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Full text of "The colonial laws of Massachusetts : reprinted from the edition of 1672, with the supplements through 1686 : containing also, a bibliographical preface and introduction, treating of all the printed laws from 1649 to 1686 : together with the Body of Liberties of 1641, and the records of the Court of Assistants, 1641-1644"

BOSTON 

PUBLIC 

LIBRARY 




TTTE 

colo:n^ial laws 



OF 



MASSACHUSETTS. 

llEinUNTED FROM THE EDITION OF 

1672, 

■fflTII THE SUri'LEMENTS THROUGH 108G. 



CONTAININ); ALSO, 



A BIELIOGEAPHICAL PREFACE AND INTRODUCTION, 

Trcatins: of all thv. l*riiittMl T^aws 
From 1(>4!) lo KiSO. 

TOGKTIIKK WITH 

THE EODY OF LIBERTIES OF 1G41, 



AND Tin: 



RECORDS OF THE COURT OF ASSISTANTS, 1641-1644. 

BY WILLIAM IL WIIITMOEE, UECORD COMMITS I OXIJJi. 



|3iil)Usf)rli iju ©rtci- of tijc (Citu (Council of Boston. 



Littleton, Colorado 
1995 



Library of Congress Cataloglng-ln-Publ Icatlon Data 



Massachusetts. 

[Laws, etc. (Colontal laws of Massachusetts)] 

The colontal laws of Massachusetts : reprinted from the edition of 
1672. with the supplements through 1686 : containing also, a 
bibliographical preface and Introduction, treating all the printed 
laws from 1649 to 1686 : together with the Body of Liberties of 
1641, and the records of the Court of Assistants, 1641-1644 / by 
Wt 111am H. Whitmore. 
p. cm. 

Originally published: Boston. 1890. 

Includes Indexes. 

ISBN 0-8377-2054-0 

1. Law — Massachusetts. I. Whitmore, William Henry, 1836-1900. 
II. Massachusetts. Court of Assistants. III. Massachusetts. Laws, 
etc. (Body of liberties). IV. Title.- 
KFM2430 1672 .A24 
348.744' 022— dc20 

[347.440822] 94-46406 

CIP 



Printed in United States of America 



Oct? at?/ ■f?£T 



The paper used in this publication meets the minimum 
ina] requirements of American National Standard for Information 
Sciences — Permanence of Paper for Printed Library Materials, 
ANSI Z39.48-1984. 



THE 

COLONIAL LAWS 



OF 



MASSACHUSETTS. 

REPRINTED FROM THE EDITION OF 

1672, 

WITH THE SUPPLEMENTS THROUGH KiSG. 

Costajnim; also, 

A BIBLIOGRAPHICAL PEEFACE AND LXTRODITTIOX, 

Treating of all the Printed Laws 
From l«4i> to 1086. 



TOGKTHKK WITH 



THE BODY OF LIBERTIES OF KUl. 



AMI riiK 



RECORDS OF THE COURT OF ASSISTANTS, 1G41-I(i44. 

BY WILLIAM H. WHITMORE, RECORD COjMMLSSIOXEh'. 



Publtsi)rt bs ©rtrr of tijc Citu (Council of Boston. 




BOS TO X.- 
ROCKWELL AND CHUUCIIILL, CITY PRINTERS. 

l.Si»0. 



TABLE OF CONTENTS. 



I'kkface .......... 

cohrections of massachusetts records, vols. i. asu ii. 
Records of Court of Assistants, 1641-1644 
Bibliographical Introductiox 

(COKTAINING ALSO, ThE BoDY OF LIBERTIES OF 1041) 

Index 

Special Introduction to Laws of 1672 

Laws of 1672 

Old Index thereto . 

Supplements, 1672-16X6 

Council Orders, 167.5-1685 

Xkw Index of Laws 



PAGES 
V-XVII 

xix-xxiv 

XXV-XLIII 

1-138 
29-68 
139-l.JO 

I -IX 

1-170 
171-11)7 
1 99-;i:J4 
335-355 
359-395 



PKKFACE. 



TiiK City of Boston has caused to be issued facsimile re- 
prints of the Colonial Laws of Massachusetts, of the two editions 
of 1(3(50 and 1(572. The reproduction of the edition of 1G72 was 
first made in 1887, and contained no Ijibliog'rapliical ]ii-eface; the 
reprint of the Laws of 1(3G0, made in 1889, contained an introduc- 
tion of 117 pages. As these two books are jirinted from electro- 
type plates, and may not improbably be re-issued from time to 
time, it has seemed best to recast the Introduction and make it 
apijlicable to either volume. 

Although the State has published the Records of the Massa- 
chusetts Colony from 1(529 to 1686, these do not supply the neces- 
sary information in regard to the laws. The entire code known 
as the Body of Liberties was enacted in 1641, but not entered on 
the Records. Again, in each Revision changes were made in 
codifying and condensing, and of course such revision superseded 
the older forms of the separate acts. Hence it is most desirable to 
have easy access to copies of the Laws of 16(50, jjecause from that 
date onward they embodied all the active general legislation. It 
must be conceded that any law of a general nature wliich was not 
included by Secretary Rawson and tlie committee in such codifi- 
cation, must be considered as repealed and null after that date. 

Owing to the scarcity of copies of the Laws of the Colony and 
Province, the Legislature, in 1812, appointed Nathan Dane, William 
Prescott, and Joseph Story a committee " at tlie exi)ense of the 
Commonwealth to collect the Cliai'ters and the ]>ublic and general 
Laws of the late Colony and Province of Massachusetts liay; 
and to add in an appendix any other docu- 
ments or laws whicli they may deem proper to explain the jurispru- 
dence of this Commonwealth." One thousand copies Avere issued at 
the public expense, and this is the volume so often quoted in deci- 
sions as " Ancient Charters and ( rcneral Laws." 

• Useful as this compilation has proved, it Avill be of necessity 



VI Preface. 

entirely superseded by recent publications. Tbe State has com- 
menced and utarly concluded the publication of all the General 
Laws of the Province from 1G92 to the Revolution, a work which 
is enriched with every kind of illustrative notes gathered by the 
industry of the indefatigable editor, A. C. Goodell. It has also 
published all of the Records of the Great and General Court and 
the Assistants, prior to 1686, carefully reproduced under the care 
of the late Dr. ]^. B. Shurtleff. Xow the City of Boston has 
supplemented these by these two volumes of Laws, viz., the Lib- 
erties of ](U1 and Revision of ]()()0, and the Revision of 1(572 and 
Supplements. 

The student will therefore have, in ])rint, everything which the 
Commissioners of 1812 had to use mainly in manuscript. One 
suggestion indeed is made with the utmost diffidence by the present 
editor. In the Preface to Ancient Charters the editors say: "A 
number of colony acts of importance, especially in a historical view 
of our laws, have been found in the original recoids, not included 
in the edition of 1()72; these have been selected and printed in this 
volume wherever found to have remained a material part of the 
colonial system." 

In other words, the committee of 1812 did not leprint either the 
edition of Laws of 1(560 or of 1(572 complete, but they made a new 
compilation with to new arrangement of chapters, and inserted such 
genei-al laws, evidently, as they considered " to have remained a 
material part of the colonial system." 

With the utmost deference to the honored memoiy of Dane, 
Prescott, and Story^ it is certain that we now know much more of 
the history of Massachusetts as a colony than Avas known in 1812. 
Such antiquaries as Farmer, Savage, Winthroj), Palfrey, Trumbull, 
Dexter, and Ellis, with the innumerable lesser historians, have added 
immensely to the true knowledge of the events of that period. 
Hence it may not be j)resumptuous to suggest that the selections 
made in 1812, even by such eminent lawy^ers, were not always wise, 
and l)y no means complete.' 



'One instance may lie cited. Tlie jirescnt cilitor, after tlie Laws of IfiTl' was issucil, re- 
ceiveil an in(|uiry ficini a prominent lawyer, a^kinj; for the reason for the omission of Section 19 of 
Chapter Will., of Ancient Charters. It will lie founil therein on p. (11, and refers to the punish- 
ment for Blaspliemy. Now, it will he fotmcl that in 1G41, Lihcrty No. 04, § 3, giive the first simple 
act pnnishiiii; hlasphemy In HiUi (liecords, II., 170-177), this Section 19 was i)asseil as printed. 
IJut in 1000 (and presnmahly in IC.llM, the Kevised Statutes cut down the act to the form printed 
as Section 3 of this very chapter in .Vnc. Char., p. 58. The editors in 1S13 reprinted the first 
Act of 1040 as well as the revised form, hut surely thereby they darkened counsel instead of aiding 
the student, who would suppose this §19 to be a diflerent and continuing statute. — W. H. W. 



Pre f (tee. VII 

During the past year the City of Boston has obtained Ibi- its 
PnbHc Library tlie famous nianuseript duplieate of the i-eeords 
of the Massachusetts General Court, fonnei'ly owned by Gov. 
Hutchinson, hiter by Col. Thomas Aspinwall, and last by Hon. 
Samuel L. 'SI. Barlow of Xew York city. Tliis acquisition has 
revived an interest in the question of the method in which our 
early official records of the legislature wei-e kept, and especially 
in the matter of the literary importance of this manuscript. 

This coj)}^ is a manuscript of J{l:3 i>agcs, beautifully written, 
the first 224 ])ages being- in the Avell-known hand-writing of 
Thomas Lechford. As he left Boston August 3, 1641, the date of 
this portion is settled approximatel3\ The manuscript begins thus: 
"A true copie of the Court booke of the Governor and Society of 
the Massachusetts Bay in Xew Elnglaud." It is therefore avowedly 
a copy, not a duplicate original, and its great value lies in the fact 
that it is a wonderfully exact cop}^, so that it can be safely taken 
as an authority for all such passages as are missing or illegil)le in 
the original record now at the State House. 

The Records i)reserved in the State House, and ])riute(l by 
Dr. Shurtleff, are contained in five volumes, but it should be noted 
that the third volume, as numbered and printed, is not part of the 
series. The periods covered b}- each, are: 

Vol. I. March, 1028-9 to Dec. 10, Kill. 

II. May 18, 1(342 to Oct. 17, Kili). 
f ly. pt. 1, May 22, 1().")0 to Dec. 1<>, 1(J()(). 

\ IV. pt. 2, May 22, 1(301 to March 11, 1(;7:{-1. 

V. May 27, 1074 to May 20, 1(38(5. 

These volumes ccmtaiu tlie i-ecord of \\w Company of the 
Massachusetts Bay previous to the removal to Xew England, be- 
ginning in February, l()28-{). The entries contiiuie along to a 
meeting at Southampton, Eng., Maich 18, l(32;)-;)0, then a Court 
of Assistants a])oard the Arbella, Mai-ch 2:5, l()29-:>0, and next 
"the first Coui't of Assistants, held at (Jharltou | /.r. Charlestown], 
August 23, l(3;iO.'" From tliat date the record was presumably 
complete. Volume 1 contains records of the General Court and 
also of the Court of Assistants, but none of the later vf)lumes 
record the proceedings of the Assistants. 

There is no reason to doubt that these volumes were kept 
officially by the Secretaries, with some clerical aid duly noted by 
Dr. ShurtlefF, and especially by Increase Xowell as to volumes 1 
and 2, and by Edward Kawson as to ^'o]umes 4 and .3. AV^e have 



vin Preface. 

a vei-}' clear statement as to the shape of our records in the letter 
of Joseph Hills, datetl in 1682, hereinafter printed, (Introduction, 
p. 127). He says that in pre])ai-ing for the printed Code of 1649 he 
consulted, ''Uhe two old books of records, the book of liberties, and 
the i>rcat book then and since in the hands of Mr. Kawson." This 
seems to bo an exact description, leaving out the lost manuscript 
Book of Libertii'S, of the existing records, vols. I. and 11., pp. 312 
and 217, respectively, and the great volume IV., of 736 2)age8. 

So again in ]().")2 it ai)iK'ars that there were "two old books of 
records belonging to the General Court" as the following order 
testifies : * — 

" Furiisiiiiicli as tlicir aiv two old bookcs of Ivi'cords belonging to the Ge- 
nerull court wlicrin are many Tliing>i involved which are of great eonccrnnient 
as well a* in liights and bounds of Lands as other material things ; which bookes 
are deeaid and very rniethodieall. as Well in finding out any Record, as allso 
in Severall cireuinstantiall ei'rors in entreing Sonic of the orders ; for Kegnlating 
whereof. 

This Court orders that a <'(>mmitte be appointed in tlie vacancy of the court 
to overlooke those two l)ook> of Ivecords atl'orsaid, and to correct all such cir- 
cunistantiall errors in woiils in them contained, but not to alter anything for 
substanc and matter ; and after the said books be viued and Corrected as before, 
then the Secrctai-y is to take care that the said bookes bee truly transcribed into 
new books of Good iia|ier, well bound, and covered with vclume or parchment, 
and margiiiall abreviats of each onler colected, an alphebeticall talilc affixed for 
finding out of all orders therein, and all due chardge for transcri|ition of the 
said bookes be duly paid luito tlie Secretary by the countrv. 

Tiie .Magistrates have past this with reference to the consent of oiu- brethren, 
the 1 )cputies. 

Jo. EXDECOTT, Gov'." 

"The Deputies thiiike meete a Comittce siiall examine all the records that 
are not extracted, alibrexiated. or conn)0sed into the bookes of the pi'inted lawes. 
and shall make amendment of all circinnstantial errors witiiout altering the 
sul)stan<'C, and jiresent the same to tlie next sessions of court which may take 
care of the transcril)ing them ; and Mr. Hill. ('apt. Johnson and the Secretary 
are desired to Joyiic with some of the magistrates as a comittce for that end. 

"Wm. Toui:ev, Cleric." 

"Tlie ^lagistrates iiave voteil Mr. ]>ellingliaiii and ^fr. Gio\er to Joyne 
with the Comitee of the Iiretliren the Deputies to serve in tiic courte of election. 

Ei>WAi:i) R\ws(iN. Secret." 
"Consented to by tlie Deputyes, 

Wm. Toiikey, Cleric." 



* r iim liTcatlv iTidi'litoiI to iiiv fiifrid. Mr. A. ('. Oooili'll. jr.. wlui kindly called my attoii- 
lioti to tlu' aliu\i' iiii|n)ftaiit tirdrr m Iiicli is iiresorA't'd in Mass. Archivos, Vol. S8, page ;iSfi. 



Preface. IX 

As to the occasion for which Lechford's copy was made, 
nothing certain is known. We may say however that it would be 
strange if no duphcate had been made, especially Avhen there was 
in Boston such an admirable scrivener, already employed in similar 
Avork, and starving for lack of it. I agree with those Avho think 
that the following entry in Lechford's Xote Book (printed p. 256) 
refers to this copy. It seems to bear date in June, 1640. 

" The Court booke at 16 d a sheete, 102 sheetos for Mr Ende- 
cott, coracth to £'6. IGs." Following this is an entry in short-hand, 
which as read by Mr. Upham, is as follows : " Money received upon 
my book as appeareth 38£, d>s, 5d, or thereabouts, beside the debts 
owing were 8£, 18s lOd. Cast 2, (o). 1640." 

It is simply incredible that Lechford should have made a sec- 
ond copy of this large manusci'ipt without an order, or that he 
should have omitted to record it in his Xote-Book. Circumstantial 
evidence is also very strong to prove the identity of the Eudecott 
copy with this Barlow one. The 102 " sheets " doubtless mean 
leaves, or 201 pages. In the Bailow copy page 204, the upper 
half, ends Avith the record of a Quarter Court, 2d day, 4th mo., 
1640. This is the month Avhen Lechford enters his charge against 
Eudecott. Then there is a break in the transcribing for seA^eral 
months, as Avill be shoAvn. Lechford resumes his Avork Avith a ncAV 
ink, finishes the last thi-ee lines of that Quarter Court recni-d, and 
adds the Assistants' Court of 31st, 5th mo. 1640, on p. 204. Then, 
pp. 205-214 are covei-ed by him, the last entrj^ being the Court of 
28th. 11th mo. 1640, or February, 1641, modern style. lie adds 
pp. 215-221, Avith miscellaneous papers. 

Mr. LTpham points out that not only Avas the ink changed, ])ut 
a noticeable change in penmanship occurs, on ]). 204. Up to that 
point Lechford made his letters "f " and long "s" with a straight 
line to the bottom. He uses the same forms in his Xote-Book; 
but in this latter book betAveen the 12th and 14th March, 1640—41, 

Althouali it has all the marks of an order duly passed by both branches of the Lejiishiture, it will 
not be found in tlie printed journals. 

The date must be Ujj2, since tliat is the only year sjiving us tlie necessary coinciilence of 
Bellinjbam and Glover as masi'tratcs. Glover served onh- in li;.")2 and IG.'i.'i, but in the latter 
year Bellingliam was deputy-Ciovernor. and ever afterwards till liiiU. except in lli.'il wlien he was 
governor. I feci sure that with the care taken in bestowing honorary titles at that date, Belling- 
ham would not have been termed simply a magistrate when he was deputy-governor. 

This order probably was acted upon, and the report, as amended by the Deputies, was, I 
presume, presented to the Court in 1053, which "took care of the transcribing " by passing the 
order of Sept. 10, 105;?, printed by me, post, p. IIG. 

The phrase which occurs in this order of IG.j2, " records that are not extracted, abbreviated 
or composed into the books of the printed /a us." may perhaps be cited as an additional i)roof that 
at that date there were two printed book* of the laws, viz. the Code of 1G19 and the supplement 
of 1650, as discussed by me, post. p. 80. — W. H. AV. 



X Preface. 

he adopted the style of a round looped bottom to these two letters, 
and so continues to the end. Hence the last ten jjages written by 
Lechford were written between March and August, 1641, and pre- 
sumably very soon after tlie date of the session of the last Court 
(Feb., 1611), entei'cd by him. This would entirely agree with the 
theory that tliis copy is Endicott's, completed first to June. 1640, 
and then added to in March or April, 1641, prior to Lechford's 
departure. 

Alter Lechford had finished, the work Avas continued by two 
or three other Avriters. It is useless to go into the details here, 
but the copy of the oificial record is made with similar accuracy 
through p. 313, being the Court of Elections, 14th, 3d mo., 1645. 
This copy also contains the records of the Court of Assistants from 
Oct. 28th, 1641 to March a, 1643—4, which are wantinrj in the official 
journals preserved at the State House and printed by Shurtletf. 

Little is known as to the subsequent ownership of this manu- 
scrijit after Gov. Endicott received it. The following memoran- 
dum was written by Gov. Thomas Hutchinson on a fly-leaf of the 
book : — 

" Tliis book belonged to Edward Htitclilnson of Boston who being em- 
ployed by the Government to enter upon a Treaty witli a Tribe of Indians in 
1075 Avas treacherously waylaid and mortally wounded by them and died and 
lies buried in the town of ^Marlborough, the first English settlement to which he 
could be carried. In the year 176'J an old man of the name of Rice died in 
MurJhoroKiih (Worcester), who was present and perfectly remembered having 
seen Mr. Ilutciiinson brouglit into Marlboro'. Kice died at the age of l(i2. 
Edward Hutchinson received the freedom of the Colony in 1()34, Sept 3' (see 
p. cSl), and ^Ir A\'illiam Ilutchiuson, his father, received his the 4'" of ^Slarch 
following, p. 82." 

We know of notlung to explain the ownership by Capt. 
Edward Hutchinson, whose only civil office was that of repre- 
sentative in 16.j8, front Boston, and who was not connected with 
Endicott by blood or marriage. We do know that Edward's son, 
Elisha Hutchinson, Avas greatly interested in the records, and in 
1680 was on the committee for reprinting the laws. His priceless 
collation of the Code of 1672. Avith its Supplements, and his manu- 
scrii>t copy of the Body of Liberties, are now in the Boston 
Athen;eum. 

Tlicre is a remarkable coincidence between the time covered 
by the BarioAV manuscript and the third volume of Records printed 
by ShurtlefT. That volume, as already stated, contains only the 



Preface. Xi 

proceeding:s of the Deputies, from litli, 3d mo. IGiS through May 
6, 1G57. It seems to stand alone, without a predecessor or suc- 
cessor, for though ShurtlefF writes (preface, p. vi) "it is evident 
that the popular branch of the Colonial Legislature continued a 
record of its proceedings until the time the Colony Charter was 
vacated," (i. e. 1(380), he adds "no copy of those valuable volumes 
can be found in the archives of the Commonwealth extending be- 
yond the period embraced in these pages, nor are any positively 
liuown to exist any where else." I am unaware of the grounds of 
Shurtleff 's belief that other volumes once existed, but ]Mr. Goodell 
is confident that he has met with references thereto. The accounts 
of the fire at the State House, in 1747, declare that many unspeci- 
fied records were then destroyed. 

I am unable thus far to find any order for the jireparation of 
this third volume. In March, 1G43-4, the fjimous vote was passed 
by which the separate sessions of the two branches was ordered; 
but this Aolume does not begin at that date. 

The regular pagination of this Volume III. begins with the 
session of May 14, 1G45. On p. 21 (Records, iii. p. 28), it is 
entered under date of June 18, 1645, that " Edward Rawsou is 
chosen and appointed clei-k to the House of Deputies for one 
whole year, to enter all votes passed in both houses, and those 
also passed only by them, into their book of recoi-ds." Again, 
JS^ovember 4, 1G46 (Records, iii. p. 83), " it is ordered that Edward 
Rawson shall have twenty marks allowed him for his pains, out of 
the next levy, as Secretary to the House of Deputies for two j^ears 
past." This last entry is probably intended to go back only to 
May, 1G45, because the earlier manusciipt, for part of 1G44, is not 
in Rawson's Avriting but in that of Capt. Robert Bridges of Lynn, 
one of the deputies. In fact, November 7, 1G46 (Records, iii. 78), 
at the beginning, it is stated that Capt. Robert Keayne was chosen 
" Speaker for the first day of sitting, and Capt. Robert Bridges 
Avas chosen secretary for the first day of sitting " ; and then 
Bridges was chosen Speaker for the whole session. 

A careful examination of the volume shows that it was bound 
in June, 1781, according to a memorandum at the end; that Raw- 
son's part begins with the Court of May, lG4o: and that the few 
pages dated in 1G44, written by Bridges, Avere no part of the origi- 
nal record. Of course the record of the first year may have been 
lost, since it is most reasonable to presume that a deliberative body 
Avould keep an exact journal from its organization. 

If hoAvever the Deputies had acquired the Endicott manu- 



xir Preface. 

script, they would have had in the custody of their Clerk, a 
transcript of all the records as complete as that in charge of 
the Secretary for the JMagisti-ates. 

That there was at first some lack of formality in keeping the 
House Journals, may be inferred from the order of October 18, 
1(J4S (^jpost, p. 78), which provides that "as thei'c is a Secretary 

amongst the Magistrates " "so there shall be a Clerk 

amongst the Deputies to be chosen by them from time to time." 
The duties of the Clerk Avere very fully set forth in the act, and it 
must be presumed that Rawson attended to the chief part of his 
duties, namely the special record of the proceedings of the Depu- 
ties, although he Avas evidently remiss in the preparation of the 
"Deputies' book of copies of record." 

Shurtleff notes (Kec. iii. 105) that William Torrey, who was a 
Dejnity in ]648 and 1649, wrote pp. 107-110, of the proceedings of 
2(5 ^Ma}^ 1647, and that up to p. 253, Avhen Torrey was chosen Clerk 
(May 22, 1650), he sui)plied many pages of the record Avhich 
RaAvson was prcsmned to prepare as Clerk. Very probably as 
Rawson Avas at this latter date promoted to the office of Secretary 
in place of Increase KoavcII, the pressure of his ncAV duties Avill ac- 
count Ibr the iri'cgularities in the Deputies' books and papers. It 
is Avorth noticing that William Tori'eyAvas Clerk to the last; and in 
1650 (Records, iv. part 1, p. 33), Oct. 33, 1650, Torrey Avas granted 
State Island " in consideration of his entering the orders of Court 
foi- tAvo or three Courts, not yet entered in the Deputies book, so 
as he do it in one year next coming, and perfect the book as far as 
he can." But Xov. 12, 1659 (Records, iv. part 1, ji. 407), the island 
was confirmed to him on the conditions of the old grant, " he hav- 
ing now ])erfected the Deputies ])ook of copies of record,-;."' 

The reader can draw his own inlei'cnces from the folloAving 
vote of May 15, 1672 (Records, iv. part 2, p. 509) : — 

" Tliis Court tlotli order, tliat all records of tliis Court and of tlic Council, 
from tlie first bcginningj tliereof, be fairly transcribed in a legible liand, so as 
tiiere may be a fixir cojiy tliereof besides the original, tiiat in case of fire or otiicr 
accidi'nt tiie coimtry may not suffer so great a damage as the loss of their 
records woukl be ; and tiie Treasurer [Russell] and Secretary [Kawson] arc 
ordered to procure tiie same to \w done timely and on as reasonable terms as 
they can ; and tlie comparers (wiio shall be appointed by this Court) shall, upon 
their oaths, declare the copy transcribed to be a true copy." 

GoA\ Hutchinson claims that the BarloAV manuscript belonged 
to his "i-eat-u'randfather Edward Hutchinson Avho Avas killed in 



Preface. xiii 

107;"). If SO, it probabl}* descondcd to Elislia Ilutcliinson and 
thence to his grandson, Thomas. It is supposed that Col. Aspin- 
wall bought this manuscript in Enghmd. 

This priceless manuscri2)t has been carefully examined by Wil- 
liam P. Upham, Esq., who reports that in many places it completes 
the deficiencies of the printed text, and that a critical collation of 
the two is very desirable. It supplies also ten pages to \o\. I. and 
two pages to Vol. II., as Shurtleif notes iyi his second edition. (See 
]wst, p. XIV.) It also adds the records of the Court of Assistants 
for some three years, new and valuable information nowhere else 
extant.* 

In the reprint of the Laws of 1660, I reproduced the pages 
from Shurtleff's second edition Avhicji shoAved the additions from 
the Barlow manuscript to p. 346 of Volume I., and pp. xiv, xv 
and xvi, of Volume II.; the earlier part covering ten pages relating 
to proceedings in England did not seem of sufficient importance to 
be reprinted herein. See post, pp. xix-xxiv. I now add to this 
edition the pages which contain the records of the Court of Assist- 
ants, so fortunately recovered, j^o*-^, pp. xxv-XLiir. 



For a full understanding of the subject, I also reproduce a 
portion of my former Preface, explaining the state of the pi-inted 
editions issued by the Commonwealth under Dr. Shurtleif 's super- 
vision. 

In 1853 (Resolves, chap. 63) the Governor was directed to 
have printed one hundred copies of the first two volumes of the 
Genei-al Court's Records. By chap. 5 of Resolves of ]854, eleven 
hundred more copies were ordered, and twelve hundred copies of 
Yolumes III., lY., and Y. The work was done under the super- 
vision of the late Dr. X. B. ShurtlefF, the first two volumes bearini-- 
the imprint 1853, and the others that of 1851. 

In 1855 (Resolves, chap. 19) the Governor was directed to 
have printed five hundred additional copies of the first volumes of 
said Records. 

In 1856 (Resolves, chap. 9) the Secretary Avas empowered to 
allow the State printer to i)ublish an edition for public sale, as a 
private enterprise, the permission being for three years from June 
4th. (Resolves, chap. 87, 1856.) 

* Tlie careful Catalogue of the Keconls of the Supreme Court, piepared by the Cleric and 
issued in Au};ust, ISOO, shows that he has the custoily of the " Seeond I'.ook of Records of the 
Court of Assistants, begun March ?., 107:1," continued throudi April. ItisO. suspended till T)ec. 
24,.108'J, and then contiuued into IG'J'2. The first book seems to be utterly lost. — AV. H. W. 



XIV Preface. 

In the "Boston Daily Advertiser" for March 6, 1865, Dr. 
Shurtleff puljlishcd a letter in regard to certain changes made by 
him in the stereotype plates after the first edition was issued. The 
following extracts cover the main point: — 

"Soon after the issue of the edition ordered by the Legislature 
in IS.Io, my excellent friend, Col. Thomas Aspinwall, came back to 
:ii.s American home, bringing, with his historical treasures collected 
duiing a long residence in London, a manuscript copy of the 
first volume of the old records, and of a portion of the second 
volume, extending, I think, to the year 1G4G. This manuscript 
coutaincd a large portion of the lost records, namely, a ])ortion of 
the i)roceedings of the 23(1 of Mai-ch, 1G28-9, the proceedings of 
the 30th March, 2d, Gth, 8th, 13th, IGth, 27th, and 30th of April, 
1629, and also portions of the proceedings of the 10th of December, 
1G41 (l>eing pnrt of Volume I.), and the commencement of the 
record of the General Court of Elections, commencing on the 13th 
of ]May, 1G12, being the beginning of Volume II." 

" Fortunately the succeeding Legislature passed an order for 
the issue of another edition of Volumes I. and II.; and, conse- 
quently, an oppoilunity was atfoi-ded fi)r completing the printed 
volumes of records from the material fui-nished so opportunely by 
Colonel Aspinwall's copy. Tlie steitotype plates wtre revised, and 
the lost 2>art'i of the original records were artistically supplied, so 
that the second impression from the stereotype plates contains all 
that exists of the old colonial I'ccoi'ds of ^Massachusetts." 

It appears that the changes made in the stereotype plates after 
the first edition was printed were as follows: In Volume I. ten 
pages were insei-ted, marked 37 a to 37ji', inclusive, and on p. olG 
enougii Mas added to complete that page. In Volume II. (which 
begins, in the first edition, with p. 3), two whole pages were 
insei-ted, numbered 1 and 2, and the fii-st half of page 3. The former 
])age 3 was cancelled, the two bottom lines (concerning one 
Gregory 1'aylor) being carried over to l)age 4, and the spaces on 
l)age -i being readjusted, so that i)age 4 ends alilce in both editions. 

I believe that I am correct in saying that no change was made 
in the title-pages to this second edition of Volumes I. and II., that 
no notice was given of the corrections and additions (except a short 
note on p. 344 of Volume I.), and that no alterations were made in 
the Index of either volume. 

As to the additions made in the first volume, their value is 
merely antiquarian. But the pages added in the second volume 
contain the organization of the government for 1612, an order 
about votes in the General Court, and a law respecting constables, 



Preface. XV 

(which is in the Code of 1660, the first clause of section 2, and not 
cited in the margin as passed in 1642, the whole section being 
referred to Anno 164:6). There are also two laws, one relating to 
the pay of the Elders when employed by the General Court, and 
the other empowering any Court having two magistrates to admit 
church members to be freemen: both laws copied into the Code of 
1660. 

For these two laws I spent many hours in fruitless search, till 
I learned the fact of there being two editions. In the lack of 
any definite information of the number of copies printed by the 
State printer under his license, I conclude that fully two-thirds of 
the copies of the first two volumes of the Records now in circula- 
tion and use are defective. The stereotype plates of these books 
were destroyed in the great fire in Boston in 1872, and I have 
therefore reproduced the four pages, one (p. 346) of Volume I., and 
three pages of Volume II., in order that any one who wishes to 
verify my citations, and who is unfortunately the owner of the first 
edition only, may have the full copy before him. 

It is useless to criticise Dr. ShurtlefTs peculiar method of 
altering the plates of such an important book. Any one taking up 
a copy of State Records issued by authorit}' of the Legislature 
naturally relies upon its entire accuracy. I am sorry to say that 
this reliance is misplaced in many small matters of textual correct- 
ness, as I have discovered ; but the fact that thi-ee oi- four pages of 
proceedings are to be found in one edition, and not in another, is 
one which calls for the greatest publicity. I fear that many of the 
highly valued copies of the first edition were placed in public 
libraries, and are the only ones accessible to many students. 

The legislation of the Andros or Inter-Charter period remains 
still in manuscript, and deserves to be printed as the only missing 
link in the chain of entire continuity from A.D. 1629 to the present 
time. 



As this Preface and Introduction is intended to serve here- 
after for any reprint of either the edition of 1660 or that of 1672, 
I Avould note that the bibliographical information in regard to the 
edition of 1672 is contained in the special Introduction to that vol- 
ume. The reprint of the edition of 1660 consists of two impres- 
sions, each of some 400 copies. The copy used for the text was 
that preserved in the State Library, and the supplements were 
copied from the beautiful volume formerly owned by Secretary 
Edward Rawson, now in tlie library of the American Antiquarian 



XVI , Preface. 

Society at Worcester. Later on, my attention was called to a copy 
formerly owned by Judge Story, now in the Law Library of Har- 
vard University. Although it lacked some of the Supplements, it 
contained those for 1G68 and 16G9 com2)lete. I was thus enabled 
in the second impression to add nine pages, besides perfecting two 
others, and it is hoped that the Supjolements are now complete. 
Exti'a cojiies of these added jisg'es were furnished to those having' 
the first impression only. 

I have devoted much time to the Body of Liberties, as it has 
hitherto not received the recognition to which its importance en- 
titles it. This Code was first rediscovered by the late Francis 
Galley Gray, and printed by him in ISiS. But being- published 
onl}^ in a volume of the Gollections of the Massachusetts Histori- 
cal Society, a knowledge of it has been confined to very few per- 
sons. I have merely followed out Mr. Gray's line of unanswerable 
arguments proving the certainty of the identification of his copy 
of this Gode, but I have added a Table of Contents, Lidex, and 
Xotes, which may assist the student in using it. 

The reprints have been made by the Photo-electrotype proc- 
ess, Avhich has proved to be peculiarly adapted to such work. The 
Indexes to both volumes were prepared by Frederick E. Goodrich, 
Esq. 

It is reasonable to think that the ground covered by these two 
volumes is now completely covered, even should some fortunate 
chance restore to us a copy of the edition of 1649. But there is 
room, and almost a necessity', for some qualified person to work up 
this material into a concise and well-digested history of the juris- 
prudence of Massachusetts. A thorough consideration of the 
Body of Liberties will prove that our ancestors were far more 
enlightened than their English contemporaries, and that the 
influence which they sent foi'th has continued to affect most 
powerfully our laws, customs, and thoughts to the present time. 

Especially to be foi-ever remembered, for their j^ious care and 
intuitive perception of the value of these i-ecoi"ds, are Edward 
Kawson, Elisha Hutchinson, and Francis Galley Gray. 



The Litroduction is a recasting and amplification of that pre- 
fixed to the reprint of the Laws of IGGO. Considerable new and 
important matter has been incorporated therein, and I trust that 
the whole is now placed in a more symmetrical and convincing 



Preface. xvir 

form. The first edition of any essay ujion a new topic must be 
imperfect, and publicity must tend to correction and improvement. 
I venture to hope that the public interest in these matters created 
by the publication of these two reprints, bore fruit in the munifi- 
cent appropriation by which the Trustees of our Public Library 
were enabled to purchase the Barlow manuscript together with so 
many other literary treasures. 

William H. Whitmore. 

CiTv IIali,, Bostom, Sept. 26th, 1S90. 



XIX 



ADDITIONS MADE IN THE SECOND PRINTED 

EDITION OF THE EECOEDS OF 

MASSACHUSETTS, 

AND NOT TO BE FOUND IN THE FIRST EDITIONS. 



[P. XXI. IS p. 34G OF Volume I.J 

[Pp. XXII. -XXIV. ARE THE BEGIN.NIXO OF VoLU.ME 11. 



Preface. XXI 

THE RECORDS OF THE COLON T. 345 

^I" ^laig' Winthrope hath her 3000 acres of land formerly granted her, 1 G 4 1 . 
to bee assigned about the lower end of Concord liNver, near Merrimack, to ' ■< '-' 
bee laydc out by "W Flint & Lcifl Willard, m''' M'' Oliver, or some other ., J""''^'^' 
skilful! in measuring, so as it may not hinder a plantation ; & any pt thereof 3000 ace. 
they may purchase of any Indians that have right to it./ 

Upon the petition of M'' WilH : Tynge, it was ordered, that M"' Barthol- 
omew, George Giddings, & John Whipple should set a dewe valuation upon 
the house <& ground W^"" WiUi : Whitrcd did cffeofe to M'' Tyng aforenamed./ 

It was ordered, that Sara, the late wife of James Hubberd, should have 
fourty pound of the estate of her said late husband, & the use of the chil- 
drens stock till they come to the ages mentioned in the will, & then the eldest 
Sonne./ 

At this Court, the bodye of laucs formerly 
sent forth amonge the fTrcemcu, (j?, 
was voted to stand in force, fV3./ 

[The last paragraph is in the handnTiting of Governor Winthrop. The following is rc-torcd from 
an early copy of the records in the possession of Tlionias Aspinwall, Esq.] 

M' Atherton Hoffe is grauntcd foure hundied acres of land in regard of '^'' HoTcs 

400 ttcrcs. 

fiftie pounds disburssed in the ioint stockc. 

M'' Davies was denied Tibcrtie to sell diinke, or ale, or to keepe a cookes ^^" Davies. 
shopp, because there are others sufficient in the towne of Boston, and his 
carriage hath bin formerlie ofTensiuc. 

JI" Dunster is graunted hii- farmc with the bondarles from Sudbiuic *'' Dunsier 
bounds, a strai'e line running south easterlic and north westcrlie to the great 
pound over against that place, where the river issucth outt of itt on the other 
side, the line cutting y' said pond over unto the said issue, then following the 
streames vnto the place wjicre Siidburic cuttoth againe the river, & soe alon" 
by the river within Sudbujie line, as itt is agreed betweene the towne of Sud- 
buric and hir : the line lying in forme is described in the plott subscribed by 
M' ThoiTi Fhntt & Thorn Mayhcwc. 

M' Samuell Maverickc is remitted 40'' of his fine of 100'', formerlie sett M'Sam: Mav- 
vpon Irim, if hoe pay y^ remaining GO'' in due valuation. "J*^^ 

M'' Mayhewc his accounts were referred to tlio Trcasuro'' & M'' Duncum ■ 
& for the bridge by the mill over the Charles River, the Co't doth concciue 
itt to belong to the towne or townes in w"^"" jtt lyeth. 

Thomas Bartlett is appointed leivetenant & Hugh Mason ensigne to W'i'">fy 
Captaine Jeanison, Watertou. 



xxu 



Preface. 



MASSACHUSETTS RECORDS. 



THE RECORDS OF THE COLONY OF THE MASSACHUSETTS 
BAY IN NEW ENGLAND. 

[The manuscript of the second Tolume of the Massachusetts Colony Records commences on the third 
page, at the place indicated by an asterisk. The first portion of the volume is lost, and the first eighteen 
pages of what remaiiiS arc in a verj' decayed condition. By the aid of ancient transcripts of the volume, 
made apparently very early, and by a duplicate leaf m the handwriting of the Secretary who wrote the 
volume, the decayed portions have been restored. The volume is mainly in the chiiography of Secretary 
NowcU, although occasionally passages, and sometimes pages, are in that of Ml. Edward Kawson, who 
succeeded Mr. Nowell as Secretary in 1650.] 

1642. [The Qenerall Court of Elections, the IS"* Day of tf a' Mon'^, 1642. 

18 May. 



Govenf 

Dep. 0. 
AssistaDtn. 



Present, The Govemo"", 

The Dep''^ Govenio'', 
M' Dudley, 
M' Bellingham, 
M' Saltonstall, 



M'' Bradstreet, 
M' Staughton, 
M' Flintt, 
M' Increase NowelL 



W" Hilton, 
W"" Walderne, 
W" Hayward, 
John Saunders, 
Edward Rawson, 
Matthew Boyse, 
Maximi: Jewett, 
M"' Sam: Sunonds, 
John Whipple, 
M^ Ema: Downing, 
Edm: Batter, 
Ed.v: Hollioke, 



Deputies psent : 

Robert Bridges, 
M'' W"" Ting, 
Capt Edw: Gibbons, 
Ralph SpraguCi 
Thomas Line, 
Capt Geo: Cooke, 
M'' Nat: Sparhawke, 
Cap? W" Jeanlson, 
M'' Simon Evres, 
Symon Willard, 
Peter, Noyse, 
Edw: Allen, 



Elea: Lusher, 
W'^ Heath, 
W" Parkes, 
M' John Glover, 
M' Nat: Duncum, 
Alex: Winchester, 
W" Cheesborough, 
James Parker, 
Edw: Bates, 
Jos: Pecke, 
Edm: Hubberd. 



JOHN WINTHROPP, Esq"", was chosen Governo' for this yeare and till 
new bee chosen, and tooke his oath. 

John Endicott, Esq , was chosen Dep"'' Governo'', & tooke his oath. 
Thorn; Dudley, Esq', was chosen an Assistant, & tooke his oathe. 
Rich: Bellingham, Esq', was chosen an Assistant, & tooke his oath. 
VOL. II. 1 (I) 



Preface. XXIII 

THE RECORDS OF THE COLONY OF 

Rich: Saltonstall, Esq', was chosen an Assistant, & tooke' his oath. 1 P 4 2 

M' Symon Bradstreet was chosen an Assistant, & tookc his oath. *— > — — ' 

M' Increase Nowell was chosen an Assistant, & tookc his oath. 18 May. 

M' Israeli Staughton was chosen an Assistant, & tooke his oath. 
M' John Winthrop was chosen an Assistant. 
M' W™ Pinchen was chosen an Assistant, and tooke his oath. 
M' Thomas Flintt was chosen an Assistant, and tooke his oath. 
M? Tyng was chosen Treasuier. Tresurer. 

It was ordered that a warrant should bee sentt to Salem for a new election ueputye. 
of a new deputie to be ioined with !M' Downing, because the Coiut is doubt- 
full of y' choyse, & M' Edmund Batter Avas sent. 

M' Staughton & M' Ting, Treasuro', were appointed a coiuittee to advise 
Goodman Johnson aboutt y* ainunitiou. 

An order was made for the ^ssing 4 horses, to goe w"* M' Collecott and PressinReof 
his companie (if they cannot hire w"'out pssing) to helpe them to carric neces- •""ses. 
saries to run the south line. 

Cape Anne is to bee called Gloscester ; John Sadler is chosen constable cioster. 
thereof, and tooke his oath. 

John Sadler had coinission to traine the men att Gloscester. 
Obadiah Brewen is appointed Siu-veyer of y' Amies att Gloscester. 
George Norten is appointed to keepe au ordinarie* att Gloscester. 
Richard Gibson was comitted to the marshall for his seditious practises, Gibson. 
& vpon his submission «& acknowlegement of his fault vnder his liaud hce was 
dismissed with an admonition, 

Watertowne delivering in a transcript of thier lands, nott being perfect Waterton. 
was lent them backe againe. 

Leivetenant Symon Willard & Edward Converse are ajipointed to view Shawsin. 
Shawshins, & to certifie whether the land that is free bee fitt for a village or nott. 

Goodman John Johnson had order to lend six carabines to M^ Collecott South line. 
& his companie w'*" are to run the south line. 

Itt was ordered, that the Treasuro' should defray the charges of the ciders, 487- • 
when they are imployed vpon anie speclall order from the General Co't Charges. 

The lawes were read over the 20"' of the 3^ month. 23 May. 

John Pemberton was bound in 20" to appeare att the nextt Court att ^^^''^' 

T • 1 Pembleton. 

Ipswich. 

The order for hempe & flax seed to passe att twelve shillings the bushel 1 488- 
is repealed. Fiaxcsced, 

12' bush. 

The orders for restraint of wheat are repealed. Rcpeaie. 

• There is power given to eyerie Co-'t w'"in o^ jurisdiction y' hath two *^^~ 

•' Freemen, 

admission. 



XXIV Preface. 

3 THE MASSACHUSETTS BAY IN NEW ENGLAND. 

1 G42. J^'igistrates to admitt anie church members that are fitt to bee free, & to give 

>- — , ' them the freemens oath, & to certifie thier names to the .Secretarie att the 

20 M.y. next Generall Courtt. 

49()_ The order formerlie made for writeing things before they bee voted, is 

Votes in declared nott to concemc matter of forme, butt to bee meant of things that 

Courts. ° 

Repeals. *^'^ '•° ^^^ matters of record. 

White. Phillip White, for drunkenesse, was fined 10% & for misdeameno'', ■w"^'' 

10' Richard Wayte vndertooke for White. 
Posture of "^^^^ Deputy Governo'', M' Staughton, Cap? Gibbons, Captaine Jeanison, 

Warre. Cap? Cooke, i\I' Rawsou, Leiveten' Willard, & M' Parker, these or the greater 

number of them, are appointed to putt the countrey in a posture of warre. 
4g2_ Itt is ordered, y' when anie person shall bee tendred to anie officer of 

Officers duly to this j luisdiccfin by anie constable or other officer belonging to anie forreigne 

receiue forriiine ....... . ii-.i 

prisoners. jurisdiction in, this countrey^ or by warrant from anie such authontie, hee or 

shee shall bee presentlie receiued and conveyed forthwith from constable to 

constable till the partie bee brought to the place to which hee or shee is sentt. 

Hue & cry. or before some magistrate of this juiisdiction, who shall soe dispose of the 

partie as occasion & the justice of the cause shall requii-e^ &-thatt all hew 

and crj'cs shall bee dilligentlie rcceuived Si. pursued to full effect.] 

[*!.] Whereas the country is put to great charge by the Courts attendance 

492- vpon suites coiuenced or renewed by either appeales, petition, {§, it is 

Ord' about Ordered, that in all such cases, if it shall appeare to the Co't that the 

ueencry plaint in any such action of appeale, petition, ^<3, in any Co't, hath no 

iust cause of any such proceeding, they-shall take order that the said plain- 

tiiF shall beare all the charges of the Co't w'^'' they shall iudge to have beein 

expended by his occation, & may further impose a fine vpon him if the merrit 

of the cause shall so requiie j & if they shall finde the defendant in fault, they 

shall impose the charges vpon such defendant./ 

William Aspinwall, upon his petition & cirtifficat of his good carriage, is 
restored againe to his former liberty & freedome./ 

The Court left it to the liberty of the townes to send but a deputy a 
peece, if they please, to the next session of this Court./. 

The marshall hath leave to go to Coiiecticut, leaning a deputy./ 
The beaver trad-'s are appointed to bring in what is due to the countrey 
at the next session./ 

Edward Bendall hath liberty to make vse of any of the cables, & other ^ 
things belonging to the worke, as he needeth, alowing for the hurt of them./ 
Gregory Taylo', being chosen constable of Water Towne, tooke his oath 
to discharge that place./ 



XXV 



RECORDS 

OF THE 

COURT OF ASSISTAl^TS 

OP THE 

COLONY OF THE MASSACHUSETTS BAY 

IS 

NEW EXGLAXD. 
From October 28, 1641, through March 5, 1643-4. 



NOW FIRST PUBLISHED FROM A CONTEMPORANEOUS COPY RECENTLY 
OWNED BY SAMUEL L. M. BARLOW, ESQ., AND NOW IN THE POS- 
SESSION OF THE BOSTON PUBLIC LIBRARY. 



XX VII 



HECORDS OF THE COURT OF ASSISTANTS 

FROM OCTOBER, 1641, TO MARCH 5, 1643-4. 



NOW FIRST PUBLISHED FROM THE MANUSCRIPT COPY, RECENTLY 
OWNED BY S. L. M. BARLOAV, ESQ., AND NOW PRESERVED IN 
THE BOSTON PUBLIC LIBRARY. 



[Note. — It is well-known that the first volume of the Massachusetts Colony Records contains not 
only the proceedings of the General Courts, but also those of the Magistrates or Assistants sitting in 
special courts. These records are recorded in regular order as tliey were held, the Quarter Court of 
September 7, 1C41, being on pp. 334-33C, and the General Court of October 7, IG-tl, covering pp. 33G- 
343, and (as continued December 10, 1041), pp. ."43-340. In the second and subsequent volume.s, only 
the proceedings of the General Courts are recorded. As already noted, the Clerk of the Supreme Court 
finds Ills earliest volume is marked "Court of Assistants, second booke of Records, beganne the 3rd of 
March, 1073." This hiatus, from„ 1G41 to 1073, has long been deplored; and it is with great pleasure 
tliat I am now enaliled, by the kindness of the Trustees of tlie Boston Public Library, to supply a part of 
tlie missing records. In the so-called Barlow copy of the early part of our Colonial records, at tlic latter 
part of the volume, a contemporary copy was made of the proceedings of the Assistants, from October 
28th, 1C41, through March 5th, 1043-4. 

The portion liere printed begins on p. 277, 1.5th line. 

The last preceding order "The coinissioii above, w"' the alterations was confinncd 
the 5"" m°, 1645" etc., is numbered in margin 2839. (See Records of Mass., Vol. II., p. 
65.) This copy was made by William P. Uphani, Esq. 

W. H. W.] 



[377] At a Co't the 28'" 8* Mo'" 1C41. 

Present The Govcrno' M' Winthrop. 
M' Dudley. Increase Nowell. 

2840. James Luxford was Ordered to bee delivered to his three Credito". Luxford. 

2841. M' Symon Voysey for striking M' Constable was coiTiitted, & fined voyscy fined. 
to give M' Constable, lO"" 

2842. M' Henry Waltham, & James lirittaine, were bound for Gawen Waiiii.im. Brit- 
W uson his appearance at y' next Co't. wiisou. 

2843. John Knight is coiTiitted vutiU hee find sureties. Kmght comit- 

° ted. 

At a Quarter Co't at Boston the 7'" of the 10"' M'" 1641. 

2844. Jacob Eliot deposed to the will, & Inventory of John Tee. Eiiot. Tee. 

2845. John Smith is graunted five shillings against "William Prichard. Pmith. Prich- 

2846. John Richardson ap|)eanng & testimony given of his good car- uichardson 
riage, hee, & bis sureties were discharged, *"^ '"^^'' 



xxviii Preface. 

Wilson, & Bure. Gawcii "Wilsoti appeariu<ir, hee, & his sureties were discharged. 2847. 

Voca< tiucd or Johu Vocar was censured to pay ten shillings, or bee whipped, 2848. 

""'"'• the P' Mo'\ 

Capt. Williams, Cant. Williams was p'ssed, & promised to endeavo', & doe what 2849. 

Uichardsou. ' 111 J 

in him lay to bring backe John Richardson. 

Kiciiards Walthian Eichards was vpon his p'sentment fined 5"", & enjoyued 2850. 

to pay the witnesses, wiiioh were Edward Beunet, & his wife ; Kichard 

Silvester, & his wife ; Arthur Warren, Tliomas Rawlings, Thomas 

Tenny, M'' Waltham, & Mary Smith, after 2'^ day, & to make a Pub- 

lique. 

Finch his wife Samuel Finch his wife was certified to bee ill. 28.51. 

ill. 

BraiDtrce. The Inhabitants of Braintree, for the bridge over Minotocot Giver 2852. 

are respited till the Generall Court, 
iiingham. Hingham hath time till the first of the 3* Mo"" to finish the bridge 2853. 

over Layfords-liking, which they are to doe by that time vpon paine of 

5'\ 
i''"'"'^'- Thomas Barnes about lace, was admonished, & discharged. 2854. 

Joi'son. John Jobsou for vnadvised exp''ssions, was admonished, & dis- 2855. 

charged. 
Hands dis- Marke Hands for want of proofe was discharged. 2856. 

Dorchester DorcliestiT for defective wayes was fined 5% & had ] time | {inter- 2Si)7. 

'"'"'■ lined] till the 2" ]Mo"'. 

Markiin rccom- It was referred to indifferent men to judge, what recompence Mark- 2858. 

pence I'en. 

lin Knight should returue to James I'en. 
PavicB lined, AVilliam Davies for keeping an house of disorder, by giveing enter- 2859. 

bound. ' ^ . ih , , 

teinement agaiii.st Order, was lined 20% & bound in 10" not to sell ale, 

strong beare, wine, or strong-water. 
Cbidiey. ]\£r chidley was gone out of the Countrey before Co't. 2860. 

iiawkiiie fined. Thoiiias Ilawkiiis for makcing bread to light was fined 5' and en- 28C1. 

joyned to give one witiiesse, Edward Bates, 2* C. 
Uoeiou fined. Bostou for defective teas towards Roxbuiy is fined 10% & enjoyned 286i. 

to mend them, by the 24"* of the 2'' Mo"% vjwu paine of five pounds. 
cambridije Cambridge for a defective way to Charlestowne is fined 5% 2862. 

lined. '^ -' 



Fuller. Fuller was respitted till the next Quarter Co't. 28G3. 

.John Knights Cause 
nionished, &; discharged. 



Knight. Carters Jolni Kuights Cause to be tryed by Action. Carters wife was ad- 2864. 

wile. ^ J ./ 



[278] At a Co't at Boston the 27'" 11'" Mo'" 1641. 
Present The Govcrno' M' Winlhrop. 
31' Dudley. Increase Ncnvell. 
Knowcrs estate. xiie administration of the estate of Tliomas Kuowcr is graunted 2866. 

to James Browne & William Stitson Gosse, & his wife? 

to bee brought to the next Co't, to answer things objected against 
them. 
Wiismore. Elizalieth AVilsniore had warrant to the Constable of AVatertowne, 2867. 

to provide liir a pl.ice in service, or otherwise. 
Williams. David W"" liath put himselfe to John Read for 4 yeares, from the 2868. 

1 2'" of this p'seut Mo'". 
yoK. Evereii. .lohn Fox liath put himselfe App'ntise to James Evrell, for 6 yeares, 2869. 

from this p'sent day. 



Pfcface. xxix 

At a (itiartor CCt at Boston f P' of the 1" Mo"" mj. 
Present. M' Goveino' M"^ Wintluoi). 

M' Dudley. Increase Nowell. M' Braclstreet. 

2870. M' Timothy Tomlins, & Thomas Elin<Ttou were grauuted adminis- W'- naiiards 

•' o a estate. 

tratiou of the estate of M' Balhird, & they are to dispose of the Chil- 
dren, & their estates. 

2871. George Story vpou his miscarriage was coinitted, & after vpou his Piory comitted. 
submission, & ackowledgement of his fault, hee was discharged. 

2872. Charlestowne delivered in a transcriijt of their Lands. Sudbury dd fharipBtowne. 
in a transcript of their Lands. Dedham delivered in a transcript of Ui-'"'-"" Lands. 
their Lauds. 

2873. Malachj' Browne had six shillings 8. pence Costs graunted against Bron-ne. Perry. 
Francis Perry, for warning him to appeare, & not prosecuting him. 

2875. M' Nicholas Trerice | his fine | \_iaterline(r\ of forty shillings is re- Mr. Trerice 

mitted him. 

2874. Peter Thatcher for plotting Piracy was coniitted, & to bee whipt ; Thatcher, Coi- 
Matchew Collaine, Robert Allen, & Marmaduke Barton, were whipped i'i'Jwn, ■l^™i'pt. 
for concealing the plot of Piracy. 

2875. Samuel Sherman is remitted his fine of 20'. Sbermans 

2876. Henry Singleman is bound in 20"" to bee of good behavio' & to ap- Singieman, 
peare at the Quarter Co''t in the 7"" Mo"' 1G42. & Samuel Fuell is bound 

in lO"" for the good behavio' & appearance of Singleman. 

2877. James Hawkins for prophaining the Sabbath hee was censured to Hawkins 
bee whipt, & bound with his Brother Thomas Hawkins in 40"" to ap- 
peare at the Generall Co't, & answer for venting his corrupt Opinions, 

& to bee of good behavio'' till then. 

2878. Elizabeth Sedgwicke for hir many theftes, & lyes was censured to Sedgwickcfor 
bee severely whipt, & condemned to slavery, till shee have recouipeuced 

double for all hir thefts. 

2879. Pesons, or George the Indian, was lianished not to come among the res.ms ban- 
English after a weeke. 

2880. ]\Iincarrv, the blackmore was admonished, & dismissed. Mimarry ad- 

2881. John Smith was admonished & dismissed. smith admon- 

isht. 

2882. Susan Cole was enjoyned to make double restitution. T"'''^ Kesitu- 

At a Co't at Boston 28* 2'' Mo'" 1(542. 
Present. The Governo'' M'' "Wiuthrop. 
M"^ Dudley. M' Staughten. Increase Xowell. 

2883. Marmaduke Barton for his theft, & running away, was coinitted to barton com- 

^ •' itled. 

the keeper, as a slave, till the next Generall Co''t. 

2884. Thomas Briant for concealing Thatchers Plott, & consenting to it, Briaut whipt. 
was censured to bee severely' whipped. 

2885. Elisha Jackson was with hi» uwue consent turned over for his time, Jackson. 
from George Barrell, to John Millam. 

The 12"' 3" Mo* 1642. 

Present, The Governo'. 

'yV "Wiuthrop. Increase Nowell. 

2886. John Woodcooke for his many miscarriages was censured to bee Woodcocke 
whipped. 



XXX 



Prefa 



Chiidwickes 
fin-' discliiirired, 
AVliittucy liucd 

"Story dis- 
charged. 



OliarlcPtowDL'S 
t 'unistabk'S 
allowed. 

Mr. Ruck, 
blow. 



Daviee. 
Kcmpe. 

Hoare. 
Read. 

Cliapman. 



^I" Strainge 
liingha. 



Piilcs allow- 
aiicu. 



Marvin allow- 
aucc. 



At a Co't at Boston 20"' 12* Mo* 1G42. 
Tresent. The Governo' M' Dudley. 
M'' IJelliiigliam. Increase Nowell. 

Charles Chadwieke is discharged of his line of 3' 4'' & John Whit- 2887. 
ney the Constable is lined 2'' for not warning liim. 

George Story appearing is discharged of his liond for appearance 2888. 
to answer Capteine Kea^-ue this Co't. 

It was ordered that the CoustaLles of Charlestowne should bee 2889. 
allowed 'J"* 12'' 8'' for the charge of 

JM' Thomas Rueke, & John Stow appearing, were appointed to 2800. 
appeare at the next Generall Co't, to give in their fiiiall answer about 
the "jO"* coiuitted into their hands. 

[272)] It was Ordered James Davies should have o'" 12' for 2801. 
keeping of .Tohn Kempe for 12 weekes, at six shillings p weeke. 

]\Iarj- Hoare was Ordered to paj' John IJead 10' for hir theft, & 2802. 
trouble of hiin. 

It was Ordered that Jacob Chapman should bee allowed 15' for 9 2S0:i. 
dayes travell, & 2' C layd out of purse. 

Order was sent to the Constables of Ilingham, that W Strainge & 2894. 
hir child should bee supplied according to their necessity that Ihey may 
bee comfortablie maiuteiuod by the hel|ie of such worke, as shee is able 
to doe, & hereof not to f;iile, as they will answer it. 

It is conceived .lohu Stiles should beallowed nine pound per nunum 2805. 
for the time liee hath served, & twenty shilings, for being turned away iu 
winter, vui)rovided. 

It is eoncei\ed that Thomas jMarviu sliould bee allowed nine pound 2S0G. 
J) annum for the time he served, & twenty shillings, for being turned 
away in winter, vniiroviiled, & 40' for the 8 wolves killed. 



On-ks 

ANilluui^hby 

rmc'd. 

Willoimhby 
comitled. 



The lG"'of tlie 12"' :\[o"' 1(U2. 
Present The Goveruo'. 
~SV ]>eUingham. Increase Xowell. 
Daniel Owles comeing before vs, for drinking part of severall 2807. 
[lints of wine, with "William AVilloughby was fined ten shillings. 

Willinm WiUoughby for beeing distempered with wine, & mis- 2808. 
]iuiuling Ills time, & neglecting both publique, <fc private Ordinances, 
was cornittcd to I'rison to bee kept to worke there. 



At a ( »uarter Co't at Uostou 7'" 1" Mo'" \^. 
ji'seut The (Joverno'. 
The Dep"" (iov' ^V l)u;Uey. 
.M' r.elliiigliain. ]\P l'>ra;lstreet. 
^M' 1-Tmt. Increase Xowell. 
I'.neirii- Unci. ;^jr Xallianiel liriscoe for eerteiue mutinous speeches, & writings 2809. 

was fined Id"'. 
''<■"■"'• John I'eseot was dismissed with an admontion. .Tohu "Winter is 2000. 

\\ iiiUT tlisni. 

discluuged w"' an admonition. 
M' roik..-,.t M' Richard Colleeot Ills bill of 21"' 8' 10'' w.as assigned to bee paid 2901. 

him, & forhimselfe for 18 days, 2"' 14' & for M"" Ilolemau, for IS dayes, 
2"- 14'. 



Preface. xxxi 

2902. JP Richard Browne beeiug questioned for viiincetc & filtliy "lo,';^"*!"""!!'!*'. 
dalliance, with Sarah uow wife of Thomas Boylstoa, for waut of full ii"""^!!. 
evidence, they wore dismissed with au adinoution. 

2903. "Will™ Bull, & Blith uow his wife, were tiued 20' for foruieation i'""'- niiii'- 

loruic. liueu. 

coniitted before marriage. 

2904. John Stowers for reading to divers offensive passages (before Stowers tined. 
comp") out of a boolce, against the (Jtlicers, & C'liiuch of Watertowne, 

& for making disturbance there, was fined forty shillings. 

2905. Sarah Bell for hu- theft, stealing money from hir master, was cen- Bella theft. 
sured to bee whipped, except shee behave hir selfe well, betwixt this, 

& the next C'o't, & soe as the Co'^t see cause to remit it. 
290G. John Cornish was comitted, & after was ordered to bee released vp- Comishcom- 

on his owne bond, for his good behavio', & appearance, & the next Co'^t. 

2907. Susan Hewet, & others which sold Sarah Pell goods were Ordered Uewct repay. 
to take their goods backe, & repay the money to j\P Newgate. 

2908. T[eagu] Oerimi for a foule, & divilish attempt to bugger a cow of Oorimipun- 
M"' Makepeaces, was censured to bee carried to the place of execution, 

& there to stand with an halter about his necke, & to bee severely 
whipped. 

2909. Robert Wyar, & John Garland beeiug indited for ravishing two wyar. Oarinnd 
youg girles, the fact confessed by the girles, & the girles both vpon ^^ ''"'' *^ '"'*^^ 
search found to have bin defloured, & filthy dalliance confessed by the 

boyes ; the Jury found them, not guilty, w"' reference to the Capitall 

Law. The Co'^t judged the boyes to bee openly whipped at Boston, the 

next market day, & againe to bee whipped at Cambridge on the Lecture 

day, & each of them to pay 5* a peece to their master in service. It 

was also judged that the two girls Sarah Wythes, & Ursula Odle beeiug w.vthe8. odie. 

both guilty of that wickednes, shall bee severely whipped at Cambridge 

in the p'sence of the Secretary. 

3000. The 15"^ 2'' M"", M' Francis Norton, & John Pentecus, beeing Jr- Xorton. 
formerly chosen Constables of Charlestowue, by the Towue, did take ciiiui.eiowne 

coui4tabk-6. 

their Oathes to discharge that Ortice. 

At a Co't at Boston, the 27'" 2" Mo'" 1642. 
Present. 

The Goveruo' M' Deputie. M' Dudley. 
M"^ Bellingham. M' Flint. Increase Nowcll. 

3001. An Inventory of the estate of Fid ward Wood deceased, was '^oods inven 

tory. 

delivered in, & an account how the Children are disposed of, which the 



Co't doth approve. 

i*" }ir>piticr ptlin^'nod ic\ oi-it-tpni-o nf flip no^f TVi^'f \r\ T;ivln 

&dis 



3002. Richard Taylo' beeing enjoyned to appeare at the next Co't to ^•|',y.I["^''f'""" 
answer for his rude & vumeete speeches, hee was dismissed with an ■ui'^eed. 
admonition. 

3003. Ileury Neale appearing, his servant Ileury Hobsou Avas freed from nobson freed. 
him, and put f^SSOl to another, & Henry Neale was enjoyned to pay ^'fii'e 'o pay 

wiluessee. 

all the witnesses, & deliver vp all bonds, & soe all things were ended 
betweeue them. 

3004. Henry Ilobson is put to Goodman Thomas Meakins for the rest of ^°!,'^°„'g'° 
his time, for 4""^^ annu and vpon his good behavio' to have 2' S"" at the 

end of his time. 



J 



XXXII 



Pi-efa 



Stone. Arrai- 
tnye costs 
grauuti-d. 



Owles servant 
to French. 



Smith bound. 



Wyar to 
Bowtlc. 



Browne whipt. 



Mindam dis- 
charged. 



Quick whipt. 



lIolicrtB lined 



Pcrij \Vhipt. 



IlaidiilL- II.. His. 
ter. Wiyuiouth 
ConfilaliU'S. 

Baker Ordinarj- 
keep. 

Goodnow 
Clarke of y" 
Band. 

W 'I'omlins 
Ivnsigne. 
W'Tury En- 
eiiine. 
Johnson. 



John Stone, & Joseph Armitage, vpou a warrant from Joshuah 3005. 
Hubbard had ten shillings cost graunted them, against Joshua Hubbard 
for uot prosecuting. 

Daniel Owles is put to Serjeant William French for a yeare, & 3006. 
then to bee brought agaiue to the Co't, to h.ave further consideration 
had of the case, whether Sei'j' French had sufficient recompense for the 
lossc of his servant, Edward AValdo, whom Owles concealed, plotting to 
run awaj', &. couucelled thereto. 

Richard .Sra^'th concealing his knowledge of Edward Waldo his 3007. 
intent of rimuing away, is bound in ten pound to appeare at the next 
Co't. 

Robert Wyer is put to Leonard Bowtle, with his ^Masters consent 3008. 
for the rest of his time. 

AVilliaiu Browne for running away, deriding an Ordinance of God, 3000. 
refusing to give account wliat hee had learned, & refusing to obey hir 
master, was censured to be severely wliipped. 

Robert Mindam appearing haveing bin imprisoned vpon an attach- 3010. 
meut by M' Carapian, vpon pretence of a debt of 35"' to AP Trerice, 
he was discharged, because noc action is entered, nor none appeareth 
to prosecute. 

The IG"' 3'' Mo"' Richard Quick for beoiug distempered by drinking 3011. 
wine, & for his idlenes, stubborues, & dalliance, was censured to bee 
whii)ped. 

Edward Roberts was a[)pointed to pay 12'' for drinking to Richard 3012. 
Quick. 

.John Perry for running away was censured to bee whipped 17'" S*" 3013. 
Mo'". 

Jolin Harding, & John HoUister beeing chosen Constable of Wey- 3014. 
mouth, did take their oath to that place apperteiuing. 23. S"* Mo'". 

M' Baker of Ipswich is allowed to aUoiced to keepe an Ordinary 301o. 
instced of (ioodm. Andrews. 

Edward Ooodnow beeing chosen Clcarke of the Band did take his 301 (!. 
Oatli 5'" 4'" :Mo'". 

M'' Edward Tomlins beeiug chosen is allowed Ensigne at Linn. 3017. 

M' William Tory is api)ointcd Ensigne at Weymouth. ."lOlS. 

Edward Johnson is appointed to traine the Company at Wooborne. 3019. 



Bedham Lands. 



Forbearance. 



The 7'" day of the 4'" Mo'" 1G42. 
p'sent 

The Govcrno'' The Deputie. M'' Dudley. W Bellinghara. 
3P Bradstreet. M'' Stougliton. M'' Flint. Increase Nowell. 
Dedham delivering in a transcript of their lauds, the Co''t gave M"' 3020. 
Allen leave to have the transcript backe againe. 

The other Towues, to wit Boston, Dorchester, Braintree, & Water- 3021. 
towno, had time grauutod them till the 4'" ^lo"' 1C43. 

JP Edward Paine vpon his ap])earance was discharged there beeing 3022. 



>!' I'ainc di^- 

graunted. HOC Actiou entered by Clement Campion, and IP Paine was graunted 



^Yood lined. 



6' C" costs against Clement Campion. 

Edward Wood was fined 8' for baking wheat meale contrary to 3023. 
order. 



Preface. xxxiii 

.'$024. Thomas Scot, & his wife for coniitting fornication before marriage, ^™"' >">'« 

^ ^ ' wivert puiiieh- 

were enjoyned to stand an ho''e vpou the IG"" i/sent, in the market """" f'"' f'"'°i- 

1 ■ 1 I i> 1 CUCOD. 

place, with each of them a paper with great letters, on their hatts. 
3025. Thomas Morrice iiis will was delivered & vpou oath testified by Mornce win de- 

Edward Woolastone, & William Hudson. ^'""'' ' 

302G. Tliomas Whittamore because of his sore leg was dismissed with an Whumore dia- 

admonition. 

3027. Concord delivered in a transcript of their Lands, but vnsubscribed. Concord trans- 

.... ' cript ituperlect. 

which not beeing according to Order, was delivered backe agaiue to them 
to perfect. 

3028. Anne Keayne for hir grosse failing in not testifying the truth, Ke.-iyne Com- 

. , ,, , , . ./ o ittc'd, &c. 

when shee was called vpon oath shee was coimtted to the Keeper, & 
vpon hir petition, & confession of hir fault, she was released. 

3029. Jonathan Bosworth for discountenancing a wittnesse, was coiTiitted Bosworth 

^ bound, & to find 

till hee find sureties ; Samuel Ward, & Nicholas Jacobs were bound in euretyts. 
10"" a peece for Jonathan Bosworth his good behavio', & appearance at 
the next Quarter Co't, & Jonathan Bosworth himselfe was bound in 20"'. 

3030. Eliz : Strainge vpon acknowledgment of hir sincere — , with an ^'i^ : strainge 
jnjunction to acknowledge hir sin publiquely at Hingham, & that to bee 
certified by the Constable, shee was dismissed with an admonition. 

3031. William Jones vpon his acknowledgment here, beeing enjoj'ned to Jones dis- 
acknowledge the like Publiquely at Hingham, with an admonition, & an 
injunction to pay the witnesses 5' a poece, he was dismissed. 

3032. M' Richards is abated twenty shillings of his fine. itichards fine 

3033. [281] John Long Gent, for his misdemeano", distemper in "■-. Long fined, 
drinke, swearing & cursing was fined twenty pound, & to put in sure- 
ties before his departure. 

3034. Thomas Wilson his fine is respited till the end of the second Moneth wiiBonsfine 
1643. and Anthony Staniard is bound in twenty pounds for the pay- 
ment of Thomas Wilsons fine. 

3035. Isaac Morrell was fined 5' for his absence, which hee is to i»ay to Morreii fined. 
the rest of the Jury. 

3036. Nicholas Powell is appointed Surveyo' of the Armes for Dedham. I'oweii Survey- 

3037. It was Ordered that M' Stodder should have three pound of M'' John M' Longs dam- 
Long, for himselfe, & ten shillings for the rest of his Company, for the 

trouble, & danger they susteined by M'' Long. 

At a Small Co^ at Boston, the 28'" of the 5'" Mo"" 1642. 
p'sent 

The Governo'', M'' Dudley. Mr. Stoughton. Increase Nowell. 

3038. Henry Smith not appearing (beeing warned by the Governo'). Smith. 

3039. Margeret Stephenson is judged at liberty to be married to Benja- Stephenson lib. 

^ ertv LTaunted. 

mm Scott. 

3040. The Constable of Eoxbury was Ordered to take care of John Kcmpe cared 
Kempe, servant formerly to Isaac Morrell, both for his maintenance, & 

cure, till the next Quarter Co''t, and then further order should bee 
setled. 

3041. The C'o'^t thought meet Dermondt Matthev/ should bee set to worke Matthew to 

workc 

by such, as have occasion to imploy him, vntill his M"' shall appeare, & 
take co'se about hiin. 



XXXIV 



Preface, 



Bradley Admin- Katheriii Bracllev is c;rannted administration of hir husbands estate, 3042. 

who gave hir all his estate, only some cloathes, & tooles to his brother. 



Roberta com- 
itted. 



Cooper. 
Hubbard. 
Converse 
cour^tiible. 
Bnsworth dis- 
charged. 
Sever fined. 



The Elders ad- 
vice desired. 



TVooldrige 
fiued. 



Batter costs 
grauutcd. 



Lewis wbipt. 



Cole to worko. 



\VaIcot "Whipt. 



"White coraitted 
reteas. 



net. 

Whipt, &c. 
Cotcree whipt. 



Juryos verdict 
returned. 



Part of Mo. 

Thyeryert 

estate. 

AV ail's fined. 



Cult- put to 
llawuid. 



At a Quarter Co't the C* of the ''^ Mo'" 1C42. 

p'sent. 

The Governo' The Deputie Gov' M'. DucUej'. M'. Bellingham. 

M'' Saltonstall. M' Stoughtou. M"' Bradstreet. M' Fliut. Increase 

Nowell. 

George Roberts was comitted to the keeper for his ill carriage, but 3043. 
after had leave, to goe take care of his corue, beeing it lay vpoa 
spoj'ling. 

Thomas Cooper, & Joshua Hubbard Constables of Hingham. 3044. 

Edward Converse Coustable of Wooborue. 3045. 

Jonathan I5osworth is discharged from his bond. 3046. 

Robert Sever for his miscarriage in neglecting the watch, is fined 3047. 
twenty pound which tlie Co''t dotli respite. 

Several! of the Members of Hingham, vpon admonition of the Co't, 3048. 
did refer it to the Co''t, to speake to the Elders to consider the case, & 
to send some of themselves to see, if it may please the Lord by advise 
to helpc to reconsile their differences, and settle them in a way of Christ. 

]\r John Wooldrige was fined 3"', & enjoyned vpon paine of .5"' to 3049. 
acknowledge his offence, at Boston, Charlestowne, & Cambridge, read- 
ing an acknowledgment, written for his drunkenesse, & swearing. 

M' Edmund liatter bad six shillings, eight pence cost graunted 3050. 
him, against M' John Humphrey for serving him to appeare, & not 
prosecuting. 

John Lewis for ruuning away, and breaking an house, was cen-3051. 
sured to bee whipped, & sent home to his Master. 

Richard Cole was coiTiitted to worke for his liveing, till a master bee 3052. 
found for him. 

AVilliam "Walcot was censured to bee whipped, & kept in Prison, 3053. 
till further Order, for his idlenesse, & abuse of his friends. 

Richard AVhite beeing cofhitted for refusing to watch, vpon his sub- 3054. 
mission he was released. 

Anne Hett for attempting to droune hir child was censured to bee 3055. 
whipped, and kept to hard labo% & spare diet. 

Thomas Cotcree was censured to bee severly whipped, for his 3056. 
vumeet dalliance witli two or three girles. 

The Jury returned verdict about the death of Richard Silvester his 3057. 
child. 

The Governo'' hath in his hands about 4"' of the estate of one 3058. 
i\Iountsier Thyery, a French wan, that dj-ed here. 

[28*2] George ATatts is appointed to give ten shillings in cotton 3059. 
woole for swearing. 

Richard Cole is put to William Haward for a yearc, vpou such 3060. 
wages as shall bee suteable to his i/earnings. 



At a Co''t at Boston the 27"' 8'" Mo"- 1642. 
p''sent 
The Governo' M' Dudlej'. M' Bellingham. Increase Nowell. 



Preface. xxxv 

3061. Samuel Finch, & John Gorton, for not appearing vpon tlie Alarnie, ^,'*"^^j'^"''""' 

tiieir excuses were accepted, and they freed. Robert Vniou not appear- Vuion» Hne 
ing vpon the Alarme, his fine of o"' is respited, till the Generall Co'^t. 

30G2. AViddow Merriam is graunted administration of hir late husband widdow Mit- 

. ri.ini adrainis- 

Merriam his estate. tracon graunted. 

30G3. AVilliam Web for his neglect, in not carefully attending the Order Web fined, 

of Co't about his bread, is fined ten shillings. 

30C4. Vpon Consideration (severall Petitions p'ferred to tliis Co't) It was '^"('^'J^'J'' "P" 

Ordered that M' John Smith, IPWilliam Bacon, togeather with M'John 
Oliver, Lervt' Lusher, & Anthony Fisher, these, or any three of them 
whereof the said M' John Smith, & M"' John Oliver to bee two, shall 
have power to take into their custody all the bookes, & writings of the 
said Edward Allen, to cast vp, & to cleare the accounts, for deviding of 
the interests of the severall Parties, & to pay, & receive all debts and 
to certify the Co't with what speed they maj'. 

3005. The Treasure'' had order to pay M"^ Oliver the suiTie of li"" for his M' Oliver's 

Bume. 

paines about Mansfield. 

3066. John Newton, & Edward Allen are graunted the Administracon of '\f™n|'ed"''"°'' 
the estate of M'' Edward Allen. 

3067. Davyd Conway servant to "NV" Beanisley, for resisting his master f"°"»'^y '"hipt. 
was censured to be whipped. 

3068. John Neale ser\-ant to M'' Coekram was coiuitted vpon suspition of ^'"'='''' <^^'>™'"'<i. 
felony. 

3069. William Hudson was graunted six shillings, eight pence against nudson costs 

J^ != ; a ' = grauulcd. 

Symon Kempthorne, for attaching, & causing him to attend, & not 
prosecuting. 

3070. Frances Pembroke tooke hir oath, that M' Allen, vpon his death *•' ■^."';°« s'" 
bed gave his estate to John Newton, & Edward Allen his kinsman, & 

that he was then, & after in good memory, & vnderstanding. 

3071. The \^^ of the 9"" IMo* 1C42. Daniel Mansfeild is put to William Mansfeiid to 

Deuux. 

Denux for five yeares from this p'sent day. 

At a Quarter Co't at Boston, the G'" of the 10'^ Mo* 1C42. 
p'sent. 

The Governo' M'' Dudley. M"' Bellingham. M' Flint. Increase 
Nowell. 

3072. Charles Cadwicke, & Robert Holmes, arc fined three shillings, foure chadwicke. 

Holmes lined. 

pence a peece, for beeing absent, bemg warned. 

3073. Edward Lewis, Williams, John Shearman, & George Mun- ^'=>''f''er8ap- 

' ' c5 pointed. 

nuigs, are appointed to view the leather which is tanned in Watertowne, 
& to certify vpon their oathes, (& in perticular leather tanned by 
John Winter, for which liee was p'sented, which John Warren can testify) 
at the next Quarter Co't. 

3074. William Shepheard for covenanting for 15"' wages jo annum, is fined shepheard 
two pound. 

Laurence Copeland for covenanting for l')"" wages ^ annum is fined Copeiand find. 
2"', beeing both released one halfe of the time, which was ordered to 
bee stayed in John Mowers hand, and bj' him, to bee payd two shillings 
to Martin Saunders, & 3"* 18= to the Treasure'. 

3075. Watertowne p'seutment is referred to the next Quartsr Co't. p'8e'n''mC ""^ 



XXXVI Preface. 

^lowld'''" ^* ^^^ ordered that M' Hibbins should bee allowed twenty pounds 3076. 

for his horse killed in Puiique service. 
M'Barthoio. jvp Bartholomew his cause, vpon his brothers vndertaking to bee 3077. 

mew cuuse ^ ° 

refered. surety to answer for his brother, at the next Quarter Co't, it was re- 

Capt.KcayneB ferred to the next Quarter Co't : And Capteine Kcavues Action is 

AutioD defer. i j 

deferred by consent, till M' Bartholomew doe come. 
Weaneto David Weaue by consent put himselfe to Hugh Gunnison for 3"" 3078. 

15' till that bee wrought out. 
Addington Isaac Addiugtou did depose that Timothy Iliggenson had G. gallons 3079. 

deposition. . ' . • ^^ '^ 

of M'' Eldreds wine, Robert Gillam had 5. gallons, William Pearce as 
hee thinketh had 5. gallons, & himselfe had 5. gallons. I 

Dexter'' '° Dcarmaut Matthew is put to Thomas Dexter for the rest of his 3080. 

time. Dexter promiseth to pay what wages Dearmant proveth to bee 
due, and all is referred to M' Sadler, & goodraan Armitage to lieare, & 
end all businesses, & the 3 attachments are discharged. 

Walton ii.ave his It was Ordered that ^l' AValtou should have his goods againe, 3081. 

goods at^aine. ^ ° 

which were vnju.stly taken and the Arbitrato" to end the businesse of 
the sow, if they can. 

^rfumed [383] Jolm Lee is graunted six sliillings 8. pence against 3082. 

Kich.ard Lettiu, for somouing him to appeare, causing him to attend, 
& not prosecuting. 

nraintroe fined. Martin Sauudcrs vndertooke the Bridges, p'sented, should bee re- 3083. 

paired, soe Braiutree was fined three shillings, foure pence. & dischai'ged. 

M'Rucii. It was Ordered that M'' Ruck, & Goodman Stow, should bee sent 3084. 

vnto, to come in at the next C'o''t, & should shew how they have dis- 
posed of the .JO"', or bring it in, or shew why they should not. 

Davios fined. AVilHam D.avics was fined 5"" for his contempt, in keeping victu- 3085. 

ailing against Order of Co't. 

iiinL'iiam dia- Hlngliam vpon oath given, tiiat the way is made out, is discharged. 3086. 

eliiirued. '' . 

i;...itoii dis. Boston is discharged, the way to Charlestownc being made good. 3087. 

ii'M-ntiniuta Thc otlicr p'seutineuts are respited till the next Quarter Co''t 3088. 

respited. 

because oi the weather. 
Ki. Hasnet put The 11"' Mo"'1G4l'. 5. day. Elizabeth Hasnet is put to 'William 3089. 

to \\ ilson. *' A 

"Wilson, for 50' wages, for the yeare. 
wiciiscon- The 12"' day. George Wicks beeiug chosen Constable of Dorchester 3090. 

stable. . c? 

tooke his Oath. 

At a Quarter Co'' at Boston the 10"' of the 4"' Mo"' 1643. 
p'sent 

The Goveruo' The Deputie. M' Dudley. 
M' Belliugham. JP Saltoustall. M'' Bradstreet. 
jNP Ilibbens. ^i' Flint. Increase Xowell. 

itidwayp:,yd. jt .„.^g Ordered that forty five shillings of the estate of M' William 3092. 

Bladen, should bee payd to James Riddwaj-, who was his servant for 
his yeares iirovision. 
Boston p'sent- xhc Townc of Bostou becing i/sented for defect of their high- 3093. 

ed. ^ L o 

waies, thej* had bin p'sonted foe 
M' Oliver payd. It was Ordered that 'SI' Oliver slionld have for his paiues, & charge 3094. 

about the Saylo"^ three pound, .ibout ]Mansfeild twenty shillings, about 
Kemp seaveu pounds ; togeather eleven pounds. 



Preface. xxxvii 

3095. Robert Heathersby appeariug is discharged of liis bond, & graunted "'^Jr'" ed''^ **"' 
10' costs against. 

3096. James Brittaiue beeing p'sented, & traversing the p''sentment was Urittainere- 

=■ ' ' o 1 spited 5:c. 

respited to the next Co'^t, and bound hiniselfe in twenty pounds to 
appeare then, & answer. William Brandon to appeare for a witnesse. 

3097. Thomas Layton appearing was discharged. Jhfr°e.i'"' 

3098. Richard Smyth beeing convented, for beeiug privy to Edward **">'"» ^"''"'"J- 
Waldo his intent to run away, which was wittnessed by Blith Bull, hee 

was eomitted to. 

3099. George Mills for a Battery is fined ten shillings. Miiis fined. 

3100. Richard Willis for a foule Battery is fined 2"" 10% & eomitted tiin^'i'ii' fined 

'' com. 

hee pay or give suflieient security. 

3101. AYilliam Chadborne, senio', John Low, Robert Butcher, William '■hadborne. 

Law, Butcher. 

Affeild, John Woodward, Ambrose Leach & Sacheas Bosworth were Amnd. wood- 

. ward itc. fined. 

fined 10' apeece, for drinking too much. 

3102. Ralph Golthrope is fined 10' for beeing distempered with wine. Ii,°ed'™'"' 

3103. William Filpot was admonished to take heed of suffering drinking F'h'"' admon- 
in bis house. 

3104. Anker Ainsworth beeing p'sented for taking excessive wages, it Ainswoitii dis. 

" ' =" = ' charged. 

did not appeare, & soe hee was discharged. 

3105. M'' Dravtons Cause against M' Wannerton is transmitted to the M''- nraintons 

•^ ° cause traiiBin. 

Co't at Piscataq. 

M' Stodder beeing p''sented for selling cloth at an excessive rate, *'' i^todder 

° \ ^ . . . . P'sented, disch. 

it appeared noe excesse in him, soe hee promising to satisfy M' Paine 
was discharged. 
3107. Henry Leake, & his wife for fornication were eiiiovned to appeare Leake fchu 

-' ' J 1 I wile, for fornl- 

caiioii to ac- 
kuuwledge. 



the next Lecture day, at Dorchester after the Lecture, and to acknowl- caaontoac- 



edge their fault. 

3108. John Smvth Clarke of the Band at Dorchester. ^;''-r"'n^'^"'° 

of the Hand. 

3109. Francis Pemble bound him in 20* to appeare at the next Co't, to i'embie bound. 
answer for his lewd, »& reproachful! speaches. 

The 27'^ of the 5* Mo'" 1643. 
p'sent 
SP Governo'' JP Dudley. SP Bellingham. M' Ilibbens. Increase 
Nowell. 

3110. Nicholas Rogers for beeing distempered with wine, or strong Rogers fined, 
drinke, was fined 2"" who being imprisoned is remitted to ten shillings. 

3111. William Scutt for selling powder, & shot to the Indians was fined ^"^'i,?' t',',"' 
10"" to pay the halfe, when corne is payable, & the other halfe a 12. lu^ian*, fi:;cd. 
Mo"' after, & Thomas Spaule is surety. 

3112. Samuel Bacon for stealing wine, & other thinges, was censured to B-acon stealing, 

^ o ' -wliipt, ^;c. 

be severely whipped, & to make double restitution, to M" Hull, & his 
Dame. 

3113. Robert Rogers was, for receiving stoUen wine, being consenting in ?;,",'^,''„''j,^°i"^™' 
it, enjoyned to pay M' Manning 32' & fined to the Countrey 40'. fl»«' *^e, 

3114. Miles Tompsou for drinking with them, & beeing privy, was to pay Tompson, 
M' Manning 16'. 

Toby Davies beeing piivy, & drinking with them was to p.ay ]\P I'^'es- 
Manning 10'. 



XXXVIII 



Prefa 



Wyar. 

Cooper. 



Tapping for 
theit, wbipt. 



Lnngtey Lin 
Constable. 



[284] Robert AV^^ar for drinking witli Bacon, beeing privy to the 
taking of it, was enjoyned to pay M*" Manning 4^ Thomas Cooper for 
drinking, beeing privy to the manner of taking it, to pay M"" Manning 4^ 

Nathaniel Tappin for breaking, & breaking into severall houses, 3115. 
and stealing severall thinges, was censured to be whipped, & put to 
Goodman Gillara. 

William Langley beeing chosen Constable of Linn, tooke his Oath. 3116. 



Clough fined. 
Colthrop fmod. 

Legacyes payd. 



Wilson fornica 
con lined. 

Nappev dis- 
charged . 



Bairetow die- 
cbalgi'd. 
Eliz. Vane 
comitl. releas. 



J/=araeB Tling- 
h:im Const. 
<U*1I wliipt. 
runing away. 



llartlc't wbipt. 

tiiiL-d. 

Jjay coniitted. 

Gamagc whipt. 



Arbitrato"". 



Anker fined. 

AI"". rendloton 
fcjudbury. 



AValtfl Cued. 



Perj'. Wardall 
Kxiter. 

Lewis L-njoyned. 
Lewis freed. 



AdminiBlration 
graunted. 



At a Quarter Co't at Boston the 5"' of the '"■ Mo"" 1643. 
p'^sent 

M'' Deputie Gov"' M' Dudley. W Belliugham. M' Saltonstall. M' 
Pinchon. Jr Bradstreet. M"' Flint. Jr Symons. IP Hibbeus. Increase 
Nowell. 

John Clough is fined G" S* for his absence when the Jury was called. 3117. 

Ralph Colthrop was fined 3' for his disteny> in driuke, & if he fayle 3118. 
in th.at agnine, to have Corporall punishment. 

It is Ordered th.at vpon the Letter of Atturuey shewed heare in 3119. 
C'o't, the Legacyes should bee payd by M' Smj'th of Springfeild to 
John I'ortor. 

Gawen AVilson is fined twenty shillings for fornication, which M' 3120. 
Bozoon Allen vndertooke to satisfy in cotton-woole by M' Coitniore. 

George Napper was discharged, & coiuitted to his Master, and to 3121. 
stay witli him, soe much longer for the time hee hath bin absent. 

William Bairstowe appearing was discharged. 3122. 

Elizabeth Vane, for hir miscairiage in iibuseing one of the Magis- 3123. 
trates, & M" Newgate, was coinitted at the pleasure of the Co't, & 
vpon hir humble Petition, & acknowledgment, was released. 

Fr.nucis James chosen Constable of Hingham, tooke his Oath. 3124. 

Richard Gell servant to Francis Fel/inghani of Salem, for running 3125. 
away was censured to bee whipped, & sent to his Master, whom hee is 
to serve for the time hee hath lost. 

John ]?artlet for his swearing, theft, & druukenes was coinitted to 3126. 
Prison, & censured to bee whipped, & fined twenty shillings. Stephen 
Day for his defrauding severall men was coinitted. John Gamuiage for 
his swearing, drunkenes, & other prophanes, & disorder, was censured 
to bee well whipped. 

M' Symons, M' Fowle, M' Smyth, M' Dan, & Goodman Bendall, 3127. 
are appointed b}' consent to arbitrate betweene M' IIumphre\' & M' 
Robert Saltonstall. 

Thomas Anker payd 5' for his desteni/j in drinke which 3128. 

M"^ Briant Pendleton is ap|)ointed to exercise the Company at Sud- 3129. 
bury. 

George Watts for his dcslenijo in drinke, swearing, & abusing tlie 3130. 
watch was fined 10"' & to p.ay to pay, or give sullicieut security before 
hee bee released. 

Sorjt. AVardall is appointed to traine the Company' at Exeter. 3131. 

Lewis is enjoyned not to strike his servant John Lowe, & to set the 3132. 
said John Low free the 24'" of the 4'" Moneth 1644. 

Andrew Allen is grauutcd .administration of his Brother Edward 3133. 
Allen his estate, who was killed tha fourth of this p'seut Moneth. 



Preface. xxxix 

3134. The eighth Mo"' twelfth. Nicholas Rogers for his chunkenes, and itogers wbipt. 
makeing others dniuke with his strong-water, was censured to bee 
whipi)ed. 

Swiniard Lewis for his beeing drunke, was fined ten shillings, Lewis fined. 
which hee paid. 

3135. The 19. day. Israel Hart is fined twenty sliillings for neglecting Hart fined, 
the watch, and enjoyned .allsoe to pay the two witnesses, and the ortlcer. 

313G. The 20. day. Richard Wood is allowed to keepe an Ordinary at }y°°'' , 

•^ I J Ordinary kee/. 

Roxbury. 

3137. Thomas Burges for his distemper, was dismissed with an admoni- Surges 

" ' ' admonisht. 

tion to take heed of the like fayling. 

3138. Thorn. White is graunted 15' 4'' against Andrew Belcher, for the White costs 
5"* of powder, & trouble he hath put him to. 

3139. Thomas Bauldwin for his miscarriage to his master, and striking Bauidwin 

, . — .,, 1 , . ^ comitted. 

hun was conntted to prison. 

3140. Robert AVright is fined twenty shillings for beeing twice distem- '^"gi'' •in'^'i- 
pered in drinke, or to sit an houre in the stocks, the next Market day at 
Boston. 

3141. William Barnes for swearing is fined ten shillings. Barnes fined. 

3142. James Kinloah appearing for want of proofe hee was discbai'sed. Kinioah 

3143. It was Ordered that F"rancis Lightfoot should liave paid him, by M' Lishtfoot payd. 
Edward Gately ten shillings, and by Joseph Armitage foure shillings, 

for the trouble, & attendance they caused to him. 

[385] At a Co'-t at Boston the 26 of the &^ 1G43. 
p'sent 

The Deputie Governo' M' Thomas Flint. Increase Nowell. 

3144. Leonard F"ryar was fined 10' Leonard Frvar, James Kelme, &Fryarfincd. 

•' Jit Kryar. Kelme, 

David Wayne, all 3. are bound in 40' apcece to appeare at the next ^^yue. i>o>'"t' 

to appeare. 

Quarter Co't to answer for excessive drinking, & distemper. 
314.5. John Garland for stealing sever.all thinges to the value of 3' G'' was Cariandtomake 

■1 . 1 111 ', i- reslilutiou. 

enjoyned to make double restitution. 

3146. Thomas Arnold beeing chosen Constable of Watertowne, tooke the Arnold Water- 

towue Const. 

Constables Oath. 

3147. The will, & Inventory of William Fry, to the Recorder was deliv- Fryoswiurc- 
ered the ninth of the ninth Moneth, the widow beeing Executrix, and 

the wittnesses Thomas Bayly, & John Burgcs tooke their Oaths. 

3148. David Dauliug, Mary Audley, & Jane Jeffrey, for their filthy, & J^-''."''5=g^^"''- 
vncleane practise, were censured to bee severely whipped. wkpt. 

At a Co't at Boston the 5* of the 10"> Mo"' 1G43. 
p'sent The Governo' M"^ Dudley. M' Winthrop Jun''. 
M'' Stoughtou. M'' Ilibbens. M' Flint. Increase Xowell. 

3149. Capteine John Chadwicke for swearing many oathes, and other dis- Capt. rhnd- 

. , wifke lined. 

order is hned twenty pounds. 

