei- 
federacies hereafter to be committed in or upon the sea, shall be &"!^^committed 



246 Province Laws. — 1696. [Chap. 4.] 

on the sea to be inquired, tryod, heard, determined and judged in sucli counties and 

iieard and places as shall be limited by commission or conunissions from tlie gov- 

counlieslandas ernour, lieutcnant-governour, or commander-in-chief for the time being 

by'^commission. ^f this province, by and with the advice and consent of the council, to 

be directed for the same in like manner and form as if such offence or 

offences had been committed or done in or upon the land. And such 

commissions shall be had under the seal of the province, directed to 

three or more substantial persons from time to time, and as oft as need 

shall require, to hear and determin such offences after the common 

course of the laws of this province, used for treasons, felonies, robberies, 

murders and confederacies done and committed upon the land Avithin 

the same. 

And be it enacted hy the authority aforesaid. 
Such offences to [Sect. 2.] That such persons to whom such commission or commis- 
be inquired of gj^j^g g]^^|i ^^q directed, or three of them at the least, shall have full 

by the oath ot -, ■, • • c^ ^ n^ iiij?j.i 

twelve men. power and authority to enquire oi sucli oiiences, by the oaths oi twelve 
good and lawful inhabitants in the shire limited in their commission, in 
such like manner and form as if such offences had been committed upon 
the land and within the same shire ; and that every indictment found 
and presented before such commissioners, of any treasons, felonies, rob- 
beries, murders, manslaughters, or such other offences committed or 
A like process done ill and upon the seas, shall be good and effectual in the law. And 
u^e'dasforsuch ^^ ^'^^J person or persons happen to be indicted for any such offence 
offences done hereafter to be done in and upon the seas, or in any other place above 
upont e an . jjj^^j^^g^j^ ^\-^ry^ i\\Q\\ such order, process, judgment and execution shall be 
used, had, done or made, to and against every such person and persons 
so being indicted and found, as against traytors, felons and murtherers, 
for treason, felony, robbery, murther, or such other offences done upon 
the land, as by the laws of this province is or shall be accustomed. 
And that the tryal of such offence or offences, if it be denied by the 
offender or offenders, shall be had by twelve lawful men inhabiting in 
the shire limited in such commission, Avliich shall be directed as is 
aforesaid. And such as shall be convicted of any such offence or 
offences by verdict, confession or process by authority of any such 
commission, shall have and suffer such pains of death, losses of goods 
and chattels, as if they had been attainted and convicted of any trea- 
sons, felonies or robberies, or other the said offences done upon the land, 
for and towards the support of the government within this his majestie's 
Saving for per- province : provided, ahcays, that this act extend not to be prejudicial 
b*''^ne*ce?s?r^^*^ ^^' li^^i't^l ^x) any person or persons, for taking any victual, cables, ropes, 
that shaii take anchors or sails, which any person or persons (compelled by necessity), 
tha*t"nfay^be takcth of or ill any ship which may conveniently spare the same, so as 
conveniently the same person or persons pay out of hand for the same victual, cables, 
sparec . ropes, anchors or sails, money or money-worth, to the value of the 

thing so taken, or do deliver for the same a sufficient bill obligatory 
payable in reasonable time, not exceeding twelve months, and that the 
makers of such bills well and truly pay the same debt at the day to be 
limited within the said bills. 

And he it also further enacted by the axithority aforesaid. 
Suspected per- [Sect. 3.] That if any suspected person or persons shall hereafter 
sons to be brin<]r into this province anv forreic-n coines, gold, bullion, merchandize 

seized and se-» -i "Sii-t i 

cured, as also and otlicr treasure, supposed to be taken in and upon the seas, in man- 
their treasure, j^^^. aforesaid, that then, and in every such case, the next justice or 
justices of the peace, or other magistrate then present upon the place, 
are hereby required and impowred upon his or their own knoAvledge or 
information given to him or them thereof, to grant Avan-ants to the 
sheriff or constable of the place to apprehend and seiz every such i^er- 
soii or persons, his and their money, gold, bullion, merchandize and 
treasure, and to bring the same before such justices or magistrates, to 



[1st Sess.] Province Laws. — 1696. 247 

be examined and proceeded against as tlie law directs; and in case 
such susi^ected person or persons cannot j^roduce a certificate, or pro- 
duce two evidences, where and how he came by such monies, gold, 
bullion, merchandize or treasure, then such justices or magistrates may 
commit such jjcrson or jDcrsons to goal, without bail or mainprize, until 
he or they be discharged by law, and secure such monies, gold, bullion, 
merchandize or treasure, to be disposed of as the law directs. And every officers to be 
such sheriif or other officer, to whom such warrant or warrants shall be f^^^g'^^jj""^.^'"'' 
directed, shall require and take such a number of persons, with arms or ures. 
otherwise, as he or they shall think meet, for the seizing and appre- 
hending such person or persons, and caiTying him or them before 
such justice or magistrate as aforesaid; and every person or persons penalty for 
refusing or neglecting to be aiding and assisting to such officer or offi- neglect, 
cers in the execution of such warrant or warrants, shall be proceeded 
against as the law directs, and in such manner, and under such penal- 
ties, as in other the like cases is accustomed and provided ; and every 
such officer or officers offisnding or neglective in his office and execu- 
tion thereof, shall be punished as the law also directs. 

And it is hereby further enacted^ 

[Sect. 4.] That if any person or persons, to whom such private Private men-of- 
commission or commissions is, are or shall be granted, do hereafter ^h'^+^th^^t^k 
take, surprize and seize any ship, vessel, goods, merchandizes and into some of^ 
things of the subjects of any prince or state whatsoever, and do not ports^fcT/^acUu- 
bring such ship, vessel, goods, merchandizes and things into some port cucationaccord- 
or ports belonging to his majesty, pursuant to their commissions and stnictions?'^ '"' 
instructions, there to receive legal condemnation, unless hindred by the 
inevitable providence of God, whereof sufficient i:)roof shall be made, 
or produce two at least of the company belonging to the ship or vessel 
so taken, to manifest that the ship, vessel and goods so taken belonged, 
at the time of the caption thereof^ to the subjects of the enemies of the 
croAvn of England, shall be prosecuted as robbers and felons, \cmd'\ as 
if no such commission or commissions had been gi-anted to them, and 
under such pains and penalties as before in this act is mentioned, 
inflicted and declared. {Passed and published June 17. 



248 Peotoice Laws.— 1696. [Chap. 5.] 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Sixteenth day of September, A.D. 1696. 



CHAPTER 5. 

AN ACT FOR THE REVIVING AND ESTABLISHING OF JUDICATORIES AND 
COURTS OF JUSTICE, AND THE FORMS OF WRITTS AND PROCESSES. 

DisaUqwedby Wheeeas liis majestie's pleasure hath been signified for the 
the privy coun- repealing and making void an act made and passed by the great and 
24,' 1698. general court or assembly, anno one thousand six hundred ninety- 

two, in the fourth year of the reign of his present majesty, and the 
late Queen Mary, his royal consort of blessed memory, entituled " An 
Act for the establishing of judicatories and courts of justice within 
this province," also, for the repealing and making void one other act 
passed at the same sitting of the general assembly, entituled "An 
Act for the establishing of precedents and forms of writts and pro- 
cesses ; " with the particular reasons of his majesty's disallowance of 
said acts, for the information and direction of the general assembly, 
and the amendments and considerations necessary for the supply 
thereof; and ichereas, it is absolutely necessary that speedy provision 
be made, that his majesty's subjects may not sufler for [the] want of 
due course of justice, — 

He it therefore enacted by the Lieutenant- Governoicr, Council and 
Hepresentatives convened in General Assemhli/^ and by the authority 
of the same, 
1692-3 chap. 33. [Sect. 1.] That the before mentioned act, entituled "An Act for 
the establishing of judicatories, and courts of justice within this 
province," and all and singular the paragraphs, articles, clauses and 
sentences thereof (except the paragraph for constituting a court of 
chancery, and such other articles, clauses and sentences in the said act 
as have been heretofore repealed, altered or otherwise provided for, in 
and by any other act or acts of the general assembly of this province, 
or which in and by this i^resent act shall be altered, otherwise provided 
for, or declared to be null and void), be and hereby are revived and 
continued, to abide and remain in full force and virtue until tlie end of 
the first session of the general assembly, to be begun and held upon the 
last Wednesday of the month of May next, in the year of our Lord, 
one thousand six hundred ninety-seven, and no longer: j^rovided, 
nevertheless, that the words (and no other) in the section or paragraph 
of the said act providing for liberty of appeal unto his majesty in 
council, be, and hereby are declared void and of none efiect. 

Provided, also, that the courts of common pleas and general sessions 
of the peace, appointed, in and by the said act, to be held for the 
island of Martha's Vineyard, be there now held and kept for Dukes 
County; the said island and adjacent islands being constituted a county 
by the name of Dukes County, by a late act of the general assembly. 



[2d Sess.] Province Laws.— 1696. 249 

A?id lohereas, several courts to have been held and kept according to 
the establishment in the said act, by reason of disallowance thereof 
have been discontinued, — 

£e it further enacted by the authority aforesaid^ 

[Sect. 2.] That all parties that had day, by any pleas, writs, bills, 
actions, suits, plaints, process or other thing or things whatsoever, at any 
court or courts to have been held and kept at the several dayes and 
times according to the establishment by law, and that have been or 
shall be discontinued by reason of the not holding any of the said 
courts, shall respectively appear at such next court to be holden within 
or for the same county, under the penalty of forfeiting any obligations 
or recognizances conditioned for the appearance of the said parties at 
the aforesaid courts, respectively, so discontinued, or vmder any other 
penalty that might have incurred upon the said parties for not appear- 
ing at any of the said courts, if the same had been holden and kept at 
time or times as aforesaid. 

Ami he it further enacted hy the authority aforesaid^ 

[Sect. 3.] That the act entituled "An Act for the establishing of ig92-3, chap. 36. 
precedents and forms of writs and processes," and all and singular the 
forms, articles, clauses, matters and things therein contained, with the 
alterations and amendments heretofore made, and hereinafter men- 
tioned, be and are hereby revived and continued, to abide and remain 
in full force and virtue until the end of the first session of the general 
assembly to be begun and held upon the last Wednesday of the mouth 
of May next, in the said year of our Lord one thousand six hiindred 
ninety-seven, and no longer : provided^ nevertheless^ that all writts and 
process shall bear the style of the king and be issued in his name only. 

Provided^ also^ Wxvit the words "forty pounds sterling "in the pre- Seei098,ch.4, 
cepts to be issued by the sherifts or marshals, respectively, for electing "lote.posf. 
of representatives to serve in general assembly, be, and hereby are 
altered, and the words "fifty pounds sterhng" be inserted instead 
thereof in the said precepts to be hereafter issued ; any former law, 
usage or custom to the contrary notwithstanding. \_Passed and puh- 
lished October 3. 

" — Wc humbly represent to Your Excellencies that Whereas the Act entituled An Act of 
Supplement and addition to several Acts therein mentioned, [1695-6, chap. 9] and the Act 
entituled An Act for the reviving & establish^ of Judicatories and Courts of Justice and the 
formes of Writts and Processes, do, the first of them add unto, and the other revive a former 
Act entituled An Act for the establishing of Judicatories and Courts of Justice within this Prov- 
ince, [1G92-3, ch. 33] which, with other Acts of Supplement thereunto, have already been 
repealed, we are humbly of opinion that those be all repealed." — Eejiresentation of the Board 
of Trade, Nov. 24, 1698, ut supra. 



CHAPTER 6. 

AN ACT FOR THE FURTHER CONTINUING OF AN ACT ENTITULED "AN 
ACT TO PROHIBIT THE EXPORTATION OF GRAIN, &c.," AND TO PROHIBIT 
THE MALTING OF BARLEY AND RYE. 

Whekeas the present harvest, through the holy and righteous hand 
of God has been much diminished and cut short, and will scarcely 
supply the occasions of the province in the ensuing year, — 

j5e it therefore enacted by the Jjieutenant-Governour, Council and 
Hepi-esentatives in General Court assembled, and by the authority of 
the same, 

[Sect. 1.] That the act to prohibit the exportation of grain, bisket 1695-6, chap. 16. 
and flower, made and passed at the session of the great and general 
court or assembly in November, one thousand six hundred ninety-five, 

32 



250 Peoyince Laws.— 1696. [Chap. 7.] 

in the seventh yeai* of his present majestie's reign, entituled " An Act 
to prohibit exportation of grain, &c,," and all the branches, articles, 
clauses, powers, penalties and proviso's therein contained, be and hei-eby 
are revived and further continued to abide and remain in full force 
during the continuance of this act. 

A)id be it further enacted by the authority aforesaid, 
[Sect. 2.] That from and after the publication hereof, no barley or 
rye shall be malted, or wet in order to malting, Avithin this province, 
on 2Dain of forfeiting the same ; two-thirds thereof unto the selectmen 
or overseers of the poor in the town where it shall be seized, to the use 
of the poor of such town ; and the other third to him or them that 
shall seize, inform or sue for the same by bill, plaint or information in 
any of his majesty's courts of record within the county where the same 
shall be seized. And every justice of the peace, in the county where he 
resides, upon complaint or information to him given of any malt made, 
or barley or rye wet in order to malting, contrary to this act, is hereby 
authorized to grant his warrant, directed unto the sheriff of the county 
or constable of the town, to enter any house or houses in the day time 
where the same shall be, and to cause seizure thereof to be made ; to be 
proceeded against and disposed of as is before directed : provided, 
nevertheless, that this act shall continue in force until the end of the 
next sitting of the general assembly, and no longer. \Pa^sed and 
published October 3. 



CHAPTER 7. 



AN ACT FOR A MORE SPEEDY SUPPLY OF THE TREASURY, UNTIL A TAX 

CAN BE RAISED. 

£e it enacted by the Lieutenant- Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same. 

That the treasurer be and hereby is impowred to issue forth the sum 
of two thousand pounds, in the endorst bills of publick credit, for the 
answering of such j^ayments as shall be orderly demanded from the 
1696, chap. 3. treasury, for the ends mentioned in the act for the tax granted by this 
court at their session begun the twenty-seventh day of May last ; which 
bills shall pass out of the treasury at the value therein expressed, the 
treasurer to have credit in his accompt[s] after the rate of five pounds 
per cent more for such sum in said bills as he shall so issue, having 
been received into the treasury at that value ; and the said bills shall be 
taken and accejoted in all publick joayments, with the advance of twelve- 
pence on the pound over and above the sum therein exprest. And the 
duties of impost, excise and tunnage of shipping are hereby granted as 
a fund for the repayment of all such sums in said bills as shall be in 
the hands of particular persons, in current money of this province. 
\^^assed and published October 3. 



[3d Sess.] Protince Laws.— 1696. 251 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Eighteenth day of November, A.D. 1696. 



CHAPTER 8. 

AN ACT FOR THE EQUAL DISTRIBUTION OF INSOLVENT ESTATES. 

Be it enacted by the Lieutenant- Governou7\ Council and Represen- 
tatives in General Court assembled, and it is enacted and ordained by 
the authority of the same, 

[Sect. 1.] That when the estate of any person deceased shall be Manner of dls- 
msolvent or insufficient to pay all just debts which the deceased owed, 4''^"t*3"9 
the same shall be set forth and distributed to and among all the cred- 
itors in proportion to the sums to them respectively owing, so far as 
the said estate will extend, saving that the debts diie to the crown, the 
sickness and necessary funeral charges of the deceased are to be first 
paid. And the executor or administrator appointed to any such insol- 
vent estate, before payment to any be made (except as aforesaid), shall 
represent the condition and circumstances thereof unto the judge for 
probate of wills and granting of administrations; and the said judge Appraisers to 
shall nominate and appoint two or more fit and indiffisrent persons to ^^ sworn, 
make a true and equal apprizement of such estate, and administer an 
oath unto them for that purpose ; and shall also nominate and appoint 
two or more fit persons to be commissioners, with full powder to receive 
and examine all claims of the several creditors, and how they are made 
out. And such commissioners shall cause the times and place[s] of their commissioners 
meeting to attend the creditors, for the receiving and examining of *^ receive the 
their claims, to be made known and published by posting up the same 
m some publick places in the shire town of that county where such 
deceased pei'son last dwelt, and of the two next adjoyning counties. 
And six, twelve or eighteen months' time (as the circumstances of any 
estate may require), shall be allowed by the judge unto the creditors 
for bringing in their claims and proving their debts; at the end of 
which limited time, such commissioners shall make their report, and 
present a list of all the claims unto the said judge, who shall order 
them meet recompcnce out of the estate, for their care and labour in 
that aflair ; and, the debts due to the crown, sickness and necessary 
funeral charges, as is herein before provided, being first subducted, shall 
order the residue and remainder of the estate to be paid and distributed 
to and among the other creditors that shall have made out their claims, 
in due proportion to the sums unto them respectively owing, according 
as the estate will bear, saving unto the widow (if any be), her right of 
dower, according to law, in the houses and lands of the deceased, the 
widoAv's dower, at the expiration of her term, to be also distributed 
among the creditors in a like proportion : provided, that notwith- Debts may be 
standinor the report of any such commissioners, or allowance thereof ^°"!^,^i';*^i„^* 
made, it shall and may be lawiul to and lor the executor or admmis- is Mass. 28. 