3149. Capteine Aaron Williams for distcm« in drinke, is fined ten '"'!''■ WiHii'ms 

^ fined. 

shillings, which hoe paid. 

3150. It was Ordered that .Tohu .Johnson the Surveyo'' should take out <<f Pouidiers 

cliarires dis- 

the Cattell which came from Providence, the money disbursed for that bursed. 
Company. & vndertaking, which is twenty five pounds three shillings, 
& nine pence, as p ^ticulers. 



XL Preface. 

Sudbury Mm The owners of Sudbury Mill are fined 3' 4'' for want of Scales, & 3151. 

Weights, and they are to provide them, by the next Quarter Co't in 

paiue of twenty shillings. 
Dedham truiiB. Dedham delivered in a transcript of their Lands, and was dis- 3152. 

cripL accepled. , -r^ii -, n •* • •* i-\ 

charged ; and for the way betweene Dedham and Cambridge, they 

have time till the fourth iiioneth next, 
rain'.ersiockt. Thomas Painter for disturbing the Church of Hingham, was cen-3153. 

sured to bee sett in stocks a Lecture day, at Lecture time, except hee 

humble himselfe, and give the Clmrch satisfaction. 
Ardwnj- Abner Ardwav beeing accused for dallying with Mary Giles for 3154. 

;trc-u^ud. dls- .. O .,0 ./ 

mi»»id. want of proofe he was dismissed with an admonition. 

r.oiid dismissed. Johu Read for refusing to watch hee was dismissed, and the thing 3155. 

w'iiiiamBttiiipt. to bee considered. David AVilliams for assaulting the watch was cen- 
sured to be whipped at Braintree, and warrant to George Read, to stop 
Porter con- q„j yf tjjg wagcs, to pay the witnesses. AVilliam Porter for refusing to 

Mdered of. ^ i i. j o 

watch to bee considered of. 
Archers whipp. John Archer for resisting his ^Master was censured to bee whiijped, 315G. 

iiig respited. ° l l i 

which is respited. 
Jo°°sX?ed''oi^''' James Loransou, Johu Callwell, Thomas Danfort, John Gill, and 3157. 

his wife, with John Pope beeing p'sented, for taking too much wages, 

to bee considered of. 
.Tohnson chosen Edward Johuson beeing chosen Leivt' of Wooborne is allowed of. 3158. 

J.eivleliant. ° 

Mcrryfeiid re- Heurv ISIcrrvfeild lieeinsT p'^sented for lewd speeches, is respited. 3159. 

spiled, lieainis ^ ^ o i. i ' » 

tiued. John Ikamis for freeing his servant against Order, was fined ten 

Mr. r.roughion shilliuss. M' Brouglitou is dismissed, hee beeing not respondent for it. 

dismissed. » ^ ' D i 

Baruard fined, joim Barnard for his daingerous well, is fined 10' and enjoyned to make 

it safe with 28 daycs, vpou paine of 40'. 
Adams Prain. Ileury Adains beeing chosen Constable of Brainti'ee, tooke his Oath. 31 GO. 

tree Couslali. •' ° 

Goiiiiropwhipt, Ralph Golthrop for beeing againe disteniy^ed with drinke, was cen- 3161. 

sured to bee whipped, which if hee bring sureties for his good behavio'^ 

and pay twenty shillings, hee is discharged. 
*'ruinied ™''" Clemciit CaiuiHon is graiiuted three pounds G. shillings, & 8. pence 31G2. 

against John Rogers, for attaching him, & not prosecuting. 
Kiihimsier John Killuiaster for beeing twice distempered with drinke was 3163. 

tilled. ISettS c 1 

diseharaed. fined twenty shillings. Johu Betts appearing, for want of proofe was 
Weatiicriy discharsxed. Thomas Weatherly for swearing, & ciuarrelliuE was fined 

lined. ^ j ^ t. ^ 

twenty shillings', and to pay the wittnesses five shillings. 
Hudson oidi- William Hudson Juuio'' is allowed to keepe an house of entcrtein- 31G4. 

llaiy Kee/. 

ment. 
M'Stiicman jp Stilcnian aijpearing about the way, for want of wittnesses, was 31G5. 

discharged. i i o 

discharged. 
Fryar. Keime. Lcouard Frvar, .Tasn Nclme, & David Wayne forfeited forty 31 GG. 

■\Vaine. forfeit. " 

shilnngs a pcocc for not appearing. 
Wright bound. Geofgc AVright for his attempt to vncleanes with a married woman, 31G7. 

is bound to his good behavio'' iu forty pound, & to appeare at y' Quarter 

C'o''t the first ^loneth, and to pny the wittnesses. 
Knop ordinary William Knops wife is allowed to koepe an house of enterteinment. 31G8. 

osi.ornc costs Richard Osborne was irraunted six shillings, 8. pence, against 31G9. 

urauiUed. ' . ^ 

Thomas Turner for warning hini to appeare, & not prosecuting. 
chi'irL'e.i fmm Capteiue Aarou Williams is discharged from Capteine John Chad- 3170. 

wKiIe!"'^ *''""*' wicke, in regard hee swore liee would kill him, as was testiiyed. 



Pre fact. XLi 

3171. Attachments were graunted against such as beeiug warned did not A"arbm.. 

^ ^ o grauultd. 

appeare, as, Carew Latham, Kichani Quick, Samuel Finch his wife &c. 

3172. M' Dunstei's Petition is grauuted him, & any two of the Feofees to M'Dunsters 

1, .... ' ^ IVtition 

nave power to dispose of thmges, and to receive, & pay the debts. gruuuted. 

At a Co't at Boston the 25'" of the 11'" Mo'" 1G43. 
p'sent 
The Governo' JP Dudley. M' Hibbens. M' Flint. Increase XowcU. 

3173. The Constable of Boston is fined ten shillings for not retiirniuo- his noston const. 

on fined. 

warrant. Thomas Grub not appearing upon the Jury is fined o' this is liruijs tine dis. 
discharged. Thomas Moultou for his light carriage, is bound in ten MouUoa bound. 
pound to bee of good carriage, and to appeare at tlie next Co't. 
3175. [286] Bridget Barnard for stealing from iP Stodder yards P^fn^idetcai- 

of ribben 3' 24. douzen of buttons, 4' from AVilliam Knop senior i yard 
of bayes 1" 6" from Goodw. Button a peece of callico, 8'^ & from John 
Trotman 2. paire of shooes GS 

3174. William Flint beeinga married man haveing gotten a slutt with child Flint fornica- 
IS fined 20'" whereof 10'" is left to the Toune of Salem to bring vp the 

child with, and the other ten pound to the Publique, and to lye in 
Prison till hee pay it, or give security. 

3175. ip Treasure' was desired to cast vp Goodm. Turners bill, & if it be Co" Charges. 
found right oS'" 15' 6'' to allow it. 

3176. David AVeane is remitted 20* of the 40' forfeited for non appearance, ^ye.^nc8, 

to pay the other 20' which George Burden vndertook to pay, within a paii'lcmuitd" 
Month. Jasys Nelme is remitted 20' of his forty shillings forfeited, to 
pay the other twenty sliillings. 

3177. William Chadborne appearing to answer John Shaw is discharged chadbome 
for the p'sent. 

3178. The transcript of Watertowne Lands is respited till the Quarter Watcnowne 
Co't in the 4'" Mo'" next. s'JIipt lispitcd. 

3179. Mary Bentley for stealing /or stealing M' Waltous Jewell of ip Binticy eteai- 
price, hee haveing the Jewell againe and 9' C* of hir wages shee is to pay u^siitution. 
18" more. 

3180. John Parker appearing vpon suiiions from John Kendall, & rarkerKendai. 
Kendall not prosecuting John Parker is graunted six shillings, eioht 

pence against Kendall. 

3181. The 2" of the 12'" Mo'" Hugh Mason, and George Munnings, beeing Mason, 
p'sented for sealers, & searchers of leather. Eichard Bayly put him- ^"i"i"""'' 
selfe for 4. yeares to Abramim Hill, from the 13. of yMl Mo'" past. i*''5'>'° "'"• 

At a Quarter Co't at Boston the 5'" of y"" 1" Mo'" i§4f . 

p'sent. 

The Governo' The Deputie Gov' M' Dudley. M' Belliugham. M' 
Winthrop jun'. M' Bradstreet. M' Hibbens. M' Flint. M' Symonds. 
Increase Nowell. 

3182. George Frost beeing distempered with wine was fined ten shillings. Frost distem- 

3183. John Hart beeing distempered with wine was fined twenty shillings, i^^'t <ii,stim- 

3184. Thomas Cooper beeing absent from the Grand Jury, when it was (r'ooi't-r I'an^i 
called, is fined six shillings, eight pence. Benjamin Gillam beeino- ' """ 
absent from the Jury of Tryalls is fined five shillings. 



XLII 



Pre/a 



Ilalht^eds In- 
ventory, bis 
cliiesi Bou Ad- 
miuibtiulo^ 



Fryare forfeit- 
ure remitted, 
for diflleiii/ 
hiH-d. 
Lai hum. 
Johneon. 
Hauldwm. 
0Ded. 

Aonc Clarke 
divorced. 



■\Vriaht die- 
charged. 



Milam dis- 
charged. 

^r^Pulchfeild 
tiiKd. 



.Xmodowne. 
Ilurri8. 



r.rittainc. 
Latham for 
adultery con- 
demned. 

Taylo'- 
BetsoD. 



Pmith theft 
Hucd. 



Slow. Concord 
'I'll acres. 



Mo\dton di8- 
eharu'ed. 
liichardson 
pequeptrcd 
from Fryar. 



Co't Charges. 



Slorrickeei fined. 



Orton. ^,. , 
^1 , JiTied. 
^heep. 



3186. 
3187. 

3188. 



The Inventory of Nathaniel Halsteed amounting to 213"' 13' 2" was 3185. 
l/seuted, & it was ordered the eldest son should have 100"" 10' & the 
other 2. children, 106"' 10% & the eldest son AVdliam is graunted to bee 
administrator. 

Leonard Fryar his forfeiture is remitted, & hee is fined 15' for 
distemper iu drinke, & disorder. 

C'arcw Latliam is fined 10' for liis disorder, & dismissed. Edward 
Johnson jun' for iinoderate drinking was fined 5% & dismissed. John 
Bauldwin for excessive drinking, was fined 5% & dismissed. 

Anne Clarke beeiug deseited hy Denis Clarke hir husband, & hee 
refusing to accompany with hir, she is graunted to bee divorced, his 
refusall was vnder his hand, & seale, which hee gave before M'' John 
"Winthrop jun'' M' Emanuel Downing, IP Nehemiah Bo''ne, & Richard 
Babington, alsoe hee confesseth hee liveth in adultry with one, by whom 
hee hath had 2. & refuseth hir which hee had 2 children \>y. 

George AV right appearing & testimony of his good carriage hee was 
discharged. 

John Jlihuii appearing, & declaring hee had the cloth of M' 
Stoughton for 9' hee was discharged. 

~SV Thomas Dutclifeild for distemper in drinke is fined 10' & ad- 
monished, & dismissed. 

Roger Amedowne was eujoj-ued to pay 2' 6'* fees, admonished, & 
discliarged. John Harris to pay two' C' fees, was admonished, &. dis- 
oliargcd. 

James Brittaine beeing found guilty of adultery with Mary Latham, 
he was condemned to deatli. Mary Latham beeing found guilty of 
adnltiry with James Brittaine, she was condemned to death. 

Rebecka the wife of John Taylor. 

Stephen Bctson for his sinful! attempt hee was bound to his good 
behavio'', & enjoy ned to api)earc y" next Co''t. 

iS'atlianiel Smith for his theft was ordered to pay Capt. Sedgwicke 
49' it lined 20' for his intem^siate drinking. 

A'pou releasment of John Stow, Concord men are gr.aunted Power 
to seize the 222. .acres of Land, & hay, & debts due by auj' rent of the 
said Land. 

Thomas ]\Ioultou appearing was discharged. 

It was Ordereil that John Rieiiardson should be scquestrcd from 
Elizabeth Fryar, to whom lie was married, y" 12"' of the 8"' Mo">, & 
neitiier to meddle with liir Person, nor estate, till thingcs bee cleared by 
advice from England, & Cluistop. I.awsou is to keepe 5' p weeke out 
of his yearnings, when his debts are paid. 

Francis Smith is graunted his bill of 2''' V IP* for ferridge, & horse 
pasture, of Jlagistrates, & Deputies horses from the 25"' of y" 2* IMo'"' 
1012. to tlie 5"' of the P' Mo"' {^,\}. 

[*-iST] James. & John ^lerricke for drinking intemperately, and 
suffering others to drinke at their house, & selling wine, are fined 10' 
apeeee, & to pay 2' 0'' apeece, fees. Thomas Oitou for intemy^ate 
drinking is fined 5' & 2' 6'' fees. Thomas Sheepe for iutem^ate drink- 
ing is fined 5' & 2' O"* fees. 



3189. 
3190. 
3191. 
3192. 

3193. 

3194. 
3195. 

3196. 

3197. 



3198. 
3199. 



3200. 



3201. 



Preface. 



MJIl 



3202. The 23. of the 3'' Mo'" Barnabas Fawer tooke tlie oath for Con- 
stable for Dorchester for tlie yeare ensueing. 

The 30"" day. Thomas Richards, & William Kead boeing chosen 
Constables of the Touue of WayniDutli did take their oathes. 

3203. John Johnson, & A^illiara Parks are appointed a Coihittee to 
examine, by the former Comissiono'" or otherwise, to find out, tjutiier 
vp, & receive into their custody, which hereby they are Authorized to 
doe, & to certify how they find thiugcs about M'' Samuel Cooke his 
estate. 



Faw.T. 

l>ori:hep1er 

CotiBtaliUf. 

Dlthiiril". 
lliiiil Wiiy. 
luoutll Cu. 

Johnson. 
I'aiks. 
< 'oniUU-G 
M ^ t'ookua 
C'wtate. 




INTRODUCTION. 



The history of the published Laws of the Colony of Massa- 
chusetts is naturally divided into four periods. First, the publica- 
tion of the Body of Liberties in IGll ; secondly, the issue of the 
first collection of Laws, in 1049; thirdly, the revision of IGGO; 
fourthly, the further revision of 1672, with its supijlements through 
1686. 

Having already been able to reprint the edition of the Laws of 
1672, with its supplements, I now have the satisfaction of presenting 
in this volume two of the other earlier documents, namel}^, the 
Body of Liberties of 1641 and the revision of the Laws as printed 
in 1660. The other edition, that of 1649, is doubtless hopelessly 
lost, no copy being now known. We may, however, conclude that 
its title was the same as the first part of that prefixed to the edition 
of 1660; and we are assured by the preface to the last-named booli 
that the edition of 1649 was arranged " in an alphabetical order," 
that it had a preface or " epistle" telling " there would be need of 
alterations and additions." It is also clear that the editions of 166U 
varied from that of 1649 by the omission of such laws as had 
been repealed and the addition of such laws as had since been 
enacted. Those which were omitted cannot be recovered, but by 
comparing the Bod}^ of Liberties with the edition of 1660, and by 
striking out of the latter also all the laws dated after 1649, it 
would still be possible to reconstruct the edition of 1649 in almost 
perfect form. 

It is perhajjs as Avell to state here that for a long time a 
spurious Code of Laws has been cited as the genuine Body of 
Liberties of 1641. I refer to tiie pamphlet issued in 1641 in Lon- 
don, which was undoubtedly the work of Rev. John Cotton. It 
was reprinted there in 16.j5 under the care of "William Aspinwall, 
and has in later years been reprinted, in 1798, in tlie fifth volume of 
the first Scries of the Collection of the Massachusetts llistoriciil 
Society, and, in 1844, in the third volume of Force's Tracts. It was 
also printed in Hutchinson's Collections of Pajjcis (Boston, 1769), 



2 Introduction. 

and i-cprinted with notes in the re-issue of tliat book by the Prince 
Society (Albany, I860). 

Although, as will be shown, the evidence is conclusive that 
Cotton's Code was only proposed and never accepted, while a 
totally ditterent set of laws was actually enacted in lG41,this error 
has obtained in many quarters, and needs to be authoritatively 
denied and disproved. 

Reverting therefore to the facts which can be ascertained, it 
is well to remember that our system of making laws by a repre- 
sentative body was not coincident with the settlement of the 
colony of Massachusetts. The Charter of March 4, 1629, provided 
for a governor, a deput3^-governor, and eighteen^ assistants to be 
chosen fi-om time to time out of the freemen of the company, 
whereof seven assistants, together Avith the two officers, were to 
be a quorum. They Avere to meet once a month or oftener at their 
pleasure, and four times in each year, viz., upon every last Wednes- 
day in Hilary, Easter, Trinity, and Michaelmas terms, were to hold 
a Great and General Court. In the General Court new members 
could be admitted, and at that time they could " make laws and 
ordinances for the good and welfare of the said Company, and for 
the government and ordering of the said lands and plantation and 
the people inhabiting and to inhabit the same, as to them from 
time to time shall be thought meet. So as such laws and ordi- 
nances be not contrary or repugnant to the laws and statutes of 
this our realm of England." (Kecords, p. 12.) 

In fact, for several years after the settlement here the powers 
of the General Court were allowed to lie dormant. The Court of 
Assistants met from time to time, as seemed necessary, but the 
General Court met only as follows: — 

16l>0. October 19. (Kecords, i. p. 79, pi-inted edition.-) 

1631. Mavis. " " i. p. 86. 

]()32. May 9. " i. p. 95. 

1()3;}. May 29. " i. p. 101. 

1631. May 11. " i. p. 116. 

The Records as preserved show both the extent of the jiowers 
exercised by the Assistants, and the insignificance of the action of 

' Tliis number was not observed until IGSO. Before this twelve was the highest number 
actually serving, and eight or nine more usual. — W. II. W. 

- I cite Savage's edition of Winthrop, Boston, 1853 ; and in all cases the printed edition 
of the Kecords, issued by the State. — W. H. W. 



Introduction. 3 

the body of freemen assembled in the annual General Court. The 
Assistants acting as a Court had during these three years inflicted 
fines, Avhippings, and imprisonments, had levied taxes and granted 
lands. In fact, at the first General Court on Oct. ]9, 1G.30, it Avas 
voted " by the general vote of the people and the erection of 
hands," that the Governor and Deputy Governor with the Assistants, 
" should have the power of making laws and clioosing officers to 
execute the same." (Records, p. 79.) 

Winthrop indeed records (Hist. i. Si) that in February, 
lGiJl-2, the settlers at Watertown objected to paying £8 as their 
part of a rate for £60 for fortifying the new town, on the ground 
that the government was like that of a maj'or afnd aldermen. But 
they were convinced by the Governor and Council ^^ that this 
government was rather in the nature of a Parliament." 



In 1634, however, the freemen of the colony showed a desire 
to take a part in the government. "Winthrop (i. 1.52-3) thus in- 
troduces the matter: — 

" Notice being sent out of the General Court to be held the 14th (l;i y of the 
third month called Ma}', the freemen deputed two of caeii town to meet and 
consider of such matters as they were to take order in at the same General 
Court ; who having met, desired a sight of tiie patent, and, conceiving thereby 
that all their laws should be made at the General Court, repaired to the Gov- 
ernor to advise with him about it, and about the abrogating of some orders 
formerly made, as for killing of swine in corn, &c. He told them, that when 
the patent was granted, the number of freemen was supposed to be (as in like 
corporations) so few, as they might well join in making laws ; but now they 
were grown to so great a body, as it was not possible for them to make or exe- 
cute laws, but they must choose others for that purpose : and that liowsoever it 
would be necessary hereafter to liave a select company to intend that work, yet 
for the present they were not furnished with a sufficient number of men qualified 
for that business, neither could the company bear the loss of time of so many as 
must intend it. Yet this they might do at present, viz. they might at the Gen- 
eral Court make an order, tiiat once in the j^car, a certain number should be 
appointed (upon summons from the Governor) to revise all laws, &c. and to 
reform what they found amis.s therein ; but nut to make any new laws, Init pre- 
fer tlieir grievances to the Court of Assistants ; and that no assessment sliould 
be laid upon the country without the consent of such a committee, nor any lands 
disposed of." 

At the meeting of the General Court, May 14, 1634, there 
were present, besides the Governor, Deputy, and six other assist- 



4 Introduction. 

ants, twenty-four deputies, undoubtedly sent by Newtown (i.e., 
Cambridge), Watertown, C'harlestown, Boston, Eoxbury, Dor- 
chester, Saugus {i.e., Lynn), and Salem; three from each place.^ 

This regular Legislature proceeded to vote (Records, i. 117), 
that none but the General Court had power to choose and admit 
freemen, nor to make and establish laws, to appoint or remove olli- 
cers and fix their duties, nor to raise money and taxes, nor to dispose 
of lands. It was also ordered (p. 118), that there should be four 
General Courts yearly, to be summoned by the Governor, and not 
to be dissolved Avithout the consent of the major part of the Court. 
Lastly, they ordered that the freemen of every town might choose 
two or three men to prepare business to be submitted to each Couil, 

— a provision which was soon neglected, — and also the following 
system Avhich has continued ever since. 

" Such persons as sliall be licrpaftei" so deputed'' by the freemen of the 
several plantations, to deal in their belialt' in the public affairs of the connnon- 
wealtli, sliall liave the full power and voices of all the said freemen, derived to 
tliem for the making and establishing of laws, granting of lands, &c., and to 
deal ill all oilier affairs of the commonwealth wherein the freemen have to do, 
the nialter of election of magistrates and other ofKcers only excepted, wherein 
every freeman is to give his own loice."' 

From this time on, the records of the General Court show that 
this body exercised its powers vigorously and extensively, but at 
the beginning Avithout much idea of theoretical legislation. Gen- 
eral laws were often passed, but they related to special subjects, 
often to trivial ones. Xo constitution and no general code of 
system of laws was enacted, though of course the laws of England 
were supposed to be the authority on which all orders or sentences 
were fotinded. 

In IG.'jo a step was taken as follows: At a General Court 
held at Xew Town, May 6, 1635, it was voted (Records, i. 11") : — 

" The Governor [John Haynes], the Deputy Governor [Richard Belling- 
liani], John Winthrop and Thomas Dudley, Esquires, are deputed by the Court 

to make a draiiglit of such laws, as they shall judge useful for the well ordering 
of this Plantation, and to present the same to the Court." 

'■' Siivasru (Wintlirop, i. l.'it) writes tli.it lie identified the resiliences of all but one or two. 
He -.uU^. tliat Ipswieli sent deputies on Mareli 4, lOoS, Weymnutli in Septemlier, 1635, Hing- 
liani in .May, \\\iCi, Newbury in September, 1"..1(1, and Concord in .\pril, l(i37. — • W. 11. W. 

^ " \t first the deputies were cliosen for each General Court ; from lO.'.O to IGtO they weie 
chosiu semiannually ; and in Hji'l and ever since tliat time liiey have been elected once a year." 

— F. C. Gray. 



Introduction. 5 

Winthrop (History, i. 191) confirms this as follows: — 

" 6th of 3d month (May) 1035. Tlie deputies having conceived great 
danger to our state in regard tliat our niagistrutes, for want of positive laws, in 
many cases, miglit proceed according to their discretions, it was agreed, that 
some men should be appointed to frame a body of grounds of laws, in resem- 
blance to a Magna Charta, which being allowed by some of the ministers and 
the general court, should be received for fundamental laws." 

At the General Court for March 3d, 1G35-6 (Records, i. 1G9, 
170), the system of Courts to be held by the magistrate was set- 
tled; and it was ordered that only two General Courts should be 
held annually, one in May for elections and other affairs, and one in 
October for making laws and other public occasions. It Avas also 
provided that, since there might be diflerences in the General 
Courts between the magistrates and the deputies, 

" No law, order, or sentence shall pass as an Act of tiic Court, witliout tlie 
consent of the greater part of the magistrates on the one part, and the greater 
number of the deputies on the other part ; and for want of such accord, the 
cause or order shall be suspended, and if either party think it so material, there 
shall be forthwith a committee chosen, one-half by the magistrates, and the 
other half by the deputies, and the committee so chosen to elect an umpire, who 
together shall have power to hear and determine the cause in rpiestion." 

At the General Court, May 25, 1636, it was oi'dered as follows 
(Kecords, i. 174-5) : — 

" The Governor [Henry Vane], the Deputy Governor [Jolin Wintlirop] , 
Thomas Dudley, Jolm Haynes, Richard Bcllingham, Escpiires, Mr. Cotton, 
Mr. Peters and Mr. Shepherd are entreated to make a drauglit of laws agree- 
able to the word of God, which may be the Fundamentals of tiiis Common- 
wealth, and to present the same to the next General Court. And it is 
ordered tiiat in the mean time the magistrates and their associates shall pro- 
ceed in the Courts to hear and determine all causes, according to the laws now 
established, and wlicre there is no law, tlicn as near the law of God as they 
can ; and for all business out of Court ft)r wbidi there is no certain rule yet set 
down, those of the standing council ^ or some two of them, shall take order by 

' This refers to a cuiious experiment made in 1G3(J, in the form of a council fur life. 
March 3, 1C35-G it was voted tliat tlie General Court should, from time to time, elect a certain 
number of the magistrates for the term of their lives as a Standing Council, to be removed only 
for crime, insufficiency, or other weighty cause ; the Governor always to be president of the body, 
and the power to be such as the General Court might indue them with. May 25, 1C3G, Gov. Win- 
throp and Thomas Dudley were so chosen; May 17, 1607, John Endicott was elected; but none 
othtjrs were ever added. The scheme was connected with certain proposals by Lord Say and 



6 Introduction. 

their liest discretion, that they may be ordered and ended according to the rule 
of God's word, and to take care for all military affairs until the next General 
Court." 

We have seen that in May, 1636, Mr. Cotton, Mr. Peters, and 
Mr. Shepherd were asked to assist in preparing a code, and Win- 
throp gives this further information (Hist., i. 240), under date of 
Oct. 25, 1636: — 

"Mr. Cotton being requested by the General Court, with some other 
ministers, to assist some of tiie magistrates in compiling a body of fundamental 
laws, did, this Court, present a copy of Moses his judicials, compiled in an 
exact method, which were taken into further consideration till the next General 
Court." 

There is nothing to show that any action was taken on Mr. 
Cotton's draft of hiws, nor, indeed, that anything was done by the 
committee of 1635 and 1636. 

At the General Comt, begun Marcli 12, 1637-8, however, a 
vigorous show of work was made. The following order was then 
passed (Records, i. 222) : — 

" For the well ordering of these Plantations now in the beginninjj thereof, 
it having been found by the little time of experience we have here had, that the 
want of written laws hath put the Court into many doubts and much trouble 
in many particular cases, this Court hath therefore ordered, that the freemen 
of every town (or some part thereof chosen by the rest) within this jurisdiction, 
shall assemble together in their several towns, and collect the heads of such 
necessary and fundamental laws, as may be suitable to the times and places, 
where God in his [jrovidence hath cast us, and the heads of such laws to deliver 
in writing to the Governor for the time being before the 5th day of the 4th 
month, called June, next, to the intent that the same Governor [John Win- 
throp] together with the rest of the standing council, and Richard Bellingham 
Esquire, Mr. Bulkeley, Mr. Phillips, Mr. Peters and !Mr. Sliephcrd, elders of 
several churches, Mr. Nathaniel Ward, ilr. William Spencer, and ]Mr. William 
Hawthorne, or tlie major part of them, may, upon the survey of such heads of 
laws, make a compendious abridgement of tiie same by the General Court in 
Autumn next, adding yet to the same or detr.-^cting therefrom what in their 
wisdoms shall seem meet, that so the whole work being perfected to the best 
of their skill, it may be presented to tiie General Court for confirmation or 

Sele and others in Englaml to join the colony, if hereditary rank and privileges were conceded. 
Hutchinson (History, i. 501) copies a letter from Eev. John Cotton to Lord Say, in 103C, wherein 
he cites this establishment of a council for life, as intended as a concession to liim. But the 
popular feeling was opposed to the plan, and it was dropped i'lformally, though for a year or two 
some duties were imposed on these three members. — W. H. W. 



Introduction. 7 

rejection, as the Court shall adjudge. And it is also ordered, that the said 
persons shall survey all the orders already made, and reduce them into as few- 
heads as they may, and present them unto the General Court for approbation 
or refusal as aforesaid." 

The next step is shown by the order passed by the General 
Court, Kov. 5, 1639 (Records, i. 279), viz.: — 

"It is ordered that the Governor [J. "Winthrop], Deputy Governor 
[Thomas Dudley] , Treasurer and Mr. Stoughton or any three of them, with 
two or more of the deputies of Boston, Charlestown or Roxbury, shall peruse 
all those models which have been or shall be further presented to tliis Court, or 
themselves, concerning a form of government and laws to be established, and 
shall draw them up into one body, (altering, adding or omitting what they shall 
think fit,) and shall take order, that the same shall be copied out and sent to 
the several towns, that the elders of the churches and freemen may consider of 
them against the next General Court, and the charges to be defrayed by the 
Treasurer." 

The full meaning of this order and the cause of the endless 
delays are explained by Winthrop's memorandum under the date 
of November, 1639. It is as follows (History, i. 388-389) : — 

" The people had long desired a body of laws, and thought their condition 
very unsafe, while so much power rested in the discretion of magistrates. 
Divers attempts liad been made at former courts, and the matter referred to 
some of the magistrates and some of the elders ; but still it came to no effect ; 
for, being committed to the care of many, whatsoever was done by some, was 
still disliked or neglected by others. At last it was referred to ]Mr. Cotton and 
Sir. Nathaniel Warde, &c., and eacli of them framed a model, wliich were pre- 
sented to this General Court, aud by them committed to the Governor and 
Deputy and some others, to consider of, and so prepare it for the Court in the 
tliird month next. Two great reasons tliere were, which caused most of 
the magistrates and some of the elders not to be very forward in this matter. 
One was, want of sufficient experience of tiie nature and disposition of the 
people, considered witii the condition of the country and other circumstances, 
wliich made them conceive, that such laws would be fittest for us, which should 
arise pro re nata upon occasions, &c., and so the laws of England aud other 
states grew, and therefore the fundamental laws of England are called customs, 
consuetudines. 2. For tliat it would professedly transgress the limits of our 
charter, which provide, we shall make no laws repugnant to the laws of Eng- 
land, and that we were assured w-e nuist do. But to raise up laws by practice 
and custom had been no transgression ; as in our church discipline, and in mat- 
ters of marriage, to make a law tliat marriages shall not be solemnized by min- 
isters, is repugnant to the laws of England ; but to bring it to a custom by 



8 Introduction. 

practice for the magistrates to perform it, is no law made repugnant, &c. At 
length (to satisfy the people) it proceeded, and the two models were digested 
with divers alterations and additions, and abbreviated" and sent to every town, 
(12) to be considered of first l)y tlie magistrates and ciders, and then to be 
publislied by the constables to all the people, that if any man sliould think fit, 
that any thing therein ought to be altered, he might acquaint some of the dep- 
uties therewith against tlie next Court." 

AVe have here the evidence of a most competent Avitness, that 
the delay m framing a code of laws was intentional on the part of 
the magistrates and elders. It is also clear that two schemes were 
framed, one hy Kev. John Cotton and the other by Rev. Xathaniel 
"Ward, and, fortunately, both documents are extant. As already 
stated, Cotton's scheme was rejected; and yet, having been put in 
pi-int imder a false title, it has long enjoyed an undeserved credit. 
The plan proposed by "Ward, possibly amended by the towns or 
the General Court, was adopted in IGil, was known as the Body of 
Libei'ties, and is the foundation of the legislation of Massachusetts. 

This fact, herein fully set forth and verified, ought to restore 
this inestimable document to its proper place, to serve as the 
basis for all future citations of our laws. 

The few remaining entries in regard to Ward's Body of 
Liberties may noAV be cited. At the General Court, ]\fay ]3, 16iO 
(Records, i. 292-293), it was voted: — 

" Whereas a Brc^iate of LaMs was formerly sent forth to be considered by 
the elders of the churches and other freemen of tlie Commonwealth, it is now 
desired, tliat they will endeavour to ripen their tiioughts and counsels about tlie 
same by the general court in the next Sth month." 

At the General Court, June 2, 1G41 (Records, i. 320) : — 

"The Governor [Kichard Bcllingham] is appointed to peruse all the laws, 
and take notice what may be fit to be repealed, wliat to be certified, what to 
stand, and make return to tiie next General Court." 

* TliL'se manuscript copies were made by Tliomas Lecliford, as appears liy lils " Xoto- 
Book" (Uoston, 1SS5, pp. 237-S). He enters. " I writt 5 copies more of the Lawes for the 
Country by tlie direction of our Governor. 11. 8, 1639. Seven of tlieni anil tlie former had 3 
lawes added. A Coppic of the Abstract of the Lawes of Kew England delivered to the Governor, 
11. lo. 1C.39. And 12 coppies of the said Lawes first delivered, viz'., in 10 last. For writing a 
Coppy of the breviat of tlie body of Lawes for the Country. 12. 5. 39. The 3 lawes added to 
the Copie of Lawes for Dorchester, delivered to the Constable, 12. G. 1039. The 3 lawes added 
to 4 more of the said Coppies brouglit by the marshal!. 12. 11. 39. Three Copyes of the said 

breviat delivered to the Governor besides the first, 12. 12. 1039 One coppy of the 

said breviato delivered to Jlr. Bcllingham, with one coppy of the originall Institution and 
limitation of the Councell, 12. 17. 1039. Seven coppyes more of the said breviate. — W. H. W. 



Introduction. 9 

At the General Court October 7, IGil (Records, i. 340) : — 

"The Governor [Bellinghani] and Mr. Hawthorne were desired to speak 
to Mr. Ward for a Cojiy of the Liberties and of the Capital laws to be trans- 
cribed and sent to the several towns." 

Subsequently at the same Court, under the date of December 
10, 1641, is the following entry (Records, i. 344) : — 

" Mr. Deputy Endicot, Mr. Downing, and Mr. Hawthorne are authorized 
to get nineteen Copies of the Laws, Liberties and tiie forms of oaths transcribed 
and subscribed by their several hands, and none to be authentic but such as 
they subscribe, and to be paid for by the Constable of each Town, ten siiillings 
a piece for each copy, and to be prepared within six weeks." 

Finally, at the end of this session of December 10, 1G41, on 
the original record is the written attestation of Gov. AVinthrop as 
follows: — 

" At this Court, the bodye of laws formerly sent forth among tlie Free- 
men, etc., was voted to stand in force, etc." 

"Winthrop (Histoiy, ii. 6G) writes in regard to the General 
Court of December, 1641, as follows: — 

" This session continued three weeks, and establisiicd one lumdred laws, 
which were called the Body of Liberties. They had been couip(jscd by Mr. 
Natlianiel Ward (some time pastor of the church of Ipswich : he had been a 
minister in England and formerly a student and a practiscr in tiie course of tlu 
common law) and had been revised and altered by the Court and sent fortli into 
every town to be further considered of, and now again in tliis Court, tiiev 
were revised, amended and presented, and so establisiied for tin-ee years, by 
that exjierience to have them fully amended and establisiied to be perpetual." 

We have thus, following the exhaustive selections of authorities 
made by Mr. F. C. Gray, arrived at a few certain conclusions. 
First, that John Cotton and Nathaniel Ward each prepared a code 
of laws; secondly, that Mr. Ward's code was adopted in 1641 and 
was the Body of Liberties; thirdly, that his code consisted of one 
hundred laws; and, lastly, that the Athenseum manuscript is a true 
cojiy, containing 93 numbered sections, which, with the Preamble 
and concluding paragraj^h, make out the i-equisite one hundi-ed. 



That a copy of the manuscript Body of Liberties should have 
survived is one of the fortunate accidents of literature. In the 



10 Introduction. 

Boston AthenaBum there is preserved a volume which was formerly 
owned by Elisha Hutchinson, Avho Avas the grandfather of Gov. 
Thomas Hutchinson, and who died, in 1717, at the age of 77. It 
is evident from this collection that Hutchinson gave a careful 
attention to the question of the laws. He had the printed edition 
of 1G72, to which he added the Supplements, making the collection 
so nearl}"- complete that it Avas used for our recent reproduction. 
He copied some laAvs in manuscript, he corrected errors of pagina- 
tion, and in fact did everything possil.)le to perfect his copy. 

Prefixed to the I^aAvs is a collection of manuscripts, as fol- 
loAvs : — 

1. King Charles' Letter from Hampton Court, June 28, 1(302. 

Printed iu Utitcliinson's Collection, ji. 377. 

2. Declaration of tlic General Court, 23 May, 1G()5. 

3. Coniiiiissioners' Eeply, ^lay 24, Klfio. 

Both printed in Hutcliinson, Ilist., i. 240, <S:c. 
4.* King Charles' Letter, Whiteliall, April 23, 1004. 

Printed in 2d Hazard, 034. 
5. Colony Charter ^Nlareh 4, 1029. 

Printed in Hutchinson, Coll. 1. 
0.* Copy of the Liberties of the Massachusetts. 

7. Parallel between the Fundamental Laws of England & IMassaehusetts. A 

part only, the whole is printed in Hutchinson, Coll., 1!)G. 

8. Answer of a Conuiiittee of the General Court to matters proposed touching 

tlieir Liberties, June 10, 10()1. 
Printed in Hutcliinson, Hist., i. 520. 

9. King Charles' Connnission to Col. Nichols. 

Printed in Hutchinson, Hist., i. 535. 
10.* Order in Council, Whiteliall July 20, 1077. 
11. King diaries' Letter, Xcwinarkct, Sept. 30, 1080. 

Printed in Hutchinson, Coll., 522. 

All these documents are on luiiform paper with a ruled border, 
but the first nine seem to be in one handwriting, not that of Eli>lia 
Hutchinson. Numl)ers ]0 and 11 seem to be Avrilten by the col- 
lector and transcriber of the LaAvs. The pagination is 1—47, 
coA'ering only the articles Nos. 5, C, and 7, and the book is in its 
original sheep binding. On the inside of the last coA-^er is the 
autograph "Elisha Hutchinson," and on the inside of the first 
coA'er that of William 8. Shaw, Jan., 181G. Mr. Shaw Avas Libra- 
rian of the Boston Athenjcum from 1813 to 1822, and this boox 

* These three articles were not used by Gov. Hutchinson. — AA'. H. W. 



Introduction. 11 

was doubtless acquired through him, although there is no record of 
the early accessions to this library. 

From the fact that eight out of the eleven manuscripts were 
printed by Gov. Hutchinson, it must be conceded that he probably 
used tliis volume. It seems strange that he did not recognize the 
value of this copy of the Body of Liberties, and that he should have 
assigned any hand in the compilation to Rev. John Cotton. In his 
note to his reprint of Cotton's book, Hutchinson writes: — 

' ' It should rather be entitled An Abstract of a Code or System of Laws 
prepared for the Commonwealth of tlie Massachusetts Bav ; for altliough when 
they compiled their laws, they made tiiis abstract their plan in general, yet they 
departed from it in many instances, and in some which were very material." 
Again, Hutchinson writes (Hist., i. 442), "In the first draught of the laws by 
Mr. Cotton, which I have seen corrected with Mr. Winthrop's hand, divers 
other offences were made capital, viz. — " (Here he cites Nos. X., XIII.. XVIII., 
XIX., XX., XXI., of Chapter VII. of Cotton's book) — "The punishment by 
death is erased from all these offences by Mr. Winthrop, and they are left to 
the discretion of the court to inflict otlier punishment short of death." 

This statement occurs in the fifth chapter of Hutchinson's His- 
tory, wherein he is explaining " The System or Body of Laws 
established in the Colony." He adds (Hist., i. 437) : — 

" In the year 1634 the plantation was greatly increased, settlements were 
extended more than 30 miles from the capital town, and it was thouglit high 
time to have known estabhshed laws, that the inhabitants might no longer be 
subject to the varying uncertain judgments wliich otherwise would be made con- 
cerning their actions. The ministers, and some of the principal laymen, were 
consulted with, about a body of laws suited to the circumstances of tlie colony 
civil and religious. Committees, consisting of magistrates and elders, were 
appointed almost every year, for 12 or 14 years together, and whilst tliey were 
thus fitting a code, particular laws, which were of greatest necessity, from time 
to time were enacted ; and in the year 1648 tlie whole collected together were 
ratified by the court and tlien first printed. Mr. Bellingham of the magistrates, 
and Mr. Cotton of the clergy had the greatest share in this work." 

In reply to these general remarks by Hutchinson, I would 
urge the fact that he seems never to have used, even if he possessed, 
a copy of the printed laws of 16G0 or of 1649. As will be noted 
he says the laws were first printed in 1618; but the title of the edi- 
tion of 1660 says that they were published in the General Court 
held in May, ] 649, and this seems to be the true date. Kow, the 
volume owned by Elisha Hutchinson not only contains merely the 



] 2 Introduction. 

edition of 1672, but the manuscript references made in his copy of 
the Body of Liberties i-efer entirely to this later edition. It is rea- 
sonable to supjDose that if Elisha Hutchinson had possessed a copy 
of the earlier editions, the text of which more nearly conformed to 
the Liberties, he would have cited one of them. 

It does not seem necessary to reprint John Cotton's book, as 
it has been so often rei^ublished. It is to be noted that its first 
publication, in 1641, was anonymously, in London. The title is, 
"An Abstract of the Lawes of New England, as they are now 
established. London, Printed for F. Coules and W. Ley at Paules 
Chain, 1641." Pp. 1-15 and two pages of the Table. Anyone 
sending this book to the press fi'om Boston, would have known 
that there was no colony named Isgw England. These laws at 
most could only relate to the colony of Massachusetts Bay. It 
was doubtless the work of some English friend of Cotton's, who 
had a copy of his manuscript, and who, hearing that a code of laAvs 
had been established, jumped to the conclusion that this was the 
one. 

But in 1655 AVilliam Aspinwall, who had lived here and in 
Rhode Island, reprinted Cotton's book in London, increasing the 
bulk by printing at length the citations from the Bible and even 
adding some that Avere lacking. A full comparison of the two edi- 
tions is given in the reprint of Hutchinson's Collection of Papers 
by the Prince Society of Boston, ]865, i. 181-205. 

In his preface, Aspinwall makes the following plain disclaimers 
of any idea that Cotton's W'ork ever became law. He says these 
laws were 

" Acomniodated to tlic Colonle of tlie Massachusets in New England, 
and commended to tlie General Court there, which had they then had the 
heart to liavc received, it miglit liavc been better botli witli them there, 
and us liere, tlian it now is These are not prop- 
erly Laws, but prudenti;ill '' Rules, wliich lie recommended to that Colonie, 

'This word "))rudcntial " is one Avliicli lias hail a great significance in our legislation. 
Liberty GG savs : " The freemen of every township shall have power to make such by-laws and 
constitutions as may concern the welfare of tlieir town, provided that they be not of a criminal, 
but only of a prudential nature, and that their penalties exceed not twenty shillings for one 
offence ; and that they bo not repugnant to the public laws and orders of the country. And if 
any inhabitant shall neglect or refuse to observe them, they shall have power to levy the 
appointed jieiialties by distress." 

The fiiinulation of the law, but not the term, is in a vote of the General Court, March 3, 
lC.'?.j-G (Records, i. IT'J), where it is ordered that "the freemen of every town, or tlie major 
part of them, shall only have power to dispose of their own lands and woods, with all the 
privileges and appurtenances of the said towns, to grant lots, and m.ake such orders as may concern 
the well ordering of their own towns, not repugnant to the laws and orders here established by 



Tntroiludion. 13 

to be ratified with the common assent of tlie freemen in eaeh Towne, 
or by their llcjiresentatives in the General Conrt, as pubUque Contracts. AVhich 
being once made and assented to for their owne con\cnience, do binde as Cove- 
nants do, uutill by Hiie ])ubh(|ue consent they be abrogated and made voyd. 
For thougli the Author attribute the word [Law] unto some of them ; yet tliat 
it w-as not his meaning tliat they sliould be enacted as Lawes (if you take 
the word Law in a pro])er sense), ap[)ears by iiis conchision taken out of Ixa. 
33 : 22. Hee knew full well that it would be an intrenchment upon the lloyall 
power of Jesus Christ, for them or any other of the sonnes of Adam to ordain 
Lawes." 

" It is not my purpose to perswade this or any other nation (were they will- 
ing to heare) to enact or ratifie these by any power of their own (in a solemn 
convention of their Representatives) as Laws: Neither do I believe it was the 
Authors intention so to do, when he drew up this modell. For alas, what 
cnergie or vertue can such an act of poore sinfull creatures adde unto the most 
perfect and wholesome lawes of God? It is enough for us, and indeed it is all 
that can be done by any people upon earth : 1. To declare by their Repre- 
sentatives, their voluntary subjection unto them, as unto the lawes of the Lord 
their God. 2. After such professed subjection to fall unto the practice thereof, 
in the name and strength of Christ their Kins: and Law-siver." 

" This Abstract may serve for this use principally (which I conceive was 
the main scope of that good man, who was the author of it) to shew the com- 



thc General Court; as also to lay mulcts and penalties for the breach of these orders, and to levy 
and distrain the same, not exceeding the sura of twenty sliillings; also to choose their own ])ar- 
ticular officers, as constables, surveyors for tlie higliways, and the like." 

June 1-4, 1C42, the General Court (Hecords, ii. G) passed a law for the proper training and 
employment of children, and state " that in every town the chosen men ajipointed for managing 
\\\e prudential affairs of tlie same shall henceforth stand charged with the care of the redress of 
this evil." 

Again, Oct. 7, 1646 (Records, ii. 162-163) the Court passed this order : " Whereas there is 
no order made appointing who shall end causes in towns under the value of 20 shillings, where 
one only magistrate dwells, and the cause concerns himself, it is therefore hereby ordered, that in 
such cases the 5 or 7 or more men in every such town, which are selected ioT prudential affairs, 
shall have power to hear and determine such cases," etc., etc. 

Nov. 4, IG4G, the General Court (Records, ii. 180) passed certain orders entitled Pru- 
dentiall Laws, though it is not clear that more than the first section w.as so designated. That 
one reads: "Every township, or such as are deputed to order the 2^>'udeniialls X\Kreof, shall 
have power to present to the Quarter Court all idle and unprofitable persons, and all children 
ivlio are not diligently employed by their parents, which Court shall have power to dispose of 
them, for their own welfare and improvement of the common good." 

So again an order of the General Court, May 26, 1647 (Records, ii. 19), declares that 
" henceforth it shall and may be lawful for the freemen witliin any <jf the said towns to make 
choice of such inhabitants, though non-freemen, who have taken or shall take the oath of 
fidelity to this government, to be jury men, and to have their vote in the choice of selectmen for 
town affairs, assessment of rates, and other prudentials, proper to the selectnient of the several 
towns." 

May 26, 1G58 (Records, iv. part 1, pp. 335-336) the Court speaks of two laws in the 
printed book, title Township, about the right of all Knglishmen who have taken the oath of 
fidelity to be chosen jury men or constables, ami to have their vote in the choice of the selectmen 
for the town affairs, assessments of rates, and other prudentials proper to the selectmen of the 
several towns. These laws are all repeated in the edition of IGOO, pp. 7.5-76. 



14 Introduction. 

plctc sufficiency of tlie word of God idonc, to direct Iiis peojile in jtidGjmcnt of 
all causes, both civil and criminal, as we are wonted to distinguish them. 
Which being by him done, and with all sweetness and amiableness of spirit 
tendered, but not accepted, he surceased to press it any further at that season, 
knowing full well that tlie Lord's people shall be a willing people in the day of 
his power. But the truth is, both they and we, and the otiier Gentile nations, 
are loth to be persuaded to dwell in the tents of Siieni, and to lay aside our old 
earthly forms of government, to submit to the govenimcut of Christ." 



It seems, therefore, to be certain that any chum that Cotton 
prepared the Body of Liberties, rests upon an unauthorized title- 
pag-e and the vague and unsupported opinions of Gov^ Hutchin- 
son. The e\idence to the contrary is found in AspinwaU's positive 
statements above cited, and in tlie very nature of Cotton's book. 
It is a treatise in ten chapters, stating powers, duties, rights, and 
l^enalties, fortified throughout by references to the Old Testament. 
The sections are not framed as laws are, and the only Avonder is 
that any one could suppose for a moment that any legislature ever 
enacted them. 



Tliu same words arc afiain used in tlie edition of Laws in 1C72, pp. 14", 148. 

Under tlie new Charter, in the session of l(J'.12-3, chap. 28 (Province Laws, Goodell's 
edition, i. OH) the freeholders and inhahitants in a town meeting could pass " necessary rules, 
orders and by-laws for the directing, m.-inaginj; ami ordering the j^rudoitial affairs of such town," 
with penalties not exceeding twenty shillings, etc., to be approved by the justices in tjuarter 
Sessions. In IfiHO (Ibid., i. 218) the clause rciiuiring the consent of the justices was repealed, 
and an appeal to them was granted to any one punished under such by-laws. 

Again, after the establishment of the State, chap. 75 of Acts of 1785 repeated the powers 
of towns to make "rnles, orders and by-laws for the directing, managing and ordering the 
prudential affairs of the town," with penalties not exceeding thirty shillings, and provided the 
laws arc apjiroved by the Court of General Sessions of the Peace in the same county. 

The Revised Statutes of ISSO, chap. 1.1, § 13, continues the same words, with twenty 
dollars jienalty, and the apjiroval of the Court of Commim Pleas. 

The General Statutes of 18G0, chap. 18, § 11, retains the phrase, "directing and m.anaging 
tho 2>ru(hiitia/ (ffairs" of the town; as does the Public Statutes of 188-, chap. 27, § 15, which, 
in defining the powers of towns to pass by-laws, allows them "for directing and managing the 
prudential affiiirs, preserving the peace and good order, and maintaining tlie internal police 
thereof." 

I have thus briefly traced this iihrase, " prudential affairs," from the Body of Liberties in 
!fI41 to the present time, and can only say that the earliest detinition is the clearest and best. 
All matters, not reserved for state jurisdiction, but affecting the welfare of the town in its cor- 
])orate caiiacity, and evidently susceptible of proper regulation under the penalty of a, moderate 
fine, have been, and still are, suitable suljjccts for euntrol in towns by by-laws, and in cities by 
ordinance. The origin of the term is obscure. One would expect to tiiid it in the contempor.ary 
theological literature, but it was certainly not in common use. Perhaps Ward invented it, as 
bis " Collier" is full of strange words. In lO.'iu (Records, Vol. iv., part i., p. 145) a matter is 
said to be " safe and prudential," ami there the word is equivalent to " prudent." A similar use 
of a word is " economy " and " economical." A man is economical, but we speak of political 
economy, and towns regulate their domestic or internal economy. — W. H. W. 



I)t/ro(hic(ion. 15 

But equally strong evidence remains to show Avhat the Body 
of Liberties actually contained. The Laws of 1(3()() as well as those 
of 1()72 contain numerous citations of laws under the date of IGil. 
These laws, with very few exceptions, are not entered on the 
Records of the General Court, as passed in that year. Hence these 
must have been comprehended in some general enactment, to wit, 
the Body of Liberties. An analysis of these laws is given later 
on. In the meantime I would cite the following evidence: First, 
on Octol)er 17, 164:3 (Records, ii. 48), the General Court declared 
"that Avhereas in the Book of Liberties, No. 23, it was ordered 
none should take above 8£ per cent., — bills of exchange are ex- 
cepted." This reference is to our No. 23. Secondly, March 7, 
1643-4 (Records, ii. 61), the Governor [Winthrop], Mr. Dudley, 
and Mr. Hibbens, or any two of them, were made '' a committee to 
consider of the Body of Liberties against the next General Court." 
Third, the General Court voted May 26, 1647 (Records, ii. 194), 
" for explanation of the order in the Liberties about 6 days warn- 
ing to be given to the defendant in every action, etc., it is hereby 
declai-ed that the day of the summons or attachment served and 
the day of appearance shall be taken inclusively as part of the 
six days." Here the reference is to Liberty No. 21, as printed 
herein, amended in Laws of 1660, p. 4, title Attachments, § 2, line 
5, by adding the word " inclnsively " after the Avords ^' six days." 
Of course our copy of the Liberties is the earlier form, prior to 
May, 1647. 

Lastly and most conclusive of all, the General Court in 1646 
had to consider a Remonstrance and Petition fi-om Robeil Child 
and others who were dissatisfied with the government. The Court 
empowered Governor Winthrop, Deputy Governor Dudley, Rich- 
ard Bellingham, and the Auditor General (Lieut. Nathaniel Dun- 
can) to draw up a reply to be forwarded to England by Mr. 
Winslow. This document is printed in Hutchinson's Collection 
of papers (Prince Soc. edition, i. 223-247). One of their chief 
arguments, to prove that the laws here are conformable to 
those of England, is an elaljorato parallel of items printed face 
to face. 



" In this they set forth, forty-four fundamental propositions, annexing to 
each the authorities for it. Six times they refer for authority to their Ciiarter ; 
seven times to custom; eight times to hnvs of speciKed dates; once to tiii' 
Bihle ; and twenty-seven times to the Liberties, citing each liy its appro[)riat • 
number." — i'\ C.Graij. 



16 Introduction. 

!N"ot one of these citations of tlie Liberties conforms to any 
it(!m in Cotton's book ; Ijiit every one of them, by specific number, 
refers to and agrees with a section of the manuscript copy pre- 
served l)y EHsha Hutchinson. The separate sections (one or two 
being cited more than once) are Xos. 1, 2, 3, 10, 14, 17, 18, 29, 31, 
36, 37, 42, 48, 53, 59, G3, 65, 81, 82, 94, and 95; in all twenty-one out 
of one hundred, and scattered from number one to number ninety- 
five. It is impossible to present stronger evidence that this manu- 
script copy of the Body of Liberties is identical with the one used 
by the Committee of the General Court in 1646. 

As the original book containing these citations is quite rare, 
and in order that there may be no question of the identification, the 
following extracts are given of such paragraphs, as they occur in 
order, Avhich are said to be taken from the Body of Liberties: — 

" FUNDAMENTALLS OF THE MASSACHUSETTS. 

Compared with Marjna Charta. 

1. All persons ortliodoxc in judgment anil not scandalous in life may 
gather into a church estate according to the rules ot'the gospell of Jesus Clirist. 
Liberty 1.^ 

Such may clioosc and ordaine tlieir owne officers, and exercise all the Or- 
dinances of Christ, without any injunction in doctrine, worship or discipline. 
Liberty 2 & 38.9 

2. No mans life, honor, liberty, wife, children, goods or estate shall be 
taken away, punislicd or endamaged, under colour of lawe, or countenance of 
autlioritie, but by an expresse lawc of the general court, or in defect of such 
lawe, b)- the word of God &c. Liberty, 1. 

Everv j)crson within the jurisdiction &c sliall enjoy the same justice and 
lawe t^c witliout partiality or delay. Liberty i. 

All lands and licreditumcnts shall be free from all fines, forfeitures ifcc. 
Liberty 10. 

E\ cry man may i'emo\e himselfe and ids faniilie &Q, if there be no legal 
impediment. Liberty 17. 

6. Difficult cases are finally determinable in the court of assistants or in 
the generall court by appeale or petition, or by reference from the inferiour 
court. Liberty 31 & 30. 

7. Upon unjust suites tlie plaintiff sliall be fined proportionable to his 
offence. Liberty 37. 

Xo man's goods shall be taken away but liy a due course of justice. 

'This is the clerical error for Ilciu 1 of Liberty 95. — W. \\. W. 

'This is the similar error for Items 2, 3, and 8 of Liberty 93. — W. H. W. 



Introducdnn. 17 

Liberty 1. In criminal causes it shall be at the liberty of the accused partie to 
be tryed by the bench or by a jury. Liberty 23.'" 

Compared vith the Common Laics of England. 

7. In our own court of judication all causes civill and criminall are 
determinable, either by tlie judges and jury, or by the judges alone &c as in 
England. Tiiis is done both by custome and by divers laws established accord- 
ing to our charter, as Liberty 29, &c. 

12. In all criminall offences, where the law hath prescribed no certainc 
pcnaltie, the judges have power to inflict penalties, according to tiie rule ot 
God's word. Liberty 1, and by Charter, &c. 

15. All publicke charges are defrayed out of the publicke stocke. Cus- 
tome and Liberty 63. 

19. No mans person shall be restrained or imprisoned &c. before the 
lawe hath sentenced him thereto, if he can put in sufficient bade, &c. except in 
crimes capitall, &c. Liberty 18. 

20. The full age, for passing lands, giving votes, &c. is twenty one 
yeares. Liberty 53. 

21. Married women cannot dispose of any estate, &c. nor can sue or be 
sued, without the husband. Custome and Liberty 14. 

22-1. The eldest sonne is preferred before the younger in the ancestors 
inheritance. Liberty 81. 

2. Daughters shall inherit as coparceners. Liberty 82. 

3. No custome or prescription sliall ever prevail &c to maintaine anything 
morally sinnfull. Lil)erty 65. 

4. Civill authority may deals with any church member or officer, in a 
way of civill justice. Liberty 59. 

5. No man shall be twice sentenced by civill justice for the same offence. 
Liberty 42. 

6. No man shall be urged to take any oath or subscribe any articles, 
covenant, or remonstrance of a publick and civill nature, but such as the generall 
court hath considered, allowed and required. Liberty 3. 

7. Publick records are open to all inhabitants. Liberty 48. 

They also cite under the Common Law. 

13. Treason, murther, witchcraft, sodoniie and otlicr notorious crimes 
are punished with death : But tiieft &c is not so punished, because we read 
otherwise in the scripture. Capitalls &c. 

'" This is the tliirJ clerical error; it shouM be Liberty 29. A comparison witli the fraf»- 
ir.entary copy contained in E'.isha Hutchinson's book shows that the first citation was Lihr. 1 ; 
the second was " Libr. 3 & 5 in Eccles." meaning of course Lil)erty 95 concerning Churches; 
and the tliird is plainly Libr. 29. Evidently the errors of the text are simply clerical ones, and 
not citations from any other arrangement of the Liberties. I have put in nn Appendix a fac- 
simile of the manuscript copy of this article, as the larger draft, printed by Gov. llutchinsos, 
eeeilis to be lost. It is complete as far as it goes. — W. H. W. 



18 Jidroducdon. 

14. Adultery is i)iini.-.lietl according to the canon of tlie spirituall law, 
viz. tlie scripture. Capitalls &c. 

These two i-eferences ai-e plainly to Liberty Oi, which is entitled 
"CapitallLaw.s." 



The absolute certainty of the identification of our manuscript 
copy being thus shown, it may be well to say a few "words about 
the autlior or authors of the drafts. Hutchinson says, as before 
cited, that Mr. Beliiugham of the magistrates and Mr. Cotton of 
the clergy had the greatest share in this Avork. "We have seen that 
he was wrong as to Cotton; but Bellingham undoubtediv served 

CD / O ^ 

on neai'ly all the committees, as did AVinthrop and Dudley. Bel- 
hngham was bi-ed a lawyer and was Recorder of Boston in Lin- 
colnshire fi'om l(32.j to 1633; hence his connection with the 
compilation of our code is extremely natural and may well have 
been of considerable intluence. It is to be noted that in the con- 
trovei'sies between the Assistants and the Deputies he took sides 
with the latter, and may thus be claimed as likely to favor popular 
rights in the establishment of this Magna Charta of Xew England. 



But, after all, the contemporary evidence of Governor "Winthrop 
assigns the main work of compiling the code to one man, namely, 
Kev. Xathaniel AVai'd, of Ipswich. From an interesting memoir, 
pi-epared liy a descendant, John AVard Dean, and published at 
Albany, 1808, we learn that Ward had special qualifications foi- 
this work. He was boi-n about A.D. ].~)78 at Haverhill, England, 
and was the son of Rev. John "Ward, an eminent minister there. 
He was graduated at Emmainiel College, Cambridge, A.M., in 
1603. He studied and practised law, and Candler says that he was 
at Utter Barrister. He was admitted to Lincoln's Inn. May l,"). 
1607, and nominated a barrister, 17 Oct. 1615. (X. E. Hist, and 
Gen. Register, vol. 1:3, p. 326.) 

He then travelled on the continent and stayed some time at 
Heidelberg. He entered the ministiy about 1618, and was })rob- 
ably chaplain at Elliiag, in Prussia. lieturuing to England he 
became rector of Slondou-Massey in Essex, but was suspended 
by Laud for Puritanism. In 1631 he came to Xcw England, 
and settled at Ipswich, where ho Avas pastor and Rev. Thomas 
I'arker was teacher. He resigned his charge in about two yeais, 
owing to illness. In the winter of 1616-7 he returned to England, 
leaving his i'amily here; and in June, 1(517, he preached before the 



Introduction. 19 

House of Common?. In May, 1048, he was appointed minister at 
Shenfiekl, about five miles from his formei* home at Stondon-Massey. 
Here he ended his days in 1G52 or 1(553, aged some seventy-five 
years. He wrote various books," of which the most famous was liis 
" Simple Cobler of Agawam," written here and pubHshed in Lon- 
don in January, lG4(>-7. He Avas a witty as well as an earnest 
writer; a conservative, and yet forced by events to stand with the 
Parliament against the King. There is printed in Mass. Soc. Coll. 
Jth S. vol. vii, pp. 26-27, a letter from Ward to Governor Win- 
throp, in 1639, concerning the new laws, wherein he doubts the 
expediency of " sending the Court business to the common con- 
sidei'ation of the freemen." He says, "I see the spirits of the 
people runne high, and what they gett they hoidd. They may not 
be denyed their proper and lawful! liberties; but I question whether 
it be of God to interest the inferiour sort in that which should be 
reserved inter optimates penes qtios est sancire leges. If Mr. Lach- 
ford have writ them out, I would be glad to peruse one of his 

copies, if I may receive them There 

is a necessity that the Covenant, if it be agreed upon, should be 
considered and celebrated by the several congregations and towns, 
and happily the tenure, but I dare not determyne concerning the 
latter. I mean of putting it to the suffrage of the people." 

Without overrating the influence of any one man in the prep- 
aration of this admirable code, and believing firmly that it embodied 
the best judgment of Winthrop and other leaders, there seems to 
be no reason to doubt that the main literary work, at least, was due 
to Nathaniel Ward, and that his legal abilities and ti'aining were 
at least equal to those of any of his associates. In his " Simple 
Cobler" (edit, of 184:3, p. 68) he writes, "I have read almost all 
the Common Law of England, and some Statutes." It may -well 
be that the Common Law of England Avas the source fi'om which 
these wise provisions were extracted, for in the Reply of the Col- 
ony in 1646, already cited, (ante, pp. 16, 17,) our laws are com- 
pared only with Magna Charta and the Common Laws of England. 

AVe know of one instance in which a change was made in the 
first draft. Thomas Lechford, of whom we have before spoken as 
a copyist employed on the work, has recoi-ded the fiict that his 
remonstrance changed one item. In his "Plain Dealing, or News 

" Amongthe strange words used by Ward, I note, pudder, exulcerjitions, eolluvies, sedulity, 

jadish, intcrturbe, corrive, quidanyc, ])restigiatod, ignotioiis, mundiciilious, dedolent, exadvfrsc, 
l>i-r-iieracute, nugiperous, niuUtisHTtian, fiitilous, ]ii-r(|uisi|iiiliaii, induiuiininabk', prc-celloiicv, 
surqufdryes, prodromies, iligladiations, prosult, bivious, awkc ; besides luany, almost iuimiiier- 
able, oddities of combination. — W. W. H. 



20 Introduction. 

from New England," London, 1G42 (Trumbull's edition, Boston, 
1867, pp. 72-74), he prints a paper delivered by him to the Gover- 
nor, etc., March 4, 1639-40. We cite as follows : — 

AVhcrcas von have been pleased to cause me to transcribe certain Breviats 
of Propositions delivered to the general! Court, for the establisliing a body of 
Lavves, as is intended, for the glory of God, and the welfare of this People and 
Country ; and published the same, to the intent that any man may acquaint you 
or tlie Deputies for tlie next Court, what he conceives fit to be altered or added, 
in or imto the said lawes ; I conceive it to be my duty to give you timely notice 
of some things of great moment, about tlie same Lawes, in discharge of my 
conscience, which I shall, as Amicus ciiricu, pray you to present with all faith- 
fulnesse, as is proposed, to the next generall Court, by it, and the reverend 
Elders, to be further considered of, as followeth : — 

1. It is propounded to be one chicfe part of the charge, or office of the 
Councell intended, to take care that the conversion of the jVatives be endeav- 
oured. 

2. It is proposed, as a liberty, tliat a ci)n\enicnt number of Orthodox 
Clu'istians, allowed to plant together in this Jurisdiction, may gather themselves 
into a Cimrcli, and elect and ordaine their Officers, men fit for their places, 
giving notice to seven of the next Churches, one montii before thereof, and of 
their names, and tliat tliey may exercise all the ordinances of God according to 
his Word, and so they proceedc according to the rule of God, and shall not be 
hindered by any Civill power : nor will this Court allow of any Church other- 
wise gathered. 

Tiiis clause (nor icill the Court allow of am/ Church otherwise (jath- 
ered) doth as I conceive contradict the first proposition. 

He then argues, briefly but clearly, that to convert the Indians 
they must send evangelists, and that the converts must be gathered 
into churches. But these churches are not made itj), as the law 
requires, of '•' a convenient number of orthodox Christians," planting 
togetlier and gathering themselves into a church; and therefore are 
prohibited from any recognition under the laAV. The point seems 
sound, though very small; and the remonstrance apparentlj" had 
its effect. The law of March 3, 1G35-6 (Records, i, 168), said "it 
is ordered that all persons are to take notice that this Court doth 
not, nor will hereafter, appi'ove of any such companies of men as 
shall hencelbi-th join in any ])i-etended way of church fellowship, 
without they shall first acquaint the magistrates and the ciders of 
the greater part of the churches in their jurisdiction, Avith their 
intentions, and have their a])probatii)u lierein." Liberty 95, § 1, as 
enacted, allows that "All the people of God within this jurisdic- 
tion who are not in a church way, and be oi'thodox in judgment. 



Jniroduclion. 



21 



and not scandalous in life, shall have full liberty to gather them- 
selves into a Church estate: provided they do it in a Christian 
way, with due observance of the rules of Christ revealed in his 
word." 

We see from Lechford's report, the rough draft of a law which 
was proposed, and in the published Liberty Ave see the amended 
statute. How many other cases there were is necessarily un- 
known. But in this example two things are noteworthy. First, 
Lechford himself was not a fjivorite with those in authority. lie 
differed on various topics, he argued with the magistrates and the 
clergy. He was silenced by order of the rulers, and he Avas finally 
starved into returning to England. Yet his comments seem to 
have been fairly considered, and being found valid, they influenced 
the form of the laAV as passed. Secondly, it seems Aery strange 
that he, one of the feAv lawyers in the colony, should have found 
nothing else to Avhieh to object, in view of the great amount of 
legislation thus put into force, for Avhich the English statutes gave 
no precedent. 



The Body of Liberties as established in 1641 can be traced 
with only trifling changes in the edition of LaAVS of 10(30. It is 
not cited in that book by that name, but as nearly all of the sec- 
tions have the date of their enactment appended, Ave can easily 
trace the laws assigned to 1641. 

The following table and notes will enable the reader to see that 
the legislation of 1641, so incorporated into the collected LaAVS of 
1660, is not to be found on the records of the Legislature. It 
must, therefore, be sought in some other collective body of enact- 
ments of that date, and we have already seen that such Avas the 

Body of Liberties. 

Laws dated 1641. 



Acts of 16G0. 


Acts of 1672. 


Title. 


Body of Liberties. 
Xumbcr. 


r. 1 


P. 1 


Preamble. 


Preamble. 


1 


1 


Ability, Age. 


11, 53. 


2 


3 


Actions, § 7, 8. 


22, 28, 37. 


2 


3 


Appeal.'^ 


3G. 


3 


4 


Appearance. 


4. 



'- Tliis law is cited as 1642 in both editions of the Laws j but Hutchinson notes that it was 
founded on Liberty No. 36. — W. H. W. 



22 



Inlroduclion. 



Lcncs dated 1G41. — Continued. 



Acts of IGGO. 


Acts of 1G72. 


Title. 


BoOy of Liberties. 
Kuniber. 


p. 4 


P. (1 


Arrests. 


33. 


4 


8 


Attachments, § 1, 2. 


39, 21, 2.5. 


5 


'.1 


Barratry. 


34. 


5 


'J 


Benevolences. 


See Notes, 1, 


5 


10 


Bond-slavery. 


91. 


G 


10 


Bounds of Towns. 


See Xotes, 2. 


8 


14, 17, 


(^apital Laws." 


94. 


10 


17 


Cask, Cooper. 


See Notes, 3. 


11 


18 


Cattle, s^ ;i.» 


24. 


14 


22 


Charges, Public. 


63. 


1.5 


2.") 


§ ;^-" 


13. 


17 


"8 


Children and Youtli, 








§§ 5 and G. 


83, 84. 


18 


2;i 


Clerk of the AVrits. 


Sec Notes, 4. 


I'.i 


.".0 


Condennied. 


44. 



" Tlie Capital Laws as printeil in lilCO are those contained in LiliprtyO+, for the first twelve 
laws, witli sliiilit clianin-s in Xos. 3 and 4. The General Conrt, June 14, 1(142 (Uecords, li, 9.2), 
added three more capital crimes, viz. : criminal connecti(ni witli a child under ten years of age, 
ravi>hini^ a niarrii.'d woman or betrotiieil maid, or ravisliing a smi^Ie woman aired over ten years. 
It was also ordered that all tliese cajiital laws lie printed. Accordingly, in Major .Tolin Child's 
book, printed in London in lti47, entitled " Xew England's .Tonas cast up at London," etc. (Mar- 
vin's edition, Boston, ISii'-O, will be found a reprint of these fifteen Capital Laws, arranged 
somewhat differently in order. Nos. 3 and 4 are, however, the same as in the Body of Liberties. 

But the IJeneral Court on November 4, lii4G (Hecords, ii, 177), passe<l a preamble and law 
abiHit ]5hi,-iihemy, which .superseded Law No. 3 of the Liberties, and is the form followed in the 
lievision of 1(100. At the same time (Kecords, ii, 1711) they passed the two capital laws against 
wicked children, wliich arc No*. 13 anil 14 in the Laws of KJGO; and also (Records, ii, IS-') the 
section iivmishiiig those accused of capital crimes who did iKit stand a trial. 

The Laws of 1(1(10 contain but one section about liape, thereby ignoring two of tlie laws 
passed, as we have seen, in 1042. These jiunished fornication with a female child under ten 
years of age, and ravishing a married woman or a betrothed maid. The citation fur this section 
is 1(149, but I fail to find any express legislation on that subject in that year. I am therefore 
inclined to believe that the change was made in the revision of lti4i), under the powers given the 
revisers. 

It is evident that the revision was not satisfactory, for the (ieneral Conrt, Oct. 11', lild'.i. on 
a flagrant case, finding that there was then no law, re-enacted ( Kecords, vol. iv, part ii, )ip. 437- 
S) the )innishment for abusing a child under ten years, as death. Laws of 1(572, p. 1.3. 4; 17. 

Still there seems to have been no jiunishment )irovided fur ravijliing a married woman. 
Under the New Charter (Goodell's Province Laws, i, .'i(I), an Act was ]iassed defining capital 
crimes, including ravishing o//;/ woman. It was p.assed in 1G03, but disallowed by the Crown. 
In ni',>7 (Ibid., i, 2'J(1) an Act was passed punishing the rape of any woman or iiie abuse of a 
woman cliihl under ten years of age. — W. II. AV. 

" Cited as K'l-ld. Init r.fened by Hutchinson to this Liberty. — W. II. W. 

'■' 'I'bis l.iw is dated 1(14(1. 47, ."il, 57 ; but Hutchinson notes that the last paragrapli of § 3 
is based on Liberty No. 13. — '\V. H. W. 



Inlrodxiction. 



23 



LatDs dated 1641. — Continued. 



Acts of inoo. Acts of 1(!72. 



Title. 



P. 21) P, ".2 



21 
22 
23 

24 

24 

25 
2,") 
2(i 
2G 
2(3 
27 

29 
30 
31 
40 
40 
43 
47 
48 
50 
51 
54 



33 
35 

3G 
38 



39 
39 
41 
41 
42 
43 



48 
49 
50 
73 
74 
77 

8r., «7 
88 

90, 91 
101 
105 



Convoyanco, § 3. 
do § 4. 

Coiirts, § 4. 



do 
do 
do 
do 



§ 6. 

§ (5. 
§ 10. 
§ 12. 



Cruelty. 

Death untimely. 

Deputies, § 2. 

Distress. 

Dowries. 

Drovers.** 

Ecclesiastical, § 3-12. 

Elections, § 4. 

Farms. 

Ferries. 

Impresses. 

Imprisonment. 

Indians. 

Jurors, § 1, 2, 3, 5. 

Lands, Free. 

Liljcrties, Common. 

^larriagc, &c. 

Masters & Servants, 

§ 6, 7, S. 9. 



Body of Liberties. 
Number. 



40, 15. 

See Notes, 5. 

ll, to. 

G9, 71. 
19, 20. 
41. 

See Notes, 6. 
92. 
57. 

G-2, 68. 
35. 

See Notes, 7. 
93. 

95. §§ 1-10. 58, 59, 60. 
[§ 2 i.* new, and the 
numeration is thereby 
ciianscd.l 

(u . 

See Notes, 8. 

See Notes, 9. 
5, 6, 7, 8. 
18. 

See Notes, 10. 
50. 61, 31, 76, 49. 

10. 

12. HI. 17. 

80. 

85, 86, 87, 88. 



'^ It is worth while to note th.it in Liberty 93, the word 
of 1660, the word is " lame." — W. H. W. 



' lamljo " is used, and in the Laws 



24 



Introduction, 



Laios dated 1641. 



Concluded. 



Acts of 16G0. 


Acts of 1672. 


Title. 


Body of Liberties. 
Number. 


P. 61 


r. 116 


Klines. 


See Notes, 11. 


62 


119 


]\IonopoIies. 


9. 


62 


119 


Oaths." 


3. 


66 


126 


Prescriptions. 


65. 


67 


128, 129 


Protests. 


75. 


67 


129 


Punishment, Torture.'" 


42, 43, 45, 46, 


68 


129-131 


Records, &c., § 1, 3. 


64, 38, 48. 


69 


132 


Replevin. 


32. 


72 


139 


Ships, § 1. 


See Notes, 12. 


73 


143 


Strangers. 


2, 89. 


75 


147, 148 


Township.'' 


56, 66, 74. 


76 


150 


Treasurer.^" 


78. 


77 


152 


Trials. 


29, 30, 52. 


78 


153 


Usury. 


23. 


78 


153 


Votes." 


54, 70, 77. 


81 


158 


Wills. 


81, 82. 


81 


158 


"Witnesses. 


47. 


83 


161 


^Vrccks. 


90. 



"By Hutoliinson wrongly marked as p. 219. — AV. H. AV. 

" This chapter is tindated in tlie Laws, but Hutchinson refers it to Liberties 42, 43, io and 
40. _W. H. W. 

"This chapter is dated IfioO, 1(U2, 47, 5.1, .".8; yet there are three sections taken from the 
Body of Liberties. Tlie omission of 1(!41 is clearly a clerical error. — \V. IL W. 

™ This chapter lias no citation in the Laws under date of 1641, but Hutchinson rightly 
assigns part of it to Liberty 78. — \V. H. W. 

" This is erroneously dated ir.51. vet Hutchinson properly refers it to Liberties nos. ,')4, 70, 
and 77. — W. H. W. 



The following explanatory notes will, perhaps, make the matter 
plahier: — 

First. Laws of 1660, \>. 5, Title " Benevolence." This law 
is dated 1641, but i.s not in the Body of Liberties. It was i)assed 
June 2,1641 (Records, i, 327), and therefore probably after the 
Body of Liberties had been compiled. 



Introduction. 25 

Second. Edilion of IGGO, p. 6, Title " Bounds of Towns." 
Citation Kiil, tliough in tlie edition of 1072 cited as 1051. A sliort 
law was jjassed June 2, 1G41 (Kec-ords, i, 319), but tlie main part 
of this act w-as passed J^ov. 11, 1G17 (Records, ii, 210). 

Third. Laws of IGGO, p. 9-10, Title " Cask & Cooper." The 
laws aie dated IGll, 1G47, 1G51, 1G52. I find no law on the sul)- 
ject in IGll, but there was one passed Sept. 27, ]GJ:2 (Records, ii, 
29), the terms of which are incorporated in the Laws of IGGO. 
Evidently the date is a misprint, by no means the only one. 

Fourth. Laws of IGGO, j). 18, Title " Clerk of the Writs." 
This law was passed Dec. 10, KMl (Records, i, ola), and, of course, 
after the Body of Liberties was already in form. 

Fifth. Laws of IGGO, p. 20-21, Title "Conveyances," &c. 
§ 4 is assigned to IGll and 1G12. This law was i)assed October 7, 
IGIO, and this date is incorporated into the law as printed. Evi- 
dently loll is a misprint for 1040. 

Sixth. Laws of 1660, p. 24, Title " Coui-ts," § 12. This is a 
law that "every Court in this jurisdiction where two magistrates 
are present, may admit any church members that are fit, to be 
freemen; giving them the oath: and the Clerk of each Court shall 
certify their names to the Secretary at the next Genei-al Court." 
1641. 

This date of 1641 is clearly a misprint. May 20, l(i42 (Rce. vol. ii, pp. 
2-Q of the second edition onlt/) the following order was passed : " Tiiere is 
power given to every Court witliin our jurisdiction, that hatii two magistrates, 
to admit any church members tliat arc fit to be free, and to give them the 
freeman's oath, and to certify their names to the Secretary at the next General 
Court." ^lay 10, 1()43 (Records, ii, 38), it was ordered "concerning 
members that refuse to take their freedom, the ciiurciies should be writ unto, to 
deal with them." In tiie list of Freemen (Records, ii, 2i>l) ail seem to have 
been made free in May of the respective years, except a few at Salem in Dec., 
1642, and February, l()42-3, and some at Springfield, in A[)ril, 11148. As 
to these last, it was ordered Nov. 11, 1647 (Records, ii, 224) tiiat "Mr. 
Pinchin is authorised to make freemen in the town of S[)rini;feild, of tliose tliat 
are in covenant and live acc^ording to tluir profession." 

Again, Nov. 11, 1647 (Rccoriis, ii, 2118), it was voted that "there being 

in this jurisdiction many members of ciiurches, who to exempt tliemselves from 

all public service in the commonwealtli, will not come in to Ije made freemen," 

it is ordered that they be not exempt from si'rving in town oflSces, 

if elected. 

. June 19, 1650 (Records, iv, pt. 1, p. I'.t). Robert ('lements, at tiic re- 



26 Jntroducdon. 

quest of tlie town of Haverhill, was empowered to give tlie oath of fidclitv. 
Ju IfJa^ (ll)i(l., p. 127, 12'J) special commissioners were sent to establisli ju- 
risdietion at Kittory and at Saco, and they admitted freemen there. Other 
special cases may be found on the records. 

May ol, KKpO (IJcrords, iv, pt. 1, p. 420) tlie General Court declared 
"that no man \vliatsoe\er slial! he admitted to tlic freedom of this body politic, 
but sticii as are members of some ehureii of Christ, and in fidl communion; 
wliicii they declare to be the true intent of the ancient hiw, page the 8th of the 
second book, anno g'' 1031." 

Jime 28, 1(!()2, Charles II. sent a letter to the Colony ordering tlic redress 
of grievances. It is printed in Hutchinson's Collections, Prince Soc. edit, ii, 
100-104. He especially ordered a change in the law concerning freemen. 
Aecordiiiiilv on Aug. ii, ]ll<!4 (Records, iv, ]iart ii, j). 117), the General 
Court declared, "that the law prohibiting all jiersous except members of 
eiuirches, aitd (ili^o Ihul for (illutrunce of (luuii i/i uiiij County Courts, are 
herebv rc^pealed."' 

Sec my ])refaee for an explanation of the •differences between the two 
editions of the printed liecords. 

Seventh. In the edition of 1(372, p. 42, Title "Dowries," the 
date is given as IGil. But in the laws of KUJO it is dated IG47, 
wliieli is somewhat confusing. The reference to KUl may refer to 
Lii)erty Xo. 79; Init it looks more like a misprint. The records 
do not contain any law of 1(547, but May 2, 1G49 (Records, ii, 281), 
reference is made to ''the printed law concerning- doAvries," and 
amends it b}' striking out the clause giving' the Avidow "a third part 
of her husband's money, goods, and chattels, real and personal;" 
and also by ordering in the 14th line of said order the insertion of 
the woi'ds *" then by act or consent of such Avife." 

Both these changes are incorporated in the text in KJGO, and 
the [H'oviso is made that the law sliall not atfect houses, lands, etc., 
sold before the last of November, 1(347. Hence, it Avould seem 
that tlieie Avas a laAV passed and printed in that year, though not 
entered in tlie legislative records. 

Eigldh. Laws of 1(500, p. 30, Title " Farms." The order that 
all farms in a town shall belong therein, except ]Medford, is dated 
1(541, and is not in the Liberties. It Avas passed June 2, 1(341 
(Records, i, o.'31), and may liaA'e been too late for insertion, or, more 
pi'oljably, Avas not of a nature to be placed there. 

JSliilh. Laws of KiGO, j). 31, Title "Ferries." Reference is 
made to law of 1(541. Much of ^ 1 Avill be fotuid in orders passed 



littroduclion. 27 

Oct. 7, 1()41 (Records, i, 388, 341), exphiining- this reference. But 
the law is not in the Body of Liberties for tiie reasons given in the 
preceding- example. 

Tenth. Laws of 1060, ]!. 43, Title " Indians." At the end of 
section ]0, the citation is 1G33, 37, 40, 41. etc. I find nolliing- 
l)as.'?ed in 1G41 relating to this section ; but § 7, cited as passed 
in 1()40, 48, in the last chinse does contain a hiw passed June 2, 
1G41 (Iiccoids, i, 329), that if harm be done hy the Indians to tlie 
Englisli in (heir cattle any three magistrates may order satisfaction. 
Hence I infer the general citations under section 10 cover all the 
])icceding sections, and this is the law of 1641, which is not in the 
Body of Liberties. 

Eleventh. Laws of 1660, p. 61, Title "Mines." Citation of 
law of 1641, which is not in Body of Liberties. The law was 
passed June 2, 1641 (Records, i, 327). 

Twelfth. Laws of 1660, Title "Ships," p. 72, citation of 
1641. The law was passed Oct. 7, 1641 (Records, i, 337-338). 



It will be noted that of these twelve laws dated in ]641, and 
not in the Body of Liberties, Numbers 1, 2, 8, TO and 11 were passed 
in June, 1641, Nos. 9 and 12 in October, ]641, and Xo. 4 in Decem- 
ber, ]641. These Avere all passed too late to be placed in tliat docu- 
ment. Xos. 3, 5, 6, and 7 are wrongly dated. 

The result, however, is to show that nearly all of the acts 
ascribed to the jear 1641 in the late revisions are simply sections 
of the Body of Liberties. 



One other point remains to he considered. A ^ow of the Lib- 
erties were not incorfiorated into the Statutes in KitiO, and aie not 
checked hy E. Hutchinson on the margin of his manuscript. Tlicse 
are numbered 14, 26, 27, ol, o">, 71), and 95, § 11. 

No. 14 is to the effect that a conveyance made ])v a married 
woman, a ch.ild, an idiot, or disti'acted person sliall lie good, if 
ratified hy the General Court. 

This may have been dropped on consideration as contrary to 
English law at that time. 



28 Introduction. 

Xo. 2G empowered any man unable to plead his own case to 
have any unpaid attorney. The prohibition to employ a jiaid 
lawyer was in force in 1(341, as Winthrop records (History, ii, 
p. 13). May 2, 1G19 (Records ii, 279), it is ordered that appeals 
shall be made by the party, or his attorney, in writing. Also, it 
was ordered that after one month's publication hereof, no one should 
ask council or advice of any magistrate in regard to a case to be 
tried. We may infer from these two citations that the necessity of 
paid attorneys had become so evident that this Liberty was quietly 
dropped. 

No. 27 relates to the defendant's right to answer in writing if 
the plaintiff put in his case in that form. 

Js^o. 51 provides that associates to aid the assistants in the 
Inferior Courts shall be chosen by the towns. 

Xo. 55 provides and gives the widest liberty to both plaintiffs 
and defendants in making claims and jileas. 

These details in regard to the courts were naturally modified 
from time to time, between 1641 and IGGO, as the records shoAv. 
There seems to have been a great amount of experimenting in 
arranging the inferior courts, and hence we cannot find the exact 
equivalents of these Liberties, though they were preserved in spirit. 

No. 79 provides that if a man did not jirovide for his widow 
ont of his estate, the General Court should relieve her. This idea 
is carried out in the law of Dowries, as ])rinted in 16G0, to which 
reference has already been made. See also Wills, § 3. 



It is evident, therefore, that the Body of Liberties was virtu- 
ally incorporated into the earliest sj^stem of laws, and that no part 
of it was found to be superfluous. Both in regard to its extent and 
its ])hraseolog3' it is a noble monument to the compilers, and to the 
coiinnunity which so promptly accepted it. In its present form it 
will be easily examined, and the most thorough study will confirm 
the impression of its importance in any investigation of the growth 
of the Commonwealth, through oi'iginal processes worked out on 
the spot, from a trading compan}' to a free state, the parent and 
exemplar of so manj' later communities. — W. II. W. 



THE BODY OF LIBERTIES. 

1641. 



IN FAC-SIMILE FROM THE HUTCinXSOX M.VXUSCRirT. WITH A 
LIXE-FOU-LINE TRIXTED VERSION. 



TABLE OF CONTENTS.^ 



Prkambi. 
Liberty 1. 

2. 
3. 

4. 



10. 



11. 

12. 



i:i. 

14. 



1.".. 
Ifi. 

17. 
18. 
l!l. 

2(1. 
21. 



22. 
23. 
24. 
2:). 

2fi. 
27. 

28. 

29. 

30. 
31. 

32. 
33. 
34. 



Persons and property in\iol.ibIe 
except l)y law. 

Equal justice to ail. 

Tlie Legislature alone to impose 
oaths. 

Unavoidable absences not punish- 
able. 

rul)lic service required only by 
law. 

Exemptions from public service. 

l.iniil of military service. 

I'roperty taken lor public use to 
be paid for. 

Jlounpolie'^ forbidden but patents 
allowed. 

Fines on alienations, heriots, &c., 
forbidden. 

WilN and alienations allowed. 

Freedom of speech and action in 
jniljlic meetin-rs permitteil. 

Proprrty abroad not taxable here. 

Conveyances by married women, 
cliildrcn, or in>ane persons 
lei;ali/.ed by the Lejrislatnre. 

Fraudulent deeds invalid against 
just claims. 

Free iishinj;' and fowling detined. 

Free emigration allowed. 

Provision made for bail. 

Assistants punished for niiscon- 
ihu't. 

Judges punished for misconducl. 

Summons served not over six 
days lH'f(U-e tlie t'ourt. and the 
cause lo lie specilied therein. 

Fal<e claims to excessive debts or 
damaues imnisliable. 

Lciiai rate of interol tixcd at S% 
per annum. 

Contributory neirli^^eiice a good 
<lefenee. 

Teclmieal errors not alli>wed if 
the Court mider^tand the per- 
son and the cause. 

Uniiaid attorneys allowed. 

Written pleas and answers per- 
mitted. 

Suits maybe discontimied before 
a verdict and rencHed in an- 
other court. 

Trials may be eitlier by the bench 
or by a jury. 

Jurors may be challcnsed. 

8|iecial verdict allowed, and ap- 
peals to the Leirislature. 

Cattle or jrotids m.ay be re]il('vined. 

Imprl-onment fordelit re^'ulated. 

Common liarrtitors punished. 



Liberty 3.">. Distress of perishable goods 
regulated. 

36. Appeals from inferior courts pro- 

vided. 

37. JIalicious suits punislied. 

38. Evidence to be recorded on court 

rolls. 

39. Courts may respite executions in 

all actions. 

40. Deeds or promises given under 

(hiress are invalid. 

41. I'ersons accused of crime shall be 

tried at the next Court. 

42. Xo (jne shall be tried twice for 

the same offence. 

43. Punishment by whipping regu- 

lated. 

44. Time for executing criminals 

regulated. 

45. Torture forbidden. 

4tj. Barbarous or cruel punishments 
forbidden. 

47. Death intlicted only on the evi- 
dence of two of three witness- 
es, or the equivalent. 

4S. Public records o])en to inspection. 

411. ,lury service regulated. 

hO. Towns to choose jurymen. 

.'1. Towns to elect as.sociates in in- 
ferior courts. 

52. Children, strangers, and others to 
be protected in all suits. 

7)3. Ag<' of discretion fixed at twcnty- 
ime. 

54. Powers and duties of moderators 
detined. 

5."). The fullest liberty allowed in 
IJleas and answers. 

"lO. Town-meetings protected from 
disturbance. 

57. Iiii|uestsin caseof su<lden deaths. 

."i8. Cliurch regulations may be en- 
forced by civil courts. 

7)9. Church olVicers and members 
amenalile to civil law. 

(iO. Church censure inoperative upon 
civil ofticers. 

(;i. Silence on conscientious grounds 
allowable. 

r.2. Q-.talifieations of deputies to the 
Legislature. 

03. The expenses of certain officials 
to Ije a public eli.irge. 

(i4. Court records to be fully kept by 
the clerk. 

(!■". The Word of God to override 
any custom or prescription. 

C(!. Freemen in each town to man- 
age their prudential afl'airs. 



' 'V'..\f' Tattle ifl put in modern form, :in(l tlio term T.cL'irtlatnrf j.* ii-o»l for tlie 'Jeneriil Conrt. ^^'. II. W. 



Table of Contents. 



31 



Liberty G7. The chief officers to he elected 
anmially l)y tlie freemen, aiul 
may he(li>chari;etl for cause at 
otlier mfetiiii;s of tlie Ueucral 
Court. 

68. Deputies iieeil not reside in tlie 

towns clioDsinj; tlK-m. Tlie 
iuimi)er of depulies to be fixed 
only from year to year. 

69. Consent of a majority required 

to dissolve or adjourn tlie 
Legislature. 

70. Freedom of speech anil vote or- 

dained. 

71. Casting-vote allowed to presiding 

otliccrs. 

72. Reprieves and pardons regnlated. 

73. Messengers may be sent abroad 

on public aflairs. 

74. Selectmen allowed. 

75. Protests in all meetings shall be 

allowed and recorded. 

76. Jurors may consult bystanders in 

open court. 

77. Voting not compulsory. 

78. Public money to be spent only 

with the consent of the tax- 
payers. 

79. Provision for widows in case of 

intestacy. 



Liberty 80. Wives not subjeot to conjugal 
correction. 

81. Gavelkind regulated. 

82. Daughters as copartners. 

83. Appeal from parental tyranny. 
81. Protection for orphans. 

85. Kunaway servants protected. 

86. Transfers of indentures of ser- 

vants. 

87. Servants recompen.sed for bodily 

injuries. 

88. Servants to be rewarded. 

89. Christian immigrants welcome. 

90. Shipwreckeil vessels to be as- 

sisted. 

91. Slavery prohibited. 

92. Cruelty to animals forbidden. 

93. Traveiling drovers assisted. 

94. Death penalty for certain crimes. 

95. Relations between church and 

civil authority defined. 

96. These Liberties to ha^■e the force 

of law. 

97. Suits allowed to give cflcet to 

these Liberties. 

98. Liberties to be revised annually 

for three years. 
Penalty if the Legislature in the next three 
years neglect Liberty 98. 






^' 






^ 












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38 



A COPPIE OF THE LIBERTIES OF THE MASSACHUSETS COLON IE 

IN NEW ENGLAND. 



The free fruition of sucii liberties Immunities and piiveledges 
as humanitie, Civilitie, and Chiistianitie eall for as due to eveiT 
man in his place and proportion without impcaciimcnt and Infrinoonieiit 
liath over hene and ever will ho the traniiuiUitic and Slahilitie of Clnuch- 
es and Connnonwealtlis. And the deniall or deprivall thereof, the 
disturbance if not tlie mine of both. 

We liould it therefore our dutie and safetie whilst "we are about the 
further establishing of this Government to collect and expresse all 
such freedomes as for present Ave foresee may concei'ne us, and our 
l)ostcritie after us, And to ratify them Avith our sollemne consent. 
We doe therefore this day religiously and nnanimouslv decree 
and confinne these following Rites, liberties and priveledges con- 
cerneing our Churches, and Civill State to be respectively imparti- 
allie and inviolably enjoyed and observed throughout our Jurisdiction 
for ever. 



Xo mans life shall be taken aAvay, no mans honour or good name 
shall be stayned, no mans ])erson shall be arested, restrayned, ban- 
ished, dismembred, nor any waves puni-hed, no man shall be 
depi'ived of his Avife or children, no mans goods or estaite 
shall be taken aAvay fi'oni him, nor any Ava}^ indammaged under 
coulor of law or Countenance of Authoi-itic, uidesse it be by 
A'ertue or equitie of some expresse laAv of the Country Avaranting 
the same, established by a generall Court and sufficiently pulili-hcfl, 
or in case of the defect of a laAV in any parteculer case Iiy the Avord of 
god. And in Capitall cases, or in cases concerning dismembring or 
l)anishnient, according to that \s()rd to he judged hy the Genei'all Court. 



EA'cry person within this Juiisdiction, AA'hether Iidiabitant orfoi-i-einer 
shall enjoy the same justice and laAV, that is generall for the ])lantation, pug. ir.i. 
Avhich Ave constitute and execute one toAvards another Avithout pai'ti- 
alitie or delay. 



p"g 



!N^o man shall be urged to take any oath or subscriljc an}" ai iicles, 
coA'enants or remonstrance, of a pulilique and Civill nature, but such ''''" 
as the Generall Court hath considered, alloAved, and inquired. 



210 



Xo man shall be punished for not appearing at or l)efbi'e an}' 
Civill Assembly, Coui't. Councell, Magistrate, or Ollicei', nor for the 
omission of any office or service, if he shall l)e necessarily 
hindred by any apparent Act or ])rovidence of God, Avhich he could 
neither foresee nor avoid. Provided that this law shall not preju- 
dice any person of his just cost or damage, in any civil! action. 



v^s 



Xo man shall be compelled to any i)ul)lique Avorke or service 
unlesse tlie pi-esse be gi'ouuded upon soine act of the generall 
C'ourt. ami have reasonal)le allowance theivl'ore. 



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No man .shall be pressed in person to any oHic-c. workr, wanes or other 
publique service, that is necessarily ami suiKtiently exempted by an}' 
natural! or personall imj)eiliment, as by want of yeares, <ireatnes 
of age, defect of minde, fayling of sences, or impotencie of Lyntbes. 



No man shall be compelled to jroo out of the lim'ts of this plantation nj)- 
on any oH'ensive warres which this Commonwealth or any of our freinds 
or confederats shall voleiitai'ily undertake. But oiiely upon such 
vindictive and defensive warres in our owne l)eludfe or the lieliaife of oui- 
freinds and cosifederats as shall be enteri)rized by the Counsell and 
consent of a Court generall, or by Authority derived from the same. 



No mans Cattel or goods of what kinde soever shall be pressed or 
taken for any publique use or service, unlesse it be by warrant 
grounded upon sotne act of the generall Court, noi- without such 
reasonable prices and hire as the ordinarie raters of the Countrie do 
aftbrd. And if liis Cattle or goods shall ])erisli or sutfer damage 
in such service, the owner shall be suffitiently recompLiiced. 



All our lands and heritages shall be free from all fines and licences 
upon Alienations, and from all hariotts, wardships, Liveries, Primer- 
seisins, yeare day and wast, Escheates, and forfeitures, upon the deaths 
of parents or Ancestors, be they naturall, casuall or Juditiall. 



All persons which are of the age of 21 yeares, and of right understanding and 
meamories, whether excounnunicate or condemned shall have full 
]>ower and libertie to make there wills and testaments, and other 
lawfuU alienations of theire lands and estates. 



Every man whether Inhabitant or fforreiner, free or nor free 
shall have libertie to come to any pul)li(|ue Court, (Jouncel, or Towue 
meeting, and either by speech or writeiug to move any lawfidl, sea- 
sonable, and materiall question, oi- to present anv necessarv motion, 
complaint, petition, IJill or information, whereof that meeting 
hath proper cognizance, so it be done in convenient time, due 
order, and respective manner. 



Any Conve3'ance or Alienation of land or other estaite what so 
ever, made by any Avoman that is married, any childe under 
age, Ideott or distracted person, shall be good if it be passed 
and ratified by the consent of a geneiall Court. 

lo. All Coven'^ 



pap;. 73. 

soct. L' 



pag. 



pag. 73. 



Xo monopolies shall be granted or allowed amongst ns, but of such ; 
new Inventions that are profitable to the Countrie, and that for a short time. P''^'- 



110. 



I'ag- 



pag. 1. 



pa? 



Xo man shall be rated liere Ibr any r>taite or revenue he hath in, 
England, or in any forreine paites till it be traiispoi'ted hither. ' 



i-ct. -J. 



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21 



All Covenousor Iraudiilent Alienations or Conveyances of lands, te- 
nements, or any hereditaments, shall be of no validitie to defeate 
any man from due debts or le<>:acies, or from any just title, 
elame oi* possession, of that which is so fraudulently conveyed. 

Every Inhabitant that is an bowse holder shall have free fishing and 
fowling in any gi-eat ponds and Bayes, Covx^s and Rivers, so fari-e as 
the sea chl)cs and llowos within the presinfts of tlie towne wiiere they dwell, 
unlesse the free men of the same 'iVwne or the General! Court have 
otherwise appropriated them, provided that this shall not be extended 
to give leave to any man to come upon others proprielie with- 
out there leave. 



Every man of or within this Jurisdiction shall have free libertie, 
notwithstanding any Civil I power to remove both himselfe, and his 
famiHe at their pleasure out of the same, provided there be 
no legall impediment to the contrai-ie. 



Rites linle.i (Hid Liberties concerninff 
Jiulitiall 2^f'ocee(/i)tgs. 

l^o mans person shall be restrained or impi-isoned b}^ any Authority 
whatsoever, before the law hath sentenced him thereto. If he can 
put in sufficient securitie, bayle or main])rise, for his appear- 
ance, and good behaviour in the meane time, unlesse it be in Crimes 
Capital, and Contempts in open Couit, and in such cases where some 
expresse act of Court doth allow it. 



If in a generall Court any miscariage shall be amongst the Assist- 
ants Avhen they are by themselves that may deserve an Admonition 
or fine under 20 sh. it shall be examined and sentenced among them- 
selves. If amongst the Deputies Vvhen they are by themselves, It 
shall be examined and sentenced amongst themselves. If it be when 
the whole Court is togeather, it shall be judged by the whole Court, and 
not severallie as before. 



If any which are to sit as Judges in any other Court shall dcnicanc them- 
selves offensively in the Court, the rest of the Judges present shall have 
power to censure him for it, if the cause be of a high nature it shall 
be presented to and censured at the next superior Court. 



In all cases where the first summons are not served six dayes before 
the Court, and the cause l)reitly specitied in the warrant, where appearance 
is to be made by the partie summoned, it shall be at his libertie whether 
he will appeare or no, except all cases that are to be handled in 
Courts suddainly called, upon extraordinary occasions, In all 
cases where there appeares present and urgent cause Any 
Assistant or officer apointed shal have power to make out 
Attaichments for the first summons. 

22. No man 



pi.g. 32. 
sec. 3. 



pag. 90. 
sec. 2. 



paj;. 91. 
sec. 3. 



pag 



pag. 36. 
sec. G. 



pag. 30. 
sec. (i. 



pag. 7. 
sec. 2. 



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23 



No man in any suit or action against an other shall falsely pretend <rreat 
debts or djiinngi'S to vex his Adversary, if it shall appcare any doth 
so, The Court shall ha\ e ])o\ver to set a reasonable fine on his head. 



No man shall be adjudj^ed lo pay for detaining any debt from any 
Crediter above eight pounds in the hundred for one yeai-e. And not 
above that rate propoi-tionahle for all somes what so ever, neither 
shall this be a coulour or countenance to allow any usurie amongst 
us eonti'arie to the law of god. 



24 



25 



26 



In all Trespasses or damages done to any man or men. If it can 
be proved to be done by the meere default of him or them to Avhome the 
trespasse is done, It shall be judged no trespasse, nor any damage 
given for it. 

No Summons pleading Judgement, or any kinde of proceeding in 
Court or course of Justice shall be abated, arested or reversed up- 
on any kinde of cercumstantiall errors or mistakes, If the person and 
cause be rightly understood and intended by the Court. 



27 



Every man that findeth himselfe unfit to ]5lead his owne cause in 
any Court shall have Libertie to imploy any man against Avhom the 
Court doth not except, to helpe him. Provided he give him noe 
fee or reward for his paines. This shall not exempt the partie him 
selfe from Answering such Questions in person as the Court shall 
thinke meete to demand of him. 

If any ])lantife shall give into any Court a declaration of his cause 
in writeing. The defendant shall also have libei'tie and time to 
give in his answer in writeing. And so in all further ])roceedings 
betwene partie and partie. So it doth not iurther hinder the dispach of 
Justice then the Court shall be willino: unto. 



29 



30 



28 The ])lantife in all Actions brought in any Court shall have libertie 
to withdraw his Action, or to be nonsuited before the Jurie hath given 
in their verdict, in which case he shall ahvaies pay full cost and chardsres 
to the defendant, and may afterwards renew his suite at an other Court 
if he please. 



In all Actions at law it shall he the lil)erlie of the plantife and defendant by mut- 
ual consent to choose whether they will be tryed by the Bench oi- by 
a durie, unlesse it be where the law upon just reason hath otherwise 
determined. The like libertie shall be granted to all persons in Crim- 
inall cases. 

It shall be in the libertie both of plantife and defondiint, and likewise every 
delinquent (to be judged by a durie) to challenge any of the Jurors. 
And if his challenge be found just and reasonable by the Bench, or 
the rest of the Jurie, as the challenger shall choose it shall be allowed 
him, and tales de cercumstantibus impaneled in their room. 

31. In all 



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In all oases where evidence is so obscure or det'eetive that the .Jurie can- 
not cleart'ly and safely give a positive verdiet, whether it be a grand or 
petit Jurie, It shall have lilievtie to irive a non Liijuit. or a spetitdl verdict. 
ill which hist, tliat is in a spetiall verdict, the Judgement of tlie cause sliall bo left to 
the Coiiit, and all Jurors shall have libertie in matters of fact if they 
eannot findethe niaine issue, yet to finde and present in their verdiet 
so nuich as they can. If the Bench and Jurors shall so ditler at any time 
aliout their verdict that either of them cannot proceede with peace of con- 
seienee the case shall he referred to the Generall Court, who shall take 
the question from both and determine it. 



Every man shall have libertie to replevy his Cattell or goods im- 
pounded, distreined, seised, or extended, unlesse it be upon execu- 
tion after Judgement, and in paiment of fines. Provided he puts in jrood 
securitie to prosecute his replevin, And to satisfie such demands as 
his Adversary shall recover against him in Law. 



33 



34 



35 



36 



No mans person shall be Arrested, or imprisoned upon execution 
or judgment for any debt or fine. If the law can finde competent meanes 
of satisfaction otherwise from his estaite, and if not his person may 
i)e arrested and imprisoned where he shall be kept at his owne 
charge, not the plantife's till satisfaction he made : unlesse tlie Coint that 
had cognizance of the cause or some superior Court shall otherwise 
provide. 



If any man shall be proved and Judged a commeit Barrator vexing o- 
thers with unjust frequent and endlesse suites. It shall be in the power 
of Courts both to denie him the benefit of the law, and to punish him for 
his Barratry. 

No mans Corne nor hay that is in the feild or upon the Cart, nor his gar- 
den stuffe, nor any thing subject to present decay, shall be taken in 
any distresse, unles he that takes it doth presently bestow it where 
it may not be imbesled nor suffer spoile or decay, or give secu- 
ritie to satisfie the worth thereof if it comes to anv harme. 



It shall be in the libertie of every man cast condemned or vsentenced 
in any cause in any Inferior Court, to make their Ap[)eale to fhe Court of 
Assistants, provided they tender their appealeand put in securitie to prosecute 
it before the Court be ended wherein they were condenmed, And 
within six dayes next ensuing put in good securitie before some 
Assistant to satisfie what his Adversarie shall recover against him; 
And if the cause be of a Criminall nature, for his good behaviour, and 
appearance. And everie man shall have libertie to complaine 
to the Generall Court of any Injustice done him in any Court of 
Assistants or other. 

37. In all 



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38 



39 



40 



41 



III all cases ulieie it appearos to the Court that the plantife hath wilingiy and 
witinicly <lone wronge to the defoiidant in c-ommenceing and prosecuting any action 
or coiiiplaiDt against him, Tliey siiall have power to impose upon iiiin a pro- 
portioiKilile tinetotiic use of ttie defendant, or aecused person, for his f;ilse complaint 
or clainoi. 

ICverie man shall have lihertie to Record in the puhli(|ue Rolles of any 
Court any Testimony given upon oath in the same Court, or before two 
Assistants, or any deede or evidence legally confirmed there to remaine 
in |)erpctuain rei nuinoiiam, that is for perpetuall memoriall or evidence 
upon occasion. 



In aU actions both reall and personall betweene partie and partic. (he Court 
shall have power to respite execution lor a convenient time, when 
in tiieir prudence they see just cause «o to doe. 



No Conveyance, Deede, or promise whatsoever shall be of validi- 
lie, If it be gotten by Illegal violence, imprisonment, threatenings, 
or any kinde of forcible compulsion called Dures. 



Evcrie man that is to Answere for any Criminall cause, whether ho be 
in i)rison or under bayle, his cause shall be heard and determined at 
the next Conrt that hath j)roper Cognizance thereof. And may be done 
without prejudice of Justice. 



42 



43 



44 



Xo man shall be twise sentenced by Civill Justice for one and the 
same Crime, oflence, or Trespasse. 



Xo man shall be beaten with above 40 stripes, nor shall any true 
gentleman, nor any man equall to a gentleman be punished with 
whipping, nnles his crime be very shamefull, and his course of life 
vitious and pr 



rofligate. 



Xo man condemned to dye shall be jntt to death within fower dayes 
next after his condenniatlon, nnles the C'ourt see spetiall cause to 
the contrary, oi* in case of martiall law, nor shall the body of any man 
so put to death be unburied 12 howers, unlesse it be in case of Anatomie. 



45 



46 



Xo man .shall be forced by Torture to confesse any Crime against himsclfc 
nor any other nnlesse it be in some Capitall case where he is first 
fullie convicted by cleare and snffitient evidence to be guilty, Aftei' 
which if the cause be of that nature. That it is very apparent there be 
other conspiratours, or confederates with him, Then he may be tor- 
tured, yet not Avith such Tortures as be Barbarous and inhumane. 



For bodilie punishments Ave alloAV amongst us none that are inhtnnane 
Barbarous or cruel. 



Xo man shall be put to death Avithout the testimony of two or three 
witnesses or that Avhich is equivalent thereunto. 

48. EverA" Inhabitant 



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49 



50 



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53 



54 



Every Inliiihitant of the Country shall have free lil)ertie to search and 
veewe any Kooles, Records, or Regesters of any Court or office except 
tho Councell, And to have a transcript or exemplification ti)ereof written 
examined, and signed i)y the iiand of the officer of the office paying the appoint- 
ed fees therefore. 



No free man shall be compelled to serve upon Juries above two 
Courts in a ycare, except grand Jurio men, who shall houkl 
two Courts tos^ether at the least. 



All Jurors shall be chosen continuallie by the freemen of the Towne 
where thev dwell. 

All Associates selected at any time to Assist the Assistants in Inferior 
Courts shall be nominated by the Townes belonging to that Court, by 
orderly agreement amonge themselves. 



i2 Children, Idiots, Distracted persons, and all that are strangers, or new 
commers to our plantation, shall have such allowances and dispensations 
in any Cause whether Criminall or other as religion and reason require. 



The age of discretion for passing away of lands or such kinde of 



herediments, .or for giveing of votes, verdicts or Sentence 
Civill Courts or causes, shall be one and twentie yeares. 



in 



any 



Whensoever anything is to be put to vote, any sentence to be pro- 
nounced, or any other matter to be proposed, or read in any Court or 
Assembly, If the president or moderator thereof shall refuse to 
performe it, the Major parte of the memhers of that Court or Asscmlily shall 
have power to appoint any other meete man of them to do it, 
And if there be just cause to punish him that should and would not. 



55 



In all suites or Actions in any Court, the plaintife shall have lihertie 
to make all the titles and claims to that he sues for he can. And tiie Defendant 
shall have libertie to plead all the pleas he can in answere to them, 
and the Court shall judge according to the entire evidence of all. 



56 



If any man shall behave himselfe offensively at any Towne 
meeting, the rest of the freemen then present, shall have power 
to sentence him for his offence. So be it the mulct or penaltie 
exceede not twentie shilings. 



57 



AVhensoever any person shall come to any very suddaine untimely 
and unnaturall death. Some assistant, or the Constables of that Towne 
shall forthwith sumon a Jury of twelve free men to inquire of the 
cause and manner of their death, and shall present a true verdict 
thereof to some neere Assistant, or the next Court to be helde for 
that Towne upon their oath. 

39. Liberties more 



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59 



60 



61 



62 



63 



Liberties more 2}ecidiarlic concerning the 
free men. 

Civill Autlioiitie hath power and lilicrtic to see the peace, ordinances and 
liules of Christ observed in cverv ciuirch according to his word, so it he 
done in a Civill and not in an Ecclesiastical way. 



Civill Authoritie hath power and libertie to deale with any Church mem- 
ber in a way of Civill Justice, notwithstanding any Church relation, office 
or interest. 



Xo church censure shall dcgrad or depose any man from any Civill dij 
nitie, office, or Authoritie he shall have in the Commonwealth. 



No !Magestrate, Juror, Officer, or other man shall be bound to infornie present 
or reveale any private crim or otfence, wherein there is no perill or dan- 
ger to this plantation or any member thereof, when any necessarie tye 
of conscience l)inds him to secresie grounded ujion the Mord of god, unlesse 
it be in case of testimony lawfully required. 

Any Shire or Towne shall have libertie to choose their Deputies whom 
and "where they please for the Generall Court. So l)e it they lie tVee men, 
and have taken there oath of feahie, and Inhabiting in this Jurisdiction. 

No Governor, Deputy Governor. Assistant, Associate, or grand Jury man at any 
Coui't, nor any Dejiutie for the (ienerall Court shall at any time beare hi> 
owne chardges at any Court, but their necessary e.xpences .shall l)e defrayed 
either by the Towne or Shire on whose service they are, or by the Coun- 
try in genci'all. 



1'. H. 

S. 11. 



P. 44. 

s, u. 



p. 44. 

S. 10. 



I'. 8G. 
S. -J. 



64 



65 



m 



Eveiie Action betwoene partie .'oul partie, and proceedings against delinqntMits in 
Criminall causes shall be briefly and destinctly entered on the Kolles of 
eveiy Couit by the Recorder thereof. That such actions be not after- 
wards brought againe to the vexation of any man. 

No custome or prescription shall ever j)revaile amongst us in any morall 
cause, our meaneing is maintaine anythinge that can be proved to bee 
inorrallie sinfull by the word of god. 

The Freemen of eveiy Tovvneship shall have ]iower to make such 
by laws and con.stitutions as may concerne the wellfare of their Towne, 
])rovided they be not of a Criminall, but onely of a prudentiall nature. 
And that their penalties exceede not 20 sh. for one oti'ence. And that (hey be 
not repugnant to the publi(iue laws and orders of the Countrie. And if any 
Inhabitant shall neglect or refuse to observe them, they shall have 
power to levy the apjiointed penalties by distresse. 

It is the constant libertie of the fi-ec men of this i)lantation to choose 
yearly at the Court of Election out of the freemen all the General officers 
of this Jurisdiction. If they please to dischardge them at the day of Election by 
way of vote. They may do it without shewing cause. But if at any other 
<zenerall Court, we hould it due justice, that the reasons thereof be alleadged 
.nnd proved. ]'>y Generall ofliccr.s we nieaiie, our Governor, Depnty Governor, Assist- 
ants, Treasurer, Generall of our warres. And our Admirall at Sea, and 
such as are or hei'eafter may be of the like genrall nature. 

()8. It is the 



p. 40. 

S. '>. 



p. 22. 

S. 1. 



P. 129. 
S. 1. 



I'. 12G. 



V 147 
S- 1. 



V. 48. 
S. 4. 



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69 



(0 



71 



It is the libuitio of the freemen to choose such deputies for the Generall Court 
out of thoinsulves, either in their owne Townes or elsewhere as they judge 
fitest. And because we cannot foresee what varietie and weight of occa- 
sions may fall into future consideration, And what counsells we may 
sland in necde of, we decree. Tliat the Deputies (to attend the Generall 
Court in the bchalfe of the Countrie) shall not any time be stated or 
inacted, but from Court to Court, or at the most but for one yeare, that 
the Countrie may have an Annuall libertie to do in that case what is 
most behoofefail for the best welfaire thereof. 



No Generall Court shall ])e desolvcd or adjourned without the consent of 
the Major parte thereof. 

All Freemen called to give any advise, vote, verdict, or sentence in 
any Court, Counscll, or Civill Assembly, shall have full freedome to 
doe it according to their true Judgements and Consciences, So it be done or- 
derly and inofensively for the manner. 



The Governor shall have a casting voice whensoever an Equi vote shall fall 
ont in the Court of Assistants, or generall assembly, So shall 
the presedent or moderator have in all Civill Courts or Assemblies. 



Tlie Governor and Deputy Governor Joyntly consenting or any three Assistants con- 
cni-ring in consent shall have power out of Court to i-eprive a 
condemned malefactour, till the next quarter or generall Court. 
The generall Court oncly shall have power to pardon a condemned malefactor. 



rhe Generall Court hath libertie and Authoritie to send out any member 
of this Comanvvealth of what qualitie, condition or office whatso- 
ever into fori'eine parts about any pubiique message or Negotia- 
tion. Provided the partie sent be acquainted with the affaire he goeth about, 
and be willing to undertake the service. 



7i 



The freemen of every Towne or Towneship, shall have full power 
to choose yearly or for lesse time out of themselves a convenient 
number of fitt men to order the planting or prudentiall occasions of 
that Town, according to Instructions given them in writcing. Provided 
nothing be done by them contrary to the pul)lique laws and orders of the 
Countrie, provided also the number of such select persons be not ai>ove nine. 



iO 



It is and shall be the libertie of any member or members of any Court, 
Councell or Civill Assembly in cases of makeing or executing any 
order or law, that properlie concenie religion, or any cause capital!, 
or warres, or Subscription to any pubiique Articles or Remonstrance, 
in case they cannot in Judgement and conscience consent to that way the 
Major vote or suffrage goes, to make their contra Remonstrance or 
protestation in speech or writcing, and upon request to have their 
dissent recorded in the Rolles of that Court. So it be done Chris- 
tianlie and respectively for the manner. And tiieir dissent onely be 
entered without the reasons thereof, for the avoiding: of tediousness. 

76. Whensoever 



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75 



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78 



80 



81 



82 



33 



84 



85 



Whensoever any Jiirie of tiialls or Juiouis are not cleare in their 
Judffcmonts or couscient-es consenieiug any cause wherein tbey are to give 
llieir veidii't, They siiall have lilierlie in o[)cn Court to advise with any man 
they thinke titt to resolve or direct them, before they give in their verdict. 



In all cases wherein any freemtm is to give his vote, he it in point of 
Election, makeing constitutions and oiders, or passing sentence in any case 
of Jndicature or the like, if he cannot see reason to give it positively 
one way or an othei-, he shall have lihertie to be silent, and not pressed 
lo a determined vote. 



The Gencrall or put)li(]ue Treasure or any parte thereof shall never be ex- 
spended but by the appointment of a Generall Court, nor any Shire Treasure, 
but by the appointment of the freemen thereof, nor any Towne Treasurie 
but by the freemen of that Towneship. 



Liberties of Woemen. 

If any man at his death shall not leave his wife a competent portion 
of his estaite, upon just complaint made to the Generall Court she shall be 
relieved. 



Everie marryed woeman shall be free from bodilie correction or 
stripes by her husband, unlesse it be in his owne defence upon her 
assalt. ]f there be any just cause of correction complaint shall be made 
to Authoritie assembled in some Court, from which onely she shall receive it. 



Liberties of Children. 

When parents dye intestate, the Elder sonne shall have a doble portion 
of his whole estsite reall and personall, unlesse the Genendl Court upon 
just cause alleadged shall Judge otherwise. 



When parents dye intestate haveing noe heires males of their bodies 
their Daughters shall inherit as copartners, unles the Generall Court 
u])on just reason shall judge otherwise. 



If any parents shall wilfuUie and unreasonably deny any childe time- 
ly or convenient mariage, or shall exercise any unnaturall seve- 
ritie towards them, such childeren shall have free libertie to 
complaine to Authoritie for redresse. 



No Orphan dureing their minoritie which was not committed to tu- 
ition or service by the parents in their life time shall afterwards 
l)e absolutely disposed of by any kindred, freind. Executor, Towne- 
ship, or Church, nor by themselves Avithout the consent of some Court, 
wherein two Assistants at least shall be j^resent. 



Liberties of Servants 

If any servants shall flee from the Tiranny and crueltie of their masters 
to the howse of any freeman of tlie same Towne, tliey sliall be there protected and 
susteyned till due order lie taken for their relife. Provided due notice thereof be 
si)ee(lily i;iven to their inaisters from whom tliey tied. And the next Assistant or 

Constable where the partie flying is harboured. 

86. No servant 



p. 87. 
S. 5. 



P. 153. 



P. 150. 
S. 1,2. 



P. 101. 
S. 1. 



P. 1.58. 
S. 3. 



P. 158. 
S. 3. 



P. 28 

S. 5. 



P. m. 

S. G. 



P. 105. 
S. C. 



77 




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86 



87 



88 



89 



00 



91 



92 



93 



No st-rvunt shall l)e ]Hit of for above a yearo to anv other neither in the life 
time of their maister nor after their death by tiieir Executors or Admini.strators 

iinlesse il be by cousunt of Autliorilic assciiibliitl in some Court or two Assistants. 



If an^' man smite out the eye or tooth of his man-servant, or maid servant, 
or otherwise niayme or much disfigure him, unicsse it l)0 l)y meere casu- 
altie, he shall let them goe free from his service. And shall have such 
further recompense as the Court shall allow^ him. 



Servants that have served deligentlie and faitiifully to thebenetitt of tiicir mais- 
ters seaven yeares, shall not be sent away cmptie. And if any have bene 
unfaithful!, negligent or unprofitable in their service, notwithstanding 
the good usage of their maisters, they shall not be dismissed till they have made 
satisfaction according to the Judgement of .Vuthorilie. 



Liherties of Forreiners and Strangers. 

If any people of other IN^ations professiug the true Christian Religion 
shall tiee to us from the Tiranny or oppression of their persecutors, or from 
famyne, warres, or the like necessaiy and compulsarie cause. They shall 
be entertayned and succoured amongst us, according to that power and prudence 
god shall give ns. 



imonjrst 



There shall never l)e any bond slaverie, villinuge or (!:iptivitie 
us unles it be lawfull Captives taken in just warres, and such strangers as 
willingly selle themselves or are sold to us. And these shall have all the 
liberties and Christian usages which the law of god established in Israeli concern- 
ing such persons doeth morally require. This exempts none from servi- 
tude who shall be Judged thereto by Authoritie. 



Off the Bruite Creature. 

No man shall exercise any Tirranny or Crueltie towards any bruite 
Creature which are usuallie kept for man's use. 



If any man shall have occasion to leade or drive Cattel from place to 
place that is far of, so that they be weary, or hungry, or fall sick, or 
larabe. It shall be lawfid to rest or refresh them, for a competent 
time, in any open place that is not Corne, meadow, or inclosed for 
some peculiar use. 



Capitall Laws 



p. 10.-). 
8. 7. 



r. 105. 
s. ». 



p. 105. 
S. 9. 



P. 143. 



If any ships or other vessels, be 7t freind or enemy, shall suffer shipwi-ack ! 
upon our Coast, theie sli.ill be uo violence or wrong offerred to their persons or goods. P- !*''• 
Bnl their persons siiiill be JKirlionreil, and relieveil, and tlieir goods preserved in safety 
till Authoritie may be certified thereof, and shall take further order therein. 



P. 10. 



p. .S9. 



P. il 



3S 



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20. 



Ex. 22. 18. 
Lev. 20. 27 
Dut. 18. 10 



94. Cajtitall Laws. 
1. 
Dut! 11. 2, 6. 1 If ^"y "i^ri after legall conviction shall have or worship 
any other god, but the loi'd god, he shall be put to death. 

2. 

If any man or woeman be a witch, (that is hath or con- 
sulteth with a familiar spirit,) They shall be put to death. 

3. 

If any man shall Blaspheme the name of god, the father. 
Lev. 24.15, ifi. gonne or Holie ghost, with direct, expresse, presumptuous 
or high handed blasphemie, or shall curse god in the like 
manner, he shall be put to death. 

4. 

If any person committ any wilfuU murther, which is man- 
slaughter, committed upon premeditated mallice, hatred, 
or Crueltie, not in a mans necessarie and just defence, 
nor by meere casualtie against his will, he shall be 
put to death. 



Ex. 21. 12. 
Numb. 35. 13, 
14, 30, 31. 



Nurni>. 25. 20, If any pcrsou slayeth an other suddaienly 

Lev. 24. 17 



in 



his 



anarer 



or Crueltie of passion, he shall be put to death. 



6. 



Ex. 21. 14. 



Lev. 20. 
16. 



15, 



Lev. 20. 1-i 



Lev. 20. 19, 

and 18, 20. 
Dut. 22. 23, 24. 



Ex. 21. 16. 



Deut. 19. 16, 

18, 19. 



If any person shall slay an other through guile, either by 
poysoning or other such divelish practice, he shall i)e put to death. 

7. 
If any man or woeman shall lye with any beaste or bruite 
creature by Carnall Copulation, They shall surely be put to 
death. And the beast shall be slaineand buried and not eaten. 

8. 
If any man lyeth with inankinde as he lyeth with a woeman, both 
of them have committed abhomination, they both shall surely 
be put to death. 

9. 

If any person committeth Adultery with a maried or espoused wife, 
the Adulterer and Adulteresse shall surely be put to death. 

10. 
If any man stealeth a man or mankinde, he shall surely be put 
to death. 

11. 
If any man rise up by false witnes, wittingh'^ and of purpose 
to take away any mans life, he shall be put to death. 

12. 
If any man shall conspire and attempt any invasion, insurrec- 
tion, or publiijue rebellion against our commonwealth, or shall in- 
deavour to surprize any Towne or Townes, fort or forts therein, 
or shall treacherously and perf'ediouslie attemjjt the alteration 
and subversion of our frame of politic or Government funda- 
mentallie, he shall be put to death. 

A declaration 



I'. 14. 

S. I. 



S. 2. 



S. 3. 



S. 4. 



S. 5. 



S. 6. 



S. 7. 



S. 8. 



S. 9. 



S. 10. 



S. 11. 



S. VI 



39 



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95. A Declaration of the Liberties the Lord 
Jesus hath given to the Churches. 

All the people of god within this Jurisdiction who are not 
in a church way, and be orthodox in Judgement, and not p ^3 
scandalous in life, shall have full libertie to gather s. 1 
themselves into a Church Estaite. Provided they doe 
it in a Christian way, with due observation of the rules 
of Christ revealed in his word. 



i> 



G 



9 



2 



s. 4. 



s. 5. 



Every Church hath full libertie to exercise all the ordi- s. 3. 
nances of god, according to the rules of scripture. 

Every Church hath free libertie of Election and ordination 
of all their officers from time to time, provided they 
be able, pious and orthodox. 

Every Church hath free libertie of Admission, Recom- 
mendation, Dismission, and Expulsion, or deposall of their 
officei's and members, upon due cause, with free exercise 
of the Discipline and Censures of Christ according to the 
rules of his word. 

No Injunctions are to be put npon any Church, Church 
officers or member in point of Doctrine, worship or ^- ^• 
Discipline, whether for substance or cercumstance besides 
the Institutions of the lord. 



s. 7. 



S. 8. 



S. 0. 



10 



Eveiy Church of Christ hath freedome to celebrate 
dayes of fasting and prayer, and of thanksgiveing according 
to the word of god. 

The Elders of Churches have free libertie to meete 

monthly. Quarterly-, or otherwise, in convenient 

numbers and places, for conferences and consultaticms 

about Christian and Chui'ch questions and occasions. 

All Churclies have lil)ertie to deale with any of their 
members in a church way that are in the hand of Justice. 
So it be not to retard or hinder the course thei'eof. 

Every Church hath libertie to deale with any mages- 
trate, Deputie of Court or othei- officer what soe [! ^,^- 
ever that is a member in a church way in case of ap])a- 
rent and just offence given in their places, so it be done 
I with due observance and respect. 

Wee allowe private meetings for edification in re- 
ligion amongst Christians of all sortes of peojile. So 
it be without just offence for number, time, place, 
and other cercumstances. 

11. For the preventing 



S. I.'. 



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11 Fop tlie preventing 
that may giovv and 
Jurisdiction, and for the 
the tieveral churches within 



and 
spread 



removemg 
in any 



of orrour and offence 
of the Churches in this 
g of trueith and peace in 
themselves, and for the 



maintenance and exercise of brotherly communion, 
all the churches in the Countrie, It is allowed and 
by the Authoritie of this Generall Court as 
libertie of the Churches of Christ. That once 



amongst 

ratified, 

a lavvfuU 

in every 



month of the yeare (when the season will bearc it) 
It shall be lawfull for the minesters and Elders, of the 
Churches neere adjoyneing together, with any other 
of the breelheren with the consent of the churches to as- 
semble by course in each severall Church one af- 
ter an other. To the intent after the preaching of the woid 
by such a minister as shall be requested thereto by the 
Elders of the church where the Assembly is held. The rest 
of the day may be spent in publique Chi'istian Conference 
about the discussing and resolveing of any such doubts and 
cases of conscience concerning matter of doctrine 
or worship or government of the church as shall be propound- 
ed by any of the Breetheren of that church, with leave also to 
any other Brother to propound his objections or answeres 
for further satisfaction according to the word of god. 
Provided that the whole action be guided and moderated b}' 
the Elders of the Church where the Assemblie is helde, or 
by such others as they shall appoint. And that no thing be 
concluded and imposed by way of Authoi-itie from one or 
more Churches upon an other, but onely by way of 
Brotherly conference and consultations. That the trueth 
may be searched out to the satisfying of every mans con- 
science in the sight of god according his worde. And 
because such an Assembly and the worke theirof can not 
be duely attended to if other lectures be held in the 
same weeke. It is therefore agreed with the consent of the 
Churches. That in that weeke when such an Assembly is held, 
All the lectures in all the neighbouring Churches for that weeke 
shall be forborne. That so the publique service of Christ 
in this moi'e solemne Assembly may be transacted with 



greater 



deligence 



and attention. 



96. Howso- 



4L 










57 






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06 



Howsoever these above specified rites, fieodomes, Iinmunities, 
Authorities and priveledges, botli Civiil and Ecclesiastical are 
expressed onely under the name and title of Liberties, and not in the 
exact form of Laws or Statutes, yet we do with one consent fiil- 
lie Authorise, and earnestly intreale all that are and shall be in Au- 
ihoritie to consider them as laws, and not to faile to inflict con- 
di<>^ne and ])i'opoitionable punishments upon every man imparti- 
alhe, that shall infringe or violate any of them. 



97 



give full power 



and libertie to any 



shall 



person that 

to com- 



Wee likewise 

at any time be denyed or deprived of any of them, 
mence and prosecute their suite. Complaint or actioni>igaiust any man 
that shall so doe in any Court that hath proper Cognizance or judi- 
cature thereof. 



98 



Lastly because our dutie and desire is to do nothing suddainlie which 
fundamentall}^ eoncerue us, we decree that these riles and liber- 
ties, shall be Audably read and deliberately Aveighed at every 
Generall Court that shall be held, within three yeares next insueing. 
And such of them as shall not be altered or repealed they 
shall stand so I'atified, That no man shall infringe them Avith- 
out due punishment. 



And if any Generall Court within these next thre yeares shall faile 
or forget to reade and consider them as abovesaid. The Governor and Deputy 
Governor for the time being, and every Assistant present at such Courts 
shall forfeite 20sh. a man, and everie Deputie lOsh. a man for each 
neglect, which shall ))e p;iid out of their proper estate, and not bj- tlie Coun- 
try or the Townes which choose them, and whensoever tiiore shall arise 
any question in any Court amonge the Assistants and Ar:sociatcs there- 
of about the explanation of these Rites and liberties, The Generall Court 
onely shall have power to interprett them. 



INDEX TO BODY OF LIBERTIES. 



REFERENCES ARE TO THE NUMBER OF THE LIBERTY. 



Abatements, 25. 

Actions, malicious, pnnishcd, 37. 

to be enrolled, C4. 

.\djournnients. (i'J. 

Admiral, annual election of. fi". 

Adultery punished !>> ileatli, (14. 

Ajie of discretion, 5;i. 

Alienation of lands and estates Sllowed, 11, 

, sec Conveyances. 

Animals, cruelty to, forbidden, 02. 

Answers may l)e in writint;, 27. 

Appeals, security for, to be given in six days, 

36. 
Assembly, presiding officer to be suspended 

and punished for refusing to i)nt a 

vote, o-t. 
casting vote in, 71. 

protest allowed in, 7.5. 

Assistants, punished for misbehavior in court, 
19. 

. • may issue attachments, 21. 

court of appeals, 3(!. 

appeal from, to General Court, 30. 

associates to, how chosen, 51. 

Attendance, non-, before any court or ofTicer, 

not punishable if uuavoidable, 4. 

Bail allowed, IS. 

Bauishment, power of, reserved to General 

Court, 1, 
Barrator, common, punishment of, 34. 
Bench, see Judges. 
Bestiality pnnislicd by death, 04. 
Blas^phemy punished i)y death, 94. 

Capital cases, reserved for General Cou't, I. 

punishment, allowed only on full evi- 
dence, 47. 

, see Executions. 

Cause, to be stated in summons, 21. 

criminal, to be tried at next court, 41. 

Children, not to convey estates, 14. 

entitled to proper marriages, 83. 

, .see Wife. 

Chtirclies, to be sustained by the civil power, 
68. 

members amenable to civil power, 50. 

censure not to aflect civil authority, CO. 

privileges and rights defined, 95; es- 
pecially to gather churches ; to govern 
by Gospel rules; to elect and ordain 
oftlcers ; to admit and dismiss members ; 
to be free from injunction: to appoint 
fa.sts and thanksgivings; to hold con- 
ferences; to discipline members while 
in the hands of civil autliority; to 
discipline members who arc church- 
members; to hold private religif)U'* 
meetings, and to hold councils of 
churches. 

Conveyance, valid, 11. 

. invalid in certain cases, 14. 

covenous and fraudulent, illegal, 15. 

under duress, illegal, 40. 

Court, neglect of, 4. 

contempt of, 18. 

errors and abatements, 25. 

^ proceedings may be in writing, 27. 

- — to give judgment on special verdicts, 31 

when differing from jury may refer to 

the General Court, 31. 



Court, to keep public records, 38. 

may respite execution 30. 

to enter all actions on rolls, C4. 

Court, General, power in capital cases. 1. 
power over life, person and prop- 
erty. 1. 

appeal to, 31, 36. 

— to ratify certain conveyances, 14. 

adjournment of, 69. 

powers over great ponds, IC. 

to revise and ratify tliese Liberties 

annually for three years, 98. 

penalty for neglect of Liberty 98, — 

last clause. 
Crime, no one to be tried twice for the same, 
42. 

Daughters to take as copartners, 82. 

Debt, imprisonment for, 33. 

Deputies, how to be chosen, G2, C7. 

term of office, 67. 

Dismembering, power of, reserved to General 
Court, 1. 

Dissection of malefactors. 44. 

Distress, perishable goods taken in. 35. 

Drovers allowed privileges in travelling. 0.1. 

Duress invalidates all conveyances or prom- 
ises, 40. 

Election, annual, of ofTicers, G7. 

Emigration permitted. 17. 

Escheats forbidden, 10. 

Estates, see Inteslnle. 

Execution, criminal condemned not to be exe- 
cuted in less than four days from sentence, 
44. 

Exemptions from war or public service, 6. 

Fishing, free, 16. 

Foreigners to have equal protection, 2. 

Forfeitures forbidden, 10. 

Fowling, free, 1(!. 

Freedom of speech and vote, 70. 

General Court, see Court, General. 
Governor to have a casting vote, 71. 

, see Officers. 

Great ponds, fishing in, 16. 

Ileriots forbidden, 10. 
Honor and good name protected, 1. 
Householders, rights to free fishing and fowl- 
ing, 16. 

Idolatry punisheil by death, 94. 
Idiots not to convey estates, 14. 
liifonnations not to be laid, 61. 
Iiihaliitants all to have e(|ual justice, 2. 
Inheritances free from fines, etc., 10. 
Iiujuests provided, 57. 

Interest, legal rate to be eight per cent., 23. 
Intestate estates, how divided, 81, 82. 

Jeofails, statute of, 25. 

Judges, punished for misbehavior in court, 20. 

may try actions without jury, 20. 

may approve challenges of jurors, 30, 

Judgments, errors in, 25. 

may be resiiited, 39. 

, see Suits. 

Jurors, right to challenge, 30. 
C63) 



64 



Index to Body of Lihcrlies. 



Jurors, may allow cballonscs. 30. 
may l)riiiu in a non-liqiiit, 31. 

tiiiif of M.'rvicf, 4'J. 

to III- (■llO^(■n by follow-towii'-mon. ."lO. 

may i;oii»ull l)y>laiiclir> iii open court, 7C. 

not I <iiu|i(_'1Ilm1 to vote on verdict, 77. 

j;rand, to be paid, 03. 

Lands free from fines, etc., 10. 

Law of (iod to lie followed in lack of stat- 

nte, 1. 
Laws, capital, 04 ; inflicting death-penalty for : 

Heresv. § 1. " 

Witchcraft. § 2. 

ISlasphemy. § 3. 

Mnrder. §§ 4. 5. 

Poisoning, § (J. 

Bestialitv. § 7. 

Sodomy," § 8. 

Adultery. § 9. 

Jlan-stealiiig. § 10. 

Perjury against life, § 11. 

Trca-on, § IL'. 
Laws to be pulilislied. 1. 
Lib('rtie~, to ha\e the force of laws. 00. 
breacli of. noticed by tlio courts 97. 

to be revised and ratilled ani.ually for 

three years, 9S. 
Lifi' inviolable except by action of law. 1. 
Liveries forbidden, 10. 

Malefactors, after execution to he buried 
wi'Jiin twelve hours, unless dissected, 
44. 

Man-'-fealing punished liy death, 94. 

IMarri-ige. parents to settle children in, 83. 

Married women not to convey estates, 14. 

Meeting-. fr]i-i.i;;ners allowed to act in, 12. 

moilerator to have easting vote at, 71. 

Jlouopolie- forriiddeu, 9. 

Murder imnished ))y death, 94. 

Non-liquit. sec Verdict, special. 

Oath not eompidsory. 3. 
Olllcers, general, defined. 07. 

elected by freemen, 07. 

tenure of ollicc, G7. 

to be reiiaid their expenses, 03. 

Orphans to be bound out only by order of 
court, 64. 

Patents allowed. 9. 

I'erjurv. touching life, punislicd with death, 

94. 
Person, not to be arrested or punished except 

by law, 1. 
to lie free from arrest for debt or line, if 

estate can be found, 33. 
Picas may be in writinir, 27. 
Poisoning, punished with death, 94. 
Ponds, see Great Ponds. 
Prescription not to be maintained against 

Gospel Oj. 
Presiding ollicer, see Asscinhhj. 
Press, see Work, j'i'ljtic. 
Primer-seisins forliiddcn. in. 
Property, to be taken only by liw, 1. 
not to be taken for public use without 

coinpensatiou, 8. 
Protest allowed. 7.5. 
Prudential allairs to he settled by towns, GO. 

ollicers elected, 74. 

Piililic expenses, see Officers. 

service in foreign parts not compulsory, 

73. 
Punishment, of married women, 80. 

liarl)arons, forbidden, 40. 

cajiital, see Lavs. 

bodily, sec Stripes. 



Kecords. open to public examination, 48. 

certified copies olitainaljle, i'i. 

of [irotests to be made. 7j. 

of courts to be kept. 38. 

Iteinoval of ollicers for cau-^e, C7. 
lieiilevm allowed. 32. 
Peprieves. how granted. 72. 
Kivers, see Great Puud.-s. 

Security to be given in cases of replevin, 32. 

.Servants, to be protected, 81. 

transfers of, regulated, 8C. 

injury to. 87. 

to lie rewarded at end of term. SS. 

Slavery prohibited, 91. 

Sodomy puni-hed with death. 94. 

Son. elder, to have a double portion of intes- 
tate estates. 81. 

Strangers, Christian, to be received and 
"aided. 89. 

ship-wrecked, to be protected, 91. 

. see Foreigners. 

Stripes, not above forty to be given, and gen- 
tlemen to l)e exempt. 43. 

Suits, vexatiou>. to be punished. 22. 

not to be aliated, arrested, or reversed 

for technical errors, 23. 

may l)e withdrawn and renewed in another 

court, 28. 

of children, idiots, strangers, etc., to be 

specially protected, 32. 

p:;rties given fulle>t liberty to claim ancl 

to answer. 35. 

Summons to ha served at least si.x days be- 
fore trial, 21. 

Taxes not to be assessed on estate outside of 

the colony. 13. 
Testimony, to l)e recorded, 38. 

)'/( perp'ti riui rei ruenioriam, 38. 

Torture greaily restricted, 43. 
Town-meeliiig, disturl)ance at, to be pun- 
ished, 5(1. 
Towns, to choose deputies, 02. 

to regul.'.te their iu-iuli.'ntials, CO, 

Treason puni^lied l\v death, 94, 
Trea-ure, pulilic, how to l>e di'^bur^ed, 78, 
Trespass, no damages for, if party injured 

caused it, 24, 
Trials may be by the Ijench alone or with a 

jury, 29. 

Usury forbidden, 23. 
. see Interest. 

^'erdict, suits may be withdrawn before, 28, 

special, may bo given, 31. 

Vote, casting, 71, 

mu^t be put, 34. 

A'oliiiir. freedom of, 70. 
not compulsory, 77. 

War beyond the colony, service not com- 
pulsory. 7. 

Wardships forbidden, 10, 

AVaste, year and day, forbidden, 10, 

Water-marl;, high and low, limits of free lisli- 
iii2 ami fowling. 10. 

AVidow to receive dower, 79. 

Wife and children not to be taken away, 1. 

AVills allowed, 11. 

Witchcraft punished by death, 94. 

Women, married, free from bodily puuish- 
mcnt by husbands. 80. 
I AA'ork. pulilic, no man to be imjircssed for, 
I without due compensation, 5. 
I Wreck, in case of, goods to be protected, 90. 
I Written picas and answers allowed, 27. 



APPENDIX. 



CONTAINING FAC-SIMILES OF THOSE PAGES OF THE ANSWER OF THE 

GENERAL COURT IN IG-tG, WHICH CONTAIN REFERENCES TO 

THE BODY OF LIBERTIES. (See ante, p. 16.) 



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PART SECOND: 



THE ACCOUNT OF THE LEGISLATIOX FRO:\I KUl TO l(i72, 

INCLUDING THE TWO REVISIONS OF THE 

LAWS IN 164!1 AND KWJO. 



BIBLIOGEAPHY UF THE LAWS. 



We resume the history of the publication of the Laws, at the 
point mentioned on page 9, ante, viz.: immediately aftei- the enact- 
ment of the Body of Liberties in October, 16il. 

The General Court ordered June 1-^, li'A'l (Records, 
ii. 21): — 

"That the Governor [Winthroj)], Mr. BelUnghiim and the Secretarv, 
[Nowell] witli the deputies of Boston, sliall examine and survev tlie orders ot 
tliis last Court, and perfect the same tor the jmblishing."' 

Also, (Records, ii. 2i) " that sueli laws as make any offence to be cap- 
ital shall forthwith be imprinted and publislied, of wiiich laws tlie Secretary is 
to send a copy to the printer, wlien it liatli been examined by Governor or 
Mr. Bellingham witli himself, and tlie Treasurer to pay for tlic printing of 
them." 

September 27, 1642 (Recoi-ds, ii. 28) " it is ordered, that every Court 
should have a copy of the laws at the public charge." 

May 10. 11)43 (Records, ii. .39), " the former committee of magistrates 
and de[)Uties are authorized and appointed to examine and perfect tlie Laws." 

March 7, 1(34:3— i (Kecords, ii. 5S), the famous order was 
passed providinj^ that the two houses should sit separately, each 
branch ])assing upon the ordei's forwarded from the other. This 
order will be found in lull, post, p. 134:. 

March 7, 164:3-4 (Records, ii. 61), the following^ vote was 
passed : — 

" It is ordered that the Governor, [Winthrop] ^Nlr. Dudley and iMr. Ilib- 
bens, these or any two of them, siiall be a committee to consider of the liodv ot 
Liberties, against the next General Court, wliat is fit to be repealed or allowed, 
and present the same to tlie next Court." 

" Also the Magistrates residing at Ipswich, or any two of tlicm, arc ap- 
pointed a Committee for the same purpose, that so the ( 'ourt conferring botii 
together may more easily determine what to settle alioi'.t tli;' same." 

"It is ordered that Richard Bellingham Esq. should finish that which wa.-) 
formerly committed to him about the perusing of the Book of laws, &c. and to 
[)rescnt the same to the next Court." 

May 27, 1644, the Legislature adjourned to October 30th, but 
the Journal of the House of Deputies contains tlie report of the acts 



72 Iniroduciion. 

of that l)ranfh during June. It a])peais (Records, iii. 6) that on 
Juue 7, 1G44: — 

" It i.s ordered that Lieut. Spragup, Francis (^liickering, Stejihen Kingslcy, 
Tlidiiias Mekius, ^^'illialll Hilton, Jiisepli Batciiclor, Mr. Steevciis, William 
\\ iird, Lieut. Howard, AVilliaiu Eastowc, Tlioiiias Brooke, Lieut. Johnson and 
.T(is([ili ^Ie:idealf'e, are elioseii a coiiiiuittee to examine the book delivered in by 
Ml', lielliiig'liam, and compare it with the book of records, and return their 
olijectioiis and thoughts thereof to this house in writing." 

[William AVard was a dejiuty from Sudbury iu 164:4:, but not later.] 

May 2i). KJii (Kecoi-ds, ii. GU), it was ordered: — 

" That for t!ic better building of shipping within this jurisdiction, and for 
tlie a\oiding of many inconveniences which now both owners and l)uilders are 
srjjjcct unto, there be a company of that trade, according to the manner of 
otjier places, with jiower to regulate building of ships, and to make such orders 
and laws among themselves as may conduce to the public good, if any shall 
appear the next Court and present laws ior consideration." 

May 29, 1G44 (Records, ii. 7G-78). The Court established 
the connnissiou of the Sergeant-major-gejieral, Tliomas Dudley. 
l\y it provision was made that 

" Yourself, together with the Council of War, shall have power to 
make such wholesome laws, agreeal)le to the word of God, as you shall con- 
ceive to l)e necessary for the well-ordering of your army, until the General 
Court shall pro\i(li' for llie same : which lieing snfticiciitly published, you, with 
tiie said Council, ha\e power to put in execution, be it to the taking away of life 
or otherwise." 

Xoxeniber lo, ir)44 (Records, ii. 81*), "it is ordered that all the several 
orders of general concernment agreed on this whole Coiu't, shall be forthwith 
published to the se\eral towiis within tiiis jurisdiction, and that the several 
towns shall procure a copy of them within three moiiths, under the Secretary 
his hand." 

At the same Court (Records, ii. 91), there were presented the 
Answers of the Elders to certain Questions submitted to them. 
One question Avas, whether the magistrates were, in cases whei-e no 
express law was provided, to be guided by the word of God. The 
answer was: — 

'' W'v do not find tiiat by the [latenl they are ex])ressly directed to jn-oceed 
according to llie word of (iod ; i)ut we understand that iiy a line or lilx'rtij af the 
coini/ri/, they may art in cases wherein as yet there is no express law, so that 
in sucii acts they proceed according to the word of God." 



Jutradui/ioit. 73 

Here the reference is plainly to Liberty No. 1, and this 
Liberty is republished, unaltered, in IGGO, as the tirst seetion of the 
General Laws. 

" July 1, 1645 (Records, iii. 26), tht- -lournal of Deputies 
has the following- entry : — 

*' It is orcleie<l that se\enil persons out of o:icli loiinty shall be 
chosen to draw up a hotly of laws and present them to tlie eonsiileratioii of the 
General Court at their next sitting. 

" For the eounty of Suffolk, our honored Governor, [Dudley] Mr. 
Hibbens, Mr. Cotton, Mr. Mather, Lieut. Duncan and Mr. Pridiard are 
chosen a committee to meet, confer together, and draw u[) a Ijudy of laws and 
to present them to the next session of this Court. 

" For the county of Middlesex, Herl)ert Pelham, Esq., Mr. Xowcll, Mr. 
Thomas Shepard, Mr. Allen, Capt. Cooke, and Lieut. Johnson," were similarly 
appointed. 

" For Essex, Kiehard Bellingham, Esq., Mr. Ikadstreet, Mr. Natiil. 
Rogers, Mr. Norton, Mr. "Ward, and Mr. Hathorne " were similarh- appointed. 
[This Mr. Ward could not be William, as Sudbury was in ^liddlesex.] 

Li each case two magistrates, two ministers, and two deputies 
seem to have been appointed, except that in Essex, Mr. Nathaniel 
Ward seems to take the place of one dei^uty. 

^October 1, 1645 (Records, ii. 128), it was voted 

" Whereas this Court, in a former session, chose and appointed se\cral 
honored members of this commonwealth as commissioners in their several 
shires, to meet together in some convenient place within each shire, to consult 
together, and to return to this Court a result of their thoughts, that this Court 
may pi-oceed thereui)on to satisfy the expectation of the country in establishing 
a body of laws ; this Court thinks it meet to desire tiie persons in the order iiien- 
tioned, at or before the 12th of November next, in their several shires to meet 
together; in Boston for Suffolk, in Cambridge for INIiddlesex, in Ipswich for 
Essex : and after their first meeting at the time and places above mentioned, by 
warrant from the Secretary to each committee of each shire, and then as often 
as they please, to appoint their own meetings for the accom[)lishment of the end 
so desired: and to make their return of what tiuy sliall do hcicin, to the next 
sitting of the General Court. 

" In Captain Cooke's room, at liis request, Mr. Joseph Hill of Charles- 
town; in Mr. Allen's room, ^Ir. Knowles ; and ]Mr. (ilovcr in Mi-. I'richai-d's 
room. They being t)ut of the way, or shall be suddenly, — .Mr. Svmonds is 

'- The oorri'spcmilin^' untrv in tlie Journal of the two houses is in IJecords, ii. 109, under 
date of May 14, KUfi, and it varies only by saying timt these tliree coniniittees are to report to 
the next General Court. —W. H. W. 

" The correspondin}; entry in the Journal ol the Deputies i» iluled Oelober 7, llii.j ^liec- 
ords, iii. 40-471. — W. H. W. 



74 Introduclioii. 

iiiislciid of Mr. Bpllinaiiam for Ipswicli, because Mr. Bellingliain now resides at 
Uo-ston ; ami Mr. Ik'Uingliain to be tor Boston, added to the former. 

" And tile calling of eaeli assendjly to each place is in Mr. Bcllinghaui for 
Boston, Mr. Pelham for C'anii)ridge, and Mr. Syniouds for Ipswieh." 



The next step seem.'? to have been the appointment of a small 
sul)-co\nniittee to digest and arrange the work of the three general 
eojnniittees. 

May 22, KJiG (Keeords, ii. I.jT), the Ibllowing vote was 
passed : '-* — 

"This Court thankfully accepts of the labors returned by the several com- 
mittees of the several shires, and being very unwilling such precious labors 
should fall to the ground Mithout [that] good success as is generally hoped for, 
have thought it meet to desire llichard Bellingham, Esq., Mr. [SanmelJ 
Svmonds, Jjieut. [Xathaniel] Duncan, Lieut. fEdward] Johnson, and Mr. 
[Nathaniel] ^^'arll, to cause each eonimittec's return about a body of laws to 
be transcribed, so as each committee may lia\e the sight of the other's labors. 
And that th(> persons mentioned in this order be pleased to meet together, at or 
before the lOtli of August, at Salem or Ipswich : and on their perusing and 
examining the whole lal)ors of ;dl the committees, — with the abbreviation of 
the laws in force which ]Mr. Bellingham took great store of |)uns and to good 
purpose in and upon the whole, — and makt' return to the next session of this 
Court : at which time the Court intends, by the favor and blessing of God, to 
proceed to the cstablisliintr of so many of them as shall be thou<ilit most tit for 
a body of laws amongst us." 

It will lie remembered that this year was an anxious period 
for the colonists. Doc-tor Child and others had raised questions 
about the powers of the Legislature, and the answer of the General 
Court had been ])repared lor transmission to England. Although 
AVinthrop says nothing al)ont this matter of the publication of the 
laws, his journal shows that the communit}' was excited and 
uneasy on the point. The above-named committee of six evi- 
dently did not Avork with suihcient j)romptness, and a change Avas 
desired. 

Accordingly, -^ November 4, 104(5 (Records, ii. K 58), the fol- 
lowing order was ])assed: — 



'-'*Tlio ■Journal of thr Ooputics of Jliiy 20, HUO (Records, iii. 74, 75), lias the correspond- 
ing cntrv. It iiiiikc's the rovisiny coinniittce to consist of Bellini^'liani anj Duncan, Nowell and 
Jolinson, Syniiimls ami Ward, thus adding Secretary Nowell to it. — W. 11. W. 

-•' riic .Inurnal of Deputies of the same date (Keeords, iii. s4, 85) has this same order, 
somewhat abbreviated W. H. W. 



Li trod ltd ion. 75 

" Tlie Court hoinjx deeply sensible to the cai-nest expectation of the 
Country in genenil for tiiis Court's completing of a hoily of Laws idr tlie hotter 
and more orderly wielding all the affairs of this Comnionwcaltli : willing also ti> 
their utmost to answer their honest and hearty desires therein, iinexpectedlv 
prevented by multitude of other pressing occasions, think fit and necessary that 
this Court make choice of two or three of our honored Magistrates, with as 
many of the Deputies, to peruse and examine, compare, transcrilie, and compose 
in good order, all the liberties, laws and ordei's extant with us ; and further to 
peruse and perfect all such others as are drawn up. and to present such of them 
as they find necessary for us, as also to suggest what they deem needful to he 
added, as also to consider and contrive some good niefiiod and order, with titles 
and tables for compiling the wiiole ; so as we may have ready recourse to any 
of them, upon all occasions, whereby we may manifest our utter disaffection to 
arbitrary Government an<l so all relations be safely and sweetly directed and 
protected in all their just rights and privileges ; desiring thereby to make wav 
for printing our Laws for more pidilic and profitable use of us and our suc- 
cessors. Our honored (iovernor, [Wintlirop] Mr. Bellinghani. ^Ir. Hibbens. 
Mr. Hill and Mr. Duncan as a Coniuiiltco for the iiusiness above ni('nti(iu<Ml, or 
any three of theui meeting, the others ha\ ing notice thereof, shall be sufficient 
to carrv on the work."' 



It will be noticed that only Bollingham and Duncan were I'e- 
tained of the former committee of six. Their i)ower.s probably 
expii-ed Avith the term of the Legislature. At all events the next 
General Court revived and cf)ntinued their powers by the follow- 
ing order, dated May 2G, 1647 (Records, ii. 10(3) : — 

*' The Court understanding tiiat tlie Committee for ]ierfecting the laws 
appointed by the last General Court, through strcights of time and other things 
intervening have not attained what they expected, ajid on all hands so much 
desired, touching a body of laws, think meet and necessary that our honored 
Governor, [AVinthrop] Mr. Bdlinghaui, Mr. Hibbens. th<' Auditor General 
[Duncan], Lieut. Johnson.'" and ]\Ir. Hills be cIios'mi as a Committee of this 
Court to do the same, according to the aforesaid order, against the next sessions 
in the 8th month or the next General Court." 



'" In copying tliis ontry Mr. F. C. Gray omitteil tlio ii;iiiii' cif .lolinson, <loul)tlc.ss not recni;- 
nizing tliL-rein the .TUtlior of *' Womler-Working Proviiltntc." In tlio :i<iniiral>le reprint of that 
book, issueil at AndoviT in 1S(!7, unJer the care of William F. Poole, the editor h.as attempted to 
show that Edward Jolinson was one of the most active and important members of the committee. 
The main argument is, that .Johnson w.as on the committee ajipointed M.iy 21', 1040, and on that 
of May 20, 1047, but was omitted on that of November 4, 1040; that the first and last com- 
mittees were active and the second inactive: that hence this activity was owing to tlie presence 
of Johnson. But I fail to see that the first committee did anything, and rxdlinghnm was 
undoubtedly the controlling spirit throiigliout. We shall sec later that .Joseph Hills of 
Maiden was employed about the jirinted laws, and did all tlie clerical ]iart of the revi- 
sion.— W. II. \V. 



7(5 ' Introduction. 

November 11. 1G47 (Records, ii. 209), the following vote 
was passed: — 

" The laws hcint;- to bo put in print, it is nicci; thsit they sliould be cou- 
venieiitly ])cnned : therefore it is desired that tlie eomniittee for drawing up tlie 
laws will l)c careftd tliereiii ; and to tliat purpose tlicy have liberty to make some 
change of form, to ]iut in apt words as oeeasion shall require, ])rovided the 
sense and meaning in any law or part thereof be not changed."'''' 

November 11, 104:7 (Records, ii. 212), the following vote was 
passed: — 

" It is agreed by tlie ("ourt, to the end that wc may have better light for 
making anil jnoceiMling ,".l)0ut laws, that there shall be these books following 
procured foi the use of the Court from time to time : — 

Two of Sir Edward Cooke upon Littleton; 

two of the l>ook of Kntries ; 

two of Sir Edward Cooke upon Magna Charta ; 

twii of The New Terms of the Law : 

two Dalton's Justice of the Peace; 

two of Sir Edward Cook's lve[iorts." 

The next entry, at the same session of I^ovember, 1647 
(Records, ii. 217-8), is as Ibllows: — 

" '{'he laws nt>\\ bciuLT in a manner agreed ui)on, and the Court drawing 
lo an end, it is time to take order : 1. How all alteration of former laws may 
be without mistaking compared and fair written : 2(1. That all old laws not 
altered be also written in the same copy : iUUy. That there be a Committee 
■•hosen for this business, to lie made ready against the first day of the first 
month next, so as tlir Court of Assistants, if they sec cause may advise for a 
Grcneral Comt to prepare them for the press : 4thly. That there be large 
niargins left at both sidi's of the leaf, and the heads of each law written on the 
two outsidcs the'xof. and n[ion the other margent any references and scriptures 
or the like, and 'hat thesr be written copywisc. The (iovernor [AVinthro|i] , 
Mr. IJelliiighaai. Mr. Hill, Mr. Auditor [Duncan] and Mr. Ting are joined iu 
this Conuiiitcce to act according as in this pa[)er is expressed.'' 

Here, again, the eominittee seems to be reconstructed, Johnson 
being dropped and Tyng substituted for Hibbens. The other four, 

■^ Tiiis very inijiort.-int volt- inn-^t Ix' rriiu'iiiltercd in t'omp;irin<r tlie I^a^vs of 1I)(I0 "witti the 
original records. Tins iievision of KUlt, liein;.; ajijiroved by tile General Court, took tlie place of 
fiirmer la«s. and was iuid:)nhtedly taken over witlioiit change into the text of the Revi.sion of 
KiCO. It may even hi' that some law, or ]iart of a law, was enacted for the first time in this Revi- 
si(m, if found to Ih- neees.-ary and aeeeiilahle. — \V. 11. W. 



Introduction. 77 

"Winthrop, Bollnigham, Duncan and Hills seem to have oontinncd 
the work. The ibllowing order of the Court in Maveh, 1()47-.'^ 
(Records, ii. 227), shows that they had assistance in the clerical 
jjortion, and that two standard copies were prejiared: — 

" The Court cloth conceive it ineete that John Wayte of Charlestovvn 
Village, shall be allowed, out of the next country rate, for his writing, one 
book of the laws and fur finding paper for both books, £4 ,, 18 siiillings." 

Also (Records, ii. -oO), " The Court doth desire that ]Mr. Ivawson and 
Mr. Hill compare the amendments of the books of laws passed, and make them as 
one ; and one of them to remain in the hands of the Committee for the speedy 
committing of them to the press, and the other to remain in the hands of the 
Secretary, sealed up, till the next Court." 

Two months later, under date of May 10, 1648 (Records, ii. 

239):=' — 

" It is ordered, the copy of the Laws in the two rolls. — which were (by 
order of the Court) sealed up, with intent that if hereafter any questions should 
arise about the copy now at the press, it might be examined by this, whereb}' 
the faithfulness of the committee might be tried ; — and that the other copy 
(now remaining with Mr. Hill) , — should forthwith be sent for, for the use 
of the Court." ■■'3 

Later, at the same session. May 10, 1648 (Records, ii. 246), 
it was voted as follows: — 

"Mr. Auditor [Duncan] and Mr. Hill to examine the laws now at press, 
and to see if any material law be not put in or mentioned in the table as being 
of force, and to make supply of them." 

In the Journal of the Deputies for ^"May 13, 1648 (Records, 
ii. 263), is the following item: — 

" Ordered, that in the book of Laws, title Appeals, in the last line save 
one, (Ji'f'f) to be entered next before charges; and the Auditor General to see 
it entered in every book." 

'-' Compare .Tou.rnal of the Deputies of May 13, 1048 (Records, iii. 125). — W. H. W. 

-' Mr. F. C. Gray notes that something seems to be omitted in this sentence. I think, 
however, by inserting two dashes as above, the sense is phiin and the sentence grHmmatical. I 
apprehend that the phrase " and that the other copy " is in accordance with the custom of the 
times and " tliat" is a pronoun. Or it m.ay be th.at the word " tliat" is merely superfluous. It 
seems evident that both copies were to be sent for to be used by the Court. — W. H. W. 

^^ Tliis same entry is in the Journal of the Deputies (IJecords, iii. 1.30). On the same page 
is a mention of certain propositions to be made to the "C'nited Colonies, and tlie entry is, " Propo- 
sition 3, page 24. This consisting of many branches and the Court not havintr time to consider 
their own laws and practice in the case have deferred it to a committee to examine and to certify 
the next Court." See the same entries in Records, ii. 263-4. — W. H. W. 



78 Introduction. 

In October, 1(348, provision was made for ti-anscribing in an 
alphabetical or metliodical way, all laws, orders and acts of Court, 
contained in the old books, which wei'e in force bnt not included 
in the printed revision.^^ 

"October IS, 1C48 (Ufcords, ii. I'.J'J, and iii. Uli, tin- followin;; important order was 
passed : — 

" For the better carrying on tlie occasions of the General Court, and to tlie end that the 
records of the same, together with what shall be presented by way of petition &c, or passes by 
way of vote, eitlier amiiiiL;st tlie magistrates or deputies, may liereafter be more exactly re- 
corded and kept for iniblic use : — 

It is hereby ordered, that as there is a Secretary amongst tlic Magistrates (who is the 
general officer of tlie Commonwealth, for the keeping of the public records of the same) so there 
shall he a Clerk amongst the Deputies to be chosen by them from time to tiuie ; 

That, (by tlie Court of Elections and then the officers to begin their entries and their recom- 
pense accordingly) there be provided by tlie Auditor, four large paper books in folio, bound up with 
vellum and pasteboard, two whereof to be delivered to the Secretary ami two to tlie Clerk of the 
House of Deputies, one to be a journal to eacli of them, the other for the fair entry of all laws, acts 
and orders Ac, which sliall pass the magistrates and deputies ; that of the Secretary to be the public 
record of the country, that of the Clerk's to be a book only of copies. 

That the Secretary and Clerk for the Deputies shall briefly enter into their journals, respec- 
tively, the title of all bills, orders, laws, petitions &c, which shall be presented and read amongst 
them, what are referred to committees, and what are voted negatively or affirmatively, and so for 
any addition or alteration. 

That all bills, laws, petitions, &c., wliich shall be last concluded amongst the Magistrates, 
shall remain with the Governor till the latter end of that session ; and such as are last assented 
to by the Deputies shall remain with the Speaker till the said time; when the whole Court shall 
meet together, or a committee of Jlagistrates and Deputies, to consider what has passed that 
session, where the Secretary and Clerk shall be present, and by their journals call for such 
bills &c, as hath passed either house : 

and such as shall appear to have passed the magistrates and Deputies shall be delivered 
to the Secretary to record, who shall record the same within one month after every sessions; 
which being done, the Clerk of the Deputies shall have liberty, for one month after, to trans- 
cribe the same into his book. 

And such bills, orders &c., that hath only passed the Magistrates, shall be delivered to 
the Secretary to keep upon file; and snch as have only passed the Deputies shall be delivered 
to their Clerk to be kept upon file in like manner, or otherwise disposed of as the whole Court 
shall appoint. 

That all laws, orders and acts of Court, contained in the old books, that are of force and 
not ordereil to be printed, be transcribed in some alph.abetieal or methodical way, by direction of 
some cmiimittee that this Court shall please to appoint, and delivered to the Secretary to record 
in the first place in the said hook of records, and then the acts of the other sessions in order ac- 
cordingly, and a copy of all to be transcribed by the Clerk of the Deputies as aforesaid. 

That the Secretary be allowed for his pains twenty marks per annum, and the Clerk 
of the Dejiuties ten pounds per annum, to be paid out of the treasury, till the Court shall ap- 
point their recompense by fees or otherwise." 

Under date of Oct. 18, 1G.")0 (Kecords, iv. jiart 1, p. 33), there is an entry showing that 
Willi.am Torrey had not then written up the Deiuities' liook. See also the references (Kecords, 
iv. |)ai't 1. )). 324) May 111, 1(k>8, to various books of records, when the laws about Constables 
were t.'ollected and cnditied. 

I am sorry to add that none of these various records and compilations of laws arc now ex- 
tant at our State House. Tlie continuous record to 1C>SG exists and one volume (IG4-t-iri,57) of 
the Journal of the Deputies. These are well known, having been printed by the State. Many 
of tlie original orders, papers, and minutes are in the files ; but the ill-timed zeal of a former Sec- 
retary caused the dispersion of these papers into a new classified arrangement, and the continuity of 
the record is lost. I am informed that, in .-ome cases, books of orders were cut apart and the 
items scattered into the various new receptacles. Possibly some of these books ordered in 1(;48 
lasted intact for two centuries, to be improved out of existence in our days. — W. H. W. 



Introduction. 



32 



October 27, 1648 (Records, ii. 2G2) :— 



"It is onlercd 1)V the full Court, tliat tlie books of laws, now at tlie 
press, may be sold in quires, at three shillinirs tlie hook ; jirovided tliat e^ ery 
member of tliis Court sliall have one without price, and tiie Auditor-general 
and Mr. Joseph Hill ; for which there shall be fifty in all taken up, to be dis- 
posed of by the appointment of this Court."' 

May 2, 1049 (Records, ii. 273, and iii. 1(>2), the following vote 
was passed : — 

" Mr. Joseph Hill is granted, as a gratnity, ten pounds, to be paid him 
out of the treasury, for his j)ains about the printed laws." 



Finally Ave have the distinct CAndence of Joseph Hills, as set 
forth below, that the Book of Laws was prepared by him, and put 
through the press under his supervision. Hills was a member of 
the House for Charlestown in 1047, and Speaker in that year. He 
represented Maiden 1650-1 G."G; lemovcd to Newbury soon after, 
and represented that town in 1667; he died in 16S8, aged 86 
years. His petition will be found in Mass. Archives, vol. 47, p. 19. 
It is as follows: — 

"In as much as it hath pleased the General Court to engage me in sundry 
great and weighty services in retlerenee to all the generall laws here establisiied, 
now in print ffor pid)licpie good : In consideration whereof as I conceive, a 
Gratuity of Ten jwunds was Appointed me by the Treasurer, wiiich as it holds 
forth the good acceptance of the Honored Court, I thankfully acknowledge, as 
duty binds me. 

" Yet apprehending that my Great care, paynes and studies in these diffi- 
cult Iniployments was not truly Informed or understood, I desire briefly to 
tender you an account fli'.rcof as follows. 

1. "First it pleased the General Court to employ me in a shire Com- 
mittee to draw up a IJody of Laws in which I took unwearied pains, perusing 
all the Stat. Laws of England in [Pulton?] at Large, out of which I took all 
such as 1 conceived siital)le to tiic conditiou of this Commonwealtii : wliicii 
with such others as, in my oljscrvation, experiences and serious studies I 
thought needful, all whicli I drew up in a Book, close written. Consisting of 
24 pages of paper, in folio, which upon the Committee's perusal, — viz. Mr. 
Noel, Mr. Pelliam, Mr. Thomas Sheppard and myself, — I was Appointed to 
draw upp for the use of the Generall Court, which Book was by some means 

" The last clause of this order is printed in the form given in Records, iii. 144, it being 
rather more explicit. — W. H. \V. 



80 Introduction. 

lost and could not be found. For further Improvement by another Committee 
of the Generall Court, viz. Mr. Bcllingham, Mr. Nat. Ward, c*ic., whereupon 
Mr. Bellingham spake to nie to help them to another coppie of the aforesaid 
Book, which in tender Respect to publique good, to the Honored Court and 
Committee, I did forthwith again Transcribe out of my First coppie, although 
it was in harvest time. 

2. " After that, it pleased the Generall Court again to Ingage me in the 
perusing all the laws in the Books of Ivecords, to Consider, Compare, Compose, 
and Transcribe all laws of publique Concernment, coppie-wise ; all which I did 
dra\v npp together, and Drew upp in five Books or Rowls, which done were 
Exaiiuued bv the Committee and presented to the Gen". Court. 

3. " Thercuppou I was Ordered by the Court to Transcribe the five Books 
afforesaid with sonio otiier new laws, all which (save onely a few the Auditor 
did), I, with Great care and vigilancie, performed, and fre(picnted the press, 
and otherwise took care to l^xaminc tliem during the Imprinting the same. 

4. " Since which it pleased the Gcii" Court to Appoint nie with some others 
to Compose and Transcribe the Second Booke of Laws, coppie-wise, which I 
allso did ; which afi'tcr Examination by the Committee was allso presented to 
the Gen" Court, which were pleased further to Imploy another Committee, 
whereof I was one, to fitt them for the press. 

" In all which services in reference to publique good, I putt forth my selfe 
to the uttermost to the Great neglect of my personall and particular occasions, 
devoting my selfe thereunto for the most part of two years tyme (as ncer as I 
can remember) the benefit whereof doth I hope verie manifestly Redound both 
to Court and Country, wiio douljtless uppon a right understanding will not. be 
unwilling to afford such Duo encouragement and Recompense as services of 
such Importance and Advantage to tiie Countrie doth Require. 

" Your Humble Servant, 

"JOS. HILLS." 



" The ]\ragistrates Referr the consideration of the Petition to theire breth- 
ren the Deputies 27 May, l()5o. 

" EDWARD RAWSOX, Secre'." 



" The Deputies think nieete to allow !Mr. Hills ten pounds out of tiie next 
County rate in reference to what is herein exprest, if the honored Magistrates 
please to Consent thereto. 

"WILLIAM TORREY, Cleric." 



"Consented tu by the Magistrates licreto. 

•' EDWARD RAWSOX, S.cn'." 



THE CODE OF 1649. 



Having already traced the history of tlie leg:islation "which 
culminated in the issue of the printed collection of general laws, in 
lOiO, it seems proper to state what has been recovered concerning- 
that volume. Although no copy, or even fragment of one, has 
been preserved, it is yet possible to form a very good idea of the 
main features of the book. 

First, as to its date. In my Introduction to the repi'int of the 
Laws of 16G0, I cited this Code as that of 1(549. Tlie only certain 
dates that we have, show that May 10, 1G48 (Rec. ii, 24()) the 
book of laws was "at press"; and October 27, 1048 (Rec. ii, 262) 
the books were still " at the press." The General Court dissolved 
at this last date, and met again May 2, 1649. AVe have thus no 
official statement as to the month in which the comi)leted volume 
was issued. In my former Introduction, I assumed, the date of 
1649, mainly on my understanding of the wording of the title-page 
of the edition of 1660. This reads as follows " The Book of the 
fxcnei-al Laws and Libertyes concerning the inhaliitants of the 
Masachusets, collected out of the Records of the General Court, 
for the several years wherein they were made and established, and 
now Revised by the same Court, and disposed into an Alphabet- 
ical order, and pul)lished by the same Authority in the General 
Court holden at Boston, in jNIay 1649." 

Knowing, as we do. that tlie Laws of 1660 conformed closely 
to the pattern of the earlier edition, since that code was also in 
"alphabetical order" and had a ])reface, it seemed reasonable to 
imagine that the title-page of 1660 was suljstantially the same as 
that of 1648, and that the phrase "published ... in May 
1649," was copied therefrom. 

Dr. George II. Moore, of the Lenox Libi-ary, has, however, 
issued a pamphlet entitled '"^remornnda concpi-ning the Massaclm- 



82 Iiitrodiicltoit. 

setts Laws of 1648," and makes the rathei' startling suggestion 
that this date on the title-jiage of 1(560 is a misprint for May, 1059, 
and i-efers to the issue of the Code of IGGO. 

This seemed plausible; l)ut I find no sueh '• puhlishment "' of 
that C(xle by the Court of May, 1().j9. Oetober lU, KioS, it was 
ordered that the new code "shall forthM'ith l)e printed," and this 
order is directly referred to on page 1 of the Laws of 1660. The 
order then proceeds to direct that " tlie preiace to the old law 
book, with such alterations as shall be judged meet by the Gov- 
ernor [Endecott] and Major-General [Denison], be added there- 
luito and pi-esented to the General Court to be approved of." It 
is true, as Mr. Moore states, that in the JNIassachusetts Archives, 
Vol. 4:7, p. o~), there is preserved the manuscript copy of this re- 
vised Preface, endor.sed "Preface to the Lawe.s, p^ Curiam, 1G59." 
and at the bottom the usual official endorsement: — 

" The maiiis'' haue past this witli rcfference to the Consent of tlieire 
brethren tlic dcj)!!'^ hereto 

Edward Eawson, Secret'y 
14 .May, ICy.) 

The depts. Consent hei'eunto 

The. Savage, Speaker." 

This action is evidently that contemplated by the above order 
of Octoljcr, ]().")8, and is not entered on the Journal of tlie General 
Court. Tlie question is, whether this action upon the Preface can 
be consti-ucd as a legislative act, by which the laws were "pub- 
lished liy the same Authority in the General Court holden at Bos- 
ton in May, 1050."' ^Nlr. Moore seems very confident of this, but I 
cannot assent to it, because it would convict Secretary Rawson 
and all the other revisers of this edition, of gross carelessness upon 
the very title-i)age of their most important official publication. I 
have met with many errors of the ])ress in b(7th editions of the 
Laws, ))ut I must decline lo add this example to the numlier. 
]Sroreover the issue of Kidtk i)age 1, says expressly "The General 
Lawes of the Massachusets Colony, revised and 2)i(hlis/ied by order 
of the General Court in October J6.")8." Dr. Mooi'e's theory would 
make the title-jjage flatly contradict tliis. ;ind say " j^ublished by the 
same authority in the (reneral Court holden at Boston, in May, 
1059." 



hitroduction. 83 

At ]iresent I can only say that noitlicr in May, 1(U9, nor in 
May, IGal), is there any entry on the Journal of any "" publication ' 
of either edition. But the first Code was undoubtedly i-eady in 
print in Ma}-, 1649, "while the Code of ]()()() was not ready in ^Mav, 
1G59, and in fact was not issued till after May 31, ]G(50; and the 
Legislatui-e expressly stated, October IG, 1()G0, that the " said im- 
pression of the laws shall be of force after the expiration of thirty 
days from the date of these presents." 

Dr. Moore also cites Johnson's Wonder- Workhif/ Providence., 
(London, 1G.j4), and Josselyn's Oise?'i'a^io/^s (London. 1G74). as 
authorities, who state that the Laws were printed in 1G48. Tlieir 
words, hoAvever, do not meet the point at issue, viz., whether or 
not the Court of May, 1649, made a formal jiublication of the code. 
"We all agree that the book Avas in the press early in 1G4S, and Avas 
in process during that yeiw. As to Goa". Hutchinson, also 
cited by Dr. Moore, his opinion is AAorthless; since as I haAc 
already shoAvn (ante, p. 11), Hutchinson thought that Cotton 
AA'rote our Body of Liberties. 

I must, therefore, persist in thinking that the title-page of IIJGO 
means Avhat it says, that the formal sanction AA'as gi\en in May, 
1649; though as I have shown, the printing AA'as begun and prob- 
ably nearly finished during 1648: and that the title-jjage Avas 
alloAved to stand substantially unaltered. A similar instance of 
blindly folloAving an older copy is shoAvn in the Revision of 1G72. 
That has a neAV title, but page 1 begins, just like the code of 1()()0. 
Avith the words " The General LaAVS . . . revised and i)ul)- 
lished by order of the General Court in October 16.38," ignoring 
the orders of 1670, 1671, and 1672 AA'hich authoi-ized this edition. 



We will next consider the matter of the probalile form and 
size of this Code. It Avas, of course, jji-inted at Cambridge, that 
being the only establishment in the Colony. 

This press Avas given by Josse GloAer. aided by some gentle- 
man of Amsterdam. From an interesting essay by A. M. Davis, 
esq., in the Proceedings of the American Antiquarian Society ibr 
April, 1888, I learn some new facts about this press. Glover died 
on his passage hither, and his AvidoAv married Dunster. Glover's 
heirs sued Dunster, and thus Ave learn something of the books 
printed. It seems that Glover had a claim against the press for 



84 Introduction. 

some twenty pounds for expenses, and Dunster also improved it. 
The actual work was done first by Steven ])ay, and then by Sam- 
uel Green. Dunster sold the press, or rather his claim, to the Cul- 
leye when he removed, which Avas in April, 10.")."). He was Pres- 
ident from 1G40 to his dismissal, for doctrinal errors, Oct. 24, 16.34:. 

In the jiapers connected with the lawsuit are notes about some 
of the books he ])rinted, and of tliese the following concern our 
subject : — 

The Freeman's Oath. 

The Capital Laws. 

The Law Book, 17 sheets, 600 copies, using- 21 reams of 
pape;-. Sold at 17 pence a book, £42.. 10.. 00. The printing cost 
£'15.. 16.. 0;>, and the paper £~.. (».>.. 00. 

This, of course, was printed by Day late in 1648, and was the 
edition cited as the Laws of 1(549. The items corres]iond very 
Avell with the similar entries about the Psalm Book, viz., 33 sheets, 
1.700 copies, sold at 20 pence each, amounting to £141.. 13.. 04. 
Printing, £.'5;?.. 00.. 00. ])apcr, 116 reams, £29.. 00.. 00. 

It will he seen that the Laws. 17 sheets and 600 copies, woidd 
talve 10,200 sheets; and the Psalms, 33 sheets and 1,700 copies, 
would require 56,100 sheets. The ratio is exactl}' that of the 
])a]U'r specified, viz., 21 reams and 116 reams. I believe a printer's 
ream was then 21 j quires, and 21 reams woidd be 10,836 sheets. 

The Psalm Book, from remaining examples, we know was 
jirintcd eight pages to a sheet, size of page Q>\ by 3g inches. 
There are 37 sheets, including two of preface. The Laws of 1660 
are eight pages to a sheet, each 9 by oh inches. It seems impos- 
sible that the Laws of 1649 could have been printed on as small 
])ages as the Psalms, and, as we have to take either four or eight 
]niges to the sheet, I infer the Laws were four large pages. In 
this case the 17 sheets would give 68 pages, Avhich Avould agree 
vei'V well witli oui' estimate of .')6 pages for the text, and allow 
some ])ages for title, preface, and table or index. As before ar- 
gued, it seems impossible that there were twice as many pages in 
the book, and yet no citations can be found of a j)age later than 
page 58 as the extreme. 

There is also an entry for LaAvs, pi'inted after Green took the 
press, 5 sheets, cost of pa]ier, £1.. 05.. 00; of printing, £3.. 00.. 00. 
This may have been some of the special laws, or Supplements. 

It seems, indeed, surprising, if we have interpreted these en- 
tries correc-tly, that 600 copies should have been printed of the 
Laws of 1649, and all have disappeared. But if 1,700 copies of 



lutnxlKcdon, 85 

the Psalins wei'e printed, the extreme rarity of extant eopies is per- 
haps ecpially I'emarkable, espeeially as more persons would keep 
the psahn-book than Avould care for the Code. 

We have ah-eady {ante, ]). 79) shown that fifty copies of the 
Code were taken for the Legishitnre, and tliat the rest were or- 
dered sold at three shillings each. The folloAving petition from 
Massachusetts Archives, Vol. 5'$>, p. 18, shows that a certain por- 
tion was turned to waste-paper or burnt. As Mr. Russell, the 
Treasurer, estimated his loss at £10, this sum would pay for sev- 
enty copies or thereabouts. It is fair to presume that he had a dis- 
count in buying a large quantity, and I notice in Mr. Davis's notes 
already cited, that it is stated that the Law Books " sould at 17'} a 
booke." As the Court fixed the price at three shillings, this other 
price may represent Kussell's purchase, or may be an average of 
all. It will be safe to say that at least one-quarter of the edition 
was destroyed before A. D. 1(351. 

[Mass. Archives, Vol. 58, p. 18.] 

"To y'' Honored General Coui-t, consisting of Majristrats & deputies 

Humbly Show"' AVhereas By _ve Courts Incoradjiinent I purcli.iscd ye 
Last printed Law Bookes, and l>y reason of y'' Courts Altcnitinii of suiTic 
things In tliose bookes made them uiivendildc Insomuch that your polit'ioner 
Lost above Tenn pownds, a great \)i. Turned to wast pap"r and many of 
them Burnt, your Petitioner desires this Court would Tender!}^ Consider y" 
same And accordingly releve your ]^ietitioner heerin, soe hee shall thankfully 
remayne 

22. 3. 51. Your servant Richard RusselL" 



Ma}^ 13, IGol (Records, iv, part 1, p. oO), voted as follows: — 

"In answer to the petition of Mr. Richard Russell for his alloM-ance in 
the late law books, which was occasioned by the ('ourt's alteration of some 
things therein etc., it is ordered, that in consideration of those losses men- 
tioned in the petition and other tliat lie hath lately sustained, lie shall have 
allowed him twenty pounds out of the next rate." 



The Preface to the edition of lOGO bears witness to the then 
scarcity of the earlier book, as it begins " tlie Book of Lawes, of 
tiie first Impression, not being to l)e bad for tlie sujjply of the 
Country, put us upon thoughts of a second." 



86 Introduction. 

Ml". Thorowg-ood was probably not the only English friend 
Avho received a copy, and we may still hope that an example re- 
mains in some library in England, to appear at some unexpected 
moment. 



We may no\v proceed to consider the contents of this first 
printed Code, and tlie amcjunt of information reeoveral)le is quite 
remarkal)]e. Tiie Preface to the Code of KiiiO says " such Lawes 
of a general nature as have been made since the first Impression, 
till tliis present, and are yet in force, are jjlaced under the former 
heads, in an Alphabutieal order, which method being at first taken 
up (thougli i)erliaj)s not the most exact) hath this convenience and 
ease," etc., etc. Again it states "the former Epistle tells you 
there Avonld l>e need of alterations and additions." 

AVe therefore know that the first Code was arranged alpha- 
])etiea]ly nndt'r titles, in the same manner as in the later editions; 
it is c-ertain, however, tliat these titles were altered in lOIJO in some 
casL-s, and that some sections or even titles were dropped in 1()G0. 
It is also certain that in preparing the Code of 1(349 some chang'es 
were made in the laws themselves as originally passed and entered 
on tiie Journal. 

The first and hig-hest authority for the contents of the first 
edition will be fonnd in t!ie citations made immediately after 104:9 
in the proceedings of the General Court. 

Tlie neighboring colonies of Connecticut and Xew Haven 
promptly availed of our Code of 1(319 in preparing their i-espective 
laws. Connecticnt established a Code by vote of ^NLw, 1(330. and 
many sections are exactly the same as those in our Body of Liber- 
ties and onr Revision of l(3i)0. This Code is jirinted in the Kec- 
oi'ds of Coiniecticut, Vol. 1, p. 509-5(38, edited l)y J. II. Trumbull, 
Hartford, 1S50. 

Xew Haven published her Code at London in 1G5(), and it is 
iv|irinted in the second volume of the Records of Xew Haven Col- 
ony, edited by Charles J. Iloadley, printed at Hartford in 1S58. 
The Code states (p. 571) that in preparing these Laws, Liberties, 
and Orders "they have made use of the Laws published by the 
Honourable Colony of the ]Srassachusetts." Herein, again, we 
iind literal transcripts from our l>otly of Liberties and our Laws. 

The following extracts from the i)rinted edition of our Rec- 
ords contain, it is hoi)ed, all the matters useful for our ]jurpose: — 



Introduction. 87 

Ltst of Refehexces. 

1. May 2, 1G49 (Records, ii. 281), " Forasmuch as the pnnted 

law concerning Dowries api^ears not so convenient 

as was formerly conceived" . . . . it is ordered "that these 
words in the 14 line of that order" .... be amended.^* 

1.* October 17, 1649 (Records, il. 287), " the printed law for 
Elections in page 51, bearing date 1()47, is hereby repealed." 

2. May 22, 1()50 (Records, iv. part 1, p. 4), " whereas the 
law concerning fencing against great cattle, folio 7. — Harms done 
by Great Cattle in Fenced Ground shall be viewed and judged. — 
for explanation whereof this court declareth and ordereth,"etc., etc. 

2.* May 22, 1650 (Records, iv. part 1, p. 5), " for explana- 
tion of that part of the printed law entitled Militaiy All'airs, 
s. 10," etc.^*^ 

3. June 19, 16.)0 (Records, iv. part 1, p. 19), "for explana- 
tion and addition of the law, title Profme Swearing," a new law 
Avas passed punishing any one for multiplying profane oaths.^^ 

4. It appears by a reference, 21 June, 1650 (Records, iv. 
part l,p. 20) that the "law, title Gaming, 1646, 1647," is amended 
by prohibiting bowling or any othei- play or game in ])ublic houses 
under the same penalties as are "provided for in the aforesaid 
game of shovel-boai-d." ^^ 



'^The New Haven Code (p. 587) lias (he title Dowry jiist like ours of IfidO, ouiiltiiii; tlio 
clause (lines 17 and 18), "sijcnificd by writina; under licr hand and acknowledged before some 
magistrate or others authorized thereunto, which shall bar her from any riiiht or interest in such 
estate." The New Haven law says that this law shall not apply to any transaction " before this 
law was published; " and our Code of IfiliO says, " before the last of Kovenilier, 1047." Hence 
I imagine the New Haven law is substantially ours of 1049. — • W. II. W. 

■■^This section will be found Kecords, ii. 222, anil reads: "The Surveyor-general liatli 
power to sell any of the common arms where he sees occasion." As it was re|iealed in 10.")0, it is 
not in the Code of 1000. It is the tenth section of the law of November 11, 1017, which was to 
stand together with two laws of 1015, and all otliers were repealed. Of course these last-named 
laws formed the title In our Code of 1049; but Connecticut and New Haven had very ditlerent 
laws. — W. H. W. 

^^Tlie original law was passed November 4, 1040 (liecords, ii. ITS), and it is copied exactly 
in the Connecticut code. But in the revision of 1000, the two laws of 1040 and 105O are ]irinted, 
and their place is changed to " Swearing and Cursing," or under letter S instead of letter V. 
No doubt the Connecticut example shows the law of 1049. — W. H. AV. 

^' The law against jilaying shovel-board was jiassed May u'O, 1047 (Uecords, ii. Tj.'j), and is 
copied almost word for word in the Connecticut code. 

But in the revision of 1000 reference is made to laws passed in 1040, 1047, and 10."il. and 
we find that the new title. Gaming, includes " Shovel-board, Bowling, or any otlier play or 
game ;" also a section against gaming for money, jiassed November 4, 1040 (liecords, ii, 180) , and 
one in regard to dancing in public houses, passeil May 7, 1051 (Uecords, iv. jiart 1, p. 40). 

Now the Connecticut law adds at the end the clause, " The like jieualty shall be for jilay- 
ing in any place at any unlawful game," — which clearly was not in the Massachusetts Laws or 
1C49, as if there, the addition made in KijO, above noted, would have been unnecessary. But 1 
suspect that tlie law of 1040, against gaming for money, was not ill the revision of 1049, as it is 
most unlikely that the Connecticut law-makers would have stricken it out. Hence I conclude that 
in 1049 the title Gaming stood just as in the Connecticut cu.lc, except the last line. — W. H. W. 



88 Introduction. 

5. June 22, IGoO (Records, iv. part 1, p. 22), it was ordered 
that recording a sale, mortgage, etc., of houses or lands with the 
records of the shire shall be sufiicieiit "without any further certify- 
ing unto the recorder or secretary for the Genei-al Court, and that 
clause in the close of the printed laws, title Conveyances Fraud- 
ulent, page 14, requiring the same, is hereby repealed." *** 

G. June 22, 10.30 (Records, iv. part 1, p. 23), the Court an- 
swered a question " Avhether by that clause of the law entitled 
Innkeepers " a certain person was liable to a fine.^® 

7. Records, iv. part 1, p. 2G, October 15, 1G50, "the former 
law, title Women, is hereby repealed.'' *'' 

8. May 7, IG.Jil (Records, iv. part 1, p. 40), "the former law 
provides, title Cask and Cooper, page the sixth," etc., and is now 
amended by adding a penalty for defective casks, and a penalty 
also on any town neglecting to a])i)oint a ganger." 