252 



Pbovince Laws. — 1696. 



[Chap. 9.] 



Process sus- 
pended whilst 
the commission 
is depending. 
1 Mass. 504. 

Creditors ex- 
chided that 
bring not in 
their claims. 



Persons sus- 
pected of con- 
cealment or 
imbezzlements 
to be sworn. 



Penalty for 
refusing. 



Appeal. 



trator to contest the proof of any debt at the common law. And no 
process in law (except for debts due to the crown, sickness and funeral 
charges), shall be allowed against the executors or administrator of any 
insolvent estate, so long as the same shall be depending as aforesaid ; 
and whatsoever creditor shall not make out his or her claim with such 
commissioners before the full expiration of the hniited time, such per- 
son shall be forever after debarred of his or her debt, unless he or she 
can find some further estate of the deceased's, not before discovered 
and 2)ut into the inventory. 

And be it further enacted hy the authority aforesaid, 
[Sect. 2.] That every judge for probate of wills and granting 
administrations within the respective counties, be and hereby is fully 
authorized and impowred to call before him, and to require and admin- 
ister an oath, unto any person or persons probably suspected by any 
executor or administrator to have concealed, imbezelled or conveyed 
away any of the money, goods or chattels left by the testator or intes- 
tate, for the discovery of the same. And in case any such suspected 
person was betrusted by the person deceased, attended upon, or was 
otherwise conversant with or near unto him in the time of sickness, or 
left in possession of the estate, whereby to strengthen and make the 
suspicion more violent, and shall refuse to clear and acquit him or her- 
self upon oath, it shall and may be lawful for, and the judge is hereby 
impowred to commit such person so refusing to swear unto the goal of 
the county, there to remain until he or she shall comply to discharge 
him- or herself upon oath, as aforesaid, or be released by consent of 
the executor or administrator : saving unto any person agrieved at any 
sentence, order or decree made by the judge of probate, liberty of an 
appeal unto the governour and council, such appellant giving bond in a 
reasonable sum, with sufficient security, to prosecute his appeal with 
ejffect, and to abide and perform the determination that shall be made 
thereupon. [Passed November 26 ; published December 4. 



CHAPTER 9. 



AN ACT FOR THE DUE ASSIZE OF BREAD. 



£e it enacted by the LieuUnant-Governour, Council and Hepresen- 
tatives in General Court assembled, and by the authority of the sa^ne, 

[Sect. 1.] That henceforth every loaf-bread baker shall have a dis- 
tinct mark for his bread, and keep the due assizes hereafter expressed 
as well for what he bakes for sale, as to be spent in his family ; that is 
to say, the assize of bread shall be rated according to the middle price 
of wheat, not to be altered but upon the increasing or decreasing of 
sixpence in the sale of a bushel ; the penny loaf to weigh by avoirdu- 
poiz weight as is hereafter mentioned, according to the different prices 
of wheat by the bushel ; viz., — 



[3d Sess.] 



Province Laws. — 1696. 



253 





■Weight of 


Weight of 


Weight of 


Price of Wheat. 


Penny White Loaf. 


Penny Wheaten. 


Penny Household. 


Shillings. Pence. 


Ounces. Drams. 


Ounces. Drams. 


Ounces. Drams. 


At 3 


11 4 


17 2 


23 


3 6 


10 2 


15 3 


20 4 


4 


9 2 


13 7 


18 4 


4 6 


8 3 


12 5 


IG 6 


5 a 


7 5 


11 4 


15 3 


5 6 


7 1 


10 5 


14 2 


6 


6 4 


9 7 


13 1 


6 6 


6 


9 


12 


7 


5 6 


8 5 


11 4 


7 6 


5 2 


8 1 


10 4 


8 


5 


7 4 


10 


8 6 


4 6 


7 1 


9 4 


9 


4 4 


6 6 


9 



And so proportionably, under the penalty of forfeiting all siicli bread 
as shall not be of the several assizes aforementioned, to the nse of the 
poor of the town where the same shall be seized, and otherwise as is 
hereafter expressed. 

And for the better discovery and more effectual preventing of fraud 
and deceit in the assize of bread, — 

£e it enacted by the authority aforesaid^ 

[Sect. 2.] That the clerks of the market in each town within this Clerks of the 
province, or any one of them, shall and are hereby impowred and ^mi'duty.^"^*^'" 
required once every week or oftner as they shall see cause, to enter 
into any shop or place where bread is usually sold or baked for sale and 
to weigh the same ; and all such bread which they shall find under the 
due assize according to the proportion before-mentioned, or not being 
marked, to make seizure of and deliver two third parts thereof unto 
the selectmen or overseers of the poor in such town for the use of the 
poor within the same, the officer to have the other third for his pains ; 
and the constable or constables of such town are hereby ordered to be 
aiding and assisting unto such clerk or clerks of the market for the due 
execution of their office when he or they shall be thereunto required. 

And be it further enacted, 

[Sect. 3.] That the selectmen in each town where bread is baked selectmen to 
for sale, shall once a month, or oftner as they shall see cause, inquire, ^f^wheat ^"^ 
state and record the middle price of wheat, and cause the same to be 
made known by posting it up in some publick place or places in such 
town, and the bakers shall accordingly regulate the weight of their bread 
after the assizes hereinbefore mentioned. 

And be it further enacted by the authority aforesaid, 

[Sect. 4.] That all bisket sold by tale shall be alike marked and Biscuit sold by 
made of the same assize with the penny loaf, on pain of forfeiture as ^^lirked and of 
aforesaid ; and the clerks of the market are hereby required and due assize. 
impowred to weigh all such bisket and to make seizure of all that shall 
be unmarked or under weight, to be imj^loyed and disposed of as afore- 
said; and all bisket sold by weight shall be dried fit for the sea. 
\_Passed December 3 ; published December 19. 



254 Province Laws.— 1696. [Chap. 10.] 



CHAPTER 10. 

AN ACT FOR MAKING OF LANDS AND TENEMENTS LIABLE TO THE PAY- 
MENT OF DEBTS. 

Whereas the estates of persons within this province do chiefly con- 
sist of houses and lands, which give them credit, some being remiss in 
paying of their just debts and others hapning to dye before they have 
discharged the same, — 

Be it therefore enacted and ordained by the Lieutenant- Governour^ 

Council and Bej^resentatives in General Court assembled., and by the 

authority of the satne, 

Lands and ten- [Sect. 1.] That all lands or tenements belonging to any person in 

toexecuti'on^ ^^^^ ^^^'^ proper right in fee shall stand charged with the payment of all 

1 Mass. 47, ' just debts owing by such person as well as his personal estate, and shall 

4 Mass. 657. he liable to be taken in execution for satisfaction of the same ; where 

15 Mass 28. t]ie debtor or his attorney shall not expose to view and tender to the 

ofiicer personal estate sufficient to answer the sum mentioned in the 

execution, with the charges. 

Execution duly [Sect. 2.] And all executions ducly served iipon any such houses 

served and re- r^^^ lands, bciug returned into the clerk's office of the court out of 

corded to make ■,.•,, ^ • -, ti ititi i -, • ■, 

agood title. wlucli the sauic issucd and there recorded, shall make a good title to 

15 Mass. 201. ^i^g party for whom they shall be so taken, his heirs and assigns for- 

Justices of the ever. Also where the goods and chattels belonging to the estate of any 

superior court person deceased shall not be sufficient to ansAver the just debts which 

licenseYhe sale the deceased owed, or legacies given, upon representation thereof and 

7 Mass^^^sH^'" making the same to appear unto the superiour court of judicature holden 

for or within the county where such deceased jierson last dwelt, the 

said court are hereby impowred to licence and authorize tlie executor 

or administrator of such estate to make sale of all or any part of the 

houses and lands of the deceased so far as shall be necessary to satisfy 

the just debts wdiich the deceased owed at the time of his death, and 

legacies bequeathed in and by the last will and testament of the 

deceased ; and every executor or administrator being so licensed and 

authorized as aforesaid, shall and may by virtue of such authority make, 

sign and execute in due form of law deeds and conveyances for such 

houses and lands as they shall so sell, which instruments shall make a 

Debts to the good title to the purchaser, his heirs and assigns forever : provided, nev- 

flrstTaid* ^^ erthelcss, that any debt ot debts due to the crown from any such estate 

shall be first secitred and paid out of the same. 

And be it further enacted by the authority aforesaid. 
Fraudulent [Sect. 3.] That when any person or persons shall make sale or 

deeds to be other alienation of any lands or tenements to hun of right belonging, 
with intent to defeat and defraud his creditors of their just debts, not 
bona fide for good and valuable consideration truly paid, all such sales 
and alienations are to be deemed covenous and fraudulent, and shall be 
of none effect to bar any creditor from such debt as is to him owing. 
\I'assed December 16; published December 19. 



[3d Sess.] Province Laws.— 1696. 255 



CHAPTER 11. 

AN ACT TO PREVENT THE DESTROYING AND MURTHERING OF BASTARD 

CHILDREN. 

Whereas, many lewd women that have been delivered of bastard 
children, to avoid their shame and to escape punishment, do secretly 
bury or conceal the death of their children, and after, if the child be 
found dead, the said women do alledge that the said child was born 
dead, whereas it falleth out sometimes (though hardly it is to be 
proved), that the said child or children were nmrthered by the said 
women their IcAvd mothers, or by their assent or procurement, — 

J3e it therefore enacted by the Lieutenant- Governour^ Council and 
Representatives convened in General Assembly, and by the authority 
of the same. 

That if any woman be delivered of any issue of her body, male or c Gray, 12. 
female, which if it were born alive should by law be a bastard, and that 
she endeavour jjrivately, either by drowning or secret burying thereof, 
or any other way, either by herself or the procuring of others so to con- 
ceal the death thereof that it may not come to light, whether it were 
born aUve or not, but be concealed, in every such case the mother so 
oflending shall suffer death as in case of murder ; except such mother 
can make proof by one witness at the least that the child whose death 
was by her so intended to be concealed was born dead. [Passed 
Decetnber 2 ; published December 4. 



CHAPTER 12. 

AN ACT AGAINST HIGH TREASON. 



jBe it enacted by the Lieutenant- Governour, Council and Mepresen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That if any person or persons shall compass or imagine compassing or 
the death of our soveraign lord the king, or of our lady his queen, or jj^^lj^^f^tu*® 
of the heir apparent to the crown ; or if any jierson shall levy war king, &c. 
against our lord the king, or be adherent to the king's enemies, giving Levying war 
them aid and comfort in the realm or elsewhere, and thereof be prob- kfug?^* ^"^^^ 
ably attainted of open deed, by his peers, upon the testimony of two 
lawful and credible witnesses, ujDon oath, brought before the offender 
face to face, at the time of his arraignment, or voluntary confession of 
the party arraigned ; or if any person or persons shall counterfeit the Counterfeiting 
king's great \_seal^ or privy seal, or the seal of this province, and geai'^&f.'* ^^^^^ 
thereof be duly convicted as aforesaid, then every such person and 
persons so as aforesaid offending, shall be deemed, declared and 
adjudged to be traitors, and shall suffer pains of death, and also loose 
and forfeit, as in cases of high treason. 

And be it further enacted by the authority aforesaid^ 

[Sect. 2.] That the tryal of all and every person and persons what- Trials to bo rcg- 
soever, accused, indicted and prosecuted for high treason and misprision "^t^'io the°iaw 
of such treason, shall be regulated according to the act of parliament of" England in 
made in the seventh year of his present majestie's reign, entituled sonr&c. ^"^"^"^ 
"An Act for regulating of tryals in cases of treason and misprision of '' ^^'- nr.,ch. 3. 
treason," and the party so accused, indicted and prosecuted to be 
allowed the benefits and priviledges in and by the said act granted and 
declared. {Passed December 8 ; published December 19. 



256 Province Laws.— 1696. [Chaps. 13,14.] 



CHAPTER 13. 

AN ACT IN ADDITION TO THE ACT FOR PREVENTING OF COMMON NU- 
SANCES, ARISING BY SLAUGHTER-HOUSES, STILL-HOUSES, &c. 

1692-3, chap. 23. FoR the better preventing of desolation by fire, that may happen by 
drawing of spirits or melting down of tallow, — 

JBe it enacted hy the Lieutenant- Governour, Council and Representa- 
tives in General Court assonhled, and by the authority of the same.. 
Court of quar- That if any distiller or tallow chandler shall presume to set up any 
empowered%o Still or stills for the drawing of spirits, coj^per or furnace for the melting 
cause stills for of tallow, or make use of any still, copper or furnace for either of the 
spMtsl^or' fur- Said cuds, in any house or place other than such as are or from time to 
paces for melt- ^^^q ^i^^\\ j^q assio;ned for that purpose, by the selectmen of the town 

mg 01 tallow, ., o. . r- .^ i iil-j_ij?j.l 

set up without With two or more justices oi the peace, contrary to the intent oi the 
takeu down.'^ said act, every person and persons so offending, and being thereof duly 
convicted before his majestie's justices in the court of general sessions 
of the peace within the same county, shall not only incur the penalty 
or fine in the said act mentioned, but shall also enter into recognizance 
to take down such stills, coppers or furnace ; and in default of entring 
into recognizance as aforesaid, to be committed to prison until he do 
cause the same to be taken down ; or else such stills, coppers or fur- 
naces shall be taken down by order of the said court, and the charge 
thereof to be levied by distress and sale of such offender's goods, 
returning the overplus, if any be. [Passed December 10 ; published 
December 19. 



CHAPTER 14. 

AN ACT IN ADDITION TO THE ACT FOR REGULATING FERRIES. 

i69i-5, chap. 16, Wheeeas there is a constant recourse of travellers and others for 
passage over the ferries betwixt Boston and Charlestown, and betwixt 
Boston and Winisimet ; therefore, for prevention of the great inconven- 
ience and damage that doth or may happen to persons by being hin- 
dred and delayed at the said ferries for want of speedy transportation 
over the same, — 

De it enacted by the Lieutenant- Govemour, Council and Represen- 
tatives in General Court assembled^ and by the authority of the same, 
stated hours [Sect. 1.] That the person or persons that are, or from time to time 
boat*spas^lnJat shall be imploycd for keeping Winisimet Ferry, shall constantly main- 
winnis'immet taiii a good boat or boats in good repair, suitable for the said feny, on 
^^"^* each side of the water, and that such boats, whether there be any pas- 

sengers in the same or not, shall put off from their respective shoares 
to go to the other side, upon each day in the week (the Lord's Day 
excepted), at the hours of five, seven, nine and eleven a clock before 
noon, and at one, three, five and seven of the clock after noon. 
Penalty for throughout the wholc year, so as it be within daylight, on pain _ that 
ferryman's every such ferryman or ferrymen, being complained of and convicted 
^^^^'^ ' before any one or more of his majesty's justices of the peace of neglect 

of his duty in not crossing the said ferry at the several times and hours 
before-mentioned, shall forfeit and pay the sum of twenty shillings, one- 
half to the informer or complainant, and the other half to the use of 
the poor of the town of Boston. And such justice or justices may 
• restrain the offender or offenders until he or thev shall pay the said sum. 



[3d Sess.] Province Laws.— 1696. 257 

And he it further enacted^ 

[Sect. 2.] That all posts and expresses for his majesty's service, Posts, &c,, be 
and other persons having extraordinary business, as in cases concerning p^^ed.^ *'^^"^" 
life and death, shall be speedily transported over the said ferry at any 
time or season, without delay, on the i>enalty aforesaid, anything herein 
before contained to the contrary notwithstanding : provided, neverthe- Saving for 
less, that such ferryman or ferrymen shall not be obliged to put off from stormy seasons. 
their respective shoares, and pass the said ferry at any of the times or 
hours before stated, if it manifestly appear to be hazardous for them so 
to do by reason of any storm or tempest, or that in the winter the ice 
do hinder the passing of any boat across the said ferry. 

And he it further enacted hy the authority aforesaid, 

[Sect. 3.] That when and so often as it shall happen that the boats AtChariestown 
imployed for the ferry betwixt Boston and Charlestown shall be on the not to*Ueont1ie 
same shore, upon the landing of the second boat the first shall forthwith same shore, 
put off and pass over to the other side, passengers or no passengers, on 
the Hke penalty hereinbefore expressed, and to be disposed of as afore- 
said, to the use of the poor of Boston or Charlestown respectively. 
{Passed Decemher 17 ; published Decemher 19. 



CHAPTER 15. 



AN ACT* TO SUPPLY THE DEFECT IN THE LAW REFERRING TO THE 
CHOICE AND POWER OF TYTHINGMEN, ENACTED AT THE SESSION OF 
THE GENERAL COURT IN FEBRUARY, ANNO 1693. 

Wheeeas it is provided in and by the said act, that if any person Preamble, 
chosen to the office of tythingman shall refuse to take his oath, or 
serve therein, he shall forfeit and pay the sum of forty shillings, the 
said forfeiture to be levied by distress and sale of such person's goods ; 
but no provision is made how to come at the said forfeiture, if no goods 
of such persons can be found to distrain for the same, — 

Be it therefore enacted and declared hy the Lieutenant- Governour, 
Council and Representatives in General Court assembled, and by the 
authority of the saine, 

That in every such case, where no goods can be found whereon to Persons chosen 
make distress, it shall and may be lawful to and for the officer to seise tytMngm^^to*^ 
the body of the offender, and him commit unto the prison, to be there be committed 
kept until he shall answer and pay the said fine or forfeiture, with the Tan^befould'to 
charges of levying the same ; and the wan-ant directed to the officer satisfy the fine.. 
for levying thereof shall contain in it such a command, any law or 
usage to the contrary notwithstanding. [Passed and published 
December 19. 



CHAPTER 16. 

AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND 

ESTATES. 

We, his majesty's loyal and dutifiil subjects, the representatives of 
this his majesty's province of the Massachusetts Bay in New England, 
convened in general assembly, for and towards the repair of his majes- 

* " Which was disallowed, and not printed in the last editions."— ^o<e to theprinted act. And 
see 1093-4, chap. 20, § 11, ante. 

33 



258 Province Laws.— 1696. [Chap. 16.J 

tie's castle upon Castle Island near Boston ; for the making and erect- 
ing such further addition as may be necessary in batteries and vaults 
for defence and security of the same, and support of the garrison there ; 
for the subsistence and paying of wages to seamen and souldiers, and 
payment for vessels' hire, that have been, are, or shall be unployed in 
his majesty's service for the defence of this his province and the vigor- 
ous prosecution of the Avar against his majesty's enemies ; for the pro- 
curing of ammunition and other stores of war ; for the payment of such 
salaries, grants and allowances as have been or shall be made by the 
general court or assembly, and all such allowances and payments as are 
or shall be directed by any act of this province to be made out of the 
publick treasury ; for the support of the government and answering of 
the incident and contingent charges thereof, and for no other ends or 
intents whatsoever ; do unanimously grant unto his most excellent 
majesty a tax of nine thousand six hundred and nineteen pounds ten 
shillings, in money, to be levied upon polls and estates, both real and 
personal, within the said province, as in and by this present act for the 
manner and proportion thereof is directed and set forth, — 

And be it enacted by the Lieutenant- Governoiir, Council and Repre- 
sentatives in General Court assembled, and by the authority of the saine, 

[Sect. 1.] That the treasurer do seasonably send out his Avarrants 
directed unto the selectmen, trustees or assessors of each respective 
town or precinct within this province, reqixiring them to assess the 
sums herein set and proportioned unto such town or precinct, upon all 
rateable male polls above the age of sixteen years (except elders of 
churches, settled ministers, the president, fellows and students of Har- 
vard Colledge, grammar schoolmasters, and such who through age, 
infinnity or extream poverty in the judgment of the assessors, select- 
men or trustees are rendered incapable to contribute towards pubUck 
charges), and upon all estates both real and personal, lying within the 
limits and bounds of such town or precinct[s] and next unto the same 
(not paying elsewhere), in whose hands or possession soever the same 
shall be found, in just and equal pi-oportion, as near as may be, according 
to their best judgment and discretion, making no difference as to the 
sum set upon jdoIIs ; all Indian, molatto and negro servants to be esti- 
mated as other personal estate ; and to make two distinct lists of the 
assessment of said sum upon the polls and estates within such town or 
precinct, each list containing one just half of the said town's or pre- 
cinct's proportion to this tax, therein setting forth what each particular 
person is to jDay towards the same against his or her name respectively ; 
and the lists so perfected and signed by the said assessors, selectmen or 
trustees, or the major part of them, to commit to the collector, constable 
or constables of such town or precinct, as also to return a certificate of 
the name or names of such collector, constable or constables, together 
with the sum total of the Ust or lists to each of them respectively com- 
mitted unto the treasurer some time before the tenth day of April next 
ensuing. And the treasurer upon receipt of such certificate is hereby 
impowred and ordered to issue forth his warrant or warrants to the 
said collector, constable or constables, requiring him or them respec- 
tively to collect the sum total of one of the said lists, and to pay the 
same into the ti'easury and issue the accomjjts thereof, with himself or 
his successors in said ofltice, at or before the last day of May next 
ensuing ; also to collect the sum total of the other of [the'] said lists 
and pay the same in, and issue the accompts thereof as aforesaid, at or 
before the first day of August next following ; and the treasui-er is 
hereby also directed to send liis aforesaid warrants inclosed to the 
sheriff or marshal of each respective county, who is hereby required 
immediately to disperse and transmit the same unto the selectmen, 
trustees, assessors, constables or collectors of the several towns and pre- 



[3d Sess.] 



Province Laws. — 1696. 



259 



cincts, according to the directions thereof; and for his said service, 
charge and expences therein, shall liaA'e a reasonable allowance ordered 
him by the court of quarter sessions in such county, out of the county 
treasury, upon his laying the accompt thereof before them. 
And be it further enacted by the authority aforesaid, 
[Sect. 2.] That each town and precinct within this province shall 
be assessed and pay as its proportion to this present tax the sums here- 
after following ; that is to say, — 



IN THE COUNTY OF SUFFOLK. 

Boston, [^one thousand'] eight[een] hundred and sixty 
pounds, ...... 

Dorchester, one hundred ninety-five pounds, 
Roxbury, one hundred fifty-nine pounds, 
Milton, ninety-three pounds, 
Brantrey, one hundred fifty-six pounds, 
Weymouth, one hundred and five pounds, 
Hingham, one hundred fifty-six pounds, 
Dedham, one hundred and seventeen pounds. 
Medfield, ninety pounds, 
Wrentham, thirty pounds, 
Mendon, eighteen pounds, 
Hull, forty-eight j)ounds, 



IN THE COUNTY OF MIDDLESEX, 

Charlestown, three hundred pounds, 
Cambridge, one hundred eighty-nine pounds, 
Watertown, two hundred eighty-two pounds, 
Newto[to]n, one hundred and five pounds, . 
Sudbury, one hundred and twenty pounds, . 
Marlboro [?^<//i], eighty-four pounds, 
Medford, forty-two pounds, .... 
Maiden, ninety pounds, .... 

Woob[o]urn[e], one hundred forty-four pounds, 
Reading, one hundred and two pounds, 
Billerica, fifty-one pounds, .... 
Chelmsford, seventy-two pounds, . 
Concord, one hundi-ed and fifty pounds. 
Stow, fifteen pounds, • . . . . 
Grot on, thirty-three pounds, .... 
Lancaster, twenty-seven pounds, . 
Sherbourn[e], fifty-one pounds, 

IN THE COUNTY OP ESSEX. 

Salem, four hundred and twenty pounds, 
Ipswich, four hundred and thirty-five pounds, 
Newbury, three hundred and eighteen pounds, 
Salisbury, seventy-two pounds, 
Topsfield, seventy-eight pounds, . 
Aimsbury, twenty-seven pounds, . 
Haverhill, seventy-eight pounds, . 
Andovcr, one hundred and fourteen pounds, 
Bradford, thirty-six pounds, . 
Boxford, fifty-four pounds, 
Marbleliead, one hundred seventy-one jiounds, 
Lynn, one hundred sixty-eight pounds, 
Wenham, one hundred and eight pounds, 
Beverly, one hundred and twenty pounds, 
Glocester, seventy-eight pounds, . 



£1, 



860 05. Of?. 

195 

159 

93 

156 

105 

156 

117 

90 

30 

18 

48 



300 

189 

282 

105 

120 

84 

42 

90 

144 

102 

51 

72 

150 

15 

33 

27 

51 



420 

435 

318 

72 

78 

27 

78 

114 

36 

54 

171 

168 

108 

120 

78 



260 



Province Laws. — 1696. 



[Chap. 16.] 



Manchester, eighteen pounds, .... 
Rowley, one hundred and eight pounds, 

IN THE COUNTY OF HAMPSHIRE 

Springfield, one hundred and fourteen pounds, 



Northampton, one hundred and tw 
Hadley, seventy-eight pounds, 
Hatfield, sixty-three pounds, . 
Southfield, twenty-four pounds, 
Westfield, thirty-nine pounds, 
Enfield, six pounds, 



pounds, 



COUNTY OP YOEK. 



IN THE 

York, twelve pounds, 

[ Wells,-] 

Kittery, thirty-six pounds, 



IN THE COUNTY OF PLYMOUTH 

Plimouth, one hundred and eleven pounds, 
Situate, one hundred sixty-two pounds, 
Marshfield, eighty-seven jDounds, . 
Duxb[ur?/][oro'], seventy-eight pounds, 
Middleboro[?<^A], thirty pounds, . 
Bridgwater, seventy-five pounds, . 



£18 05. Od. 
108 



114 

102 

78 

63 

24 

39 

6 



12 
36 



111 

162 

87 

78 

30 

75 



IN THE COUNTY OF BARNSTABLE. 

Barnstable, one hundred twenty-six pounds, 
Yarmouth, seventy-eight pounds, . 
Eastham, eighty-four pounds, 
Sandwich, ninety-six pounds, 
Falmouth, twenty-one pounds, 
Manomo[iY][y], twenty-one pounds, 
Harwich, thirty-six pounds, . 
Rochester, eighteen pounds, . 

IN THE COUNTY OF BRISTOL 

Bristol, sixty-six pounds, 

Taunton, one hundred twenty-six pounds 

Dartmouth, one hundred thirty-two j^ounds, 

Freetown, fifteen pounds, 

Rehoboth, one hundred and two pounds, 

Attleboro[?<r77i], fifteen i^ounds, 

Swansey, one hundred and five pounds. 

Little Compton, sixty-six pounds, . 

Tiverton, twenty-four pounds, 

IN DUKES COUNTY, 

Edgar Town, forty pounds ten shillings, 
Tisbury, twenty-seven pounds, 
Chilmark, twenty-seven pounds, . 

Nantucket, ninety pounds, 



126 

78 

84 

96 

21 

21 

36 

18 



66 

126 

132 

15 

102 

15 

105 

66 

24 



40 10 

27 

27 

90 



Assessors to be 
chosen at the 
annual meeting 
for choice of 
town oflacers. 



And be it further enacted by the authority aforesaid, 
[Sect. 3.] That each town and precinct, at their next annual meet- 
ing directed by law for the choice of town ofiicers, shall choose three, 
five or seven able and discreet persons, being freeholders within the 
same (each person, by common esteem, to be worth at least one hun- 
dred and fifty pounds in real and personal estate), to be the assessors of 



[3d Sess.] Province Laws.— 1696. 261 

such town or precinct, for the sum proportioned and set upon them in 
and by this act ; and all and every person and persons so chosen for 
assessors, and accepting thereof, shall take the oath following ; [that is 
to say'], [viz'], — 

You, A. B., being chosen an assessor for the toAvn of C. for this present tax, do Oath. 
swear that in the discharge of said trust, you will deal impartially and equally 
therein, in proportioning the sum to be assessed upon the said town, after the best 
of your discretion and judgment. So help you God, [§'c.] 

Which oath the town clerk of each town or precinct, where there is Selectmen or 
no justice of the peace, is hereby impowred to administer. And if the asses^sors^lu^^ 
inhabitants of any town or precinct shall not convene at the time case, 
appointed by law for annual election of town officers, or, being so con- 
vened, shall neglect or refuse to choose assessors as aforesaid, or that the 
assessors so chosen shall refuse to accept of the said trust, the selectmen 
or trustees for the time being of such town or precinct shall be and 
are hereby declared the assessors of the same, and shall severally take 
the oath before mentioned. And every assessor attending the service 
aforesaid shall be paid by the town treasurer, or out of the town stock, 
two shillings per diem for each day he necessarily attends said service. 

And be it further enacted, 

[Sect. 4.] That if the assessors of any town or precinct shall neg- Penalty for neg- 
lect or refuse to perform the service required of them by this act, they it^„L^(*^"*^ ^" 

J- .1 J ^'j assessors, con- 

shall pay the sum set and proportioned upon such town or precinct in stables, &c. 
and by this act, to be levied by distress and sale of the estates, real or 
personal, of such defective assessors, by warrant from the treasurer, 
directed to the sheriff or marshal of the county in which such town or 
precinct lies, and for want of estate, their bodies to be taken and 
imprisoned until they pay the same. And all sheriffs, constables or 
collectors failing of performing the duty and service of them hereby 
respectively required, shall be liable and subject unto the like pains, 
penalties and forfeitures, to be prosecuted and recovered of them in the 
same way and manner as in and by any act or acts of the general 
assembly, or any clause, branch or article thereof, are set, declared and 
[c?is] [pre] scribed. 

And he it further enacted hy the authority aforesaid, 

[Sect. 5.] That where any person or persons, being inhabitants or persons about 
dwellers in any town or precinct within this province at the time of *" '^'^^'^7^ ^^,, 
making this present tax, and being assessed thereunto, shall be about to proportion to 
remove themselves or estate from thence before the time herein pre- ^'*'* ''*'^^" 
fixed for paying in the same into the treasury, it shall and may be law- 
ful, to and for the constable or collector for the same town or precinct, 
to demand and levy the whole sum and sums as such person or persons 
shall be assessed at in the list and lists to him committed, notwith- 
standing the time for collecting and paying in the second part of the 
said tax may not then be come ; and in default of payment, to distrain 
for the same, or to take any other way or course by law directed for 
the obtaining thereof. 

And xchereas there is owing unto the treasury, in part of the town of 
Northampton's proportion to a tax granted in the year one thousand 
six hundred ninety-one, the sum of seven pounds seventeen shillings 
and ninepence, committed to John Clark, then constable of said town, 
to collect, and afterwards by the selectmen abated out of the list to 
him given, — 

lie it enacted by the authority aforesaid, 

[Sect. 6.] That the said sum of seven pounds seventeen shillings Northampton's 
and ninepence be, and hereby is added unto the said town's proportion g^*^' ou„^f l^'. 
herein mentioned, to this present tax ; which will make up their whole enteen shillings 
sum one hundred and nine pounds seventeen shillings and ninepence, ^^^ muepence. 



262 Province Laws.— 1696. [Chap. 16.] 

to be assessed lapon the said town, as by this act is directed. And the 
treasurer is ordered and authorized to issue out his warrants to said 
John Clark town accordingly. And the said John Clark is hereby fully discharged 
discharged. of ^^d from the said sum of seven j^ound seventeen shillings and nine- 
pence ; and all j^rocess or executions heretofore granted by the treasurer, 
and served upon him or his estate, for the same, are hereby declared to 
be void and of none effect. 