^^ Tliu Cuiiiiocticut cock' throws no liglit on tliis, as under this titlo it nieruly prints tlietwo 
sections about covinous alienation and papers signed under duress. 

Section i nnder this title in Laws of IGCO is referred to laws in Ifitl and 1C42. I fail to 
find eitlicr, but Oetnbcr 7, 1G40 (liecords, i. SOG), the law was passed which is incorporated, partly 
literally, in this section. At that time there were to be three recorders, ami ap]iaront!y all entries 
were to be certified every six months to the recorder at Boston. See also Uee. i, 27i!, wliere the 
Kecordcr has a fee for " receiving the books of men's houses anil lamls from tlie towns '' — W.U. W. 

^'^ I feel very sure that the Connecticut code gives our law of 1019, except the section 
oblijiin;; towns to provide one ordinary in eacli, which was a local law. All the other provisions 
are to be found in our law of KIGO, though in the latter edition arc many later sections. Bat 
those copietl in the Connecticut code are substantially tlio ones passed here Jlay 14, 1043 (Records, 
ii. 100) and Kovcmber 4, 1{;4(; (Uecords, ii. 17-'), and they are mostly marked in tlic margin L. 1, 
p. 20. — W. H. W. 

'" The new section refers to a man striking his wife, or a woman her husband. The new 
form is in our Code of 10(10, under title " Jlarriages," p. 51. I do not find the original sectiim in 
Conn, or N. Haven coile, but it was doululcss the same as Liberty Xo. 80, which E. Hutchinson 
considers as covered by the title '• Marriages." — ^ \V. II. W. 

''The haw as it stands in 1000 refers to acts of 1041, 1047, lor.l, and lfi.")2. I have 
already (^niite, p. 25) shown that no Law of 1041 is found, but Sept. 27, 1042 (Uecords, ii. 2'.1), a 
law was passed as follows: "That all vessels of cask used for any liquor, fi-h or otiur com- 
modities to be put to sale shall be of London assize and that fit persons shall be appointed from 
time to time, in places needful, to gage all such vessels or casks ; and such as shall be found oi 
due size shall be marked with the ganger's mark and no other; and he shall have for his pains 
four pence for every tnn and so proportionably ; anrl it is ordered that Jlr. Will Aspenwall, Mr. 
Vcnner and Thom.as I'.oaruian shall be gangers of cask for this year, and till others be chosen in 
their room. The ganger's mark sliall be ' G.' " 

Xow the Comiecticut code agrees entirely with the first order, word for word, except that 
it begins " that all cask tised for Tar or other commodities to be put to sale shall be assized as fol- 
lows : viz : every cask comuionly called barrels or half hogsheads shall contain twenty-eiglit gal- 
lons wine measure and other vessels proportionable." These words seem to define tlie term 
" London assize." It also adds "that every cooper shall have a district brand-mark on his own 
cask, upon p.ain of forfeiture of twenty sliillings in either case and so proportionably for lesser 
vessels." 

The substance of this last order is in our revision of 1(;00, but I fail to find it in our 
Jtecords, either in 1047 or any other year. 

I infer, therefore, that 1047 is a misprint for 1040, and tliat the Connecticut code gives 
exaelly the form in which our law stood in that edition ; as it is evident that in 1049 this law was 
codified and received verbal changes. Compare the Xew Haven Code, which keeps tlie term 
" London assize," and adds also the penalty if the cooper omits to brand. — \V. II. Vv'. 



Introduction, 89 

9. May 7, IQ'A (Records, iv. pai-t 1, pp. 41-12), "for ex- 
planation of some words in the printed law, entitled Leather, viz. in 
that section in the margent entitled Searchers swoi-n their Duty, hy 
the words (line the fourth) to make search and view within tlie 
precincts of their limits," etc., etc. Also " concerning those Avords 
in the section on the margin entitled AVell tanned and dried, ]>en- 
alty, line the fifth," etc., etc. Also "concerning the last words en-, 
titled Triers of Leathers seized," etc., etc.^- 

10. May 26, 1652 (Records, iv. part 1, p. 79) an addition is 
made to the law " as is directed for bread, by order of Court, page 
3, title Bakers."'" 

11. May 26, 1652 (Records, iv. part 1, p. 82), " whereas there 
is a manifest and inconvenient mistake in the penning of the order, 
title General Court, page the 8th of the last printed book," etc., etc.** 

12. May 26, 1652 (Records, iv. part ], p. 84), oixlered, 
"that the printed order about money shall be in force until the first 
of September next, and no longer." *° 

13. May 26, 1652 (Records, iv. pt. 1, p. 88), "as enjoined by 
law, title Military, p. 39." 

14. Oct. 19, 1652 (Records, iv. pt. 1, p. 106). "Whereas 
by the law, title Militai-y, page 42, section 6, every captain," etc.^" 

"Here the Connecticut and New Haven codes are very brief. Cut tlie full references 
above show that our law of 1049 must have been much like that of IGGO. — W. II. W. 

" This means of course the Printed Laws, as in IGCO we find on p. i this title, and at the 
end of it this section as passed in 1C52. The New Haven law is almost identical with our 
law of 16G0 (omitting the last section), except that ours lias a little clause (p. 5, lines 10 ami 
11) applying also to butter. I do not find the law authorizini; this, and I doubt if it would have 
been dropped by the New Haven men. Hence I infer it was not in the law of 1G+!I, but w^is 
added in IGGO. — W. H. W. 

" This error evidently refers to a law passed October 18, 1G50 (Records, iv. part 1, p. 35). 
This law refers back to law 283, which is the marginal number for a law jiassed March 3, 1G35-G 
(Records, i. 160, 170). This primitive law regulated a disagreement between the two houses, 
where the greater part of each house held its own opinion. In IGoO, as above noted, this was de- 
clared to mean the greater part of tliose present and voting. In 10.52 this last law was repealed, 
and it was declared that when there was a difference it should be " determined by the major part 
of the whole court." Palfrey, iii. 42, says that this means the whole court sitting together, and 
not action by concurrent votes. 

The meaning of the phrase "the last printed book" will be hereafter discussed. — 
W. II. W. 

*^ Here follows a long order establishing the Mint at Boston and making its coin, together 
with English money, the only legal tender. I jiresume that the title " Money," in the Code' ol 
104'J, was a copy of the law passed Sept. 27, 1042 (IJecords, ii. 2!)), which is as follows : — 

" Ordered that the Holland ducatour, worth three gilders, shall be current at six shillings in 
all payments within our jurisdiction ; and the rix-doUar, being two and a lialf gilders, shall be 
likewise current at five shillings : and the ryall of eight shall be also current at five shillings." 

Connecticut had a similar act, but not in its Code. Wanipura or Peage was also at times 
a legal tender, but our law is to be found under those titles. — W. II. W. 

*^ These two references to the title Military show that it covered at least pp. 30-42 in the 
Code of 1G49 ; and I have already shown that there was a section 10 (seean/e, p. 87,) in this printed 
law. — W. II. W. 



90 Introduction. 

15. Same date (Records, iv. pt. 1, p. 105), '-' as is provided in 
the printed law, page first,'' — in reg-ard to actions triable in any 
court, cic." 

16. Same date (Recoi-ds, iv. pt. 1, p. 107), "The late order 
about swine is repealed and the printed law is in force iu that re- 
spect." '' 

17. May 18, 1653 (Records, iv. jjt. 1, p. 134), the question 
was decidi'd as to wliat was meant " b}' the law, title Weights and 
Measui'cs."' 

18. June 2, 1653 (Records, iv. part 1, p. 150), reference 
is made to " the law, title Masters and Servants," etc., etc. 

19. August 30, 1653 (Records, iv. pt. 1, p. 151), a committee 
Avas appointed to examine the Treasurer's accounts, etc., ■■' accord- 
ing to the law, page 26, in the second book." *^ 

20. August 30, 1653 (Records, iv. part 1, p. 152), reference is 
made to "the law, title Impost, page 27." 

21. May 3, 1651 (Records, iv. part 1, p. 184), "whereas ex- 
perience hath manifested some inconvenience in the interpi-etation 
of the law, title Appeals, the second printed book, page 1, " wherein 
it is expressed that all appeals shall be accounted in the nature of 
a writ of error. "'^ 

22. Xovember 24, 1654 (Records, iv. part 1, p. 218), " whereas 
this Court hath laid an impost on wines imported into any part of 
this jurisdiction, as in title Impost, in the first printed book,^' ap- 
pears," etc., etc. 

23. ]\ray 14, 1656 (Records, iv. part 1, p. 259), "the Treas- 
urer cannot send forth his Avarrants to them, as is provided by the 
iaw, Charges Pnl>lic, page the 9th," etc., etc. 

■" Tliis would be uiulor title " Actions," and naturally stand on page 1. — AV. II. AV. 

■•^ Tlie title Swine is found in ICiiJO, and evidently, by tlie citation, it was in the Code of 
1049.— AV.H. AV. 

" The title " Treasurer," in tlie Code of 1000. cites laws of 1G4S, 54, 57, 5S. I suppose 
the printed law hero above cited was tluit passed May 10, 1(!48 (Kccords, ii. 244). Tlie citation 
p. 'Jli of tlie siH'ond book, as it stands printed in Sburtleff's edition, would be exceptional, if that 
book, as we have already ccuicluded, did not exceed 10 pages. An examination made by Mr. C. B. 
Tilliiiisliast, State Librarian, shows that the oriirinal is doubtless 10, the corresponding: fij^ures 
where tluy occur as lO.'i.l liaviii^' the same peculiar " 1 " ea-ily to be confounded witli a " 2." 

— w. n. W. 

'" This law was passed May 2, 1040 (Records, ii. 279), "to be published forthwith but 
not to be of force till alter the end of ilie next Quarter Court." It was evidently not in the 
Code of 104:1, but stoi.d on pane I of tlie Supplement, or second printed book. I would luTe 
note that it is section 2 of title .Appeals in the Laws of 1000; and also that section 3 is wrongly 
cited in the margin as passed in 104:1. That section is the law of August 30, IGoo (Hecords, iv. 
part 1, p. 1j2), and at tlie end of this title iu lOi'.O the citation is 1042, 47, 40, 50, 5^, and 54. — 
AV. II. AV. 

*' 'l"he meaning of the first and second printed books will be hereafter discussed. — 

AV. H. ^\^ 



Introduction. 01 

24. May 0, 1(J57 (Eocords, iv. pai-t ], p. 291), ''whereas the 
clause in the hvw, page thirty-two, mentioning- evidence, is ob- 
scure, — the jui-y may bring in a mm Ucqud, — whicli words hatli 
occasioned mucli trouble and delay in civil proceedings, this Court 
doth hereby repeal that clause," ete.^- 

2o. INIay 2(3, IG.IS (Records, iv. part 1, pp. 333 and 330), 
" that the freemen within their several towns have liberty and 
power according to the last law or oi-der entitled Townshi])s." 

" For explanation and emendation of tAvo laws in the printed 
book, title Townships," etc., etc. 

2(3. October 19, 1(558 (Records, iv. part 1, p. 347). in regard 
to electing magistrates annually, " and that clause of the printed 
law enjoining the nomination of twenty persons is hereby repealed," 
etc., etc. 

27. May 11, 1659 (Records, iv. part 1, p. 366), in regard to 
persons aiding the Quakers, etc., " the Court, on perusal of the 
law, title Arrests, resolve, that the Treasurers of the several counties 
are and shall hereby be empowered to sell the said persons to any 
of the English nation at Virginia or Barbadoes." 



*■ Tills is a most interesting matter, but I will first explain the text. In the Code of IfiGO, 
under title "Jurors," § 2, we find a marginal citation, L. 1. p. 47, and the text establishes Grand 
Jurors according to the law of March 4, 1G34-5 (Records, i. 143). Then follows the clause about 
jurors not being bound to reveal secrets which do not affect the state, which is Liberty No. (il. 
Both of these probably were in the Code of 1G49, and next to them doubtless stood Liberty No. 
31, (the subject of the above amendment in ICoT), which allowed the jury in case of doubt to give 
a non-liquit, or a special verdict which left the judgment to the Court. 

I do not see why the reference is to Liber 1, p. 47, as the te.\t above is p. 32. But there 
are so many misprints in our Codes that I suspect this to be one, especially as the page on 
which it stands in IGGO is numbered 47. 

Moreover the marginal references in IGCO are to Lib. 1, p. 02 and p. 31 against the sections 
preceding and following this very entry of L. 1, p. 47. We have already seen that in the printed 
laws of 1049 the title "Military" covers pp. 39—12, and the title "Jurors" must have come 
earlier. 

But the wliole order in 1G57 is worth printing as showing the belief, even then, in the right 
of juries to judge of the law as well as the facts. It reads : — 

" Whereas, in all civil cases depending in suit, tlie plaintiff aflirnieth that the defendant 
hath done him wrong, and accordingly presents his case for judgment and satisfaction, it be- 
hoovetb both Court and jury to see that the affirmation be proved by sufficient evidence, else the 
case must be found for the defendant : and so it is also in a criminal case ; for, in the eye of the 
law, every man is honest and innocent unless it Vie proved legally to the contrary. All evidence 
ariseth partlv from matter of fact and p^irtly from law or argument. The matter of fact is always 
feasible to be judged of as well by tlie jury as by the Court ; and concerning the law, or the jioint 
of law, in reference to the case in question, it is either more easy and generally known, or more 
difficult to be discerned. The duty of the jury is, if they do understand the law to the satisfaction 
of their consciences, not to put it off from themselves, but to find accordingly; but if any of the jury 
doth rest unsatisfied what is law in the case, theu the whole jury have liberty to present a special 
verdict, viz. : if the law be so or so in sucli a point, we find for the plaintiff, — but if the law be 
otherwise, we find for the defendant : — in which case the determination is left to the Court." 

Then follows the repeal of the old law and the Court " directeth according to what is above 
expressed for the future." — W. H. W. 



92 



Inlroduclion. 



28. May 31, 1660 (Records, iv. part 1, p. 420), the Court 
declares " that no man whosoever shall be admitted to the freedom 
of this body politic but such as are members of some church of 
Christ, and in full communion, which they declare to be the true 
intent of that ancient law, page the 8"" of the 2*^ month, anno g'. 
1631." '' 



Tlie following tabic gives the marginal citations in the edition of IGfiO which are credited co 
Liber 1. 'J'lie variations from a strictly alphabetical arrangement may be explained by a change 
111 the title according; to the views of the editor in 1G4'J and the later issue. It seems proLia'de 
that we must resort to the idea of misprints to account for pages 57 and 58 under the title 
"Marshal," as "Watching" and "Wills" were on pp. 52 and 5;j : — 



Citations is the Edition of Laws is IGGO, from Liber 1. 



1600. 




Title. 


i-iber 1. 


1000. 


Title. 

1 


Liber 1. 


1'. 2, 


Actions, 




do. p. 


v;. 


r. 41, 


Indians, 


do. 


p. 28. 






do. 




do. p. 


4a. 


42, 


do. 


do. 


p. 28. 




4, 


.Vttachments 


Summons, 


do. p. 


40. 


44, 


Innkeepers, 


do. 


p. 30. 




11, 


Cattle. Tres] 


ass, 


do. p. 


51. 


45, 


do. 


do. 


p. 30. 




12, 


Criminal Cas 


es, 


dc. p. 


4(i. 


47, 


Jurors, 


do. 


p. 32. 




11, 


ConstalUe, 




do. p. 


40. 




ilo. 


do. 


p. 47. 


[?] 


20, 


Conveyances 




do p. 


Ki. 


48, 


do. 


do. 


p. 31. 




*>•> 


Courts, 




do. p. 


111. 


o2. 


Jlarslial, 


do. 


p. 38. 






do. 




do. p. 


l^-i). 




do. 


do. 


p. 57. 


[?] 




do. 




do. p. 


24. 


53, 


do. 


do. 


p. 58. 


[?] 


Ti, 


do. 




do. p. 


14. 




do. 


do. 


p. 10. 






do. 




do. !>. 


15. 




do. 


do. 


p. 45. 






do. 




do. p. 


;»;. 


fiC, 


Powder, 


do. 


p. 45. 




24, 


do. 




do. p. 


15. 


C7, 


Punishment, 


do. 


p. 50. 






do. 




do. p. 


3ii. 


08, 


Records, 


do. 


p. 47. 




r.i. 


Fines, 




do. p. 


38. 


73. 


Strangers, 


do. 


p. 53. 






do. 




do. p. 


22. 


74. 


Sureties (Courts), 


do. 


p. 15. 




:!:',, 


Freemen, 




do p. 


23. 


70. 


AV-itcliing, 


do. 


p. 52. 




:m. 


Heresy, 




do. p. 


•> 


81, 


Wills, 


do. 


p. 53. 




40, 


Impress, 




dc p. 


9. 













" In the Code of IIGO this sec-tici has a marginal citation of L. 2, p. 8. It precedes a 
clause deehiring that clnircli-members are not e.vunipt from public service as officers, which 
is cited as L. 1, p. 23. — W. H. W. 



Introducllon. 113 

Xoxt ill importance is a contcmporanoous citation ol" sevcM-al 
sections ol" our Code, liist hiought to lij^lit by I)i'. Moore in liis 
recent pamphlet. Tliey are found in a book entitled as follows: 
" Jcvves in America, or Probabilities that the Americans are of 
that Kace. With the removall of some contrar}^ reasoning-s and 
earnest desires for ell'ectuall endeavours to make them Christian. 
Proposed by Tho. Thorowgood, B. D., one of the Assembly of Di- 
vines. Cant. 8. 8. Mat. 8. 11. London. Printed bv AV. II. for 
Tho. Slater and are he to [sic] sold at his shop at the signe of the 
Angel in Diu-k lane. 1G.jO."' Small sq. 8vO;, pp. about 180. A 
copy is in the Boston Public Library.* 

•' I shall transcribe some things out of tlicir owne late printed Booke of 
the Lawes and Lihertii's concerning the Inhiibitants of ^lassacliuscts, by wliich 
their love to truth, godlincsse, peace, and learning will be evident, together 
with their liberall and enlarged care to propagate the eternall Gospell of our 
Lord among the Natives. 

" At the title of hreresie (c) this is the preface. Although no liunianc 

power be Lord over the faith and consciences of men, and tlicretbre 
c^.U. . ... 

may not constrame tliem to beheve or protesse agauist tlicu- con- 
sciences, yet because such as bring in damnable heresies, tending to the sub- 
version of the Christian Faith, and the destruction of the soules of men, ought 
duly to be restrained from such notorious impiety, it is therefore ordered and 
decreed by this Court : 

"Tiiat if any christian witliin this jurisdiction shall goe about to subvert 
and destroy the Christian Faith and Religion, by broaching or maintaining any 
damnable heresie, as denying the immortality of the soule, or the resurrection 
of the body, or any sinne to be repented of in the regenerate, or any evill done 
by the outward man to be accounted sinne, or denying that Christ gave liim- 
selfe a ransome for our sinnes, or shall affirme that wee are not justified by his 

* The following citation from p. 78, tliouijli not directly pertinent to our inquiry, may be 
worth notice owing to the date : — 

" To the Westerne Plantation, indeed, at first men of meane condition generally resorted, 
but soon after people of better ranke followed ; divers of good families and competent estates 
went into Virginia and sctled in some Islands tliereabouts, but because those of New-England 
pretended more to Religion than the rest, tliey are more loaden with uneivill language, but most 
injuriously; for the transjilanting Novangles were many of them severally eniinont, some of 
nolile extract, divers Gentlemen descended from gou.l Families; tlieir first Cliarter mentions 
tliree Kniglits, among otlier men of wortli; anil it seemes tlieir example, or somewliat else, was 
lilce to prevails witli many others of no meane condition, so tliat eleven of the then I'rivy Coun- 
sell directed their letters in December, one thousand six hundred thirty foure, to the Warden of 
tlie Cinque ports, taking notice that severall persons went over with their families, and whole 
estates, forbidding subsidy men, or of the value of subsidy men, to be imbarqued without speciall 
licence and attestation of their taking tlie Oaths of Supremacy and Allegiance, submission also to 
the Orders and discipline of the Church of Enijliuid : And three yeeres after, riz. one thousand 
six hundred thirty seven, a proclamation issued from the King to the same jjurpose, and iu tlie 
same words." 



94 Iidrodaction. 

death and rigliteousncsse, but by the perfection of their owne workcs, or shall 
den}- the morality of tjie fourth Commandenient, or shall endeavour to seduce 
others to any the heresies aforementioned, every such person continuing ob- 
stinate tiiereiu after due mcanes of conviction shall be sentenced to Ijanishment. 

1()4(]. And before ('/) having said, that the o[)en contempt of 
si.i-iic^iii, riods word, and the messengers tiiereof is tiie desolating sinne of 

cniU States, <ibc. It is tlierefore ordei'cd, and ilecreed, That if any 
christian, so called, witiiin this jurisdiction, siiall contemptuously behave Jiim- 
self towards the word jireaelied, or tlie messengers tiiereof — cither by inter- 
rupting him in liis preacliing, <ir by eliarging him falsely with any error, wliieh 
he hath not tauglit, or like a son of Kuridi east upon iiis true doctrine, or him- 
selfe, any reproach — every sucii person or persons (wiuitsoevcr censure tiie 
Churcli mav passe) shall for (lie first seandall be convented and reproved openly 
by tiie ilagistrate at some Lecture, and bound to tiieir good behaviour; and if 
a second time tliey breake fortii into tiie like contemptuous carriages, they sliall 
either pay five pounds to the pul)liijue treasury, or stand two houres openly 
upon a blocke or stoole foure foot liigli on a Lecture day with a paper fixed on 
his breast, written in capitall lcttcrs,''AN OPEN AXD OBSTINATE COX- 
TE^IXER OF GODS HOLY ORDINANCES, tliat others may feare and 
be asliamed of jjrealving out into tlie like wiekcdnesse. 1(146. 

" Tlicre be some in this jEn(/lai/d tliat account it piety and lieligiou to 
speake e\ ill of Christs INIinisters, and cast off his Onlinances ; now blessed of 
God fioiii iieavcu and earth be our No\angles, ^Magistrates, INIinistcrs, and 
people that have so seasonably witnessed against these aliominations. 

" Tiiey are great lowers of peace and government, tliese therefore be their 

words in another place; (t-) For as mucli as ex[ierience liatii pien- 
i.apiifii,-', tifully & often proved that since the first rising of the Anabajitists 

about an hundred yeeres past they liave bin the Incendiaries of Com- 
monwealths, and the infectors of persons in niaine matters of Religion, and the 
troublers of Churches in most places where they have been, and that they who 
iiave held the baptizing of infants luilawfull, have usually held other errors or 
heresies together tiierewith (lliough as hcretiques use to doe they have con- 
cealed the same untill they esjiied a fit advantage and opportunity to vent tiiem 
bv way of question or scriqile) and whereas di\ers of tliis kinde have since our 
comming into New-England appeared amongst our selves, some wiiereof, as 
others before them, Jiave denyed tlie Ordinance of ^Magistracy, and the lawfiil- 
nesse of making warre, others the lawfulnesse of ^Magistrates and tiieir inspec- 
tion into any breach of tlie first Taiile, wliich opinions, if connived at by us, 
are like to lie increased among iis, and so nei'cssai'ily iiring guilt upon us, infec- 
tion and troulile to tiic Churches, and liazard to tlie wliole Common-wealtli : It 
is tlicrcibre ordered by tiiis Court and authority thereof, tliat if any person or 
persons shall either openly condcmne or oppose the baptizing of infants, or goe 
about secretly to seduce others from the ap[)robation, or use tiiereof, or shall 
jmrposely depart the Congregation at tiie admiuistration of that Ordinance, or 
shall deny tiie Ordinance of Magistracy, or tiieir lawful! right, or authority to 
niuku warre, or to punish tiie outward brcaclies of the first Table, and shall ap- 



Lilrodiiclioii. 95 

pearc to the Court willfully niid obstinately to continue therein, after due 
nieanes of conviction, every sucli person or persons siiall be sentenced to ban- 
ishment. 1G44. 

" And that wee inny diseerne how worthy they are that wee should doe 
all the good wee can for them, for they love the nation where they inhabite, 
and are very serious in prepnriti</ them for one hushand, to present them n 
pure virgin unto Christ, 2 Cor. ii. 2. Severall therefore are their decrees in 
order to their conversion. 

/Tit. Indians. if) "!• Evcry Townc shall have ])owcr to restraine all In- 

''""'•■■*■ dians from prophaning the Lords day. 1033, 1(!39, KUl. 

" 2. The English shall not destro}' the Indians corue, but shall help 
them to fence in their grounds. 

"3. Considering one end in planting these parts was to propagate the 
true Religion unto the Indians, and that divers of them are become subjects to 
tiie English, and have engaged themselves to be willing and ready to under- 
stand the Law of God ; it is therefore ordered and decreed, that such necessarv 
and wholesome Lawes which are in force, and may be made from time to time, 
to reduce them to civility of life, shall be once in the year (if the times be safe) 
made knowne to them, by such fit persons as the gcnerall Court shall nominate, 
having the helpe of some able Interpreter. 

" 4. Considering also that interpretation of tongues is appointed of God 
for propagating the truth ; It is therefore decreed that two Ministers shall be 
chosen everjr yeer, and sent with the consent of their Chm-ches (with whomso- 
ever will freely offer themselves to accompany them in tliat sor\ice) to make 
knowne the heavenly counscll of God among the Indians, and that something 
be allowd them by the General! Court to give away freely to those Indians 
whom they shall perceive most willing and ready to be instructed by them. 

" 5. They decree further that no Indian shall at any time Powaw, or 
performe outward worship to their false gods, or to the dcvill, and if anv shall 
transgresse this law, the Powawer shall pay a 1. the procurer 5 1. etc. 164(j. 

" Their love to learning also is meet to be remembered and encouraged, 
wherein they have {(j) observed a chief project of that old deluder 
Schools, Satan to keepe men from the knowledge of the Scriptures, as in 
former times keeping them in an unknowne tongue, so in these latter 
times by perswading from the use of tongues, that so at least the true sense and 
meaning of the originall might be clouded with false glosses of saint-seeming 
deceivers, and that learning may not be buried in the graves of our forefathers 
in Church and Common-wealth, the Lord assisting our endca\ours. It is there- 
fore ordered by this Court and authority thereof. That every Townsliip en- 
creasing to the number of fifty Iiousciiokls, siiall appoint one witiiin their 
Towne to teach all such children as shall resort to him, to wiite and read, 
whose wages shall be paid either by the Parents or Masters of such ciiildren, or 
by the Inhabitants in generall by way of supply, as the major part of those that 
order the Prudentialls of the Towne shall appoint, and where any town shall 
encrease to an hundred families or householders, they shall set up a Grammnr 
school, the Masters thereof being able to instruct youth so far, as they may be 



9(» Introduction. 

fitted for the University, and if any town neglect this above a yeere, every such 
Towne shall pay five pound per ann. to the next such Schoole, till they shall 
performe this order. 1(3-1:7. 

" And an Academy or University is not oncly in thoir aime, hut a good 
while since they had more than begun well, and therefore wee read these words 
in another (It) part of tlieir lawes, AVhereas through the good iiand 
conoge, of God upon us there is a College founded in Cambridge in the 
County of Middlesex, called Harvard College, for incoui-agement 
whereof this Court hath given the sum of four hundred pounds, and also the 
revenue of the Ferrv betwixt Charles Towne and lioston, and that the well 
ordering and mannaging of the said College is of great concernment ; It is there- 
fore ordered by this Court, &c. Then follow directions for the President and 
Commissioners to establish orders and dispose gifts, etc. KJ.'IG, 1(540, l(i42. 

" Our Brethren of Xcw England . . . are not onely fiuni^lKil them- 
selves with necessaries of all sorts, and have made large steps in an Academ- 
icall way, having Acts, Degrees, and Conunencements according to the com- 
mendable fashion of Enijhdid, as their own words are ; The tlicxcs at their 
Conunencements disputed upon have been printed severall yeercs at Carnhridije 
in New England, and thence dispersed here ; but they have also industriously 
furthered by their godliness, gentleness, and good orders, the conversion of a 
miserable people that have lien so long in darknesse." 



Dr. Moore next cites " Q\\\\ Magistrates Power in Matters of 
Keligiou Modestly Debated Iini)artially Stated," &e., <te. By 
Tliomas Cobbet, Teacher of the Church at L^'nne in Xew Eng- 
land. . . . London, IG.l.j. His citation is as follows. 

"P. 34, o'l — Indeed, our Printed Law Book Alphabetically expressing 
the Titles or Heads of the blatters about which the Laws are made, reckoueth 
them thus, for an example. Dowries, Jjrovers, Ecclesiastical (the very tiling 
abused by this Author), Elections, Escheats, &q." 



It is noteworthy that these sections stand in this order in the 
Code of I<)()(), tlmiigh jirobalily many sectit)ns of the Titles Doiv- 
rie.'i, JEJccletiiastical and Elections, were nut print (.'d in the Code of 
1G49. 

Dr. INIooiv also cites li-oiii Snow's Ilistoiy of Boston a paper 
of instrucllons 1o the Selectnu'U in Ki.")!. Snow liowevcr merely 
copied Shaw's History, p. 125. In lliis book it stands 

"24. 1 mo. l(i."jl. Directions for the Selectmen of Boston com- 
mended imto them from the town." . . . First, in gcnerall we require 



Txliiiihnllon. f)7 

your special care tliat tlic good and wliolcsoino orders allroadv made, winch 
you liave the records <if, he ol)sei-\cd and duly executed, and what other acts 
and orders sliall he estahlished for future hcnefitt of the towne, tliat you allsoo 
cause tiicm to he puhlislicd and put in execution, and furtlier aecordhig ti> 
power given and severall laws of the counhj,* to he found in tiie hook of 
printed lawos, luider these titles, Townships, Ecclesiastick, Freemen, Iliiili- 
ways, small Causes, Indians, Corn-fields, Masters and Servants, Pipe Staves, 
Swyne, Weights, jMeasures, and any other order in force wliich oonecrns jour 
place, to reguhite yourselves and carry on your worke ; and wliere you findc 
defect of power to hring your desires to a good issue for well ordering the 
towne, j-ou may draw some good orders in forme to be aprovcd 1)V the towne, 
and so to he presented to the Gcnerall Court, and our Deputves, for con- 
sideration." 

" Secondly, to cnfjuirc of such as present themselves for inhahltants what 
calling or employment they will undertake, and if they will live under otiier 
men's roofs as inmates, then to deal with them, according to the order of such 
persons, comprehended under the title of Townshipcs."' 

"These instructions," adds Shaw, "were continued in force )iv an an- 
nual vote of the people for many years." 

Although these "Instructions" are not entered on tlie town 
book, and ShaAv's orio-inal is now unknown, tliere is no I'eason to 
doubt his accuracy. At the town meetin.";, March lOtli, IG-jl, an 
order was passed " for a Committee to Draw up the power to be 
given to the Selectmen, Avhich is first to be presented to the 
Towne and Consented too if they se Cause." (Printed Records, 
i. p. 103.) — Again, March 14, IG.lo, a committee of five " ar desired 
to draw up Instrucktions for the Townsmen {i.e. Stlectmen) to 
ackt by, to be an addition to what Instrucktions they already 
have." (Ibid. p. 111.) — Again, March 4, 1G59, (Ibid. p. 150) , " It 
is ordered that tlie Instructions formerly given to the select men, 
in writing, bee still in force till the towne present otliers to them." 
— March 12, 1660, (Ibid. p. 154), "Itt was voted that the instruc- 
tions formerly given to the select men sliould bee in force still." 

It is mifortunately true, tliat no one famihar with tlie Boston 
Records will be surprised that Cliarlcs Sliaw, in 1817, could find 
and use docmnents no lonovr remainiu"' in our archives. 



Lastly, "William V. Upham, Esq., who has been engaged in 
sorting and arranging the Court Files of papers for Suilblk 

* The text here seems to be corrupt. I suj^'fest " in the severall laws of the country." — 
W. II. W. 



98 Introduction. 

County, hns made the valual)le suggestion that in cases tried 
between ]6i9 and lOGO, citations Mould doubtless be made from 
the printed Code. Although it is impossible to cover all the 
ground at tliis time, the following examples show the importance 
and practicability of the idea. I trust it will be followed up by 
other investigators. 



From the SuffolTc Court Files.* 

At a General Court licld at Boston, 14th of Oct. 16.57. In answer to 
Overseers of Harvard College, Vol II. p 73. Xo 275. 

" it shall be sufficient unto the valiility of college acts, that notice be 
given unto the overseers in the six Towns mentioned in the Printed Law Anno 
1642 &c &c 

copy examined 

J. Willard, Sec y " 



Goflc & GoflTc's Ex. Dec. IH.^.S. Vol II. Xo 333. 

Sam"! Goffe's plea. 

Answer, that the deponents to the promise doe professe that had they de- 
manded it then, they doubt not but the said Kdward GofFe deceased would have 
performed it, if he could ha\e done it in a ■way of concealing it from those 
whom it might trouble, the desire of woman is evident 

Jan 11'" '37 

Tsal. 15 4 

If it be contra pleaded it soemeth not valid by our legal acts 

that law Anno 52 page 15 

" this double portion is so bound or ... according to scripture 
acceptation or the law by us inacted, lili. 1, title wils, page 53, which law we 
think from the scripture law &c &c 

"and required by our law in deed.>, Law auno 51 ^lay 7 "' 



Harry Bennett vs AV'" Fellows : 

Pleading, \u\ III. p 10. Xo 351-4 & answer to. Sept. 27. 1659. 
" And we shall leave the appellant to your justice to be further p'seded 
with, according to the Laws, fol 2 title appeals sec 2 it fol. iSG title majestrates." 



* Tliesu cxnniiilcs sliow that tho CoiU- of liU'.l coiituiiii'il a title CoUcyc ; also Connijanccs, 
p. 1j; Wills., p. 53; Apjiail.<, p. 2; ami Mmjisl rales, p. ail. — • W. U. \f. 



Jilt rod ltd ion. fy 

Vol II, p. 45, Xo 2.') 7, paper not cLitod, probably l(>")5-(> 
Divorce* Case eJane Ilalsell vs George Ilalsell — Petition 
(4) " But considering the power of di\oree doth properly helong to the 
Generall Court of Assistance as it is ex|)ressed in an order of the trcncrall comt 
= (Maye IG 1(j5G) & a president ther is for it (namely ]Mr Freeman some- 
times of Watertown ) & the law submitts it (page 17) 
There for I hope ilic " 

* There is no title of Dieorce in the editions of ICllO and lfi72. Tin- rofiriMices are umlur 
Courts and Poimj, and at the former place the margin qnotes lAher 1, pii. 1+ and l.">, and Liber 
3, p. 5. 

As to tlie powers of the Conrts, we find (Ilec, i. 27G), Sept. 9, 1030, it was ordered ■' that 
such of the magistrates as shall reside in or near to IJoston, or any 5, 4. or 3 of them, tlio Gov- 
ernor or Deputy to be one, sliall have power to assemble togetlier upon tlie last fifth day of the 
eighth, eleventh, second and fifth month, every year, and then and there to hear and determine 
all civil causes whereof the debt or trespass and damages shall not exceed £20, and all criminal 
causes not extending to life, or member, or banishment, according to tlie course of the Courts of 
Assistants, and to summon juries out of tlie neiglil)oring towns." 

October 18, 1G48 (Rec, ii. p. 28G, and iii. 175), the law was altered so tliat only two Courts 
should be held, viz., in the first and seventh months, and the Governor or Depnly was allowed to 
call a Court to try capital cases. ' so that justice be not deferred nor the country charge!." 

But in the Code of ICCO the law stands " For tlie better ad mi ni.it rat ion of justice and 
easing of the Conniry of unnecessnry charijes and trarailc. It is ordered by this Court ami tlie 
Authority thereof, Tliat there be two Courts of Assistants, ycarely kept at lioston, by the Gov- 
ernour, Dcputie Governour and the rest of the Magistrates, on tlie first Tuesday of the first 
month, and of the first Tuesday of the seventh month, to heare and determine all and onely 
actions of appeals from inferior Courts : all Causes of divorce, all Capital and Criminal canse.i, 
extending to life, member or banishment. And that justice be not deferred nor the Country 
needlessly charged. It shall be LawfuU for llie Governour, or in his alisence tlie Deputie Gov- 
ernour (as they should judge necessary) to call a Court of Assistants for tlie tryal of any male- 
factour in Capital Causes." 

It will be noticed that in 1039 the Quarter Courts could not try criminal cases exteiuling to 
life, member or banislimcnt, which powers seem always to have been exercised by the full Court 
of Assistants. It may be that such was the object of this law, as tlirec magistrates were made a 
Court by it. The records of the Court of Assistants are printed by Shurtleff, in tlie first volume 
of Records, and were entered chronologically with the meetings of the General Court. The 
latest is dated Sept. 7th, 1041. Happily the Barlow cojiy of the llecords contains further records 
of these Quarter Courts to Slarch 5th, 1043-4. Then all records are missing prior to tlie volume 
dated 1073-1092, in charge of the Clerk of our Supreme Court, as pointed out by Charles Cow- 
ley, Esq., in his pamphlet entitleil " Our Divorce Courts " (Lowell, 18N0). 

It w ill be farther noted that in 1000 the Court of Assistants was to hear and determine 
"all causes of divorce," a power which does not seem to have been expressly granted before, and 
which is explained by the case of Halsell quoted above. Mr. Cowlej' cites the case of James 
I.uxford (3 December, 1039, Rec, i. 283), where the "Court of Assistants or Quarter Court, 
held at Boston," nine members sitting, decreed that he " being presented for having two wives, 
his last marriage was declared void, or a nullity thereof, and to be divorced." He was al-^o 
obliged to give all he had to the wife last married, for her ami her children, was fined £100, put 
in the stocks, and banished. Mr. Cowley could find no other cases. 

Such, however, are to be recovered from our records. At the Quarter Court, at Boston, 
March 5, 1043-4, it is noted that " Anne Clarke being deserted by Denis Clarke her husband, and 
he refusing to accompany with her, she is granted to be divorced ; his refusal was under his hand 
and seal, which he gave before Jlr. John Winthrop, jr, Mr. Emanuel Downing, Jlr. Xelieniiah 
Bourne, and Ricliard Babington. Also he confesseth he liveth in adultery with one by whom he 
liath had 2, and refuseth to forsake her wiiicli he had 2 children by." 

Again, at the same Court, John Richardson was ordere<l to " be sequestered from Elizabeth 
Fryar, to whom he was married the 12"' of the 8"' month, and neither to meddle with her person 
nor' estate, till things be cleared by advice from England." The General Court (Rec, ii. 80), 



lUO Introduction. 



From the Essex Coiirt Files. 



Vol. IV f. 17. ]\Iarch 1G57-8 

" who ever henrd of an aceoi-d of Replevin before now. 

" Tlie law givctli a reple\in : or tlie tiling taken ii[)on an other jileilg for 
TO hciiofitt of y° fi)riiicr plaintiff: ;in(l it is for a trespasse done him. And 
therefore he Sueth fur remedy Ijy vertne thereof, ;ind did give bond to prose- 
cute the same."' 

" law against near relations to judge "' mentioned — 

f. 18 — (same case) " that the court will be pleased furderto 0(jnsider the 
law in the first booke and i)age wiiare tis sayd to this purpose that noe mans 
goods shall be taken away or any way cndainadged vnder cnllour of law or 
countenance of autlioritv iinles it be by the ^•<■rtue or equity of some exprese 
law or in defalt thereof bv the word of jjod suficicntlv warantinjr the same." 

Xovcnil)er i;^, l*I-t4. on ailditioiuil testinnjny, " ilo declare the last niarriaj^e to l>e void, A\'hicli ■\vas 
Kliz;ibetli Frier." (These Ivo cases arc in ihe Barlov) mannscriiit.) 

Tlic luxt ease whieli I liavo noted is October IG, IC.jO (Rcc, IV". parti, p. 32), 

'• In aii'iwer to tlie petition of AVilliara I'almer, desiring a 1)111 of divorce may be granted 
liini from Kliiwir, \\\< 'wife, which, since his coming into these parts, hath wholly deserted liiiu and 
married herself to one William Pope of Salisbury, iu the county of AVilts, in Eii'jland, and hath 
bad rliildren by liim, the Court jnlgeth it meet . . . that tlie said William Palmer slioull be 
divorced, and doidared hereby that he is legally divorced." 

May U, liw4 (Uec, IV. parti, p. VMT), . . . 

'■ In answer to the petition of Dorcas Hall, desiring a divorce from her husband, John 
Hall, wlio is gone from her, &c — the Court finding it fully proved . . . Jul reth it meet, that 
the sai 1 Dorcas shall be. and hereby declares that .she is, legally divorced from the said John 
JIall. and is at liberty to marry witii any other m:;n." 

A similar case of divorce desired is in Rec, IV. jit. i. p. 2S2, October H, IGjC, as re- 
cordi'd : — • 

" 111 answer to the petition of Mary liachiler, desiring liberty from this Court to dispose of 
herself, her husband being gone from her, and, as she protends, since his going, marrie.l, &c., 
the Court juilgeth meet to refer the examination to tlie ne.vt County Court at York, and the said 
Court to make return of what they find to the next Court of Assistants, irho haee jmiccr io issue 
and (hfcri/tijie the case." 

Ill liec. I\'. part i. pp. 2.j0 and SCO, it seems that at the session of Jlay, IfioG, the General 
Court referred tlie petition of William Clements of Watertown, "craving a divorce from his 
wife, wlio for several years hath refused marriage fellowship with him, . . . unto the 
County Court of Charlestown next month." 

In Ilalsall's case, in lOjfi, the counsel a.? cited above (ante, p. 00) quotes the case of Jlr. 
Freeman of Watertown. Though this does not ap'K'ar in the General Courfs record, it is doubt- 
less a different case from that of AVilliam Clements of the same town. Samuel Freeman had a 
wife .Vppliia, and it has been thought that his widow married Gov. Thomas Prence of Plymouth. 
It li.-is now been -suggested that she was divorced, and married a second time while Freeman 
stayed in Fnglaiid, but this surmise needs examination. 

Next comes this case of George Ilalsall and his wife, .at the same session (Rec, IV. part i. 
p. 272), wlnTe in answer to tlie iietitions " tliere having been two connnittees that have had the 
hearing of this cas.', whose appreliensioiis have been different therein, this Court is not wiHing to 
act hereiiimii. but judge it meet to ri'fer tlie examination and final determination of this case unto 
the Court of -Assistants, io vhr,„i it cJntli pi-o^ierhj lir!:j,i'j." Later (Ibid., p. 3S0), Jlay 28, ICoO, 
the General Court " in answer to the petition of George Ilalsall, . . . do order, that the de- 
termination of it be referred to the next session, and iu the mean time forbid either jiarty to 
marry." 

Lastly, November IL', lil.".:< ^Ibid., p. 401;, "In answer to tlie ]ietition of George Ilalsall, 



lulnxlitclioH. lUl 



Essex County Court Papei's. 
Vol. IV — f. .30— f case of Gifford & Webb — 



f case of Gifford & W 
\ Juue 1G58 — 



— Henry "Webbs Answer — 

" 2'^ Tlie law as I conceave is plaine that tlie thinge sued for shall lie 
" i.onkp 4'Umac brefely exprest in the warant, that y" phintive might know iiow to 
•itLi siimana jirovidc himselfe, w""". is not in tliis & tliercfore cannot coine jire- 

pared to make an answer, vpon w''' I conceave there is a mistake. 

" 3'-'' the law tiiat gives strangers libcrtie to trye in any Courte of this 
2-b ijpae Jurisdiction, restrains it to such as are not residcing or inhabiting 

tiui Strang™ amongst vs. & the general Conrte lookt at ^Ir Giffard as a 

stranger. & took bonde of him accordingly. & soe did y*" Clark of the writs in 
this action. 

" 4'^ The law sath y' al actions of debts aco*. slander & actions of the 
i.b. ipag caise &c. siial be tryed w'''in tlie Jurisdiction of tliat court wlierin 

liiei Actions i^ijg plantive or defendant dwcletli. but nether plant, nor defendant 

lives in this country as we conceue. y' plant, being detennincd by General 
Courte to be a stranger." 

In the case of Cromwell v. Ruck — June 1 Gr,0 — Vol. V — f. 98 — 

"The new law book in pag. 15 

" The law sees : wharas the way of passing of houses & landes by salle in 
England is both peesabell «S; effectuall namly by deed in writing sealed & de- 
liured w"" liueri and Seson or posession given of the same before witness & l)y 
deede acknowlidged and recorded or by scesing a ffine : & that divers within 
this Jurisdiction are apt to rest upon vnsertin bargans or salles for liouses or 
lands of any valew : this Court taking this thing into Searis consideration doth 
hereby declare & order for the prevention of all clandestine and viisartin salles 
& titells : that henceforth noe sale or Alienation of houses or lands in this Ju- 
risdiction shall be houlden Good in law exsept the same be dune by deed in 

humbly desiring that Jane, his wife, lately dirorced from him by the Court of Assistants, lfi56, 
m.iy be returned to him, &c., the Court, on a hearing of tlie matter contained in liis petition and 
duly considering of all the evidences by both parties produced in the case, do order, that the 
judgment of the said Court of Assistants in reference thereto he void, and that the said George 
Halsall shall have and enjoy the said Joan Halsal, his w ife, again." 

Here we have full evidence that divorce cases were considered to belonir fir^t to tlie Court 
of Assistants with an appeal to the General Court. 'Washliurn (Judicial History) point.-; out that 
this power of appeal e.xisted in all cases. 

The.se nine quoted cases of Luxford, Clarke, Richardson, Palmer, Hall, Bacheler, Clem- 
ents, Freeman, and Ilalsall may not comprise all the cases even in the printed Records, as '• Di- 
vorce" is not an entry in the indexes. The Court of Assistants between 1044 and 11)73 maj' have 
granted other divorces, of which the record is lost. Halsall's case is most peculiar, as a divorce 
was set aside after three years. 

As the text refers to the fact that divorce cases belonsed to the Assistant.s, and says " the 
law submits it, page IT," it seems a reasouable surmise that this clause stood in the Code of 1C49, 
under the title Courts. — W. H. W. 



102 Introduction. 

writen under hand & seal & delivered & poscssion given upon part in the name 
of tlie whole by tlie vender or his Atornv soe Atiiorised under hand & seal : 
vnles the said deed be acknovvlidired accordinii; to law and recorded." * 



From Middlesex Court Files and Records.^ 

Norcross as Beers in behalf of the town of Watertown at County Court 
held at Cambridge, 4'' (2'") 1G54. 

" Defendant presents an order in the 50 page of the printed laws which 
concerns Townships, allcaging our order is repugnant to the Law &c &c " 

" Whereas he aledgeth the 13 page of the printed Lawes about recording 
of Sales, we stand not about title ; the thing in controversy is possession in 
place." 

]\Ir Xorcross Declaration : 

" was not possession given according to the Lawes of the honored generall 
court rcall but a sliadow for the words of the law Page 14 Conveyances fraudu- 
lent : noc title is of [validity?] except it be Recorded, the latter book Page 13, 
that that is Recorded ljy tlie Sheer Recorder shall be sufficient security, (with- 
out such, not.) Tlierefore he tould them tlicir order was criminall and repug- 
nant beyond limites provided in that case Page 50. 

" whereas the law saitli now that [not] above 8' in 100 that Rate projior- 
tionable for all somnies what soever, that is the words of tlie Law Page 51 
Uscry." 

" the}' had not showed mee the instructions given tiitm in wrighting to 
niak that order Tho I think the}' can show it Page 51 &c. &c. " 



" Henry Dunster presentid for disturbing church services July 30, 1G54. 
County Court Records, Vol 1. p, CO, The Court ordered that Mr Henry Dunster 
according to the Ecleast : Law page 19. at the next lecture at Cambridge 
sliould (by such magistrate as should tliere be present) be publiquely admon- 
islicd and jrive bond for his irood beiiavior." 



* TliC'se Essex Cases prove tliat in iri4:i tlie PreainMe stood first, on page one, being tlie 
Liberty for personal proleelion. Tlien it eontains Ai/ions, p. 1, and evidently did not contain 
title iytraiir/crs, here referred to tlie Second Book, p. 15. I snspect tbe reference above in 
Webb's answer to title Snnimons means Liber 1, not Liber 2. In Cromwell's case the new law- 
book. ]!. 15, is not the Code of IfiOO, where the law is on p. 20. The marginal reference there is 
to Anno 52, p. 15, which, as hereafter shown, was the second Supplement. — W. H. W. 

fThe Middlesex examples give us references to Townships, p. 50; Conveyances, p. I.'?; 
Conoeyunces frnndiUent, p. 14 j Usury, p. 51; Ecclesiastical, p. 19; Marriage, p. 3S ; and prob- 
ably Liberties Common, § 2, p. 35. — W. H. W. 



Jntroduction. 



103 



Vol 1. p, 80. " I\Ir Joseph Hills uf Maulilou heiiig p''seiite(l bv tlie 
Grand Jury for marrj iiig of himseltie, contrary to the Law of this Collony 
page 38 in ye old Booke. &c &c " 

Court April 1, 1G56 



Symmcs vs Broughton, County Court. June Ifi, 1657, Plaintiffs Reasons. 

" The 3'''* reason is because the erecting and maintaining of the aforesaid 
Dams is directly contrary to the righteous established laws of tliis common 
wealth wch say expressly pag. 35 of printed laws, That a proprietor shall nut 
by what liberty he hath given him &c &c " 



The following Table shows the titles which were certainly in 
the printed Code of 1649 : — 



Preamble 

Action 

Appeals 

Anabaptists 

Arrests 

Bakers 

Cask and Cooper 

Cattle 

Causes, Small 

Charges, Public 



Page 1 

" 1 



Indians 




p. 28 


Itin-Keepers 






Jurors 


pp. 


31, 3i 


Leather 






Liberties, Couimoii 




p. 33 


Magistrates 






Marriage 




p. 38 


Marshal 




p. 38 


Masters and Servants 






Military Affairs 


pp. 


39, 42 



College 


" 12 


Money 


Conveyances, fraudulent 


" H 


Pipe-staves 


Courts 


pp. 14, 15, 24, 36 


Powder 


Cornfields 




Punishment 


Divorce 


p. 17 


Itecords 


Dowries 




Scliools 


Drovers 




Strangers 


Ecclesiastical 


19 


Summons 


Elections 


p. 51 


Swearing 


Esclieats 




Swine 


Fines 


pp. 22, 38 


Townships 


Freemen 


p. 23 


Usury 


Gaming 




Watching 


Heresy 


" 24 


Wills 


Higliways 




Women 


Impost 


p. 27 





p. 40 
" 4.1 
" 47 
.. 47 

*' 49 



p. 51 

p. 52 

53 



104 Introduction. 

After the experimental publication of the Code in 1G49, the 
advantages of a pi'inted authority were evident. 

Octoljer 17, 1049 (Records, ii. 286, and iii. 173), the following 
vote was passed : — 



" The Court, finding by experience the great benefit tliat doth redound to 
the country by putting of the law in print, do conceive it very requisite that 
those laws that have passed the consent of the General Court since the Book of 
Laws were in printing or printed, shouhl be fortiiwith coniniitted to tlie press ; 
and for that end appoint Richard Bellingham, esq., Mr. Nowell, ^Ir. Auditor- 
General [Duncan], Capt. Kcayne, and Mr. Hill, or any three of them, a 
committee to prepare them against the Court of Election ; that upon approba- 
tion of the return of the committee, they also may be printed ; as also therewith 
to pi'cpare those laws referred to in the end of the printed laws, with a suitable 
table, to lie printed." 



October 18, 1(5.30 (Kecords, iv. part 1, p. 3.j) : — 



"It is ordered that Eichard Bellingham, esq., the Secretary [Rawson] 
and ]\[r. Hills, or any two of them, are appointed a committee to take order for 
the printing the laws agreed upon to be printed, to determine of all things in 
reference thereunto, agreeing with the president for the printing of them with 
all expedition, and to allow the title if there be cause." 



These last two entries supply us with a fact Avhich has prob- 
ably not been noticed ff)i' tlie last century, viz., that not only Avas 
tlicre an edition of 1(549, but a Sujiplement thereto in 1G30. It will 
also be possible to form a fair idea of the sliape and contents of 
both of these. As to the existence of tlie Supplement of 1650, 
citations given later (luidei* dates of May 26, 1(3,j2, Aug. 30, 1653, 
Ma}^ 3, 1(554, and Xov. 24, 1(554) show that the General Court in 
1654 I'cferred to and amended laws in tlie " first printed book "' 
and in the '' second printed book." Moreover the Code of 1(5(50 is 
full of marginal citations from L. 1 and L. 2, the formei' being- 
quoted up to p. 53 (title "Wills") and the latter to p. lb 
(under the same title). And in one case the law cited by the Gen- 
eral Court as being on p. 8 of the second book (referring' to 
Freeman) is in 16(50 marked as L. 2, p. 8. 

Two other fiicts are significant: First, the annexed Table of 
the marginal references in the Code of 1660 to Liber 2 sliows 



Jntrodnction, 105 

that tlie laws copied were all ])asse(l prior to 1(551. Secondly, 
that the marginal citations arc from Anno 1G.")1 onward, and 
never backward. That is to say, no year previous to 1051 
stands in the margin, though mxich of the text was enacted in 
1(548, 1(549, and 1(550.^^ There are some laws cited as from 
Liber 2, which wei'c ])assed earlier than 1(548; these arc evidently 
the laws whic-h were omitted in the Code of 1(549, but found on 
examination to be worthy of a place in the (xeneral Laws, and 
therefore put first into the Supplement and then into the Code 
of 10(50. 

The title "Ecclesiastical" (p. 28 of 1(500) seems to give us a 
good proof that the Supplement contained amended or omitted 
laws. Section 14 contains two long sub-sections or paragraphs. 
Both were passed November 4, 1(J4(> (liecords, ii. p. 178, 179) ; but 
the first paragraph is on p. 179, and the second on p. 178. ^ow 
the Connecticut Code prints the first paragra])h complete, but 
not the second. Hence I infer this first paragraph alone stood in 
the Code of 1(549 ; but that in the Supplement (the citation being 
L. 2, p. 5) the previous section, which had been overlooked, was 
restored. 

!N^ote, also, that in the law of 1040 the culprit Avas to wear a 
paper inscribed "A Wanton Gospeller"; but in 1(5(50, and by the 
Connecticut Code, it was changed to "An Open and 0])stinate Con- 
temner of God's Holy Ordinances." In my former edition I added 
that this seems to show that the compilers in 1049 altered the text 
on that point, and Connecticut copied it. This surmise is made 
nearly certain by the copy of this act, as quoted by Thorowgood 
from the Code of 1049 (ante, p. 94). I reprint the law as it stands 
in the Colony Records, ii. p. 177. The clauses in italics are omitted 
by Thorowgood, one or two words are altered, and the label is to 
read ''AN OPEX A;N^D OBSTINATE COXTEMXEK OF 
GOD'S HOLY ORDIXAXCES." 

Presuming, as we must, that Thorowgood copied vevhatlm, it 
is quite curious to note that certain phrases, marked in brackets, 
were omitted in the Code of 1049, more especially as they were 

^' I find but two apparent exceptions. In infiO, p. 2, title "Aiipeals," ^ 3, tlie citation is "A. 
43, p. 19." This is a typograpliical error, as tlic law was passed August 30, lGu3 (Records, IV. 
part 1, p. 152). 

The other case is on p. 82 of Code of IGfiO, title " Wolves," cited as 1(148. This law was 
passed Oct. 18, 1C48 (Uecords, ii. 252), and was to last only four years. It was therefore not in 
the General Laws of 1649. But it was revived by a law passed August 30, 1C53 (Records, IV. 
part 1, p. 153), and therefore is printed in ICUO. The law and the citation are both exceptions. — 
W. H. W. 



106 Introduction. 

restored to the text in the Code of 1G60, p. 26, title Ecclesiastical , 
§ 14, and as they are also given in full in the Connecticut Code of 
1G50. 



[Law of November 4, 1G4G, compared with Thorowgood's 

CITATION OF 1G49.] 

"That if any Christian, so called, within this Jurisdiction, shall con- 
temptuously behave himself towards tlie word preached, or the messengers 
thereof [called to dispense the same in any congregation, where he doth faith- 
fulhj exemile his service and offi.ce therein, according to the icill and tcord 
ofGod'\, either by interrupting him in his preaching, or by charging him falsely 
with any eri'or which he hath not taught [(^^^ the open face of the church)^ , or, 
like a son of Corah, cast upon his true doctrine or himself any reproach, [to the 
dishonor of the Lord Jesus, who hath sent him, and to the disparagement 
of that his holy ordinance, and making God's ways contemptible and ridic- 
ulous, that'\ every such person or persons (whatever censure the church may 
pass) shall for the first scandal be convented and reproved openly by the mag- 
istrates at some lecture, and bound to their good behavior ; and if a second 
time they break fortli into tlie like contemptuous carriages either to pay £5 to 
the public treasury, or to stand two hours openly upon a block 4 foot high, on 
a lecture day, with a paper fixed on his breast, with this A WANTON GOS- 
PELLER, written in capital letters, that others may fear and be ashamed of 
breakinsr out into the like wickedness." 



The title " Attachments," in the Laws of IGGO, helps to fix the 
date of the second book. It cites " L. 2, p. 12," for a law passed 
Maj' 22, 1().">0 (Kecords, iv. part 1, p. 5), and farther down it cites 
''Anno 1651, p. 1," for a law passed May 7, 1G51 (Records, lY. 
part 1, p. 39). 

Lastly, as already cited (ante, p. 80), Joseph Hills, in May, 
1G53, states tliat, after seeing tlie first volume througli the press, 
he aided others " to compose and transcribe the second Book of 
LaAVS, cop3'-Avise," and " to fit them for the press." 

We hnvc, moreover, already given a table (^ante, p. 92), of 
citations from Liber 1, contained in the Code of IGGO. We have 
now to account for about fifty citations in the volume of IGGO, 
credited to Liber 2. This collation will com]>lete our certainty 
that Liber 2 was a Supplement, covering the General Laws for 
1G48 (partly), 1G49, and 1G50, together with some earlier laws 
omitted in the Code of 1G49, but still in force. 



Introduction. 



107 



It will be seen, from tlie following table, that this Supplement 
was arranged under titles in an alphabetical order. The apparent 
exceptions are doubtless due to the fact that these titles were 
changed in 16G0; and very possibly the order was not strictly ob- 
served. But the main fact remains that Liber 2, or the second 
printed book, contained all the laws passed after the completion of 
the printed Code of 1649 (or the first printed book), through the 
sessions of 1650, 



Marginal Citations in the Laws of 1660. 



1660. 


Title. 


LIBER 2. 


Date of 


riginal Act. 


P. 1 


Actions 


4 


Oct. 15, 1650 ; 


Rec. 


iv, *27. 


2 


Appeals 


1 


May 2, 1649 ; 


ii, 


ii, 270. 


4 


Attachments 


12 


May 22, 1650 ; 


fc t 


iv, 5. 


6 


Bridges 


3 


March, 1647-8 ; 


'• 


ii, 229. 


11 


Cattle 


8 


May 22, 1650 ; 


itit 


iv, 4. 


13 


Criminal Causes 


4 


May 2, 1649 ; 


4 • 


ii, 279. 


17 


Chirurgeons 


3 


do ; 


it 


ii, 278. 


18 


Clerk of the Writs 


13 


See Footnote ". 






21 


Counsel 


4 


do ; 


(( 


ii, 279. 


(( 


Courts 


10 




(( 


ii, 7, 9. 


(( 


do 


13 




t i 


ii, 95, 


22 


do 


24 


See Footnote ". 






23 


do (Lib. 3) 


5 


Oct. 17, 1648; 


i < 


ii, 286. 


24 


do 


( 


Nov. 13, 1644; 


t, > 


ii, 80. 


i i 


do 


15 


June 31, 1650 ; 


■• 


iv, 20. 


ii 


do 


4 


-. 






26 


Dowries 


5 


)■ See Footnote » 


• 




27 


Kcclesiastical 


7 


, 







• Kefercnccs to Kecords, iv mi-an Part 1 of that volume. 



108 



Introduction. 



JSIargiiial Citations in the Laws of 1660. — Continued. 



16G0. 


Title. 


LIBER 2. 


Date of Original Act. 


28 


Ecclesiastical 


5 


Nov. 4, I64fi ; 


Rec. ii, 178. 


20 


Elections 


10 


Oct. 17, 1649, 


" ii, 286. 


30 


Fairs 


7 


Oct. 18, 1648 


, " ii, 257. 


(( 


Ferries 


7 


Oct. 27, 1648 


'• ii, 262. 


31 


Fines 


7 


May 22, 1646 


" ii, 153. 


33 


Freemen 


8 


May 18, 1631 


" i, 87. 


37 


Hides 


8 


Xov. 4, 1646; 


" ii, 168. 


38 


Horses 


n 


May 2, 1649 ; 


'• ii, 280. 


30 


Imposts 


9 


Oct. 1, 1645; 


" ii, 131. 


41 


Indians 


15 


June 21, 1650 


; " iv, 21. 


44 


Innkeepers 


3 


Oct. 17, 1649; 


" ii, 286. 




do 


i; 


Oct. 18, 1648; 


" ii, 257. 


40 


do 


31 


See Footnote *. 




47 


Jurors 


5 


Oct. 17, 1649; 


" ii, 285. 




do 


8 


May 22, 1650 ; 


" iv, 3. 


51 


^Married Persons 


17 


Oct. 15, 1650; 


" iv, 26. 


53 


Marshall 


_ 
1 


May 26, 1647; 


" ii, 194. 


5fi 


Military 


12 


Jlch. 1647-8 ; 


" ii, 226. 


(iO 


ilo [Anununition] 


1 


May 2, 1649 ; 


" ii, 282. 


Gl 


]\Iincs 


11 


May 10, 1648; 


" ii, 242. 


(i;i 


Petitions 


13 


Oct. 27, 1648; 


" ii, 261. 


r.8 


Records 


15 


See Footnote *. 






do 


7 


Nov. 11, 1647 


'> ii, 215. 


70 


Sailors 


14 


May 22, 1650; 


'^ iv, 2. 



Inlroduclion. 



109 



3farginal Citations in the Laws of 1660. — Concluded. 




' On p. 13, title " Criminal Causes," the reference is L. p. 2. Probably tliis means Lib. 2. 

On p. 18 the reference is in regard to the " Ckrk of the Writs." I have already (ante, 
p. 25) noted part of this law as passed in 1641, but I have not found the law establishing their 
fees. Yet May 31, IGGO (Records, iv. part 1, p. 421), a law was passed which refers to a " former 
law " on the subject. 

On p. 22, title " Courts," tlie reference is L. 2, p. 24. This is doubtless a printer's error 
for p. 14, as the preceding reference is to L. 2, p. 13; or to Lib. 1, p. 24, as that is tlie bottom 
reference on the same page, § 4. I prefer the latter solution. 

On p. 23, § 7, the reference is to L. 3, p. 5, and as this is the only reference to Liber 3, 
I feel sure that it is an error for Liber 2. 

On pp. 24 and 2fi, titles respectively " Courts and Dowries," I cannot find the laws cited. 
Both matters are fully discussed ante, p. 25 and 2G. 

As to the reference on p. 27 to title "Ecclesiastical," being a law, that "the Treasurer 
shall defray the e.\penses of church elders when employed by special order of the General Court, 
1642." — This order was passed May 18, 1642. It is on p. 2 of vol. ii, second edition only, and is 
not indexed in cither edition. 



On p. 4C, title " Innkeepers," § 12, the reference is to L. 2, p. 31 ; evidently an error for 
Liber 1, as on the previous page § 8 is. referred to L. 1, p. 30. 

On p. 68, title " Records," the reference is L. p. 15. Undoul)tedly Lil)er 1 is meant, and 
I imagine that it therein stood under title " Courts." 

On p. 73, title " Strangers," the citation is L. 2, p. 32. This must be an error for L. 1, 
p. 23, as just above it the citation is L. 1, p. 23. The te.\t is dated 1G41, and both paragraphs 
are in the Body of Liberties. 

On p. 81, title " Wills," § 3, the reference is to L. 2, p. 6. I suspect an error for L. 2, 
p. 16, as that is the citation for § 1 on the previous page. 

It is, of course, undesirable to explain difficulties by presuming typographical errors. But 
the fact remains that the edition of IGjO contains many such about which there can be no dispute. 
The first three instances noted above are all the references to any page in Liber 2 above IG ; and 
it seems impossible tliat there could have been 24 or 32 pages in the hook, and yet that none of 
those intervening pages were used in preparing the Code of 16G0. — W. H. W. 



110 



Introduction. 



~SoY does our information stop here, but it is demonstrable 
that two more Supplements were issued, the second containing 
Laws of 1651, lGo2, and 1653, and the third embracing' those of 
16.34:, 16.')5, 1656, and 1657. This information was given in the 
Introduction to my former edition, pp. 112-113, but is now jjut in 
its proper relation to the preceding pages. 

In a report dated Sept. 1, 1673 (Archives, Vol. 48, ]N"o. 125), 
I notice the following words. 

" It is tlie sense already griven hy the General Court, see 
49foi 8of2Jprim tlie Ki'sult of s"' question in 44 the ohl printed b. fol. 13, where 
62 fol 11 3'' prim (1, > Governor liath onclv a castinij voice in case there bee an equall 
number on dift'erent sides." 

Following out the clue thus given I turned again to the mar- 
ginal citations in the Code of 1660. AVe have already discovered 
that Lilicr 1 meant the Code of 1619 and Liber 2 the Supplement 
of 161^-»-l()51. But there were also many later references, all 
made to A 51, A 52, &c., including A o^, and evidently meaning 
Anno 1651 to Anno 1658. These years were accompanied almost 
invariably by the words p. 1, p. 2, p. 20, up to p. 26. The follow- 
ing table gives the list: — 

Marginal Citations, Code of 1660. 



1000. 




IfiCO. 








Page 1, 


. . A 52. p. 7. (A).* 


Page 1(), . 


. . A 5(1, 


P- 


11. (F).* 


2, . 


. . A. 51, p. 1. 


(i 


. . A 54, 


P- 


r, 


Ci 


. . A 43, p. 19 


17, . 


. . A 51, 


P- 


4 


(* 


. . A 54, p. 2 


19, . 


. . A 54, 


P- 


2 


3, 


. . A 51, p. 5 


4i 


. A 57, 


P- 


2r. 


4, 


. . A 51, p. 1 


20, . 


. . A 52, 


P- 


15 


5, 


. . A 52, p. 8 


44 


. . A 51, 


P- 


2 


G, 


. . A 51, p. 4 


22, . 


. . A 52, 


P- 


11 


6, . 


. . A 55 


24. . 


. . A 54, 


P- 


2 


7, . 


. . A 58 


25, . 


. . A 53. 






7, . 


. . A 52, p. 10. 


(k 


. . A 54. 


P- 


3 


0, 


. . A 51, p. 2 


27, . 


. . A 58. 






'• 


. . A 52, p. 17 


28, . 


. . A 54, 


P- 


G 


n, 


. . A 53, p. 20 


29, . 


. . A 52, 


P- 


15 


13, 


. . A 51, 1.. () 


t ( 


. . A oS. 






fc * 


. . A 54, p. 2 


32, . 


. . A 52, 


P- 


11 


14, 


. . A 51, p. 1. 


(( 


. . A 52, 


P- 


9, 10. 


(4 


. . . A 57, p. 2.'. 


33, . 


. . A51, 


P- 


3 





Introduction. 


Ill 




Marginal Citaiions, Code of 1000. — 


Continued. 


l(!C.O. 




j KICO. 




Page 34, 


. . . A57,p. 7,8.(G).* 


, Page 59, 


. . . A 55. 


35, 


. . . A 54, p. 7 


60, 


. . . A. 56, p 12 


ii 


. . .A. 51!, p. 13 


ii 


. . . A 56, p 12 


( ( 


. . . A 57, p. 20 


i i 


. . . A 54, p 1 


( ( 


. . . A 58 


ii 


. . . A 56, p. 12 


3(!, 


. . . A 53, p. 19 


61, 


. . . A 53 


n 


. . . A 58 


( t 


. . . A 52, p 12 


3!), 


. . . A. 53, p. 19 


62, 


. . . A 54, p. 5 


40, 


. . . A 52, p. 1() 


(4 


. . . A 52, p. 9 


41, 


. . . A 57, p. 22 


63, 


. . . A 54, p. 5 


ii 


. . . A 57, p. 23 


ii 


. . . A 54, p 1 


42, 


. . . A. 56, p. 18 


65, 


. . . A 58, p 22(H).* 


43, 


. . A. 58 


ii 


. . . A 56, p 10 (E).* 


(( 


. . A 52, p. 10 


a 


. . . A 57, p 24 


(( 


. . . A 58 


66, 


. . . A52, p. 3 (B).* 


44, 


. . A 51, p. 4 


ii 


. . . A 55, p. 10 


i( 


. . . A 53, p. 19 


C7, 


. . . A. 57, p 25 


45, 


. . A 54, p. 2 


68, 


. . . A 52, p 13 


(( 


. . A. 58 


<( 


. . . A 57, p. 21 


4(1, 


. . A 57, p. 21 


ii 


. . . A. 54, p. 24(D).* 


47, 


. . A 54. 


69, 


. . A 52, p 9 


ii 


. . A 51, p. 5 


ii 


. . A 53, p. 18 


ii 


. . A 53, p. 19 


70, 


. . A52 


ii 


. . A 57, p. 25 


71, 


. . . A 54, p 1 


(( 


. . A 50, p. 14 


(( 


. . A 56, p 12 


49, . 


. . A 51, p. 3 


ii 


. . A 53, p 18 


53, . 


. . A. 53, p. 20 


72, 


. . A 55 p 11 


55, . 


. . A 52, p. 12 


73, . 


. . A51, p 7 


it 


. . A 55 


74, . 


. . A 10:)8. 


50, . 


. . A 56, p. 12 


75, . 


. . A 51, p4 


it 


. . A 53, p. 13 (C).* 


76, . 


. . A. 58 


57, . 


. . A 52, p. 13 


ii 


. . A 53, p 18 


(I 


. . A 56, p. 12 


i i 


. . A 54, p 2 


58, . 


. . A53 


77, . 


. . A 58 


ii 


. . A52, p. 14 


78, . 


. . A. 52, p 12 


C( 


. . A 53 


( t 


. . A. 57, p 25 


59, . 


. . A53 


80, . 


. . A 55 


(t 


. . A 56, p. 12 


81, . 


. . A 52, p 15 


(C 


. . A 54, p. 3 


82, . 


. . A. 48. 



♦These references are exi>laiiieil in tlie following pages, — tiny being the apparent excep- 
tions to a perfect system of pagination. 






112 Introduction. 

The preceding table gives all of the marginal citations which 
are by year-dates, according to the pages of the Code of 1660. 
They are all repeated in the margins of the edition of 1672, with- 
ont correction even of obvious errors, and with a few additional 
blunders. 

Thus, in 1672, there Avere omitted the following citations of 
1660, viz., p. 10, A. .)1, p. 4; p. 12, A. 55; p. 16, A. 52, p. 17, and 
the following errors were added : — 

In 1660, p. 19, A. 57, p. 26; In 1672, p. 3, A. 55, p. 26. 
p. 41, A. 57, p. 23; " " p. 75, A. 52, p. 23. 
p. 47, A. 53, p. 19; " " p. 86, A. 55, p. 19. 
" p. 63, A. 54, p. 5; " " p. 120, 54, p. 4. 
p. 65, A. 58, p. 22; " " p. 123, A. 58, p. 28. 

These citations, however, could not be arranged on any system 
as pages in a single book. Even allowing that titles were altered, 
the contradictions were too many. But by re-arranging these 
eighty-four citations we find that they fall into two consecutive 
sei'ies. 

The acts of 1651 are cited as pp. 1, 2, 3, 4, 5, 6. 

7, 8, 9, 10, 11, 12, 13, 14, 15, 

16, and 17. 
18, 19, 20, and five times un- 
paged. 
1, 2, 3, 4, 5, 6, and 7. 
" 10 and 11, and four times 
unpaged. 
10, 11, 12, 13, 14, and 18. 
21, 22, 23, 24, 25, and 26. 
eleven times, always without a page. 

There ai'c a few discrepancies which I Avill note, and which 
seem to be mainly owing to printers' errors. They are as fol- 
lows : — 

In the first series (1651, 1652, and 1653) ^^•e find on (A.) p. 
1, Anno 52, p. 7, and on p. 73, Anno 51, p. 7, and on p. 34, Anno 
57, p. 7 and 8. Tliis last citation is cleai-jy wrong, as the law was 
the well-knoAvn law against Heresy, passed in 1652. By a douljle 
error, the date at the end of the section is 1651 instead of 1652. 
The law cited on p. 2 was also passed in 1652. Hence, as three 
out of four citations of this p. 7 refer to 1652, I conclude that the 
fourth citation, of 1651 as p. 7, is a clerical error for some other 
l^age, from 1 to 6. 



a 


u 


1652 


ii. 


a 


(( 


1653 


a 


ii 


u 


1654 


u 


u 


u 


1655 


a 


a 


a 


1656 


(f 


u 


a 


1657 


a 


11 


It. 


1(J58 


u 



u 



Introduction. 113 

(B.) On \). 6G we find Anno 52, p. 3, but the act was passed 
in 1G51, and is cited at the end as 1051. Clearly this is a printers'' 
error, and should be Anno 51, p. 3, agreeing with the series. 

(C.) On p. 5(3 Ave find Anno .53, ]). 13, but the law was 
passed in 1052, and is so cited on p. 57. This is also a printers' 
error, and should be 1052, p. 13. 

In other words the serial arrangement is harmonious for 
about forty times, and the three apparent exceptions are explained 
above as obvious errors of the press. 

As to the second series, Ave find that the 3'ear 1051: coA'ers 
pages 1, 2, 3, 4, 5, 0, 7. But we find also (D.) on p. 08, Anno 54, 
p. 24. But the laAv was passed in 1057, and here again the 
printers' error, if corrected, makes the series right, as p. 24 comes 
under the year 1057. 

In 1055 the citations are four times by the year alone; on p. 
60 as Anno 5o, p. 10; on p. 72 as Anno iio, p. 11. 

In 1650 the citations are pp. 10, 11, 12, 13, 14, and 18. Here 
pp. 10 and 11 are assigned to both years, 1055 and 1050. (E.) 
But the citation p. 05 of Anno 50, p. 10, is an error, for the law 
was passed in 1055, and is so noted at the end of the section. 

(F.) The reference on p. 10 to Anno 50, p. 11, is Avrong, as 
the act Avas passed in 1055. It should be Anno ~)o, \). 11. But 
very curiously the reference on p. 72 to Anno ~)~), p. 11, is also 
wrong, as the law about spinning Avas jiassed in 1050. The refer- 
ence must be to Anno 1050, some page between 12 and 18. 

But with the balance of errors, I presume that pages 10 and 
11 both belong to the year 1055. 

In 1057 the citations are, 21, 22, 23, 24, 25, and 20, but Ave 
note one exception. 

(G.) On p. 34 we find Anno 57, pp. 7 and 8. This has 
already been explained (see item A.) as an error for 1052. 

Lastly, Ave find 

(H.) on p. 05, Anno 58, p. 22, but the laAV Avas passed in 
1657, and is so cited at the end of the section. Evidently a 
printers' error, especially as this is the only case Avhere Anno 1658 
is followed by a page-numl:)er. 

AVe may, therefore, say that the second series is also regular 
and continuous. 



Having already identified the "-second printed book " Avith a 
Supplement covering the omissions and hnvs through 1050, I uoav 



114 Introduction. 

consider tlie '' third printed book " to have been a second Supple- 
ment, of some 19 pages, covering the Iuavs of'lGol, 1652, and 1(353, 
printed in accordance with the order of ^Nlay 3, 1654, cited (post, 
p. 116). Then I doubt not in 1657 a third Supplement, or "fourth 
printed book " of some 26 pages, was issued, coveiing the laws of 
1654, 1655, 1656, and 1657, according to the orders cited, (post, 
p. 117). After this the issuing of Supplements was jDrobably 
stopjied while the Revision of 16()0 was in hand. 

In other words, it is almost absolutely certain that the Code of 
1619 was followed by Supplements until the next revision, as Ave 
have proof that the Code of 16()0 and every subsequent revision 
down to the present time has been so supplemented. 

In our Records, (Vol. iv. part 1, pp. 324-327), will be found a 
summary of the laws i-elative to constables, made in 1658. These 
twenty-six sections are each referred to some previous law, and the 
citations are from Lib. 1, pp. 13, 14, 16, 19, 26, 27, 31, 32, 37, 38, 
39, 46, 48, 51 and 5r>; Lib. 2, p. 10; Lib. 3, pp. 2, 3 and 9; Lib. 4, 
p]). 1(), 18, 20 and 26. This may be a mere coincidence, or it may 
confirm our theory that before 1660 there were these four books of 
printed laws: especially as Liber 1 runs to p. 55. I have not been 
able to thoroughly investigate the references, some of Avhich are 
very puzzling. 



The preceding pages complete the citations from the Records 
respecting the Code of 1649 and tlie Supplement of 1650; there 
remains only to copy the entries in regard to the LaAvs between 
1650 and 16()0, Avhen the Code Avas printed, and the latter A'otes 
preceding and folloAving the Revision of 1672. 

May 23, 1650, the following order ^^ Avas passed (Records, iii. 
193) : — 

" "Whereas tliis Comnionwealtli is miicii defective for want of laws for 
maritime ati'airs, and foi'asmncli as tliere are already many good laws made and 
pnhlislicd l>y our own land, and tlie French nation, and otlier Kingdoms and 
conimonwcahhs ; this Court doth therefure order that the saidhiws, printed and 
jiubhslicd In a l)oiik called Zic.r Jlcrcnlorii/, shall he perused and duly consid- 
ered, and such of thcni as are approved hy tliis Court shall be declared and 
puhlislied to be in force witiiin this jurisdiction after sucli time as this Court 
sliall appoint. 

"Tills is from tlie Uouse .Totiriial, ami is more iu detail tliuii the regular joint record iu 
lUcords, iv. i)art 1, p. 10. — W. H. AV. 



Introduction. 115 

"And it is fiirtlier ordered tliat Mr. Bellingli:iin, Mr. Nowell, ]\Ir. 
Willougliby, Capt. Hatlioriie, the Auditor-general [Duncan], and Mr. John 
Allen, shall be a committee to ripen the work, and to make return of that which 
tiiey shall conclude upon, unto the General Court ; and tiie time of their meet- 
ing to be the first third day of the sixth month next." 

June 22, 1650 (Records, iv. pt. 1, p. 23, and iii. 204), the 
following vote v.as passed : *^ — 

" It is ordered by this Court and the antliority thereof, that henceforth the 
Secretary for tiie General Court, shall, witliin two montiis after tiie end of every 
session, send unto the clerk of every siiire court, as also unto the present or 
late deputies of each town, or to the constable where no deputy is, a copy of all 
general orders made in each Court, for which he shall receive of the Treasurer 
for every such copy after the rate of eight ])ence per page, whicii tlie Treasurer 
shall charge upon each town together with their country rate from time to time, 
viz, for the copies sent unto tlie i)articular towns. 

" And it is fartiier ordered by the authority aforesaid, tliat tlie deputies, 
or constable of each town where no deputy is, shall cause the same to be audi- 
bly read, in a public town meeting, warned by the constable of eacli town, 
within ten days after their recei|)t thereof, on penalty of five pounds upon any 
deputy or constable for neglect of their respective duties. 

" And it is farther ordered by the authority aforesaid, that such reading 
thereof in any shire or market town in each sliire. sliall be a sufficient publica- 
tion thereof from time to time ; provided also that the Treasurer shall have a 
copy without payment from time to tune." 

October 23, 1651 (Records, iv. part 1, ]). 69, and iii. 252) : — 

" Whereas, in the year 1G50, there was a committee clioscn to peruse a 
book called Lex ]\f creator in, to extract such laws from thence as might be 
suitable for our use in this conunonwealth, wliich said committee have not yet 
met according as was then concluded : that the said order may be furtiier prose- 
cuted, it is ordered by this Court, that the accomplishing of that work siiall be 
referred to ]\Ir. Nowell and the Auditor-general [Duncan], wlio are lierc.bv 
chosen a committee and desired to peruse the said book, and to c(»llcct from 
thence such laws as tiiey shall judire meet for our use, siccording as that order 
doth direct, and to make return to tlie next General Court." 

*' Uoc'orils, iv. part 1, p. G3, mention that tlie Secretary, for this service of transcribing 
orders ami for other services, is to receive forty pouniis annually. 

August 30, 1053 (Records, iii. 317, and iv. part 1, p. 15:;), it was ordered " that the several 
gross sums of all the incomes, viz. : upon the annual rate upon iniiwsts, vintners, entering of ac- 
tions, fines, forfeitures &c. as also of all expenses, viz. of all Courts, commissioners, gratuities, 
allowances, payments, debts, &c. be exactly by tlie Auditor certified to the General Court annu- 
ally, and expressed in all the copies of the laws sent unto tlie several towns, made in the first 
session of the Court of Election, whereby tlie true state of things in that respect may be obvious 
to all that are concerned therein." — W. H. W. 



116 Introduction. 

October 26, 1652 (Records, iv. part 1, p. 119) : — 

" It is ordered that Richard Bellingham, Esq., and William Hibbens, 
Mr. John Glover and the Secretary [Rawson,] or any three of them, shall be a 
committee to peruse the laws tiiat have passed this Court, and to determine 
wliich of them shall go to the towns." 

June 2, 1653 (Records, iv. part 1, p. 119), voted as follows: — 

" ilr. Bellingham, ^Ir. Glover and ]Mr. Hill are appointed with the 
Secretary [Rawson] to peruse the laws that is passed this Court, comparing 
them with tiie original copies." 

Sept. 10, 1653 (Records, iv. part 1, p. 180) : — 

"It is ordered that the Deputy Governor [Bellingluun], ]\Ir. Hibbens, 
Mr. Glover, and tlie Secretary [Rawson], ^Ir. Hills, or any two of them with 
the Secretary, siiall be a committee to examine the laws that passed this Court. 

" It is ordered that the Secretary sliall take care that tlie old book of records 
shall be fairlv written out, for which he shall have satisfaction by the page, as 
tlie Court allows." 

May 3, 1651 (Records, iv. part 1, p. 182) : — 

" It is ordered by tliis Court, tliat iienceforth the Secretary, shall, within 
ten days after this present sessions and so from time to time, deliver a copy of 
all laws that are pui)lishcd luito the president,^'' or printer, who shall forthwith 
make an iuipression tlicreof, to the number of five, six, or seven hundred, as 
tlie Coiu't shall order : all which copies tiic Treasurer shall take of and pay for 
in wheat or otiicrwise, to content, for the number of five lumdred after the rate 
of one pcnn}- a slieet, or eiglit shillings a hundred for five hundred sheets of a 
sort, for so many sheets as the books shall contain. 

" And the Treasurer shall distribute the books to every magistrate one, to 
every Court one, to the Secretary one, to each town where no magistrate dwells 
one, and the rest among the towns that bear public charge within the jurisdic- 
tion, according to the number of freemen in eacli town. 

" And the order that engagctli the Secretary to transcribe copies for the 
towns and others, is in that respect repeated, tlie Court allowing him ten pounds 
this year only, in respect of wliat benefit hereby is witlidrawn from him." 

"And it is furtlier ordeied, that Mr. Samuel Symonds, ^lajor Dennison, 
and ^Ir. Joseph Hills shall examine, compare, reconcile, and place together, in 
good order, all former laws both printed and written, and make fit titles and 
tables for ready recourse to anv jiarticular contained in them, and to present the 
same unto the next Court of Election, to be considered of, that so order may 



^''This refereiifo, liki- tin- oarKoi- one on p. SO. is to Henry Dunster, President of Harvard 
College, who had an interest in the only press in the colony. 



Introduction. 117 

be tnkcn for tlie printing of tlicm together in one liook, whereby they be more 
useful than now they are or can be." 

May 14, 1654 (Rocords, iv. part 1, p. 195) : — 

"It is ordered, tliat tlie honored Governor [Endicott], the Secretary 
[Rawson], Capt. [Thomas] Clarke, and Mr. [Josepli] Hill, or any three of 
them, shall be a committee to peruse and view the laws passed this session, 
according to former order." 

June 9, 1654 (Records, iv. part 1, p. 196) : — 

" Upon conference with Mr. Dunster and the printer, in reference to the 
imprinting of the Acts of the General Court, whereby we understand some 
inconveniences may accrue to the printer, by printing that law which recites the 
agreement for printing, it is therefore ordered that the said law be not put forth 
in print, but kept amongst the written records of this Court."" 

October 14, 1656 (Records, iv. part 1, p. 281) : — 

" It is ordered that the Deputy Governor [Bellingham], Capt. Clarke, 
Mr. Secretary [Rawson], and Capt. Savage, shall examine the laws of the 
General Court for two years past, and cause such laws as are of public concern- 
ment to be written out, whereby they may forthwith be committed to the press 
and sent to the several Courts." 

May 6, 1657 (Records, iv. part 1, p. 292), the following' vote 
was passed: — 

" Whereas it is found by experience that the passing and enacting of 
divers grants, orders and laws upon the first proposal, hath occasioned many 
inconveniencies which might have been prevented by mature deliberation, and 
that it is the laudable custom of the Parliament of England to pass no bills 
which have not been there read and debated, it is therefore ordered and enacted 
by this Court, that no grant of land, law or order (except transient acts) shall 
henceforth be of force but such as, after reading and mature consideration on 
three several days, shall be approved and consented to by the major part of 
Magistrates and Deputies." 

May 6, 1657 (Records, iv. part 1, p. 299) : — 

"It is ordered by this Court, that all laws of public concernment, not 
yet printed, be forthwith transcribed by the Secretary, and sent to the press to 
be printed at the public charge ; the printer to be paid by the Treasurer." 

"October 18, lGo9 (Records, iv. part 1, p. 391) : " It is ordered by this Court, that the 
Treasurer shall, and hereby is empowered to, disburse out of the Treasury what shall be necessary 
tending towards the printing of the laws unto Samuel Greene, referring to his pains therein or 
otherwise." Perhaps the terms of payment to the printer, in view of these " inconveniences " 
were in this later case kept as a secret of state. — W. H. W. 



118 Introduction. 

May 26, 1658 (Records, iv. part 1, p. 337) : — 

"It ia ordered, that Major General Daniel Dcnison diligently peruse, 
examine and weigh every law and compare them with others of like nature, and 
such as are clear, plain and good, free from any just exception, to stand with- 
out any animadversion, as approved ; such as are repealed or fit to be repealed, 
to be so marked and the reasons given ; such as are obscure, contradictory, or 
seeming so, to be rectified and the emendations prepared ; where there is two or 
more laws about one and the same thing, to prepare a draught of one law that 
may comprehend the same ; to make a plain and easy table ; and to prepare what 
else may present in the perusing of them to be necessary and useful : and make 
return to the next sessions of this Court." 

October 19, lGo8 (Eecords, iv. part 1, p. 3.30) : — 

"It is ordered by this Court and the authority tliereof that the Book of 
Laws, as they have been revised and corrected and put in form by order of this 
Court, together with the alterations and additions here under expressed, shall 
forthwith be printed, and be of force in one month after tiie same ; and that 
there shall be a perfect table made there unto what remains yet to be done, to 
be prejiared for the press by our honored major-general ; and that in the mean- 
time the laws stand in force as now they be." 

Then follow seven amendments to the laws, two being in the 
negative, and the following vote : — 

" It is ordered, that when the present co|)y of the Laws is finished by the 
IVIajor-General [Denison], that they be sent to the Treasurer, who shall take 
care that they be printed as speedily as may be : also, that the preface to the 
old law book, with such alterations as shall be judged meet by the Governor 
[Endecott] and Major Genei-al, be added thereunto, and presented to the 
General Court to be approved of: and ]Mr. Danforth is appointed to oversee 
the impression." 

May 28, 1G59 (Records, iv. part 1, p. 381) : — 

"It is ordered, that the Treasurer dispose of ]Mr. Norton's books now at 
the press, delivering every member of this Court one, and to the several townf 
in proportion to their rates, and twenty or tliirty to Mr Norton, presenting this 
Court's acknowledgment to him for his pains at present ; and giving every 
minister one : the like order about the laws." 

October 18, 1659 (Records, iv. part 1, p. 391) : — 

" It is ordered by this Court, that the Treasurer shall and hereby is im- 
powered to disburse out of the treasury wiiat shall be necessary tending towards 
the printing of the laws, unto Samuel Greene, referring to his pains therein or 
otherwise." 



Introduction, 119 

Although not in strict chronological order, I here insert two 
oi'ders showing the compensation made to the persons employed 
on the Code of IGOO. 

Octoher IG, 1G60 (Records, iv. part 1, p. 441) : — 

" Whereas, at the request of this Court, Mr. Thomas Danforth hath at- 
tended the service of tliis Court, in surveying tiie laws at tlie press, and making 
an index thereto, this Court judgcth meet, as a gratuity for his pains, to grant 
him two hundred and fifty acres of land, to be laid out in any place not legally 
disposed of by this Court." 

Also (Ihid. p. 441) : — 

" Whereas Mr. Edward Rawson was employed by this Court for the 
drawing up of the book of laws before it was performed by Major-General 
Denison, this Court, being willing to acknowledge the labors of such as are 
employed for the public behoof, doth judge meet, as a gratuity for his pains, to 
grant him two hundred and fifty acres of land in any place not yet disposed of 
by this Court." 

May 31, 1660 (Records, iv. part 1, p. 422) : — 

*' For the more equal distribution of the law books, when they shall be 
printed, it is ordered by this Court and the authority thereof, that the printer 
shall deliver tiie said books to tiie country Treasurer as soon as they are past 
the press, who, immediately upon receiving of them, shall deliver or cause to be 
delivered to every magistrate one ; to every deputy of this General Court one ; 
to the Secretary and Clerk of the De|)uties one apiece for themselves ; to the 
Recorder or Clerk of every County Court three apiece to be kept for the use of 
the several Courts : 

" And the remainder of the said books, the Treasurer shall send to every 
county treasurer such a proportion as is due to each county according to what 
charge they bear in the country rates. 

' ' And the county Treasurers are hereby enjoined to send unto every town 
in the respective countries their town's proportion, according to the rule above 
mentioned, and deliver the same to some meet person em[)loyed by each town 
to receive them, engaging to satisfy the Treasurer for them according to his 
disbursements, that so no charge be put upon the country for the same, as Capt. 
Gooking, the Treasurer of the country, and Treasurer of each county shall 
determine, both for price and quality of pay. 

" And that provision be made for the eastern parts, it is ordered, that 
before the division there be fifty books laid apart for their supply, tiiey making 
like payment to the country Treasurer for the same ; and that Portsmouth and 
Dover have twenty books laid aside for them on the same terms. 

" And it is further ordered, that Mr. Thomas Danforth, who was to have 
the oversight of the impression, make an index to the said book with all conven- 
ient speed, that so the work may be no longer delayed." 



120 Introduction. 

October 16, 1660 (Records, iv. part 1, p. 432) : — 

" It bein<T a matter of some concernment to the country rifjlitlv to under- 
Stand wlien tliis last impression of tlie laws are to be in furce and begin to take 
place, this Court doth therefore order and declare, willing and requiring all 
persons concerned to take notice, that the said impression of laws shall be of 
force after the expiration of thirty days from the date of tiiese presents, and that 
in the meantime the old books to stand good and to be attended to as before." 



We have thus completed the record up to the issue of the 
edition of 1660, which has been issued by the City in a fac-simile 
reprint. The evidence thus collected seems to sliow that Xathaniel 
"Ward was the jnincipal compiler of the Body of Liberties ; 
that Bellingham Avas probably the chief inciter of the edition of 
1619 ; that Joseph Hills prepared the Supplement of 1650 ; and 
that Secretary Rawson, Capt. Thomas Clai-k of Boston, and espe- 
cially Major Genei-al Daniel Denison *' wei-e chiefly concerned in 
collecting, condensing, and arranging the code of 1660. 

In the nature of things, no finality is ever to be reached in 
law-making. The code of 1660 Avas immediately subjected to 
amendments and additions, and various yearly supplements Avere 
considered necessary. The copy preserved in the library of the 
Amei-ican Antiquarian Society at Worcester, being the one foi- 
merly owned by Secretary Rawson, contains most of these sup- 
plementar}' sheets, but nine pages Avere supplied from the copy 
in the Law Library of Harvai-d College. In the meantime the 
following extracts from the Records Avill show what steps Avere 
taken by the Legislature : — 

May 22, 1661 (Recoi ds, iv. part 2, p. 1) : — 

" It is ordered and by this Court declared, tliat the order made in ihr 
third month, 1G54, appointing the j)rinting of tiie general orders of Court of 

^' Daniel Denison was born in England, in 1GI2, and came htre with liis father, AA'illiam 
U., in 1031. He setlk'd in Ips^^ich in Kio.j, and was a deputy from that town for several years, 
being Speaker in 1M9, Ifijl, iinil ]i\.y2. He was an Assistant from l(;."i:!, till his death in 1G82, 
and Commissioner of the I'nited Colonies for seven years. He was very prominent in military 
affairs and major-general nuieh of the time from Ifi.'i:? to IfiSO. He was town-c!crk of Ipswich, 
and in 1053 w.is chosen Secretary in tlie absence of Edward Kawson. lie married a daughter of 
Gov. Thomas Dudley, and was essentially one of the ruling caste in the culuny, lie must have 
received a good education in England as liis letters and state papers show. lie left a treatise in 
manuscript entitled, " Irenicon, or Salve for New England's Sore," which was published after 
his death by his ]iastor, Rev. AA'm. Hubhard. A good memoir of him is in the N.E. Historical 
and Genealogical Register for July, 1869. — W. H. W. 



Jntrodiiction . 121 

each session witliin ten days, be again revived, and be in force so far as it refers 
to the annual printing of laws, any law to tlie contrary notwithstanding." 

October 19, 1664 (Records, iv. part 2, p. 136) : — 

" Mr. Thomas Danforth, Capt. Thomas Clark, ~S\y. AVni. Parkcs are ap- 
pointed a committee to join with the Secretary [Kawson], if lie be well, to 
peruse the laws of public c<mcernment, made this year or formerly, not pub- 
lisiied, and to take care that they be speedily printed and sent to the several 
towns of this jurisdiction ; and, in case of the secretary's sickness, to proceed 
without him, and that Mr. Danforth supply his place in all other cases." 

At the May session in 1665 the General Conrt was greatly 
disturbed by the demands of the Roj-al Commissioners, XieolKs, 
Carr, Cartwright, and Maverick, who presented twentj-six changes 
which they desired to have made in the Book of the General Laws 
and Liberties of 1660. Their principal objects were to substitute 
for all expressions of the supremacy of the Commonwealth, an ac- 
knowledgment of the Royal authority; to procure a recognition 
of the Church of England, and to destroy the long-standing 
limitation of citizenship to church-members. 

An examination of the edition of 1672 shows that only one oi' 
two points Avere conceded by the Court, either then or ])rior to that 
issue, and that the recognition of his majesty's supremacy Avas al- 
lowed in one clause whilst the jjower of the local authoiity was 
asserted in a score. The right of strangers to become citizens was 
nominally conceded, but on conditions Avhich afforded the minimum 
of relief to all but church-members. See Code of 1672, p. 56. 

October 11, 1665 (Records, iv. part 2, p. 282) : — 

" This Court doth appoint Mr. Thomas Danforth, the Secretary [Raw- 
eon], and Mr. [Anthony] Stoddard, to survey tiie laws that jiave been made 
this year, of public concernment, and cause them forthwith, with such other not 
yet printed, to be printed."' 

October 19, 1666 (Records, iv. part 2. p. 3.30) : — 

" ]Mr. Thomas Danforth, the Secretary [Kawsoii], and Cai)t. [Francis] 
Norton, are appointed a committee to j)eruse the laws of this year, and deter- 
mine which of them shall bo printed." 

May 31, 1670 (Records, iv. part 2, p. 453) : — 



122 Introduction. 

" Whereas there is a great want of law books for the use of several 
Courts and inhabitants of this jurisdiction at present, and very few of them that 
are extant are complete, containinn: all laws now in force amongst us, it is there- 
fore ordered by this Court, that Major Eliazer Lusher, Cajit. Thomas Clarke, 
Capt. Edward Johnson, Capt. Hoj)estill Foster, Capt. George Corvvin, and 
Capt. Joshua Hubbard, or any four of them whereof Maj. Lusher to be one, 
shall, and hereby are a[)pointed to be a committee to, peruse all our laws now in 
force, to collect and draw up any literal errors, or misplacing of words or sen- 
tences therein, or any liberties infringed, and to make a convenient table for the 
readv finding of all things therein, that so they may be fitted for the press ; and 
the same to present to the next session of this Court, to be further considered of 
and approved by the Court." 

This committee seems to have attended to its duty, for at the 
next session, October 12, 1670, " tlie Court having perused and 
considered of the return of committee to whom the review of the 
laws Avas referred, etc., by the Genei-al Coiu't in May last," pro- 
ceeded to make a number of verbal changes, all of which will be 
found in the Recoi-ds, iv. jiart 2, pp. 467-9. The following vote 
may be noted : — 

" To some queries, whether, if at any time there appear contradictions 
betwixt laws or parts of laws, some being made formerly, some latter, shall the 
late law l)e accounted of force in all parts, and all laws or parts of laws formerly 
made be accounted null wherein thev are contradicted bv anv latter law, though 
thev be not repealed or not, — as instance m troopers fined by a former law 5 
shillings, by a latter 10 shillings — . It is ordered by the Court that the latter 
stand." 

A few days later, the following order, now preserved in Mass. 
Archives, vol. 58, p. 66, was passed by the House. It shows a 
wonderful ignorance of the undoubted fact that the Body of 
Liberties of 1641 had been thoroughly incorporated into the text 
of the printed laws, both in 1649 and 1(560, while it also shows 
that there Avas a popular belief that such a Bill of Rights had 
existed. Probably the Magistrates refused their assent because 
they Avere better informed. It seems clear by the letter from 
Joseph Hills, dated May 24, 1682, hereinafter printed by me. that 
the Book of Liberties existed in a separate manuscript about 
1648: — 

"There being a new Impression of tlie Lawes shortly to be made, & 
that there was longe since a booke of libertyes agreed upon & confirmed as 
the undoubted right of tlie freemen of this Jurisdiction, the Deputies conceive 
It Necessary & have therefore Voted, that the s"* booke of liberties be printed 



Introduction. 123 

together with the new Impression of Lawes but distinct & apart & to be set in 
the front of the s'' booke & tliat no hiw which shall hereafter be made shall 
interfere with or any way infringe or Contradict any of the s'' liberties upon 
any pretence whatsoever. The Deputies have past tiiis desiringe the consent of 
o' Hono"' nigis'^ hereto. 27 (8) 1(570. 

William Torket, Cleric. 
The Magis"* consent not hereto. 

Edwakd Kawson, " Secret." 

May 31, 1671 (Records, iv. part 2, p. 488) : — 

" Mr. Richard Russell, Mr. Thomas Danforth, and !Mr. William 
Stoughton, or any two of them, are appointed with Capt. Thomas Clarke and 
Capt. [William] Davis, to be a committee, and are empowered to cause the 
book of laws to be printed, and an exact table to be made thereto with a mar- 
ginal note of the word ' Repealed ' unto all laws that stand repealed ; and the 
Treasurer is rerpiired to pay for the impression and dispose of the books, as to 
him shall seem expedient for the public good and advantage." 

May 15, 1672 (Records, iv. part 2, p. 514) : — 

"It is ordered that the former committee, with the Secretary, formerly 
appointed to send out the laws to the press, be hereby ordered to peruse the 
laws now this Court made, and to make a preface and table and what else is 
requisite, and send all out to be printed presently." 

May 15, 1672, the following order was passed which has a 
certain connection with the preservation of the laws. (Records, 
iv. part 2, p. 515) : — 

" The Court, in order to the further prosecution thereof, doe order, that 
Major William Hathorne and Major Eliazer Lusher make diligent enquir}' in 
the several parts of this jurisdiction concerning any thing of moment that have 
past, and in particular of what hath been collected by Mr. John Winthrop, 
Sen% Mr. Thomas Dudley, Mr. John Wilson, Sen% Capt. Edward Johnson, 
or any other; that so, matter being prepared, some meet person may be ap- 
pointed by this Court to put the same into form, that so, after perusal of the 
sarue, it may be put to press." 

At the same date, an important order about printing was 
passed. (Records, iv. part 2, p. 527) : — 

"In answer to the petition of John Usher, the Court judgeth it meet to 
order, and be it by this Court ordered and enacted, that no printer shall ])rint 
any more copies than are agreed and paid for by the owner of the said copy or 



124 Introduction. 

copies ; nor shall he or any other, reprint or make sale of any of the same, 
without the said owner's consent, upon the forfeiture and ]>enalty of treble 
tiie whole charges of printing and paper &c. of tiie whole quantity paid for hy 
the owner of the copy, to the said owner or his assigns." 

These extracts bring the matter up to the issue of the edition 
of 1672, ah'eady reprinted in facsimile by the city of Boston. To 
complete the record I transcribe all the later references to be found 
in the Records, up to the overthrow of the First Charter in 1686, 
and the beginning of the Inter-Charter period under Andros. 

May 7, 1673 (Records, iv. part 2, p. 559) : — 

" ^Ir. John Usher having been at the sole charge of the impression of the 
book of laws, and presented the Governor, magistrates, secretary, as also every 
deputy, [awe/] the clerk of the deputies one, and Capt. Davis one, the Court 
judgetli it meet to order, that for at least tiiis seven years, unless he !?liall have 
sold them all before tiiat time, there shall be no otlier or Au'ther impression made 
by any person thereof, in tliis jurisdiction, under the penalty this Court shall see 
cause to lay on any that shall adventure in that kind, beside making full satis- 
faction to the said Mr. John I'sher or his assigns, for his charge and damage 
therein. Voted by the whole Court met together." 

October 15, 1673 (Records, iv. part 2, p. 562) : — 

" It is ordered by this Court and the authority thereof, that all laws and 
orders of this Court which are thought fit to be published at the end of every 
sessions, shall be forthwith sent to the press and also read in the market-place 
at lioston upon the fittli da}-, being a lecture day, witliin tea days after tlio end 
of such sessions, which being performed, is and siiall be accounted sufficient pub- 
lication ; and further, tiiat printed copies sliall be disposed at the discretion of 
the Treasurer, and care taken for the same by the secretary and marshal-general, 
as the law directs, folio 231." 

October 21, 1674 (Records, v. p. 27) : — 

'•It is ordered, that ^Major Thomas Clarke and ^Ir. Humphrey Davy, 
with the secretary [Kawson], be a committee to peruse the acts of this Court, 
and determine what they judge meet to be printed." 

May 28, 1679 (Records, v. p. 223) : — 

" It having pleased the only wise God to remove by death our late hon- 
ored Governor [LeverettJ. wlio, as we are informed, was at considerable 
charge for procuring a new seal, which is used with a screw, much more con- 
venient than the hand seal, it is therefore ordered by this Court, that the 



Introduction, 125 

Treasurer of the country do treat with and purchase of the executrix of said 
late Governor, tiie said seal and screw, and deliver the same to our present 
honored CJovernor, [Uradstrcct] and also receive of the said executrix the old 
seal, together witii a duplicate of our patent lying now in iier hand, which 
seal, du])licate and screw henceforward sliall remain in tiie Governor's hand for 
the time being, for tlie use of the country." 

It h.is bo(Mi already shown, by the Reprint of the Revision 
of 1G72, that the Secretary continued to issue consecutive pages 
annually of a supplement. After the lapse of some six years, 
however, the ever-attractive subject of a new codification was 
again mooted. October 15, 1G79 (Records, v. 244), the following 
vote was passed: — 

" Upon perusal of the result of the late Synod, wherein they seem to inti- 
mate, at least, as if there were some doubt concerning some of our laws, whether 
they were sufficiently warranted by tiie word of God, and other laws not so well 
worded as may be effectual to the end intended, or honorable to this Court ; as 
also some may be wanting to the ends therein contained ; it is tlierefore ordered, 
that the honored Thomas Danforth, esq., Deputy Governor, Joseph Dudley, 
esq., Capt. John Richards, Mr. Anthony Stoddard, and Capt. Daniel Fisher, 
be a committee to consider our laws already made, that may need emendation 
or may not so clearly be warranted from the word of God, and to draw up such 
laws and orders as, being presented by them at the next Court of Election, may 
then be consideied, and upon mature deliberation be confirmed : whicli tliis 
present Court cannot have time to do."' 

May 19, 1680 (Records, v. 2G8), it was voted as follows: — 

" On a motion made to this Court, for the reprinting of the laws, etc., the 
Court approves of the motion, and do order that William Stoughton, esq., 
Joseph Dudley, esq., Peter Bulkeley, esq., or any two of them, with Capt. 
Daniel Fisher, Mr. Anthony Stoddard, Capt. John \\'aite, Lieut. William 
Johnson and Capt. Elisha Hutchinson, or any three of them, be a committee to 
consider our laws already made, and tiiat need emendation, and what else is 
necessary referring thereunto, together with his Majesty's letter, now under con- 
sideration, as it relates to this matter." 

October 13, 1080 (Records, v. p. 291) : — 

" This Court having in May last appointed a committee for the revisal of 
our laws, and nothing of that nature being yet done, it is ordered by tliis Court, 
that the Committee formerly appointed for that work do eirectually apply tiiem- 
selves to the same, and make return of what they do therein to the next Court 
of Election, and that the charges of this work be defrayed by the country 
Treasurer." 



12() J)i/)-o(lucfioti . 

Under the same date (Records, v. p. 30] ) : — 

" riiiiii|ilii(>y Davy, esq., Jolm Richards. cs(i., Capt. Klisha Hiitcliinson 
aii]i()inte(l, witli Kdward liavvson. Secretary, a committee to peruse the acts of 
this Court and tiie Laws, and determine what to .send out to tiie press." 

January 4, lGSO-81 (Keeords, v. :;(«): — 

" Whereas, notwithstanding what liath ah-eady passed this Court, concern- 
ing the revisal and auii'iidnieut of our laws, respecting sucii things as are ohjectod 
aoninst tlieni from Eiialand. <tc. vet iiothinir is eticcted, the effectual nroceod- 
ings therein Ijeing no small part of the work of this Court respecting our agents 
to I'.c sent to England, it is therefore ordered, that tlie remaining part of tiiat 
committee, viz. Joseph Dudley and I'eter Bulkley, esquires, Mr. Stoddard and 
Capt. Hutchins()n, together witli John Ivichards, es(|. Mr. Joseph Cooke and 
Mr. Joseph Lynde, tiic senior magistrate a|)pointing time and place, as a com- 
mittee a|)ply themselves to tliat work, and make return to tiie next adjournment 
of tliis session, any former order notwithstanding."' 

October 18, 1(581 ( Record.-s, v. p. iVSl): — 

•• Th'.' Court Mgrc'c to prorced ti> tlie consideration of wliat is nccessarv to 
he done touching such laws as are olijectcd against, and otiiers of like nature, 
and to do theiein wiiat siiall be incumbent on them and must conducible to 
their peace and safety." 

At this tune a serious attempt was made to conciliate the king, 
by making alterations in tlic more objectionable hivvs of the colony. 
In May, 1(381 (Records, v. o21-2), the Legislature amended some 
laws. At a session held February 16, 1681-2, the court passed a 
long and humble address to the kmg, and ordered that the Acts of 
Trade and Xavigation should be published and observed. They 
estalilished naval olHcers for Boston and Salem, and passed the 
following votes, March 17, 1681-2 (Records, v. 339): — 

" It is ordered l)y tiiis Court and tlic authority tliereof, that tlic 12th section 
of the capital laws, title Cotispiracij, Jiebcl/ioii, and the l>!th section of said 
laws, title Jlilu'llioxx Sou, be and are hereby repealed : also the law referring 
to Christn>a><, page 57, .J8. and the word Com mnii weal f /i , where it imports 
jnrisdictioi), is hereby repealed, and the word Jitri-^di'ction is hereby inserted." 

"If any man conspire and attempt any invasion, insurrection or public 
rebellion against the King's majesty his government here established, or shall 
endeavor to sur])rise any town or towns, fort or forts therein, or shall treacher- 
ously and perfidiously attemiit the alteration and subversion of our frame of 
polity or government fundamentally, he shall lie put to death." 



Introduction. 127 

The following ])C'titioii from Jost'i)h Hills (Mass. Archives, 
Vol. 100, p. 28:2), contains some information not given in his earlier 
one (printed rt»it% ]). 79). It was first ]niblislied bv Dr. George H. 
Moore, in the Historical Magazine for Febrnary, 18()8, p. Si : — 

" To the IIon''ed General! Court liokkii at ]>oston 24 May, l(i.S2. 

" The petition of Joseph Hills, hnnibly sliewing, How it iiatli pleased the 
righteous (iod to lay upon y"" petitioner, a smart liand of visitation in tlie hiter 
part of Iiis pilgrimage, totally hereax ing him of the sight of his eyes, for more 
than 4 yeares now past, (besides sundry ycares dimnesse before) l>y nieanes 
whereof he hath been utterly uiicapable of getting or saving anytliing towards 
his necessary subsistence, being now also more tlian 80 yeares of age bi^sides 
other infirmities of body, which long lia\e and are like to accompany iiiui to 
his grave. 

" Your petitioner hath not been backward to bis ability to be scrvicable 
with ills person & estate to the eoiuon wealtii : foi- besides otiier ordinary 
services, it pleased y"" court to make him one of tlic county coiTiitty to draw u|) 
some orders necessary for y'' country in wliicli sci-vice I went over all y'' Statutes 
in Pulton at large, collected such as 1 deemed just & necessnrv, drew them up 
in a suiall book in folio, and transmitted l!iem aceordi:ig to oider to tlie grand 
conimitty at boston, (viz) Mr. AA'inthrop, j\Ir. ^^'ard & oliiers, after this it 
pleased the court to appoint a cofuitty to draw up a body of lawes for the Colony, 
(viz) Mr. Winthrop & sundry others whereof your jictitioner was one, to examine 
all v*" Court records, from y'' first to that time, which for avoyding of far greater 
charge, it being the Avorke but of one, fell to my lott to be aiti\e in, in \\bifh I 
went over y'^ 2 old bookes of recordcs, y'' book of libertyes, i^c y" greate l)ooke 
tiien & since in y' handes of Mr. liawson, which lawcs I lirougiit together under 
theyr proj»er heades cop[)y-wise, with exact markes of y'' several! emendations 
one way or other made therein, which (after examination & approbation of y"" 
Court) I was ordered to prepare for tlie prcsse, whi<'h I did, putting them to- 
gether under tlieyr ])roper heads witli y' dates of y' sund\-y lawes in the foot 
thereof, in tlie year 1G4.S, in an alphabetical order, w itli an apt table tor y' more 
ready recourse to each kiw : 

" for which last service it pleased tbc coin-t to make me some allowance, 
which was to my satisfaction, though short of the elaliorate cai'e, ])aines and 
time spent therein, tiiese tbinges I slioidd not have touched upon, but that 
there are few of y'' Court as now constituted, that had y' opportimity to liave y' 
cognizance thereof. 

"The premises considered, mv ]i(tition is that I maybe freed from all 
publick assessments, to y' country, conntv (and secidar things for y'' towne if it 
may be), for my iufirme person and little estate now hit, during the remaining 
part of my jjilgrimage in this vale of teares. 

" So with my dayly prayers to god, oidv wise Just & mercifidl, to guide 
vou in all your momentous concernments, I crave leave to subscribe my selfe 

Your verv humf)le servant 

JnsEPU Htt.t.s." 



128 Tiiiroducliu/i. 

"In answer to this petition, the Maji'. judge meet that tlie petitioner bee 
freed from Country and County rates during liis life, tlieir B". the Doputyes 
liereto consenting. 

P. BuLKELEY, p. order. 

June 1, 82 

" Consented to hy the Deputy' 

William Torrey, Cleric." 

Tlie order as it stands under date of October 11, 1682, is as 
follows (Kecords, v. }). 377) : — 

" In answer to the petition of Mr. Joseph Hills, bereaved of his sight for 
several years ttc, the Court judgeth it meet to order that the petitioner be freed 
from country and county rates during his life." 

October 11, 1G82 (Records, v. p. .378) : — 

" ^A horcas it hath been thought necessary and a duty incumbent on us, to 
take due notice of all occurrences and passages of God's providence towards 
the people of this jurisdiction since there tir»t arri\al in these parts, which may 
remain to posterity, at that the Reverend Mr. William Hubbard hatli taken 
pains to compile a history of tiiis nr.ture, -which the Court doth with thankful- 
ness acknowledge ; and as a manifestation thereof, do hereby order the Treasurer 
to pay imto him the sum of fifty pounds in money, he transcribing it fairly into 
a book, that it may be the more easily perused, in order to the satisfaction of 
this Court." 

October 24, 1684 (Eeeords, v. p. 464) : — 

" It is ordered that Elisha Cook, Esq., Mr. Saffyn, and Mr. Fair- 
weather with the Secretary, be a committee to peruse and fit the laws for the 
press, and to peruse the Address and the ('ourt's letter to Mr. Humphreys." 

(jNIass. Archives, Vol. 47, Xo. GG.) '* This Court considering that there 
is arreat need for to reprint the Laws in which there is a necessitv for the Emen- 
dation of severall things : Do tiicrcfore think it meet that a Committee be 
chosen out of both Houses to consider of some expedient for the casing of what 
may be or hath been gravaminous for many yeares, and to make a report 
thereof to this Court upon Tuesday next att Eight o clock in tiie morning ; and 
the Court to be adjourned in the meane wiiile. 

Voted by the Deputys the Honored ilagistrates Consenting. 

John Saffix per Order. 
Not consented to 

Edward Kawson Secret." 
8 May, S.-). 



Introduclion. 1 29 

May 6, 1685 (Records, v. 473) : — 

"It is ordered, tliat John Richards, Samuel Novvell and EHsha Cooke, 
Esquires, with Mr. Oliver Purciiasc, Mr. John Saffin, Capt. John Smitli, Capt. 
Richard Sprairue, and ^Ir. Henry Bartholomew, shall and hereby are ap|)ointed 
a committee to revise the laws, and especially such as have heen made since the 
last committee had the perusal and revisal of the body of them, and to make a 
return to the next Court of Election."*^ 

May 27, 1685 (Records, v. p. 476) : — 

"It is ordered that the committee appointed at the last sessions of Gen- 
eral Court, so called upon to make their report to the Court of their revising 
the laws, especiall}' those more lately made, in order to their consideration at 
this Court, and that the work of revising the whole book of laws, passing, \jie- 
rusing?^ and preparing them for the press, be forthwith attended and set about." 

" In obedience to the order of the honored General Court, dated 6th 
instant, empowering us a committee to revise the laws, especially those lately 
made, etc., — we accordingly have met and perused the said laws, and trans- 
ferred them to their proper heads in the former transcript, where they will be 
found, sometimes wholly in their own words, sometimes in such necessary parts 
as were intended for alteration or explanation ; wiiich are either printed in said 
transcript in sheets, printed or written as there was occasion ; to which we 
refer, reserving only the liberty of inserting the prefaces where reason may 
require. 

John Richards, Samuel Xowell, 
Elisha Cooke, John Saffyn, Richakd Spkague." 

Same date (Records, v. p. 479) : — 

" The Court went on, day by day, to revise and peruse the transcript of 
the laws." 

" For greater expedition in the present revisal of the laws, this Court 
doth order that they shall be sent to the press sheet by sheet ; and that the 
Treasurer make payment to the printer for the same, paper and work, June 
10th, 1685 : and that Elisha Cook and Samuel Sewall, Esquires, be desired to 
oversee the press about that work."^* 



" Sewall notes in his Diary (i. 71) that the committee was chosen "at the earnest suit of 
the deputies, which would have had them make a report uf next Tuesday, but agreed to be next 
Election Court." As the Court met on Wednesday, May Gth, and dissolved on May 8tli, the order 
to report even on Election Day, May 27th, did not afford much time. The report, however, 
according to the record, was called for as soon as the deputies )iad orsjanized. — W. H. W. 

^''This entry is duplicated exactly under date of June 4, 10S5 (^Records, v. p. 484). — 
W. H. W. 



];;il Iiitrodnclloti. 

It is somewhat sui'prising to find the foregoing references to 
a new revision of the Laws as being contemjilated bv the Leijisla- 
tui-e in IGSl and again in 1(;S3, sinee there can be no doubt that 
the selienie utterl}^ failed. Tlie rehitions of the Colony to the Eng- 
lish (Government may, however, explain the mvsteiy. The enemies 
of the Colony, esju'cially liandolph, Avere exceedingly busy in their 
attacks upon the Charter. December 17, IGSl, Ivandol]jh arrived 
Avith a letter from King Charles II., dated October 21, IGSl, con- 
cluding as follows: " In default whereof, we are fully resolved in 
Trinity Term next ensuing, to direct our Attornej'-General to 
bring a qttn u-iirridito in our Coui-t of King's Bench, whereby 
our Charter granted nnto you, with all the powers thereof, may be 
legally evicted and made void."' (Palfrey, iii. 351.) 

The General Court prom])tly assembled, altered some laws, 
prepared an address to the king, and notified him that the Colony 
had already sent Joseph Dudley and John Kiehards as agents to 
him. These agents arrived in London, August 20, 1G82, but, 
hampered as they Avere by secivt instructions, they wei-e iniable 
to accomplish anything. Randolph hastened home during the 
Aviutcr, and June 27, 1GS3, the writ of quo ivarrcatto Avas issued. 
He arrived in Boston Avitli a copy of the Avrit, October 23, 1G83, 
having been preceded by the agents by three days. The Legisla- 
tui-e was convened on November 7, 1G83, and the documents were 
presented to them. (Records, v. 421.) Their only action Avas to 
empower ISIr. Rol)ert Humphrey's, of London, a barrister, to appear 
for them before the court. 

Early in 1G84, however, the Crown lawyers changed their 
plans and abandoned the quo warranto. Instead of this a ticire 
facias against the Governor and Company of ]\Iassachusetts Bay 
was issued fi-om the Court of Chancery, A]m11 1G, directed to the 
Sherilf of ]\Iiddlesex, Avho made his return that he could not find 
the defendants, or anything jjelonging to them, Avithin his baili- 
wick. May 12, a second writ Avas issued and the same return 
made. June 2J, the Lord Keeper (Xorth, Lord Guilfoi-d) made 
a deciee Aacating the Charter, suspending it, however, till the au- 
tumn tei'm, to give time to the defendants to plead to issue. 

Of coui-se the Legislatui'e of Massachusetts could not do this 
within the lime, even had it been so inclined; and on October 23, 
1G81, the final judgment Avas entered, despite the motion for a stay 
of pi'oceedings made by Mr. Humphreys. Palfrey (iii. 392-^)) 
gives these facts and discusses the probable reasons Avhy the 
Crown took this particular mode of cancelling the Charter. 



In irodnction . \;\\ 

Soon after this jiulgment, Charles II. died, and James II. 
succeeded to the throne, Febi-uary 6, 1GS5. From the time that 
the news of both events reached l>oston, the colonial government 
was of necessity known to be only provisional. Bradstreet and 
Danforth Avere chosen as Governor and Deput3'-Governor, but the 
General Court transacted little important business. ^Nlay li, 1G8G, 
Kandolph ari-ived Avith an exemplification of the judgment and 
commissions for a new government. There were to be a President, 
Deputy-President, and sixteen Councillors, and their authority 
extended over IMassachusetts, New Hampshire, Maine, and the 
King's Province. Joseph Dudley was made President and William 
Stoughton, Deput}-. On May 2(\ 1686, the General Court dis- 
solved. 

Finally, on December 20, 1686, Sir Edmund Andros arrived at 
Boston Avith a commission to govern all NeAV England, and the 
Colonial period of Massachusetts was at an end. 

In A'icAV of the political troubles in 1685, as hereinbefore 
recited, it seems impossible that any progress can haA^e been made 
in printing a revisal of the whole code of laAvs. Sanniel ScAval! 
was one of the committee appointed in May, ]6So, to OA^ersee the 
printing; but his Diary says nothing about any work done. Pie 
makes certain entries, howcAcr, Avhich may throw light on the 
abandonment of the scheme. Thus he Avrites, June 20, 168."), 
(Diary i., 8.3) that the Court adjom-ned till July 7, on a dispute 
betAveen the branches as to the proviso to the title " Courts"', sec- 
tion 2, of the Laws of 1672. Later on, he records very decided 
disputes betAveen the branches as to AA'hat course should be piu-sued, 
now that the Charter Avas cancelled, in case Col. Kirke or any one 
else should arrive with a commission to be Governoi'. 

Although the formal record of the Legislature as printed 
gives no light upon the matter of a new edition of the Laws in 
1685, the Archives fortunately contain cei'tain Azotes which failed 
betAveen the branches and Avhich fulW explain it. They are pre- 
served in Volume 47, title Laws. 

As Ave have seen, the out-going Legislature on May 16 
appointed a committee to revise the laws, and the new Legislature 
meeting May 17 promptly called for and received a report. 

The following A'ote does not appear on the record, although 
it is of much interest as showing Avhat Avas contemplated: — 



132 Introduction. 

(Mass. Archives, Vol. 47, No. 73.) "The Magistrates have voted that 
there be eight hundred copies of the Lawes printed for the Countrv's use (and 
that no more be printed under the penalty of 5* for each book) the said eight 
hundred to be delivered to the Treasurer. The Magistrates have past this, their 
brethren the deputys liereto consenting. 

13 June 168.5 Edward Rawson Secret. 

Consented unto by the Deputys 

Jxo. Saffin per Order." 

Tlie temper of the branches was eviclently very irritable. 
The next two votes failed to meet their joint approval, though the 
matter of the Preface was only the pretext, as will appear later. 

(Mass. Archives, A'ol. 47, No. 75.) "The Deputyes Consent that a 
suitable preface be drawn up and agreed upon to be Printed together with the 
lawes when the whole body of thcui are fully Kcviscd and Considered of, and 
such as this Court doe not see meet to Repeale be transcribed and fitted for 
the press, as is understood to be the Intent and Agreement of tiiis Court. 
Voted by the Dejiutys the honoi'cd ^Magistrates Consenting 

June 18, 1()8.') Jxo. Saffin per Order 

not consented to by the Magistrates 

Edwap.d Rawsox, Secret." 

(^lass. Archives, Vol. 47, No. 7(5.) " The ^Magistrates consent not 
hereto, and do therefore desire that a suteable preface may be drawn up for the 
printing of those wlierein wee have agreed, and that all further agitation concern- 
ing those wherein wee can' agree be fbrborn at present. 

Tlie ^lagistrates have past this, their brethren the deputys thereto con- 
senting. 

L^^tli of June, KJSS Edward Rawsox Secret. 

Tiie Deputys Consent not 

18 June 1685 Jxo. Saffix, per Order" 

(ilass. Archives, Vol. 47, No. 77.) " The Deputys Consent not to the 
repealing of the proviso in the Latter end of the second section of the Law title 
Courts, nor anv part of that section unless our honnourcd Magistrates please to 
Consent with them in passing of this bill annexed, and then the said Proviso 
to bee repealed. 

The Deputys have past tliis, our honnoured Magistrats hecrto consenting. 

June the IPth, 168.3 Richard Sprague per Order 

8 July 1685 not consented to by the Magistrates 

Edw". Rawsox, Secret." 



Jill riidinlloii. 1.'53 

Si'wall, who was (k'cply interested and in a position to know, 
records as Ibllowy, in his Diai-y, i. 83: — 

•' Siittcrday, June 20tli, lO.S").^' Tlie Court not agreeing about tlie Pro- 
viso in the end of the 2'' Seetion of the I^aw, title 'Courts,' adjourns till Tues- 
day, duly 7tii, cxce])t Oeeasions be, and then the Guvernour is to eall them 
sooner. The final dift'ereneo l)etvvcen the Magistrates .-ind I)e|)utics is : The 
Go\ crnour and se\ eral with him woidd licDeal the Proviso, letting the rest of 



" Tliis matter of the Proviso to tlie I«-im' about Courts had long been in dispute between 
the branelies. I liave already {ante, p. S!), foot-note 44) mentioned it, but a fuller aceount may 
be lueileil. The papers preserved in A'ol. 48 of Mass. Arcliives show what was done in 11)72. 
AVithout going into small details of errors and corrections in old laws, it seems that in lG.'i2 (Kec. 
iv. part 1, p. 82) it w;is decided that when the branches differed in any case of judicature, 
whether c'ivil or criminal, such case sliould be deterniineil by tlie major part of the wliole court. 
This was reenacted as a proviso in the code of Kidi). the verbal change bein^', " sliall be deter- 
mined by the major vote of tlie whole Court nut togetlur." 

This citation, together with the matters therein referred to, shows that ill the Jirst printed 
Book of Laws (e. e. Code of 1G49), the law of 1044 was placed. Tlie marginal note to this 
pajier (cited ante, p. 110) shows Ihat the law was on p. i:'. of that eilitioii ; that the laws of 11148 
and l(i4'J were in the second printed book, folio S : and the law of 1IJ.J2 was in the third printed 
book, fol. 11. 

The vote in lfi52 (Records, iv. part 1, p. 82) reads thus : " Wliereas tliere is a manifest 
and inconvenient mistake in tlie penning of the order, title General Court, jiagc the 8"' of the last 
printed book, tliat leaves all or most of the cases fornierlv issued in the General Court doubtful 
and uncertain, and takes away the negative vole, both of Magistrates and Deputies, in making 
laws, as well as in cases of judicature, wliieh was not intended, mucli less consented to, it is 
therefore ordered, that for time to come, if there fall out any difference betwixt the Magistrates 
and tlie Deputies, in any case of jiirlicature, either civil or eriminul, it shall be determined by the 
major part of tlie whole Court, and the forementioned law is hereby rejiealed." 

It seems clear that in tlie second printed book, which was the tirst Supplement to tlie Code 
of 1649, some error had happened in transcribing the laws of 1048, 1049, on this toi>ic. I fiml 
nothing relative thereto in the laws of 1048, unless it he the order about the records, already 
printed, (ante, p. 78); but in 1049, the following law was passed; October 17. 1049, (IJ.conls, 
li. p. 28.5). '• It is ordered, that in cases wherein there hath been difference, the next General 
Court should hear the case together ami determine the case by the major vote." 

We must also note the following curious entry under date of October 18, 1050 (Hecords, iv. 
part 1, p. 35). 

" It is ordered, that the interpretation of the law 283. concerning tlie greater part of the 
Magistrates and the greater part of the Deputies, are to he understood of the greatest number of 
those that are present and vote." 

The reference to law 283 takes us back to the order so numbered in the margin, wliich is 
dated March 3, 1035-0 (Records, i. p. 109-170), which reads " And whereas it nun- 
fall out that in some of the General Courts, to be liolden by the magistrates and deputies, there 
may arise some difference of judgment in doubtful eases, it is tlierefore ordered, that no law, 
order or sentence shall pass as an act of tlie Court, without the consent of the greater part of the 
magistrates on tlie one part and the greatiT iiniiil]er of the ihimiies on the otlier part; and for 
want of such accord, the cause or order shall be suspended, ami if either iiarty think it so ma- 
terial, there shall be forthwith a committee cliosen, the one half by the magistrates, ami the other 
half by the deputies, and the committee so chosen to elect au umpire, who together shall have 
power to hear and determine the cause in question." 

This citation by the Magistrates of the law of 1044, wliicli was in the fist printed Book uf 
the Laws Qi. e. Code of 1049) seems to refer to the vote of March 7, 1043-4 (Records, ii. 58) 
which is as follows : — 

" Forasmuch, as, after long experienn-. ve find diver.s ineonvenienees in tjie manner of 
probeeding in Courts by magistrates and deputies sitting togetl-.er and accounting it wisdom to 



134 Introduction. 

the Law stand as it does ; the Deputies have voted the Repeal of the Proviso, 
and witliali that the Remainder of the Law have tiiis ahenition, viz. : instead 
of 'greater part of tiie Magistrates' — 'greater nuini)er of the Magistrates 
present ' — : so to make the law new, as it might be construed contrary to the 
Charter. The Governour, Mr. Stoughton, Dudley, and se\eral others would 
not consent." 

The Legislature met on July 7 and adjourned on the 10th. 
It met again July 21 and adjoui-ned on the 21:th; having received 

follow the liuiilalilo practice of other states who have lai.l groumlworks for government and 
onler in the issuing of business of greatest and highest consequence, — 

" It is therefore orclcrcd, first, that the magistrates may sit and act business by tliemselves, 
by drawing up bills and orders, which they shall sec good in their wisdom, which having agreed 
upon, they may present them to the deputies to be con^ide^ed of, how good and wholesome such 
orders are for the country, and accordingly to give their assent or dissent; the deputies in like 
manner sitting ajiart tiy tliemselves and consulting about such orders and laws as they in their 
experience shall find meet for common good, which agreed upon by them, they may present to 
the magistrates, who, according to their wisdom, having seriously considered of them, may con- 
sent unto them or disallow them ; and when any orders have passed the approbation of both mag- 
istrates and deputies, then such orders to be engrossed, and in the last day of the Court to be 
read deliberately, and full assent to be given : provided also, that all matters of judicature which 
this Court shall take cognizance of, shall be issued in like manner." 

It seems inexplicable that in l(i."iO the Legislature should be amending a law of ICio, when 
a totally ditTorent law had been passed in Ifii-t, put into the Code of 1040, and clearly established. 
All that later purtimi of the law of lOIVT, which provides in case of a disagreement, for coni- 
inittees and an umiiire, must have been superseded, if indeed it ever was in force. 1'alfrev, (i. 
(;iT-ll'J2) treats at large of this vote of 1C44, which provided for the first time that the two houses 
should sit separately. The contest beginning in KiliG with Mrs. Sherman's pig, had at last in- 
volved the whole frame of government, and especially what was called the negative vote of the 
magistrates. The outcome as Palfrey sajs was that " the negative vote was not taken away but 
duplicated ; " each branch had a negative upon the acts of the other. 

Yet he does not seem to explain this vote of 1(150, though he cites the vote of 1052. A 
careful perusal of § 2, title Coiiris, Code of IGfiO, seems to make it clear that the Code fairly 
expresses the intent of the laws of 11144, 1(149 and 1C52. 

The marginal citation in 10(10 are Liber 1, pp. IG and 30, and Anno 52, p. 11. We may 
surmise therefore that Liber 1, (the code of 1040) contained the law of 1044. The Supplement 
undertook to quote the law of 104!l ; and if it repeated faithfully the words of that act that " in 
cases where there hath been difference, the next General Court should hear the case together," 
• — it would indeed as said in 1052 " take away the negative vote both of magistrates ami deputies, 
111 making /airs as well as in cases of judicature" — since the words " cases where there hath 
been difference " would apply to all joint legislative acts as well as to appeals. Hence in 1052, 
the act of 1049 is amended by the jirovision that differences in regard to cases of judicature on/y, 
were to be settled in joint convention. 

The law of 10(iO represents the practice therefore from 1052, and in 1072 the same section 
and proviso were re-enacted. 

But this method of forcing an agreement was very disagreeable to the magistrates who 
fought against it in 1072 and 107:1, reluctantly yielding tlie ]ioiut at last, though their i)Owers 
were thereby greatly curtailed. From the niiincruus messages between the branches at that time 
I make the following citation from one drawn by the Magistrates, as it seems to state their views 
most thoroughly. It is in Vol. 4.s, No. 114: — 

"The present question — which is noi concerning the power and authority of the General 
Court, consisting of Magistrates and Deputies, or whether that Court hath not the ultimate 
letermination of all cases and causes pro)ier to their cognizance But whether the freemen or 
their delegates (which we acknowledge) may by their greater number over-rule the conclusion 



Introduction. 135 

the advice of the oklei's of the several towns, as requested by vote 
(Records, v. p. -492). Sewall says that thirty-one ministers met at 
Boston and their opinion was that " the Government ought not to 
give Avay to another till the Generall Court had seen and judged 
of the Commission: so should be called if not sitting at the Arrival 
of a Commissioned Governor." Tlie Court re-assembled August 
12 and adjourned the same day to September 16, when it was 
ordered that the session be ended and a second session be called 
for October 14:. After a short session it adjourned October 22 
(Sewall, i. 101) to November 17, sat one day then, and adjourned 
to February 10, 1G85-6. Sewall adds that in case orders came 
from England the Secretary or the Treasurer was " to send forth- 
with to the Members of the Court, and to such others as Freemen 
may chuse, to convene two days after the Date of such Significa- 
tion, to which time the Court is adjourned in such case." 

and finally determine any and every case without the consent and against the judgment of any of 
the magistrates, or wliether tlie consent of some of the magistrates with tlie deputies ho not abso- 
lutely necessary to make any valid act in the General Court. The magistrates afiirme this latter 
to be the plaine literal sense and true meaning of the patent, the foundation of our Government, 
consonant to right reason and the best security of the people's, especially the freemen's, liberties. ' 
" That branch of the law made in [1GJ52, if it ma}' be called a regulation or irrogulation or 
direction of the manner and way of issuing causes of judicature in cases, which did (doul)lless 
through inadvertency) repeale the order of [lG]-t+ which concludes another manner of determm- 
ing all causes in the General Court, and is in the first printed book of lawes. But the General 
Court nor their manner of proceeding is constituted by the order of [1GJ52 upon which the depu- 
ties insist, there being General Courts in act for 20 yeares before." &c &c 

Little of this controversy in 1G72 is to be found on the records of the General Court of 
course, as the various votes failed to receive joint assent. I find however an order dated Jlay 
15, 1G72 (Kecords, iv. part 2, p. 51G) as follows: "It is declared by the Court that they will 
attend the hearing of any case that is orderly depending and under the cognizance of this Court, 
provided that the directions given by the patent for the determination and issue thereof be 
attended." 

May 7, 1G73. (Rec. iv. part 2, p. S-'O), a committee, consisting of Samuel Symon<ls, 
Simon Bradstreet, William Stougliton, John Oxenliridgo, Uriah Oakes. doshua Holiart, John 
Richards, Henry Bartholomew, John Hull, and Samuel Torrey was appointed to consider 
whether by the Charter there was a negative in any ])art of the General Court. This seems to be 
three magistrates, two clergymen, and five deputies, including their clerk. The r(>port dated 
Sept. 1, 1G7;S, is in the Archives, Vol. 48, No. 125. It seems that eight members were present, 
and three did not vote. The report against there being such a negative power in either branch is 
signed by Symonds, Oxenbridge, Bartholomew, Hohart, and Richards. It does not appear to 
have been accepted, but the papers are voluminous, and quite worthy of being put in print. The 
question involved is, of course, the same as we are considering, viz., whether the Cliarti r 
allowed a convention of the whole court. Mherein all of the eighteen magistrates might lie of one 
opinion and yet be overpowered by the luiinerical superiority of the forty or more dejiuties. 

As we have seen, in 1G72, the MaL'i^trates raised the ingenious idea wlKther one at least of 
their number must not be on the side of the majority, and that suggestion des.Tvedl}- failed. 
Now, in 1CS5, following out the same idea which had animated the magistrates from the start. 
they desired to do away the joint convention plan and obtain an absolute veto. In 1G72, they 
claimed that their idea was "the plain literal sense and true meaning of the patent." In IG'^5 
{post, p. 13G) they demanded that the law be repealed and that '• all things of that or the \iV>- 
nature shall be issued and determined as the patent directs," which would have given them the 
victory. 



136 Introduction. 

"We have seen that the matter was unsettled at the adjourn- 
ment in June, 1685, and the fight was at once renewed in July. 
On the 8th of that month the magistrates rejected the order then 
pending. The next tAvo jjapers show the result of the four days' 
session, July 7, 10 : — 

(Mass. Archives, Vol. 47, Xo. 70.) "As a fynall Conclusion and determin- 
ation of tlie question tliat hath bene soe long in debate, It is hereby ordered and 
inactod tliat tiie second section of tlie law tytle Courts be and is hereby repealed 
soe farr as it relates to tiie -way and manner of 3'ssueing and determining all 
things in the gencrall Court as the makeing of lawcs and decrees &c, and that 
hereafter all thinjis of that or the like nature shalbe vssned and determined as 
the Pattent directs. 

The Magistrates have past this their brethren the Deputys hereto consent- 
ing 

8 July 1685 Edavaed Eawsox Secret. 

And if our Brethren the Deputyes do not see cause hereto to consent wee 
desire a speedy end may be putt to this Court." 

(Mass. Archives, Vol. 47, Xo. 80.) " Boston July 9, 1G85. The Mag- 
istrates doe order that there be a present stopp to the printing of the Lawes till 
farther order ; our brethren the Deputies hereunto consenting. 

Ja. RussELii pr Order." 

" Tlie Deputys Consent not hereto; but since so nuich time and payns 
hath been already Expended in Reviseing of tiic lawes and proceeding so farr in 
the press with them, Desire that all such lawcs as are not agreed upon by the 
vote of tiiis Court to be Repealed, with those which ]ia\ e been amended or al- 
tered by Consent of both houses, be carried on to a full impression 

July 9, lfi85 John Saffin per order 

Xot consented to liy the ^lagistratcs 

Edward Rawson, Secret." 

"We have thus arrived to one certain fact. The magisti-ates 
had ordered the printing of the laws to be stopped, and the ijrinter 
doubtless obeyed. When the Court i-eassonibled, Sept. 16, 1685, 
the followins: inefiectual order v/as introduced: — 



o 



(^lass. Archives, Vol. 47, Xo. 81.) " The Deputies beinge informed 
that there is a present stop in the presse about the Lawes, having bin ordered 
thither by tliis Court, and of the expectation of this house and generallytie of 
the Freemen being that they would ere this time have bin finished. Doe judge 
meete to order, that, that worke be forthwith proceeded in, to the perfecting of 
that Impressi(m. And those Gentlemen appoynted and desired to oversee the 
press be ordered to take all due care thereof, desiring the consent of our hon- 
ored magistrates herein 

17 Sept. 1685 AVilham Toruey, Ckrlc. 

Xot consented to bv tlic ^lasistrates 

Edwauu IvAwsox, Secret.' 



Inlroductwn. 137 

On October 14, 1685, the Legislature met again, and the 
deputies rencAvecl their attack, as follows : — 

(Mass. Archives, Vol. 47, No. 84.) "The Deputys having once and 
again pressed the prosecution of the printing of the Lawes, and understanding 
tlicre is a stopp in the progresse of that work, they haveing bin sent to the press 
by order of tlie whole Court, there being great expectation of tiie Freemen and 
others throughout the Jurisdiction of a new Impression thereof to come forth, — 
doe again manifest tiieir desires that they may be proceeded in to a full Issue, 
according to our former Votes, sent up the 9th of July last ; desiring our hon- 
ored M.ajjistrates' consent hereto. 

16th. 8th. 1685 William Torrey, Cleric. 

Not consented to by the Magistrates 

Edward Rawson, Secret." 

Finally, Sewall writes under date of Saturday, October 17: 
" Court adjourned till Tuesday morning next, partly because of 
the designed Training. Before adjournment, the Deputies sent 
down a smart Bill alleging that they were no blamable cause of 
the Laws not being printed." 

This " smart bill " was not entered on the full record, of 
course, and therefore is not to be found in the printed volume. 
Fortunately the document is preserved in the State Archives, Vol. 
47, No. 82, subject, " Laws." It is as follows : — 

" The Deputys, understanding that it is imputed to them that there is a 
stop in the going forwards with the impression of the Lawes through thcire de- 
fault in denying to Consent to the determining of maters according to our 
Charter, hold themselves bound for theire owne vindication to Signifie they ar 
wholy ignorant that ever they have soe declared themselves l)y any vote or 
otherwise ; but as they alwais have, soe still doe, Manifest theire redyness to 
Attend the same, soe far forth as they have understood, and as was judged and 
practised by thcire Judicious predecessors, many of them the first patentees, and 
still desire the procedure to the full impression of the Lawes according to former 
vote of Y" whole Court. 

tiie deputies have past tliis 
17"" October 1685 with reference to tiie consent 

of our honored Magcstrats 
for a proseedur. 

Samuell Tompson per order 
Not consented to by y' Magists. 

Edw. Raavsox Secrt." 



138 Introduction. 

As I no longer hold the opinion expressed in my fonner Intro- 
duction, that the matter in dispute was trivial and oljscure, it mav 
be added tliat the pi-inciple for Avhich the Magistrates contended 
has since triumphed. Under the Second Chai'ter each body in 
practice Avas independent of the other. In the Constitution of the 
Commonwealth, the Senate and House have a negative each on 
the other; the same rule prevails in Congress: and such seem- 
now to be the accepted plan for all legislative bodies comiDosed of 
two branches. 

However, our interest at present is confined to the effect 
which this dispute had upon the jjrojected issue of a new code of 
laws. 

It may Ije safely concluded that very little progress had been 
made towaixls printing the new revision up to the adjournment in 
Octobei-, 1G85, that the two branches were at a stand, with con- 
siderable personal feeling evinced; and that, with the well-known 
disinclination of the magistrates to take any responsibility in the 
imsettled state of the government, the disagreement between the 
branches allbi-ded a sufficient pretext for abandoning the project. 

"\Ve ma}', therefore, probably conclude that the various Supjale- 
ments to the Code of 1072, as already rei^rinted from the Hutchin- 
son copy, contain all the official publications of the Colonial Laws 
of a general nature, except Tax and Excise Acts, prior to the dis- 
solution of the First Charter government. 

In conclusion, I have to ask the reader of this Introduction to 
pardon its length, urging the apparent necessitj' of bringing into 
one collection all available facts in regard to the method adopted 
b}' our ancestors in preparing and publishing those general laws 
which are still, in part, in force in this Commonwealth. 

As to the whole book, I hope I may apply the words of Judge 
Sewall, when sending to a friend a copy of the Statutes at Large 
for 1681:, "You will find much pleasant and profitable Reading 
in it." 

"William II. Whitmoke. 

City Hall, Boston, October, 1800. 



139 



INDEX 

TO THE 

INTRODUCTION TO THE COLONIAL LAWS. 



ALLEN. JOnN 

appointed from Middlesex county, 
J645, on commission to 
draft body of laws . 73 

on committee, 1650, to 

revise maritime laws . 115 
ANCIENT CHARTEKS AND LAWS 

published by the State in 1812 . . r 

instance of omission in l^noie) . . vi 

ANDROS, SIR EDMUND 

arrives, 1680, with commission to 

govern all New Enirland . . 131 
ANTIQUARIAN SOCIETY 

American, at Worcester, Rawson's 

copy of laws of 16C0 preserved in . 120 

essay in Proceedings of, on Cam- 
bridge press ..... 83 
ARMY 

laws for the well- ordering of, sergeant- 
major-general and council war of 
authorized to make and execute . 72 

ASPINWALL, COL. THOMAS 

owner of Lechford's copy of Records 

of General Court .... vii 

bought in England . . xiii, xiv 

ASPINWALL, WILLUM 

Cotton's pamphlet reprinted by, in 

London, 1C55 .... 

adoption of, dis- 

claiiued by . 



12 



12 



ASSISTANTS 

chosen under provisions of charter 

of IfiL'il 

court of, extent of powers exercised 

by 

empowered to make laws 
and choose officers . 
Records of, published by State 

1G41-1(U4, contained in 
Lechford's copy 
powers of, in divorce cases 
ATHEN.ELIM, BOSTON (see Boston 

Athen.eum). 
AUDITOR GENERAL (see Blnoax, 
Natiiamkl). 
appointed on committee, 11147, to per- 
fect draft of laws . 

1647, to, prepare laws for 
press .... 

1648, to examine laws in 

press . 

to insert amendment, 

to receive one copy 

of the book of 

laws, without price, 

1649, to prepare supple- 
ment of li;.50 

1650, to revise maritime 

IawS • • ■ • 



2 

99 



3 

vi 



X. xin 

99-lUl 



75 

76 

77 
77 

79 
104 
115 



B 



B.iCnELER, MART 

divorce ...... 

liAULOW, SAMUEL L. M. 

owner of Lechford's copy of Records 
of General Court .... 

DARTHOLOMEW, HENRY 

appointed, 1685, to revise body of 
laws ...... 

.7.4 TCUEL OR, .TOSEPIl 

appointed, 1644, to examine Belling- 
liam's revision of laws . 
DELLINGHA.^[, RICHARD 

share of, in preparation of Body of 
Liberties ..... 

deputed, 1635, to make draft of 
laws .... 

1C37, to make codification, 

to examine laws 
1642, to revise orders of 

court for publication 
1644, examination of book 
of laws presented by 





BELLING HAM, RICHARD, continued. 




100 


deputed 


1645, from Essex county, on 
on conmiission to draft 








body of laws . 


73 


vii 




1646, on sub-committee, to 
examine draft of body of 








laws . . .74, 


75, SO 


129 




1647, to prepare laws for 








the press 


76 






1649, to prepare supple- 




72 




ment of 1650 


104 






to arrange for printing. 


104 






1650, to revise maritime laws, 


115 


18 




1652, to serve in court of 








election 


viii 


4, 5 




to select laws to go 




6 




to the towns 


116 


8 




1653, to examine laws 
1656, to revise laws for 


110 


71 




iiublication 


117 




probably the chief incitor of the re- 




72 


vision 


of 1649 .... 


120 



140 



Index. 



BODY OF LIBERTIES (see Liheu- 

TIES, BODV of). 

BOOKS 

of laws (sec Laws, Plblication). 
list of, orik-rcd for use of court, 
ir47, in making laws 
BOSTON 

sends deputies to general court, lfi34, 
deputies of IGS'J to prepare code of 
laws .... 
1G42 to revise orders of 
court for pul)licati(>n . 
commissioners for Suffolk, to pre- 
pare draft of laws, to nu'ct at 
Shaw's History of, citation from 
titles of code of 1(J4'J cited in records 
of selectmen ..... 
BOSTON ATHEXiEUM 

manuscript cjipy of Body of Liberties 

preserved in . 
William S. Shaw, librarian of . 



71 

7.3 
9G, 97 



10 
10 



BOSTON PUBLIC LIBRARY" 

now owns Lechford's copy of Records 

of General Court . . . vii, 

Thorowgood's "Jewes in America" 
to be found in ... . 
BRADSTREET, TIiOMAS 

appointed, 1645, froui Essex county, 
on commission to draft body of laws, 
governor, chosen, 1(185 

sea! of colony and dupli- 
cate of (latent placed in 
hands of . . . 
BRIDGES, CAPT. ROBERT 

MS. records, lfi44, in handwriting of, 
BROOKE, TllOHlAS 

ajipointed, 1C44, to examine Belling- 
liaui's revision of laws . 
BULKELEY, PETER 

deputed, lfi37, to revise drafts of laws 
presented from the towns, 



93 



73 
131 



124 



72 



1(!S0, to revise laws 



125, 126 



CAMBRinCE 

commissioners for Middlesex, to 

jirepare draft of laws, to meet at . 73 

code of ir,41l jirinted at . . . 83 

CAPITA I, LAWS (see Laws, Capital). 
ClIAKLESTOWN 

sends dejiuties to general court, 1634, 4 

deputies of 1639, to prepare code of 

laws 7 

.Tosiph Hill, member of house for . 79 

CHARTER 

ancient (see ANriExx Charters). 
of JIarch 4, 16'_'9, )irovisions of . 2 

attacks upon, by Randolph . . 130 
cancellation of . . . . . 130 

Cr/ffKEU/NG. FRANCIS 

appointed, 1644, to examine Belling- 

ham's revision of laws ... 72 

CIIRISIMAS 

hiw in relation to, reiiealcd, 1681 . 126 

CLARKE, DENXIS A\D A AXE 

divorce ...... 99 

CLARKE, CAPTAIN THOMAS 

appointed, 1654, 1656, to revise laws 

of current session . 117 

1664, 1670. to prepare 

laws for publication 121, 122 
1671, to cause book of 

laws to be printed . 123 

1674, to determine whr.t 
acts of general court 
shall be printed . . 124 

chietly concerned in arranging the 

revision of H'.riO . . . . 120 

CLEMENTS, WII.IJAM 

divorce 100 

CLEKlv 

of deputies, office established and 

duties prescribed, 1U4S ... 78 

COBliET, TIIOMAS 

citatiiin from his " Civil Slagistrates 

Power," etc 96 

COMMISSIONERS. liOYAL 

changes in code of 1660 demanded by 121 
COMMON LAW 

of England, compared with the Body 

of Libertii'S ..... 17 

COMJIONWEALTII 

word "jurisdiction " substituted for, 

1681 126 



COMPANY OF THE MASSACHU- 
SETTS BAY 
records of, previous to removal to 

New England .... vii 

COXNECTICCT 

code of laws of, modelled on Body 
of Liberties and revisions of 
16411 and 1660 ... 86 

correspondences with Ma^s. 

code of 1649 {note) . 87, 88, 89 
CONSPIRACY 

law in relation to, repealed, 1681 . 126 
COOKE, CAPT. GEORGE 

ajipointed from Middlesex county, 
1645, on commission to draft body 
of laws ...... 73 

COOKE, EIJSHA 

appointed, 1684, to prepare laws for 

press 128 

reports, 1685, a revised draft . . 129 
requested, 1685, to oversee printing 

of revised body of laws . . 129 

COOKE, JOSEPH 

appointed, 1680, to revise laws . 126 

COR WIN, CAPT. GEORGE 

api)ointed, 1670, to prepare laws for 

luiblication 122 

COTTON. REV. .JOHN 

author of pamphlet erroneously cited 
as Body of Lib- 
erties . . 1 
published anony- 
niouslv in Lon- 
don, lV,41 . 12 
reprinted by Wil- 
liam Aspin- 
wall, 1655 . 12 
by Gov. Hutch- 
inson . . 11 
requested, 163G. to make draft of 

" fundamentals " . . . . 5 

unfounded claim to be author of 

Body of Lilierties discussed . . 12-20 
conqiilation by, presented to general 

court 6, 7 

no action taken .... 6 

appointed from Suffolk county, 1645, 
on commission to draft body of 
laws ...... 73 

COUNCIL OF WAR (see War). 



Index. 



141 



COURT OF ASSISTANTS (see As 

SISTANTS, COUKT 01-). 

COUKTS 

as to powers of {note^ 

Essex coiintv, citations of coJe of 

1(!49 in file's of . 
Middlesex county, citations from 

code of 1G49 in files of . 
Suffolk county, citation of code of 

1649 in files of . . . 
COURT, GKEAT AND CzENEKAL 
Kecords of, published by State 

Lechford's copy now ir 

Boston Public Library 

under cliarler of 1029, composition 

times of meeting, autliority of 
confers upon governor and assistant; 

the power of making laws, etc. 
sole authority in itself to make laws 

etc., voted .... 
system of election, sessions, etc. 

established, 1634 . 
only two sessions annually, May and 

October 



99 

100 
102 

98 



COURT, GREAT AND GENERAL, 
continued. 
commission appointed by, to frame 
a body of grounds of laws, 

1C35 4, 5 

to revise drafts of laws presented 

from the towns, 1()37 . . 6 

to draw up a code, 1639 . . 7 

Ward's code adopted by . . . 9 

legislation by, llUl to !G73 . . 71 

authorizes publication of code of 

1649 S2 

each member to receive one copy of 

revision of 1(!49 vrithout price . 79 

distribution of copies of revision of 

16G0 among 119 

order of, 16.S2, exempting Joseph 

Hills from taxation . . . 1?8 

prepares address to the king, 1682 . 130 
disagreement between the branches 
as to what shall constitute a ma- 
jority vote .... 131, 133 
COWLEY, CHARLES 

pamphlet, " Our Divorce Courts " . 99 



DANE, NATHAN 

appointed, 1812, on committee to 
prepare for publication "Ancient 
Charters and General Laws " . v 

DANFORTir, THOMAS 

appointed, 1658, to oversee printing 

of laws . . . . 118 
compensation . . . . 119 
ordered to make an index to revision 

of 1660 119 

appointed, 1664-5-6, to prepare laws 

for publication . 121, 123 

1671, to cause the book of 

laws to be printed . 123 

1679, to revise laws . . 125 
chosen deputy governor . . . 131 

DAVIS, A. M. 

essay on subject of printing press at 

Cambridge 83, 85 

DAVIS, CAPT. MILLIAM 

appointed to see revision of 1672 

through the press .... 123 
DAVr, HUMPHREY 

appointed, 1G74, to determine what 
acts of general court 
shall be printed . . 124 

1680, to revise laws . 126 
DAY, STEVEN 

work done by, on printing press at 

Cambridge 84 

DEAN, JOHN WARD 

memoir of Rev. Nathaniel Ward, by . 18 

DEN/SON, MAJ.-GEN. DANIEL 

1654, to edit laws for publication . IIG 
1658, to revise and report to general 

court 118 

to make alterations in preface 

to laws 82 

chieflv concerned in production of 

rev'ision of 1660 .... 120 
notice of {note) .... 120 

DIVORCE 

early decrees of ... . 99-101 
DORCHESTER 

sends deputies to general court, 1634, 4 

DOVER 

twenty copies of revision of 1660 

allotted to 119 



DOWNING, MR. 

authorized to get copies of laws and 

liberties, etc. ..... 9 

DUDLEY, JOSEPH 

appointed, 1679, 1680, to revise laws, 

125, 126 
sent to the king, 1GS2, as agent of 

colony ...... 130 

made president, 1686, under commis- 
sion of .lames II. . . . . 131 

DUDLEY, THOMAS 

deputed, 1635, to make a draft of 

laws . . . . 4, 5 

1639, to prepare a code . 7 

share of, in preparation of Body of 

Liberties ..... 18 

appointed to revise Body of Liberties, 

1643 . _ 71 

sergeant-major-general, 1644, em- 
powered to make laws for the well- 
ordering of the army ... 72 
appointed from Suffolk county, 1G45, 

to draft bodv of laws ... 73 

DUNCAN, LIEUT. NATHANIEL 

(Auditor-General, 1645-1G57). 
appointed from Suffolk county, 1645, 
on commission to draft 

body of laws ... 73 

1646, on suli-comniittee to 
examine draft of body of 

laws . . . . 74, 75 

1647, on committee to pre- 
pare laws for the press . 76 

1648, to examine laws in 

press .... 77 

1649, to prepare supple- 
ment of 1650. . . 104 

1650, to revise maritime 

laws . . . . 115 

DUNSTER, IIENR 

president of Harvard college, 1640- 

1654 84 

marriage to widow of Josse Glover . 83 

ownership of printing-press . . 84 

presented, 1IJ54, for disturbing 

church service .... 102 
directed to print the laws . . . IIG 
other publications by . . . 84 



142 



Index, 



EASTOWE, WILLIAM 

appointed, 1G44, to examine Belling- 
ham's revision of laws . 

ELDERS 

answer of, to questions submitted, 
1G44, by general court . 

END ICO TT, JOim 

owner of Lechford's copy of records . 
deputy, autliorizcd to get copies of 
laws and liberties, etc. . 



72 

ix, X 
9 



EXniCOTT, JOHN, continued. 

governor, appointed, 1G54, to revise 

laws of current session . 
authorized, 1G58, to nial^fi alterations 

in preface to laws . . . . ) 
new seal ami press provided by 
ESSEX COUNTY 

commissioners appointed from, 1G45, 

to draft body of laws 
cit;itions from code of 1G49, in court 

files of 



116 

118 
124 



100 



FAIRWEATNER, MR. 

appointed, 1G84, to prepare laws for 

press 128 

FINES 

imposed by court of assistants . . 3 

FIRST BOOK or THE LAWS (see 

Laws). 
FISHER, CAPT. DANIEL 

appointed, 1G79, IGSO, to revise 

laws 125 

FORCE'S TRACTS 

Cotton's pamplilet reprinted in, 

1»44 1 

FOSTER, CAPT. HOPES TILL 

appointed, 1G70, to prepare laws for 

jiublication ..... 122 
FREEMAN, SAMUEL 

divorce 9;i, 100 

FREE.MAN'S O.VTH, THE 

issued from press at Cambridge . 84 



FREEMEN 

sole power to choose and admit, 

vested in general court ... 4 

admission by inferior courts . . 25 

powers of, to be exercised by deputies 

chosen to general court . . 4 

FRYAR, ELIZABETH 

divorce case . . . . • 99 

FUNDAMENTALS 

draft of, commission appointed to 

prepare .... 5 

presented to general court, 

1G36 .... 6 

freemen to collect and pre- 
sent to governor, 1G37 . 6 
commission appointed to 

codify, 1639 ... 7 

compared with Magna Cliarta . . 16 

witli common laws of 

England ... 17 

facsimile pages .... 66 



G 



GENER.AL COURT ("see Court, Great 

AND GeNKRAl). 

GLOVER, JOHN 

appointed, 1G45, substitute in place 

of Mr. Prichard on 

commission to draft 

body of laws . . 73 

1652, to serve in court of 

election . . . viii 

lGo2, to select laws to go 

to tlie towns . . 116 

16.53, to examine laws . 116 
GLOVER, .lOSSE 

printing-press given by . . . 83 

GOO DELL, ABNER C. 

editor of General Laws of the Prov- 
ince ...... 6 

COOKING, CAPT. 

Treasurer, to determine price of 

voltiMics of laws of 1660 . . 119 

GOVERNOR 

provided for in charter of 1G29 . 2 

with deputy and assistants, empow- 
ered to make laws, etc. . . 3 
to summon general court four times 

a year ...... 4 

deputed, 1C35, to make a draft of 

laws 4,5 



GOVERNOR, continued. 

deputed, 1G37-.39, to revise and 
codify models of laws 
presented by the free- 
men . . . . 6, 7 
1643, to revise orders of 
court, 1G42, and Body of 
Liberties . . . 71 

1645, from Suffolk county 
on commission to draft 
body of laws ... 73 

164G, on committee to per- 
fect draft of body of 
laws .... 75 

1647. on committee to pre- 
pare laws for the press . 76 
1G54, to revise laws of cur- 
rent session . . . 117 
seal, duplicate of patent, etc., to re- 
main in hands of . . . . 125 
GRAY, FRANCIS GALLEY 

discovers and prints, 1843, Body of 

Liberties xvi 

GREEN, SAMUEL 

work done by on printing-press at 

Cambridge ..... 84 

order tor Treasurer, 1659, to pay for 

printing laws C/io<e) . . 117,118 



Index. 



143 



BALL, JOHN AA'D DORCAS 

divorce ...... 100 

UALSALL, GEORGE AXD JANE 

divorce 99, 100, 101 

IIARV.^RD COLLEGE 

president of (see Dt;NSTER, Hkxrt). 

Law library of, p.iges of .supple- 

iiients to code of ICGO supplied 

from 120 

BA WTHORNE, WILLIA III 

deputed, 1G37, to revise drafts of 

laws presented from tlie towns . 6 
requested to procure copy of Liber- 
ties 9 

appointed from Essex county, 1(145, 
on commission to draft 
body of laws . . 73 

16jO, to revise maritime 

laws . . . . 115 
1672, to collect matter for 

supplement to laws . 123 
HAYNES, JOHN 

governor, 1G33, deputed to make a 

draft of laws. . . . . 4,.") 
IIIBBENS, WILLIAM 

appointed, 1043, to revise Body of 

Liberties . . . 71 

164.5, from Suffolk county, 
on commission to draft 
body of laws . . 73 

1646, on committee to per- 
fect draft of body of 
laws .... 75 

1652, to select laws to go 
to the towns 

1653, to examine laws 
HILL, JOSEPH 

substitute for Capt. Cooke on com- 
mission to draft body of laws . 73 
appointed, 164G, on committee to 
perfect draft of body 
of laws . . 75, 79, 80 
^ 1647, on committee to pre- 
pare laws for the 
press . . . 70, 80 
to make final exami- 
nation of the book 
of laws upon pub- 
lication . . 7 

1648, to examine laws in 

press . . .77, 80 
to receive one copy 
of book of laws, 
without price . 79 

1649, allowed £10 for ser- 

vices ... 79 

on committee to pre- 
pare supplement of 
1650 ... 104 



lie 

110 



JllLL, JOSEPH, continued. 

appointed, 1649, to arrange for print- 
ing .. . 
supplement prepared 
and put throu!;h 
the press under 
supervision of . 99, 

1652, to examine and re- 

vise records . viii, 

1653, statement of services 

and petition for rec- 
ompense 
allowed £10 . 
1653, 1054, to examine 
laws passed by 
general court 
1656, presented for " mar- 
rying of himself" 
1682, petition to general 
court for exemp- 
tion from taxes on 
account ot pover- 
ty, blindness, etc., 
public services of . 
////. TON, WIL L I A M 

appointed, 1044, to examine Belling- 
ham's revision of laws . 
nOADLEl', CHARLES J. 

editor ot records of New Haven 
colony ...... 

HOWARD, LIEUT. 

appointed, 1644, to examine Bclling- 
liam's revision of laws . 
HUBBARD, CAPT. JOSHUA 

appointed, 1070, to prepare laws for 
publication ..... 

HUBBARD, REV. WILLIAM 

grant of £50 to, in acknowledgment 
of services in compiling history of 
colony ...... 

HU.MPHRErS, ROBERT 

appears at London for colony . 
HUTCHINSON, CAPT. EDWARD 

owner of Lechford's copy of Records x, 
HUTCHINSON, ELISHA 

collection of papers, Cotton's pamph- 
let reprinted in, 1709 
possessor of MS. copy of Body of 
Liberties .... 

fac-simile reprint of . 
possessor of Lechford's copy of rec- 
ords X 

appointed, 1680, to revise laws 125, 

HUTCHINSON, GOV. THOMAS 

owner of Lechford's copy of records 

of general court .... vii, 
T?ev. John Cotton's book reprinted by 
cited by Dr. Moore in pamphlet on 
date of code of 1649 



104 



120 

no 



79 
80 



117 
103 

127 
7'J 

72 

86 

72 

122 

128 
130 



10 
32 



xu 
120 



XIII 

11 
83 



IMPRISONMENT 

inflicted by court of assistants . 
INDEX 

to revsion of IGOO, Thomas Danfurth 
ordered to make .... 
■ to Body of Liberties 



119 
63 



IPSWICH 

magistrates residing at, appointed to 

revise Body of Liberties, 104;! . 71 

commissioners for Essex, to prepare 

draft of laws, to meet at . . 73 



144 



Index. 



JOIIiVSON, LIEUT. EDWARD 

appointed, 1644, to examine Helling- 
liam's revision of laws . 

1G45, from Middlesex 
county, on commission 
to draft body of laws 

1G46, 1G47, on sub-commit- 
tee to examine draft of 
body of laws . 

1652 to exandnc and re- 
vise records . 



72 



73, 



JOBSSOX, LIEUT. EDWARD, 
continued. 
appointed, 1G70, to prepare laws for 

publication ..... 122 
author of " Wonder- Working Trovi- 

dence" l^note^ .... 75 

JOHNSON, LIEUT. WILLIAM 

appointed, 1080, to revise laws . 125 

JURISDICTION 

substituted, 1G81-2, for word " Com- 
monwealth" in laws . . . 12G 



KEAl'NE. CAPT. 

appointed on committee to prepare 
supplement of 1G50 
KINGSLEY, STEPHEN 

appointed, 1644, to examine BcUing- 
ham's revision of laws . 



104 



72 



KNOWLES, MR. 

substitute in place of Mr. Allen 
on commission to draft body of 
laws 



73 



LANDS 

granted by court of assistants . , 3 

sole power to dispose ol, vested in 

general court, 1034 ... 4 

LAWS 

of Province, 1692 to the revolution, 

published by state ... vi 

public and general, of Colony and 
Province, pub- 
lished by state 
in 1812 . . v 

int'ompletencss of, vi 

edition of 1610, los*, liut may be re- 
constructed ..... 1 
spurious code of ... . 1 
the work of Rev. John 

Cotton ... 1 

proposed but never 

accepted . • . 2 

authority of general court to make, 

under charter of 162!i ... 2 

governor, deputy and assistants im- 

powered to make .... 3 
sole power to make, vested in gen- 
eral court 4 

to be made at October session . . 5 
passage of, concurrence of majority 
of magistr.ates and deputies re- 
quired 5 

body of grounds of, commission ap- 
pointed to frame, 1635 ... 5 
fundamentals, commission appointed, 
16:'>6, to make dratt 
of ... . 5 
reported to general 
court, no action 
taken ... G 
freemen to collect and 
])resent to governor, 
1637 ... G 
commission appointed 
to codify for gen- 
eral court . . 6, 7 
code prepared by Nathaniel Ward 

adojited in 161 1" . . . . 8 



LAWS, continued. 

nianuscrii>t copies of . . .9 

of 1641 and 1G60, Body of Liberties 

traced in . . . . .21 
of 1660, sections of Liberties not in- 
corporated in .... 27 
common, of England, Body of Liber- 
ties compared with . . . 
capital, ordered to be printed, 1642 . 
in Body of Liberties 
issued from press at Cam- 
bridge .... 
amendments to, 1681 . 
printing of, by Dunster, Day and 
Green, on press at Cambridge 
code of 1649: 

counnission appointed, 1G42, to ex- 
amine and perfect 
orders of last court, 

1643, to consider tiie 
Body of Liberties . 

1644, to examine Bel- 
lingham's report . 

ship-owners and buihlers, 1644, lo 
inake and present laws for consid- 
eration of general court 
general laws of 1644, ordered pub- 
lished to the town 
connuissioners appointed, 1645, to 

present draft .... 73, 

sub-committees appointed, 1646, to 

examine draft . 74, 
authorized, 1647, to 
make change of 
form as occasion 
may require 
books procured, 1647, for use of 

court in making laws . 
orders, 1647, to committee preparing 
laws for press .... 
examined ami put to press, 1G48 
amei:dment, 16-IS, while in jiress 
allowance to John AVayte for copy- 
ing iKiok of . 
labors of Joseph Hills upon 



, 10 
27 

r, 28 

17 
71 
54 

84 
126 

84 



71 
71 



80 



76 
76 



Index. 



145 



LAWS, coniinued. 
code of 1649 : 

transcription of old laws not included 

in printed revision, 1G48 . . 78 

distribution of printed copies, . . 7J 

referred to as the " first printed 

book" 10-t 

forms, size, and contents of . . 83, 80 
probable size of edition ... 84 

date of publication, examination of 

Dr. Moore's pamphlet on . . 81 

order to sell in q\iires at 3s. the 

book 79 

price quoted at 17d. a book . . 85 

destruction of copies ... 85 

arranged alphabetically under titles, 86 

correspondences in New Haven and 

Connecticut codes (nole) . 87, 88, 89 
in titles of revision 

of 1660 {note) . 90 

citations from, in proceedings of 

general court . 86-92 
in Thorowgood's 
" Jewes in Am- 
erica " . . 93 
of titles in records of select- 
men of Boston . . 97 
in code of 1660 . . . 9i 
in Essex court files . . 100 
in files of Middlesex court, lOi 
in Suffolk court files . . 98 
table of titles known to be in printed 

code ...... 103 

Bellingham probably chief inciter of 

edition 120 

supplement of 1650 : 

committee appointed to prepare, 

with table 104 

to print . 104 
referred to, as the " second printed 

book" 104 

correspondences in Connecticut code 

of 1650 105 

citation from title "Ecclesiastical," 

by Thorowgood .... 106 
date as fixed by citation in later 

books of the laws . . . 106 

marginal citations of, in code of 

1660 107 

supposed contents of . . 106, 107 

prepared and put through the press 

by Joseph Hills .... 120 
supplements of lGo4- and 1657 : 
reference to, in records, 1673, of 

general court . 110 
in marginal citations, 

code of 1660 . 110-113 

known as " third printed book " and 

" fourth printed book " . . 114 

committee appointed, 1650, to revise 

Lex Mercatoria . . . . 114 

copy of general orders of each court 

to be sent to each town . . 115 

publication of, by reading in town 

meeting . . . . ■ 115 

committee to examine, 1652 . viii, 1 Ki 

orders of each session to be printed 

and distributed, 1654 . . 116 
committee appointed to edit . 117 
legislative procedure, readings on 
three several days required before 
enactment . . . . • 117 
all general laws to date, 1657, or- 
dered transcribed and printed . 117 



LAWS, continued, 
revision of 1000: 

Major-General Daniel Dcnison, 1658, 

ordered to revise the laws, 118 

to prepare for the press ami 

make alterations in preface, 118 
to be of force thirty days from Oct. 

16, 1660 120 

orders, 1659, 1660, for printing and 

distribution 1 19 

Thomas Danforth ordered to make 

an index 119 

amendments an<l additions published 

in yearly supplements . . . 120 

changes in, ilemanded by the Royal 

Commissioners .... 121 
marginal citations in, from liber 1 . i)'2 

Secretary Kawson's copy preserved 
in Lilirary of Am. Antiq. Soc. at 

Worcester 120 

pages of sujiplement supplied by copy 

in Harvard Coll. Law Library . 120 
edition of 1672 : 

orders preparatory for . . . 121 

committees appointed to prepare . 122 
printing and disposition of . . ]2:i 

order to prepare preface and table . 123 
copyright voted to John Usher for 

seven years .... 12,", 124 

supplements issued annually in con- 
secutive pages . . . . 125 
new codifications proposed and com- 
mittees appointed, 11179, 16,s0 125, 120 
amendments, 1681-2, to conciliate the 

king ■ 126 

committee appointed, 1684, to pre- 
pare for press .... 128 
proceedings in revision of . . r.'ll 

reported and ordered to press . . 129 
explanation of the failure to print the 

new revision of the body of laws . 130 
cancellation of the charter, 1684 . 130 

arrival of Andros, 1686, and end of 

colonial period . . . . 131 

votes which failed between the two 

branches of the general court 131, 132 

grounds of the disjjute between the 

magistrates and deputies . 133-136 

history of the dispute (iiote'^ . . 133 

printing of the laws stopped . . 13(i 

final disagreement .... 137 

LECH FORD, THOMAS 

copy of Records described . vii, ix, x 
ownership by Gov. Endicott and 

others ix, x 

manuscript copies of Body of Liber- 
ties made by 8 

changes in Ward's draft suggested by, 19 

LEGISLATION (see Laws;. 

from 1641 to 1672 .... 71 

LEX MEHCATOlilA 

committee appointed, 1650, to revise, 114 
LIBERTIES, BOOV OF 

a spurious code cited as . . . 1 

the work of liev. 

John Cotton . 1 

published in London, 

1641 ... 1 

reprinted, 1655, 1798, 

1844 ... 1 

proposed, but never 

necepted . . 2 

diselainie.l hy Wil- 
liam Aspiu'vall . 12 



146 



Index. 



BODY OF LIBERTIES, continued. 
prepared by Rev. Nathaniel Ward 

and adopted in 1G41 . . . 8. 120 
manuscript copies of . . .8, D, 10 

sent to the several towns, 9 

established for three years . . 

evidence showins; actual contents of, 1 J 
comparison with Magna Ctiarta and 

common laws . . . . ]i'i 

existed in a sep.irate MS. .ibout lfi48, ll'2 
traced in tlie edition of laws of 1G41 

.".nd IGGO 21-27 

sections not incorporated in statutes 

of 1(;G0 27, 28 

fac-simile reprint of Hutchinson 

nuinuscript of . . 32 

table of contents . . 30 

index .... G3 

fac-simile references to, infac-siraile, 6G 



BODY OF LIBERTIES, continued. 
reference to, by elders, in answer to 

question of general court . . 72 

revisions of . . . . . 71 

not entered on the records of gen- 
eral court ..... y 
rediscovered by F. C. Gray and 

printed liy him m 1843 . . . xvi 

LIBRARY, PUBLIC, OF BOSTON 

(see Boston Public Library). 
LUSHER. M.U. ElAAZEli 

appointed, 1G70, to pre])are laws for 

publication . . . 122 
1G72, to collect matter for 

supplement to laws . 123 
LUXFORD, JAMES 

divorce case 99 

LYNDE, JOSErir 

appointed, IGSO, to revise laws . 126 



M 



M.iGX.Y CH.ART.A. 

coni]iarison of Body of Liberties 

with IG 

MAJOR GENERAL (see Dexison, 
Daniel). 
authorized, 16r)8, to make alterations 

in |iret'ace to laws .... 82 

preparation of code of IGGO for 

press by .... IIG, 118 

chieflv concerned in arrancrini; code 

of IGGO. . . . '. . 120 
MA.TORITY 

in vote of niaf;istratcs, disagrccnicnt 

as to w^hat shall constitute . 131,103 

MALDEX 

.lo^eph Hill, member of House for . 79 

MAXrSCRIl'T 

Body of Liberties, copies made in . 8, 9, 10 
miscellaneous, list of, prefixed to 

the Hutchinson volume . . 10 

comparison of the Elisha Hutchin- 
son M.S. with laws and lilierties, IG 
by Thomas Lcchford, of records 

piror to IGIG . . . vii, ix, x 
MARITIME LAWS 

acts of trade anr' navi-jation ordered, 

1G81, to be published and observed, 126 

committee appointed, IGiiO, to re- 

vi.se 114,115 

MASSACHUSETTS BAY, COMPANY 
OK THE (see Company of the 
Massachusetts Bay). 



MASSACHUSETTS HISTORICAL 
SOCIETY 

Cotton's pamphlet reprinted in Col- 
lections of .... . 1 
MATHER, RE\'. RICHARD 

appointed from Siiffclk county, 1G45, 

on commission to draft body of laws, 73 

MEADCALFE. JOSEPH 

appointed, 1G44, to examine Belling- 

hani's revision of laws ... 72 

ME KINS, THOMAS 

appointed, IG44, to examine Belling- 

ham's revision of laws ... 72 

MIDDEESE.X; COUNTY 

commissioners appointed from, 1G4.5, 

to draft body of laws ... 73 

cit.itions from code of lG-t9 in court 

files of 102 

shorilf of, lG8i, return made by, on 
writ o{ scire facias asainst Gover- 
nor and Company of Massachusetts 
Bay . . " . . . . 130 

MOORE'. DR. GEORGE H. 

of the Lenox Library, examination 
of pamphlet concerning date of 
codeoflG49 81 

extr.tcts from Thorowgood's " Jewes 

in America " . . . . . 93 

citation from Thomas Cobbet . . tlu 

citation from Snow's " History of 

Boston" ....'. 9G 

petition of Joseph Hills, 1G82, pub- 
lished by 127 



N 



NEWBURY 

.Tosepli Hill, member of House for . 79 

NEW HAVEX 

colony, code of laws of. modelled on 
Body of Liberties and revisions of 
1G49 and IGGO . . . ' . 8G 

correspondences witli Mass. coda of 

1G49 I HO/,-) 87 

NEWTOWN ( ( 'ambridge) 

semis dipiities to eoneral court, 1G34, 4 

NORTH, LORD GUILFORD 

issues decree vacating chnrter, 1CS4, 130 

NORTON, CAPT. FR.iNCIS 

appointed from Essex county. 1G4.T, 
on commission to drnft body of 
laws 73, 79 



NORTON, CAPT. FRANCIS, coniinned. 
appointed 1G49, disposition of books 

of 118 

1GG6, to prepare laws for 
])nblic»tion . . . 121 
NO WEL L , INCR EA SE 

ckTual aid by, in keeping Records . vii 

appointed 164.5, from Middlesex 
county, on commission 
to draft body of laws . 73 

1649, to prepare supple- 
ment of 16,50 ... 104 
1C.")0, to revise maritime 

laws . . . . 113 
NO WE L L , SA M UEL 

reports, 1G85, revised draft of laws . 129 



Index. 



147 



OFFICERS 

executive, court of assistants empow- 
ered to clioose .... 

sole power to appoint or remove, 
vested in general court 



ORDINANCES 

authority of general court to make, 
under cliarter of 162!) . 



PAL,VER, WTLLIAM AND EimOR 

divorce ...... 100 

PARKES, WILLI AM 

appointed, KiCA, to prepare laws for 

publication 121 

PEL HAM, HERBERT 

appointed from Middlesex county, 
1645, on commission to draft body 
of laws ...... 73, 79 

PETERS, REV. JWGU 

deputed, 163G, to make draft of 

"fundamentals" . . 6 

1G37, to codify drafts pre- 
sented from the towns . 6 
PHILLIPS, REV. GEORGE 

deputed, 1637, to revise drafts of 

laws presented from the towns . G 

POPE, WILLIAM 

divorce caSe 
PORTSMOUTH 
twenty copies 
allotted to 
PREXCE, GOV. 

second marriajie 
PRESCOTT, WILLIAM 

appointed, 1812, on committee to pre- 
pare for publication " Ancient 
Charters and General Laws " . v 

PRESIDENT (see DrNSTER, Henry) 
of Harvard College, laws to be 

printed by 116 

PR I C HARP, HUGH 

appointed from Suffolk county, 1645, 
on commission to draft body of 
laws 73 



of revision of 1660 
THOMAS 



100 



119 



100 



1, 12 



83 



84 



PRINCE SOCIETY 

reissue of Hutchinson's collection of 
papers bv . . . . . 
PRINTING PRESS 

at Cambridge, given by Josse Glover 

and others 

issues from, by Dunster, Day and 

Green 

PROVINCE 

laws of, published by State . . vi 

PROVISO 

in title " courts," as to ninjority vote, 
disagreement between magistrates 
anddeputies. . . ' . 131,133 

PRUDENTIAL AFFAIRS 

origin and significance of term (note) , 
prudential equivalent to prudent 

(note) 

PSAL.M BOOK 

issued from press at Cambridge 
PUBLICATION 

of capital laws ..... 
of revision of laws, 1649, lGli'1 
of general laws of 1644, orderc<l to 
be made to towns .... 
of code of 1C4'J, ordered , 
of supplement of 1G30 
of general laws by reading in public 
town meeting .... 
of laws, psalms, etc., by H. Dunster, 
Day and Green .... 
of revision of IfifiO .... 
PURCHASE, OLl VER 

appointed, 1685, to revise body of 
laws ...... 



12 



14 



77 
104 



115 



84 

120 



129 



RANDOLPH, EDWARD 

bearer of letter, 1681, from Charles 

II. ...... 130 

arrives with commissions for a new 

government 131 

RAWSON, EDWARD 

clerical aid by, in keeping records . vii 

appointed, 1647, to make final exam- 
ination of the book of 
laws before publication, 77 

1649, to arrange for print- 
ing supplement of 1050, 104 
1652, 1653, 1654, to select 

laws to go to the towns, 116, 117 
grant of land for services, 119 
1664, 1665, IGGG, to pre- 
pare laws for pub- 
lication . . . 121 
to make pref;ice and 
table to revision of 
1672 ... 123 



RAWSON, EDWARD, coniinnei. 

appointed 1G74, 1G80, to determine 
what acts of gen- 
eral court shall 
be printed. 124, 12G 

1680, to revise laws . 126 

1684, to prepare laws for 
press .... 128 

chiefly concerned in arranging tlie 

revision of lOGO .... 120 
REBELLION 

law in relation to, repealed, 1G81 . I2G 

RECORDS 

of colony, 1629-1686, published by 

State V 

of general court, published by the 

State .' . VI 

edited by Dr. 

Shurtleti' . . vi 

amended in sec- 
ond issue . xiv, xv 



148 



Index. 



RECORDS, continued. 

of general court, Lecliford's copy 
now in Boston 
Public Libra- 
ry . . vii, xvii 

entry in Lecbford's 
note book con- 
cerning . . ix 

ownersbip by Gov. 
Endicott and 
otbers . . ii, x 

comparison of 
Shurtk'ff's Vol. 
III. with Lech- 
ford's copy . X, xi, xii 

old volumes cited 

in 1052 . . viii 

prii\ ision for tran- 
scribing . 

transcribed by Jo 
scpli Hills 

list of references 
in, to laws sub- 
sequent to code 
of 1C49 . 

entries in regard 
to laws enacted 
between 1650 
and 1660 . 

subsequent to pub- 
lication of re- 
vision of IGCO . 



viii, 78 



80 



114 



120 



X, Xlll 

98 
100 
102 

97 
8S 
86 



REC0RD.«1, continued. 

of court of assistants, 1C4 1-1644, con 

tainedin Lechford's copy 
of county courts, references in, to 
code of 164D, Suffolk 
Essex 
of county code of 1649, Middlesex 
of selectmen of Boston, citations of 

code of 1649 in . . . 
of Connecticut colony 
of New Haven colony 
RICHARDS, .JOHN 

appointed, 1679, 1680, 1685, to revise 

laws .... 125, 126, 129 

reports, 1685, revised draft . . 129 
sent to the king, 1682, as agent of 

colonv ...... 130 

RICHARDSON; JOHN 

divorce ca.«e ..... 99 

ROGERS, NATHANIEL 

appointed from Essex county, 1645, 
on commission to draft body of 

laws ' . 73 

ROXBUKY 

sends deputies to general court, 1634, 4 

deputies of, 1639, to prepare code of 

laws 7 

RUSSELL, RICHARD (Treasurer) 
allowance, 1651, fur loss incurred 

upon edition of laws of 1649. . 85 

appointed to see revision of 1673 

through the press . . . . 123 



SAFE IN, JOHN 

appointed, 1684, to prepare laws for 

press 12S 

reports, 1685, a revised draft . . 129 

SALEJI 

sends deputies to general court, 

1634 4 

S.\UGUS 

sends deputies to general court, 

1634 4 

SAVAGE, CAPT. THOMAS 

appointed, 1636, to revise laws fur 

publication . . . . . 117 
SEAL 

of colonv, ])urchasc and custodv of . 124 
SECOND isOOIv OF THE LAU'S 

(see Laws). 
SECRETAUV 

(Increase Nowell, 16:16-16:,0. Ed- 
ward Rawson, 16.")()-168.">. ) 
to transcribe old records, 1652 . . viii 
to print laws . . . . . 71 

to compare amendments ... 77 

to jircpare journal .... 78 

to print sui)i)Iement, 1649 . . 104 

of committnv on Lex Mcrcntoria . 115 
to examine laws, 1656 . . . 116 
to send laws to press, 1657 . . 117 
grant of land for services . . 1 19 

to examine laws, 1665-66. . . 121 

to make preface, etc., 1672 . . 123 

to revise laws, 16S4 .... 128 

1C74, 1680, to determine wliat acts of 

general court shall be printed 124, 126 
SERGE ANT-MA.TOK-GEXEKAL 
( Tlionins Ihidhy) 
authorized, 1644, to make laws for 

the well-ordering of the army . 72 



SEWALL, SAMUEL 

requested, 1685, to oversee printing 

of revised body of laws . . . 129 
extracts from diary of, as to dispute 

between magistrates and deputies, 131, 133 
SHAW. CHARLES 

citation from his History of Boston . 96, 97 
sham; WILLIAM S. 

librarian of Boston Athenaeum, 1813 

to 1822 10 

SHEPHERD, REV. THOMAS 

deputed, 1636, to make draft of 

" Fundamentals " . . 5 

1637, to codify drafts pre- 
sented from the towns . 6 
appointed from Middlesex county, 
1645, on commission to draft body 
of laws ...... 

SHIPPING 

owners and builders to make and 
present laws, 1644, to general 
court ...... 

acts of trade and navigation ordered, 

1681, to be published and observed, 

revision of maritime laws . . 

SHURTLEFF, DR. NATHANIEL B. 

editor of records of general court 

and assistants .... vi 

printed edition of records amended 

in second issue .... xiv, xv 

SMITH, CAPT. JOHN 

appointed, 1685, to revise body of 

laws 129 

SNOW, DR. CALEB H. 

citation from his " History of Bos- 
ton " 96 

SON, REBELLIOUS 

law in relation to, reijealed, 1681 . 126 



73,79 



72 



126 
114 



l)i(lex. 



14i) 



SPENCEIi, }y III. I AM 

ileputcil, 1637, to ri'visp drafts of laws 
prost'Mteil from tlic towns 
SPRAGUE, rjl'-r. lUCIlARD 

appointed, 1()44, to examini" Belling- 

liani's revision of laws . 
reports, 1C85, revised draft of laws . 
STEVENS. WILL/AM 

appointed 1(144, to examine liellins;- 
liani's revision of I;iws . 
SrODDAIW, ANTIIOW 

appointed, 1*105, to prepare laws for 
piililieation . 
1679, 1680. to revise 
laws . . lli 

STORY. .JOSEPIl 

appointed, 1812, on eoniniittee to ))re- 
pare for iiublieation " Ancient 
Charters and General Laws" 



sToaaiiTvx. william 

j deputed, l(!3!t, to prepare code of law.'- 7 

li 1671, to see revision of 

I 1671' through the press . 123 

I 1680, to revise laws . lL'5 

''I made ili'|>uty governor, 1686. uiiiler 

1211 eonnni>sion of James II. 131 

i SUFFOLK COUNTY 

eomnu>sioners appointed from. li;4."i. 
7'-' to draft body of laws . . . 71! 

eitations from code of 164!) in court 

nies 98 

l-.'l SYMiiyOS. SAMUEL 

appointed, 1641, on sub-committee 
1-6 to examine drafi of 

body of laws . 74 

1654, to edit laws for 

publicatioti . . 116 



T.WKS 

levied by court of assistants 

sole power to levy, vested in general 
court. 1634 ..... 
TIIOROWGOOD, THOMAS 

copy of code of 164',l received by 

citations from code of 1649 in his 
" Jewcs in America " . 

title '■ Kcclesiastical," in code of 
1649, quoted bv .... 
TKL.ASUIiEK (liici'iAni) I!issi;i,i.) 

allowance, 1651, of f20 for loss 
incurred upon edition of laws of 
1649 

to have copy of laws without pay- 
ment 



'IKK.VSUKFI! (HiciiARD Kns.si:i.i.), 

3 contimted, 

distribution of books of laws (ICSO) 

4 hy . .... 119 
to ])ay for printinu: of, and to dispose 

si; of revision of 1(172 123 

to purchase seal and screw of e.\eeii- 
9:; tri\ of Gov. Leverett 124 

to p.ay Uev. William Hubbard t.'iii 
UI6 for services in coniiiiling history 

of colony . . . . . 128 

■ TRUMUUhL. J. IIAMMOXD 
{ code of Connecticut laws printed bv, 86 

85 . TYNG, WHAJAM » 

I appointed, 1647, on committee to 

115 I prepare laws for the press . . 76 



u 



UPIIAM, WILLIAM P. 

examination of Lechfords copy of 

records by i.\, .xiii 

suggestion as to citations from code 

of 1649 in Suftblk court tiles . 97 



USHER. JOHN 

publication of revision of 11172 by, 

copyright voted for seven years, 123, 124 



VAXE. IIEXRY 
governor, 1636, 



deputed to make draft of "Fundamentals" 



w 



council of, authorized to make and 
execute laws for the well-onlering 
of the army .... 