And for the better enabling the treasurer to enforce the bringing in 
the moneys herein granted, or due from any toAvn or precinct, or in the 
hands of any sheriff, constable or collector, — 
Be it enacted by the authority aforesaidy 

[Sect. 7.] That the treasurer be and hereby is impowred to take, 
use and exercise as well all such rules, directions, powers and author- 
ities as have heretofore been given him in and by any act or acts of the 
general assembly, or in any clause, branch or article thereof, as in and 
by this present act, for the obtaining and drawing into the treasury the 
money herein granted, as also the arrears of all former rates, as fully 
and effectually as if the same directions, powers and authorities had 
herein been again particularly recited and re-enacted, and notwithstand- 
ing any limitation or restraint thereof in or to the jiai'ticular act or acts 
wherein the same are enumerated, set down and expressed. 
A7id be it further enacted by the authority aforesaid^ 
Three thousand [Sect. 8.] That the treasurer be and hereby is impowred to issue 
pounds in bills forth and pay a certain number of the bills of credit of the late colony 
forth! ^^^"*^ of the Massachusetts, endorsed in manner as is directed by the act 
1693-4, chap. 13- cntitulcd "An Act for a present supply of the treasury," to the sum of 
three thousand pounds, and no more, toward [s] the uses for which this 
present tax is granted ; which bills shall pass out of the treasury at the 
value therein expressed, the treasurer to have credit in his accompts 
after the rate of five pounds per cent more for such sum in said bills as 
he shall so issue forth as aforesaid, having been received into the treas- 
ury at that value ; and the said bills shall be taken and accepted in all 
publick payments, with the advance of twelvepence on the pound over 
and above the sum therein expressed. And this present tax to be a 
fund for the repayment of all such sums in said bills as shall be in the 
hands of particular persons, in currant money of this province. [Passed 
December 18 ; published December 19. 

Notes. — The engrossments of all the acts of this session, except chapter 3, are preserved. 
Besides the chapters above printed, one private act was passed, at the third session, under the 
following title: — 

" An Act To enable Lj'dia Moore, Relict and sole Administratrix of the Estate of John 
Moore, late of Boston, Tailer, deced, Intestate, to sell the right and priviledge of the said John 
Moore, in a passage way lying at the North end of the said Town of Boston." — {Passed Dec. 
10, 1696. 

The acts of the first session were sent to the Solicitor-General, Dec. 12, 1696, and he reported 
thereon to the Board of Trade the 13th of January following. In his opinion chapters 2 and 4 
" are agreable to Law and Justice and do not containe any thing prejudicial! to His Majestie's 
Eoyall Prerogative." Of chapter 1, he reports: " and having not seen the Acts intended to be 
continued by the said [act] I am not able to give any opinion how farr it is fit to confirme the 
said " act. Chapter 3 he omits to notice in his report. 

The public acts of the second and third sessions were sent to Attorney-General Trevor and So- 
licitor-General Hawles, Jan. 14, 1697-8; and, on the 19th of May, following, Sir Henry Ashurst 
presented to the Board of Trade the report of the Solicitor-General thereon, dated JNIay 17, 1698, 
in which he gives his opinion that chapters 7, 8, 9, 10, 11,. 12, 13, 14, 15 and 16 are all " agreable 
to Law and Justice and do not contain any thing prejudicial to his Maj'J' Royall I'rerogative." 
Of chapters 5 and 6 he reports that not having seen sundry acts therein intended to be continued, 
he is unable "to give any opinion how farre it is fitt to confirme the said" acts, respectively. 
On the 24th of November following, the Board of Trade made their " Representation," quoted 
in the notes under chapters 1 and 5, respectively, in which they mark chapters 2, 3, 6, 7 and 16 
as " expired," and chapters 1 and 5 " to be repealed," mentioning the rest by their titles with- 
out comment. 

The Board of Trade communicated the reasons for the repeal of chapters 1 and 5, in their 
letter to the Earl of Bellomont, dated Feb. 3, 1698-9. 

Chap. 1.—" These being the particular reasons for repealing each of the forementioned Acts 
contained in one of the foresaid Orders of Council we shall, in the next place, acquaint j'ou with 
•what we have occasionally observed in considering all the Acts contained in both the foresaid 
Orders. 



[3d Sess.] Province Laws.— 1696. 263 

The practise of joining together diverse Acts or Clauses upon different subjects under the 
same Title is a great in-egularity and in some occasions may tend to the prejudice of the Prov- 
ince Whereof we judge they will find an instance in the Act of supplement and addition to 
several Acts therein mentioned [1G95-6, chap. 9] in which some of those additions might have 
been approved if they had been separately enacted without that which we have before men- 
tioned as the reason for repealing the -said Act; And the like will undoubtedly be found in the 
repeale of the forementioncd Act for continuing certain Acts thereinafter mentioned that are 
near expiring, which could not but be repealed because it reinforces one Act that had before 
been repealed. This is what the Governor and Council of that Province have formerly beea 
particularly blamed for and directed to reform, by a letter from the Lords of the late Committee 
for Trade and Plantations dated the 2G"' of December, 1695, And we desire Your Lordship, 
therefore, now to take the more especial care that the like practice be no longer continued." — 
Letter from the Board of Trade to Gov. Belhmoni, ut sujira. 

Chap. 4. — " Having oft occasion to make enquiry concerning Pirates, and the methods of 
prosecuting them in his Majesty's severall Plantations, it has been represented to us as a dis- 
couragement to any persons from troubling themselves about the seizure of Pirates' Goods, in 
the Province of the Massachusetts Baj', that the share of those who make such seizures is not 
there fixed by law, but lefl to be as usual, which makes it ver}' uncertain and precarious. And 
if that be so, we think it deserves your Lordship's care to get some more effectual provision 
made in that case by ascertaining a considerable share of recompence to those who shall do anj' 
such services. We write the more doubtfully in this matter because we have not any compleat 
collection of the Laws of that Province by us, to have recourse rmto; But for that reason we 
desire vour Lordship to give directions that such a Collection be sent us; And further also, that 
in transmitting all future Acts of General Assemblies there be at least three or four copies 
thereof sent us by different conveyances." — Ibid. 

" June 3'* 1699. His Excellency Laid before the Board Two Several Bills, the One for 
Restraining & punishing of privateers &c : The Other for Erecting & Establishing a Post office, 
Both of them recommended by the Government of England, to be Enacted within this Prov- 
ince which were Severally Read, and upon the Question put it was Resolved that they be both, 
transcribed bj' the Secretary, and that the Bill for Restraining & punishing of privateers, and 
Pirates Calculated for the Island of Jamaica be Adapted to this Province & that Both of them 
be Brought in on Tuesday morning next & then Read." — Council Eecoi-ds, vol. VII., p. 8. 

" June 29'\ 1699. The Question being put whither that Clause in the Bills for the restrain- 
ing & punishing of privateers & Pyrates, providing that their Tryalls be had before the Judge 
of the admiralty for the time Being & three or more substantial persons, to be commissiont'* by 
the Governour, with the Advice & Consent of the Council, should stand? — It passed in the 
nega.tixe."—Ibid., p. 27. 



ACTS, 
Passed 1697. 



[266] 



84 



ACTS 

Passed at the Session begun and held at Boston, 
ON the Twenty-Sixth day of May, A.D. 1697. 



CHAPTER 1. 

AN ACT FOR PUTTING THE MILITIA OF THIS PROVINCE INTO A READINESS 
FOR DEFENCE OF THE SAME. 

Whereas the law has ah-eady provided, in case of alarm made, 1693-4, chap. 3, 
either from a seaport town or other town lying frontier to or in dan- ^^*' 
ger of the enemy, that the captain or captains of the adjacent towns 
shall forthwith go or send such relief as they shall judge meet for the 
offence of the enemy, and defence of themselves, &c. ; but forasmuch 
as, in this time of danger, there may be occasion to call together, amie, 
array and put into a posture for war the whole militia and forces 
within the several counties, for the necessary defence of the province 
in case of invasion, or sudden approach of the enemy, before the notices 
thereof can reach the commander-in-chief, to have directions or orders 
from him for the same, — 

Me it therefore further enacted and declared by the Lieutenant- 
Governour and Commander-in- Chief hy and with the advice and con- 
sent of the Council and Representatives in General Court assembled, 
and by the authority of the same, 

[Sect. 1.] That all persons commissioned by the commander-in- commissioned 
chief to bear office in any military regiment, company or troop within ^po'\vere^*to" 
this province, be and hereby are impowred and authorized, by virtue encounter and 
thereof (agreeable to instructions by him already given to the chief enemy .*^^ 
officer of the several regiments), as occasion shall require, in the cases 
and to the intents and purposes abovesaid, to amie, array and weapon 
the regiment, company or troop respectively under their command, or 
part of them, and by force of annes to encounter, repel, pursue, kill 
and destroy any of the French [an J] [or] Indian enemy, so always [as] 
to be observant of such commands and orders as they shall receive from 
their superiour officer, and to dispatch away to him speedy notice of 
their motion, and the occasion thereof. 

[Sect. 2.] And that the colonel or chief officer of each regiment Coionei oroth- 
commissioned by the commander-in-chief, be and hereby is impowred of a regiment 
and authorized, as occasion shall require in any of the cases and to the a^^ljl^j!** 
intents before mentioned, from time to time to call together the Avholc ment, or part 
militia of the regiment under his command, or such part \_of them'] peiung\n°dpur. 
[thereof] as he shall think needful, and to arnie, array and put them suing the ene- 
into posture for war, upon any alarm, invasion or notice of the appear- ™^' ^* 
ance of the enemy, French or Indians, by sea or land, and the said regi- 
ment, companies or troojjs, so armed, aiTayed and weaponed, or part of 
them, to lead, conduct and imploy, or to appoint some other lit person, 
by Avriting under his hand, to lead, conduct and imploy them, as well 



268 



Province Laws. — 1697. 



[Chap. 2.] 



Assistance to 
be given unto 
neighboring 
towns, &c., at- 
tacked by tire 
enemy. 



Intelligence to 
be posted away 
to the com- 
mander-in- 
chief. 

In case of the 
colonel's ab- 
sence, the next 
commissioned 
officer to act. 



Penalty for dis- 
orderly shoot- 
ing. 



within the regiment and county whereto they belong, as into any other 
county or place within this province, for the assisting, succouring and 
relieving any of his majestie's subjects, towns or places that shall be 
assaulted by the enemy, or in danger thereof, and with such party, com- 
panies or troops to encounter, resist, repel, pursue, kill and destroy the 
French and Indian enemy, or any of them, by all fitting wayes, enter- 
prises and means whatsoever; the colonel or chief officer of such regi- 
ment so taking to amies, or sending forth any party of men, forthwith 
to post away the intelligence and occasion thereof unto the commander- 
in-chief, and to attend and observe such directions and orders as he shall 
receive from him. And in case it happen the colonel or chief officer of 
any regiment be out of the limits or precincts of the regiment for 
which he is or shall be commissioned, respectively, at the time of any 
invasion, attack or appearance of the enemy, or alarm given from any 
of the neighbouring towns or regiments, the next commission officer 
then within the regiment shall have, use and exercise the same powers 
and authorities herein before granted, until the return of the colonel or 
other superiour officer ; the officer so acting to post away the intelli- 
gence thereof, with the occasion for the same as aforesaid, unto the 
commander-in-chief, and to attend and observe such directions and 
orders as he shall receive from the commander-in-chief therein. 

And for the better preventing of false alarms by disorderly shooting 
off guns in the night, — 

JBe it further enacted hy the authority aforesaid, 

[Sect. 3.] That no person or persons whatsoever, in any town or 
garrison, shall presume to discharge or shoot off any gun or guns after 
the shutting in of the daylight in the evening, or before daylight in the 
morning, unless in case of alarm, approach of the enemy, or other 
necessary defence, on pain that every person so offending, and being 
thereof convicted before one or more of his majestie's justices of the 
peace, shall forfeit and pay the sum of ten shillings, one moiety thereof 
to and for the use of the poor of the town where the offence is com- 
mitted, and the other moiety to him or them that shall inform or pros- 
ecute for the same. And in case such offender shall not have Avhere- 
with to answer the said fine, or shall refuse or neglect to pay the same, 
then to be set in the stocks, not exceeding two hours' time : provided, 
that this act shall remain and continue in force during the present war, 
and no longer. \_JPassed June 8 ; published June 19. 



CHAPTER 2. 



AN ACT FOR GIVING SUCCOURS AND ASSISTANCE TO THE RELIEF OF 
HIS MAJESTIE'S SUBJECTS IN THE NEIGHBOURING PROVINCES OR COL- 
ONIES. 

Forasmuch as in this time of war, there may be occasion for the 
raising of souldiers, and transporting or marching of them out of the 
limits of this province into the neighbouring provinces or colonies, for 
the defence of his majestie's subjects and interests, and the prosecution 
of the French or Indian enemy, — 

J5e it declared and enacted by the Xieutena7it- Governottr, Council 
and Mepresentatives in Genercd Court convened, and by the authority 
of the same. 

That in the vacancy of the general assembly, it shall be in the liberty 
of the governour and commander-in-chief for the time being, by and 
with the advice and consent of the council, to raise and transport such 
part of the militia of this province as they shall find needful, or oblige 



[1st Sess.] Province Laws.— 1697. 269 

them to marcli into any of tlie neighbouring pro\ances or colonies, for 
the ends before mentioned, at any time or times until the end of the 
next session of this present court, and at no time afterward, without 
their free and voluntary consent, or the consent of the great and gen- 
eral court or assembly, this act or any tiling therein contained to the 
contrary thereof in any wise notwithstanding. [^Passed June 3 ; pub^ 
Ushed June 19. 



CHAPTER 3 



AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL DUTIES OF IMPOST, 
EXCISE, AND TUNNAGE OF SHIPPING. 

We, his majestie's loyal and dutiful subjects, the representatives of 
this his province of the Massachusetts Bay in New England, being 
duely sensible of the great charges and expences which have already 
arisen, and will be daily growing and increasing, for the defence of his 
majestie's subjects and interests within this his province, and for a 
vigoi'ous prosecution of the war against the French and other his 
majestie's enemies ; for and towards the defraying of the charge of the 
province gaily and fire-ship, and the fitting out and hire of such other 
vessels as have been, are, or shall be taken up here and imployed in his 
majestie's service, for the defence of the province ; for answering of the 
necessary and contingent charges in and about the siipport of the gov- 
ernment ; for payment of the salaries and allowances to the officers 
imployed in and about the execution of this act, and such other grants, 
salaries and allowances as have been or shall be made by the general 
court or assembly ; have cheerfully and unanimously given and granted, 
and do hereby give and grant unto his most excellent majesty, to the 
ends and intents aforesaid, the several duties and impositions upon all 
wines, liquors, goods, wares and merchandizes that shall be imported 
into this province, excise and tunnage of shipping herein after men- 
tioned and expressed, and pray that it may be enacted, — 

And be it accordingly enacted by the Lieutenant- Governour^ Council 
and Representatives in General Court assembled, and it is enacted and 
ordained by the authority of the same, 

[Sect. 1.] That from and after the twenty-ninth day of June, in 
this present year of our Lord one thousand six hundred ninety-seven, 
for and during the continuance of this act, there shall be paid by the 
importer, for all wines, liquors and goods that shall be imported into 
this province, the rates in and by this act hereafter mentioned and 
expressed ; that is to say, — 

For every pipe of common wine, of the Western Islands, the sum of Kates of wines, 
one pound ten shillings. 

For every pipe of Passad[o][a] wine, two pounds five shillings. 

For every pipe of Madera wine, two pounds. 

For every pipe of Canary, Malago or Sherry wines, two pounds ten 
shillings. 

For every pipe of Port wine, one pound fifteen shillings. 

For every pipe of wine, not of any of the sorts before mentioned, 
one pound. 

And so proportionably for greater or lesser quantities ; and for every Rates of rum 
gallon of rhum or other spirits imported as aforesaid, tcni)cnce. For ftg. °^ ^"■^Pi'"" 
all goods, wares and merchandizes that shall be imported as aforesaid 
(salt, cotton wool, provisions, and every other thing of the growth 
and product of New England only excepted), the several imposts and 



270 



Province Laws. — 1697. 



[Chap. 3.] 



Rates of mer- 
chandises. 



The whole duty 
of goods to be 
paid down, and 
one-half for 
wines and liq- 
uors, the other 
half to be se- 
cured by bond. 