^\^ARD, REV. XATIIANIEL 

deputed, 1637, to revise drafts of 
laws presented from the 
towns .... 

1645, from Essex county, 
on commission to draft 
bod}' of laws . . 

1646, on sub-committee, to 
examine draft of body of 
Jaws . . . " . 



73 



r4. ,so 



WARD, REV. XATIIAXIEL. contimted. 
model of form of government framed 
l.y . . ^ . 
adopted in 1641 . 
known as " liody of Libertie.-' "' . 
memoir of ..... 

strange words used bv {nofc) . 
WARD, ^WILLIAM 

appointed, 1644, to examine Helling- 
ham's revision of laws . 
WAITE, CAPT. -JOllX 

of Charlestown. allowance to. for 

copying book of laws, 1647 . 
apiiointed, 1680, to revise laws 



7, 120 



18 
19 



1 1 
125 



150 



Index. 



AVATEUTOWN 

sfiuls (lo|)Utics to goniTal court, lli^U, 

\viiiPPiN(; 

intlictud by ordtT of court of assisi- 
auts ...... 

WILLOUGUnV, FRANCIS _ 

appoiututl on committee, 1G50, to re- 
vise Miariti'ue laws 

\v[yri[Roi\ .lOiiN 

deputed, lOS.'i, to uiake a draft of law s, 
Kil'iTi, deputy goveruor 
l(i;;7, KioO, jiovernor . 
.share of, iu preparation of Body 
of I.ilierties ..... 
apimintrd, KUfi. on couunittee to 
]iei-fect draft of body of 
laws .... 



l.s 



WIXTllROP, JOHN, continued. 

appointed, IG-t7, on comniiltee to 
prepare laws for the 
(iress .... 
I()42-13, to revise orders 
of court and Body of 
Liberties 
WOUn OF GOD 

causes to be delerniined by, in ali- 

sence of statute law 
committee appointed to revise laws 

in accordance with 
magistrates to i)roceed accordinc; to, 

in absence of express Law 
ordinances of war to be esfaldishcd 
aixreeable to . 



12.> 

72 



^CJ\ 




SPECIAL IXTEODLCTIOX 



LAWS OE 1()T2. 



INTEODUCTION. 



The City Council of Boston in 1887 directed the Record 
Commissioners to prepare and publish an edition of tlie Colonial 
Laws in force jn-ior to the Second Charter, and the foUoAving- 
volume Avas the result. 

The various issues of Laws under the First oi- Colonial Char- 
ter were as follows: Li 164:1 the Body of Liberties was prepared 
by Rev. K'athaniel Ward, of Ipswich, and, after revision, was 
adopted for three years by order of the General Court. It was 
probably never printed, but in 1843 the late Francis C. Gray 
announced that a manuscript copy had been discovei-ed b}- him in 
a volume preserved in the Boston Athena?um. A careful tran- 
script was published by him in the Collections of the Massachu- 
setts Historical Society, 3d Scries, Vol. YIII. 

In 101:9 the first edition of the Laws of the Colony was 
printed; but that issue seems to be utterly lost and luiattainablc. 

Supplements were printed from time to time, and in IGGO a 
second Revision was put to press. Copies of this second edition 
are extant in various librai-ies. The third Revision was pub- 
lished in 1G72, and is hereinafter i-eproduced. Sujii^lements were 
afterwards issued, consisting sometimes of a single act, until the 
overthrow of the Colonial government and the termination of the 
First Charter, May 20, 1686. Under Andros the foi-m of the laws 
was entirely altered; but with the Second Charter, establishing the 
Pi'ovince of Massachusetts Bay, the old foi-ms of legislation were 
revived. As is well known, the Acts and Resolves of the Prov- 
ince are in course of republication, under the able supervision of 
Abner C. Goodell, the first volume bearing date in 1869. The 
earliest act in that series is dated I^ov. 10, 1692. 



IV Inlrodnction. 

The edition of 1G72 was selected as the basis for this repro- 
duction because it afforded a certainty as to the legishition on and 
after that date. Every revision is apt to contain not only the sub- 
stance of previous statutes, but such changes as seem to the 
editors to be imperatively demanded. The edition of 1(3G0, if re- 
printed with all its Supplements, would not have rendered unneces- 
sary the reprinting of the edition of 1G72. Since this first reprint, 
the City Council has directed tlie issue of a reprint of the Laws 
of 1()G0. The Bibliographical Preface in its present form Avill 
hereafter be printed with all issues of either the edition of IGGO 
or of that of 1G72. 

The present volume is reproduced from an original, by the 
l^hoto-electrotype process. After a careful consideration of the 
subject, it a])peared that the slightly increased cost of the plates 
over ordinary type-work was counterbalanced hj the saving in 
pi'oof-reading, cori-ections, and special types. By this jjrocess 
the reader has before him what is. in theory, an exact reproduction 
of the original i)rinted pages, pi'inted in regular form Avith print- 
ers"' ink. Every peculiarity of the original is reproduced, even to 
the eri'ors of the text, the impei-fections of the type, and the 
quaint ornaments of the titles. Xo proof-reader can pretend to 
grcatei" accuracy than the camera; and, where an error in sense is 
ol)vious, the student feels sure that the mistake was in the original. 

But, as most human inventions fall short of perfection, it must 
be added that photography is not quite infallible. The imperfec- 
tions of the original are exaggerated, the shadows caused by the 
deep impressions of the types cause a raggedness in the copy, and 
occasionally a blurred letter barely discernible in the old text be- 
comes nothing but a blot in the new. Then the plate requires the 
touch of the graver's tool to correct the outline, or a letter has 
to be cut out and replaced by a type. Herein, alone, there is a 
possibility of en-or, and that possibility is, dotibtless, less than 
that of an oversight on the part of a pi'oof-reader in case the 
entiri" volume has been set up with modern type. Every possible 
care has been taken by icjieated collations of each page of the 
new with its original, and it is confidently hoped that the errors, 
at most, are of single letters, not affecting the sense, and easily 
corrected bv the context. 



Tntroductton. v 

My Iho kindness of the Trustees of the Boston .Vthena'uni, 1 
have had the assistance of a line copy of the edition of 1G72, with 
the Supplements, now presei-ved in that Uhraiy. It is a vohime 
unequalled 1)y any other extant, and is as near a perfect collection 
as call be imagined. It was the property of Elisha Hutchinson, 
who died in 1717, and who was the grandfather of Gov. Thomas 
Hutchinson. Mr. F. C. Gray has pointed out that tliis volume 
contains the only knoAvn copy of the Body of Liberties of 1(341 ; it 
also contains the Laws of 1G72, and eveiy printed Supplement 
which has yet been found anywhere. I have suljjoined a particu- 
lar account of these Supplements, and will only say that ample 
space is left in my edition for the insertion of any new discoveries 
or recoveries. 



The great difficulty, in deciding upon the completeness of the 
transcript here given, is, that Secretary Rawson made serious 
errors in the pagination of his successive issues. To establish this 
point the reader is referred to the pages numbered (in large 
type) 211-216. He will see that even at that earl}' stage of the 
pagination there are tAvo sets of pages numbered 11, 12, and 13, 
in the original. Evidently Rawson discovered his mistake, and 
corrected it, making his issue of October 7, 1671, begin with the 
proper page, 17. But he did not get his signatures (at the foot of 
the page) correct again, until he reached page 2.3 (m}'^ page 225), 
with signature G, as he put signature D on page 19. 

In due order pages 17 and 18 should have been signatui-e D; 
pages 19, 20, and 21, signature E; page 223, signature F; and 
page 25 (225), signature G, as it stands. 

Since my former issues of this book, a title-page to the Laws 
of October and ^N^ovember, 167o, was found in the Library' of Con- 
gress. This of course filled p. 223, and I have no\v 2)ut it in place, 
transferring the Cotnicil Order of August 30, 1675, to my Appen- 
dix, p. 336. Still, I am not quite positive tliat no broadside of 
Laws was issued, because there was a brief session of the (Jeneral 
Court on Jul}' 9, 1675, and some matters were real]}' laws. But 
Hutchinson notes in Avriting on his copy, page 21, as folloAvs : — 

"July 9, 1675. That part of y" Law, page 78, Impowering 



vj Tnlvoduction . 

the Treasurer to license persons to sell Ai-mes, etc., to the Indians 
is hereby Repealed. Castle Sould'" not Exempt from Watches in 
any Extraordinary Cases." It is an almost unavoidable inference 
that, had these clauses been printed, Hutchinson would not have 
written them down. 

From page 25 to page 4.3, inclusive, everything in regu- 
lar order. Page 44 is doubtless the blank verso of page 43, 
and is so marked by Hutchinson, who, however, inserts at 
that point a Council Order, dated April 4, 1G76, printed by 
nie in the Appendix, i)age 337. So far as I can see there is no 
exception to the rule of counting only the laws passed by the 
General Court, and also of allowing in tlie pagination for blank 
versos. 

Pages 45-48 inclusive are correct, and then Pawson be- 
gins the LaAvs of May 23, 1G7T, with page 49, in due regu- 
lar course. But Hutchinson puts into his copy at this point 
the Coui-t Order of May 3, 1G76, printed by me as page 24Sa; 
and also a Court Order of ]May 3, IGTG, printed by me in 
the Appendix, page 337; three pages of Laws about Ty!hing- 
men (Appendix, images 339-341) ; a Council Order of March 20, 
1G77 (see my Appendix, page 345) ; and a Council Order of April 
9, 1G77 (see my Appendix, page 347). 

It will be noted that I have inserted in the text at this 
point extra page 24Sa, Avith its blank verso. This I do be- 
cause it seems to be an official publication, Avith the Colony 
seal to it, though I i'ail to find any such laAv recorded in 
the official record, and although Hutchinson had Avritten, at 
the foot of his page 4S, "There Avas no more laAvs made in 
this year 1()7G.''' KaAvson makes page 49, in regular course, sig- 
natui'e ^I, and evidently did not recognize this extra sheet. I 
therefore insert it, but do not include it in my ucav pagination. 

From this point, through page 72, the paging is regular, but 
on page G3 the signature is G3, an error for 03, and page 77 is 
not numbei-ed. But from page 73 to page 87 thei-e is a mani- 
fest blunder again, or there are pages missing in Hutchinson's 
copy. 



IntroducHon. ^71 

Page 73 is doubtless the blank page of a four-page issue, of 
which pages 74 and 75 are printed. It is so numbered in Hutch- 
inson. Then there is a similar four-page sheet, Avith printing 
on the. two inside images only (my pages 2T7-2S0), dated May 

10, 1680, and not numbered. Then comes signature S, pages 
77-79, dated Oct. 13, 1680; next a single page (Laws of March 
4, 1680, my page 2S5) ; and we then come to pages 87-92, 
signatui-e AV. 

It will be seen that the simple plan of counting the blank 
versos and titles to four page-sheets will bring page 87 into its 
i-ight place as my page 287. It is also seen that signature 
T is missing, but undoubtedly belongs to my page 285. But 
I am not sure that there was not another broadside of one page 
printed, because at this point Hutchinson inserts in manuscript 
certain Laws jjassed at the General Court, 16 March, 1680-1. 
These I have printed in my Appendix, page 351. 

Pages 87-92 are all in order, as signature W. Pages 93-96 
make signature X. But here Hutchinson inserts the Law of May 
24, 1682, concerning foreign coin, which I have uumbered 202a, 
so as to retain the old paging. This may be the missing signature 
W, though it is not allowed for in the original paging. 

After page 96 Hutchinson inserts two pages of Laws of Oct. 

11, 1682, which I print as pages 296a and 29Gb. These are 
genuine, and there seems to be no reason for this omission in 
Rawson's calculations. 

But Eawson begins his Laws for February and March, 1682-3, 
Avith signature Y, pages 97-99; then prints the LaAvs of October 10, 
1683, as pages 98-99; signature Y also (thus duplicating pages 
98-99), as the inside pages of a four-page issue; and again i)rints 
pages 100-101, signature Z, as the inside pages of a sheet, being 
the LaAvs of May 7, 1684. 

Then RaAVSon makes page 103 his signatui-e Aa. 

Now, it is evident that from page 97 onAvard the reckoning Avas 
lost. Signatures Aa, Bb, and Cc, coA^er pages 103-111, but signa- 
ture Dd is pages 121-123, and signature Ee is pages 125-126. 
It is impossible to resist the surmise that 121 was a mistake for 
112. IJutchinsou has preserved several of the sheets, but not 



VIII Introduction. 

enough to account for the gap from page 111 to 121, and yet he 
may liave collected all that there were. 

In this state of affairs I have printed all the sheets in Hutch- 
inson, allowing blank pages for versos, etc., and have kept my new 
continuous pagination at the top, for convenience in reference. 

In detail, I note that page lOG is evidently a blank verso ; but 
signatui'e Bb ends with a blank i)age, verso to 100, and signatui-e 
Cc (page 110-111) is a four-page sheet, with only the inside pages 
in print: yet the paging makes no account of the blanks. 

After page 111 Hutchinson inserts a Law of January 23, 1681- 
5 (my page 327), and a manuscript copy of the Law of March 18, 
KiSl-.j (pi'inted in my Appendix, page 5J5). He states that this 
I^aw was engrossed and jjublished by the order of the Court, and 
left on file; hence a printed copy ma}^ yet be found. If that 
Law covei-ed the inside pages of a four-page sheet, and all 
the blank versos wei'e counted after page 109, we might make 
out to l)egin signature Dd with page 121, as Rawson did. It 
is to be noted, also, that there was a short session of the 
General C'ouit on May G, lG8o, and a Law was passed amendatory 
of the Law of March 18 j^revious. This may have also been 
i:)i'inted, and have helped to fdl out the apparent gap in the pagi- 
nation. 

Ilulchinson also inserts a Coiincil Order of April 2, 1G8.J, 
concerning Gotle, the Pirate (see my Appendix, page 335). 

It is to l)c noted that in this last sheet the Laws relating to 
Imposts and to ^Vills were passed May 27, 1G85, and that inserted 
between tlieni are the Laws i-elating to Fences, to Treasurers, and 
to Attachments, passed Oct. 11, IGS.Ji. There were other meetings 
of the Genera] Court between these dates. 



The old Index of 1()72 was reprinted as an integral part of 
the book, but a new Index, comj^rising tlie whole volume, has 
Ik'CU jn-epared by Mr. Frederick E. Goodrich of this city. 



Iiitroditc/ioti. IX 

Tlic errata noted in the former editions of tliis reprint have 
been corrected. 

!Note, that in the original the imjiression of the Colony Seal 
faces the title-page, but in this issue it is put on the verso of 
the title. 



Lastly, I Avould give the unnecessary caution that all the 
surmises and explanations made in this preface do not aftect the 
integi'it}' of the text. I have reprinted every known supplement, 
and have left enough blank jjages for corrections. Whether or 
not a few more pages will ever be found, I believe the reader has 
an exact transcript of a unique text, the very best one obtainable. 

I would earnestly request any one who may note any errors 
in this edition, or any additions to the text, to communicate with 
me, as the plates are preserved for future issues. 

WILLIAM H. WIIITMOKE, 

Record Commissioner. 

City Hall, Boston, Koveiuber, 1890. 



THE gE:^CEKJL 

LAWS 

LIBERT lES 

of the 

MASSACHUSETS 

C L :^C Y: 

l^ifcd (^%^-frinted. 

By Ordet of the General Court Holden at Bo^m^ 
Ma^ j^tb. 7672. 

Edward %awron Seer, 



Wbofoever tbenfore reflfteth the Power, refjleththe Jrdinanceof Cod and 
thry that rcfji receive to thcmf elves Damnation. Rom. 13.2. 



C^M'BRIDCE 

Trinted hy Samuel Green, f or fohn Vjher of^ojlon, 

1672, 




THE GENERALL 

LAWS 

OF THE tJHASSACHVSSrs 

COLONY, 

REVISED AND PUBLISHED, BY 
ORDER OF THE 

GENERAL COURT 

m Oliokr i6jS. 



Orafniuch as the free fruiUon of fuch Libertiei, Immunities, Trivi' 

ledjes, as Humanity^ Ctvillity and Chrijtianity call for ^ as due to The civiipr^;-. 

every Man t» hts Place and Troportion^vpUhcut lynteachmem and ledgfi oi the lo- 

T X • I 1 ■ ,,1-1-' I- J "'"nts 01 tbr. 



H Infringement, hath eve,- been, and ever mil he, the Tranquility and coUi'ny. 

_J|L^ Stabtlity of Churches and Comtnon-wealth^ and the denya/l or de- 
frival thereof, the dtjiurbance, if not rmne of both. 

It is therefore Ordered by this Court and the Authority thereof. That no 
mans life fhall be taken away, no mans Honour or good Name fhall be ftained, 
no mans perlbn fhall be arrefted, reftraincd, banifhed, difmembred, nor any 
v/ayes punifhed;; no man (hall be deprived of his wife or children, no mans 
goods or eftate fhall be taken away from him, nor any wayes indamagcd, 
under colour of Law, or countenance of Authorit^', unlefs it be by virtue or 
equity of fome exprefs Law of the Country warranting the fame, eftablifhcd 
by a General Court, and fufhcientiypubliflicd; or mcafe of the defe<fl of a 
LaWjinany particular cafe, by the word of God. And in Capital Cafes, or in 
Cafes concerning difmembring, or banifhment, according to that word, to be 
judged by the Gcnerall Court. {] /tf^/.J 

nihility. Jige. 

TT is Ordered by this Court and the Authority thereof ^ That the age for '^P of difcre- 
-1 paffing away Lands, or fuch kinde of Hereditaments, or for giving of Votes, 

Verdicfls or Sentences in any avil Courts or caufes, fhall be one and twenty 
years, but in chufing Guardians, fourteen years. And all pcrfons cf the age pofrtflj""''' ' 
of one and twenty years, as aforefaid, and of underflanding and mcmory,whe- 
ther excommunicate, condemned, or other, fhall have full power and liberty, 
to niake their Wills and Teftaments, and other lawfull Alienations of their 
lards and Eftates. \_1641. 47 J 

B a^^e 



Age for Plaintiffs. eAdions. 



^ge for Tlantifs and Defendantr. 

IT is Ordered by this Court and the Authority hereof, that the age for 
fUntiffs and ^Defendants in civil Cafes, before any Magiftrate, Commif- 
fioner or Court of Judicature,fhalJ be twenty one years of age, and for all 
j>erCQns unde: that a.g(, then Parents, Majlcrs, and Guardicms as they fhaU 
fee meetfhall plead and defend their right and interefl, as the noatter may 
require; and in all Criminal cafes, every perfon younger as well as elder, 
fhall be liable to anfwcr in their own perfons, forfuch mifdemeanours as they 
(hall be accufed of, and may alfo infoim and prefent any mifdemeanour to 
anyMagiftrate, Grand-jury man, or Court, any Law, Cuilome or Ufage to 
the contrary notwithftanding. \_i66s.'} 



IT is Ordered by this Court and the Authority thereof; That all Anions 
^^^ of Debt, Accounts, Slander, and A<!^ions of the Cafe concerning Debts 

'^ and Accounts, fhall henceforth be tryed, where the PlaintifFe pleafeth, fo it be 

in the Jurifdi^ion of that Court, where the PlaintiiFc or defendant- dwelleth, 
unlefs by confent, under both their hands it doth appear, they would have the 
cafe tryed in any other Court. All other Anions (hall be tryed, within that 
Jurifdi(!\ion where the caufe of the Ad^ion doth arife. 

i.Whereas fundry Inconveniences do arife, by reafon that Plaintiffs in 
Civil Cafes do delay to Lnter ihen jidions, to the great evfence of much 
pecwus time, and damage to the 'Publickj. 
o^Ka\M^$"'^ This Court doth therefore Order, That henceforth no A(f\ion {hall be 
Entrcd after the firft day of the Court is ended. And in cafe any Plaintiff 
ihall delay his Entry longer then the firft Forenoon. of the Courts fitting, 
every fuch perfon or perfons fhall pay double Entry-money. And all per- 
fons, whether Parties or Witneffes, are cnjoynedto attend their refpeuive 
Concerns in every Court of juftice, as well the firft rorenoon of the Court, 
as aftei wards ; and fhall prefent the whole Plea and Evidence before the 
Cafe be committed to the Jury, and no after-Plea or evidence fhall be admitted 
to anyperfon, Any LaWjUfageor Cuftometo the contrary notwithftanding. 
And for that end ,all Marlhalis and Conftables are enjoyned to make their 
Returns of Attachments by them ferved,fometime the firft Forenoon of the 
Court that is to take cognizance of the Cafe concerned therein. Provided, 
That the double Entry-money be paid by him that fonegleds his Entry, and 
notputtheDcfendanttounneceflary charge through his default. \_ i66s.^ 

AAioDsof trrf- 3- in all Aftions of Trefpafs, where Damage fhall be pretended, a- 

V'f> ""<*" f"f bove Foriy pullitigs, and yet on the hearing thereof, it fhall appear to the 
tyftii ijgs. Courttocomeunder that value, in all fuch Cafes, the Plamtiffc fhall lofe his 
Adion, and pay the Defendant coft. 

?tet for.Hntry 4. Every Perfsn impleading another, m any Court of Affiftants or 

«f Aftio.'s. County Coart, fhall pay thefumof ten /)i///^:^"i, before his Cafe be Entred ^ 

and for every Adion of abo\e forty Jhillmgs value, tryable before the Com- 

mifficners of Bojion , ten jhtlhngs ^ind for all A(flions under forty fhiUmgSy 
A. 5i p. 7. tryable before the faid Commiffioners. one Magiftrate, or the three Commif- 

iioners, for ending fmallCaufes, ten Crortfj, unlefs the Court feccaufe to ad- 

nuiany toiiMttn forma ^auf at s. [_id42. j2.J 

5, And 



Adiorts. Jffeal. 



5. And where the Debt or Damage recovered, fliall amount to Ten 

founds, in cvcr^y fuch cafe to p^y fivtjhillwis morcj and where it (hall amount ^'' AaToe'/.'^" 
to Twenty pounds or vfiv/ZTd, there to piy ten Jhillwgs more then the firft ten 
jhi/lw^s., ■which faid additions, together with the charge of the Entry of the 
i\(f\ion, fhall be put to the judgement and execution, to be leavied by the 
Marfliall, and accounted to the rcfpcdtive Treafurcrs to whom it appertauieth. 

6. Whtreoi the Country it put to great Chatge,byihis Courts attending 
Suns Commenced or Renewed by Petition or l^jview. 

It is Ordered that in all fuch cafes; if it appear to the Court, that the t'^'Zc^ 
Plauitiffc had no juft caufe of any fuch proceeding, the faid Plaintiffe fhall cou,i to bcir 
beat the whole charges of the Court, both for time and cxpcnccs, which they 'x^\c^'lj' 
fhall judge to be expended by bis occafion ; and may further impofe a fine 
upon hun, as the merit of the caufe (hall require; but if they finde the defen- 
dant in fault, they ihalJ impofe the juft charges upon fuch defendant. 



Ptihitfi" liberty 
10 wiilidiiw h:7 
Aflion. 



7. And in all Actions brought to any Court, the PlaintifTe fhall have 
liberty to withdraw his Aftion or to be non-fuitcd, before the jury have given 
in their verdid; in which cale, he (hall alwayes pay full cofts and charges to 
the defendant, and may afterward renicw his Suit at another Court. l">4i.2 

8. And it is Ordered, that no man in any Suit or A ftion againft another, rixtie 49 
thall falfely pretend great Damages or Debts, to vex his Adverfary ; and in '^' 

all cafes where It appears to the Court, that the Plaintiffe hath willingly and ^^""^"'j.Me 
wittingly done wrong to the Defendants in commencing and profecuting any 'LJ%1 v^a\: 
A6ion, Suit, Complaint or Inditement, in his own name, or in the name of ^"^ *°" ''''^'' 
others, he (haU pay treble damages to the party grieved, and be fined Forty 
JhtHrngs to the common Trcafury. [,1641. 46/} 



APPEAL. 



titcrty tf £p- 



1 ■^. « Ordered by this Court and the Authority thereof: That it fhall be 
J in the liberty of every man caft, condemned or Sentenced in any Infenour p«i 
Court, to make h.s Appeal to the Court of AlTiftants : as alfo to appeal from 
thefentenceof oneMagiiVratcor other perfons deputed to hear and deter- 
Tninefoallcaufes, unto the fhf?e Court of each Jurifdidion, where the caufe 
was determined Provided they tender their Appeal, and put in fecuritv b. ff'"" "'^' 
fore the Judges of the Court, to profecute it to%W\, and'^alfo to a t I a 1 "" 
damages, before execution granted; which (halInotbet.il twelve hours after 
Judgement, except by fpecial order of theCourt. And if the caufe be a inc.u.i«,..„ 

pearance at the lame time : and if the point of appeal, be in matter of I aw *'<'"' 
then to be determined by the Bench, /in matter of fa<fl byTh Ben hS 
Jury. And -^ -n the Court of AfT.Aants.twoof five, thrccof f'ven or fuch 
a proportion of the M.giftrates then prefent, fhall aduaiiy diffent f^om the 
fentence of the Court in any Cap.tall offence ,t fhali then blm the L W of 
the party fcntcnccd,t9appcflltoihenextGeneral Court ^ 

B 2 z It 



Appejis fo tf's 
Ocnttil Court 



A^feaU. j^ppearance. 



2. Ir is further Ordered j That all Appeals with the fecunty as aforcfaid, 
L. i. p. /. i^all b° recorded at the charge of the party Appealing, and certified unto the 

Court, ro which they ar;- made. And the parry Appealing, fhall briefly in 
Appelant to writing (v/ithoutrefle^incon Court or Parties, by provoijinr' Language ") 

Bite his rcafoni j l l- * . ■ i i ■ 'i ^, , '^r < y^ ' 

fix dayts before, wndcr his owH Or hi5 Aitumies hand, give in to the Clerk of the Couri 

from which he did Appeal, the Grounds and Rrafons of his Appeal, fix dayes 
A. //.p./. be/ore the beginning of the Court, to which he did Appeal: ro which Court 

the faid Clerk (hall return the faid writing, and give copies thereof to the De- 
""A^pearfon fcndant if he defire theftme. And whofoever ihall Appeal from the Scn- 
feit forty (hiji tcncc of any Court, and not profccute the fame to effe(ft, according to Law, 

fhall befides his Bond to the party, forfeit to the Country, the ivm of lortj/ 

fhi/lhi^s for every fuch neglect. 

3. jindforamcre dear (tnd equal hearing and determ'm'uig all Cafes q/" 
h.43-V-'9- appeal-. It is Ordered, That no perfon that h'ath fate as Judge, or voted in 
No Judge Ap. any infcriour Court, in that cafe he is Appealed from, fhall have any vote in 
^?'-''d eXa- ^^^ Superiour Court Appealed to, but the cafe fhall be determined by fuch 
Sion of ^Appeal as are HO wayes engaged in the fame, by Judging or Voting formerly : Pro- 
vided there be more Magiftrates Appealed to, then thofe that fate in the Court 

h.S4-'P-!' Appealed from. Andin ail cafes of Appeal, the Court Appealed to fhall 
^'n Red "" wht, J^dge the cafe, according to former Evidence, and no other, rectifying what is 
Totr'rifnB "the amifs therein ; and where the matter of fa<ff is found to agree with the former 
rvrn.ec judge- Couit,and the Judgement according to Law, not to revoke the Sentence or 
judgement, but to abate or increafe damages, as fhall be judged right j any 
ufe ox cuHomc to the contrary norwithflaudipg. [^11^4^.47.4 p-jo.sj.j^.^ 



raenc. 



A ppesl from the 



ON nwthn cf the Deputies of Dover atid Portfmouth, m behalf of 
niofl cf the Freemen there , That whereas they have power m then uiffo- 
in Dover and ciate Courts to ti)' ati^ Cafe under Twenty pounds, and pndmg no La^v woere 
ponfrr.ouih try. ^fc^j^j^., jippeal., but to the Court cf ^([iftants, the ^iTwns being manv times 
vtryfrtTall^ond is great charge to conn to Bofton/or every ftr.ali Caje: it is their de- 
fire, that the Court would grant them an Order^that anyperfon cop or condemned, 
may yippeal to the County Court held in Dover or Portfmouth, and fhalfouic per- 
fans may have Aiagijiratical Power in that County as formerly : 

The Couitjudgethit meet to grant their requeft^ And it is Ordered that 
hencetcithitfhall beinthe liberty of PlaintifFe and Defendant, in all Cefes 
tryable, before the Couit of Affociatesin Portfmouth zv^A Dover, to ApptaJ to 
their next County Court in Dover or Portfmouth, as in other cafes, any cuftome 
or ufage to the contrary notwithflanding. [ 1670. ] 



^ppccrcmcc. Non-appearance. 

I T is Orderedby this Court and the Authority thereof i That no man fhall be 
^^nTmea/'°«. * pimifhcd for not appearing at or before any Civil Aflembly, Court, Council, 
l"(, of inevUa- Magiftratc ov Ofhcct, nor for thc ominion of any Office or Sei vice:, if he fhall 
Mc ob.troaion. be neccflkniy kindred, by any apparent Ad or Providence of God, which he 

could neither forefec nor avoid ; Provided that this Law fhall not prejudice a n)^ 

jiiiTon of his juil coft and damate in civil adion. ['*-*'• 3 , 

^ffaret . 



syip^arel. 



APPAREL.. 



A' 



Lthou£h fereral 'Declarations and Orders have been made by this Ccwt^ 
i agamfi excefs in Apparel, both of Men and Women, v^'tch have not ta- A. 5i.p 5j 
ken that efeil as were to be defrcd, but on the contrary ; we cannot but to 
9ur grief take notice, that intoilcrable excefs and bravery hath crept in upon 
ttSy and efpecially amongji people of mean condition, to the diflmwur of God, r • ^ . . 
the fcandall of cut profejfwn, the eonfumption of Efiates, and altogether un- rJiptohibUtX " 
fuitable to our poverty : and although we acknowledge it to be a matter of 
much diffcilty, in regard of the blindntfs of mens mmds, andthe fluhborhefs 
of their wills, to fet down exaH Rules to confine all forts of perfons ; yet we 
cannot but account it our duty, to commend itnto all forts offerfons, thefobef 
find moderate ufe of thofe bkjfmgs, which beyond expeiiation, the Loi-d hath 
been pleafed to afford unto us in this.wildernefi^ and alfo to declare, our utter 
detejiation and diflike, that men or women of mean condition, Jhould take 
upon them the garb of Gentlemen, by wearing ^old or Silver lace, or 
Buttons, or Points at their k^ees, or to walk^ in great Boots ; or Women of 
the fame ranh^to wear Silk,or Tiffiny hoods, or Scarf es^ which though allow- 
able to perfons of greater EJiotes, or more liberal education, yet we cannoP 
but judge it intollerable in perfons of fuch like condition: 

It is therefore Ordered by this Court and the Authority thereof j that 
no perfpn within this Jurifdiftion, nor any of their relations depending 
upon them, whofe vifible eftates real and perfonal, (hall not exceed the 
true and indifferent value of two hundred pounds , fhall wear any Gold ot 
Silver lace, or Gold and Silver Buttons, or any bone lace above two iTiil- 
lings per yard, or filk hoods, or fcarfs, upon the penalty of ten Jhillings for 
every fuch offence, and every fuch delinquent to be prefentcd by the 
Grand-jury j ^nd forafmuch as dijiinil and particular rules in this cafe 
futtable to the cflate or quality of each perfon cannot' eafly be given : It is 
further Ordered by the Authority aforefaid, that the Seleft Men of every 
Town, or the Major part of them, are hereby enabled and required from 
time to time, to have regard, and take notice of Apparel of any of the 
Inhabitants of their feverall Towns refpedively, and whofoever they fhall 
jndge to exceed their ranks and abiHties, in the coftliliefs or fafhion of their 
Apparel in any refpe<n, efpecially m the wearing of Ribbonds or great 
Boots, ( Leather being fo fcarce a commodity in this Country ) Lace, Points, 
&c. .Silk Hoods, orScarfes, the Seleft men aforefaid (hall have power to 
aflefs fuch perfons fo offending in any of the particulars above mentioned 
in the Country Rates, at two hundred pounds ejlates, according to that propor- 
tion that fuch men ufe to pay to whom fuch Apparrel is fuitable and allowed, 
Provided this Law fhall not extend to the reftraint of any Magiftrate or pub- 
lick Officer of this Jurifdiftion, their Wives and Children, who are left to 
their difcretion in wearing of Apparel, or. any fetled Military Office;, or 
Souldier in the time of Military fervice, or any other whofe education and 
employment have been above the ordinary degree, or whofe eftate have been 
confiderable, though now decayed. [_i6ji.2 

As an Addition to the Laws about Apparel. 

WNcreas excefs in Apparel amongft us, unbecoming a Wildirnefs-condi- 
ticn, and the prof effm of the Gcjlel, whereby the 'Rjflng Gen.ration are 



f Arrejis. 

in danger to he Corrupted and Effeminated •^. vohich prcidifes are witnejfed a- 
gainfloy the Larvs of God^ andfundry Civil and ChriJiian'Nations : 

It is therefore Ordered and Enaded by this Court, and the Authority 
itfhT]!^f^ni thereof, That all perfons within this Jurifdiaion, whether the Children, or 
Servants that are under government in Families, that fhall wear any Apparel 
exceeding the quality and condition of their Perfons orEftate, or that is appa- 
rently contrary to ihe ends of Apparel j and either of thefe to be fo judged by 
the Grand-jury and County Court of that Shire where fuch complaint or 
prefentment is made : All fuch perfons being Convided, fhall for the firfi 
offence be Admonilhed ■■, for the fecond offence pay a fine of twenty (hil- 
lings i for the third offence, forty fhillings , and fo following, as the offences 
are multiplied, to pay forty fhillings a time to the Treafury of that Countv. 
Alfoif any Taylor (hall make or fafhion any Garment for fuch Children or 
Servants under government as aforefaid, contrary to the mind and order of 
their Parents or Governours ; every fuch Taylor fhall for the firft offence ht 
Admonilhed ^ and for the fecond offence, forfeit double the value of fuch Ap- 
parel or Garment as he (hall falliion or make, contrary to themindc and order 
of their Parents or Governours \ half to the Owner, and half to the Country. 
And all Grand-jury men are hereby enjoyned to Preient all thofe whom they 
do judge breakers of this Order. [,166^2 



ARRESTS. 



IT is Ordered by this Court and the Authority thereof; That no mans 
perfon (hall be Arretted or Imprifoned for any Debt or Fine, if the Law 
in prifon for can findc any competent means of fatisfadion, ctherwaycs f:om his ef^ate, 
uot Mf^tisfie* ( except in fpccial Contrads, as in the Law of Payments) And if not, his 
perfon may be Arretted and Imprifoned, where he fhall be kept at bis own 
charge, not the Plaintiffs, till fatisfa^ion be made, unlefs the Court that 
had cognizance of the caufe, or fome fuperiour Court (hall otherwife deter- 
mine ; provided neverthelefs, that no mans perfon fhall be kept in prifon for 
debt, but when there is an appearance of fome e(\ate which he will not pro- 
duce, to which end, any Court or CommKTiofters Authorized by the Gene- 
ral Court may Adminifter an Oath to the party, or any other fufped^ed 
to be privy in concealing his eftate, but (hall fatisfie by fcrvice if the Cre- 
ditor require it j but fhaJI not be fold to any but of the Engli(h Nation. 

It is Ordered, That when any perfons are Committed to Prifon in 
ITieKctpers dir- any Civil Adfion, the Keepers of the Prifon (hall not (land charged with 
rtargc ot pri- their fupply of Vi<ftuals, or other Neceffarics. And in cafe the Prifoner 
hath no Eftate, and will be depofcd before any Magiflrate, that he is not 
worth five pounds, the Plaintiff fhall provide for his relief, or otherwife 
the Keeper (hall not ftand charged with him : and all fuch charges the 
Plaintiff (hall have power to levy wJth the Execution, before the party be de- 
livered from Frifon. 



Complaint 



Attachments. Summons, 



r^Omp'uiint being made to this Courts of ahup cjfend to ftlJlicCy through U- 
ha-ty gravLtcd, by the Keepers of th^ Fnfo-/:i, to fush £crjhns as fiand 
C'jmmiitcd jor payment of fines ^ and on fxccuticn gra-Ated in Civil Cafes : 
This Court do Order ^ That no pcrfon or perfons Gomniitted as a- 
bovefaid, fhall be permitted by the Keeper of the Prifoii, to go at liberty ^r'^^^"\'f J'^ 
without the pitcinfls of the Prifon, but by the Licenfe of the Court that °""' "^^"' 
Committed him, or of the Creditor for uhom Ei.ecution is granted; on 
penalty of paying the fine impofed, and faiisfadion of the Execntion in 
any Civil Cafe. ^ i662~} 



A 



1 



T IS Ordered, that the Keeper of the Prifon for the time being, fhall 
henceforth have the fame liberty that the Marfliall hath in all Civil Cs- t^J-VTcsliic!'^ 
fes; to take fufficient Bayle after Commitment asuSe Marlhall might be- 
fore Commitment. [ i662.~\ 



jittachmercts. Summons, 



IT IS Ordered by this Court and Authority thereof; That itfhail be the l__j. ,- 12. 
liberty of every Plaintiff, to take out either Summons or Attachments 
againft ariy Defendant; Provided no Attachment fhall be granted in any '^'','"^^f'.!^^J!c!i*!, 
Civil Adfion, to any Forreigner, againft a fetied Inhabitant in this Jurifdi- 01 Aic:,cWc'nt«; 
£\ion, before he hath given fufficient fecurity or caution, to profecutc his f-o„cign piain- 
ACtion, and to anfwer the Defendant fuch cofts, as the Court fhall avi^srd him. •i'!"' "> rutin 

Ttrurity. 

1. And it is lurther Ordered that in all Attachments of Goods and 
Chattels, or of Lands and Hereditaments, legal notice fhall be given to the 
party, or left in writing at his houfe or place of ufual abode, othcrwife 

the fuit fhall not proceed; notwithftanding, if he be out of this linifdi- , . , 

r^• I r- n 11 1 J 11 II n .1 1 Execution ref- 

ttion, the caufc fhall then proceed to trynl, but Judgement {liali not be pited. 
entrcd before the next Court, and if the Defendant do not then appear, 
judgement fhall be entred, but Execution fhall not be granted before the 
Plaintiff hath given fecurity to be refponfal to the Defendant, if he ihail 
reverfe the Judgement within one year, or fuch further time as the Court 
fhall limit. 

2. And it is hereby Declared, that no Summons, Pleading, Judgement, L. I. p-49. 
or any kinde of proceeding in Courts or courfe of juftice, fhall be cbatcd, 

arrcftcd or reverfed upon any kinde of circun]flantial crrours or miilakes; c'rcumflamisfl 
if the perfon and caufe be rightly undei flood and intended by the Court. «•'^'^'""■-• 
And in all Cafes where the firfl Summons are not fcrved fix dayts inclu- summopsto be 
fively before the Court, and the Cafe briefly fpecificd tn the Warrant, Hforet'b'ecc'lut 
where appearance is to be made by the party Summoned, it ihalj be at 
his liberty whether he v/ill appear or not, except all cafes that arc to be 
handled m Court fuddenly, called on extraordinary occafion. 

S- iAnd vfkereas Sinti at L^h-, many times fuel ets do jyofecute the A. 5' p.l. 

fame m tiKir nwn name, m fmcurmg the ^roeejs \ m\end and do declare in lofakcout pro- 

the ytamcy and on the behalf of others.^ vii. as Exnutors^ ■'^dmmtflratorSy "'"s- 

C z ^fi'ines^ 



Marjljalls. Bakers. 



u^lfi^Kes, y^tturnia, Cuarduins, y^^efits or the like, which ii not only jw- 
■prefer., ha xtndeth al[ij to uncertainty -., for prevention whereof: 

It is Ordered, That henceforth the Original proccfs, whether Summons 
or Attachments fhall exprcfs in uhofe nam.e the Plaintiff fucth, whether 
in his own name, or as Executor of the !aft Will and Teftament of fuch a 
man, or .Admmifirator of the Goods and Chattels of fuch a man, or AfTigne, 
Atturney, Guardian or Agent of fuch a man, or the like, or otherwayes, 
if exception be taken before the parties jo^n ifiue, it fhall be good, and 
the Flaintifi fhall beliable to pay coft. [ 16^1. 4^. 47. //.J 

A-farJJjiills may ferve (^Attachments. 

WHereas ft hath been commonly pra&ijed, that ^Attachments have been 
direUed to the Afarfliall to he ferved in any Town unda the furtfdi- 
ilion if thai Court whereof the Marfl^all is Officer, notwhhflandin^ the Law 
dolh Order., that all Attadmunts fliall he dinficd to the ConJlMc in fuch 
Marftulls w.y '^'^"•"^ whcre no Marfhall dwells : 

ferve /Much. It IS hereby Ordered and Declared, That the faid Cuflome fhall bcac- 
•"""■ counted legal, and fhall not abate the Proceeding or Tryal of any Caufe. 

Provided no more Cofrs be charged on the Defendant, then by Law are 
due to Conftablcs for fa\ing Attachments. [_!662'] 



X A K £ R S. 

7 T is Ordered by this Court and Authority thereof ^ That henceforth 
J every Eakcr fhall have a diftindt mark for his Bread, and keep the true 
AfTizcs, as hereafter is cxprcfTcd, ri:^. when Wheat is ordinarily fold for 
money at thcfc feveral Rates hereafter mentioned, the penny white loaf 

by averdupois weight, when Wheat is by the bufhel 

at J s. c d. the white 1 1 ounces 1 qr. wheat 1 7 ounces 1 qr. houfhold 2 3 ounce, 
at 3 6 10 1 15 I 20 '• 

Weight of Bread at 4 O cg 1 I4 O »8 2. 

at4 6 08 I n 3 i<5 2- 

at5 o 07 3 II 2 15 2. 

at 5 6 07 o 10 z J+ °- 

at6 o 06 2 10 o 13 o. 

at6 6 . o5 o eg z n 2- 

And fo proportioriaMy, under the penalty of forfeiting all fuch Bread as 

ihall not be of the ieveral Affizcs aforementioned, to the ufe of the poor 

of the Town where the offence is committed, and otherwifc as is hereafter 

clerk of tVe ^'Fcff^ct^, ^nd for the better execution of this prefent Order- there {hall 

wlrKet ■ be in every Market Town, and all other Towns needfull one or two able 

perfons annually chofenby each Town, who fhall be fworn at the next 

County Court, or by the nc>;t Magiftrate, unto the faithful difcharge of 

his or their Office: who a:e hereby Autl:or:zed to enter into all houfes, 

Thct power. ^.^^^^^^ ^^.^^^ ^ Conaabic or without, where they fhall fufpe(f^ or be mfurmecl 

of any Bread baked for falc, and alfo to weigh the faid Bread as ott as 

they fte caufc, and feize ill fuch as they fir.de dcicaive. As alfo io weigh 

all 



BallaH. 'BafTCHry. ^cnevckme. 



all Rurtcr made up for ialc-, and f^/o-ush? untc, or being in the Town or 
Market to be fold bv vv eight, which iHouM light after notice once given, 
fhall be lorfcited in like nnanner. The like penalty (bill be for not mar- 
king all Bread made fof faic: And the faid Officer fhall have cnc third A. 5 J. p 8. 
part of all forfeitures fo: hio pains.^ the left to the poor as aforefiid. [i 645,] 

2. whereas it appears to this Courts that there is much deceit ufed by 
fame Bakers and other:., who nhcn the Clerk, ^f the Market cometh to weigh 
their Bread^ pretend they have none, but for their own ufe, and yet afterward 
put their Bread to fak, which upcn HyJ bath been found too light -^ for pt^- 
vention of fuch ahufes for time to come: 

It is Ordered, that all pcrfons within this Jurifdidion, who fhall ufual!'/ 
fell Bread within doors or without, (ball at all times hereafter, have all 
their Bread that, they either put to fale or fpend in their fkniilies, made of 
the due Aflizes, marked and yielded to try J of the faid Clerk as is dire- 
€\ed in the Order aforefaid, aider the penalty therein expreft. [/if/^.J 



To pTf»cnt ie- 
ctitinBiikfrs. 



B u4 L L A S T. 

IT is Ordered by this Court and the Authority thereof j That no Ballaft 
fhall be taken from any Town fhore, by any perfon whatfoevcr, v/ith- BaUaftnottobe 
out allowance under the hands of the Seledl: men, upon the penalty of fix ^ " 
pence, for every (hovel full fo taken, unlefs fuch ftones as they had laid 
there before. It is alfo Ordered, That no Ship nor other VcfTel, fhaU 
caft out any Ballaft in the Channel or other place inconvenient in any 
Harbour v/ithin this Jurifdidion, upon the penalty of ten pounds. £1646. j 



Icive . 



ror Caft Into the 
Chatnsl 



BARRATRT. 

Tf T is Ordered and Decreed, and by this Court Declared; That if any 
J man be proved and judged a common Eairater, veijir.g others with un- 
juft, frequent and endlefs fuits, it (hall be in the power of the Court, bcA 
to rcjedt his Caufe, r.nd to punifh him for his Barratry. [ 1641.'} 



Bataxr^. 



BENEyOLENCE. 

IT is Ordered, That this Court hereafter will grant no Eencvoler.cc, ex- 
cept in forrcign occafions, and when there is Mcney iii the Trcafury 
iiifficJent, and our debts firft fatisiied. [^1641.'} 

It is Ordered by this Court and the Authority thereof; that all Gifts 
and legacies given and bequeathed to the Collcdge, Schools of Learning Pi^^^'^l]^^ 
or any other Pubiick ufe; (hail be truc'.y and faithfully difpofed of accoi- fiii:7difp=iidoI 
ding to the true and declared intent of the Donors. And all and every 
Feribn or Peifons betrufted to receive or improve any fudi Giufts orLega- 
cieo, fhall be lisble from ti.T.e to time to g.vc account cf their difpofal and 
management thereof to the County Court of th:ii Shii-e where they dv..-c!l, 
and v/here fuch Eftate (hail lye, who are hereby impovv'rcd to require the 
fame where need {hail be, i.nd to appoint Feoffes of uuft, to lettic and 
maragc the faine according to the will of the Doi^otc. 

D ii 



10 



,5i/';, Btn^.'pvy^A 'Scundi }f Toms. Bremrs. 



SILLS. 



BlIU Afffgfiid 
good dtbt to the 



1 T IS Ordered by the Authorky of this Cc-Jitj ThaJ any^ d:br, cr de!;;.^ 
1 due upon biil or other fpccidry affi^n-^i to cncthtr, i!.-:l be ;3 gocd 



ana recover mc iui<^ u^ul uux. 4jj^^i» .^-..j w..v. .w <»j>..^..»^j t* .w^..j, -j ^i,^ 
onginall Creditor might have done: 1-rovided the faid AfTignement be made 
ojpon the back-fide of the biil or r':c::-Uy. \_'.!i47^ 

B O N D-S L A F E R Y. 

IT is Ordered by this Court and the Authority thereof^ Thit there fhail 
never be any Bond/lavery, ViUenage or C^.ptivity am^ngft u*, unlefs it 
be lawful Captives taken in juft Wi24-s, as wiljir.gly fell tlisir/tlYesor arc 
fold to us, :axid fuch fhail have the libeicjes and Chrifli£.r, ufagc which the 
Law of God eftabiiibed in If/ad concerning fuch perfcns dot'i mcrally re- 
quire j Provided this exempts none from fervil'jde, who /hall be judged 
thereto by Authority. [;<?>?"'•] 



Bcur.di of Towns and Persons. 

FOrCjtnuch as the Bounds of Tovcr.s^ and of the Lands cf ^a^-Xtcu'ar ptr- 
fon^y are cariful/y to be maintair.cdy and not nithout great danger to Is 
removed by any^ whch notrvHhfi ending by deficiency O-d decay oj mdrks^ 
may at unawares ha dons, -.vhereby great jea'.oufes cf perfons, trouble hi 
Towns, and yr.cumbrances in Counts do often ctrifc, which by due can and 
means might be prevented \ 
Town Boond;. It is therci^ore Ordered by this Court and :he Authority thereof, that, 

to be i^id c^iJt every Town fhail fet out their Bounds, within twelve months after thejr 
onc^ none), r. g^^^^j^ ^^^ granted: and that Vv-hen their Bounds are once fet out, once in 
To be ""urveyfa three years, three or more perfons of a Town, appointed by the Select 
witbin ? ycjr, rnen, fliail appoint with the adjacent Towns, to go the 3cu:ids betwixt 
their faid Townes and renev.' their marks; which marks fhail be n great 
heap of flones, or a Trench of fix foot long and two foot bioad, the moft 
ancient Town to give notice of the time and place of meeting fcr this per- 
ambulation ; which time fnall be in the firft or fecond mondi, upon pain 
of five pounds. for every Town that fnall neglcCt the fame; Provided that 
the three men appoiiitcd for perambulation fhail go in their fivcral quar- 
ters, by order cf the Seledi men, and at the chcrgc of the fe vcral Towns. 
fon"''tJL.'ci/'7o 2- And itisfunher Ordered, thatifanyparticuiarproprietorofLr'.ndsIying 
be fufi^Lyed in common v/ith others., fhail refufe to go the Bounds betwixJ his Land and 
other mens cnce a Year in the firft or fecond mondi, being requeftccJ thereunto 
upon one weeks warning, he fhail forfeit for ever/ day fo ncgl^ding, ten fJiil- 
hngs, half to the prrty moving thereto, the other half to the Town. [ iCji.'] 



Once a year. 



B R £ w E R S. 



TO the end no other but good and wholfome Tcfr be Brewed at any fwe in fit! 
'/urfdhlion, to he fJdfor the f apply of Ship cr other yt^eh at Scflj i-':-'' 
that no rpprejfmi or ivrcng be done to any in this Myf-cy) : 



Breach of the Peace. i I 



It IS Ofdcrcd by rbis Court and the Authority thereof: That no 
pcrfon whatibi-vcr, fhall henceforth underrake thr cnliing or \\-crk of 
Brewing Boer for fale, but only (uch as arc known ro have tufficitr.t skill 
and knowledge in the Art or Myftery of a Bjcwer. Anci it is lurther ?;""ai°r^t- 
Ordered, that if any undertaker for vidualhrg of Ships or other Vclkis, haJ Bce- 
or Marter or owner of any f\jch Veffcl, or any othei perfon, iball make 
it appear, that any Beer bought of any perfon within this Jurifdiclicn, 
doth prove unfit, unwholfirne andufelefs for their fcpply. either through 
the iniufficiency of the Mault, or Brewing, orunwholfonie Cask, the per- 
fon wronged thereby fhall be, and is hereby enabled, t^^ recover equal 
and liiflicient damage, by Adion againft the perfon rhar put that Beer to 
Sale. 



Breach of the Teace. 



FOr the hetter preferring of Teace, and every mans Liberty and Safety in 
this Jurifdi^ion, and to the end that all 'fi/knn^ and Quarrelling and Brfsch of Peace. 
Dijiurbance may be avoided: 

It is by this Court Ordered, and by the Authority thereof Enacffcd, 
that no perfon Ihall beat, hurt or ftnke any other pcrfon, upon penally 
of paying to the party ftricken, by fine to the County where the Offence 
is committed, or both, fuch fiim or fums as the County Court, MagifTraic, 
CommiiTioner or Afibciate, that take eognizance thereof fhall detcrmiru- ; 
and becaufe in this cafe fevcral circtimftances may alter the degree of th.- 
offence, as who do fmite, who is fmitten, with what In/lrument, the din- 
ger of the wound, more or Icfs, time, place and provocation, and other the 
like, it is left to the difcrction- of the Judges aforefaid, upon hearing and 
confiderarion, to impofe fuch penalty or penalties, as in their difcrctioji 
f\rj\[ feemjurl,eqi:al'and proportionable to the merit of the offence. 



judgement for Title of Houfe or Land. 

tT is Declared and Ordered by this Court arid the Authority thereof, j„^ge„,„t r„,^ 

i That where a Judgement is given in anv Court for any perfon of Houfe i 'tie of Houfe' 

or Land, upon the trial of the Title thereof; if the perfon againfl whom " ''""''■ 

ihe judgement is given, doih cither forcibly keep pofTeff.on thereof Oil! 

after execut;ori ferved, or enter upon it again, and fo retain poffellon by 

force, he fhall be counted a high offender againfk the Law, and breaker of 

the publick peace j therefore fpeedtly to redrcfs fuch a criminal offence, 

every Magiftrate is impowred, and by his place hath power to give v.'ar- 

ranr and command to the Marfhall, Officers and other men whom he thinks 

meet to be imployed in the bufinefs ( the Marfbali alfo requiring aid, 

greater, or leffer, as need requires ) and fupprcfs the force, find give pof- 

^efl"ion to the owner, and to iipprifoa fuch as do appear to be Delinquents, 

and their aiders and abetters, to be forth coming at the next Court thar 

did give the Judgement in the cafe, there to make their Anfwcr . and 

whom the Court doth hnde ivilty, to fet Tuch line or other punifhment 

noon thero ?.s che merit of their feveral cafes doth lenuirc. 

D 2, ' Bndgii, 



T2 Bridges. Burglary and Theft. 



BRIDGES. 

THis Court conjidering that Bridges in Country Higlhwayes are for the 
benefit of the .Country in general j and that it may be unequal to lay the 
charee thtrcof on particular Towns : 
E.';Jgf5 to be. Doth Order,. thai from time to time, upon information or complaint 

■n,,de&fepjirej j-q cach Countv Couit, of the neceffitv or defedt of anv Bridge orBridces 
as atoreiaid- the Court Inall appoint a Committee to view and determine 
the fame, and the charges fbali be proportionsd by the Magifiratesmeach 
County Court, to be levied upon the Severe! Tov^ns in each Countv ac- 
cording to the diredion of the Lav*? for Country Rates. 

T a t- 3 *- "^^^ Court confidering the great danger that Perfom, fforfes, TeaniSy 

are expofcd to, bj reqfon of defcilive "BridgeSy and Country High-vpayes in 
thts '/unfdi^ion: 

Doth Order and Declare, That if any p^rfon at sny time, lofe his life, 

in paffing any fuch Bridge or High-way, after due warning given unto 

any of the Scle<ft men of the Town in wliich fuch defect is, in writing 

under the hand of tv/o witncfies, or upon prefentment to the Shire Court, 

of fuch defedtive Wayes or Bridges, that then the County' or Town which 

penalty for di- ought to fccure fuch Waycs or Bridges, fhall pay a fine of one hundred 

by'^hc i'na'ffiri- pouuds to thc Parents, Husband, Wife or Children, or next of Kin to the 

cncy of Bridges, party dcccafcd. And if any perfon lofe a Limb, break a Bone, or receive 

any other bruife or breach in any part of his Body, through iuch defe<ft 

as aforefaid ; the County or Town, through whole neglecft fuch hurt is 

done, fhall pay to the party fo hurt, double damages, the like fatisfadion 

fhal! be made for any Team, Cart or Cartage, Horfe, other Beafl or 

Loading, proportionable to the damage fuftained as aforefaid. 

t^. fs. 5. <s<^''-^' for the prevention of danger ^ which may come by the ivfuffici- 

emyxjf "Bridges and Pajj'ages which lye upon Town High-naycs^ the care 
nhere'jf doth belong either to the Town or particular Ferfons to repair, who 
r.in-Ay times cannot procure Workfnen to do the fame : 
wVrZ-J°J"e- ^^ -^ therefore Ordered by th'is Court, Thst upon the complairit of any 
t ;.-.-' ri-ldges. fuch Tov/n or Perfon, to any one Magiftratc, he fhall hereby be!mpov.-;ed 
to iflue out Warrants to tht Conftable, to imprefs fuch Workmen in their 
Tovv'nfhip, as fhal! be needful to fecure and repair the fame, who fhall be 
paid for their work, either by the Town or Peti'ons, to whom fuch Bridges 
oc Paffages do belong. [^ 164s. j'- S9-1 



Burglary and Theft. 



Robbing 
bouff, h 
Vito)';-: pcMlcy, 



. in T^Oraffnuch as many Perfons of late years, have been and arc apt to ^s in- 
i'^''-' Jl jurious to the Goods and Lives cf others^ nctwithjianding all care anl 
yy.tAns to prevent and puntfh the fame : 

it is therefore Ordered by this Court and thc Authority tSneof, That if 
any Irerlo:! fnali conamit Bufglsry, by b^tskmg up any dvtiiisig houfe, or 

(hall 



BuY£l(sr/ and Theft. 13 



rob any pcrfon in the field or hi^h-wayes, fuch p^fon fo cHcndtng, fhall 
for the firft offence, be brj-nded on the forehead Vvlth the Ltt^ (B ) and if 
he Hiall offend in the fame kinde the fccond time, he ftsl! hz branded as 
before, and alfo be fcverely whipped ; and if he (hali fail into the hke of- 
fence the thn-d time, he fliall be put to death, as being incorrigible. 

And if any perfon fliall conimit fuch Burglary, or rob in the fields or 
houfes on the Lords day, bcfides the former punifhment of Branding, he da". ^ "' ' 
flull for the firft offence have one of his ears cut off; and for the fecond 
offence in the fame kinde, he fhall lofe his other ear in the fame manner^ 
and for the third offeuce he lliall be put to death. [ 1042. 47. j 

2. For the prevemwn of Tilfcrmg and Theft: It is Ordered by Strd^'^S 
this Court and the Authority thereof j That if any perfon be taken or goods. 
known to lob any Orchard or Garden; that fhall hurt or fteal away any 
Grafts or fruit Trees, Fruits, Linnen, Woollen or any other goods left 
out m Orchards, Gardens, Back-fides, or in any other place m houfe or ,^^,j ^^ 
fields, or (hall fleal any wood or other goods from the water fide, from majir, 
mens doors or yards ; he fhall forfeit treble damage to the owners thereof. q, i,e wlupt, 

And if they be children, or fervants, that fhall trefpafs herein, if their pa- 
rents or mailers will not pay the penalty before exprelf, they fhall be 0- 
penly whipped. 

j^nd forafmuch as many times tt fo falls out that fmall thefts and cthev 
offences of a cnminaU nature are committed both by Enghfh and Indians in 
towns remote from any pnfon or other fit place to which fuch makfaBors 
may he committed untill the next Court. 

It is therefore ordered that any magiftrate, upon Complaint made to him o^e MagirfrsK 
may hear, and upon due proof determine, any fuch fmaU offences of the a- Tu^h cafes'-'"""' 
forefaid nature according to the Laws here eftablilhed, and gjve warrant 
to the Conflable of that Town where the offender lives to levy the famej 
Provided the damage or fine exceed not forty fhillings; Provided alfo it 
fliall be lawfull for either party to Appeal to the next Court to be holden 
in that Jurifdidion, giving fufficient caution to profecute the fame to 
cffed, at the faid Court. And evervMagiflrate fhall make a return yearly 
to the County Court where he liveth, of what cafes he hath fo ended. conftlbll^oT/. 
And alfo the Conftables of all fuch lines as they have received. '"'" ^J "'*■ 

And where the offender hath nothing to fatisfie, fuch Magiftrate may ^"""'^ ^''"'■'• 
punifh by ffocks or whipping, as the caufe fhall deferve, not exceeding 
ten ftripes ; It is alfo Ordered, that all Servants and Workmenimbezling s^vcit^ and 
the goods of their Mafters or fuch as fet them on work, fhall make refti- ^°'''"«"- 
tution, ::nd be lyable to all Laws and penalties as other men. [^ 1646.^ 

3. It is further Ordered by this Court, That v/hat perfon foever A ^2 p 10 
fhall ffeal from any perfon, any Coyn, Goods or Chattels, to the value of 
ten fhiUings or upward, fhall be whipt, or pay fuch a fum or fums of 
money as the Court or Magiflrate, that hath proper cognizance thereof steaMne ^u^e 
fhall adjudge to be fbfficient to (alisfie all cofls and charges of the Court '" C'iii'>es. 
and Country in profecuting and trying the faid offender, to the ufe of the ^^^^,^^ ,„ 
common Trcafury; and for fmaller thefts, it is left to the difcretionof the n-.!i^rr archer 
Judge or Judges that fhall have cognizance of the crime, to appoint fmaller ^°^^ i^"'"- 
mulds or punifhment5, or only legal Admonitions as they fhall fjide 
caufe. 

And further it is declared and Ordered, That when any Goods are fiolea 
from any perfon, the Conftable of the Town, by warrant from Authority, 
fhall fearch for the fame, in any (\ifpeded pkccj or houfes, and upon 

D 2 r^arch 



14 Capital Laws. 



fcarch or othcfwife, if he fhall finde the fame or any part thereof, or any 
^Zui^d\°c[,. ground of lu(p!t)on appearing !o the Officer, he fhall bnngthe Delinquciuor 
ving AiisfiQion fufpcrtecl party to a Magiftrate ro uc proceeded with according lothelaw. 
pnvaiciy ^^^j jf g,jy pcrfon having ^codz Aden from him, fnall privately rc- 

pcBjiiy. ceive his faid /tolen goods (except the facft be private, or committed by 

foinc member of his own family) and fo fmothcr the theft, and fhall not le- 
gally profcciite the Offender, he fhall forfeit to the common Treafury the 
Goods or Chattels fo received or the true value thereof. [_ iSjs.^ 



r-I-i ''-'i *'^-» *(59 »*» 5*» i'-"' ♦i5» <>lfi' r^l ;^'' S^T'i ^n rC:-5 "(To <ai •«i^ <^ ♦»4. tx'.* 

fc&s C2i csa (^sb cS^ C2S- i2a sitia ^iSa si-£i i^^ ciij siji c'ia atb tii ^SS t& sgo jsis 



CAPITAL LAWS 

Idolatry. 1?^^^ F any man after Legal Convidion (hall HAVE or W O R- 
KlvJ k*c? SHIP any other God but the L O R D GO D, he fhall l->e 
|-'^^Jpf|j put to death, Exod. 22.20. Bcut 1 ^. 6, 10. Deut 17. 2.^6. 

'Vjtcb-cyaft 2. If any Man or Woman be a WITCH, that is, Hath or Con- 

fulteth with a familiar Spirit they fhall be put to death, fxod. 22. 18. 
Lcvit. 20.27. Dcut. is.io^ii. 

^,,^,1 3. If any Pcrfon within this Jurifdicftion, whether Chriftian or Pagan, 

-^■"■■J J- ^-^]\ H'ittingly and willingly prcfumc to BLASPHEME the holy name 
of God, F A T H E R, S O N, or H O L Y-G H O S T, with dire<fr, exprcffc, 
prefiimpluous, or highhanded Blafphemy, cither by wilfuU of cbllinate de- 
nying the true God, or his Creation, or Government of the World, or fhall 
curfe God in like manner, or reproach the holy PvCiigion of God, as if it 
were but a politick devife ^ to keep ignorant rrien in awe jor fliall utter any 
other kind of Bkifphemy of the like nature and degree, they fliall be put 
to death, Levit. 24. is, 16, 

Murther. 4- If any pcrfon fliall commit any wilfull MllRTHER upon pre 

meditate malice, hatred or cruelty, not in a mans nccelTary and juO: defence, 
nor by mcer cafualty againft his wiil, he fhall be put to death, L.\od.2i 
12, 1^. Numb. 3s. 3'' 

f . If any perfon flayeth another fuddenly, in his A N G F. R or C R U 
ELTY of paHlon, he Ihal! be put to death, Lcvit. -24. '7, Numb, -j 
20., 21. 

fr>y\onmg. 6. If any pcrfon fliall flay another through guile, either by POY 

SO KING 'or other fuch Devilifh pradife, he fhall be put to death. 
Excd. 21. 14. 

Icftiality. 7- If any Man or Woman fhall LYE with any BEAST^or Bruit 

Creature, by carnal Cop-ilation, they fhall furely be put to death, and the 
Beall fhall be flam and buried, and not eaten, Lcvit.^Q. 'jyiO. 

8. If 



Capital Lewi, ly 



8 If any Man LYETH with MAN-Kl'NDE as he lyctli Scdcmy 
with a Woman, boin of them have commiucd Abonf" ".i??^? they both 
fhali iUrei/ be pui. to deathj imlefs the one party were fv»ccd,or be under 
fourteen yca^s of age, in which cafe he fhall be I'eveicly punifnc.', 
Levit. 2 0.' 1^. 

9- If any Pcrfon COMMIT ADULTERY with a Marrkd or tAduUcry^ 
Efpoufed Wif^i the Adulterer and the Adukcrefs fhall furely be put to 
death, Lmh ^s^jp.& IS. 20. Deut. 22. 2^^27. 

10. If any man STEALE TH A MAN or Man-kinde, he fliall Man-Jkal 
fVircly be put to death, Exod.21. 16. mg. 

11. If any Man rife up by F ALSE-WITNES SE wittingly, and Fa^tixnmi 
of purpofe to take away a mans Life, he fhall be put to death, Deut, 

ig. 16. ir iS. 16. 

I'i. If any Man CONSPIRE and ATTEMPT snv INVA- Conf^iracy 
SIGN, INSURRECTION or publick REBELLION againft 
our Common-wealth : or fhal! endeavour to furpnze any Town or Towns, RehsHion, 
Feci- or Forts therein; or fha!i Treacheroufly and pernd-?oufly attempt the 
Alteration and Subverfion of our frame of Polity or Ccvcrnment tunda- 
mentally, he fhall be put to death, Tsl^mh. 16. 2 Sc.fn. 3. 2. Sam. is. 
2 Sam. 20. 

13. If any Childe or Children above fixtccn years old, and of fuffi- ChWdr^n 
fient underftanding, (hall CURSE or SMITE their natural FA- cur^cor 
THER or MOTHER, he or they fh.all be put to death, unlefs it can ^mlte "Ta- 
ibe fufficiently teftified, that the Parents have been very unchriftianly negligent nnts. 
in the education of fuch Children, or fo provoked them by extreme and 
auel Corr eftion, that they have been forced thereunto to preferve them- 
felves from Death or Maiming; ExQi. 21. 17. Letnt. 20. o. Exod. 21. tr. 



Rrbellious 



t8. If a Man have a STUBBORN or REBELLIOUS SON ^^^ 
of fuificicnt years of underftanding f ri^. ) Extern years of age, which will ^on 
act obey the voice of his Father, or the voice of his Mother, and that 
when tficy had chaftened him, will not hearken unto them, then fhall his 
Father and Mother, being his natural Parents lay hold on him, and bring 
him to the Magii^rates aflembled in Court, artd teflifie unto them, that 
their Son is fhiobom and rebellious, and will not obey their voice and 
chaflifement, but lives in fundry and notorious Crimes : fuch a fon fhall be 
pirt to death, Deut: 22. 30,3 s. 

^ 15. If any Man fhaU RAVISH any maid, or fingle Woman, com- Tiafe. 
rnming Carnal Copulation M-ith her by force, againft her own will ; that 
15 ab?:e the s£,e o'^tcn years, he (hai! be punifhed either with death or 
wfh fo.Tie other grievous punifhment according to circumftances, as the 
Jtiages or General Court fhall determine, Zi ^^p."} 

17. rcrafffiuch as Carnal Cctulaiim with a Woman Ckildc, under the 
aee cf ten years ^ is a morf hainous fin thift viith one of mz\c years, es bane 'Kf'^^ ^J 
niatc ifihutiiAfie aid unnatural in it felL and more pemious tv the life and * ^^'•''' 
mn-beinr of the CUidc : 
It is therefore Ordered by this Court end the Authotity thereof, that 

r I v^hofe- 



t& Caiki C-y^ CooiHT^ Ga^er, Packer. 



v-'liorocver he be fliail commit or have Carnd Copularion v^ixh ar.\ iuch 
Childe under ten years old, and be legally convicted thereof, he iHali be 
put to death. [ i66p.2 

Nonappia- j 7. jf any perfon ihall be Indited for any CAPITAL CRIME, 

TUiKi m a Cwho IS n«t then in durance; and /hall relafc ro render !iis pcrfcn to 

Capital foine MitgiArate within one month after three fxccian-:arions p"!- '^'''-'kiy 

Crime. made in the Town where he ufually abides, there being a month bcrvvt-en 

Proclamation and Proclamation : his Lands and Goods fhaii be fozcd to 

the life of the Common Treafury, till he make his lawful oppcarnnce. 

And fuch withdrawing of himfelf, fliail llarid in frcad of one W)tnefs to 

prove his Ciime, unlcfs he can make -i appear to the Court that he was 

neceflanly hindicd. [ 1646. J 



Casl^ (l::d Coper. C'jer. Fr.ckei: 



IT is Ordered by this Court and the Authority thersc'- Thct all Cask 
^ , „ ufcd for any Liquor, Fifh, Beef, Pork, or other Ccmmcditics to be put 

andqujiitj, to Sale, fhall be of London AfTize, and of found and well fcafoned Tim- 

OagcTs fee. ber ; And that fit perfons fhal! be appointed from time to time, in all 

places necdfull, to Gage all fuch VefTels or Cask, and fuch as (hall be 

found of due Aihze, fliail be marked with the Gagers mark, who fhall 

Coofers rra . Yi:i\c for his pains fcur ^mce per Tun. And every Cooper fhall have a 

diflinff Brand mark on his own Cask, upon the penalty of forfeiture of 

A. 51. P-i' ^'>'^y P»!l!^'i^i- And who'oever fhall put to Sale any new Cask, being 

dcfed^tive, either in Woikmanfliip, Timber or AfTizcs as aforcfaid, upon 

Dcffftlve cj'k ^^^ proof made before any one Magiffrate, he fhall forfeit fuch Cask to 

fc/ic«. the Informer, and be hncd to the ufe of the Country U;: jl:ilfmp per Tu?7, 

and fo prcpoitionably for greater or lefTer Cask. And btccvTe there may 

be no ncgle<fr in the clioice of a Gager cr Packer-, If is Ordered, that 

every Town within this JurifdiC'tion, wherein any Crisk are made, fhall 

and PaVkt.^"'^ ' vcaiiy make choice of a fit man for that imployment, who being prefcn- 

tcd by the Conflable within one Month after the choice made, before any 

one Magif^ratc, fhall there take his Oath belonging to his place, which if 

he fhall lefufe, he fhall pay the fuin o( forty ^iiliinp, and another fhall be 

pj'ckro g"od chofcn in his rocm. Alfo the Town or Conflable fhall cither of them 

!uon ca,k of fufler the hkc penalty for their ncglcd of this Order. And c^cry Gager 

full Aflzc ^^ Packer, (hall fee th=t all Cask he packs, Beef, Pork, Mackerel, FilTi or 

other Goods is committed to his Care, be of true and full AlTixe, and that 

he packs the fame in no other Cask whatfoever, on penalty of ten fl'il- 

linos for every Crsk by hun packed, that is or fhall be defeflive in that 

refpecff, one h.alf to the Informer and the other half to the Country. 

2. fAnci for the preveniinir deceit of my perfon in the pecking of Fifjy 

IuTn"prcVfng Beef and Perk to he put to Sale m this and other hrifdiaions : 

E«f&pork,&'c It is Ordered, That in every Tovvn where any fuch Goods are packed 

up for Sale, the Gager or Packer of that Town, or of the Town wherein 

it is put to iiclc or Shipped, fhall fee that it be well and orderly peiformed, 

that 



Chplre .-iFGiJir 



Ccovcrs fiavcs. Cattle.^ Corti-Fieldi^ Fencis. 



17 



that u, to riy, Bee£ and Fork, the whole, half or quarter, and fo propor- ^^^^„^f^g 4.$. 

Tionably, tiiat the bcfc be not left out. And fo Fifh, that they be packed pwTun 

all of one kindc, and that all Cask fo packed be full and found, and well 

feafoned, fctting his Seal on all Cask fo packed, and he (liall recover of 

the o-.voas tor io packing and fealing, fout Jhi',l::ig: pei Tun j but if the 

Cagcr do only view theoi, and finde them gcod end fL-Ticient, he fhal) 

fe: his Seal upon them, and have one pjiUing per Turi for fo doing, and it 

fuch goods fo packed, fhall be put to fale wi:!iout the Gcgcrs mark, he o.^Vvax.nauii 

Ibail forfeit th^ faid Goods that fo puts them to falc j the one half to the fO'"f-'^- 

Informer, the other half to the Coiiiiiiy. [ i64t- <-7- J'- s-- 3 



vv 



To Krgulate Coopers-Staves, 

f//ereas the Law tit. Pipcflaves, p-ovides only for Pipe-fiaves 
- /<"■ f^^'-'* C"ttft, and that Hogjhead-flavss and "Barrel Jiavcs both oj 
•white atid red Oak^, as welt as for i'lpc-Jlaves, are fretj^f?ily trafifported, 
and trajfqued in payments, both to the Country Treajury, arid cthcrmfc ; 

It is Ordered by this Court and the Authority thereof, That all 
Hogs-head Paves ihall be in length three foot two inches, or upwards, 
net exceeding three foot four inches ^ and all Barrel flaves fhal! be in 
IcPigth thirty one inches, all well and even hewed ordreiTedfufficiently for 
vfc, as for Pipe-fcaves is exprelTcd, wh^di'^r of white or red Oak. And 
all Headings for Pipe-ftaves of any fort to be in length twenty eight 
inches; and for Hogsheads and Barrelc, fuitable to the Cask to be made 
thereof ; and that it be infertcd in the Oath appointed for Viemrs of 
Ptpe-Jiaves^ Any thing in the afbrtfaid Law to the contrary nouvirh- 
ftanding. 



to trKtli arcfl. 



Cattle Cornfields. Fences, 



IT is Ordered by this Court and the Authority thereof j That in all Core- °Td^ii7,^nrc 

fields, which arc inclofcd in Common, e-vxry pa;Ty intcrcAcd therein, ^^"^ 

/hall from Dme to time make good his part of the fence, and (liall not no cattle tobp 

put in any Cattle, fo long as any Com fhali be upon any p::i.c of n, upon p^*V' '"° 
paine to anfwer al) the damage that flidl come thereby. [ '647.'} "' 

2. Whereas it is foivid by experience, that there hath be^ti much trouble ocupieriof 
and difference m fiveral Tmvns, about the Feneiyzg^ Plant i-^,fcwin^, Fecdmg ^of^^lf^fc, 
and Ordering of Ccnvncn folds -, 

It is therefore Ordered by this Court and the Authority thereof; 
That where the Occupiers of t'-.c Land, or the greiteft part thereof, can- 
not agree about the fencing or unprovement o." luch their faid fields, that 
then the Selec'^ men in the feveral To-.vns Oiall order the fame, cr m cafe 
where no fuch ate, then the major part of the Frcancu ( with what con- 
venient fpecd they may) fliall determine ;nY fuch diifercacc as maya/ife 
upon any mformaUon given them by the faid Occupiers, excepting futh 
Occupiers Land fhail be futhcicntly fenced by tt feif, which any Occupier 
of Land may lawfully do. [_!64s- -*/•] 

£ J. whereas 






Cattle. Corn-fields. Fences. 



3. lyhiieai this Court hath long finct vrcvided,thai all men JhaP. Fence 
then Com^ A^eiicicw,^roii}jd and ff.ch /;%', aga.-yift n^?eai Cattle, to the erJ 
the mcrcafe of Cattle especially of Cows cmd thtjr breed jhould not be kindred, 
thc}c b'.in£ then hut fav Horfes mthc Courdry^which frt^ce an miuh incfcajed.^ 
many whereof run :n a fori wildc, domg much damage ni Cc:ni and ether 
things, mtr-}tthfiar.d!ng fence made up aceordmg to the true ml cut of ihe 
Older in that cafe Cjlahlijhcd^ rtiany xiU-revf are unhioivn., mojl fo unruly 
that the;/ can by no means ho caught or got Tntocujiody, vehcreby then cyp}icrs 
/night afifwer damages , and if fonutimes with much difficulty avdcha'ge ibey 
be, they are in danger of perifinng befo/e the owner appears nr catj fo found 
out,a/livhjch toPrev£?it -^ 

h is Ordered by this Court and the Aiithority thereof j That 

Every Tcwn to cvcry TowH and Peculiar in this jurirdifiion, fhall henceforth give feme 

marl fo, cil'iic^ diftin^fl Brand-mark, appointed by this Court ( a Copy of which marks, 

each Clerk Oi the Writs in every j'o\rn :fha!! keep a Record) upon ihc 

Horn, Of Left Buttock, or Shoulder of all their Caitle wjiich feed in open 

Common without conftant Keepers, whereby it may be known to what 

Citiie.ioc rnw- jowH thcv do bclong. And if any Trefpafs not fo marked, thcv fhall 

Lea trrr,ii(Iiiig ,,,' ° on r 1 r ■, ' 

pay Joubie pav couDie Damagfs : nor fhall any perfon knowing, or alter due notice 

damage. given of any Beaft of his to be \inruly in rerpecTt of Fences, ruffcr hich 

iiMii Cattle to ^'-"^^ ^° g° common, or £§ainfl Corn-field;, or other impropriate incJcfed 

goiii Ftticri, grounds fenced as aforcfaid, without fuch Shackles or Fetters as may re- 

ftrain and prevent Trefpafs therein by them from time to time. And if 

any Hotfc or other Eeaft Trefpafs in any Corn or other inclofure, bei.ig 

Fenced in fuch fort as fecu'es againft Cows, Oxen and fuch like orderly 

Harm^toK- Cattle j the Party or Parties TrefpaiTed fhall procure two fufHrient Inba- 

c'ientrner." bitants of that TowH, of good rcpuic and credit, to '/icw and adjudge the 

harms, which the Owner of ihe Bealt fhall fatisfie v/hen known upon 

jjotii-ero bt-g'. rcafonable demand, whether the Eeafl were impounded or not: Bur if 

vfn to the owi.tr , ,-. ,, . ,', — 111 

of (hi B«ft. the Owner be known, and near relidmg, as in the fame Town or the like, 
he fhall forthwith have notice of the Trefpafs and Damage charged i;pon 
him, that if he approve not thereof, he may nommate one fuch man, who 
with one other chofen by the party damnified, as aforefaid, fhall review 
and adjudge the harms j Provided they agree of damage within one day 
after due notice given, and that no after harms intervene to hinder il^ 
which being forthwith difcharged, together with the charge of the Jiotice, 
L.2.P 3. former vis'w and determination of damage, the firft Judg.'ment to btvoid, 
or elTe to fland good in Law, Provided notwithflandir.g, the party Tref- 
palfed dial! not be barred of his A(ftion, albeit the harms be nor viewed 
and judged according to the diretflion aforefaid. 

And if any Cattle be found damage feizant, the party damnified may 

impound or keep them in His own private Clofe or Yard, till he may give notirs 

to the ov/nci, and if they cannot agree, the Owner may Rcplcvie them, 

or the other party may return ths.Ti ':o the owner, and rakj his remed? 

li.Z.f-i- according to Law;, yet in cafe of involuntary TrefpaiTes, where fuc?) 

TrepaiTer fhall pay, or Legally tender full recompence for all the damage 

done by h'm before any fuit commenced, the Flaintiffe fhall recover no 

coll of his fuit. 

Trerplr"p'y' ao And in all Tre pafTes or dam.ages done to any man, if it can be pro- 

coft. ved to be done by the mecr default of him to whom the damage is done, 

JL.i.P.sr. 'jj; n^all be judged no Trefpafs, nor any damage given for if. [ /^^d'] 

Go3tsp>v _ ^ poj- ^;i harms done by Goats, there fhall be double damage sl- 

oiibicdiiraSD j^^^,g(^_ ^^^ ^^y^^ Goats are takeo in Corn or Gaiderisjthe owner of 

iLch 



Cattle, Cvr)i-felds. Fences. j^ 



fucli Corn or Garden, may keep and ufe the faid Goats rill full fatisfa- 
(ftion be made by the owners. [ i646.'\ 

5'. Porafmuh as CofiJplamts lave bccn made nf a v^ry evil PraHifc cf 
fome disordered Perfons in the Country^ who uje to trk( ether rvens Hcrjes^ 
forrtctirrics upcn the Commons, and jometimcs out of their rrrn Cjrounds and 
hieiofures, & ridt xhttn at their flcajine without any leave orpivity of toe Ownrrr^ 

It is therefore Ordered and En3(fled by the Authority of this Court j . . 
That whofoever ("hall take any other mans Horfe, Mare, Afic, or drav.irg Tog Tfhfrmcl;. 
beafr, cither out of his inclofure, or upon any Common or clfewhere, "?,'J,'' '"■,/'.','''' 
(except fuch be taken damage fcizant and difpofcd of according roLau> 
without leave of the Owner, and fhall ride or ufe the fame, he fhall pay 
to the party wronged treble damages, or if the Complainant ■fliail defire perjttvtuMf 
ir, then to pay only ten fjiliings, and fuch as have not to make fatisfa- damajecr whip 
dtion, fhall be punilhed by whipping, imprifonment or otherwife, as by 
Law lliall be adjudged, and any one Magiftrate or County Ccujt may hear 
and determine the fame, \_16i7.} 

6. For the better prefeTvir^ cf Corn froin damage, by .1.7 kindcofC'tttlc, 

and that all Fences of Corn-fields, may from lime to time be fu^ctciitly a ^ -p ^q 
■upheld and maintained ■, '^'' 

It is Ordered by this Court, That the Sele(ft men of all Towns, fhall 
make wholfome Orders, for the repairing of all Fences both general Sciftimrnto^ 
and particular, within their fcverai Townfliips, excepting Fences belonging to of FcVrf* "^''^ 
Parms of one hundred Acres or above, and have power to impofe hnes 
upon ai! Delinquents, not exceeding twenty fl^tllm^s for one offence; and 
if any Setcd men ftiall neglecft to make Orders as aforefaid, they fhail 
forfeit five Pounds to the ufe of the Tov/n, and fo for every Months de- 
fault from time to time: and the faid Seled^ men of every Town Ihall '^'' '^^°'(\„ 

/ r 1 ■ •^ /■ 1 . . vitwnsot corn- 

appoint, from year to year, two or more ( ir need require ) of the Irha- m^ Fences 

bitants thereof, to view the Common fences, of all their Corn-fields, to 

the end, to take due notice of the real defeats and infuiTiciency thereof, IfiXa \T^>i 

Avho fhall forthwith acquaint the owners thereof with the fame; and if the o*"('s 

faid Owners do not within fix daycs time or otherwife as the Selec^t men 

fhall appoint, fuflficiently repair their faid defetflivc fences: then the faid p.^r^u'ibm to 

two or mere Inhabitants appointed as aforefaid, fhall forthwith repair or ^■=y"- 

renicw them, and fhall have double recompence for all their labour, care, 

coft and trouble, to be paid by the Owners of the faid infufficient Fence Eifc^f Wtwcrr 

or Fences, and ihall have warrant from the faid Seletft men, dircif^cd to tomc^.ith-m & 

the Conftable to levy the fame, either upon the Corn or other ellate of i'^Z^tnc^!'^ "^' 

the Delinquent: Provided the defccff of the Fence or Fences be fuffici- 

piitly proved by two or three witncfits. \_i647-^ 

7. Where Lands lyc in Common unfenced, if one man fhall improve 
his Land, by fencing in feveral, and another fhall not, he who fhall fo im- 
prove, (hall fecure his Land againft other mens Cattle, and fhall not com- 
pel fuch as joyn upon him to make any Fence with hhn, except he fhall 
alfo improve m feversl as the other doch. And where one man fhall im- vttwj'/n 
prove before his neighbour, and fo make the whole Fence, if after his •'"n.s born by 
■faid neighbour fhall improve alfo, he fhall then fatisfie for half the others '''' 

Fence againft him, according to the prcfcnt value, and fhall maintain the 
fame; and if the firil man fha!! after lay open his laid field; then the fnid 
neighbour (hall enjoy his faid half 'rcnrc fo purchafcd tohis own ufe, and flisll 
alfo ha -•■■: liberty to buy the other half Fence, paying according to freienr 

E z ^-aiuatioii 



PirtWfcn Fcncs; 

Otigh. 



20 Itncc, Caufcj. Small Cr.t'.fa, 

vduation, to be fet by uvo ratn chofen, by cither party one: tlie like 
Order fhal! be v.hcrc any man fhali imprcve Land againft any Town- 
ijoufcLou Common. Provided this Order OiaU nor cxicrd to Heufe Lots not ex- 
Toru'a. cccdiii!^ tcfi Acrcs , but if fuch one (iiall improve, hi; neighbour fhall be 

compellable to make and m-'.intsin one half of the Fence between them, 
TorifTcient ^ ^^ v/htthcr he improve or not. Provided slfo, no man fhall be liable to fa- 
«^"cl.rby s w'iue '<^'^^'^- f^i" dsmagc done in any ground not fufficicntly fenced, except it 
sodcahci fhall be for da.T.pgc done by Swinc, or Calves ijndcr a' vcarold, or uiiruiy 
Calcic which will not be retrained by ordinary Fcnces/cr where any man 
fhall put his Cattle, or otherwife volu'ntarily Trefpifs upon his neighbours- 
ground : and if the party damnified finde the Cattle damage feixant, he 
may 'inpound cr Qihvrv.ife difpofe of them. [ i642~] 



FENCE. 

WHc^citi the L(Trt-j pubupitd ccncciKm^ Fences end Ciiii\t.,hdnghuhe 
fccond Edition^ tranfiorted fnm thar frjl order and ivetkcdy miah 
dijfculty doth many times cnfe conco-nin^ the true meaning thereof, nlei-dy, 
^re,it damages do etccrcw to many of the Inhabitants , and ccnfequentiy^ 
to (he Cdoitry. I'cr j^reventiot vhere:f\ 
r.-nce to tecuto '^^'^ Court doth Order and EnacfV, That where any Cattle Oial! Tief- 
Comficlfs. pa^s on any propriety, not appearing to be fufficicntly Fenced, againft 
Swinc fuiTicicntly yoakcd and ringed, or Cov/es and fuch Cattle as will 
to rcllraincd by a fufficicnt Fence, in the judgement of the viewers of the 
Fences, as Fag. ii. Se[}. 6. in all fuch cafes the Owners of the Fence, or 
of the Land, fhall bear all fuch damages, as to them thereby fuflained, 
any thing in the faid Order, or any other Law, CuAome or U^Jge to the 
contrary notwithftanding. [/^rf.;] 



CMfis Small Caufes, 



a -.1 jt 17 ^ '^ '■'•/'''i ^^^ Charge and InfKW hancc of Courts hy fnull Caufei:, 
m"y ."d^'-j'^fet r It is Ordered by this Court and Authority thereof, That any Magl- 
t;ia.:r.}o.6. (Iratc in the Town where he dwells, may hear and deteimine by his dif- 
crction fnot by jury) according to t.^c Laws here eflablifhcd, all caufcs 
anfmg in that County, wherein the Debt, Trcfpafs or Damage, doth not 
exceed Forsy flnllmg:, v/ho may fend for psitics and witnefies by Sum- 
mons or Attachment dtrcQcd to the Marfhall or Conftablc. who (hall 
fiiihfully execute the fame. 
Three cc:'^«i;m- And it is further Ordered, that in fuch Towns where no Magiftrate 
^"^l^uZT' dv.ella, the Court of i^ff-ftanis or County Court, may from time to time 
jcaufo. upon rerutft of the faid Tov/i:?, fignifitd under the hsndof theConfiablc, 

appoint three cf the Freemen c: CcmmifTioncrs in fuch cafes, sny two 
%^ hereof, fh.-.ll have Hke power to hear ?.nd determine all fuch eaiifcs 
^vhercin either party is en Inh:.bitant of that Town, who have hereby po- 
■u-er to fend for Parties and WitnclTcs, bv Summons cr Attachment dire 
€ui to the Conftjblc, ac a!fo to Admir.iftcr Oeths to Wuneffes,, and tc 

give 



Canfes. SfJ'^ill Cnuk3. zt 



give time to the Defendant to Anfwcr if t'ley ;ee caufe j sr.d if the Party 
Summoned refufe ro give in his Pond or Ap'^cirance jcr fentenccd, refufe 
to give fatisfaftion, where no goods appear m the fame To'.'/n where the 
Party dwells, they may charge the Conftable v/ith the party, to carry hinn 
before a Magiftratc or Shire Court (if t'len fitting) to be wrtbcr pro- L.l. p.4.S» 
ceeded with according to Law, but the faid CommtfBoners may not com- 
mit to Prifon in any cafe. And where tiic Parlies live in feveral Towns, 
the Defendant fhall be liable to be fued in either Town at the liberty of 
the Plaintiffe. 

3. ^nd forafmuch as the Magijirates are under in C-uh cf God, for 
diffenfing equal jujiice according to Law ^ 

It IS Ordered by the Authority aforeiaid , tbrt al* AiTcciates for County 
Courts, when and where there (hall bi. say, f.nd all fuch CcmmifTioners ^^^jjaf^ ^^ 
Authorized as aforefaid, (hall be fworn before cadi County Court orfomc comniiir.oncfj 
Magiftrate in that County, unto the faithful difdjarge of die truft and po- '° ^^'">''" 
wer committed to them. 

And it is further Ordered, That in all fmall Caufes as aforefaid, where 
only one Magiftrate dwells in the Town, and the Ca'jfe concerns hiinfelf, 
as alfo in fuch Towns where no Magiftrate is, and the Caufe concerns 
any of the three Commiflioners, that in fuch cafes the Seleft men of the ff)eQn^e„io 
Town, fhal! have power to hear and determine the fame, and alio to gr?.unt fvoure: 
execution for the levying and gathering up fuch damages for the ufe of 
the perfon damnified, as one Magiftrate or three Commiflioners may do. 
And no Debt or Adion proper to the Ccgnir.ance of one Magiftisre or t , „ ^ 
the three Commiffioners as aforefaid, fhall be received into any County " '"'^' 
Court, but by Appeal from fuch Magiftrate or ComiTiiiTioners, except in ^^"Z^a^ulr- 
cafes of Defamation and Battery. [_ fii47- 49.~\ tionwmdc 4-5 

3. whereas by rcafoncf the concourfe of Teople, and increafe of trade S71 the . x; 

Town of BojloKf Suits at Law are grown more frequent, -xherehy the '' ' "' 
County Courts are much prolonged, and fcrafmuch as n^any crtmcs are alfo 
committed in the faid Town, by fir angers and others, ^hich often efcaK un- 
^unifhed ; For the prevention whereof , 

It is Ordered by this Court and the Authority thereof, that there be commia^onen 
feven Freemen refident in Bofton, annually chofen by the Freemen of the "^ Lofton, 
■faid Town, and prefented to the Court of Afhftants, who hereby have 
power to Authorize the faid feven Freemen to be Commsftloners of the choftn, 
faid Town, to acft in things committed to their trufl, as is hereafter ex- 
prefled; who fhall from time to time be fworn before the faid Court, or Swora, 
the Governour, Deputy Govcrnour or any two Magiftratcs. And this 
Court doth hereby give and graunt CommJiTion and Autbonty unto the 
faid feven mcnj or any five of them, or any three of them v.'ith one Ma- 
giftrate, to hear and determine all Civi! Adtions which fhali be brought 
before them, not exceeding the fum of Ten Pounds, ariiing within the fowc:- m fJ'Ll 
neck of Land on which the Town is Sckuate, as alfo on Ncddksjfuvr.d, ^y"al°''° 
or betwixt any pcrfons where both parties fhal! be Lnliabitanti: or Rcfi- 
dents within the faid Neck or Noddles Ifland aforefaid, or whtns either party 
Ihall be an Inhabitant or Refident aforefaid-, Provided they keep a Book 
of Records for the entry of all Caufes, Evidences, Teftuiionies, SentcnciS 
and judgements as the Law provides in iil<£ Cafes-, which f'-id Com- 
mifiioncrs are Authonzcd annually, to appoint a Ckrk cf their Court and 
to demand and receive of every Plamtme m aji Cafes or A(fxions not cx' 
ceedjng forty fnu^tn^s, the fum of tbn-s ^n'lw-s four j^encc •, ar.d for all 



£2 Charges Publkkt 



other /. Qions, t>t; fum of tr;; (hii.'.ngs •. and for all other thinrs the iZ' 

cuftomcd feesj end f'ic f;;:.-! Cc-nitnililoners fhnii from rime to time pub- 

lifc rVeir Co~rt dayes, ss Ihe tkt^ie Conir.ifiioncrsin Towns are bound tOr 

^nd for the dijccvcry, freyinihn am bunijhmtnt cf jZzifdemeanours in ths 

u^^iuiijn. ca- yQ-,:^rcr and Authorir/ is hereby given and granted to the faid Com- 
niffioners^ and every of them, by Warrant under their or his hand, to 
ccnx'ent before them, or any of them, al! fuch perfons as fhall be com- 
plained of for fuch offences, or otherv/ife brought to their cognizance, 
and to hear and determine the fame, according to the Laws here eftabli- 
ihed as any Magiftrate may do, Provided the fines impofed by them, do 
not exceed forty JhiiHngs for one offence. 

^nd that the Jaid Ccynmijp.cners f-nay ths letter and more diligently cn- 

deavoiir th fifppnjji'if; of fin and rnifdem car ours, and the breach of thefcace 

in the f aid Town -^ Thsir CommifTion fliell be from time to time, under 

°d tTd^/T'tV ^^^ ^"''^ ^'^ '^"^ secretary of the General Court. And alfo all Ma'rfhalls, 

ConiiniiijonRs ' Conf^-'biEs and Other Inhabitants refpedively, arc required to be aiding 

and afTilting our CommifTioners aforefaid in this bthait. 

uind thut no fcrfon may be difcouragei or danmitied \y this Commiffion ; 
It (hall be lav/ful for any perfon to /ippeal from the Sentence of all or 
any of them to the Court of Affiilaiits* \_i6su'} 

jL4-'^^~- 4* «^-^ hecaufc the Cor/^mfftoneTS in the feveral Tcwns hcvf To- 

yrer cf '(udkaturt, the exercife whereof is of grcci concernmcnty both to Towns 

and Ccv.'/itry • 

^iflfo^r^but""" ^t i^ therefore Ordered, that henceforth the?e fhall be none admitted to 

fuchisnrcflp be a Commiffioner for any Town ia tl;is Jytuliidhon, but fuch 'whofecoD- 

piovetJ. verfation is ino*^fenfive , and whofe fidelity -to the Counlry is fufScientiy 

'known and apprc\ed of by the County Court of that Shire. ^ / <5/4-3 



Charges Tublisk^ 



IT is Ordered by this Court sr.d the Authority thereof, That no 
Governor.r, Deputy Gov^mour, Afriilant, Affociate, Grand or Petty 
licii t^r^cc at j^jy _jgp_ ^~ gj^y Court, nor any Deputy for the Genera] Court, 
icircwnc r >- ^^^ ^^^ Commifiioners for f^litary Difopline at the time of their pub- 
lick meetings, fliall at any {-irne b--ar h'S own charges, but their neceflary 
cspc-ces fhiii be defrayed, cither by the To^^^n, or the Shire on whole 
fer.'ice they are, cr by the Ccuntry in general \_'63i. ^/. J 

2. The, Cou.t confdering ths ■ncccjf.y of an equal Ccntributicn to all 
ccWTion charges in Towm:, 
nvryrnh^bi- ^ Ootb Order, Tliat every I-.habi':ant fhall Ccntributc to all Charges both 
?harBc'Mn " ^ in Church ?.nd Commor>-\yea ith, whereof he doth or may receive benefit : And 
ckurcb ind^^ cvtiy lucH fnhabit:."t who (hall rot Contnbure propo.rtic'n-ably to his abi- 
lity to all ccmmon Ch?.'~c?^ bc'h Civ'l and Eccleliafticaf, fhall be com- 
pelled thersunto, by Affcismcnt and Diftrefs, to be levied by the Conftabu: 
01 Other Officer of the Town j and the Lands and Eftates of all Tuer- 



Char'Cf Public k^ 2 J 



tSchilbnii-^nUv. 



wherein they dwell) fhall be Rated for all Town chjjges, both Civil and 
Ecclefirftical ( as '.forcfaid ) where the Lands and Eitates Ihall lye, and Ifp^/j^^vrf" 
then pcrfons where they dwell. ih^i Ue. 

7,. For a more equ^ji and ready waj of raifng means for dcfr:iying 
t})e publul(^ckirges, md for frcvcnliiig fueh wecnvenieneis as have fallen ov.t 
u^oH former ^fefsmeHts ; 

It IS Ordered end Enacfted by the Authority of this Court; That the ccu-nrynatc 
Trcafurer for the time being, fliall from year to year in the fifth Month, 
without expeding any other Order, fend his warrants to the Conftable r,'„7,o',"cc'on- 
and Sclcft Men of every Town within this Jurifdii^ion, requiring the Con- 'latic. 
flable to call together the Inhabitants of the Town, who being fo afTcm- 
bled, fhall chufe fomc one of their Freemen to be a CommifTioncr for the 
Town, who together with the Sclc<f> men, for their prudential affairs, ^^^^^„^g.,a3t,^ 
(liall fome time in the fixth Month then next cnfueing, make a Lift of all the to be valued m 
Male perfons m the fame Town from fixtcen years old and upwards, and 
a true cllimation of all perfonal and real eftatcs, being or reputed to be 
the eftate of all and every the perfons in the fame Town, or other wife 
under their cuftody or managing according to jufl valuation, and to what 
pcrfons the fame do belong, wluther in their own Town or elfcwhcrc, fo 
near as they can by all lawful means which they mayufc, viz.. ofHoufcs, 
Lands of all forts, as well broken up as other (except fuch as dcth or 
Ihall lye common for free feed of Cattle, to the ufc of the Inhabitants irr 
general, whether belonging to Towns or particular Perfons, but not to be 
kept or hearded upon to the damage of the Proprietors,) Mills, Ships and 
all fmall Veflels Merchantable, Goods, Cranes, Wharfs, and all forts of 
Cattle, and all other known Eftate whatfoever, either at Sea or on Shore; 
all which Pcrfons and Eftates arc by the faid CommiOloneis and Selefi 
men to be aflefled and rated as here followeth, nn.. every Pcrfon aforefaid ^^^^^^^^ _ 
(except Magiftrates and Elders of Churches) one [IMiiig and ei^ht ^enee gd.'pt'/ivad 
by the head, and all Eftates, both real and perfonal, at one fenny for eve- Eft.tfjjrc-f 
ry twenty fhillings^ according to the Rates of Cattle hereafter memioncd. penny per found 
The Eftates of all Merchants, Shopkeepers and Facilors, fhall be Aflefled ^\, Ji.p.i. 
by the Rule of common eftimation, according to the Will and Doom of ^j,^^,,.„,_ ,,.,^ 
the AiTefTors, having regard to their Stock and Eftate, be it prefcnicd to bv*iii J^ cic-om 
•".lew or not, in whofe hands foever it be; and if any fuch Merchants ^ <-.n, ij. 
(iiidc thcmfelvcs over valircd, if they can make it appear to the AfTclfors, 
they are to be cafcd by them, if nor, by the next County Ccuit; And n."^c.f boufc& 
HoufesandLand,of all forts (txceptasaforcraid)fhali be rdtcdatan equal and 
indiflerent value, according to their worth in the Towns and Places where 
they lye. Alfo every Bull and Cow of four years old and upward atfi"pe 
pounds^ Heifers and Steers hcivjccn three and four years old jit f.fty flulim^s^ RiUot'caiOe. 
and between two and three ytars old at forty jhilungs,^ and between one 
and tveo at twenty flnllings, and every Oxe of four years old and upward at 
five founds, every Horfc and Mare of three years old zuA upward j5ir 
founds, between two and three at three founds, oi one year eld and upwards 
at thirty flnHings ; every Ewe ftieep above one year old at ten fliillm£s.,tvc- 
ry Goat above a year old at eight flnlltngs, every Weather fhcep ai)cvc 
one year old &t ten fljillings; every Swine above one year old a: twenty 
Pii/hngs ; Every AfTc above one year old at foriy fhiiiings: And all Cattle 
of all forts under a year eld, arc hereby exempted; as alfo all Hay and 
Corn in the Husbandmans hand, becaufc all Meadow, arable Ground and 
Cattle are Rateable as aforefaid. 

And for all fuch pcrfons as by the advantage of their Aito and Trades; 

ate 



PfrTons j» I 9 



a+ 



Charges Publick^. 



Raied. 



linpotffiT po- 
rous ejirmpi^d' 



mcit ar (he (hire 
Town. 



fu p^ttt& toe 
Allerimsoli. 



ConHMtf to 
ColUftlin the 
DUilb fflootb. 



Yet"''""' "> ''S 
AfTcffedal the 



oi-Scletlo\£n9 
fail.Pgs 

forfeit 40,5, 



are more enabled to help bear the publick charge then coni/iion labourers 
and Workmen, as Butcherr^ Bak^rs^ Brcvrcrs, ytchiaHers, Smiths, Car- 
f enters, Tay ors. Shoemakers, loyijcrs. Barbers; Afiltens and A-Iajons, with 
all other manual perfons and Artifts, fuch are to be rated for returns and 
gaines, proportionable unto other men for the produce of their Eftates , 
Provided that in the Rare by the Poll, fuch perfons as are difabled by 
ficknefs, lamenefs or other infirmity (hall be exempted. And for fuch. 
Servants and Children as take not wages, their Parents and Mailers fnall 
pay for them, but fuch as take wages lliall pay for themfelves. 

And it is further Ordered, That the Coinmiffioners Jor the feveral 
Towns, in every Shire, fhall yearly upon the lirft fourth day of the week 
in the feaventh Month, afTemble at their Shire Town, and bring with them 
fairly written the juft number of Males liflcd as aforefaid, and rlie Aflefs- 
ments of Efcates made in their fevcial Towns, according to the Rules and 
Direeflions in this prefent Order exprcfled , and the f?id Commiffioners 
being fo aflembled, (hall ducly and carefully examine aJl the faid Lifts 
and AflTefsmentS of the feveral Towns in that Shire, and fnall corrc^ and 
perfed the fame, according- to the tiue intent of this Order, as they or 
the major part of them fhal! determine, and the fame fo perfccfted, they 
fhall fpeedily tranfmit to the Trcafurer under their hands, or the hands of 
the major part of them ■■, and thereupon the Treafurer fhall give warrants 
to the Conflablcs to colleft and levy the fame; fo as the whole AlTefs- 
ment, both for Perfons and Eflates, may be paid in unto the Treafurcr 
before the twentieth day of the ninth Month yearly : And every one fhall 
pay their Rate to the Conftable in the fame Town where it (hall be Af- 
lefled, ( nor fhall any Land or Eftate be Rated in any other Town but 
where the fame ftall lye, or was improved to the Owners, reputed Own- 
ers, or other Proprietors ufe or behoof, if it be within this Junfdidion) 
And if the Treafurer cannot difpofe of it there, the Conflable fhall fend it 
to fuch place in Bofton, or elfewhere, as the Treafurer fhall appoint, at 
the charge of the Country, to be allowed the Conflable upon his accompt 
with the Treafurer, and for all peculiars, viz.. fuch places as are not yet 
laid wi6in the bounds of any Town, the lame Lands with the Perfons 
and Eftates thereupon, fhaJl be Aflcflcd by the Rates of the Town next 
unto it , the measure or cftimation fhall be by the diftance of the 
meeting houfes. 

^nd if any of the faid Ccnwii/Jioners ,cr cfthe SeleS men, f^all wittingly 
fail or ncgkii to perform the trufi committed to them by this Order, in not 
TnakJT^j correBing, pcrft^ing or tranfmitting any of the faid Lijls or ^£ifs- 
mcnts according to the intent of this Order; 

Every fuch Offender fhall be fined forty fhilftngs for every fuch offence, 
or fo much as the Country fball be damnified thereby, fo it exceed not 
forty fhillings for one offence, provided foch offence be complained of and 
profecuted within fix months. 

And it is further Ordered, that upon ail DiftrefTes to be taken for any 
of the Rates and AiTefsments aforefaid, the Officer lliall diftrcin Goods 
or Cattle if they may be had, and if no Goods, then Lands or Houfes, if 
neither Goods nor Lands can be had within the Town where furh Diftrcfs 
is to be taken, then to Artach the body of fuch perfons to be carried to 
Prifon, there to be kept till the next Court of that Shire, except they put 
in fecurity for their appearance there, or that payment be made in the 
mean time. 

And It is Ordered, that the prizes of oil forts of Corn, to be received 
upon any Rate bv virtue of this- Order iliall be fuch as this Couit ftaH 

fC't 



Chargii Public ki 



^5 



fct from year to year, and in want thereof at price currant, to be )udged 
bv the CommriTioncrs of Ejfex, .Jl^tddlefex and Suffolk, , . „ , 

And It is further Ordered, that no Eftate of Land in E»glmd^ Ihall be 
Rated in any publick Affefsmenti And it is hereby Declared that by 
pubhck Affefsment and Rates, is intended only fuch as are Aliefled by 
Order of the General Court for the Countries occafion and no other- 
[ ,646. 47-,JhJ7-^ 

a. It is Ordered, that every ConftaWe within this Jurisdiiftion, fhall on 
the penalty of jife founds^ dear up all their Accounts wsfJi the Treafurer, 
for the Rates of their feveral Towns, by the firft of May yearly, and 
they and every of them are impowred to prefs boati or carts, for the bet- 
ter and more fpeedy fending in their Rates, according to the time appointed. 
And if any ConHable fball not have Colleded the Rates and AfTefs- 
ments, committed to his charge by the Treafurer, during the time of his 
Office' that he fhall, notwithftanding the expu^tionof his Office have power 
to Levy by diftrefs,an fuch Rates and Levies; and if he bring them irot 
in to the Treafurer acording to his warrant, the Treafurer fliall diftrcyn 
fuch Conftables goods for the fame. 

And if the Treafurer Ihall not fo diftreyn the Conftable, he (hall be 
anfwerable to the Country for the fame: And if the Conftable be not able 
to make payment, it fhall be lawfiill for the Treafurer to diftreyn for all 
arrearages of rates and leavyes, any man or men of that Town where the 
Conftables are unable, and riiat man or men upon petition to the General 
Court, (hall have Order to Colkd the faane again equally of the Town , 
with his jult damages for the fame. [^i64fi. /tfj 

RATING ^tHANGERP. 



hnc fUte ha 



J.jd.P.n 

Co'^nshJci in 
rlc?" fhcir r^C- 
ro\*nI? wilh the 
T'fr^Currr by the 
firft of M?y. 

L.I. P. 46. 



\he tvpiraton 
of his Or-r^ 
h?t^i powei tQ 
CoMcftRatf*- 

Tre'Turtr -r?? 
diftrtin the Coo 
ftableor »"y o- 
thcj lobabitiinc 



THls Couti undcrjlattditfj that feveral Goiilcnitn Merchants J?rfl?T(rfrj , 
in the hegmning of every yevr^ frequently commtng mto thefe pwti , 
md bringing great Jiore of Englifh and other goods of all forts to great value 5 
and usually wai^w^ up their markets to their great advantage before the 
Sixth Month, when the Rates, or Order for the Colleffing of them by Lav> 
is to ijl'ue out, ( not wthout a confiderahle dtfadvantage to the Aferchants and 
Shop-keepers, Refidents and Inhabitants of this Colony, vho have born the he ^t 
of the day, and are fain to be at all the charge for fupporting of the Govcrn- 
meni) and the faid Merchants flr angers takeing the chief of the benefit of the 
frade, and make their efcapcs without any payment to fupport the Govern- 
ment of this place , under, and by which they reap fo great advantage to 
themfelves: It is therefore Ordered, that it (hall be henceforth lawfiill 
for the SekCi men of each Town, where fuch Strangers arc, or fhall be , 
to alTefs all fuch Strangers, according to the Cargo's they (hall bring into 
this Country : Or in cafe of their refufall, to give a true Account ot their 
Eftate to the Scle<fl-men ; then the faid Seled - men fhall, and hereby are 
impowred to make their Aflefsment on all fuch Strangers in any Moneth 
of the Year, yecrly, in proportion to a fingle Rate by v/ill and doom, as 
the Inhabitants of this Country areufedto be rated; and for non-payment, 
by the Conftables to Levy their faid AiTelTments , as m other cafes , by 
Warrant from the faid Sclcft-men. [_i66_f.J 

FOR the preventing of diferencaarifing hetvoect: the Treafurer cf the Country cUiiJ^^cnc- 
and the Conjlabks of the Tov?nes. m Colleiimg and receiving the Comtry '*"•■" r'e.fii,cr 

r ^ nte 



Order for A£- 
fcfsmcnt* on 



2.6 Children and Touth. 

Jiare^ ana vj freai d^r-ii^e thereby hr:jvcn;ng to the Catmry.^ 

h IS Ordei-ed by vins Court, that .vhere any pay is rercie'rcd, the price 
whereof is not determined by this Court, the place of Apprifemeoi fhall 
be v/hcre the payment is tendered to the Iicafurer. or his Order by men 
indifFercntly,' chofen, as the Law directs. [^1667.'} 

IT is Ordered by this Court and the Authority thereof, that henctfortfi 
the tJMmiJlers of Gods Word, regularly Ordained over any Chujch of 
MioWmof Chrift, Orderly gathered and Conitituted j ib?*l be freed from all Rates 
Godi «ord Rafe f^r the Country, County ahd Church, and tor the Town alfo, except 
where by fpecial Contract with the Town they have confented ihereunto ; 
Provided this freedonae (hall extend onely to fuch eftate as is their own 
proper eiUtes, and under their ov.'n Cuftody and improvement, [/o;;.] 



Children and Touth. 



Forasmuch as the ^ood Education of Children is cf Singular lehoofe and 
benefit to any Common-vrealth, and rrhercas many Parents and Miif^^rs 
are too indulgent and mgli£cnt of their duty in that kind-, 
sjift .Ticmc:rc It is Ordered, that the Seledt men of every Town, in the fevcral Prc- 
miTb/uugbt cinds and quarters where they dwell, (hall have a vigilant eye over their 
luReade. ° brethren and neighbours, to fee, firfl that none of them fhall fuffer fo 
much Barbarifm in any of their families, as not to endeavour to teach, by 
themfelvcs or otheis, their Children and Apprentices, fo much learning, 23 
may enable them perfectly to read the Englifh tongue, and knowledge of 
the Capital Lawes : upon penalty of trventy fJnlltngs for each ncglccl tberin. 
Al:b that all Mailers of families, do once a week (at the leaft ^ Cat> 
chife their children and fervants in the Grounds and Principles of Religion, 
Ana CducbijcJ and if any be unable to do fo much j that then at the lead they procure 
fuch children and app; entices, to learn fome ihort Orthodox Catechifme 
without book , that they may be abic to anfwer unto the queftions that 
lliall be propounded to them out of fuch Catechifm, by iheir Parents or 
maftcrs, or any of the Scle(ff men when they fhali cail them to a tryal 
of whnt they have learned in that kind. 

And farther that all Parents and Mailers do breed and bring up their 
chihcn and apprentices in fome honeft lawfull Calling , Labour or im 
cHiarmrofac p'.o'ynient, either in husbandry or fome other trade, profitable for themfelvs 
ojghtopii 21,^^ the Commonwealth, if they will not or cannot train them upm leam- 
ipg, to ht them tor higher imployments. 

And if any of the Seledrmcn ; after admonition by them given to fuch 

maftcrs of families,(hall find them ftill negligent of their duty in the particulars 

ur.tn!y^cMM'e.i j^^f. mentioned, whereby Children and lervants become rude, ftubborn, 

^cekctmcD. and unruly: the fa;d Seled men with the help of two Magiftratcs, or the 

next County Court for that Shire, fhall take fuch children or apprentices 

fj om them, and place them vvith fome Mafteis for yeares, (boyes hli they 

come to twcKt)! c>5C,aiid giries cfo^htccn yeares of age eomp!eat)which will 

more flridlv look unto, and force them to fubmit unto Goverrment, accord 

ing to the rules of this Orde£, if by fair meanes and former inft:uctions tKi^y 

will not be dr^iy/r. i,..: 3 ' :. [ / ;.? .?.] a r ct 



b, 

'orr 



Children and Youth. 27 



2^ Forasmuch as it appeareth by too much experievce, fhat Jiuerje 
Children and Servants ^ do behave themjelves dijebediently and dijordcrly f^^i-P-H- 
towards their ParentSy Afajlcrs and Govermurs -, to ihediffurhuncc of/oi'iHieSj 
and difeouragerfient of fuch Parents and Governours; 

it is Ordered by this Court and Authority thereof, That It fhaH be in cy.\ifS,'i'^- 
the Power of any one: Magiftrate, by warrant direfted to the Conftible u'^l^r vt^firai 
of that Town where fuch offender dwells, upon cornplamt, to call before ^ "' 
bim any fuch offender, and upon convicTtion of fuch mijdemeanorSjto fen- 
tencc him to endure fuch Corporal punishment, by Vi»}iipping of otherwlfe, 
as in hisjudgmcnt the Merit of the fad (hall deferve^ not exceediri^ tin prlfa 
for one offence, or bind the offender to make his appearance at the -nej^t 
County Court; 

And further it is alfo Ordered, that the Commirf.oners of 5c/fo/7, and Imll^!^^ 
the three CommilTioners of each Town where no Magifirate dwells, ihall 
have the like Power; Provided that the perfon or pcrf^jns fo fentenccd, 
(hall have hberty to make their Appeale to the next County Court, iii 
any fuch cafes. 

5, l- Vpon Information of divcyfc loofeyvalr.. Olid corrupt jierfnits, both [Kch 
as come from For,ain parts, as alfo feme others hire inhabit:}:^ or refding y'^"^''^"^' 
which infmuate themfdvcs into the fellnvfljif cf theyy.'.nr pecf.c of thir CountrVy 
drawing them bah by. -night and by day, front thetr callings.} fludyes and Hon- 
cfl occupations, and lodging faces, to the diflmnour of God', and grief of their 
Parents, Maflers, Tutors, Guardians and Ovtrfeers &ci 

It is Ordered by this Court and the Authority thereof. That whofo- 
ever fhall any waycs caufe or fuiTer any Young people or pcrfons what- 
foever, whether Children, fervants, apprentices, Schollars belonging to the parens t-rwie- 
Colledg, or any Latine fchool, to fpend any of their time or cftate, by ?rbre",T^.»"n- 
night or by day, m his or their Company, Ship or other vefTell, Shop cr edi"com™n 
houfe, whether Ordinary, Tavern, vidfualing houfc, Cellar or other place "^ '*' 
-where they have to do, and fhall not from time to time, difcharge and 
liaffcn all fuch Youths to their feveral imploymcnts and places of abode , 
or lodging aforefaid , if their being in any fuch place be known to them, 
or any other fervant or help in the family , pr fupplying the place of a 
fefvant at Sea or on land : that then &jch perfon, houfnolder,, fhopkeeper, 
fliip-mafler, ordinary-keeper, taverner;, '^idfualer, or other; fhall forfeit the 




are Required to hCt herein as is provided in reference to the Law coa- 
ccrning Inkeepcrs, 

4. whereas fundry Gentlemen, cf quality, ana others, oft times fend 
over their Cbildrm into this Country to fome friends here, hofeirtg (at hafl) 
thereby to prevent their Extravagant and riotous courfes ; who notwithjland'- 
ing {by meanes of feme unadvifcd or ill afefled pcrfons, which give them 
credit, in expe{lation their friends either in favour to them, or prevention of 
blemijh to tkmfelves, will difcharge their dtbts ) they are no lefs lavifh and 
profufe here, to the gnat grief. of their friends, di (honour of God, reproach 
of the Ccuntry ; • ^ 7 > x 

It i. therefore Ordered by this Court, That if any perfon after piiblica i>cbtj-«.ad.iv 
tion hereof, (liall any way give credit to any fuch Youth, or other perfon P«ffo»w •!•"««• 
under one' and twenty yeares of age, without order from their friends Z^"'""^""' 
here or elfe where under their hands in writing, they (hall Joofe their debt 

f 2 Vfhat 



28 



ChWurgions. Ckrke of Writts. 



•what ever it be. And further, if fuch Youth or perfon incur any pe- 

nalty by fuch meanes, and have not wherewith to pay, fuch perfon or 



perfons as are occafions thereof, 
like cafe fliould do. [_i<f47-^ 



fhall pay it , as the delinquents in the 



Pirtnfs denj-iog 5' ^^ ^ny pcffon fhali willfully and unreafonably deny any Child, 

a>arri;geflcj timely Or convenient marriage, or fhall excercife any unnatural feverity 

toward themj fuch children fhall have liberty to compiame to Authority 

for redrefs in fuch cafes. [_i64i^ 

6. No Orphan, dureing their minority, which was not committed to 
tuition or fervice by their Parents in their life time, fhall afrerwards be 
abfolutcly difpofed of by any, withont the confent of fome Court, wherin 
two Afiiftants (at leatt) fhall be prefent, except in csfc of marriage, in 
which the approbation of the major part of the Seleft men of that Town, 
or any one of the next Affiftants fhall be fufticient, and the minority of 
women in cafe of marriage, (halj be fxtcen ycahs. ^1646."^ 



Orphsnsnotbc 
difpofed on 
VJithoutaConrt 



Cbirur^ions^ MidwiveSy Thyftiiani. 



L. 2. -p. J. 



Mo rorttif vio- 
lence to be ufcd 
in any cafe w'lth: 
ol: coakm Scc< 



FORasmuch at the Law c/ God alkvces no man to impatre the Life^ or 
Limbs of any Fcrfon, but in a judicial way ; 
It is therefore Ordered, That no perfon or perfons whatfoever, imploy- 
cd at any time about the bodyes of men, women or children, for prcfcr- 
vation of life or health j as Chirurgions, Midwives, Phyfitians or others , 
prefume to excercifc, or put forth any aft contrary to the known approved 
Rules of Artjin each Myftery and occupation, nor excercife any force,violence 
ox cruelty upon, or towards the body of any, whether young or old, (no not 
in the moft difficult and defperatc cafes ) without the advice and confent of 
fuch as are skillful! in the fame Art, (if fuch may be had] or at leaft of fome of 
the wiftft and gravefl: then prefent, and conient of the patient or patients 
if they be mentis compotes, much lefs contrary to fuch advice and confent; 
upon fucii fevere punifhmcnt as the nature of the fafl may defen'e, which 
Law Inevertheiefs, is not in'icrded to difcourage any from all lawful! ufe 
of their skill, but rather to incourage and dire(fl them in the right ufe 
tf ereof , and inhibit and reftreine the prefumptuous arrogancy of fuch as 
through prcf.dcnce of their own skill, or any other fir-ifter refpscfts, dare 
boldly attempt to excercife any violence upon or towards the bodyes of 
young or old, one or other, to the prejudice orhaiard of the lifeorlimoe 
of ma'1, woman or child. [] /^4$^ 



Clerke of the Writts, 



i. 



p 1 T is Ordered by this Court and Authority thereof; That ('notwahftand- 
1 ing every Magiftrate hath power to graunt Warrants, Summons and 



Attach 



Clerl(e of Writts. Co/kdgt 



'9 



Clfrks fees. 



Wjrrsnis dj. 



Attachments) in every Town within this Junsdiflion, there fhall henre- 

forth be a Gierke of the Writts, nominated by each Town, and allowed 

by each Shire Court ; to grant Summons and Attachments ifi all Civil 

A(ftions; at the hberty of the Plaintiffe, and Summons for W!tn«lTcs-, and 

the faid Clerks are allowed to grant Replevins, and to take Bond with 

fufficient fecurity of the parry to profecute the Suite, whole Fees fhail be, 

for every Warrant two fencc^ a Replevin or Attachment three ^.ence, and rcfici to ihe 

for a Bond four pence. And all Attachments are to be direded to the conftabJe, 

Conftables, infucHTownes where there is no Marfhal dwelling. [/<J-fO 

It is Ordered, That henceforth the Gierke of the Writts fliall de- citrk orihe 

maund of fuch as receive Attachm.tnts of them, three pence a pecce more ^^'",',^[^3^-' 

then formerly, in behalfe of the Marfhal General, which fhall be inUew fljibff«of ;5ti 

of that three pence on Attachments, by a former Law he was to receive of AiuchTtnt. 
the Conftable or County Marflial , and that the Condablcs fhall have but 
twelve pence upon an Attachment as formerly. [^iHdoj 



COLli£DGe, 



WHereas through the good hand of God upon I'.s , the\t- h a Colled^ 
founded in Cambridge in the County of Middlefex, called Harvard 
Colledge j for the incourajement whereof, this Gourf hath given the Summ 
of four hundred pounds, and alfo the Revenue of the Ferry bewixt Charles- 
town and Bofton ; and that the well Orderinj^ and mahna^mg of the fmd 
Colkdge is of great concernment ^ 

It is therefore Ordered by this Court and the Authority thereof, That 
the Governour, and Deputy Govcrnour for the trme beiiVg , and all the 
Magiftrates of this Jurisdidion, together with the teaching Elders of the 
fix next adjoyning Townes, T'/;^,: Cambridge, W/ttertowne, Charlej-totvne , 
Boflon, Roxhury and "Dorchefler, and the Treftdent of the faid Colledgc 
for the time being, fhall from time to time have full Power and Authori- 
ty to make and eftaulifh all fuch Orders, Statutes and Conftirutions , as 
they fhall fee neceffary for the Jnflituting, Guiding and furthering of the 
faid Golledge, and fevcral members thereof, from time to time, m Piety, 
Morallity and Learning, and alfo to difpofc, order andmannage to theufe n'fpo'e oi 
and "behoofel of the- faid Colledgc and members thereof, all Gifts, Legacies, ^" '^"'" 
Bequeaths, Revenues, Lands and Donations, as cither have been, are, or 
fhall be Conferred, Beftowed, or any waycs fhall falljOr come to the faid Col- 
ledge. And whereas it may come to pais, that many of the faid Magiftrates 
and faid Elders may be abfent, or othcrwife imployed about other weighty 
Affaires , when the faid Colledgc may need tneir prefent Help and 
Counfellj It is therefore Ordered, that the greater number of Magiftrates 
and Elders, which fhall be prefent with the Prcfident, fhall have the Power 
of the whole ; Provided that if any Conftitution, Order or Orders by thcnn 
made, fhall be found hurtfull unto the faid Colledgc, or the members 
thereof, or to. the Wcal-pubhck, then upon Appeal of the Party or Parties 
grieved, unto the comp'any of Overfcers firft mentioned , they iliaJl Re- 
peal the faid Order or Orders (if they (hall feecavifejat their next meeting, 

F J Of 



CommifTioncrs 
uni Fcoffpes <rf 
the Colledgc. 

Tomrtc OTdas 



fcnfis 
ytnuo. 



30 



Condemncdy 



A.S4.P.Z. 



Ont (icndffd 
pounds given by 
thf Couri lo tic 
Tri- fidciiiutij 
fdloiv.. 



or ftand accountable thereof to the next General Ccurt. [^jd^6. 40. 42.^ 

2. whereas v;c carrot hut achnovflcdgc the ^rcat gocdnes of Crdtoixards 
his People if: this Wildcrnefs^ in rayfir.g Kf Schooltycf Learmng\, ur)d ef^eci- 
cilly the Collcdge, from vphenee ihere kaih ffrung many Infirumoits^ loth in 
Church and Common-wealthy both to this and other places : yircJ v/hcrecs at 
prcfcKt the reori; of the Collcdge hath been feveral wayes cbjiru.ilcd^c.ndfeems 
yet (iljo at prefcnty for want of comfo) table maintenance, for the incourage- 
tr.ent of a Prefdent : This Couit take'^^g the fame into their ferions con- 
fideratwn, and finding that though mcny fropcjitions have been made for a 
voluntary Contribution, yet nothing bath hitherto been obtained from feverall 
ferfons ard Tcvrncs, although frme have dcr.c very Uhirally and freely , and 
fearing leafl ne fhculd flicw cur felres ui-gratefull fo God, or iinfaithfu/l to 
^ofierny, if fo gccd a Seminary of Knowledge And Virtue fhould fall to ibs 
ground through any ncgliB of curs; 

It is therefore Ordered by this Court and the Authority thereof, That 
(befides the Profit of the Ferry forrrerly granted to the Collcdge, wHicfi 
fball be continued ) there ihall be yearly Lcvyed by Addition to iha 
Country Rote tne bi'iidrcd pound^', to be payd by the Trcafurcr of the 
Country to the Collcdge Titafiircr, for the "bchoofe and mair.tenancof the 
Prcfident and Fellows, to be di/liibulcd between the Prcfident and Fellows 
cccording to the dctcimiriation of the Overfeers cf the Collcdge, and this 
£0 continue, durcing the plcafore of the Country. 

And it is hereby Ordered, That no n^anfhall fiand engaged to pay his 
vokiiitaiy Contribution, that he hath iir,dcr-v,'ritten,by virtue of this Com ts 
propofitions, and that fuch pcifons as have allready done voluntarily, fhail 
be confidercd for the fame in the Country Rate, fuch a proportion as this 
addition of one hundred pounds doth adde to the Rate, to be allowed by 
theConAabic to each perfon,andby thcTrcafurer to theConftable. \_'6jp\ 



CO KD EMN'ED. 



None to be exe- 
cuted w iihin 4 
dsyjs afttr Con- 
demnation. 



S ■jning ofVVar 
rj.iis foi exccull 



IT is Ordered by this Court; That no man Condennned to dye. Sha'l 
be put to Death within four dayes next alter his condemnation, unlfs 
the Court fee fpecial cav/e to the contrary, or in cafe of Matflial Lav, : 
nor fliall the Body of any man fo put to death, be unburied trrelvc hcures, 
iinlcfs it be in cafe of Anotomie, \_1641'] 

ItisOrderrd by this Court and the Auilicrity thereof, That the Secretcvy 
for the time being, fhall from time to rime, Signe sWlVarrnnts ^ot: the ex- 
ecution of perfons fentenced to Death, either in the Genera! Court or Court 
of Affiflants : and that the Secretary or Gierke of every Court fhall figne War- 
rants for executions in all other judgements of Courts Civil or Cnminal 
any CuAcme or ufage to the contrary nolwitbftanding. \_i66g'\ 



const. 



Conffabks'. 



31 



CONST^BLes. 

IT IS Ordered by tliis Conv- and Authority thereof. That the Conildble ^ j ^^ 
(hall Whip, or Funifli any to be punifhed by Order of Authority (where „ti'?." " 
fherc is not another Officer apointed to do it) in their own Towncs, iinlcTs they 
can get another to do it; Alfo every Conftab-'e is Impowcred and here- yl.rs-^-'^ 
by Enjoyned, faithfully to Colledl fuch Rates and AfTersmcntsaslhallfroni 
time to time be committed unto them, by the Sclecfl men of the feVeral 
Tov/ns, provided it be by Warrant under their hand. 



ToCoIkfttoivi 



2. It is further Ordered; That any and every Perfoa tendered to any 
Conftable of this Jurisdiflion , by any Conftable or other Ofnccr, of our 
ownc, or belonging to any Forrainc Jurisdiction in this Country, or by 
Warrant from any fuch Authority ; (hall be prefently received and con- 
veyed forthwith from Conftable to Conftable, till they be brought to the 
place to which they arc fent, or before fome Magiftrate of this jurisdi(fti- 
oii, who (hall difpofe of them as the jufticc of the caufe fnall require. 

And all Huts cir crycs ftiall be duely received and diligently purfued to 
full effccft; And where no Magiftrate is neer, every Conftable ihallhave 
full power to make, fignci and put forth, purfuites or Huts & cryss^ afrcr 
Murderers^ ManflayerSy Peare-brcakers, Theeves, Robbers, Burglanrs, and 
other Capital offenders, as alTo to Apprehend without warrant, fuch as are 
overtaken with Drinkc., Swearing , Sabhath-breaking , Lying , Vagrant 
ferfonSj Night'tcalkcrs -^ Provided they be taken in the manner, either by 
the fight of the Conftable, or by prefcnt information from others. 

As alfo to make fearch for all fuch perfons , either on the Sabbath day 
'or other, when there fhall be occafion, in all houfcs Licenfcd to fell either 
Beer or Wine, or in any other fufpefted or difordered places, and thoicto 
Apprehend and keep in fafe cuftody, till opportuinity ferve to bring them 
before one of the next Magiftrates, to further examination ; Provided 
when any Conftable is impioyed by any of the 'Magiftrates , for Appre- 
hending of any perfon, he fliall not do it without Warrant in writing-; 

And if any perfon fhall refufe to aftift any Conftable, in the execution 
of his Office, in any of the things afore mentioned, being by hiiri required 
thereto, they ihall pay for neg!e(ft thereof ten ^hillings, to the ufe of the 
Country, to be levyed by Warrant from any Magiftrate, before whom any 
fuch offender fhali be brought, and if it appear by good teftimony, th.lt 
any fhall willfully, obftinatcly, or contemptuoufly refufe or ncg!c(it to af- 
fift any Conftable as is before exprefied , he (hall pay to the ufe of the 
Country forty JliUhngs. 

And that no man may plead ignorance for fucb negleff or refufa/l-. 

It is Ordered, that every Conftable ihall have a BKick, fiajf^Gt five foot 
long, Tipped at the upper end about five inches with brafs, as a Badge of 
his Office, which he ftiall take with him whenhe gocthto difcharge any pari 
of his Office; which ftafF fnall be provided at the charge of the Town, and 
if any Magiftrate, Conftable, or any other upon urgent occafion, ihall re- 
fufe to do their beft endeavour, in rayfing and profccuting Hues & cryes^ 
by foot, and if need be by horfc, after fuch as have committed Capital 
Crimes, they ftiall forfeit for every fuch offence to the ufe aforclaid 
fburty (litllings. ^^1646.} 

For the Regulating and fettlim the charge of prnfecutio n of Hues & trrcs 
It is Ordered, that what fhall Aufe by occailon of efcape from tile Couatrys 

Pnfon 



ID convey Of- 
fc naers. 



Hucii Sf cr^es to 
be puifucj* 



To be put ^orl^ 
by the Condi!) le 

Offcn-lfrs to tc 
nppftlK..iJ;4. 



All tojflln the 
Coniiibleon of- 
niltjr of 10. B, 



ftilj Ihlliit-* 



Coollibli SKfP. 



Nor ri/fing)' -e 
and cries )a Ca- 
pital Ci^s tort- 



32 Coijvcyances. 



prifon, or flight from Authority to avoyd the fame, fhall be payd by the 
Treajurer of the Countyy, and fuch as Arife by 'fl'^'ing fom any of our 
County prifons, or to e cape any of theni, fhall be defrayed by the T^tct- 
andmef.'^"'' fi'"*' "/ ^^"^ Com\y where the occafion did arife. And fuch perfons as 
procure Hues iy cryes upon their own particular occafions, iTialJ bear all 
the chare;e arifing therefrom j provided due accompts be made by fuch as 
demand pay. \_i66o.l^ 



Conveyances , "Dcsds and Writings. 

h.j2- T.iJ- C^-^ *^-'* frevenlKn cf Chndcjline and v.neertaine Sales and Titks'^ 

XT It is Ordered and Declared by this Court, That henceforth ;io Ccle 
or Alienation of Houfes and Lands, within this Jurisdidion, fhall be holden 
good in Law, except the fame be done by Deed in writing , under hand 
v°v^TXhoai ^"^ ^'^^'' ^"*^ Delivered, and PofTcnjon given nponpart in the name of the 
Cetj &« whole, by the Seller or his Ataimey, fo Authorized under rand and Sealj 
vinlefs the faid Deed be acknowledged and Recorded according to Law. 

A.J J. r. J.J 2. whereas the unski^fuflncs of [ome , that make Deeds and Ccnrcyan- 

ces of Hcufs and Land, the word Heire is oftentimes Omitted, nhen i>s an 
£Jlate of Inhnitan'. e « intended to be prjfcd by the Parties ; rrhernifon 
^jiejlions and Suites at Laxv Are apt to ari\e : For the p-cvention rvhereof 
for time to come ; This Court Ordereth ; 

That all Deeds and Conveyances of Houfes and Lands in this Jurisdicti- 
on, wherein an Eftare of Inheritance is to be Faffed, it fhall be expreffed 
in thefe words, or to the like effccff j viz.. To Have and to Hold, the faid 
Houfc or Lands refpeiflivcly , to the Pattie or Grantee, his Heires and 
How Deeds ond AfTigties for ever; or if it be an Eftate entayled, then to Have and to Hold 
to°be made" ''' &c: to the Partic or Grantee, and to the Heires of his body Lawfully be- 
gotten, or to the Heires Male of his body Lawfully begotten, bctv;eenhim 
and fjch an one his wife, or to Have and to Hold to the Grantee for terme 
of life, or for fo many yeares ; Provided this Law fhall not include for- 
mer Deeds and Conveyances, but leave them in the fame condition, as 
they v/ere or fhall be in before this Law takes effeft , which fhall be at 
the lafl of V&oher one thoufand, fix hundred, and fifty one, Provided alio 
that this Law fhall not extend to Houfes or Lands given by WillorTefta- 
ment, or to any Land granted, or to be granted by the Inhabitants of a 
Towne. [ "?j'-3 

-. 3. It is Ordered, That no Conveyance, Deed or Fromife whatfoever, 

• jy^^jj ^^ pf Validity, if it be obtained by illegal Violence, Imprifonment, 

Debts obfzintd Thrcatning, or any kind of Forcible compulfion, called "Durcs. [ 1641 7} 

by force in»jiiu ^^^ ^ji Covenous or Fraudulent Alienations or Conveyances of Lands, 

, Tenements, or any Hereditaments, fhall be of no force or validity, to Dc- 

DcfdsinvaJiid. featc any man from his due Debts or Legacies, or from any juft Title, 

claime or pofTefTion, of that which is fo Fraudulently conveyed. 

ij. tyiitd for the avoydin^ all Fraudulent Conveyances , and that every 



S^Us«o lit ;:.- 



Council ' ^ 

naw r?;in ^.oif vihat 'Ejiate or htere/l, other men may have in any ffcuf^s, 
'har.iU CT other Horedjtament^ they are to dcale h-^ , j t 

It is Ordered by the Authority of this Court, That aft« the end or s^,,,,,„_, 
Odober, cr.e Thoufand, fx hundred a>id forty, ao Mortgage, Bargain, Sr.le, Knc .Ujcd . 
orGi-incmade, of any Woufes, Lands, Rents or other Herecliiamenls , ^^^"'^^ 
whe-e the Gramer remaines in PoffefTion, {hall be ot any Force againiL 
other perfons, except the Granter and his Hcircs, unlefs ilie fame te ac- 
knowledged before feme Magiilrate, and Recorded, as isJiereafttr cxpief- 
fed- And that no fuch Bargain, Sale or Grant already made in w^y ot 
Mortgage; where the Granter remains in polTeil.on, (hall be ol i-orce z- 
rainft other, but the Granter or his heircs, except the faniefliall be entred 
as is hereafter exprefi'cd within one Month after the date be.orc niention- 
ed if the partv be within this Jurisdidion, or elfewcre, withm thrccMonths 
after he (hall return ^ And if any fuch Granter being required byliicGran- ,/;-;-'• -^is 
tec his Heites or Affignes, to make an Acknowledgment of any t;"a';-rs, v? -Deed v, be ' 
Sale, Bargain or Mortgage by him made, fhall refute fo to do, it thallbt ^-r^Tccd 
in the Power of any Magiftrate to fend for the partse fo refufine, and coinims 
him to pnfon without Baile or Mainprife,until he fhal! acknowledge the fame, 
and the Grantee is to enter his Caution with the Recorder of the County on-Mcetofnte- 
Court, and this Ihall fave his Intcrcft in the mean time^ [And if it be hisCuiioq. 
Doubtfull whether it be the Deed and Grant of the party, he "i^'' ^e 
bound with Sureties to the next Court of AlTiilants, and the. Caution Ifiall 
temaine good as aforcfaid. 

^ndfor the Recordini cf a!l ftah Grants, Sales, A-lortgages -^ 
It is Ordered, that the Gierke of every Shtre Court fhall Enter all fuch p,^^^. ^.^ ,^^ 
Grants, Sales, Bargains, Mortgages of Houfes, Lands, Rents and Hcrcdi- c..u'iiotntcr 
laments as aforefaid, together with the names of the Granter and Grantee, P*'^''*- 
Thing andEftate granted, together with the Date tl.c::;f- \_!S4'i 4^0 



^■^ 



C O V N C I L. 



HIS Court confidcring how the xveigbiy ^faires of this JunsciifJ'lon « 
whether they Concern this pfculjarlj, or hare Reference to the reflofcfur 
Confederated Colonies, may he duely and f^eedily Tranfa{tcd, in the yaeancy 
cf the General Court , for the fatisfaUmi of tde Comyrijponers, m reljtd of 
the weighty and fuddain occafions which may be then in hand; council ^ow tu 

Doth hereby Exprefs and De:;laie, that the General Cciirtcught to be V<> ua lo^t. 
called by the Goveinour, v/hen the iinportancy of the bufines dotii rccjuirc 
it, 'ar.d that time and opportunity will fafcly admit the fame j and that 
Gil other neceffiry matters are to be Ordered and difpatched by theMaioc 
pcitt of the Coucil of the Coir.mon-weakh : And therefore to that end , 
Letters Hgnining breifiy the bufines, nnd the time and place of meeting foe 
Confultaticn oug'it to be fent unto the Affiftants. 

Alfo it is hereby Declared, that Seven of the faid Affiftants meeting , how mao) r ij 
thf Governour or Deputy Go-vernour being one, is a fufficicnt AlTembly A'^- 
to Aft, by Impr.ning of Souldiers or otherwife as need {half be, and ,in 
C'life cf extream and urgent neceffity, when endeavours are reaiJonably ufed 
to call togdhcr the Afliftants, and the bi2^'.e: wi!' not aauiit delay, then 

G tJ.e 



34 



Their power- 



CcMw/iC:- Courts. 



the hCis of fo rmny as do AlTemble, are to be accounted and are account- 
ed Vallid ?nd rufiVient : Alfo it is intended, that tjie General words a- 
/"ore mentioned, conlaine in them Pcv/Pr :o Jmprefs and fend forth Soul- 
diars, and all manner of Viauals VfiiTels at Sea, Carriages and all other ne- 
CdTaries, and to fend ^arr^jy^tjtotheTreafuiertopay for the fame. [/(?>f/] 



L.a, p,j. 



None (o If '^c 



COV N SEL. ADVICE, 

TT is Ordered by this Court; That.it ftall not be Lawful! for any 
-f" pcrfon to aske Counfd or Advice of any Magiftrate, or Commiffionci: 
in 1 ov/nes, in any Cafe wherein aftciwards he (ha!! or may be Plaintiffcj 
t3efore fuch Magiftrate or ConriinifTioner, under penalty of being difinabled 
to prolccirte any fuch Aftion, ( that he hath fo propoundeil or taken ad* 
vice as aforefaid,) at the nest Court where the cafe fhail come to Tryal,, 
being pleaded by v/ay of Barr, cither by the Defendant or an^ on his 
behalfe 5 in which Cafe the Plaintiffe ftall pay full Cofls to the Defendant, 
and if the Defendant ask Coufel or Adv:ce as aforefaid, he (hall forfeit 
ten jlrJ'.jn^s for every fuch offence tc the Plaintiffe. 



C O V R T 



Li. .p. to, 



Ccnrrjl Ccurt 
iho Cheif power- 



L.2.F.24- 



Df pa v« 0»tf), 



LJ.P.r^- 

DepulJfS toiilt 
apatt 



IT is hereby Declared, That tho General Court confiiHrig of Magiftratcs 
and Depuncs, is the chief Civi! Power of this Common-wealth ; which 
onely hath Power to Kaife Money and Taxes upon the whole Country, 
and difpofe of Lands, vtz.. to Give and Confirme Proprieties, appertaining 
to and in^niediately derived froiTi the Country • and may Ad in ail affaires 
of this Commonwealth accordirjj to fuch Power, both in matters of Coun- 
fel, makeing of Lawes, and matters of Judicature.^ by Impeaching and Sen- 
tencing anv perfon or perfoiis according fo Law , and by receiving and 
hearing any Complaints orderly prefented againft any perfon or Court-^ 

And it is Agreed, that this Court will not proceed to judgement in any 
Canfe, Civil or Crimmal, before the Deputyes have taken this Oath fol 
lowing. ["^J4j 4'>-,44-2 

I 'Doe Svrc'ar hy the r/!oJ} great and dreridfull Namscf the EvediyingCod, 
that in all Cafes wherein I am to deliver my Vote or Sentence., agamfi 
any CrimiKdl O fence, or' bet nisn Parties w any Civil cafe-, I mil deale up- 
Tightly md ju/tly, according to my judgement and corfcieme ; ^nd J vnlL 
Mccordtng to my skill ayrd ability, ylf'fi m all other Puktuk ajfanes of" thti 
Court, Faithfully and Trudy , acccrdmg to the Duty of my face, when I 
p)aU heprrffnt tc attend the Jervice. 

2. Forasmuch as u^ftty long Experience, diverfe imonvcyiknces are found 
in the manner of preeecdmg in this Court, by Magiftratss and Deputies ft- 
ttitg together: It is therefore Ordered by this Court a-d Authority 

thereof; That henceforth the Magirtratcs fitt apart, and Ad all bufincfs 
belo;igin§ to this Court, by themfclvcS3 by drawing up Bills and Orders, 

as 



Courts. 3-5 

as they fhall fee good in their wifedom, which havcing agreed upon, they 
iTiay prcfcnt to tbc Deputies to be conlidercd, and accoidingly to give 
ihcir Confcnt or Diflent: The Deputies in like manner fiitnit by them- 
fclves, and confulting about luch Ordess and Laws, as. they in their dif- 
cretion and exper ience Hiall finde meet for the Coinmon good; which a- 
grced on by them, they may prcfei-t to the Magidrates, who haveing 
ccnfidered thereof, may manifeft their Confent or DiiTent thereto ; 

And no Law, Order or Sentence fhall pafs, or be ciccoznned an Acft of L.r. P.jJ- 
this Court, without confcnt of the greater part of the Magifirnt^s on the 
one party, and the greater number of Deputies on the OLhcr party ; But 
all Orders and Ccnclufions that have pafled by Approbation of MagiHr^tes 
and Dcputycs as aforefaid, (hall be accounted Ads of this Court,- and ac- wiih'our^ohfc.t 
cordingly be Ingroficd, which on the lad ofday every Se/Ron fliall bedelibe- "^^'('^j'^'J,'?,'' 
rately Read over before the whole Court; Provided tl;aL if the Magifirates ^" " 
and Deputies fliall happen to differ in any cafe of Judicature, either Civij A.j-s.F.ii 
or Criminal , fuch Cafe fliall be determined by the Majot Vote of the 
whole Court met together. 

'3. FOR the EU&lng of the Go-icnioio^ Deputy Govcracur, ^f/jlants 
and General Officers, upon the day appointed by o'.'.r Patint, to hold on/ jeaYiy 
€le(tfon, being the hjl Wednesday uf every Fefier Tciirm^ ' Day of EictT-on 

It is Solemnly and Unanimouny Decreed nr,d Eftabliflied; That hence- L-.U^rtTutf 
forth, the Freemen of this Jurisdiction, Hiafl cither inPerfon or by Proxy, ""ons- 
without any Summons Attend and Confummate the Ele6ions on the doy 
aforefaid yearly; at which tiriic alfo they ihall fend their DefJiuycs with nput^saifob 
full Power to confult of and determine fuch matters, as concern the Wef befcnt. 
fare of this Colmnon-wealth ; From which General Comt, no NTagiftrate 
or Deputy fhall depart or be difchargcd, without the confent of the Major no,.c m depart 
part both of Magifcrates and Deputies, during the hrft four dayes of the wHhout leave. 1 
hi ft ScfFion, under the penally of one huvdred pounds, nor afterwards under 
fuch penalty as the Court (hall impofe. Provided that the Deputies of 
Dover, and of fuch other Townes as arenotby Law bound to fend Depuics, 
arc at liberty of attending any after SeiTions. [_i<^4Sy //J 

4. It is hereby Ordered and declared, that the Governoitr and DepiJty , _ 
Govcrnour, joyntly agreeing, or any three Affiftants confenting, have power ' ' '^'^' 
out of Court to Reprieve a condemned Malefatftor, till the next Court of ccvfmnvr ana 
AfTifiants, or General Court; and that the General Court onely hatii Power mih'er ilrmZi 
to Pardon a condemned Melcfadtor. power lorrpr'.ev 

Alfo it is declared, that the General Court hath Anlhnriry to fend ""^"" '""" ' 
forth into Lorraine parts, any member of this Commonwealth, of what- ccnpriicoi.ri 
fcevcr quality, conditon, office or relation, about any publick McfTajic or ^7p«'"fonT'' 
Negotiation, Provided the Party fo fcnt be acquainted with the Afiaireo 
he goeth about, and be willing to undertake the Service. \^i6^/'} 

5. It is Ordered by this Court, that the Governour, Deputy Cover- L. 1. P.}£, 
nour, or greater part of the AiTiftants, may upon urfent cccahon ciil a -s-f- 
General Court at any time; But no General Court fi-.all be diflblved or cX'r.u""* 
adjourned, -without the confcnt of the Major part thereof. Not to be itcj 

tonfint 

6. It is Ordered and declared, that the Governour (\^^\\ haveacafling 

Vote, wherefoever there fliall be an 'di{t'.i-vcte, in tlic Court.-; of AfiiRants cov.moufa.u" 
or General CourtjSc the Prefident, or Moderator mall Couris of GivilAffein- ^n^^ou! '"' 
blies. C'O-f /3 

G 2 The 



l6 Courts. 

"The Court bt:n^ Jenfible of the great tiecefj'ity cf }r..V!:ini)ig the ylulla 
rity cf Courts and Adagijirates ; 

Doth Order, That whofocver fhail openly or willingly defame sr.y 
L.r.V.^6. Coui' of Juflice, or the Sentences and Proceedings of the fame, or any of 
n.rro>chrou-t5 t^'S Magiflraics, cr other Judges of any fiich Court, in refped of any aifl 
o. ■vrnjr.ifttite? or fentcncc therein pafled, and be convicftcd thereof; fhall be punifhed 
P€i)?ity. for the fame, by whipping, fine, imprifonmcn:, d:s ftanchifmcnt, orbanifh- 

meiir, as the qufliity or mcafure cf the offence fhail dcfcrvc. 

And if any Magiftrate or other member of any Court, fliall nfc any 
offences ofthf '■epfouchfull or iinberetming fpeeches or behaviour, towards any Magiftrate, 
mr-^'i.ert of rt>. Judgc, or member of that Court, in the face of the Court; he fliall bee 
howcuJ.T'' fJ^arply reproved by the Governour or Prefidcnt of the faid Court, and 
if the cuality of the ofTcnce be fuch cs fnall dcfcrvc a further Cenfurc , 
or if the perfon fo reproved fhali reply again without leave; the Couil 
TT.ay proceed to puniHi any fuch offender, by fine or imprifonmcnt, or may 
bind hmi Over to the next fuperiour Court. And if in a General Courts 
any nufcr.nage fhall be axnongft the Magiftrates, when they ate by them- 
felves, It fhall be examined and fentenced amongfl: thcmfelves, ifamongft 
the Dcputyes when they arc by themfelves, it fliall be examined and fen- 
tenced when they are by themfelves , if it be when the whole Court is 
together, it fhall be judged by the whole Court. \^idj7, ^i,"} 

7. For the letter Admwijlration of fuflice , and eafiii£ of the Country^ 
■p . <^f imneceffary charges and trarciile ;■ 

It is Ordered by this Court and the Authority thereof. That there bee 

Tot Courts of two Courts of AfRf?ants[yearly kept at Bc.flon, by the Governour, or X>e- 

...trftjot*. pijty Governour and the reft of the Magiftratcs, on the frfi Tuesday of 

the frfl >nojith, and on the frfi Tuesdrty of the fevcuth monthy to hear and 

iheir power. determine all, and oncly adtions of Appcale from inferiour Courts, all 

Caufes of divorce , all Capital and Criminal Caufes, extending to Life , 

Member cr BaniHiment. And tl,at JiiflJcebcnotdcfcrrcd, nor the Country 

L j. F. S- needhlly charged; It fhall be Lav;u>ll for the Governour, or in his abfence 

r,ov?r,inur nay the Deputy Governour (as they ftaH judge neceffary) to call a Court of 

affiftjMr'"^ Aff.llants for the Tryall of any Male favour in Capital Caufes. 

Alio there fhali be County Courts held in the fevcral Countyes, by 

the Magiftrates living in the refpecfiive Counties, or any other Magiflraics 

that can attend the iame, or by fuch Magiftrates as the General Court 

L.t.P- '4, fha'l appoint from time to time; together with fuch pcrfons of worth, 

/ f, where there (hall be need, as ftall from time to time be appointed by th«: 

General Cowt ( at the nonnination of the Freemen of the County) to be 

County coDrts j^-yncil in CommiHion with ti.e iMa^'fi^rates, fo that they may be Five m 

who ktr»p them all, Three v.'hcreof may keep a Comt, provided there be one Magifirate; 

Every of which Courts fliall have full power to hear and determine all 

iu'djer'"'' Caufes, Civil and Crimina!, not extending to Life, Member crBanithment, 

(v/nich with Caufes of divorce, arcrefcrved to the Court of AiTiilants) and 

tbi.rPower, ^^ {r.;k.e and conftitute Clerks and other p.eedfull OfF.cers, and toSiunmcri 

ji/ryes cf /nqueff, and Tryals ovir of the Tov/ns of the County; Provided 

no Jurors fhali be warned from Sahmto hfwich^^notfroinJpj'wichioSalew 

and ibe times and places fer holding the County Courts fliall be as fol- 

loweth 



«P't 



Courts. 37 



S V P F O L K. 

Boflon the lafc tiiefday of the fecond Month. 

The.Iaft tueWay of, the fifth Month. JSTcwT 

The lajl tnerday of the eighth Month. courts. 

And the laft tuefday of the eleventh Month. 

Ti^O R F O L K 

Saliibttry the fecond tuefday of the fecond Month 
Hampton the fecond tuefday of the eighth Month. 

ESSEX. 

Salem the laft tuefday of the fourth Month. 
And the laft tuefday of the ninth Month. 
[}fwtch the. laft tuefday of the firfl Month. 
And the laft tuefday of the feventh Month. 

P A S C /I r A 0JV A 

rpll7fmouth J ^'^^'^^ tuefday of the fourth Month, 
t^lDD LeSEX. 

Charljlown the third tuefday of the fourth Month, 
And the third tuefday of the tenth. Month. 
Cambridge the firfl tuefday of the fecond Month. 
And the firft tuefday of the eighth Month. 

TOR K S H 1 7i^ E. 

Y'orj^the fir/l tuefdav of the tifth Month. 
Ny^MPSHlRe. 

North-Ham^lon the laft tuefday of the firft Month. 
S^rwijkld the laft tuefday of the feventh Month, 



A Judgement acknowledged before any two Magiftrates and the Se- T « o t 

cretary or Clerk of any Court, ftiall be good in Law, and the Clerks Fee jo'dgiS^nt -'c- 

for Recording the fame fhall be twelve pence, and if the Secretary or Clerk koowic«igcH b-- 

bc a Magiuratc, he with one Magiftratc may do it. ftr»ttj. 

8. For the more fjxedy difpatch of all C^ufes which ^aJl concern Stran- L.i.p.iJ". 
^ff J, vho e4tr.mt mthout ireJuctKe fay tn attend tlx ordmary Courts of 
jvjiicc j 

h is Ordered, That the Covernour or Deputy Oovernour, with any 
two Magiftrates, or when the Covernoin-, Deputy Govcrnour, cannot at- fo/wran^is'^*^ 
tend it, that aHV three Magiftrates fhall have powet upon the rccjueft of 

G i fuch 



38 Courts. 

Rich Stranger, to call a fpecial Court to hear and determine all Caufej 

civil and criminal (triable in any County Court according to the manner 

of proceeding in County Courts) which fliall arifc between iuch Stran- 

^^urunlfol'e gers, or wherein any fuch Stranger fhal! be pariy. y\nd all Records of fuch 

tranrmiiitd lo proceedings, fliall be tranfm-.tted to the. Records of the Courtof AfTiflants, 

Affirtjms. to be entred as trials in other Courts (which flial! be at the charge of 

the party caft or condemned in the cafe. £ '^3»-^ 
I..2.P.15. Jt is further Ordered that it flia!! be lawful for any Stranger, upon 

fo'Vueir'a^n^'" '^S^' SuiTimons, to enter any Acflicn in any Court of this Jurifdiflion, a- 
Court. gainrt any pcrfon not rcfiding or Inhabitant amongft us. 

L.1.P.36. p. For !frevct}t/}j£ all occafmns of partial cr undue trcccti'ings^ in Courts 

of fufticc and avctdhig of jedoufies -^ 

\z is Ordered, that in every civil Caufe, between Party and Party, 
. ■ ^ leUtea '^vhcre there is between any Judge of tr.z Court, and any of the parties, 
ro panics n.,tio the Relation of father and Son, either by Nature cr Marriage, Brother 
j;,»c Sentence. ^^^ Brother, Uncle and Nephew, Landlord and Tenent in matters of con- 
fderable value : Such. Judge, though he may have liberty to give reafon- 
ab!e Advice in the cafe, yet ihall have no power to Vote or give Sen- 
tence therein ; ncitiitr fnail fit as a Judge, when he fhail fo plead or give 
Advice therein. [] i^sJ- 3 

L.i.P.i(5. 3 0. It is Ordered by this Court j that every pcrfon, that is to An- 

ofTendi-r to he fwcr for any criminal Caiifc, whether in Prifoncr under Baylej his Caufe 
]udped ihcncxt ^^^jj ^^ |,^^^.^^ ^^^ determined at the next Courr that hath proper cogni- 

y.ancc thereof, if it may be done without prejudice of Jufticc. £ '<^-f /■• J 

A 54 P. 2. ir. Forafmuch as the proceed i>igs of this Cxiurt arc often kindred ly in- 

troducing f articular cafes cf a private nature-^ 
T,i difr.cuit «. jf ,^, therefore Ordered, that no Court fhall transfer the Cafes comc- 

fos conns may . , , i i i • i_ i • i • ■ 1 

onfuii will, ing before them, and proper to their cognizance, whether civil or crimmnl-, 
cLn""'^^ but if there be difficulty in any cafe the Couit fliall flatc the C^ueftioii, 
leaving out the parties Names, and may prefent the fame to the General 
Courr, where it may be refolved j and according to the faid rcfolution of 
the General Court, the Infetiour Court that prcientcd the Qucftion, fhall 
at their next meeting proceed \o Judgement or Sentence. \_ i6s4.^ 

I.2.P.4. ^2- E^'cry Court within tliis Jurifdi(flion where two Magiftratcs are 

couiiiy lonrts prcfcnt, may admit any Church Members, that arc fit to be Freemen, gi- 
niayadmitfrcc .^,ij^ tbom the Oath, and the Clerk of each Court fhall ccrtifie their 
Names to the Secretary at the next General Court. {_i6^'ri.} 

It is Ordered that the Secretary at the requefl of all fuch ffs are ad- 
10'^"^ "d'd '^''^'^'^^ ^° *^^ frcedgme of this Colony or any in their briiaif, give a true 
copy out of this Courts Records of their Names by them to be delivered 
to the CItrks or Recorders of thofe Courts in the feveral Counties to 
whici) they do belong, with a copy of the Oath of' Freemen as it is now 
Hated, lha.t they may there take their Oathes, &c, \_ 1666!]^ 

Courts ty^joifrnments. 

WHfncd thrtiifh the extremity of ike feisfons in tfjis Cou>tt»y, or other 
accidents that often happen, thai Courts of Jttjiice arc fcnctiffies 
rut by-io the gre^t frejudice of Jujlice-y. 

'lias 



Crneltys .Death untimely. Debts^ 3 j 



This Court doth therefore Order, that henceforth it fhall be in the 
power of any one or more of the Magiftrates, being prel'ent at the time 
and place where the Court is to be kept, to Adjourne the faid Court to 
fome more convenient tinne, as though the whole Court had been met; ^^^i^, *^°"" 
and all Jury men, Witncffes and Parties fummoned to attend the Court, 
either in Civil or Cnminal Cafes, according to their refpecflive Summons, 
Obligations, Attachments or other Procefs are hereby bound to fqch A- 
journments, and all proceedings to remain in force as though the ordinary 
courfe of time had been attended [_i6& i-'} 



C A V E L Tr. 



IT is Ordered by this Cotirt, That no man (hall exercife aoy Tyranny Cttriiy. 
or Cruelty towards any Bruit Creatur&s, which are ufually kepi for the 
ufcofMan. [/<^4/.J 



Death Untimelj, 



JT IS Ordered by this Court and the Authority thereof, thatwhenfoever """.'''J' <'"'•' 
any Perfon fha'l tome to any fuddain, untimely or unnatural death; by a Jury. 
Tome AfTiftant or the Conftable of the Town, fhall forthwith Summon a 
lury of twelve difcreet Men to inquire of the caufe and manner of their 
Death, who fhall prefent a true verdtd thereof to fome near AfTiftanr, or 
the next County Court upon their Oath. {_ 1641. 2 



DSsrs by BOOR 



OJ^ com^hint^ <ind eonjidgrationof fuAdry hiMvenitnea holh te Credii 
tati .and Debtors, through want of fiafonabie examination and bal- 
ancin? of Bcokaccomfts :, 

It" is Ordered, a.nd by this Court Enaifted, that all fuch Book debts aS 
are now ftanding out, or that hereafter fliall be made, and that fhall not 
•within three years after publication hereof, or withm three years after Bwkd.vts to 
fuch debt as hereafter fhall be made, be accounted for or ballwced with tliMo's""*-''- 

ihc 



40 't)eputi(s. 

the Original Debtor or his Attorney, Agent, AfRgnc, or oth.cr lawful Sue- 
ccfior or Subftitute, and en Accompt cr Ba!!ance thereof, afTiircd by Spe- 
cialty given for it, or witncflcd by fi^bfcribing the Debtor or other Ac- 
comptants Name to the Creditors Book, or Subfcription of fhc Witncf- 
fcs to fueh Accompt, fhill not be pleadable in any Court- imlefs fucli 
Book debt Aiall within the time before limited, be profccutcd or proved 
in fuch Court as hath proper cognizance thereof, by Evidence competent 
and approved by the (aid Court: And the'Evidence there Recorded, and 
the Record thereof, (hall fccure the Creditor, his Executors and Affignes, 
unicfs the Debtor or his AfTignes (hall diCprovc the fame, within one year 
sfrcr fuch proof made, or recovery of the faid Debt, if fuch Debtor, his 
or her Agent, Attorney, AfTignc, Subftitutc, Executor, Adminiftrator ot 
other lauful fucceffor, be or fhall be within this junrdidionj oreifewhere, 
and have due notice from the Creditor thereof. 



Defuffer for ike General Court. 



^"''j'^er ^^'''^"' "fT" is Ordered by this Court and the Authority hereof, that henceforth-it 

^ '"" ' X fliall be lawful for the Freemen of every Town, to chufc (by Papers) 

Deputies for the General Court; who have liberty to meet together, to 

confer and prepare fuch pub'ick bufmefs, as by them fhall be thought fit 

TSeirpowfv to bc confidcrcd of at the next General Court, who alfo fhall have the 

fifl! power of all the Freemen deputed to them, for the making and efta- 

bbfning of Lavrs, granting Lands, and to deal in all other affaires of tlic 

Commonwealth, wherein the Freemen have to do, the matter of Elc(flion 

of Magiftrates and other Officers onely excepted : wherein every Pree- 

nian is to give in his Vote ; Provided that no Town fhall fend more then 

(j.mi^cT of Dc- two Deputies, and no Town that hath not to the number of twenty Frec- 

puiif-^obe frn- men fhall fend more then one Deputy; and fuch Plantations as have not 

ToZ^s'" " " tfn Freemen fhall fend none, but fuch Freemen may Vote with the next 

lown, in the choice of their Deputies, till this Court take further Order. 

A- ^3- And all Towns that have not more then thirty Freemen, fhall be at ii- 

hcrty of feixiing or not fendmg Deputies to the General Court. [ 16^6. 

Libertytorhure *• And the Free men of any /7)/Vf orf^trw, have liberty (0 clioofe fuch Dc- 

pfpuirt' d^'ei- piities for the Gencrall Court, cither in their own fhire Town, or clfe where 

in^^hfi'^jurifa'' 3s they judge fitteff, f'o be it tfiey bc Freemen, and Inhabiting this Jurif- 

^'C'o dicftion. 

^'J^'ihli'^'/wn ^"^'^ when the Deputies for the fevcral Towns are met together at any Ce- 

houfil " ^^xxA Court, it fhall be lav/fu! for" them or the major part of them, to 

hear and determine any difference that jp.ay arife about the Eletfijon of 

any of their Members, and to order what may concern the well ordenuj 

of ihcir body. 

And hrefl.tifc we cflmf^t fcrefee rvhat variety and rvti^ht of oeeafiofts *»iy 
full irJc future coKfidcratiortf and what Connjtls wf may Jl and in need of -^ 



Diflrefs. 4 1 

It IS Ordered that the Deputies of the General Court, (hall not at iny 
time be ftated and continued but from. Coutt to Court, or at me'll but ko D'puii.s ^n 
for a year, that the Country may have an annual liberty, to do mthat cal> oo»jfjr ' 
what IS mofl behoofful for the welfare thereof [_ /^-^/.j-^.j/^ 

And it is further Ordered, that no'man allhoiigh a Freeman fhallbe Ji.s4-f-3- 
accepted as a Deputy in the General Court, that is un found m Judge Depin^sTo bj 
inent, concerning the main points of ChndiHn Religion, as ihey have been o"'"^"" 
held forth and acknowledged by the generality of theProteilaiu Orchndox 
Writers j or that is fcandalous m his converfatior, or that is unfaithful to 
this Government. 

And it is further Ordered, that it fhall not be lawful for any Free- 
man to make choice of any fuch perCon as aforcfaid, that is known to 
himfclf to be under fuch otfence or offences fpecificd, upon pain or pt^ 
nalty of five pounds, and the Cafes of fuch perfons to be tried h.y the 
whole General Court. [ /<'/-^. J 

And henceforth the Conftables of each T<nvn, fhall return the name 
of the perfon or perions chofcn by the Freemen to be Denuties for the fuTo'^^o 
General Court, and the time for which they are chofeii, wiiethcr for the <-*">'''^ I>p""« 
firft SefFion or for the whole year. And every Conftable that fhall faileir^^ " 
in his duty herein fhall forfeit the fura of twenty fhillings, to be paid to 
the common Treafury ■■, and all perfons fo chofcn as aforefaid, accepting 
thereof, which fhall be abfent from the houfe, during the time <i\ their 
fitting, without juft grounds <b judged by the houte, flia!! pay tv/enty 
fhillings a day for every fuch defecfl, and the feveral returns of each 
Conftable, (hall be kept on file by the Clerk of the Deputies untill the 
Court be ended. [ i6j4-^ 

It is Ordered by this Court and the Authority ttrerecf, that no per r ^^^^ Atturn. 
fon who is an ufual and common Attorney in any Inferiour Court, fhall eyoo Deputy 
be admitted to fit as a Deputy in this Court. 



CBTiftaVlf fo re- 



X>1STRES S E 



IT is Ordered by this Court and the Authority thereof, that no mans 
Corn or Hay that is in the field, or upon the Cart, nor his Garden ftuffe, 
nor any thing fubjcil to prcfcnt decay, fliall be taken in Diftrefs, unlcfs C)iftrff» opoo 
he that takes it doth prcfcndy bcftov/ it where it may not be imbezled, ^°'''°'^^^ ^'^ 
nor fufFer fpoile or decay, or give fecurity to fatisfic the worth thereof^ 
if it comes to any harm. C '<?4'0 






4 '' Dowries. Tiromr-s. 



DOWRIES, 



FOrafyimch as m fymfon hath leen made for am certain mainicmnce of 
Wives after the decease of their Husbands-^ 
ui'JThl'rVoP ^^ '^ Oidered by this Court and the Authority thereof, that every 

their Husband! Married Woman, fliving with her Husband in this Jurifdiflion, or other 
Lands.&c. vhcie abfcnt from him with his confent, or through his meer default, os 

inevitable providence, or in cafe of Divorce, where fhe is the innocent 
party ) that fhall not before Marriage be cftatcd by way of joynture, in 
fonie Houfes, Lands, Tenements or other Hereditaments for tcarm of life, 
ihall immediately after the death of her Husband, have Right and Intereft 
by way of Dowry, in and to one third part of all fuch Houfes, Lands, 
Tenements and Hereditaments, as her Husband was feized of to his own 
life, either in poflefTion, Reverfion or Remainder, in any Eflate of Inhe- 
ritance, ( or Frank tenement not then determined) at any time during the 
Marriage, to i)ave and enjoy for the tearm of her natural life, according 
to the Eflate of fuch Husband, free and freely difchargcd of, and from all 
Titles, Debts, Rents, Charges, judgements, Executions and other Incum- 
brances whatfoever, had, made or fuffercd by her Husband, during the 
laid Marriage between them, or by any other perfon claiming by, from 
or under him, or otherwife, then by fomc Ad or Confent of luch Wife 
L.Z. p. 5' fignified by writing under her hand, and acknowledged before fomc Ma- 
giftrate or others. Authorized thereunto, which iTiail bar her from any 
Right or Intcrcft in fuch Eftate, And if the Heir of the Husband or 
other perfon Intercfted, fhall not within one Month after lawful demand 
pif'tioTe Ui made, affignc and fct out to fuch Widdow her juft third part with con- 
<«rt. veniency, or to her fatisfa(fticn, according to the intent of this Law, then 

upon a Writ of Dowry, in the Court of that Shire where the faid Houfes, 
l.,ands, Tenements or other Hereditaments fhall lye, or in the Court of 
AfTiilflnts, if the fame lye in feveral Shires^ her third part or Dowry fhall 
be alTigTied her, to be fct out in feveral, by Mets and Bounds, by fucd 
perlons &s the fame Court fhall appoint for that purpofe, with all ccfts 
and damages fuftained^ Provided alwayes this Law fhall not extend to 
any Houses, Lands, Tenements or other Hereditaments fold or conveyed 
aM/ay by any Husband "Bona fide ^ for valuable confideration before the lafk 
of November cne thoufmid fix hundred and forty jcven. Provided alfo that 
every luch widdow fo cndov/ed as aforefaid, fhall not commit or ftiffcr 
Not to foff« zi\y jirip or wafle, but fhall maintain all fuch Houfes, Fences and Inclo- 
flripof waftc. j.^^^^ ^^ ^^jl 1^^ afTigned to her for her Dowry, and (hall leave the fame 
in good and fufficicnt reparation in all rcfped^s. [_ t64i.'} 



I> ROGERS. 



IT is Ordered b^ this. Court xnd the Authority thereof. That if anymati 
fhall have occafion to leadj or drive Cattle from place to place that ts 

far 



XttltfiaJiKCh 4 3 



far ofF, fo that they be v/eary, or hungry, or fall fiek or lamr, it Diall be 
lawfull to reft and refrefh them for a competent tim^" in any. open place 
that is not Corn, Meadow or inclofed for fome j^articular ufe. £ /^^/.^ 



AL L the People of God vulth'm tk'ss "jurifdi^ion, who are ml tn a Church 
\;ay, and be Orthodox in ]iid^c;ncnt, and not, Scartdalvus i-.i Ufe, Shall i.ib<'t7 fo gi. 
have full liberty ro gather thcmfelvcs into a Chtirch Eftatc, provuletl they >'':tc>n;tch;5 
do it in a Chriiii.an way, with the obfcrvation of the Rule^> of Cluifl ic- 
vealcd in his Word. 

Provided alfo, that the General Court doth not, nor will hereafter wnh epprnhju- 
approvc of any fuch companies of men, as fhall joyn in any pvetend;.'d """I* ^f*7,„ 
w^iy of Church- fellow (hip, iinlefs they Ihall acquaint thtee or more Ma 
giftrates div/elling next, and the Elders of the Neighbour ChurciieS where 
they intend to joyn and have then- approbation therein. 

a. It is further Ordered, that no pcrfon bong a Member of nny 
Church which fhali be gathered without the approbation of the Magi- 
Urates and the faid Churches, fluU be admitted to the fteedome of this 
Common- wealth. 

3. Every. Church hath free liberty to cxercife all the Ordinances of 
God, according to the Rule of the Scripture. 

4. Every Church hath free liberty of Ele(f\ion and Ordination of all to ciuff chuTt> 
her Officers from' time to time, provided they be able, pious and Orthodox. °'*""** 



Mcrobtra 



5. Every Church hath alfo free liberty of Admiffion, Recomirienda- 
tioi., DifmifTion and cxpqlfion, or Difpofal of their Ofhcerfi and Mem- 
bers upon due Caufe,, with free Exercife of the Difciplinc and Cenfures 
of Chrift, according to the Rules of the Word. 

6. No Injuniflion fhall be put upon any Church, Chnrch officer or NoHumjne in. 
Member in point of Dodrinc, Worfhip or Difciplinc, whether for Sub- '^"'"^■""''' 
Aaii«re 01 Circumftance befides the Inlhtiition of the Lord. 

7. Every Church of Chrifl, hath freedome to Celebrate dayes of 
Failing and Prayer and of Thanksgiving, according to the V/ord of God 

8. The Elders of Churches and other Brethren and Mertengcrs, have £•<»'« cr-ccilng 
liberty to meet Monthly, Qiiarterly or otherwife, in convenient Numbers 

and Places for Conferaice and Confultation, about Chriftian and Church 
Qucftions and Occafions, provided that nothing be concluded and impo- 
fsd by way of Authority from one or more Churches upon another, but 
oady by way of Brotherly Conference and Confultation 

$. All Churches alfo have liberty to deal with any of their Members 
ia a Church way, that are in thi. hands of juftice, fo it be l^of to retard, 
and hinder die couiie thereof. 

H i io» Every 



44 Sccltfafiical. 



JO. Every Cho.ich. hath libcvry tv deal with any M^giltrate, IJeputy 
of Court or other Oiricer •whaffoever, that is a Member of theirs, in a 
Church way, in cafe of apparent and juft offence^ given in their places, 
c'"-'r^J'ci^bfrty fo it be done with due obfervaiice and refpe(^. But no Church Cenfure 
Heirnifmbeni. fhall degrade or depofe any man fro.m any Civil X^ignity, Office or Au- 
thority he fhall have in the Common-wealth, 

ri. The Civil Authority here cflabliflied, hath power and liberty to 
fee the Per.ce, Ordinances and Rules of Chrift be obferved in every 
Church, r.ccordmg to his Word as a!fo to deal with any Church-member 
in E. way of Civil juftice, noi-vViihftanding any Church Relation, Office or 

Intcrefj. 

Tru>iemtet;t)%i IJ. Private meetings for Edification in Religion, amongfi: Chriftians 

of all forts, 'hall be allowed, fo it be done without juil oft'ence, for num- 
ber, time, place and other circumftanccs. [_ z^^/.]] 

13. The Trcafurer of the Country, fliall defray the charges of the 
L. 2. p.7 Elders of our Chiirches when they arc imploycd by fpecial Order of the 
General Court. [ /^<f^.3 



irhr-c^s H is the duty of the Chriftuln Magiflrate to take care the 

^ g Jf :_";• he fed rpi'.h whckfor/i: and fciind DoBrme^ />tid in this hour of ttm- 

i:r.::?r. nt'-'trdn the Entmy deji£::ctb to fciv corrupt feed. Every company, 

cr.':.::- he tko::^ht r.hk or fii\ to judp^e of ihc Gofpel malifications required m 

(h- t;:h]!Ql-:^d.jpt;:fcrs of the Word, and ail Socief.cs of Chnflinns are hound 

Cc-nj-;prj!:K v.-,. r-Tr?:.'! Order c.::d ComrMiy/ic/: of Cbt/.rchc:^ cbr.fideriyijr^ alfo the rich blef 

c^.l'k'l".?''*'''' _/?/?£■ cf God, fiorpi:-:'^ from the good r.orccrr.:nt cf the Civil and Church-eftate^ 

cr.d tbs horrible :':::fct:;fs and cy.ifiifiz:^s that follow en the contrary \ 

it is therefore 0-dere:l, that henceforth no perfon fhall publickly and 
c-riir-ntiy Frer.c>. to any company of People, whether in Church Society 
cr no':, or be Ordained to the Ofike of a Teaching Elder^ where any two 
Orra-ick Ci-ii-rches, Co".:ncil of State, or General Court (hall declare their 
fcif:r.tit'.'f.aicn tiieroat, either' in reference to Dcftrine or Praftife, the faid. 
Cffeacc being declared to the faid company of People, Church or Per- 
fon, v.ntiU th:: Oiier.ce be orderly removed ; and in cafe of Ordination of 
£ny 7'crch:::g Els:r, timely notice thereof fhall be given unto three or 
foi',r of the ne)ghb-j-.::::'g Organic!^: Ciiurches, for their approbation.[]/^/^3 

34. Forafmuch as the open contempt of Gods Word, and Mejfcngers 
thereof., is the defolatbig f-n of Civil State and Churches j 

It is Ordered, that if any Chriivian (fo called) within this Jurifdi- 
«flion, fiiali contc-mptuoufly behave himfelf, towards the Word Preached, 
of ii?s lorb".'''"^'' «!■ ^^'^ MdTengsrs thereof, called to difpenfe the fame in any Congrega- 
tion, when he doth faithvrJly execute his fervice'and Office therein, ac- 
cording to the Will and Word of God j ci'Lhcr by interrupting him in his 
Preaching, or by charging him falfely with any Error, which he hath not 
taught in the open face of the Church, or like a fon of Karah, caft upoa 
his true Dodrinc, or himself any Reproach to the difhonour of the Loid 
jefus who hath fcnt him, and to tlic difparagcment, of his holy Ordinance, 
and rnakii^g C^od? waycs contemptible and ridiculous: that every fuch. 
perfon or pcffoifS ( whatfoever cenfure ti>c Church may pafs) fhall forth': 



Ecckfdjlical. 



4S 



i.-'.f/* 



DiftlltVrr? of 
Ordtr and p^ac^ 

ot f hurihtspc. 
nally- 



fkd Scandal be convcnted and reproved openly by the Magiftrate at fome 
LcsTu're, and bound to their good behaviour. 

And if a f:tcr.d time they break forth into the like contemptuous car- 
riages they rha!! eithsr pay five pounds to the pubiick Treafuty, or ftand 
two hours openly upon a Block- or Stool, four foot high, on a Leituro 
day \vith a paper fixed on his breafi:, written in Capital Letters, 

AN OPEN AND OBSTINATE CONTEMNER OF 
GODS HOLY ORDINANCES, 

that others may hear and be afharfied of breaking out into the like wio* 
kednefs. [ id-ffi.'] 

And every Chriftian as aforefaid, that (hall go about to dcftroy or 
difturb the Order and Peace of the Churches eftablifhed in this Jurifdi- 
£\ion by open renouncing their Church eflate, or their Miniftry, or other 
Ordinances difpenfcd in them, either upon pretence that the Churches 
were not planted by any new Apoftic, or that Ordinances are for carnal 
Chriftians, or for Babes in Chrift, and not for fpirituai or illuminated pcr- 
fons or upon any other fuch like groundJefs conceit ; every Inch per on 
who tliall be found culpable herein, after due means of convidiion, lliall 
forfeit to the pubiick Treafury, forty fliillings for every month, fo long as 
he ihall continue in that his obftinacy, [^ 164.6.1^ 

1 f . wherever the M'mijlry of the Word is Eiiuhli(l7cdy according to tho 
Order of tke Gofpcl throughout this furifdidrnt ^ 

Every perfon (hall dueiy rcfort and attend thereunto refpe(fiivcly on the 
Lords dayes, and upon fuch pubiick Faftdayes, anddaycsof Thankfgiving, 
as are to be generally obfcrvcd by appointment of Authority. And if any 
perfon within this Juril'didlion (hail without juft anJ neceffary caufc, 
withdraw himfelf from the pubiick Miniftry of the Word, after due means 
of convi<f\ion ufed, hefhall forfeit for his abfence from every fuch pubiick 
meeting fve flu/lmis. And all fuch offences may be heard and delcnmned 
from time to time, by any one or more Magillrates. [ rS^S.j 

16, To the end there may be convenient Habitations fof the A'ttnijlcri 
of the wordj 

It is Ordered, that the Inhabitants of every Town, (hall take care to ^,;„•,rter.^o«r« 
provide the fame, cither by hiring fome convenient Houfe, for the life of ^fw to he fro- 
the prefent Miniflcr, or by compounding with him, allowing him a com- 
petent and reafonablc fum to provide for himfelf. To long as he fliall con- 
tinue with them, or by building or pui chafing an houfe for the fvliuilter 
and his fucccHors in the Miniftry, as the major part of the faid Inhabitants 
fhall aeree. And the particular fums aflcfled upon each perfon by a juft 
Rate, fhall be coUcded and Icvyed as other Town Rates, 



Abtoncc fhom 
Meeting 



17, That there may he a fettled and tncourafm^ maintenance of Mi 
mflers in all Towns cr.d Congregations within thit It'.rifdidion . 

It is Ordered, that the County Court in every Shire, fhall upon in- 
formation given them of any defe<ft, of any Congregation or Town within 
the Shire, order and appoint what maintenance dial! be allowed to tlie Mini. 
iter of the place, and fhall iffue out warrants co the Sclcc'r men to adcfs the In- 
habitants, which the Cohftab'c of the fiid Town fliall coiled and levy as other 
Town Rates. And it is hereby Declared to be our intention that an honourable 
allowance be m:dc to the Mihifter, rcfpeOjng thu abUiiyof the place, and 

I ii" 



A.s4-^.. 



Provifion fc 

Minirkrs m.iia- 
tcoance 



4^ FccLfaJlkd. 



it atry Tov/n fhali finda thiiiit'vcs burdened ' by the Aflbfsrn2n:<3 of the 
County Courr, tliey ir.iy ccrnplaiii tc me Court, which will at ail times 
be ready to give juil relea.^^ to all men. [^ iij./.J 



yT h-'v.g the graat duty cf this Court ^ to provide that all Places aadPecpIs 
1 ryjtkin our Gates be fu(^li£d of m 4ihk and faithful Minifler of Cods 
JHoly Word-^ 

Be it therefore Ordered and EnaOed by this Cotirt and the Autho- 
rity thereof. That the County Courts in their r/efpccftive-precirKfls, do di- 
ligently and carefully attend the cx£cution of fuch Orders of thi3 Court, 
as concerns the maintenance of the Miniflry, and the purging of their 
Towns and Peculiars from fuch Miniftry and publick preachers as fhali be 
I'rcvifion fornn fouud vicioiis in their lives, or pernicioufly Kctrodox in their Dotflrine; 
QbicMinift>j. aj5ji for ^\\ places deftitute of an able and faithful Mimftry, that they ufe 
their beft endeavour for the procuring and fctling cf fucb faithful! La- 
bourers in Gods Vineyard, and that the charges of their procuring-, and 
fetling, be levyed on the Inhabitants, as; the Law for maintenance of Mi- 
nifters direfts; and that for the future there may be no ncgle<ft hereof; 
the Prefidents of each County Court, fliall duely from time to time give 
it in charge to the Grandjuries of their refpetftive Courts, to prefent all 
abufes and ncgleds of this kindc, and that with all care and diligence the 
fame be redreffed, that fo the Name of the Lord our God being known 
in our dwellings, and exalted in our g^itcj, he may f^ill delight in us, to 
continue his favourable prefence with us, and our unparaleld enjoyments 
both temporal and fpintwal, which through the rich mercy of God ia 
Chrift hitherto we have enjoyed, and not be provoked through our pro- 
phane flightings and.defpifu^g thereof, to bereave us and our poUeidtics of 
fuch choice Mercies. [ i66o.~\ 



VY\ 



''Hereas the Chy'ipan Magijlratc is lound hy the Word of God top-e- 
fervc the Peace, Order or Liberty of the Churches of Chyiji^ and by 
all due means to promote Religion in T>silrine and Difciplme^ accordtng to the 
Word of Cod-^ and vphereas by our Law, tit. Ecclefiajti:al^ SQ.€i.4. 
cht.;ce ofchurcb It IS Ordered and Dedt-redj that every Church hath free liberty cf 

oificefs. Calling, Eledion and Ordination of all her Officers, from time to time, 

provided they be able, pious, and Orthodox: For the better explanation 
of the faid Law, and as an addition thereunto, this Court doth Order and 
Declare, and be it hereby Ordered and EnaCled, that by the Chu'.ch, is 
to be meant, fuch as are in full Communion onlyj andihat the teaching 
Officer or Officers of fuch Church or Churches, we do intend fhall be 'the 
Mmiftcr or Minifters to all the People in that Town where fuch Church 
or churches are planted ; and that no Inhabitant in any Town fhall chal- 
lenge a right unto, or aft in the Calling or Eledfion of fuch OfBcer or 
Minifer, until he be in full communion, upon the penalty of being ac- 
cour^ted a diflurbcr of peace and order, and to be punifhed -by the Court 
of that Shire, either by Admonition, Security for the good Behaviour, Fine. 
or Imprifonment, accoxding w the c^viality and dcgre of the offence. 



Eleiuom. 



EUcttom, 



47 



ELECTIONS, 



TT is Ordered by this Court and the Authority thereof, that for the year £,,,>, on tr in- 
ly chtifing of AfTiftants, the Freemen (hall ufe Indian Corn and Beans J'o^comjnd 
the Indian Corn to manifeft Election, the Beans contrary ^ and if any ^""^' 
Freeman fhall put in more then one Indian Corn or Bean, for the choice Non tu' rr«- 
orTerufal of any publick Officer, he fhall forfeit for every fuch offence "-""n^o" pui in 
ten pounds, and that any man that is nor free, or hath not liberty of '"''"" 
voting, putting in any vote, fhall forfeit iha like fum of ten punds. 

2, For the percnt'm^ many imonve?iie»ce:, that otherwise may mfe 
upon the yearly day cf EkfUon, and thai the- nork^of that day may ^ be the 
more orderly, eafdy and fpeedily ifjued; 

It is Ordered by this Court and the Authority thereof j that the Free- ^^'f^p Py«'^o 
men of this Jurifdi(ftion, which fhall not perfonally appear at '^cJIok, to '*"'• f**'*'^'-^ 
give in their votes on the day of Elcdiion, fliall and may in their fccra! 
Towns, from time to time give in their votes for Eledions, befcrc their 
Deputy aiid the Conftable, who dial! take them ard Seal tbeni up in di- 
Itind papers, and fend them to the Court of Eicdiotis^, all t!;c A.^ifrants 
to be chofen by Indian Corn and Beans^ as abovefaid. 

The Governour, Deputy Governour, Major Genera', Trcafurcr, Se- eifaocovtm 
cretary, and CommilTioners of the United Colonies, by wrighiing the ^t*>if't^ 
names of the pcrfons Ele(fled, in papers open, or once fouldcd, noc twi- 
ftcd nor rowled up, that they may be tlic focncrpcrufcd. And fuch fivmll 
villages as fend no Deputies, the Conftable thereof, witii two or three of 
the chief Freemen fh?.ii receive the votes of the reti of rl:c Freemen, and 
deliver them together with their own fcaled up, to the Deputy of the 
hext Town, who fhail carefully convey the f^me unto the faid Court ni 
Eledion, [ i 6aj. J 

3. Forasmuch c: the choice of jiffiflants or tj^4nq^tflratii yearly, is of L.2.p. 10. 
great concernment, end with all care and circiimf^e^twn to he atttn{[cd; 

It is Ordered by thie Court and the Authority thereof, that the Con- 
flables of every Town within this Jurifdtflion, fhall call together all iheir 
Freemen fome day in the fecond week of the fnft Wonth Vearly to ^.jz-f- ij. 
{?ive in their votes in diflin6i- papers for fuch perfons (being' Freemen 
f-.nd refi dent within this JurifdKnion, as well the Magiftrates m prefent 
being as others) whom they defire to have chofen for Magiflrates or Af 
■fii'tants at the next Court of EiedTtion, not eTcceeding the number oi M°g';ftrVic" i*" 
eighteen, and no Freeman /hall put in above one vote for one perfon, un- Towns. 
d.'t! the peiislty of ten pounds for evei')' "offeree. 