Entries, where 
the duty ex- 
ceeds not four 
shillings, to be 
free. 



Masters to 
make report 
before break- 
ing bulk. 



Masters to 
make oath. 



Penalty for 
breaking bulk 
before giving 
an account 
upon oath. 

Bills of store 
allowed. 



Importers to 
make entries 
and pay the 
duties, or se- 
cure the same 
before landing, 



duties following ; that is to say, for every hvindrecT pound stei'ling in 
English merchandizes, at the prime cost in England (the original 
invoices Avhereof to be produced and shown), the sum of twenty 
shillings. 

For every hogshead of sugar, two shillings. 

For every hogshead of molasses, one shilling. 

For every hogshead of tobacco, two shillings sixpence. 

For every ton of log[g]wood, three shillings. 

[Sect. 2.] And for all other commodities, goods, wares and mer- 
chandizes (except as before excepted), one penny for every twenty 
shillings value here ; all which aforesaid imposts, rates and duties shall 
be paid in currant money of this province, unto the commissioner for 
impost to be appointed as in and by this act is hereafter mentioned and 
expressed, or to his sub-receiver, the one-halfe thereof for wines and 
liquors, and the whole for goods and merchandizes, to be paid at or 
before the landing of any wines, liquors or goods, and three months' 
time to be allowed to the importer for payment of the other halfe 
for wines and liquors, if he shall desire the same, and give bond, with 
sufficient security, to the commissioner or such other person as he shall 
appoint to be receiver, for payment thereof accordingly ; otherwise the 
whole to be paid at or before the landing of any such wines or liquors. 
And all entries where the impost or duty to be paid doth not exceed 
four shillings shall be made without charge to the importer, and not 
more than sixpence to be paid for any other single entry to what value 
soever. And for every bond to be given as aforesaid there shall be 
paid twelvepence, and no more. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That all masters of ships or other vessels coming into 
any of the harbours or ports within this province, before bulk be 
broken, shall make [a] report to the commissioner for impost to be 
appointed as is hereafter mentioned, or such as he shall substitute to 
receive the same, of the contents of the loading of such ship or vessel, 
without any charge or fee to be demanded or paid for the same. And 
if there be on board such ship or vessel any goods, wines or liquors in 
and by this act liable to pay impost, such master shall then also give an 
accompt under his hand to the said commissioner or receiver, of all 
such goods, wines and liquors liable to jDay impost, on board such ship 
or vessel, with the quantities, species, and to whom the same are con- 
signed, and the marks thereof, and shall make oath that the same is a 
just and true accompt, to the best of his knowledge, of the whole 
ladeing taken on board at the port or ports such vessel came from ; 
which oath the commissioner or receiver respectively ai'e hereby 
impowi'cd to administer. After which such master may unload, and 
not before, on ])ain of fifty pounds to be forfeited and paid by each 
master that shall neglect his duty in this behalfe. And the said com- 
missioner is hereby impowred to allow bills of store to the masters of 
any ships or vessels importing any wines or Hquors, for such private 
adventures as shall belong to the master and seamen of such ship or 
other vessel, at the discretion of the commissioner, not exceeding three 
per cent of the lading ; and the duties payable by this act for such 
wines or liquors in such bills of store mentioned and expressed shall be 
abated. 

xind be it further enacted by the authority aforesaid, 
[Sect. 4.] That all merchants, factors or other person or persons 
importers, being owners of or having any of the wines, liquors, wares or 
merchandizes consigned to them, that by this act are liable to pay 
impost or duty, shall, by themselves or order, make entry thereof, in 
writing under their hands, with the said commissioner or receiver, and 
pay the duty or secui'e the same to be paid as by this act is provided, 



[1st Sess.] Province Laws.— 1697. 271 

before such wines, liquors, goods, wares or merchandizes be landed or 

put into any boat or vessel in order to be landed, on pain of forfeiting 

all such wines, liquors, goods, Avares or merchandizes so landed or put 

into any boat or vessel in order to be landed ; and that no wines, Goods to be 

liquors, goods, wares or merchandizes that by this act arc hable to pay d^aytime'oniy. 

impost or duty shall be landed on any wharfe or into any warehouse 

or other place but in the daytime only, and that after sunrise and 

before sunset, unless in the presence of and with the consent of the 

officer appointed to inspect such affiiirs, on pain of forfeiting all such 

wines, liquors, goods, wares and merchandizes ; and all manner of per- All persons to 

sons are hereby i-equired to be aiding and assisting unto the commis- commisslonerl^ 

sioner and his agents, the informer, discoverer or seiz[?«'e][er] of such &c. 

wines, liquors or goods so unloaden contrary to the true intent and 

meaning of this act. And if the commissioner or receiver shall have 

just reason to suspect that any merchant, factor or other person to whom 

any goods or merchandizes comes consigned does not, in the entry or 

writing thereof to be given under his hand as aforesaid, make a full and 

perfect entry of such goods or merchandizes, or that the invoices of any 

English merchandizes, produced and shown by any person or persons as 

is by this act directed, are not really and bona fide the original invoices 

of the goods and mei'chandizes such person or persons would then enter, 

in every such case the commissioner or receiver resj^ectively are hereby An oath to be 

ordered and directed not to admit such person or persons to an entiy unto persons 

of the said goods and merchandizes until he or they shall have made suspected of 

1 1°,^.,.. ..,,.•', , making short 

oath to the truth oi said writing or invoice by him or them presented entries, 
as aforesaid, which oath the commissioner or receiver are hereby respec- 
tively impowred to administer. 

And be it further enacted by the authority aforesaid., 

[Sect. 5.] That it shall and may be lawful to and for the said com- feaTch i*n ™^^^ 
missioncr or for any of the officers imployed under him in and about the houses, &c. 
impost, by warrant from any two justices of the peace within this prov- 
ince (to that purpose first obtained), with one constable or more, to 
search all manner of houses, cellars and warehouses for such wines, 
liquors, goods or merchandizes which they or any of them shall be 
infoiTtned were there carried to be concealed in prejudice to the true 
meaning of this act, and with intent to defraud his majesty of his 
said dues ; and all such wines, liquors, goods and merchandizes so found 
shall be seized and forfeited, to be disposed of as is hereinafter men- 
tioned. And any two justices to whom comiDlaint of any such matter 
shall be made are hereby impowred and required to make out their war- 
rant to the constable, accordingly, and to break open the door or doors 
of such houses, cellars and warehouses in which he shall be informed 
any wines, liquors, goods or merchandizes are concealed as aforesaid, if 
the owner or possessor of such houses, cellars or warehouses shall deny 
entrance thereinto : ahcays j^^'ovided, that such search be made in the 
day time, and wnthin the space of one month after the offence sujDposed 
to be committed. 

Provided, also, that if the information whereupon any house, cellar 
or warehouse shall be searched prove to be false, that then and in such 
case the party injured shall recover his full damages and costs against 
tlie informer, by action of trespass. 

And be it further enacted, 

[Sect. 6.] That such officer or officers as shall be impowred and Power to search 
aiijiointed by the said commissioner shall have power and are hereby [end^th^un-*^*' 
authorized to enter on board any ship or vessel, there to make search lading, 
or to attend the unloading of any such ship or vessel, the better to pre- 
vent fraud and to secure the true pajTnent of the duties in and by this 
act granted and expressed. 



272 Province Laws.— 1697. [Chap. 3.] 

And it is further enacted and provided hy the authority aforesaid^ 
Allowance of [Sect. 7.] That every merchant or other person unporting any 
leLkage'fo/'^'^* wiues into this province shall be allowed twelve per cent for leakage : 
wines. provided^ said wines have not been filled up aboard ; and that every 

hogshead, butt or pipe of wine that hath three fourth parts thereof 
leaked out shall be accounted for outs, and the merchant or importer 
to pay no impost or duty for the same. 
Wines decayed Provided^ also, that if it be made appear that any wines imported 
ment *^ ^^"'^^' in any ship or vessel be decayed at the time of landing thereof, or in 
seven days afterwards, oath being made (if required) before the said 
commissioner or receiver that the same hath not been landed above 
that time, the duties of impost for such decayed wine shall be abated. 
And be it further enacted by the authority aforesaid^ 
Drawbacks ai- [Sect. 8.] That if all or any wines or liquors as aforesaid be landed 
e^ortation. within this province, and afterwards be exported out of the same within 
twelve months after importation thereof (being so made to appear), 
there shall be repaid or discounted by the said commissioner or his 
order unto the importers or their assigns, two-thirds of what they paid 
upon importation of the same, for so much as they shall so export : 
provided, that no drawback shall be allowed for any wine, rhum or 
other liquors which shall be laden or shipt ofi" to be exported out of this 
jDrovince, unless certificate be first had for the same from the receiver 
and it be shipped in the presence of a waiter, who shall endorse the ship- 
ping upon the certificate, and return it into the ofiice before the draw- 
Fee for certifi- back be allowed, for which certificate the receiver shall be paid sixpence, 
back^""^ ^^^^' and the waiter for seeing the same shipt and endorsing it shall be paid 
sixpence ; and no such certificate shall be granted before the importer 
shall have made oath that the whole duty inward for such wine, rhum 
or other liquors is paid or secured to be paid ; and the ship or vessel on 
board which such wine, rhum or other liquors shall be shijjt in order to 
master lomake exportation shall not be cleared at the impost-oftice before the master 
oath. thereof hath made oath that he will land such wine, rhum or other 

liquors, bona fide, out of the province, the danger of the seas only 
excepted ; which oaths the commissioner or receiver are hereby respec- 
tively impowred to administer. 

A7id be it further enacted and ordained by the authority afoi'esaid, 
Kates for ex- [Sect. 9.] That there shall be given, granted and paid unto his 

'^^^^' majesty for the uses aforesaid, in currant money of this province, from 

and after the said twenty-ninth day of June in this present year one 
thousand six hundred ninety-seven, during the continuance of this act, 
an excise upon all wines, brandy, rhum and other distilled liquors, beer, 
ale, perry and cyder that shall be sold by retail in any town or place 
within this province, by those tliat shall retail the same, in manner and 
forme hereinafter mentioned and expressed ; that is to say, for every 
gallon of common wine[s] of the Western Islands, the sum of sixpence ; 
every gallon of Passado, Malago, Canary and Sherry, the sum of twelve- 
pence ; every gallon of Madera, the sum of eightiDcnce ; every gallon of 
rhum and all other sorts of distilled spirits, the sum of one shilling ; 
every barrel of beer, ale, peny and cyder, the sum of one shilling and 
sixpence ; and after the same rate for any greater or lesser quantities. 

And for the due and orderly collecting and receiving of the excise 
aforesaid, — 

It is further enacted by the authority aforesaid, 
Entry of wines, [Sect. 10.] That all retailers of wine, brandy, rhum and other dis- 
be made^vith" tilled liquors, bccr, ale, perry and cyder, within this province, having 
the commis- Qny of the said liquors in their respective houses or elsewhere, belonging 
person to be unto them at the time of this act's taking place, shall make due entry 
fPP^^"*®*^ '^y and pay the duties and excise aforesaid for the same, as is hereinbefore 
mentioned, unto the commissioners for excise to be appointed as in and 



[1st Sess.] Province Laws.— 1697. 273 

by this act is hereafter directed, or such other jierson as they shall order 
to receive the same ; and upon their further receipt or purchase of all or 
any of the liquors before mentioned, shall, before they receive it into 
their houses, cellars, shops, warehouses or other rooms or places, make 
entry with the said commissioners or other person to be appointed by 
them for that purpose, and pay the duties and excise aforesaid, imder 
the penalty of forfeiture of all such liquors as shall be found in any 
retailer's house, or other place or places thereto belonging, not being 
duly entred and the excise not paid as aforesaid ; and every retailer 
who shall make his own cyder, brew his own beer or ale, or distil strong 
liquors, shall from time to time and at all times when he or they shall 
make, brew or distil the same, make entry with the said commissioners, penalty for 
or other person [s] to be appointed by them as aforesaid, of all such cyder, default, 
beer, ale or distilled liquors by them made, brewed or distilled, and pay 
the excise as aforesaid, under the like j^cnalty and forfeiture of all 
such liquors as shall be found in such retailer's house, or other place or 
places thereto belonging, not entred and the excise thereof not paid 
in manner before expressed. And every retailer not making due entry 
as is before required, upon conviction thereof, shall over and above the 
penalty aforesaid also forfeit his or their license or licenses, not to be 
renewed Avithin the space of three years ; and it shall and may be law- 
ful to and for such officer or officers as by the said commissioners shall 
be appointed and impowred, when and so often as he or they shall think 
fit, in the daytime, to enter into any retailer's house, cellar or ware- 
house, to search for such wines or liquors as are not dixely entred, nor 
the excise paid for the same, and such wines or liqviors so found to seize 
and secure in order to the tryal and conviction thereof, and to gage any 
cask or casks for that end and purpose ; and the proofe Avhether the ^^{^^^^"^"^^ 
duties for such wines, liquors, beer or cyder be paid or secured to be ciaimer. 
paid, shall lye upon the ciaimer, and shall not be incumbent on the 
prosecutor or informer in behalfe of his majesty and himselfe : 2)rovided, 
such seizure be made or action brought within twenty days after the 
ground for such forfeiture or action did arise. 

And be it further enacted, 

[Sect. 11.] That no person or persons on any pretence or colour i'enaity onper- 

tj in it* •11 ji»i sons tu£ir sn3,il 

whatsoever shall or may take in, recen^e, harbour, entertain, keep or take in or keep 
conceal in his or their dwelling-houses, cellars or warehouses, any quan- wines or liquors 

I r- • , ° ,. 11. T "^ 1^ belonging to 

tity or parcel ot wines or other liquors belonging to any licensed \^ev- licensed per- 
son or persons, retailer or retailers, under the penalty of forfeiture of ®°°^' 
twenty pounds for every such quantity or parcel of wines or other 
liquors so taken or received, harboured, entertained, kept and concealed 
as aforesaid. 

And be it further enacted by the authority aforesaid, 

[Sect. 12.] That when and so often as comjilaint shall be made to Search to be 
any of his majestie's justices of the peace within this province, by the ifquors'con^ 
said commissioners or other person by them impowred to inspect the fnfgntt^^de- 
excise, that they suspect wines, liquors, beer or cyder to be concealed fraud, 
with intent to defraud his majesty of the duties laid by this act, in the 
houses, cellars, vaults, rooms or other places belonging to any retailer, 
and that such retailer refuses to open the doors of such their houses, 
vaults, rooms or other places ; or upon information given to such 
justice of any other person or persons suspected to receive, harbour, 
entertain, keep or conceal in his or their dwelling-houses, cellars or 
Avarehouses, any quantity or parcel of wines or other liquors for any 
licensed person or retailer, in every such case it shall and may be 
lawful to and for such justice, and he is hereby required to issue out a 
warrant to such officer complaining, thereby to enable him, with the 
assistance of a constable, in the daytime, to break open the doors of 
such houses, cellars, vaults, rooms or other places of any such retailer 

35 



274 



Province Laws. — 1697. 



[Chap. 3.] 



Commissioners 
empowered to 
farm out the 
excise. 



Commissioners 
empowered to 
sue. 



Duties of ton- 
nage. 



where they are denied entrance, and finding any wines, liquors, beer 
or cyder concealed that ought, but yet hath not been entred, and the 
duty of excise not paid as this act provides, to seize and secure the 
same in order to tryal and condemnation, or to break open the doors of 
any dwelling-houses, cellars or warehouses of any other person or per- 
sons suspected to conceal and harbour therein any liquors or wines of 
any licensed person or retailer, and finding there any such liquors or 
wines, the person harbouring or concealing the same shall be liable to 
the action or suit of the informer for the penalty of twenty pounds 
above mentioned : ^wovided^ nevertheless^ that if the information where- 
upon the dwelling-house, cellar or warehouses of any person or persons 
suspected to harbour or conceal any wines or liquors for any licensed 
person or retailer shall prove to be filse, the ^^persoii^ [party] injured 
shall recover his full damages and costs against the informer that 
obtained such Avarrant as aforesaid, by action of trespass. 

And he it further enacted and provided^ anything hereinbefore con- 
tained to the contrary notwithstanding^ 

[Sect. 13.] That it shall and may be lawful to and for the said 
commissioners to agree with any retailer for his excise for the whole 
year in one intire sum, to be paid quarterly, as they in their discretion 
shall think fit to agree for, without making any entry thereof as is before 
directed, and that the said commissioners may Ictt or fanne the excise 
or part thereof to any person or persons in any county, town or place 
within this province, for the best profit and advantage of the publick 
that they can, for the year ensuing. And the said commissioners, by 
themselves or their lawful substitute, may sue for and recover in any 
of his majestie's courts of record, or before any justice of the peace, 
where the matter is not above his cognizance, any sum or sums of 
money that is or shall grow due for any of the aforesaid duties of 
excise, where the party or parties from whom the same is or shall grow 
due, shall refuse or neglect to pay the same. 

And he it further enacted hy the authority aforesaid^ 

[Sect. 14.] That from and after the said twenty-ninth day of June, 
in this present year one thousand six hundred ninety-seven, during the 
continuance of this act, there shall be paid by the masters or owners, 
respectively, of all merchant ships or other vessels whatsoever (except 
boats imployed for the fetching of wood, timbei-, stones or fish to be made 
use of and sj^ent in the place only), that shall sail from any port, haven, 
river or creek within this province, the sum of twelvepence per ton for 
every ton such ship or other vessel doth measure, according to her 
dimensions by the rule hereafter mentioned, for every time such ship 
or vessel shall go forth. And that the master of every \sucli\ ship or 
other vessel above twelve tons, coming into any jDort or jjorts of this 
province to trade or traffick, the major part of the owners whereof are 
not belonging to this province, shall (over and above the before men- 
tioned du.ty of twelvepence per ton), every voyage they make, pay 
twelvepence per ton more, or one pound of good and new gunpowder 
[o/] [for] every ton such ship or vessel is in burthen according to the rule 
of measuring hereafter set down and expressed, to be imployed for the 
supply of his majesty's castle and forts within this province ; which 
payments respectively are to be made unto the said commissioner for 
impost, his deputy or deputies, who on receipt thereof shall give a cer- 
tificate that the said duty is paid, and such certificate to be produced 
and dehvered unto the naval ofiicer, before he grant any clearing for 
such ship or other vessel : promded, nevertheless^ that no coasting ves- 
sels within this province, or vessels arriving from the province of New 
Hampshire, the colonies of Connecticut or Rhode Island, the provinces 
of New York, or East or "West Jersey, shall be obliged to pay the said 



[1st Sess.] Province Laws. — 1697. 275 

sum of twelvepence per ton first mentioned more than twice in the 
year. 

And for the better ascertaining the tminage of any ship or other 
vessel liable to the duty aforesaid, — 

-Be it enacted by the authority aforesaid^ 

[Sect. 15.] That the tuimage of such ship or other vessel shall be Ju^/fn^^tonnTge. 
computed by the breadth at the main beam within board, the depth to 
be accounted halfe the said breadth, and the length three times so 
much as the breadth, after the usual manner of midtiplying and dividing 
the product by one hundred ; and every master or owner of such ship or 
vessel, before any ladeing be taken on board her, shall give an accompt, 
under his hand, of her dimensions as aforesaid unto the said commis- 
sioner, his deputy or deputies ; and if such officer does apprehend and 
suspect that the accompt given is short of the true dimensions, the said 
officer repairing unto one of the next justices of the peace, such jus- 
tice shall and hereby is impoAvred to grant his warrant to some able 
ship-carpenter, requiring him to repair on board such ship or other ves- 
sel, and to measure the same in manner as is before expressed, and to 
make his report thereof unto the said commissioner, his deputy or dep- 
uties ; and such justice is further impowred to adminstcr an oath unto 
the measurer to deale truly and faithfully tlierein ; for which warrant 
and oath adniinstred there shall be paid unto the justice two shillings ; 
and the measurer, for his service, shall have and receive the sum of five 
shillings ; all which charge shall be paid by the master or owner before 
such ship or vessel be cleared, where the master or owner is found to 
have given a short accompt of the dimensions, if otherwise, by the 
officer for managing the impost-office, who is allowed to bring such 
charge to accompt of the publick. 

And be it further enacted by the authority aforesaid, 

[Sect. 1G.] That there be one fit person, and no more, nominated Commissioners 
and appointed by this court as a commissioner and collector, to have 
the general inspection, care and management of the said office of 
impost and tunnage of shipping, and whatsoever relates thereunto ; and 
that there be three fit persons, and no more, nominated and appointed 
by this court as commissioners and collectors, to have the general 
inspection, care and management of the said excise office, and whatso- 
ever relates unto the same, which commissioner and commissioners, 
respectively, shall receive commission for their said respective offices 
from the governour or commander-in-chief for the time being, with 
authority to nominate, appoint, imploy and impower such and so many 
officers under him and them respectively, as, with the advice of the 
treasurer for the time being of this his majestie's province, he and they 
shall think necessary for the well-ordering and managing of the affiiirs 
relating to each of the said offices, and the better to prevent frauds, and 
to grant them warrants for executing of the same ; and the said com- 
missioner and commissioners, resioectively, and all other officers under 
him and them, before their entring upon the execution of their respec- 
tive offices, shall be sworn to deal truly and faithfully therein ; which 
said commissioner and commissioners, respectively, shall keep fair 
bookes of all entries and duties arising by virtue of this act, and the 
same to lye open at all seasonable times to the view and perusal of 
the treasurer and receiver-general of this province, with whom they 
shall also accomj^t for all collections and payments, and pay in all such 
moneys as shall be in his and their hands, as the treasurer shall demand 
it. And the commissioner for impost and tunnage of shipping, and 
commissioners for excise shall have and receive siich sum and sums as the 
general assembly shall think fit to allow him and them respectively, for 
their labour, care and expences in said affiiir. All other officers imployed 
\mder the said commissioner and commissioners respectively, to be paid 



276 



Province Laws. — 1697. 



[Chap. 4.] 



Farmers of the 
excise alike 
empowered as 
the commis- 
sioners. 



Penalties and 
forfeitures, how 
to be recovered 
and disposed. 



foi" tlicir service as he and they, with the treasurer, shall agree, upon 
reasonable terms ; and all and every such person and persons to whom 
the said excise, or any part thereofj shall be let or farmed by the said 
commissioners, and the officers which they shall imploy under him or 
them, shall have, use and exercise all such powers and authorities as in 
and by this act is given, granted or committed unto the said commis- 
sioners and their underofficers, for the better collecting said excise and 
preventing frauds. 

A?id be it further enacted hy the authority aforesaid, 
[Sect. 17.] That all penalties and forfeitures accruing or arising by 
virtue of this act, or any clause or article therein contained, shall be 
one-halfe to his majesty, for the uses and intents for which the afore- 
mentioned duties of impost, excise and tunnage of shipping are granted, 
and the other halfe to him or them that shall seize, infoiTne and sue for 
the same, by action, bill, plaint or information, in any of his majesty's 
courts of record, wherein no essoign, protection or wager of law shall 
be allowed, the whole charge of prosecution to be taken out of the 
halfe belonging to the informer : promded, that this act shall continue 
in force for the space of one whole year from and after the said twenty- 
ninth day of June, in this present year, one thousand six hundred ninety- 
seven, and no longer. \_Passed June 18 ; published June 19. 



CHAPTER 4. 



AN ACT RELATING TO TOWN KATES OR ASSESSMENTS. 

Whereas divers constables and collectors of town rates or assess- 
ments are defective and negligent of their duty, in not timely paying 
of the same, as by the warrants or estreats to them committed they are 
requii-ed ; for redress whereof, — 

Be it enacted by the Lieutenant- Governour, Council and JRepresenta- 
tives in Generall Court assembled, and by the authority of the same, 
Constables or That the constablcs or collectors within the severall townes in this 
towrfrates not proviucc who havc had or hereafter shall have any rates or assessments, 
ac^counts^iiere- ^^^ ^^® defraying of towne charges, orderly made and committed unto 
of by the time them to collcct, the accompts and payment whereof are not issued, or 
wan-ants'to^be'^ that att any time or times hereafter shall not pay in and issue their 
liable to suit, accompts thereof with the treasurer of such towne, or other person 
appointed by the selectmen to be a receiver of the same, by the time 
prefixt in the warrants to them respectively given for the collecting and 
paying in thereof, or within the space of one month next after the expi- 
ration thereof, every such defective constable or collector shall be lyable 
to the action or suite of the treasurer or receiver of such towne ; and 
such treasurer or receiver is hereby impowred and authorized to sue for 
and recover all such rates and assessments, or any arrears thereof, of 
and from the constables or collectors respectively to whome the same 
were committed, and that have or shall neglect their duty in that 
regard, by action, bill, plaint or infomiation, in any of his majestie's 
courts of record ; any law, usage or custome to the contrary notwith- 
standing. \_Passed and published June 19. 



[1st Sess.] Province Laws.— 1697. 277 

CHAPTER 5. 

AN ACT TO RESTRAIN THE EXPORTATION OF PROVISIONS. 

To the intent that his majesty's service be not disappointed for want 
of necessary provisions for the victualUng and subsisting of seamen and 
souklicrs that are or shall be hnployed "therein, provisions being very 
scarce in these parts by reason of the two last harvests failing, — 

I]eit enacted hr/ the Lieutenant- Governour, Council and Represen- 
tatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That, from and after the publication of^ this act, during 
the continuance of the same, no beef, pork nor grain of any sort, bisket 
or flower shall be exported out of this province by land or water, nor 
be laden or put on board any ship or other vessel, or into any carriage 
with intent to be exported or carried out of the province by land or 
water (other than what shall be for the necessary victualling of outward 
bound ships or vessels, having first obtained licence from the governour 
and council for the same), on pain of foiieiting all such beef, pork and 
grain of every sort, bisket and flower so laden or found on board any 
ship or other vessel, or put into any carnage, or the value thereof; one 
moiety to the selectmen or overseers of the poor in the town or place 
where the same shall be seized, to the use of the poor there, and the 
other moiety to him or them that shall inform or sue for the same in 
any of his majesty's courts of record. 

[Sect. 2.] And all ofticers imployed for the entring and clearing of 
vessels, and for the inspecting and looking after the duties of impost, 
and the observance of the acts relating to trade and navigation, are 
hereby strictly commanded and required to see that this act be duely 
observed, and to make seizure of any of the species of provisions above 
enumerated, laden on board or found in any ship or other vessel, or in 
any carriage, contrary to the true intent of this act, and all other per- 
sons informing shall have the benefit of this act, saving a liberty to the 
western towns on Connecticut River to transport their provisions from 
thence to Hartford to be brought into these parts of this province : pro- 
vided, nevertheless, that it shall be in the power of the governour and 
council to grant licences to all such as shall ofier to export any of the 
sorts of provisions herein before mentioned to Newfoundland for the 
supply of his majesty's forces there ; such persons giving sufiicient bond 
to carry the said provisions to Newfoundland, for the occasion aforesaid, 
and to no other place whatsoever. And also to grant licence for pro- 
visions to be exported to the province of New Hampshire for his 
majesty's service there. 

.Provided, also. That this act shall continue in force until the twen- 
tieth day of September, next ensuing, and no longer. [Passed and 
published June 19. 



CHAPTER 6 



AN ACT FOR GRANTING UNTO HIS MAJESTY A TAX UPON POLLS AND 

ESTATES. 

We, his majesty's loyal and dutiful subjects, the representatives of 
this his majcstie's province of the Massachusetts Bay in New England, 
convened in general assembly, for and toAvards the support of his 
majesty's castle upon Castle Island near Boston ; for the subsisting and 
paying of wages to seamen and souldiers, and payment for vessels' hire 
that have been, are or shall be here taken up and imployed in his 



278 Province Laws.— 1697. [Chap. 6.] 

majestie's service, for the defence of this his province, and for the vig- 
orous prosecution of the war against his majestie's enemies ; for the 
equipping and maintaining of the province gaily and fire-ship ; for the 
IDrocuring of ammunition and other stores of war ; for the payment of 
such salaries, grants and allowances as have been or shall be made by 
the general court or assembly ; and all such allowances and payments as 
are or shall be directed by any act of this province, to be paid out of 
the publick treasury for the support of the government, and answering 
of the incident and contingent charges thereof, and for no other ends 
or intents whatsoever ; do unanimously grant unto his most excellent 
majesty a tax of four thousand seven hundred and nineteen pounds, in 
money, to be levied upon polls and estates both real and personal, 
within the said province, as in and by this present act for the manner 
and proportion thereof is directed and set forth. 

A?id he it enacted hy the Lieutenant- Governour, Council and Hepre- 
sentatives in General Court assembled, and by the authority of the same, 

[Sect. 1.] That the treasurer do seasonably send out his waiTants, 
directed unto the selectmen, trustees or assessors of each respective 
town or precinct within this province, requiring them to assess the 
sums herein set and proportioned unto such town or precinct, upon all 
rateable male polls above the age of sixteen years (except elders of 
churches, settled ministers, the president, fellows and students of Har- 
vard Colledge, grammar-school masters, and such who, through age, 
infinnity or extream poverty, in the judgment of the assessors, select- 
men or trustees, are rendred incapable to contribute towards publick 
charges), and upon all estates, both real and personal, lying within the 
limits and bounds of such town or precinct, and next unto the same 
(not paying elsewhere), in whose hands or occupation soever the same 
shall be found, in just and equal proportion, as near as may be, accord- 
ing to their best judgment and discretion, making no difference as to 
the sum set upon j^olls ; all Indian, molatto and negro servants to be 
estimated as other personal estate ; and to make a fair list of the assess- 
ment of said sum upon the polls and estates within such town or jn-e- 
cinct, therein setting forth what each particular person is to j^ay towards 
the same, against his or her name respectively. And the said list, so 
perfected and signed by them, the said selectmen, trustees or assessors, 
or the major part of them, to commit to the collector, constable or con- 
stables of such town or precinct, as also to return a certificate of the 
name or names of such collector, constable or constables, together with 
the sum total of the list, to each of them respectively committed, unto 
the treasurer some time before the last day of August next ensuing. 
And the treasurer, upon receipt of such certificate, is hereby impowred 
and ordered to issue forth his warrant to the said collector, constable 
or constables, requiring him or them resjiectively to collect the sum 
total of the said list, and to pay the same into the treasury, and issue 
the accompts thereof with himselfe, or his successors in said ofiice, at 
or before the last day of October next following. And the treasurer is 
hereby also directed to send his aforesaid warrants inclosed to the 
sheriffe or marshal of each respective county, who is hereby required 
immediately to disperse and transmit the same unto the selectmen, 
trustees, assessors, constables or collectors of the several towns and 
precincts, according to the direction [s] thereof; and for his said service, 
charge and expences therein, shall have a reasonable allowance ordered 
him by the court of quarter sessions in such county, out of the county 
treasury, upon his laying the accompt thereof before them. 

And be it further enacted by the authority aforesaid, 

[Sect. 2.] That each town and precinct within this province shall 
be assessed and pay as its proportion to this present tax the sum[s] 
hereafter following ; that is to say, — 



[1st Sess.] 



Province Laws. — 1697. 



279 



IN THE COUNTY OF SUFFOLK. 

Boston, nine hundred and ten pounds, 
Roxbury, seventy-eight pounds, 
Dorchester, one hundred and ten pounds, 
Milton, forty-six pounds ten shillings, 
Brantrey, seventy-eight pounds, 
Weymouth, fifty pounds, 
Hingham, seventy-eight pounds, 
Dedham, fifty-eight pounds ten shillings, 
Medfield, forty-two pounds, . 
Wrentham, twelve pounds, 
Mendon, nine pounds, 
Hull, twenty-five pounds, 

IN THE COUNTY OF ESSEX. 

Salem, two hundred pounds, . 

Ipswich, two hundred and fifteen pounds, 

Newbury, one hundred and fifty pounds, 

Salisbury, thirty-four pounds, . 

Aimsbury, twelve pounds, 

Haverhill, thirty-six pounds, . 

Andover, fifty-three pounds, . 

Bradford, eighteen pounds, 

Topsfield, thirty-six pounds, . 

Marblehead, eighty pounds, 

Lynn, eighty-four pounds, 

Wenham, forty pounds, . 

Beverly, sixty pounds, 

Glocester, thirty-nine pounds, 

Manchester, nine pounds, 

Rowley, fifty-foure pounds 

Boxford, thirty pounds, . 

IN THE COUNTY OF MIDDLESEX 

Charl[e]stown, one hundred and forty pounds, 

Cambridge, ninety-five pounds, 

Watertown, one hundred thirty-one pounds, 

Newto[io]n, fifty-two pounds,. 

Sudbury, sixty pounds, . 

Marlborough, forty pounds, 

Medford, eighteen pounds, 

Ma[u]lden, forty-five pounds, . 

Woob[o]urn[e], seventy-two pounds, 

Reading, fifty pounds, 

Billerica, twenty-five pounds, . 

Chelmsford, thirty-five pounds, 

Concord, seventy pounds, 

Stow, six poimds, .... 

Groton, sixteene pounds, 

Lanc[Ae][a]ster, thirteene pounds, . 

Sherbo[?<]rn[e]), twenty-fire pounds, 

Framingham, eight pounds, 

IN THE COUNTY OF HAMPSHIKE 

Springfield, fifty-three pounds, 
Northampton, fifty-one pounds, 
Hadley, thirty-six pounds, 
Hatfield, thirty-one pounds, 
Southfield, tenn pounds, 



£910 05. Od. 

78 

110 

46 10 

78 

50 

78 

58 10 

42 

12 

9 

25 



200 

215 

150 

34 

12 

36 

53 
18 
36 
80 
84 
40 
60 
39 

9 

54 
30 



140 

95 

131 

52 

60 

40 

18 

45 

72 

50 

25 

35 

70 

6 

16 

13 

25 

8 



53 

51 

36 

31 

10 



280 



Province Laws. — 1697. 



[Chap. 6.] 



Westfiekl, nineteene pounds, £19 Os. Oc7. 

Enfield, three pounds, 3 

IN DUKES COIINTT. 

Edgartown, twenty-two pounds, 22 

Tisbuiy, fourteen pounds, . . . . . . 14 

Chilmark[e], fourteen poimds, 14 

Nantuckett, fifty pounds, 50 

IX THE COU?<rTY OF Pl[ r][l]MOIJTH. 

Pl[y][i]mouth, fifty-five pounds, 55 

Situate, eighty pounds, 80 

Marshfield, forty-three pounds, 43 

Duxb['?«'y][or6], thirty-nine pounds, . . . . 39 

Bridge water, thirty-seven pounds, 37 

Middlebor[o!^^^][6], thirteene pounds, . . . . 13 

IX THE COUNTY OP BARNSTABLE. 

Barnstable, sixty-five pounds, 65 

Yarmouth, forty-one pounds, 41 

Eastham, forty-two pounds, 42 

Sandwich, fifty pounds, 50 

Falmouth, twelve pounds, 12 

Manamo[?'i5][y], twelve pounds, 12 

Rochester, eight pounds, . . . . . . 8 

Harwich, twenty pounds, 20 

IN THE COUNTY OF BRISTOL. 

Bristol, thirty-five pounds, 35 

Taunton, sixty-five pounds, 65 

Dartmouth, sixty pounds, 60 

Freetown, eight pounds, 8 

Rehoboth, fifty-one pounds, 51 

Swan[s][z]ey, forty-eight pounds, 48 

Little Compton, thirty-eight pounds, . . . . 38 

Tiverton, twelve pounds, 12 

Attleborough, eight pounds, . . • . . . 8 

IN THE COUNTY OF YOEK[e]. 

York[e], three pounds, 3 

Wells, three pounds, 3 

Kittery, twenty pounds, 20 

And be it further enacted hy the authority aforesaid^ 
[Sect. 3.] That the selectmen or trustees in each and every of the 
respective towns and precincts before mentioned shall be the assessors 
of the same for the sum proj^ortioned and set ujDon them in and by this 
act, and shall take the oath following ; that is to say, — 

You, A. B., being an assessor for the town of C. for this present tax, do swear 
that in the discharge of said trust you will deal impartially and equally tlierein, 
in proportioning the sum to be assessed upon the said town, after the best of your 
discretion and judgment. So help you God, &c. 

"Which oath the toAvn clerk of each town or precinct, when there is 
no justice of the peace, is hereby impowred to administer. And if in 
any of the tOAvns, precincts or places above mentioned, there are no 
selectmen or trustees, the inhabitants thereof are hereby required forth- 
with to choose selectmen or assessors for the proportioning and assessing 



[1st Sess.] Province Laws.— 1697. 281 

the sum in and by this act set upon such town, precinct or place, who 
shall also take the oath above mentioned. And every assessor attend- 
ing the service aforesaid shall be paid by the town treasurer, or out of 
the town stock, two shillings i^r dietn for each day he necessarily 
attends said service. 

And he it further enacted by the authority aforesaid, 

[Sect. 4.] That if the selectmen or assessors of any town or pre- 
cinct shall neglect or refuse to perform the service required of them by 
this act, they shall pay the sum herein before set and proportioned upon 
such town or precinct, to be levied by distress and sale of the estates, 
real or personal, of such defective assessors, by warrant from the treas- 
urer directed to the sheriff or marshal of the county in which such town 
or precinct lies ; and for want of estate their bodies to be taken and 
imprisoned until they pay the same. And all sheriffs, constables or 
collectors failing of performing the duty and service of them respec- 
tively hereby required, shall be liable and subject unto the like pains, 
penalties and forfeitures, to be prosecuted and recovered of them in the 
same way and manner as in and by any act or acts of the general assem- 
bly, or any clause, branch or article thereof are set, declared and pre- 
scribed. 

And he it further enacted hy the authority aforesaid, 

[Sect. 5,] That the assessors in each town or precinct shall assess 
the estates lying within the same by one general rule as near as may 
be ; and if any person shall be agrieved at the sum set upon him as his 
proportion towards this tax, such person making application unto the 
assessors and demonstrating that he is rated more than his proportion 
to the sum set upon their town, said assessors [shall] ease him, and if 
they refuse so to do, then the person agrieved, complaining unto the 
next general sessions of the peace within that county, and making 
ai)pear that he is assessed more than his proportion as aforesaid, shall 
be heard and relieved by the justices in said sessions, and be reimbursed 
out of the town treasury so much as they shall see cause to abate him. 

And for the better enabling the treasurer to enforce the bringing in 
the moneys herein gi'anted, — 

J5e it enacted hy the authority aforesaid, 

[Sect. 6.] That the treasurer be and hei*eby is impowred to take, 
use and exercise as well all such rules, directions, powers and authori- 
ties as have heretofore been given him in and by any act or acts of the 
general assembly, or in any clause, branch or article thereof, as in and 
by this present act, for the obtaining and drawing into the treasury the 
money herein granted, as fully and effectually as if the same directions, 
powders and authorities had herein been again particularly recited and 
re-enacted, and notwithstanding any limitation or restraint thereof in 
or to the particular act or acts wherein the same are enumerated, set 
down and expressed. \_Passed June 16 ; puhlished June 19. 



CHAPTER 7 



AN ACT FOR THE FURTHER CONTINUING OF THE ACT FOR WRITTS AND 

PROCESSES. 

Be it enacted and declared hy the Lieutenant- Governour, Council and 
Representatives in Genercd Court assemhled, and hy the authority of 
the scon e, 1602-3, chap. 36. 

[Sect. 1.] That the act entituled "An Act for the establishing of The act for 
presidents and formes of writts and processes," and all and singular'the pVJces'^e^con- 
formes, articles, clauses, matters and things therein contained, "with the tinued. 

36 



282 



Province Laws. — 1697. 



[Chap. 8.] 



Writs to bear 
the style of the 
king, and to be 
issued in his 
name only. 

SeelC98,ch.4, 
note, post. 



Continuance of 
writs. 



Concord court 
adjourned. 



alterations and amendments heretofore made, and such other as are 
hereinafter mentioned, be and hereby are further revived and continued 
to abide and remaine in full force and virtue untill the tenth day of 
December next ensuing, and no longer : lyrovided., nevertheless^ that all 
writts and processes shall bear the stile of the king, and be issued in 
his name only. 

Promdec\ also, that the words "forty pounds sterling" in the precept 
to be issued by the sheriffs or marshals respectively for electing of 
rei^resentatives to serve in the generall assembly be and hereby are 
altered; and that the words "fifty pounds sterling" be inserted instead 
thereof in the said precepts to be hereafter issued, any foi-mer law, 
usage or custom to the contrary notwithstanding. 

And be it further declared and enacted by the authority aforesaid, 
[Sect. 2.] That all pleas, writts, actions, suits, recognizances, 
plaints, processes, precepts and other things whatsoever that were or 
are returnable, had or have day or dayes in any of the inferiour courts 
of common pleas or courts of generall sessions of the peace within this 
province, or in the superiour court of judicature, court of assize and 
generall goal delivery, not yett determined, shall be and are hereby 
revived and continued to abide and remaine in full force and virtue, the 
act for establishing of courts since anew made notwithstanding ; and 
all partys haveing day by any such pleas, writts, bills, actions, suits, 
plaints, process, precepts or recognizances at or in any of the said 
courts shall respectiA'cly appear at such court, under the penalty of for- 
feiting any obligations or recognizances conditioned for the apjicarance 
of the said parties at such court, or under any other penalty that might 
have incurred upon the said parties for not appearing at the said court, 
the said act for establishing of courts since ancAV made notwithstanding : 
•provided, that the court of general sessions of the peace, and inferiour 
court of common pleas to have been holden at Concord, for the county 
of Middlesex, on the second Tuesday of this present month of June, 
and was adjourned unto Tuesday, the twenty-second day of the same 
month, be and hereby is further adjourned unto the second Tuesday in 
July next, then to be held and kept for this time. [ Passed and pub- 
lished Ju7ie 19. 



CHAPTER 8. 



Justices of the 
peace to grant 
summons, 
capias or at- 
tachment for 
matters triable 
before them. 



Fee for a writ 
and serving. 



AN ACT IMPOWRING JUSTICES OF THE PEACE TO DECIDE DIFFERENCES 
NOT EXCEEDING FORTY SHILLINGS. 

J3e it enacted and ordained by the Lieutenant- Governour, Council 
and Representatives convened in Genercd Assembly, and it is hereby 
enacted and ordained by the authority of the same, 

[Sect. 1.] That all manner of debts, trespasses and other matters, 
not exceeding the value of forty shillings (wherein the title of land is 
not concerned), shall and may be heard, tryed, adjudged and deter- 
mined, by any of his majestie's justices of the peace within this prov- 
ince, in their respective precincts, who are hereby impowred, upon 
complaint made of any such debt[s], trespass or other matter, as afore- 
said, to grant summons, capias or attachment against the party com- 
plained of, directed to the sheriiF or marshal of the county, or either 
of their deputies, or constables of the town wherein such party lives ; 
for which summons, capias or attachment the justice shall be paid one 
shilling, and the ofiicer for serving the same one shilling, and no more. 
And in case of non-appearance upon summons duely served, being so 



[1st Sess.] Province Laws.— 1697. 283 

returned by the officer, such justice may issue out a warrant of con- 
tempt, directed to the sheriff", or marshal, or other officer, as aforesaid, 
to bring the contemner before him, as well to answer the said contempt 
as the plaintiff''s action, and may (if he see cause) fine such contemner Fine for con- 
not exceeding ten shillings, to be accounted for to the treasurer of the appear^g upon 
county towards defraying of county charges; and after judgment given summons, 
in any case, may grant an execution or Avarrant of distress, directed to 
the sheriff", [or] marshal or other officer as aforesaid, to levy the said fine, 
debt or damage, with charges upon the defendant's goods or chattels. 
And such officer, by virtue thereof, shall expose the same to sale, 
returning the overplus (if any be) to the defendant, and for want of 
such distress, to take the body of the defendant, and him to carry and 
convey to the common goal of the county or precinct, there to remain 
until he hath satisfied the said fine, debt or damage, with charges. 
And in case such complainant be nonsuited, or judgment jiass against 
him, then the said justice is hereby impowred to assess to the defend- 
ant reasonable costs against such complainant, to be levied and recov- 
ered in manner and form above expressed : provided, ahcays. that all Writs to be 
summons, capias or attachments before such justice of the peace shall days before 
be served and executed at least seven days before the time of tryal or *"'^'- 
hearing. 

Provided, also, that the party agrieved sliall have liberty to appeal ^"jp^^'glf^ ^ 
to the next inferiour court of common pleas to be holden for the pcaitotue 
same coimty, he entring into recognizance, with one sufficient surety, i'Massf458"'^*' 
in the value of the debt or damage sued for, and sufficient to answer note. 
all costs, to prosecute the said appeal there with effect, and to abide ^^^' 
the order of [the'] said court, where such case shall be tryed and receive 
a final issue and determination. 

[Sect. 2.] And the party appealing shall bring the copies of the ?arty appeal- 
whole case to the courts ajipealed to, where each party shall be allowed tuf whole case, 
the benefit of any further plea or evidence ; and if, upon such new plea 
or evidence, the judgment happen to be reversed, the appellant shall 
have no costs granted for the first tryal ; and such appellant shall also Reasons of ap- 
give in the reasons of his appeal unto the justice appealed from, in fn sev'eu dlyV 
writing, seven days inclusively before the sitting of the court appealed before the trial, 
to. And all justices are hereby required to keep fair records of all 
their proceedings from time to time. 

And be it further enacted by the authority aforesaid, 

[Sect. 3.] That the clerk of any toAvn within this province, may Clerks of towns 
and hereby is impoAvred to grant replevins, summons or attachments in,^&cf * "^^^ ^^' 
for any matter or cause tryable before any justice of the peace, and 8 Alien, 40i. 
summons for witnesses, and to direct the same to the constables of such 
toAvn, or to the party to be summoned for witness respectively ; and 
the constable or constables are hereby required to execute such replev- 
ins, summons or attachments accordingly, and to make due return 
thereof. [Passed June 18 ; jmblished June, 19. 



CHAPTER 9. 

AN ACT FOR ESTABLISHING OF COURTS. 



For tlie establishment of courts of justice throughout this proA'ince, Disallowed by 
as well in respect of the times and places for holding of the same as cn*^ ^oV ^'a" '^* 
for the orderly regulating the proceedings therein, — 1698. 

Be it enacted and ordained by the Lieutenant-Qovernour, Council see 1692-3, 
and Pepreseiitatives convened in General Assembly, and it is hereby chap. 33. 
enacted and ordained by the authority of the same^ 



284 



Province Laws. — 1697. 



[Chap. 9.] 



Times and pla- 
ces for holding 
of the general 
sessions of the 
peace. 



Times and 
places for 
holding infe- 
rior courts of 
pleas. 



Appeals al- 
lowed to the 
superior court. 



Liberty of re- 
view in eigh- 
teen months 
next, and not 
afterwards. 

Review in the 
inferior court. 



Writ of error 
afterwards. 



Party appealing 
or taking out a 
writ of error to 
give security. 



[Sect. 1.] That there shall be held and kept in each respective 
county within this province, yearly, at the times and places hereafter 
named and expressed, a court of general sessions of the peace, by the 
justices of the jDcace of the same county, or so many of them as shall 
be limited in the commission for the peace, who are hereby impowred 
to hear and deteiinine all matters relating to the conservation of the 
peace, and punishment of offenders, and whatsoever is by them cogni- 
zable according to law, and the times and places for the holding and 
keeping the said courts within the respective counties, shall be as fol- 
lowetli ; that is to say, for the county of Suffolk, at Boston, on the first 
Tuesdays in July, October, January and April; for the county of 
Essex, at Salem, on the last Tuesdays in June and December, at New- 
bury, on the last Tuesday in September, and at Ipswich, on the last 
Tuesday in March ; for the county of Middlesex, at Cambridge, on the 
second Tuesday in September, at Charl[e]stown, on the second Tuesday 
in December and March, and at Concord, on the second Tuesday in 
June; for the county of Plimouth, at Plimouth on the third Tuesdays 
in September, December, March and June ; for the county of Barn- 
stable, at Barnstable on the first Tuesdays in July, October, Jantiary 
and April ; for the county of Bristol, at Bristol on the second Tuesdays 
in July, October, January and April ; for the county of York, at Wells 
on the first Tuesday in July, and at York on the first Tuesday in Jan- 
uary ; for the county of Ham [p] shire, at Northampton on the first Tues- 
day in September, and at Springfield on the first Tuesday in March ; 
for Dukes County, at Edgartown on the first Tuesday in October, and 
on the last Tuesday in March ; and for the Island of Nantucket, at said 
island on the first Tuesday in October, and on the last Tuesday in 
March yearly, from time to time. 

And be it further enacted hy the authority aforesaid, 
[Sect. 2.] That at the times and places before mentioned, there 
shall be held and kept in each of the said respective counties, and Island 
of Nantucket, an inferiour court of common pleas, by four of the jus- 
tices of and residing within the same county, and island, respectively, 
to be appointed and commissionated thereto, any three of whom to be 
a quorum, for the hearing and determining of all cIatlI actions arising or 
happening within the same, tryable at the common law, of what nature, 
kind or quality soever, and upon judgment given therein to award 
execution. 

And he it further enacted hy the authority afwesaid, 
[Sect. 3.] That it shall be in the liberty of the party agrieved at 
any judgment given in any of the said inferiour courts, to appeal there- 
from unto the next superiour court to be held within or for the same 
county; and upon judgment given at the said superiour court upon such, 
action of appeal it shall be lawful for either party apjoellant or defend- 
ant, within the space of eighteen months next after such judgment 
given, and not afterwards, to review such action by process out of the 
same court once, and no more, the case upon such action of review to 
be finally issued and determined ; or otherwise the party agrieved at 
any judgment given in any of the said inferiour courts may, by a new 
process, once and no more, \to'\ review the said case in the same court 
where it was first tryed, and within the space of one year next after 
judgment given upon such tr^^al by review, the party agrieved may 
bring his writ of error for a tryal of the said case at the superiour 
court to be held within or for the same county, there to receive a final 
issue and determination : provided, that the party appealing or bring- 
ing any writt of error as aforesaid, shall first enter into recognizance, 
with sufiicient sureties, if upon appeal, before one or more of the justices 
of the court appealed from, in a reasonable sum, that he will prosecute 
such aj)peal with effect ; and if ujjon a writ of error, before one or more 



[1st Sess.] Province Laws. — 1697. 285 

of the justices of the superiour court, in the value of the debt or dam- 
age recovered, that he will prosecute such writ of error with effect and 
abide the order of the court thereupon. 

Provided^ also, that no appeal shall be admitted after the time of the ^{.fg^^i^ ^% 
court's sitting, nor after execution granted, and that the party appealing the court's sit- 
shall bring copies of the whole case unto the superiour court appealed tion'cranfed"' 
to, where each party shall be allowed the benefit of any new and farther 
plea and evidence ; and if upon such new pica and evidence the judg- 
ment happen to be reversed, the aji^^ellant shall have no costs granted No costs grant- 
him for the first tryal ; and further, that every aj^jpellant as aforesaid tri.ai"wherethe 
shall give in a declaration briefly setting forth the- reasons of his appeal judgment is re- 
unto the clerk of the court appealed from, fourteen days, inclusively, pfeaOT evi-"^*^^ 
before the sitting of the court where such apj^eal is to be tryed. cience. 

Atid be it further enacted hj the authority aforesaid, 

[Sect. 4.] That there shall be a superiour court of judicatui-e, court Superior court 
of assize and general goal delivery, over this whole province, to be held and'court'o/ 
and kept, annually, at the respective times and places hereinafter men- assize, 
tioned, by one chief justice and four other justices to be appointed and 
commissionated for the same, any three of whom to be a quorum, who 
shall have cognizance of all pleas, real, personal or mixt, as well in all 
pleas of the crown, and in all matters relating to the conservation of 
the peace, and punishment of offenders, as in ci\Til causes or actions 
between party and party, and between his majesty and any of his sub- 
jects, whether the same do concern the realty, and relate to any right 
of freehold and inheritance, or whether the same do concern the per- 
sonalty, and relate to matter of debts, contract, damage or personal 
injury, and also in all mixt actions which concern both realty and per- 
sonalty ; and after dehberate hearing, to give judgment and award 
execution thereon. 

And be it further enacted by the authority aforesaid, 

[Sect. 5.] That the justices in any of the courts aforesaid, where Po^er to chan- 
the forfeiture of any penal bond shall be found, shall be and are hereby auy penal bond, 
impowred, in the entring up of judgment in such case, to chancer the 
same unto the just debt and damages : provided, alicays, that when Liberty of ra- 
the original j^rocess in civil causes is made out of the superiour court, pjfri^j'court!'^" 
the party agrieved at the judgment thereon given shall have liberty to 
revicAV his case in the said superiour court once and no more, and that 
all persons which shall bi'ing any action of review to the superiour or 
inferiour court respectively shall lay the whole case before the court 
where such action of review is to be tryed. 

Provided, also, that either party not resting satisfied with the judg- Appeal to hia 
ment or sentence of any of the said judicatories or courts of justice in council, 
personal actions, w^here the matter in difference doth exceed the value 
of three hundred pounds sterling, may appeal unto his majesty in 
council, such appeal being made in time, and security given according 
to the directions in the charter in that behalf. 

And be it further enacted by the authority aforesaid, 

[Sect. 6.] That the said superiour court of judicature, court of JeTof iioidiu^^ 
assize and general goale delivery shall be lield and kept at the times the superior ° 
and places within the respective countys as followeth ; that is to say, ^°^^^' 
within and for the county of Suffolk, at Boston, on the last Tuesdays in 
October and April; within and for the county of Essex, at Salem, on 
the second Tuesday in November, and at Ipswich, on the third Tues- 
day in May ; Avithin and for the county of Middlesex, at Cambridge on 
the last Tuesday in July, and at Charlstown on the last Tuesday in 
January ; for the counties of Plymouth, Barnstable, Bristol and Dukes 
County, at Bristol on the second Tuesday in September, and at 
Plimouth on the second Tuesday in March. 



286 



Province Laws. — 1697. 



[Chap. 9.] 



Appeals from 
Hampshire, 
York and Nan- 
tucket to be at 
Boston or 
Charlestowu. 

Court of assize 
to be liekl in 
the said places, 
as occasion 
shall be. 



Plaintiff's lib- 
erty to begin 
his suit eitlier 
in the inferior 
or superior 
court. 



Processes and 
writs to issue 
out of the 
clerk's office. 



Such process to 
run through 
the province. 



Town clerks 
may grant sum- 
mons for wit- 
nesses. 



Judgment to 
be entered up 
upon default. 



Matters and is- 
sues in fact to 
be tried by a 
jury. 

Jurors, how to 
be chosen. 



And be it further enacted, 

[Sect. 7.] That the tryal of all civil causes by appeal, from any 
of the inferiour courts within the respective county s of York[e] and 
Hampshire, and the Island of Nantucket, or by writt of error, shall be 
in the superiour court to be held at Boston or Charl[e]stown, and that 
there be held and kept a court of assize and general goale delivery for 
the respective counties and places of York[e], Hampsliire, and the Island 
of Nantucket aforesaid, within the same, from time to time, as the gov- 
ernour and council, advising with the justices of the said court, shall 
direct and appoint, according as occasion may be. 
A7id be it further enacted by the authority aforesaid, 
[Sect. 8.] That it shall be in the liberty of any plaintiff to begin 
his suit either in the inferiour or superiour court, at his pleasure : 2yro- 
vided, nevertheless, that no action under the value of forty shillings 
shall be brought into any of the inferiour courts, nor any action under 
the value of ten pounds into the su23eriour court, unless where freehold 
is concerned, or upon appeal. 

And be it further enacted by the authority aforesaid, 
[Sect. 9.] That all processes and writts shall issue out of the 
clerk's office of the said respective courts in his majesty's name, 
under the seal of the said office, to be signed by the clerk, and directed 
to the sheriff or marshal of the county, his undersheriff or deputy, and if 
such writt or process be against the sheriff or marshal, to be directed 
to the coroner of such county, who is hereby impowred to execute the 
same ; and where the sum sued for is under ten pounds, may be also 
directed to the constables of the towne. And writts, as well original 
as judicial, issuing out of the clerk's office of the superiour or inferiour 
courts respectively, shall run into any county within this province, and 
be there executed by the officer or officers of such county to whom 
they are directed : 'provided, nevertheless, that the clerk of each town 
respectively within this province, as well as the clerk of the said 
respective courts, may and hereby is impowred to grant summons for 
witnesses in civil cases, directed to the party to be summoned for wit- 
ness, requiring him or them to appear at the superiour or inferiour 
court respectively. And all processes for appearance, as well in the 
inferiour court of pleas, as the suiDcriour court of judicature, shall 
be served and executed fourteen days before the sitting of the court 
wherein such writ or process shall be returnable. And all j^roper 
original processes in the said courts shall be summons, capias or attach- 
ment. And in case upon any such process duely served, and return 
thereof made into court, the defendant do not appeare, by himselfe or 
his attourney, his default shall be recorded, and judgment entred up 
against him thereupon, unless before the jury be dismist he shall come 
into court and move to have a tryal ; in which case he shall be admit- 
ted thereunto, first paying down unto the adverse party double the 
costs he has then been at so far, and the plaintiff shall make a new 
entry. 

And be it further enacted by the authority aforesaid, 
[Sect. 10.] That all matters and issues in fact arising or happening 
in any county or place within this province shall be tryed by twelve 
good and lawful men of the neighbourhood, to be chosen in manner 
following ; that is to say, that the clerk of each court respectively, in 
convenient time before the sitting of such court shall issue out warrants 
directed to the constables of the several towns within the count}*, or 
jurisdiction of said court, or the most principal of them, requiring them 
to assemble the freeholders and other inhabitants of such town, quali- 
fied as in and by his majesty's royal charter is directed, to elect and 
choose so many good and lawful men as the warrant shall direct, to 
serve as jurors at such com-t, and the constable shall summon the per- 



[1st Sess.] Province Laws.— 1697. 287 

sons so chosen, to attend accordingly at the time and place appointed, Penalty on con- 
and make timely retuni of his Avarrant imto the clerk that granted the making return 
same, on pain that every constable failing of his duty herein shall forfeit Pfj^js"^*^^^ ^°'" 
and pay as a fine unto the county treasurer for the ixse of the county 
the sum of forty shillings. And no person serving as a justice, juror, ceremony to 
witness or otherwise, shall be obliged to use any other ceremony in 3^"^^^^^^ 
taking of their respective oaths, than lifting up the hand, as has been 
accustomed. 

And be it further enacted by the authority aforesaid, 

FSect. 11.1 That the iustices of the said several courts be and are Courts to make 

11-Tx 1 1 iix-xi, necessary rules 

hereby mipowred to make necessary rules and orders tor the more and orders. 

orderly practising and proceeding in said courts : provided, they be not 

repugnant to the laws of this province, and that no summons, process, 

writt, judgment or other proceeding in courts or course of justice 

shall be abated, arrested or reversed upon any kind of circumstantial No process, 

ei-rors or mistakes, where the person and case may be rightly under- Tbat'ed °for°cir^- 

stood and intended by the court, nor through defect or want of forme cumstantiai 

* . • error* 

only. And all writts, processes, declarations, indictments, pleas, an- 
swers, replications and entries in all the said courts shall be in the ^ be^in tiie'''' 
English tongue, and no other. And it shall be in the liberty of the English tongue, 
plaintiff or defendant in any of the said courts to jDlead or defend his 
own cause in his own proper person, or with the assistance of such 
other as he shall procure, being a person not scandalous or otherwise 
offensive to this court. And attourneys' fees to be allowed at the supe- Attorneys' fees. 
riour court of judicature shall be twelve shillings, and at the inferiour 
court, ten shillings, and no more ; and but one attoumey to be paid for 
in any case. 

And be it further enacted, 

TSect. 12.1 That two shillings per diem shall be accounted due witnesses ai- 

>: r. ,. ,-^ ., /« 1 • i 1 J 1 allowances per 

satisiaction to any witness tor his travel and expences, and no more, diem. 
to be allowed in civil causes. And if such witness live within three 
miles of the place of the court's sitting wdiereto he is summoned, 
and be not to pass any ferry, then one shilling and sixpence ^:)er diem 
shall be accounted sufficient. And if any person or persons upon wdiom Penalty for 
any lawful process or summons shall be served to testify, depose or give appearing, 
evidence concerning any cause or matter depending in any of the said 
courts, and having tendred unto him or them such reasonable sums of 
money for his or their costs and charges as, having regard to the dis- 
tance of the places, is necessary to be allowed in that behalfe do not 
appear according to the tenour of the process or summons, having no 
lawful or reasonable let or impediment to the contrary, that then the 
party so making default shall, for every such offence, lose and forfeit 
forty shillings, and shall yield such further recompence to the party 
agrieved, according to the loss and hindrance that he shall sustain by 
reason of the non-appearance of the said witness or witnesses ; the said 
several sums to be recovered by the party so agrieved against the 
offender or offenders by action of debt, bill, plaint or information in 
any of his majesty's courts of record, wherein no essoign, protection 
or wager of law to be allowed. \_Passed and published Jime 19. 

" The Act entitulcd An AH for estahlisliing of Courts, providing, amongst other things, that all 
matters and issues in fact shall be trj-ed by a jury of Twelve men, has, in that particular, been 
looked upon to be directly contrary to the intention of the Act of Parliament, passed here in the 
7tii ^ gtb years of his Majesty's Reign, entituled An Act for preventing frauds and regulating 
abuses in the Plantation Trade, by which it is provided that all causes retating to the breach of 
the Acts of Trade may, at the pleasure of the Officer or Informer, be trj'ed in the Court of Ad- 
miralty, to be held in any of his Majesty's Plantations, respectively, where such Offence shall 
be committed ; Because the method of tryal in such Courts of Admiralty is not by Juries of 
twelve men, as by the forementioned Act for establishing of Courts is directed ; Upon which 
occasion we further add that it is necessary }'our Lordship take especial care that the intent of 
the forementioned Act of Parliament relating to Courts of Admiralty in the Plantations, be duly 
complied with in that Province of the Massachusetts Bay." — Letter from the Board of Trade 
to Bellomont, Feb. 3, 1698-9. 



288 Province Laws.— 1697. [Chap. 10.] 



CHAPTER 10. 

AN ACT FOR INCORPORATING HARVARD COLLEDGE, AT CAMBRIDGE, 
IN NEW ENGLAND. 

Disallowed by "Whereas there liath been for many years in the town of Cambridge, 
di! November^" i^ the county of IVIiclcllesex, within his majesty's province of the Mas- 
24, 1098. sacliusctts Bay, in New England, a society commonly known by the 

See 1092-3, name of Harvard Colledge, wliere many persons of known wortli have, 
chap. 10. by the blessing of Almighty God, been educated and the better fitted 

for pnblick employments, both in the church and in the civil state ; and 
whereas due encouragement of good literature, arts and sciences will 
tend to the honour of God, the advantage of the Christian protestant 
religion, and the great benefit of his majesty's subjects inhabiting this 
province, both in the jiresent and succeeding generations ; and consid- 
ering that many persons have bestowed legacies, gifts, hereditaments 
and revenues on the said college, — 

-Z?e it enacted and ordained hy the Lieutenant- Governour, Council and 
Representatives in General Court assembled^ and hy the cmtJiority of the 
same, 

[Sect. 1.] That the said colledge at Cambridge, in the county of 
Middlesex, aforesaid, shall henceforth be a corporation consisting of 
seventeen persons ; that is to say, a president, vice-president, fourteen 
fellows, and a treasurer. And that Increase Mather shall be the first 
president, Charles Morton, vice-president, and James Allen, Michael 
Wigglesworth, Samuel Torrey, Samuel Willard, Nehemiah Hobart, 
Peter Thachcr, John Danforth, Cotton Mather, John Leveret, William 
Brattle, Nchemiah Walter, John White, Paul Dudley, and Benjamin 
Wadsworth, masters of art, shall be the fourteen fellows, and Thomas 
Brattle, master of art, the treasurer ; all of them inhabitants within 
the said jDrovince, and the first seventeen persons whereof the said cor- 
poration shall consist ; which said Increase Mather, Charles Morton, 
James Allen, Michael Wigglesworth, Samuel Torrey, Samuel Willard, 
Nehemiah Hobart, Peter Thacher, John Danforth, Cotton Mather, John 
Leveret, William IBrattle, Nehemiah Walter, John White, Paul Dudley, 
Benjamin Wadsworth, and Thomas Brattle, and their successors, shall 
forever hereafter be one body politick and corporate in fact and name, 
to all intents and pur