And the faid Freemen (fo met together J or the major part of them, 
fhal! then and there appoint one to carry their votes fealed up unto their ^yi jf- 
Shire Towns, upon the lad: fourth day of the week in the Srft Moi\th fol- 
lowing, at twelve of the clock from time to time, which perfons for each 
Town fo alfemblcd, fhall appoint one of themfeves as a CommifTioner of 
each Shire, to carry them to Be/ton the fecond third day of the fecond t^'ilVitun *^"" 
Month, there to be opened and perufed in the prefence of one or two Town, 
i-'la£iftiitf:5 (if ttiey be in Iomjr) if other ■■{'?, by thofe perfons that 

I 2 brought 



,|3 EUSiom. 



i>if Shire to 



brought them at the Ccurt Houfe in Boficr^ or fuch other place as the 

Conimifrioner of St^ffollj fhall appoint; and ihcfe eighteen that have moft 

Votes, fta!! be the men (and they on!y_) v,hich fhall be nominated ct 

ffion- nf ^^^ Court of EleOion for Wagifli-ales or AfTiftants as aforefaid, and the 

ire id'^l faid ComniifTioner of ench Shirc, fnali forthwith figniiie to the ConftabJc 



lurn ihe njrr« f j|^ fcveral Towns' u'lihin their County, in wn^htins; under their hands, 
nominaifd «o the -naiTiC!. of thcfc eighteen pcrlons afoiefaid, all which the Corrftable ia 
theConft.bies ^^^j^ Town Ihall timely fignihc to their Precmen. i\nd as any have more 
Old Migiftrrtes "Votes thcn other, fo fhall they be nominated for EJeflion, except fuch of 
Eieaio'n'! '"''"' the cig.hteen who were Magiflratcs ihc year before, who Ihall have prece- 
dency of all others m nomination on the day of Elei^ion. And if any 
perfon be trufted in this Order, fhall fail in the ' difcharge of their truft, 
Ihall forfeit Icn punds. Q ) 64p. J 

4. It is Declared by this Court, to be the conftant liberty of the 
Freemen of this junfclidlion, to chufe yearly at the Court of Elcdiionout 
of the Freemen, all the General Officers of this j"jrifdi<riion, and if they 
plcafe to difcharge them at the Court of Ele<flion, by way of Vote, ihcy 
rreemen to may do it Without {hewing caufe; but if at any other General Court, 
chofc all gene- We hold it due Juflice that the rcafon thereof be al!eadged and pAiVed. 
ui offtcfTi -gy General Officers we m.tan our Corerncur^ Deputy Coverrour, Jljfij'tar.tSy 
'Ireajtirer, Mcjor (jcncral, yldmiral at 5f/?, C(H7imtjfioyierr fur the Vntted 
Colonies^ Secretary of the General Court, and fuch others as arc, or hereaf- 
ter may be of like General nature. [ v^-f/.H 



W: 



Pcrfons fiteiTipt 



'Hercas it is found by exferierce, that there Ore matiy who are Jnh.l- 
hnants cf this .9u?'ifcliSwt7y who ere Fntmies lo off Coverrtmeut, Civil 
end Eeckfiojtical^ vpho veil!, not yield Obedienee io <i^tdbority, but mahe :t 
tntfch of I heir Keh^ion to be m offcfliiun thireto^ end refufe fo bear yhms 
ur.der others, who notrvithfrandin^ combine together m fomeTvxvy.s,Midrii:iks 
partus juitable lo their dofignes, in EleCiwn cf fueh ^crjons ii.:v)dir.i to 
their ends ^ 

]t is therefore Ordered by this Court and the Authority the'cof, that 
fcom voting in all perfor.s, ^^it^kcrs or others, which refufe to attend rpon the publick 
•Euaxon Woifhip of God here Eftabhfhfd j that all fuch perfons .whether Freemen 

or otheis, a(3ing as sforefaid, fliall, and hereby a>^ made vjncapable of 
Voting in all civil Afl'cmblics during thc-ir obflinate pet-fifling in fuch 
wicked waycs a:ni:lxouifeSj and until" ccitiiicate be givcTi of their Refor. 
mation. 

And it is further Ordered, that all thofc Fines and Mulds of any fuch 
Delinquents as afore fr.io, which are rot gathered nor paid Jo the feveral 
Trcadircrs of the Counties, zs alfo what Fines fhalJ be Icid on them for 
the future, fnall be delivered by the Order of the County-Ticafurers re- 
fpecflivcly to the Selcd men of the feveral towns whcreunto they belong, 
to be by ihcm improved for the poor of the Town. 



EJdeats, 



Escheats. Farms, Fairs and Marks*'' 49 



BSCBEATS, 



JT is Ordered "by this Court and the Authority thereof, that vihere no 
Heirorownej of Houfes, Lands, Tenements, Goods or Chattels can be 
found, they fhall be feized to the publick TreaTury, till fuch Heirs or 
Owners (hall make due claim thereto, unto whom they fhall be lertored 
upon juil and reafonable tearms. {_ 1646.'^ 



FARAfS. 



IT is Ordered by this Court and the Authority thereof, that all farms 
which are wit lin the bounds of any Town, fhall henceforth be of the 
fame Town, in which they lye, except Miadford. \_!64i.^ 



laircs and Markets. 



IT is Ordered by the Authority of this Court, that there (hall henceforth ^.q... 
be a Market kept at BoJIok in the County of Syjfoik,-, upon the fifih ^ '' 
day of the week from time to time. 

And at Sakm in the County of i^jfex, upon the fourth day of the v/eek SaUm, 
from time to time. 

And at Ljn on the third day of the week from time to time. Lyyi. 

And at Charljlown in the County of Aifiddlefcx upori the fi.xcli day of Charhtom. 
the week from time to time. 

It is alfo Ordered and hereby Graunted to Soften aforefald, to have 
two Fairs in a year^ on the firit third day of the third Month, and on 
the firft third day of the eighth Month, from year to year to continue 
{or two or thice dayes torcthcr. 

Alfo to Sakm aforcfaid, to have two Fck: in a year, en the lafl 
fourth day of the third Month, and the lafl fourth day of the fcavcnth L.z.p.f^, 
Month from year to year. 

Alfo to watertrmit, m the County of AfiJd'efex, ra'o Faiis in a year, jygteytorfn. 
on the firil fixth day of the fourth Month, and the Srft fixth day of ihc 
fcavcnth Month. 

Alfo to DcrchefteYy in the Coi:ntv of Sujfo\l-y two Fein in a year, on 
the fourth third day of the firft Month, and the laft f^'urih day Oi tho 
eighth Month, from year to year. \_ '<' ,'J} J^iS^i ^'3 i-S-j 



K Ferries. 



50 Ferries. 



FERRIES. 



FO P fettling all common Ferrks :na right couyfe, beth forthe Fajfen^etJ 
and 0)rners j 
M-n rr,-A'P!irs_ In is Ordered by this Court and the Authority thereof. That whoio- 

ow'i'soiti '*""' ^'^^ ^^'■'^ ^ ^^""''y g^ni'^d upon any pafTage, ihall have the fole liberty 
for tranfporting PalTertgers, from the place where fuch Fcn^ is granted, 
to any other Ferry place, where Ferry Boats ufe to land ^ and any Ferry 
Boat that fnall land Fairengers at any other Ferry, mav net take Faffen- 
L ^.p-T- gers from thence, if the Ferry Boat of that place be ready ^ Provided this 
Order (hall not prejudice the liberty of any that do ufe to pafs in their 
o'.vn or neighbours Cannooi or "Boats to their ordinary labour or bufmcfb'. 
But no Ferry man fhall carry over the water any PaiTengers in a Cannoo, 
\cc1^"'k. c^n- ^1^^ in cafe of necefTity, and upon his own defirc, under the pain of fc- 
""•^ fciture of the Camioo or the value thereof to the Trcafury. 

And at \Vf\mouth Fea-ry, every fmglc pcrfon fhall pay for nis PaiTage 
two pence. 

And all Ferry men are allowed to take double pay at all common Fer- 
ries after day light is done, and thofe that 'make not prefent pay, being 
lequired, fhall give their names in wrightin?;, or a pavv'a to the Ferry 
men, or clfe he may complain of any fuch to a Magiftratc for fatisfa- 
Aion. 

And it is Ordered, that all Magidratcs, and fuch as arc, or from time 

:\ipn,tMf, i^i to time (hall be chofen Deputies of tiie General Court, with their nccc£ 

DtpaucsM p'.fs ^^^^j attendance, viz.. a Man and a Horfe at all times, during the time oi 

their being Magiftrates or Deputies (but not their Families) fhall be Paf 

fage-fiCe over ail Ferries, that pay no Rent to the Country. 

2. nyind fcY the Vfc-jsnt'm^ of danger in the Pjijlng at Comrnon, 
Ferries • 
It is Ordered, That no perfon (hall preTs or enter into a Ferry Boat 
:|on: locr.ur ^.^j^fj-^j-y to thc Will of ihc Fctry m,an, or of the moft of the PaficnHcrs firft 
v^itiiout leave of cutrcd upon pain of ten Jliiiiir.^s for every fuch attempt. 
'■wJirtr/teT,":- And that every Ferry n^^an that fhall permit or allow any pcrfon to 
putits or Elders ccmc mto his Boat, againil the will of any of the MagiArates or Deputies-, 
or any of the Elders Ihippcd in fuch Boar, or the greater part of the Paf- 
fengcrs in the faid Beat, fha!! forfeit for every perfon fo admitted or re- 
ceived, againft fuch their will fo declared, the fum of fiv^/2f;' (lullmgs. 

And it ihail be in the power of any of the Ferry men, to keep out, or 
put out of his Boat, any pcrfon that fhall prefs, enter into, or flay in any 
fuch Ferry Boat, ccr.:r£,ry to this Order. 
Men pifsss they And it is further Ordered, that all perfons iTiall be rcccivea into fucn 
pubU:rp'X.s, ^erry Boats accordirg to their comcing firfl or lalT, only all publick per- 
fons, or fuch as go upon pu blick or urgent occafions, as Fbyfttians^ Chy^ 
rurycons and iJ^iidivires., and fuch other as arc called to W omens LabourSj 
fuch flirJl be trAnfporccd with the firft, [ 164 '-,44^4^, 'f?.'] 



Finesi 



Fines. Fitin^. j | 



FINES, 



tT is Ordered by this Court and Authority thereof, that evrry Offender X. ' ■^ J?. 

1 fined fcr the breach of aTiy Penal Law, fliall forthwith pay bis or their 

Fine or Penahy,or give fccurity speedily to do it, orbc mprifored, or kept to pr7fei!uy' *'^' 

-work till it be paid, unlefs the Court or Judge that itnpofed the Fine, fee 

caufe to Tefpite the fame-. And in all Courts, where any Fnie or Fines or ^■'•t- 7* 

other Sums of Money (hall be afleffed or received ^ And alfo when any clerk to rcrvm 

Magiftrate or ComniiflTioncr, ihall aflcfs any Fines, or. receive any Sum, i".!(w'rl° '''* 

for the ufe of the Country, by virtue of any pecral Order, the Secyetmy toiirretn d.^«s 

or Clerk of each Court, and every fuch Magill ate and Commi/Troner, fhall 

within fourteen day es, end a T?anfaipt or Note of the faia Fines and ^''-h^'' 

other dues to the Trcafurer of the Colintry or County to whom it doth 

belong, who (ha!I forthwith give warrant to the Marfhal to collecH: and 

levy the fame: And if no goods can be found to fatisfiefuch Fine or other MjrOiai m At- 

dues, the Mar(ha!l (hall Attach the Body of fuch pcrfonsj and impiiion •«►"♦>*• tody 

them till fatisfaftion be madcj Provided that any Court of Afii/iants or ^itT^ ^^ 

County Court, may difcharge any fuch perfon fiom impiifonmctit,if they 

be unable to make fausfa&ioa. [. "^3^> 4'^' J 



I 



Fir'ttig and. Burnirtg. 



T is Ordered by this Court and Authority thereof, that whofoever (haH Frh-.^oFpro'-^a 
kindle any I ires in the VVoods, or Grounds tying in Con:jr!orj c in- "^wtcS^'ci?. 
dofed, fo as tiTC feme fhalJ run into Corn grounda or Incioibres before 
the tenth daj of the fir ft Month, or after the laft of the fecciid Month," 
or on the laft day of the Week, or on the 1 ords day, (hall pay ail da- 
mages, and half fo much for a Fine, or if not able to pay, then to be 
Corporally punifhed, bv warrant from one Msgiftrate, or the next County 
Court, as the offence fhall deferve, not e3:ceeding twenty Jlr^^.a for one 
offence. Provided that any man may kindle fire tn his ov/n grotmd fo as 
no danger come thereby, cither to the Country or to any parricalar per- 
fon; and whofoever fhall ^vitringiy and willingly burn or deRroy any 
Frame, Timber, Hewed, Sawen or Riven Heaps of Wood, Charcoal, Com, 
Hay, Straw, Hemp or Flax, he (hall pay double danuges. 

2. whereas fotne dwelling Hcufes, and ether ffoufes withtit this Jurifdi' ^ c^.p.it, 
{fiort, have been fet on fire^ and the means or occafun thencf not cdfcovercd^ 
though Jome perfons have been xehemincty Juf^e^ed to have been bijlruinentai 
therein: The Court taking into (.onfidi ration the danger of fueb a wcked 
prailtfe, efpeciaHy in Towns where the Jhlcufa are near aJpyning^ and there 
being no Lr.r>> yet provided for the pumflimcnt of jo bainous a crinie -^ 

Doth :hl;:.::f.^r^ hereby Order, and be il Enaded by the Authority of 

K'2j this 



Ji PiPj- Fijhermen. 



this Court, that any perfon cr pcrfons whatfocvcr, of the age of fixtecii 
yca:s and upward, that (hall after the publication hereof, wittingly and 
willingly let on fire any "Sarn^ Sfcbk-, MtU^ cut Houfey Staik^of Wood, 
Corn cf Hay^ ot any other thing of like nature, fhall upon dueconvi^ion 
by tcAimony or confefTion, pay double damages, to the party damnified, 
and be feverely whipt. 

Burning Houfts. ;\nd if any perfon of the age aforefaid, iTiall after the publication hceof, 
wittingly, and willingly, and fellonioufly, fet on fire any DvaU'mg Houfe^ 
j\it:eti»g Houfe^ Store Houfe^ or (hall in like manner, (ct on fire any out' 
J-Joiife^Barny Stcihle^ Leanto^ Stack.of Har^ Corn or Woody or any thing of 
like nature, whereby any Dwelling Houfc^ Meeting Houfe cr Store Houfe ^ 
Cometh to be burnt, the party or parties vehemently fufpeded thereof, 
fhall be apprehended by Warrant from one or more of the Magiftrates, 
. , and comrhitted to Prifon, there to remain without Eailc, till the next C ourt 

Capta . ^j- y\,j;(^3nts, who upon legal convicftion by due proof, or confeflion of 
the Crime, fhoU adjudge fuch perfon or perfons to be put to death, and to 
forfeit to much of his Lands, Goods or Chattels, as fhall make full fatif' 
fadion, to the party or parties damnified. [_ id^i.} 



VV 



Tiffu njhermen. 



'ff erects it lath heen a cujlcme for forreign FiJJicrrnen to make ufe of 
f.ich Harhov.rs and Grounds in thsi Caunti}', as hare not been Inha- 
litcd by Englijh men-, and to take Timber and IVo-d at their f leaf ure for a1 
their occafons, yet m thefe farts nhich are nt-w fofeffed, and the Lands dtf 
pcfed m profrietiesy unto fevtral Towns and Ptrjhns, by the Kwgs Cratmt, 
under the great Seal of England ^ 
Repealed. It is Declared; That it is not Lawful! for any Perfon, either Fiflier-man 

Dal l.i6d I. c other, either Forreigner or of this Country, to enter upon the Lands fo 
appropriate to any Town or Perfon, or to take Wood or Timber ir7 
any fuch place, without the Licence of fuch Town or Proprietor, and if any 
perfon iTiall Ticlpafs herein, the Town or Proprietor fo injured, may take 
their remedy by aOion at Law, or may preferve their goods or other in- 
t'.rcf^, by oppofing Lawfull force againft luch unjuft violence; Provided 
t!at it fhall be lawfull for fiich Filhe men as fhall be implcyed by any 
.^Inhabitants of thii. Jurifdiftion, in the fcveral feafons of the year, to make 
vie of any of our Harbours, and fuch Lands as are near adjoyning for the 
drying of their Fifh or other ncet^ifiil occafions, as alfo to have fuch Tim- 
ber and Fire v.ood, as they fhall have neccifary ufe of for their Fifhing- 
fca ons where it may be (pared, fo a*; they make due fatisfa(!^ion for the 
fame to fuch Town or Proprietor. [_ 1646. ^ 

2. Wherciis mutch Damage hath arifen to Merchants trading hence^ fry 

bed mikjng of Fifi, and the ercdit of our Tiade therein hath much fujfered-^ 

. It is therefore Ordered, That at every fifhing place within this Jurifdi- 

'^' ^'' c'lion, fome difcrcet and honed perfon be appointed by the County Court, 

unto which fuch Fifhing place doth belong, and thofe perfons fo nominated 



FLp]. Fifhcnvcitt jj 

and appoinred, are by this Court impowred to give Oath unto fuch pcr- 
fons as fliaJl be cbofen by the dclivcivis and receivers of any" Fifli, who 
have libetcy hereby, either of thcin, to chufe one or rr.orc fuficic-nt know- 
ing men in fuch cafes, to view what Fifh is delivered and iecitvcd; which ff7i?h "c't"' ] 
viewers fhall be fworn as aforefaid, and what they approve of gs MtT- FiQ)ing?L« 
chantable, the receiver fhal! accept, and what is Refufc Fifh (hail be e?.fl: 
by, and the faid viewers for their labour and pains aforefaid, fha.1! he al- 
lowed one penny per Qoinial for fo much Mercnantable Pifh as he or they 
fhall view, to be paid one half by the deliverer, and the other half by the 
receiver : 

^nd for further diredioh to the vierverT in tryal of Pifl; ; 
It is hereby Ordered, That all Sun burnt, fait burnt and Dry Fif)], that 
hath been firft pickled, (hall be judged un-Merchan table. 



FOr the Explanation of an Order bearing date, rd4^- andtheKepealing t-JDit'rifns Vi- 
of the fame, i(!67 For gi\ing a liberty to Fifhermen, according to a fuVercgJiited 
Kefcrvation in the Patent, to cut down Wood for Flal^es or Stage and 
other ufcs about their Fifhing imploy, that it is intended oniy in thit Or- 
der to give liberty to fuch as are Strangers, and come only to make Fifh- 
ing Voyages, and not to Fifhermen that are Inhabitants, who are not to 
trefpafs upon any perfon in their propriety, but are liable to make fatis. 
fadf ion with damages as in any other Action of Trc pafs, no v^ay re- 
flraining Fifhermen in Common Lands, any Law, Cuftorne orUfagctothe 
conttarv notwilhilanding. 



IT is Ordered by this Court and the Authority thereof, that no man fhal{ 
henceforth kill any Cod fifh, Hake, Hadduck or Polluck, to be dried 
for falc in the Mor.rh of Deceniber or jarjuary^ becaufe of their fpawning 
time, nur any Mackrell to Barrel up in the Month of Aiflj or "June, un- HoHilito be 
dcr penalty of paying fve fMlhnfj for each Quintal of Filh, and Five [lid- k.ndwhcn myi 
hn^s for each Barrel of Mackrell; nor fhall any Fifhc man ealt the Gar- ^° ^*"^" 
bjgc cf the Fifli the catch overboard at or near the Ledges or Grounds 
where they take the Fifh; nor flijl) anv cf the Boats crew refufe or ncg- 
3ec"i :o obey the Order of the Mafler of the Vefr£l to which they belong, 
for the times and feafons of FiOiing; nor fhiSl! they take or drink 
any Viiore Strong Liquors then the N'laf^cr thinks mc;t to pennit them.j 
the hreaeh of thefe three lall being under the penalty of Twenty fhiHr.igs 
for the firll OtTencc ; for the fecond forty flnllcips ; for the third thr^s 
Afcr.ths [yrprif-nwent^ cue third part of the afotcfaid fines lo the Infcr- 
mer proving the fame. \_ iSSS.l^ 



TH'S Court heitt^ infcrtr.ed, {hat ihe taking cf O^f'zknl at mf^cJoV.aUd 
Utnes do £rcat!^ dinunijh their increafe, and will in the \pie inid to ths 
fpcil of the Trade thereof), 

I. De 



j-^ /";/??. Fargery. fornication. 



Do Order and Enact, That henceforth no Macknll fhall be caug'-t, 
except for fpendiijg v>'h!lft frefh, before the firft of ^uly annually, on pe- 
nalty of the icfs of the fame 3 the one half to the Informer, and theothcc 
of Mackrci. j^^jf ,-p jh,. y f^ of the Country. And any Magifirate or County Court is 
impowrcd to ad herein to all intents and puipofes, for the execution of 
this Lav/. 



To prevent da. 
fonablc killing 



WHeyeas by the hleffmg of Cod, the Trade of Flying hath hen advaH' 
tagwus to this Country, which is like to be much impaired by the uje 
of Turtoodas Salt, which leaves fpots upon the Fiji., by retifcn of Shells ani 
Tvafl) in it : For p/eventicn thereof; 
i°J.'h^''tti This Court doth Order, and be it hereby Ena^cd, That all fuch Fifli 
nfh y'l T.-. that IS faked with Turtooda's Salt, and thereby fpottcd as aboveraid, fball 
not be accounted for Merchantable Fifli : and ail fworn Cullers of Fifh are 
heieby required to have fpcc:al regard to the fulfilling of this Order, any 
Law Or Cuftonie to the contrary notwithffanding. 



FOR CERT. 



IT is Ordered by this Court and the Authority thereof, That if anyper- 
fon fliall forge any Deed or Conveyance, Tefiament, Bond, Bill, Re- 
leafe, Acquittance, Letter of Attorney, or any Writcihg, to pervert Equi- 
ty and lufnce^ he fliall ftand in the Pillory, three feveral Le(fiure dayes,, 
and render double damaa,LS to the party wronged, and alio bL-difabicd to 
give any Evidence or Vcijiit to any Court or jVlagi/iraie, [ / 64^.2 



FORNICATION, 



IT is Ordered by this Court and the Authority thereof-, That if any 
man Commit fornication with any fingle Woman, they fhall be 
puniftied, either by cnjoyning Marriage, or Fme, or Corporal punifhmcnr, 
or all, or any of thefe, as the Judges of the Court that hath Cognizance 
of the Caufe fhall appoint, [] id^i.'] 



THerc being a ficmiyig ccniradiilion bctvyxcr. the Lax<s tit. Fornicatiov., 
and tit. Piinijhment ; 

This Court doth Declare, That the former referring to a particular 
Crime, a fliamcfu! Sin, much incre-afin^;; ^tQongft USj to the grea? :^iflionour 

of 



Fornieatiott. Freemen. 



ct God, and our profelTion cf his Holy Ncme, tne punifhment of that Sin 
fliall be as is prcfcribed in the faid Law, any tiling that may fecm to re- 
ftrain or limit the fame, contnir.cd in the other Law, tit. Frniih.mtm, iiot- 
wichftanding, And m cafe any perfon legally conviOed of that or any 
other fhamci'ui and vicious Crime, be a Freeman ■■, it fhall be in the liber- 
ty and power of the Court that hath the proper cognizance thereof, be- 
fides any other Penalty or Punifhment, to adde Disfranchifen^ent thereto. 
I166S.2 



5J 



WHereas there is a Law provided iy this Court for funifhin^ of For- 
nicators^ but nolbirif as yet for the eafing of Towns^ whetc Bcflnrde 
are bortjy in regard of tht poverty of the Parmt or Pr.rents of fitch Ch'tidren 
fometimes appearing, nor any T^ule held forth touching the rej;y.ted Father of 
a Bajiard for Jegal conviSiim • 

It is therefore Ordered, and by this Court Declared, that where any 
man is legally convidled to be the Father of a Baftcrd childe, he fliall be 
at the care and charge to maintain and bring up the fume, by fucli AlTi- 
fl'ance of the Mother as nature reqiiireth, and as the Court from time to 
time (nccording to circumftances ) fhall fee meet to Order: and in cafe 
the Futlier of a Baftard, by confefHon or other manifeft proof, upon trial 
of the cafe, do not appear to the Courts fatisfadfion, then the Man char- 
ged by the Woman to be the Father, iliee holding conftant in it, f espe- 
cially being put upon the real difcovery of the truth of it in the time of 
her Travail) iball be the reputed Father, and accordingly be liable to ihe 
charge of maintenance as aforcfaid (though not to other punifhrnert) 
notwithltanding his denial, unlcfs the circumftances of the Cafe and Pleas 
be fuch, on the behalf of the Man charged, as that the Court that haiK 
the cognizance thereof fhall fee reafon to acquit him, and olhcrwifedifpore 
of the Childe and Education thereof j Provided alwaycs, in cafe there be 
no perfon accufed in the time of her Travail, it fhall net be available to 
abate the ccnvidion of a reputed Father; any Law, CuRame or llfageto 
the contrary notwithftanding. 



Therepotod P». 

iVr of i Blftjio 
toTamiaio it. 



Preemen. T^n Freemen. 



T 



-1O the end the "Body of the Fremen may be pteferHd of honejl and 
good men ; 

It is Ordered, That henceforth no man fhall be admitted to the Frco- 
dome of this Ccmmon-v/eaUh, bui luch as are Members of feme of the 
Churches within the limits of ihi;; JurifdiOion t, 

<tAnd whei-eas many Members of Churches to exempt themfches from 
JuU:ck,fervice, mil not come in to be made Freemen , 

It is Ordered, that no Members of Churches within this Jtirifdi^^ion, 
f-.dl be exempt from any publick fervice they fhall be chofen to by the 
Inhabitants of the Icvcral Towns, as Conflables, Jurors, Seleft men, Suf 
veighors of the Highwayes, and if any fuch perfbn fhall refufe to ferve 
in, or lak-e upon him any fuch OfBce, being legally chofen thereunto, he 

L 2 fh^ll 



Nonebm 
Chli^^^^'^7^clTlb?^S 



c 6 Freemen. 

(hall pay for every fuch refufal, such fine as the Town fhall impofe, not 
exceeding twenty ]hillmgs for one offence. {_ t6A7-S 



H Dialed 'T^ -^^ Court having confdered of the prcpofah preftnt'ed to this 'Court hy, 
^ ' L feveral of the Inhabitants of the CoiAnty of Middlcjcx-^ 

Do Declare and Older, That no Man whofocver, fliall be admitted 
to the Frcedome of this Body Poluick, but fuch as are Members of /"ome 
Church of Chrift and in full Communion, which they declare to be the 
true intent of the ancient law, page the eighth of the fecond "Book, Anno. 

' ^ s '• L 1660. Ji 



i: 



Adn^iOion cE' 



"iV yinfvfer to that part of bis MAJeflks Letter of June 2S. 1662. con" 
, ctrnmg admiffwn of Freemen ; 

This Court doth Declare, That the Law prohibiting all pcrfons, ex- 
Fre^ui'cT " ^^P'' ^^^''ibcrs of Chuichcs, and that alfo for allowance of them in any 
County Court, are hereby Repealed. 

And do alfo Order and Enacft, That from henceforth all Englifh men, 
prefcnting a Certificate under the hands of the MiniAeis or Mmifter of 
the place where they dwell, that they are Oithodox in Religion, and not 
■vicious in then- lives, and alfo a Certificate under the hands of the Select 
Men of the pla:e, or of the major part of them, that they are Free hol- 
ders, and are for their cv/n proper efJate ( without heads of perfons) 
rateable to the Country in a Tingle Country Rate, after the iifual manner 
of valuation in the place u here they live, to the full value of ten finlliufs or 
that they are in full Communion with fomc Church among us- It'fhall 
be in the liberty of all and every fuch perfon or perlbns, being twenty 
four years of age, Houfe holders and fettled Inhabitants in this Jurifdi- 
ttion, from time to time to prefent themfelves and their defires to this 
Court for their admittante^^to the Freedome of this Common-wealth, and 
fhall be allowed the priviltdges to have fuch their dcfire propounded, and 
put to vote in the General Court, for acceptance to the Freedome of the 
r.ody politick, by the rufttrage of, the major part, according to the Rules 
of our Patent. [^ iV&.;. J 



"COycfim'.ch ss fever al perfons who frcm time to time are to he made Free- 
1 men live remote, and are not able wuhcv.t gre.it Trouble and charge fa 
appear before this Court, to take their nffeiltvc^ Oathes j 
County coortTo (c IS therefore Ordered, that henceforth it fliall be in th^ power of 

I'rTdlT any County Court to Adminiaer the Oath of Freedome to any perfons 
approved of by the General Court, who fhall defire the, fame, Any Law 
Of Cuf^omc to the contrary notwidi/landing, 1 1664, j' 



GaJlo^vg 



C adoring in Bojlon Streets. Gaming mid Dancing. 57 



Galloping In Bofoii Jlreets. 



Wtfereas it appears, that noinhhjlanding fuch tvhotfc:ne Orders as have 
been hithcmnto made by the Sekd men 0/ Boftcn, provided for the 
reftratnt of all perfons from viokrtt Riding in the flreets of the [aid Town : 
yet nevertheiejs, many take the iiuerty and boldness to (gallop froqv.r.ttiy there- 
in^ to the great endangering the "Bodzcs and Limbs of r.iam .Pcrfc::s cf^cc:-- 
ally Children, who arc ordinarily ahrocld in th: ftrcrts, end mtof age or 
diforeticn fuddenly to efeape fueh dr.;igcr. Th;s Cr::;-: Iv.::-;g ferioujly con- 
fidered iht Premifes, being careful to prevent a praBtft that is like fo he of 
fueh dangerous cortfequence ^ 

Do Order, Tliat no pcrfcn whr.tfocvcr, flnaii after the publicatjon Pfnaiijir^rojU 
hereof, Gallop any Horfe within any the flreets of the faid Town^ upon !,°^^j| "^ ^'"^°'' 
penalty of forfeiting three jhilhng: c.-.id four fence for every fueh offence, 
upon conviflion before any one Magiftrate or Ccmmiffioner of Bojlon, to 
be paid to the Treafurv of the County of Sufol!^, unlcfi it appear on ex- 
tteam ncceffity. 



L.2>p.8. 



Coming and 7)ancing. 

UPciJ complaint of the J.iforders, by the tifc of the GMtes of Shy.fflc-hoard 
and Bowling, in and about Houfes of Com,Krot!-enlertain>nent, \xih:/ehy 
Krv.'.ch precious time is fpent tmprofitably, and rdncb nafic of Wine and Beer 
ccc^^cusd'. 

It is Ordered by this Court and the Authority thereof, That nc pjr- K^ G^nJpj in 
fon fnai! henceforth 'ufe the faid Games of Shuffle board, or Bov/lin-", cr c^^"^'""'"- 
any other Play or Game, in or about any fuch Houfe. 

Nor in any ether Houfc ufed as common for fuch purpofe, upoii 
pain for every keeper of fuch Houfe to forfeit for every ftxh ofTcnee 
i?.:v.ty jhillings, and ever^ perfon playing at the faid Game, &c. in or 
about any fuch Houfe, fhall forfeit for every fuch offence fiV2 fliiUhg:. 

Nor fhai! any perfon zt any time Play or Game for any Money or no Gaming r« 
Mcr.sy worth, upon penalty of forfeiting treble the value thereof, one half """^' 
to ihe party informing and the other half to the Treafury ; nor (hall any 
pfifon be an Abettor to any hinde of Gaminr on the like penalty. 

Ncr fhall there be any Dancing in Ordinaries upon any occafion, on Ko v^nzicz ii 
the penalty of ^ve fhiUinps for every per on that fnal! oficnd ; and zny Of^i-"'-^ 
Magift.iate may near and determine any offence againft this Law. [_ i($.;-i^, 
'f-, J '-2 

For preventint'^ disorders arifing in feoeral places v^llhin this furifdklio,:, 
by rcafon of fame J\i!t ohfertin^ Juch Fe/iivals, as wctt Supei-fatioufty \ijvi in '^■^■>?S' 
other Countrks, to the great d'^fooncv.r of God and offence ny others ■, 

It is therefore Ordered by thic Cy_.-.t and the Authority thereof, that 

M v/ho- 



58 Here fie Error ^ 



whofoever fhall be found obfcrving any fuch day as Chriftmasor the like, 
pcntiiyfor either by forbearing labour, feafting, or any ether way upon any fuch 
keepKit n. - j^(;(-Qy^j ^5 aforefaid, every fuch petfon fo oifending, fhall pay for every 

fuch offence fve Shillings as a fine to the County. 

And whereas not only at fuch times but feveral other times aJjo, it ts a 
'ujlome too fre^iuent in many places, to expend time in unlawful Games, as 
Cards Dice, &c. 

Jt is therefore further Ordered, and by this Court Declared, That 

i'fWdTi-ini after publication hereof, whcfoever fhall be found in any place within this 

Dice. Jurirdi(3ion, playing either at Cards or at Dice, contrary to this Order, 

fhall pay as a fine to the County the fum of fre fiillin^s for every fuch 

offence. 



Caoung- 



vv- 



Hcreas the p-eat fm of Gamir.g incrcpfeth within thlsh'-rifdiBion^ 
to the great dijlioncur of Cod, corrupting of Youth, and (xpend- 
of much precious time and ejlate : for the preventing of vehirh. and as an ad- 
dition to the Law, tit. Gaming, &c. 
Penalty for fhis Court doth Dedare, and be it Ordered by the Authority thereof. 

That what per-fon or perfons foevcr, fhall bring into this Jurifdic^ioii any 
playing Cards or Dice, or with whomfoever fuch Cards or Dice be found 
in nis or their Cuftody, he or they fhall pay as a fine the fum of five pounds, the 
one halfto the Treafurcr, the other half to the Informer: But in cafe any fuch 
Cards or Dice fhall come into the cuilody of any pcrfcn without his 
knowledge or confent, he fha'l carry them to the next Magiflrate or Con^.- 
milTioner within two dayes after his knowledge of them, to difpofe of 
them as the faid Magifrrate or Commiffioner fhall fee caufc, any fuch per- 
fon fhall be free from the penalty. 

And if any perfon that hath played or gamed, and fball give Informa- 
tion thereof, he fhall be freed from the penalty of the Law to pay tre- 
ble da.mage, but fhall have no further bcnifit of the Law by his infor- 
mation. 

And alfo any fuch pcrions Teftimony fhall be good in Law, foroneTeflr- 
mony, againft any that fhall break this Law. 

And It is alfo Declared, that it is and fhall be in the liberty of ihc 
Court or Judges that fhall determine any fuch cafe, to punifh the tiani- 
grelTor ortranfgreffors of the Law, by impofing the fine, or othcrwife by 
corporal punifhment as they fhall judge beft- any Law, Ufage or Cuflomc 
to the contrary nctwithflanding. [| i^^o."} 



Utrefie Error. 



ALthough no Humane power he Lord over the Faith and CoHjcievees of 
men,jtt hecaufe fuch as bring m d.nmnabh Htrefles^ tending to the Jul- 
verficn of the Chrifltan Fattk, and defirudion af the Souls of men, ought 
dueiy to be rejlraimd from fuch notorious impieties j 



Hcyej'n Error, j j 



En on 



2, 



It is thea-for? Ordered and Declared hy the Court; Thatif any CSn- 
fcian within this juiii'difrnn, fnall go ab_j; to fubvcr: and deftiOy the 
Ch'jrtiar. Ftiih ind Religion, by broaching and maiiitaining any claninable 
Herefifcs: As denying the immortaiity of the Soui, or ielurrediian of tiio 
J>)ody, or c.ny fin to be repented of in the regenerate, or any evil done by 
t'le outward man ':o be accounted iln, or Ocvivlng that Chiift p,avc him- 
fclf a Ranfomc for our I'ins, or fhaJi aiTirin that we are not juftiiied by his 
death and rightcoufners, but by the pcrvedions of our own v/orks, oriTiall r , p 
deny the T-^cr^Jlity of the fourth CoixirriLaJmentn Oifhnll openly conrlemn ' 
or cppofe the Baptizing of Infants, or ihali purpofeiy de:;r.rt the Coni?j?- Aiibjomtt. 
gaaio.i at the admin;fl:ration of that Ordiuaiice, or ilir.ii ueny the Ordi- 
nance of Magiftrccy, or rhar lawful Authori>;y, to m-'.hc V/ar,ortopu.-!ini 
the outward breaches of toe firfl Table, or fhail endeavour to fedtcs V.ihers ^...„ ,„ ., 

f^i„r) TTi-i -1 ,, - ODnilaie to fee 

to any or tnc Errors or Herefies abovementioned ; every fuch per, an cc:> fcioiiiicJ. 
tinuing cbftinate therein, after due means of convidion, fr.;.!,' be fcnter.ced 
to Baaifhment. £1646., 44.'\ 

2. The Holy Seriptiins of the Old a:ul 7\ljw-TeJ}cifrer!L hdiip^ wrhten . 
by the Prophets, ■iApofites, and Holj mrn qf God, tfij^'./eci ly iha Hclj -^ S7?-7S- 
Ghojl, co:7tainhi£ in them the infallthle and vthck Wi// 0/ Cod, whirb he 
purpofed to make l^iawn to Man-kinde, hath for bis own Worjhifitind Service^ 
and alfo for the InflrvMion, Obedience, Faith and Sahatio.n of Man, which 
yet by Herelicks in former a^es, and now ^f late, have been opi<j>^>}e<l,ind 
denied fo to be, which tends to the overthrawof all true ReUgicn, and Saivn- 
tion, for the prevention of fo hair.ous a cri-.ne; 

It is Ordered by this Court and the Authority thereof ^ Thst what 
pcrfon or perfans foever, profefi'mg the Chriftian Religion, ?.b"vc the age 
of fixtecn years, that fliall within this Jurifdicffion, wittingly and willingly, 
at any time after the publication of this Order, deny either by V/ord oc 
Wrighting, any of the Books of the Old Teftament, As 
Genefis, Exodus, Levhious^ Numbers, Deuterenomy, Jcjhur,, Judges, Tijitb, 
ScKiuel, Samuel, Kings, Kings, Chmniclcs, Chrontcks, Eva^ Nehemiah, 
£j}her, fob, Pfnlms, Proverbs, E-cclefiaflc:,, Canticles, Jfaic.h, jeremiah, ha- 
Kisntations, Ez.ekiel, Daniel, Hofea, Joel, yhr,os, Ohc.diah, ^ona(.\ Micahj 
Nahum, Habbakuk^, Ztphaniah, Haggui, Zechariah, Malacln. Or New, 
as Matthew, A-Iark_, Luke, khn, j^fls, Romans, Corrinthmm, Ccrrinthmns, 
Galaihtans, Ephcjians, Ph:!ippians, Coluffians, Thejfalonians, Th((l'alvii:ons, 
Timcthy, Tuncthy, Tilus; pbtlor.M, Hebreivs, /n>ncs, Peter, Peter, John, lohn, 
hl7n,lude,afid Revelation. To be the written and infallible Word of God. 

Or if any perfon as aforefaid, belonging to this Junfdiflton, fhillcom- Denvins 'he 
m-.t thp faid crime upon the Sea, not being, or bclom^'iiig to the Jurifdi- i^^t word^Fo^ 
^iion of any other Gominon-woalth, fliall be forthwith apprehended by 
the next Officer or Otficers, whether Marfhal or Conilable or dieir Depu- 
ty, who fiiall have power To to do by warrant from any one of the Ma- 
g»-ftfates, and (hall be committed to the Prifon at Bofion, withoct Bale or 
Mainprize, there to be fafely kept till the next County Court, where 
nppn fuffiaent TeHimony brought againft the faid Delinoucnt, he fhall be 
adjudged for his offence after legal ccnvi<ftion, to pay fuch n fine as the 
Court which fhall have cognizaP-ce of the crime fhall Ji'dge meet, not ex- 
ceeding the fum of ffty pounds, or (hall be openly and icverely v/hipt by p^^,^ 
the e:'.e:utroncr, whether Confi:ab!s or any other appointed, not exceeding 
fcrtj fsrof-fs, unlefs he fhall pubi:ckly recant before his Csntcnce^ ( v/hich 
if he do) he /hali not pay above the fine of ten pounds to the Ticafuror 
fcr ths ufc of the Common-wealth, or be whipt in cafe he p.-y not the fine. 

M 2 And 



6o Hcrcfie Error. 



And it IS further Ordered and Enacfted, Thar if the faid OiTend;: 
after his Recantation, Sentence or Execution, fliall the fecond time pub- 
lilh, and Obfiinatelyi and Pertinaciouny maintain the faid wicked Opi- 
nion, he ihall be flaniflied or put to Death as the Court fliall Judge. 

ji.jji:^.?. 3- It is Ordered, that all and every of the Inhabitants of this Jutif- 

diflion, that have any of the Books in their Cuftody, that go under the 

b^olfs'to'b^ (ic- names of JvlmT^jeves^ and Lodo\v:ck^Muggkton (who pretends them felves 

}r/crcJ Ml lo j-Q J3c jj^^, j^yQ laft WitnefTes, and Prophets, of Jefus Chrill^ which are 

cine .1.0 . - ^^j, ^j. gi^fpj^^-fjjcs^ jirijj fpgll j^Qt bring or fend in all fiich Books in their 

Cufbody to che next Magiftiate, fhal! forfeit the fum of ,m punds for 

every fuch Book found in his hand, the one half to the Informer, the 

other half to the Country. 

to be burnt. And as many of the faid Books, as are, or ihall be in Cuftody, fhaii be 

burnt in the Market place at Bojlon^ on the next Le^urc day, "by the 

Colnmon Executioner. 

4. jvhercai there is a curfed Sect of Heretic!^ lately rifen up in the 
■A.jo.p.i £. j^fyfrld^ which are cunur.only called Qualicrs^ who take upon thnn to he im- 
mediately j'ent of Gad, cmd infallibly JjJlJJed by the Spirit, to fpeal^md write 
Blafphemous Opinions difp'tfing Governnientf and the Order of (jvdiiiChuvcb 
Qnakcrf cind Common-wealth, ffeakiug evil of Dignities, rcprcachi))g and reviling 

Jilcigiflraics and Alinijlers, feeking to turn the People from the Fitith, and 
gain Prcfelitcs to their pernicious wajes. The Court cotfdtring the pre- 
tnifes, and to prevent the lil^ mifchief, as by their means is wroughi m our 
Native Land; 

Doth hereby Crder,, and by the Authority of this Court be it d- 
dcred and Ena'ded; That no N'hn-cr or Commander of any Ship Barque. 

Tvot to be 1 

i.rou^hi '"(0 Pinnace, Ketch, or other Vcrfcl, ihall henceforth bring into any Harbour, 
;hi5j'"irdi^""|. Q^^g]^ or Q.o\c withinthis lurifdicftion, any known Quaker or Quakers, 

by cqy Walter or i r ! 1 r -i ^*" l 1 ^^ c I 

fbi? on pcnsity Or any other Blafphemous Hcretieks as aiorefaid, upon the penally or the 

ciioopounPs forfpijiire oi one hundred pounds^ to be forthwith paid to the Treafurer of 

tlie Country, except it appeareth that fuch Maftcr wanted true notice or 

information that they v/crc fuch, and in that cafe he may clear himfclf 

by his Oath, v.'hcn fufScitnt proof to the contrary is wanting. 

And fox default of payment of the faid fine of one hundred pounds, or 
good fecurity for the fame, fuch Mafter fhal! be committed to prifon, by 
warrant horn any Magiflrate.^ there to continue till the faid fine be fatif- 
fied to the Treafurer as aforcfai'l. 
T*'-^*^ Aat And the Mafter or Commander of any fuch Ship or Veffel ihar ihall 

!^^ar^"hem ^""g ^^£111, being legally ccnvi(fte3, fha'li give in fulBcien: fccurity to the 
jiii;- ' Governour or ;iny one or more of the Magiftrates, to carry them back lo 
the place v/hence he brought them, and on his reKifal fo to do, the Go- 
vernour or the faid Magiftrate or Magiftrates fhall commit fuch Mafteror 
Commander to prifon, there to continue till he fhall give in fufficient fe- 
curity to the content of the Governour or faid Magiftrates. 

And if any pcrfon or perfons within this Jurifdiflion, fhall henceforth 

/ r-b 2^ entertain and conceal any fuch Quaker or Q_uaker5, or otherBlafphemoiis 

-•^i-S' • j^crg(;:(_!;s (knowing them to be fuch) every fuch ptrfon fti^l! forfeit to 

the Country forty Jhillings for every hours entertainment and concraimenc 

of any Quaker or Qliakess, <dfV. as aforefaid, and fhali be conuf^itted to 

p;trcn as cfcrefold, liJI the fmes be full^ fatisfied and paid. 

5. Ar-; 



Hire fie »[ Quakers. 6r 



J. And every perfon or perfons, that (hall incourage or defend any of A.jS. 

their pernicious waves, by fpeaking, writeing or meecin? on the Lords ,„ . , 

L • rt II e ^ r r^ ItlCOUlJgctt Of 

day, or at any other time, inall after due means of conviciion incur the quake-'s tii.ir 

penalty infueing, viz.. every perfon fo meeting, iTiall pay to the ufe o^ the p™^"i'- 
Country, for every time ten piillin^Sy and every one fpeakmg in fuch 
meeting, fhali forfeit five pounds 



Qua. 

.i 



6. If any perfon fliall knowingly import into any Harbour of this pi/pgrfmB 
Jurifdi(nion, any Quakers Books or Writeings, concerning their damnable t*"sBooBi 
Opinions, he fhall forfeit for every fuch Book or Writeing five pounds ^^nd 
whofoever fhall difperfe or conceal any fuch Book or Writeing, and it be 

found with him of her, or in his or her Houfe, and fhall not immediately .^ pooods 
deliver the fame to the next Magiftrate, fhall forfeit and pay five pounds " ^ 
for difperfing or concealing every fuch Book or Writing, 

7. And every perfon or perfons whatfoever, that (hall revile the R«viiingo^rMa- 
Office or perfon of Magift:rates or Minifters, as is ufual wtfhthe Quaker?, n'ift«s. 

fuch perfon or perfons fhall be feverely whipt, or pay the fum of five 
founds. 

8. And every perfon that (hall publifli and maintaine any Hetrodox y4s5p-'9- 
or erronious Dodrine, (hall be liable to be Queftioncd and Cenfured l"^^',^'" "^ 
by the County Court where he liveth, accordnig to the merit of his 

Offence. 

9. whetren: there is a pernieious Seci^ commonly called Quakers, lately tAjS. 
arifen, who by Word avid Writeing, have publifhed and mamatned tnany 
dangerous and horrid Tenents, and do take upon them to change and filter 

the received laudable cujlomes of our Nation, in giving civil rcfpcff to equals y 
or reverence to Jareriours, rvlpofe ^iiions tend to undermine the ylnthcnty of 
Civil Govorny.ient as alfo to dcflroy the Order of the Churches , by dmying 
all ejlablifhed forms of Worfhip, and by withdrawing from the Orderly ChurcJi 
^jfcmblies, allowed and approved by all Orthodox Profeffors of the Truth ^ 
and tnflead thereof, and cppojitiun thereunto, frequenting private meetm^s of 
their ovs^n, infinur.ting themfelvcs into the minds of the fmpler^ cr fuch ns are 
lefs aff-'e^cd to the Order and Government of the Church and Common-rvccjlth^ 
whereby divers of our Inhabitants have been ivfeBed and fedueed, notv:(lh- 
Jianding all former Laws made, ( upon experience of their arrogant hold ob- 
trufcns, to diffmincre their Principles an',c^efl us ) prohibit mg tkeir ccmeing 
into tbtsfurifdi^ion, they have r.ct been deterred from their fmpetuws z^ttcmpts 
to undenriine our peace and hajlen cur rui:ie: 

For prevention thereof. This Court doth Order and EnatfV, that every qoak^sMbc! 
perfon or perfons of the curfed Sc-d of the Quakers, who is not an In- ^I'f"'^"'"''^ 
liabitant of, but found within this Jurifdidlion, (hail be Apprehended 
(without Warrant, where no Magiflrate is at hnnd) by any Conflable 
Commiffioner or Se1e<ft Man, and conveyed from Conftable to Conftable 
until they come before the next Magiftrate, who (hall commit the faid 
perfon or perfons to clofe Prifon, there to remain without Baile until the ''"1'''*°''''' 
next Court of Afl'iftants where they fhall have a legal trial by a fpecial 
Jury, and being convifted to be of the Sed of the Qucl-.ers, (hall be fen- 
tenced to Banifliment upon pain of Death. 

And that every Inhabitant of this- Junfdiifiion, being convided to be of Bjr,ii>,edonpii;ri 
the aforefaid Se(fV, either by taking up, pubhflimg and defending the horrid " '^ ''. 
Opinions of the ^kers, or by Rirnng up Mutiny, Sedition or Rebellion, J"'kcr" *^ 

N asamft 



62 Herefs of Quakers. 



againft the Government, or by taking up their abfurd ant! de.%uclive pr..- 
<ftifes, viK. denying civil refpefl snd reverence to Equals and CupencisrSj 
V'ithdrawfng from our Church Affcmblies, End inftead thereof .^-?qri-.n&? 
private nieetings of their own, in oppofirion to Church Oid'eir", or b\f 
adhering to, or approving of any known Quakers that are oppcihefo iiia 
Orthodox received Opinions and Pjad\!res of the Godiy, and CiidervoBS'' 
ing to difaffed others to Civil Government and Church Order j snn cGri- 
demning the pracflife and proceedings of this Court againft the Quokcrf^j 
manifefting thereby compliance wich thofc, whofe defign is to cue. .hro's? 
the Order eftabliflied in Church and Common- wealth : Every fueh r- iioa 
upon examination, and legal convi(fiion before the Courr of h&ii?:_.ii in 
manner as aforefaid, fhall be commiited to cfofe prifon for one Mgiitby 
and then unlefs they chufc voluntarily to depart the Jurifdij^ion, fliaiigtvt! 
Bond for their good Abbearance and appeara.ice at the next Cour^ c: 
Afiiftants, where continuing obfiinule, and refufin;; to retra(f\: and rc,'^rm 
the aforelaid Opinions and Pracfiifes fhall be fentenced to Banirh::nef!V. 
upon pain of Death: And in cafe of the afortfaid voluntary departure, 
notto remain, or again to return into this Jurifdid^ion, withoutthe aliov/a-.cc 
i^rf J.p7rr" of the major part of the Counal firft had and publ:fhed, on pena'j-' cf 
miynct rrti-m being Banifhcd upon pain of Death, and any one Mn.^iftrate, upo-n infcr- 
""" "^"^ mation given him of any fuch perfon, fhall caufe them to be apprehended. 

One Mig'nrjie and if upon examination of the cafe, he fh.all according to hi3 bed d;[- 
Tifon""""" '" ci'-'"on finde juft ground for ^.;ch complaint, he ftiaii commit f\ic}\ psrfoa 
to prifon, until he comes to his trval as is above expre/Tcd. [] id^g.'j 



This Court king dc/iious to try all means, nkh as much Laiiiy/is may 
cpr.fiji n-ith oi:r [(^fcty, to prevent the Intru/iom cf Uje Pcakers, vjko bc- 
fic\e^ ihclr ay^hfv.rd and Ti'.r.J^'h^.mom DoOr-.'.iSs, do ItJis RofJ:es and, I'^c' ''..l- 
hoiuls com: in :itT:2 as, a:id hcti not been retrained by tu Lr.ws cJrcrxh^, 
pcvidfd-^ 

Have Orde;'c:3, that every fueh Vagabond Quaker, found within c^-V 
crdor igii'itt p;irt of this ji:-ird:dion, fhall be Apprehended b/ any peifon or perro::j, 
g^rbood'iwu''4. ^^ ^1 -';- Ccnfiablc of the Tov/n wherein he or fhce is^ taken, atid by tii'.e 
Cor.Ra'bIc: or in his cl/fcnce, "by any other perfon or perfons conveyec: 'be- 
fore the r:2xt Magiftrate of that Shire whtre;n they arc taken, or Covz- 
ir.ifTx-ncr inve.lcd v^iLh MagiHraticcl power; And dg:-^ by the fsid fvfci- 
gifcrate or Magiftrstcs, Commiffioner or . Cemmifficners adjudged to be a 
V/andring Q^iakcr, i/??.. one that hath not -any dwelling, or orderly e'iow- 
ance as en inhabitant of this Jurifdii^jon, and not givir-g civil refpoil by 
the ufi-'al gcf.ures thereof, or by any other v/ay or mear.smanifeilinghim- 
fe!f to be a Qualv^r, Hiall by Warranr under the hand of the fsid lisgi- 
flrate cr I.Iagiftra;jj, CcmmifTionci' or Conirnsirioncrs, dircifled to t"e 
Conf.'ablc cf the Tov/n whcre'.i he cr fiiee is 'cakcn, or m abfcnce cf the 
Conftablo, to cr.y other meat p^rfo;:), be flripp^d naked from the r.-::dd!e 
upv/arcs, ar.d rycd to a Certs ts:!, and whip->e:? through the Town, and 
from thcr.es i. Timed iately ccnvcvcd to the Cori.QafcIs cf the n«xt Town 
towards the bcrc'ers cf cj? Jirlt^iflion, as their V/airar.t fhall direC^jand 
fo from Ccr;?i.>-'.ble to Cor.'hzkM ti!! they be convevef^ througT^ any the 
outwr.rcfmc-.'i Towns cf ci:r Ju-i^'-i'vc-n, 

And if fuch Vsgsbinci Q^dakc-r ihaH rc-twr. again, then to he in l':ke 
manner Apprehci^dfd, and conveyed as c-'t::-; as tfiey fhall be found within 
the Liniilif cf tu: Jiaifdi^ion ; Frcvidid cverv fuch wandxing Oi^aker, 



H ere f!e of shakers. Hides. 63 

having been tfiriee convicftcci and fcnt away as abovcfaid. atul reluriung; 
sgain into this Jurifdidion, lliall be Apprehended, and Comn-iicied hj any 
Magiftrare or Commiflioner a5 abovcfaid unro the Houfe of Correiflien 
within that Coumy wherein he or fhce is four.d, until the next Courl c! 
that County, vliere if the Coiut judge not meet tj icleare them, ihey 
fhall be Branded with the Leitcr !7^. on their left (houlder. and bekveie- 
ly Whipt, and fent away in manner as before. 

And jf after this, he or 0\ee lliall return again; then to be proceeded 
againft as Incorrigible Rogues and Enemies to the Common Peace, .i-'ul 
fhall immediately be appreheneoded, and Committed tn the Conimcn 
Goal of the Country, and at the next Coitrt of AffilUnty fliall bebrou^hr 
lo their tryal, and proceeded againfc according to the Law made yinnc. 
16 fi.^og.j6. for their punif)imcnt on pain of death. 

Arid for fuch Quakers as fhall arife from amongfl: cur felves, they flKiH 
be proceeded againft as the former Law of Anno. i6jg. pag ^C. d(Ut( 
provide, until they have been convifted by a Court of AlTiftant?: and be- 
ing fo convi(fled, he or fhce fhall then be Banifhed this Jurifdnf^icrn : and 
if after that they fliall be found in any part of this Jurifditftion, then "he 
or (hee fo Senteticcd to Banifhment, fhall be proceeded againft as thole 
that are Strangers and Vagabond Qu^akers, in manner as is above ex- 
prelled. 

And it is further Ordered, That whatfoever charge fnail arite aboui 
Apprehending, Whipping, Conveying, or otherwife ahout the Quakers, 
to be laid out by the Conflables of fut;h Towns where it is expendcd^and 
to be repaid by the Treafurer out of the next Country Levy. 

And further, that the Conftables of the feveral Towns are hereby im- 
powred from time to time, as neceffity fhall require, to ImpreCs Cart^ 
Oxen, and other AfTiftants for "the Execution of this Order. [ y^^; /. J 



TH'is Court heretofore, for fame Reafom wduc'me;, did jucl£? meet lo 
fufpend the execution of the Laws agamjl Quakers, as fuch, fo far as 
they refpcfl Corporal punijhment or Death, during the Courts pUajure. Now 
fyrafmuch as new complaints are made to this Court of fuch ferfons ahound- 
ing, efpecially in the Sajiern parts^ endeavouring to draw away others to that 
TPicked Opinion; 
•- It is therefore Ordered, that the laft Law tit. Vagabond Quakers, °'/^^^'^''^IJ^j_ 
May 1661. be henceforth in force in all refpe(5Vs; Provided that their vT^ m<,, IttY. 
V^^hipping be but through three Towns: and the Magiftrate or Com- i" '"w- 
mifTioners figniug fuch Warrant, fhall appoint both the Towns, and 
number of Stripes m each Town to be given, [^166 2.^ 



vv 



HIDES and. SKINS. 



Hereas fame perfom more feekjrtg then own private advantage then 
the good, of the Tublick.^ ^0 Tranfport 'Kjiw Hidei and Pelts j 



P.-.w Hi 
to ( 



^4 Hi^'jwcyes, 

It is Ordered that henceforth no perfon (hall deliver aboard any Ship 
fJides rof or other VefTei, dire(ft!y or indireaiy, any Raw Hide, Skin, Pelt or Lea- 
ud/ "'^'^'* ther unwrought, with intent to have the fame tranfported ou: of this Jur 
rifdicftion, upon pain to forfeit the fame or the value thereof 

And that no Maftcr of any Ship or Vefle! fhall receive any Raw Hides, 
Slcins, Pelts or Leather rnwroughr, diredly or indiredly aboard his Ship 
or VcfTtl to be fo tranfpcrted upon the like penalty. 

Provided that any Perfon, Stranger or other, may tranfport any Hides 
or Skins brought hither from beyond the Seas by way of Merchandize, or 
the Skins of Bever, Moos, Bear and Otter. [ J646.} 

L.2-2-S. . 2. Vpofi Information cf the ne^leO of many peyfom,.hi not faring fuch 

Bides or Sk!.ns^ as either by crfy.alty or Slaughter come to hand, whereby^ 
damage redounds to the CvuKtry^ 

It is Ordered, that every Hide or SI:in fball carefully be dryed, bc- 

ilbrp'i^ferte'r ^"^"^^ i' ^crrup:, and that fuch Hides or Ski::s fhail be fcnt where they rr.ay 
be Tanned or Drclfed, and whofoever /hail ncgleefr to do as aforesaid, 
fhall forfeit for every fuch Hide five fhillmgs^ and for ever Skia of Calves 
or finall Cattle twelve pence. \_1640, 46.} 



T 



HlGHwATEc. 



O the e;:d there m/iy be convenient Hi^h-v:r,ycs for Travellers. 

It is Ordered by the Authority of" this' Court, That all Country 
HighvTOyes fhail be fuch as may be moft tafie and fafe for Travellers, to 
which ptiipofc the Court of that County where fuch High-wayes is to be 
made and laid out, fhall upon complaint appoint two orthreemen of each 
next Town, whofe Inhabitants have moft occafion thereof, upon view to 
lay out fuch HighAvayes according to Order, given them by that Court, 
and make return of what they do therein to the next Court, Provided 
alwayes it occafion not the pulling down of any Mans Houfe, or lay.ng 
open any Garden or Orchard, and in Common Grounds, or where tlie 
Soylc is wet, myrie or very rocky, fhall lay out fuch High-wayes the 
wider, W2,- fix^ etjht, tcv or more Rods. 
fae'^^n'To^i- Pi'ovidcd, that if any Min be thereby damaged in his unproved Ground, 
ewr! the Town fhall make him reafonablc fatisfadicn, by cfiimation of tbofe 

that laid out the fame : and if fuch pcrfons deputed cannot agree, it fhall 
be referred unto the County Ceurt of the Shire, who fhall have power to 
hear and dctermme the Cafe; And if any perfcn findehimfclfjullly grieved 
•with any a(ft or thing, done by the perfons deputed aforcfaJd, he may 
Appeal to the County Court aforefaid, but if he be found to complain 
without caufe, he fhall furcly pay all charges of the parties, and Court, 
during that A^ion, and alfo be fined to the Country as the Court fhall 
adjudge, lidjp.} 

Prjv,,M«y« irt 2. It is Ordered and Declared by this Court, That the SeledTowris, 

men of every Town, have power to lay out (by therrifclves or others) 



IlorfeSy Mares^ Stone-Horfes. <Sj 

particulor and private wayes concerning their own Town, onl^ To as no 

damage be done to any man without due rccoitipcnce to be given by the jJ'xokm'^'^ 

judgement of the faid Selc(ft men, and one or two choi'cn bv the faid Scr 

left men, and one or tvv^o chofcn by the party, and if any pcrlon fhall 

finde himfelf juftiy grieved, he may Appeal to the next County Court of 

that Shire, wiio lliall do juftice thcrcm as in other Cafes.- [^ 1642.'} 

a. Vpon information that divers Hi?h-waycs are much amoved and in- 
tumbred by yates and 7(jitls ereited upon them ; n-gh waycto 

It is Ordered by the Authority of this Court; That upon any infer- be removed 
matiots or compbint made to any County Court, or to any Magiftrace of 
any fuch Gate^ or Rails ercdled, or to be eredcd upon any Common 
High-way, the faid Court or Magtftrate fhall appoint a Committee of 
difcreet and indifferent men to view fuch incumbrance, and to Order the 
leformation thereof. 

And if the parties whom it fhall concern, fhall not fubmit to fuch Or- 
ders, they (hall require them to appear at the next Court of that Shire, 
and alfo fhall certifie the incumbrance found, and Order by them made 
under their hands untc the faid Court, or appear in pcrfon to profecute 
the caufe, where it fhall be heard and determined for cafe and conveni- 
ency of Travellers, with due refpe<fl fo the Proprietors coft and dainage, 
but no perfon fliall ftand cliarged with the repair of common High wayes 
through hie ov-^r Grounc. [_ /^^'' ] 



HORSES, MAKES. 



IT is Ordered by this Court and Authority thereof; That no Mailer or i^^.p. 11. 
Commander of any Ship or Barque, fhall receive on board his Ship or 
VcfTel, any Horfe, Gelding or Mare, but fuch as fhall be entred into a 
Book, with the colour, particular marks and age, ( as near as may be 
known) and perfon of whom fuch Horfe was laft bought, and proof by Horfcttobe 
Witnefs or Oath thai: he was the true owner thereof, to be kept by the '^^"c^nuld'in " 
Clerks of the Writs in al! their Towns, who are hereby Authorized to Book, 
•view al! fuch as fhall be fhipped ; and for every Horfe fo entred, there 
fnall be paid to the faid Officers, by the Owner or Merchant of fuch 
Horfe, fix pence a piece. 

And every Commander or Mafter of any VcfTel, who fhall fake on 
hoard any other Horfe or Mare, except fuch as he ihall receive a Note 
under the hand of the faid Clerk> and be entred as aforefaid, fhall for eve- Penalty 
ly fuch offence forfeit the Sum of forty Jhi/lin^s to the Informer and foriy 
fhillings to the Trcafury. £ 164^.^ 

It is Ordered, that no perfon fhall ui;der any pretence fell or any way NoHorfB?to bo 
difpofe any Horfe, Mare or Colt, to any Indian, upon the penalty of one ^° '° " ""'' 
hundred pounds. Q / <f //. J 

WHereas the Breed of Horfes in the Country is utterly fpoiled, whereby 
that ufeful Creature will become a burthen^ which othemife might be 
bent fie: al, , and the occafton thereof is conceived to be through the frnalnefs and 
badncfi of Stone Horfes and Colts tba, run v^. Commons and Woods ; 

Q If 



66 Stone Hor[a. Idkmfs. 



For prevention whereof, This Court doth Order and £na£l, and be it 
b/ft" p°™t Ordered and Enacrcd by rhc Authority hereof, That no Stone Horfe above 
offtone Hoifti two years old fha!l be fuffcrcd to go in Commons and Woods at libcrr'', 
unlefs he be of comely proportion and fufficient ftature, not Icfs then 
fourteen Hards high^ reckoning /owr Inches to a //<a«^/«», and fuch a Horfe 
to be viewed and allowed by the major pait of the Seleft men of the 
Town where the owner lives. 

And if any perfon or perfons turn any Stone Horft upon the Commons, 
or at liberty, or in the Woods, being not viewed and allowed as before, 
he or they ftiall forfeit tvecntj pilUnp a Month for every Stone Horfe 
running at liberty, after he is a two years old\ which penalty is to be ta- 
ken by Warrant of the Seled Men, and imployed to the Towns ufe,and 
if the Seiecft Men of any Town do negledl tneir duty in taking their fines^ 
and viewing fuch as are brought in, according to this Law, they fhall for- 
feit twenty jlnllmgs to the County Treafuryj and this Law to be in force 
the firft of Oilober next. {_ 1668.'} 



Crnf.at.'c to 
«J^c notice of 
lile pcifons. 



Idle TcTJoni. 



WHerm in the Law tit. Noufe cf CorrcSior.y Idle perfctis are parti- 
cularly named as fuch^ as the Laiv intendeth Jhculd be temmitted to 
that Houfe forCorreffion and Reformation: This Court taking notiie, upon 
£ood information and fad complaints^ that there are fame pet funs in this ?«- 
rifdidicn, that have Families to provide for^ who greatly negle[i their CaRiriq^s, 
or mifpcnd what they earn^ whereby their Familtes are m much want,' and 
are thereby expofed to fiffer, and to need relief from others-^ 

This Court for remedy of thcfe great and unfufFerabie evils; do De- 
clare, that by Idle perfons (mentioned in th? reeited> Law) fuch negle-. 
iftors of their Families, are comprehended amonft the reft, and that in a 
fpecial manner. £ i66s.'^ 



IT is Ordered, that no perfon, Houfe-holder or other, fliall fpendKistime 
Idely or unprofitably, under pain of fuch punilhment, as the County 
Court fnall think meet to infli(ft. 

And the Conftables of every Town are required to ufe fpccial care to 
take notice of Offenders in this kinde, efpecially of common Coafters, 
•unprofitable Fowlers, and Tobatco takers, and prefect the fame to the 
next Magiftrate, who is hereby impowred to hear and determine tlie caufe, 
or transfer it to the next Court. [ '(^js-l 



Icfaites. 



^efrntys. Im^o/ls. 6-ji 



^ESVJTES. 



THis Court ta^H£ itito confderation the great Wars^ Comhujllons ani 
Dm/ions which are this day in Europe (tnd that the fame are ohfeived 
to he raifed and fomented, chiefly by the fecret undermiy.in^s^andfolicitationi 
ef ibijfc of the Icfuitical Order, Men bruu»ht uf and 'Devoted to the "HjU- 
gion and Cou>t of Room, which hath occafioned divers States to ex^el theni 
tbeir Territories, for prevention whereof among our felves ; 

It is Ordered and Enatftcd by Authority of this Court, That no ftfidte [°,^^'fur"itiir- 
or Spiritual or Ecckfafitcal pcrTon (as they arc tcrincd ) Ordained by the di'i'on- 
Audionty of the Po^e or See of Room, (hall henccfortli ac any time repair 
to, or come within this Jutifdi^ion : And if any perfon fnall give juft 
caufc of fufpition, that he is one of fueh Society or Order, he fliall be 
troHght before fome of the Magiftrates, and if he cannot free himfelf of 
fuch fufpition, he (hall be committed to Prifon, or bound over to the next 
Court of AfTiflants, to be tryed and proceeded with, by Banifhment or to be Biniihta- 
otherwife as the Court Ihall fee caufe. 

And if any perfon fo Banitlied, be taken the fecond time within this 
Jurifdi<flion, upon lawful tryal and convi(flion, he fhall be put to Death. 
Provided this Law fhall not extend to any fuch lefuitc. Spiritual Or Eccle- 
fiajlical perfon, as (hall be caft upon our Shores by Ship-wrack or other 
Accident, fo as he continue no longer then till he may have opportunity 
of Paflage for his departure j nor to any fuch as (hall come in company 
with any MelTenger hither upon pubhck occafions, or Merchant, or Mafter 
of any Ship belonging to any place, not in enmity with the State of 
En/Jand, or our felves, fo as they depart again with the fame MefTenger, 
Maflcr or Merchant, and behave thcmfclvcs inoffcnfively during their a- 
bode here. (^ 1^47. 1 



IMPOSTS. 



FO R the ftipport of the Covernmer.t end Mdintenance of PortificatioYi,fot 
the polebmg and fafe guarding our Harbours for our felves and others 
that come to Trade with us; A ,, P ro 

It is. Ordered by this Court and the Authority thereof, That every •^•■'r''- ' 
I'erfon Merchant, Seaman or other, that bring Wines, or Strong-waters 
into any of our Haibours, in any Shipsor Veffels whatfocver C except they 
come diroOly fr>:m England as their firft Port) before they Land any of w'.n^toi.f <>n. 
the faid Wines or Strong-waters, more or Icfs, (hall fir(t make entry of '^'^'dbcf.:e lan- 
,as many Putts, Pipes or other VefTels, as they or any of them (hall put 
on fhiott, by a Mote under their Hands delivered to the Ofricer than is to 
receive the Cuflonjcs at his Houfc, upon pain of forfeiture and confifcar 
tion of all fuch Wines and Strong-waters as are Landed, before fuch entry 

O 2 made 



6g 



Impoft. 



Co!^''ive to be 
paid upnnche 
Landii'g- 



CunomersUe* 
poiy. 



PstfSoF tlie 
Cnikom of wine. 



made, whctcfocvcr fornd, the one half to the Country, the other half to 
the Officer, and the Merchant or owner of fuch Wines of any kindc, ex 
Strong waters, as foon as he Lands them, fbaJI deliver and pa\ unto the 
faid Officer what is due (or Cuftomc of them according to this Order, m 
Wine or Strong-water, according to the proportion of the goodnef^s of 
the parcel that is brought in, as the Officer and Owner can agree, to 
the contentment and fatisfadiion of the faid Officer, but if they cannot 
agree, the Treafurer for the time being ffial! Determine the price thereof. 

And it is further Ordered, that the chief Officer or Cuffomcr fhall have 
under him a Deputy or Deputies, who lliall be as fearchers or waiters in 
fevera! places, to take up fuch Wines or Strong-waters by order of the 
faid chief Officer, and to take notice of w hat is Landed in any place of 
this Jurifdicftion, that the Country be not defrauded, who (hall have due 
iccompence, as the chief Officer (hall agree with them, and all Wines fhall 
pay Cuf^ome according to the Rates following: 

Every Butte or Pipe of Fyall Wines, or any other Wmcs of the Weftetn 
Iflands, fire ftuHmis. 

Every Pipe of Madera wine fx p>Uliiigs eight ^ence. 

Every butte or Pipe of Sherry, back, Malaga, or Canary Wines, i(ri 
pilings. 

Mufcadcis, Malmfies and other Wines from the Stiaits, ten f.j:l'ings. 

Baftards, Tents and Alligants, tot fiJlings. 

And proportionable for greater or Icller Veflcis of each kinde. 

Every Hogfhcad of French Wines two jhi/lings fix ^;ti:c. 

And every Hog(head of Strong-waters, ten Jhi/lrrigs, and proportionably 
for greater or icffcr quantities. 



wci <U)4 duly. 



affi.i the Olficer 



olhtrs 10 J'lift 
the CiiSomcr 



on penalty of 
ten ftiillmgi 



2. .j^nd for the better iccovcriug c.ny fuch Cujlome! of Wines and Strong 
•venters, cr Forfeitures^ for not entring according to this Order., 

It is Ordered, that the faid Officer or his Deputy, hath hereby power, 
and is required to go into ail Houfes or Cellars, where he knowtth or 
fufpecffcth any Wine or Strong-waters to be, and fhall feize all fuch 
Wines and Strong \\ aters as art not entrcd according to this order; and 
alfo feize and take poi'tlfion of fo much Wines and Strong waters as fhall 
make payment for wiiai Cuf^ome is due, according to entries made, and 
is refufcd or ncg'ciftcd to be paid in due manner according to this 
Order. 

And all Conflables and ether Officers are hereby required to affiff and 
aid the Officer in the difcharge of his duty, and helping to break open 
fuch Houi'es or Cellars of the Owners of fuch Wines or Strong waters, 
us ffiall refufe to open their doors or deliver their Keys in a peaceable 
manner. 

And any Smith, Carter, Owner of Boat, Porter or other, that fiiall be 
required by the Officer to help and affi/i in taking, loading and tranf- 
porting fuch Wines for the ufe of the Country, and fhall refufe or negledl 
fuch fcrvice for due hire, (hall forfeit to the Common Treafury, ten flnl- 
hngs for fuch default, to be levycd by the Conftable, by W^arrant from 
any one Magiftrate. 

And all Debts due unto the Country for Cuftome of Wines cr Strong- 
waters, where Wines or Strong- waters arc not to be founds they (hall be 
rccv->vcrab!c in a way of AfTtion, accoiding to the courfc uf Law in other 
Cafes, 



&. And 



Imfofi. 69 



3. And \'i 5s further Ordcrd, That befidcs the Cuftomcs of Wires or X,.r.p.j>. 
Strong-waters aforefaid, ali Merclianrs or Maftcrs of Strangers Ships, winch 
fhall arive with Merchandize, in any of our Harbours of Bojlon or Charh- 
town, and fhall make falc thereof, or of the greater part of the fame, 
Ihall pay by way of Cuftome or Impofition, after the Rate of fx peme ^'^^Pj""/p"d 
per Tun for every Ship, to be paid out of the faid Merchandize; And the bycveij tip- 
Mafter of every fuch Ship, fhall alfo pay ten jhllings towards the main- 
tenance of our Fortifications, for the de eiite of our faid Harbours; Pro- 
vided no EniUJliJhipy or other Ship or Vcffel, Fraught in fln^layidjhy any 
Englifi) man arriving in our faid Harbours, nor any Vcfiel of out Qon- 
federates, or any other parts where our Sips are free of Cuflomcs, Im- 
pofts and Taxes, (hall pay the faid Cuftome of fx pence per Tun to the 
Officer appointed, but only towards the maintenance of the fa:d Fortifica- ForaOiipofseo 
tions ten piillings for every Ship above the burden of flvo Hundred Tuns, vun '<» f^Fo":^ 
and JIx Jlnllings eight ^ence for all other VdTcls and Ships under that bui- bmu. 
den. {,164/.} 



I.f.pr Ih=p».t.j8. 



Impcjl en wine and Strong Zlqwrs, 



WUereas the General Court hath formerly for good and rvctgky Reci- 
fans, laid an Impoft upon Wines and Strong-waters Imported-, 
It is thought expedient by this Court, for good caufes and confidcra- iirtpotioti wtnc 
tions, to fct a Rate (ipon all Cyder, Mum, Ale and Beer, fold in publick «""8i->quors 
Houfes licenfed to fell <uch things, that is to fay, two jhillings fix pence l'^Jl1°1'^^l 
yer Hogfhcad upon all Cyder, Ale and Beety and five Jlnlliugs ferHogfhead petHog(^c3d 
upon all Mum, and fo in proportion thereto, to each of them in greater 
or lefTer quantities. 

And this Court doth further Order that thefe Rates or Sums abovefaid, uo^aVJ ^" 
be paid to the Treafurer of the Country or to his Affignes in Money, by 
every perfon Licenfed to keep an Inne, Ordinary, or Houfc of publick 
entertainment, within this Jurirdi<flian whatfoever. 

And to that end, every perfon fo Licenfed , and felling , are Ordered 
and Required to keep a true and juft account of what he or they fhall fell 
from time to time; and that at the end of every Month or Week-, being 
thereto required, after, the publicaition hereof, they fhali prefent the faid 
account to the Treafurer abovefaid, upon Oath if required, or to his 
AfTigne, and pay all the Money due hereby ; and in cafe any of the per- 
fons Licenfed as abovefaid, fhall refufc or negle<ft to do what is above 
Ordered, upon convicftion before any two Magiftrates or Court of that 
County where the offence is committed, (hall pay treble damage to the 
Country or forfeit his or their Liccnfe, at the difcretioQ of that Authority 
that fhall take Ccgnizance thereof., £ 16 68.^ 



vor 



•jo Impojl. 



FOr the better Explanation and (jfe&ual Execution of the Law. tit 
. , Impoji ; 

Wines S Strong t ■ r^ i i it- r\ j i i • ^ • 

Liquors i-npor- It IS Ordered and Enacted by this Court and the Authority thereof 

withtbeVftcc'r"! T^2t all Wines and Strong-waters Imported into this Jurifdiaion, accor- 
ding to that Law, be entred with the Officer in particulars, both for quan- 
tity and quality, before any of it be Landed, upon, the penalty of the 
forfeiture of ail that is Landed before it be entred. 

It is Ordered that the Impoft required bv Law be paid to the Officer 
in Money, or the beft of the fpecic at Money price. 

Jm^ojl uj^cn all Goods and Provipom, 

TH'iS Court taking notice offundr'y Cemplamts of much Inequality in the 
pefcnt way of raifng Mcmys to defray fubhck^ Charges -^ 
Do therefore Order, and by the Auihoniy of thjs Court, be it Ordered 
and Enai^cd : 

J. That all Goods, Wares, Merchandizes and Provifions of all forts 
(excepting Fi(h, ShcepsWool, Cottonwool, Salt, and fuch ether thirgsas 
by former Laws are exempted, or otherwife provided for) which trom 
any forrcign part, or other Jurifdidion, fliail be imported into any of out 
Harbours, Ports, Shores or elfewhere within this jurifdiflion, fhall be 
Rated in a jull proportion with Eftates Rateable in the Counti'y, viz^ioe 
every twenty P}illin£s value, fhall be paid one ^cnny in Money. 

II. All Goods, Wares and Merchandizes as aforcTaid, fhall be here 
valued as foliowcth ; that is, Every Hiwdrtd founds at the Port or Place 
from whence it came, to be accounted here at one Hund-.td and tvrcniv 
pounds, which pimv^ per twenty Shillings, iliall be paid by the Aoent Fa- 
<fior, Owner or other perfon by whom they aie brought, or towhom'thcy 
are fent or Configned ; and fo according to the fame proportion for ai( 
greater or icflcr quantities whatfoevcr. 

III. To which end, all Goods and Provifions as aforefaid Imported, 
fhall by the Mafter, Purfcr, Boatfwain, or Skipper of each Ship or other 
Veflel in which they arc brought, before breaking Bulk, or Landing any 
of the faid Goods, be certified unto the Country Trcafurer or ColJeftor 
by him impowrcd in the fcveral Port Towns, or other places where they 
are brought, on penalty of forfeiture of twenty flnllni^s per Tun, ac- 
cording ro the burthen of the Ship or Veflcl wherein they are brought 
f>om time to time, 

IV. And all and every fuch Collcflor, iliall carefully and truely en- 
ter all fuch Goods, with their fcveral Marks, Casks, Packs, Fardels, 
Truffes, Chcfls, Truncks, Cafes, and all other things however called ordi- 
ftmguii'hed, with the Names of the perfons to whom fuch Goods or other 
Things are fent and Ccnfigned, or ate Owners thereof, fo far a^ may by 
any lawful means be difcovcrcd. 

V. And 



Im^oJIs. 7 1 



V. And all perfons to whom fuch Goods or other things aforcraid, 
are Configncd or fent, or arc the Owners thereof, fliall from time to time, 
before fuch Goods arc Landed, fignifie the true and jufi: value thereof, by 
{hewing the true and pcrfetTt Invoycc thereof, unto the aforefaid CoUe- 
C\ors for each Portj who arc hereby required to Enter the grofs Sum 
thereof in a Book for that purpofe, what the faid Goods or other things 
amount unto, and fhall forthwith demand and receive the feveral Rates or 
AHefsments aforementioned, or certifie the Treafurer, or fuch other Colic- 
<ftor or Receiver as is concerned therein. 

VI. And in cafe of denial or delay of payment, the CoiIe<flor Au;ho- 
rizcd as aforefaid, fhall levy the fame by diftrefs upon the faid Goods, at 
the Rate or price fet in the Invoyce, out of which he fhall have t\xo (liil- 
]ings per pound for his time and labour therein : And for the more full 
effecting hereof, the faid Collccftor is impowrcd to require aid ( if need be ^ 
as any Conftablc may in the like fervicc, and no man may lefufetoalTift, 
upon the fame penalty the Law in that cafe exprefs. 

VII. If any Invoyce or Bill of Parcels fhal! be fall'hed, concealed, or 
not produced, of any Goods or other things iniporrcd as aforefaid, it 
fhall be lawful for the Treafurer or CoIlecTtor, with the SclcCt Men of 
each Town therein concerned, to Rate all fuch Goods, or the Owner, or 
other Agent for the fame, by Will and Doom, according to their bed 
difcTCtion; Provided it be not lefs then four iiounds per Tun^ as the fame 
ftands Entrcd in the Bill of Lading, in the Boacfwain or other Officers 
Book. 

VIII. It is further Ordered, in reference to all forts of Cattle that are 
brought into this JurifdicQion, to be fold, killed or tranfported, that tlie 
Venders (hall give a juft and true account of all fuch Cattle To broi.ight. 
to fome one of the aforefaid Officers impowrcd to act herein, both in re- 
fpe<!l: of number and kindc, and the fame (hall be entred in a Bookj and 
the Owners of all fuch Cattle, or the perfon with whom they are trufted. 
before they are {tt to fale, killed or put on Board any Verfel for tranf- 
port, fhall pay for every Head as is cxpi-efTcd in the Law tit. Charges 
Publicity upon penalty of forfeiture cf any fuch Bca/V, or the true value 
thereof, in whofe hand foever foundj the one half to thepublick Trcafury, 
the other half to the Informer. 

IX. For all other forts of Goods, Hides, Skins, Beaver, PeItry,Buttfr, 
Chesfe, or other Merchandize or Provilions l)rought into this Junfci^jon 
by Land, the Owner, Factor, Agent, or other perfon intruded, fhall bet"cr£ 
any fale made, or before any putting on Boaid any VcQel for tvaufporrT 
or other difpofal of the faid goods, make a )ufl and true Entry there of^ 
as is before provided concerning Goods imported by Sea, and to be Ra- 
ted one penny in every tn-enty JIsUHkis, the fame to be paid in Money to 
the faid Officer, under the penalty of forfeiture as aforefaid j the one 
third part to the Country Treafurer, one thud part to the Informer, and 
one third part to the Collcftor. 

X. The Country Treafurer for the time being, is hcicbv impO'.vered 
and required duly to execute, or caufe to be dueiy and fully executed 
this prcfcnt Order in each particular part thereof, who is aUo mipuwcrcd 

P 2 and 



72 



Impjl. 



and Authorixcd to depute and impower all fiich OfTiccrs under him, as he 
fhall iudge ncccffary for the accomplilhment thereof, who upon Warrant 
to them directed (indcr his Hand and Seal, fhall attend the fame : Andthe 
faid Officer or Officers fhall be accountable to the faid Trcafurer, when he 
ihaU call them thereunto. 

XI. It is alfo Ordered, That fuch Goods or other things as upon im 
portation fhall by this Order be paid for, fhall not again for that year be 
Rated whilft they lemain in the hands of them that fo paid for them. 

Xll. In cafe the Treafurer or any Officer under him, fhall f5nde any 
great difficult or doubtful cafe in the execution of this Order, they fhall 
repair to the Govcrnour and Council, or fo many of them as can conve- 
niently afFcmblc, provided the number be not lefs then five, who are here- 
by impowred to give fuch Order and Direiflions for removing Obftru- 
€lions, as the major part of them fhall judge expedient, for the effectual 
profecution of this Order. 

And the Order P^efpcfting Cuftomes, made OSober i66s. is hereby 
Repealed. 

And it is Ordered further, That this prefcnt Law be in force forthwith, 
upon the ending of this prclent Seffions, and forthwith publifh in Bo^qv. 
and Charlitown,- 



It is Ordered by this Court, that this 
(hall be the Seal of the Treafurers Offic e. 







Lthcmh there are federal Orden made ly this Court, comtrmng the re- 
^^ceivm^ of the Rates of Goods Imported, yet it is found by experience, 
that h falls jhort of attaimng the full end intended : For prevention if the de- 
frauding of the Officer veho is appointed to Colled the fame; ^ _ 

It is hereby Ordered, as an Addition to what the Law hath provided 
uv, «o prevent .^ ^^-^ ^-^^ ^j^^j. ^j, jyiafters of Ships or other Vcfiels, comcing into our 
"-'■ -" ^ Ports with any Goods Rateable according to Law, fhall keep in theit 
Cuftody all fuch Goods, till they receive an Order from the goUcdtor to 
deliver the fame, or in defedV thcteof to pay unto the faid Officer the fuU 
value of the Rate appointed by Lav/, t i<^7°'2 



ofthcOlficer 
fbt CuTtomCJ 



Thret Qae3ion3 



Whether the revenue arifing by Rate or Cuftome of Goods Imported, 
as alfo Powder paid by Shipping belonging to Strangei3 and brought into 
the River of Pafcataqua, is to be returned to the Publick Treafury of thi9 
Country ? This Queftion is Rcfolved by the whole Court on the Affir- 



mative. 



Whether the Money already Colleded in Vafcata^ua River, vk. by 

Cuftomca 



Jmprefey, 73 

Cuftomes or Rate on Goods Imported, &:c. and for Powder paid byfhip 
ping, that is, what hath been received from Strangers, and fuch as are 
not Inhabitants of the faid River, is to be returned to thepublick Treafu- 
ry of this Country j this Queltion alfo was refolvcd on ihe Affirmative 
by the Court 

Whether the Revenue arifing by the Rate or Cuftome layd on 
Goods Imported, belonging to the Inhabitants of PajcatacjuaT{jvcy, which 
is brought into the faid River, is to be paid into the Conntry Treaforer: 
This Queftion is Refolved in the Negative by the whole Court. [_>i7>-2 



1 



IMT RESSES. 



T is Ordered by this Court and the AutTiority thereof-, That in all f^^t.p.p- 
pubhck works of this Common-wealth, one Magiftrate and the over- 
feer of the work, fhall have power to fend their Warrants to the Con- Latourrrs p^f- 
ftables of the next Towns, to fend fo many Labourers and Artificers as the '''^f^'^^v piii>' 
warrant (hall direcfV, which the Conftablc and two other or more of the 
Freemen, which he fhall chufe, fhall forthwith execute for which fervice, 
fuch Magiftratc and Overfeer aforefatd, (hall have power to give fuch 
Wages as they fhall judge the Work to deferve , Provided that for any 
ordinary work, no man fhall be compelled to work from home above one 
■week together. 

2. It is alfo Ordered, That no man (hall be compelled, to any Pub- 
lick work or fervice, uniefs the prefs be grounded upon fome ad: of the 
General Court, and have reafonable allowance for the fame, nor fhall any 
man be compelled in Pcrfon to any Office, Work, Warrs, or other pub- 
lick fervice, that is neceffarily aud fufficiently exempted, by any natural 
or perfonal impediment, as by want of years, greatnefs of years, dcfe(ft p„(on5rr« 
of minde, failing of fences, or impotency of Limbs : for defeat 

Nor fhall any man be compelled to go out of this Jurifdiiflion upon 
any offenfive Wars, which this Commonwealth, or any of our Friends of 
Confederates, as (hall voluntarily undertake, but only upon fuch vindicflive 
and defenfive Wars in our own behalf or the behalf of our Friends and 
Confederates as fhall be enterprized by the Council and confeat of a Ge- Cjttie and other 
neral Court, or by Authority derived from the fame. goodsdJi^n.-f^J 

Nor (hail any mans Cattle or Goods of what kinde foever, be PrelTed, [•",,'l'ce. r*o"C'' 
or taken for any Publick ufe or fervice, uniefs it be by Warrant, made goni 
p/ounded upon fome Ad of the General Courts Nor without fuch rea- 
fonable Frizes and Hire, as the ordinary Rates of the Country do aff'ord, 
and if his Cattle or Goods fhall periih or fuifer damage m fuch fervice, 
the Owner (hall be fufHciently recompenced. Q'^4'.J 



C- 



I mprtpnmsnt. 



74 Imprifomfiert. Indians. 



IMPRISONMENT. 



TT is Ordered and by this Couft Declared, That no Mans Pcrfon fball 
be Reftrained or Imprii'oned by any Authority whatfoevcr, before 'he 
Who Baylabte-. j^g^ i,^^;, Sentenced him thereto, if hecan pntin fufficient Security, Baile or 
Mainprize, for his appearance and good Behaviour in the mean time, un- 
Icfs it be in Crimes Capital, and Contempt in open Court, and in fuch 
Cafes where fuch txprefs Ad of Court doth allow it. [."^4'-2 



INDIANS. 



4 t2. p.iS. TT O'S^fdlhg the Indians Title to Lands in this JurifdiSion -^ 

r It is Declared and Ordered by this Court and Authority thereof. 
That what Lands any of the Indians in this Jurirdi(nion bavepoiTefTcd and 
improved, by <"ubdumg the fam?, tbey have juft right unto, according to 

ifidUns Tith to tliat in Gen. i.iS. &cbcip. g. i. & Pfal. t //. t6. 

Land. 

Jnd for the farther incomagement of the hopeful work^armm0 them, for 
ihe Civilidngy and helping them forward to Chnjlianity, If any of the In- 
dians flmll be brought to Ctvihty, and piall come among the Enoltfl} to In- 
habit y in any of their Plantations, and fhaU there Irve Civilly and Orderly; 
That fuch Indians fhall have Allotments amongft the Engiifh, according 
c;,;iind"ns to j^ f|^g Cuftomc of the Engliih in like cafe. 

urihem. *""" FurtVicr if is Ordered, that if upon good experience, there fhail be a 
competent number of the Indians brought on to Civility, fo as to be ca- 
pable of a Towiifhip, upon their requcft to the Genera! Court, they fhalJ 
have graunt of Lands undifpofed of, for a Plantation as the Engliih 
have. 

And further it is Ordered by this Court, that if any Plantation or Per- 

inJimsnnrto fon of the Engiifh, fhall oftcrinjurioufly to putany of the Indians from their 

b{ difi>oiTe,i«i planting grounds, or Fifhingp!3ces,upon their complaint and proof thereof, 

they fhall have relief in any of the Courts of Juftice amongft the Englilh, 

as the Engiifh have. 

And further it is Ordered by this Court and the Authority thereof, and 
be it hereby Ena(f\cd, That all the TnCi of Land within this Jurifdi(ftion, 
whether already granted to any Engiifh Plantations or Perfons, or to be 
granted by this Court (not being under the qualification of Right to the 
Indians ) is. and fhall be neeounted the j'uf^ Right of fuch Engiifh as al- 
ready have, or hereafter fnali have Graunt of Lands from this Court, end 
the AuthoHJy thereof j from ?haS; of Genefs i. zg, and the Invitaticvi of 
the Indians. 

W'l^f ?.■ ■^"^ ^^ ^^ Ordered, That no Perfon whalfoever, (hall henceforth 

buy 



Indians. ^^■ 

buy Land of any Indian without Licenfe firft had and obtained of theGc- ^,^ 
neral Court, and if any offend herein, fuch Land fo bought fhall be for- Laod'of inilam 
/eired to the Country. 

Nor fhall any perfori, fell, give or Barter, dirc€^!y or mdire^ly, any Gun cr 
Guns, Powder, Bullets, Shot, Lead to any Indian whatfoever^ or to any 
perfcn Inhabiting out of this Juriididion : Nor rtiall any amend or repair n.'I.oTto'bMrt 
any Gun belonging to any Indian, nor fhall fell any Armour or Weapons, jf J wiib ilw m 
upon penalty of ten pounds for every Gun, Armour or V/c::pons ib fold, '"^ 
given cr Bartered,, five pounds for every pound of Pov/der, forty finllinii 
for every pound of Shot or Lead, and proportionably for any greater ot 
lelTcr quantity, l^i^jj. 37. "} 



FOT^ Explanation of thr LarVy tit. Indians -^ 
This Court doth Declare the Prohibition there cxpreft, Referring to 
the purchafe of Indian Land without Licence from this Court, is to be un- 
derftood, as well Gtaunts for tearm of years as for ever, and that under 
the fame penalty, as in the faid Law is exprcft. [_ '.66t.'} 

■3, Whereat the French and Dutch and ether fcrrclm Nations do crdi- r . * /j 
itArily Trade GunSy Powder, Shot, &r. with Indians, to our great prejudice ' ' 
and flren^theninj and animating the Indians againji us , And the afore' 
/«/^ French, Dutch <2'C. do prohibit all Trade with the Indians within their 
refpeUive 'jiirifdiClions, under penalty of Confifoation, &c. 

It is therefore Ordered ; That it (hail not be lawful for any French- rorrfitfrersor. 
man, Dutch-man, or any perfon of any other Forreign Nation whatfoever, s'^,k*u,?^i j'ns 
or any EngUfli dwelling amongft them, or under them, or any of them,to '" '"" " 
Trade with any Indian or Indians within the Limits of our JunTdidlion, 
diredly or indiiedly by themfclves or others, under penalty of Confifca- 
tion of all fljch Goods and Veffels as fhall Le found fo Tracing, or the 
due value thereof, upon ju/l proof of any Goods or VelTels, fo Trading 
or Traded. 

And it (hall be lawful for any perfon or perfons. Inhabiting within this 
Jurifdiftion, to make feizure of any fuch Goods or Ve/Tels Trading with 
the Indiant; one half whereof fhall be for the proper ufe and benifit of 
the party feizing, and the other half to the Country. 

4. And becaufe the Trade of Furrs with tie Indians in this ftirifdi- j 
Oion, doth properly kelong to tins Cammon-vHallh, and not unto particular ^^'^'''■' 
perfons j 

it is therefore Ordered, That henceforth no Perfon or Perfoi^s, di- 
refliy or indire<f^Iy, (l|all Trade with the Indians for any fort of Peltry, Noae »o Tr.i,f; 
excepting only fuch ss are Authorized by this Court, or by fuch Coin- ^"/'^"iw'";',: 
mittee as this Court fhall appoint from time to time, under the penalty ccnft under re- 
ef owe Hundred pounds fine for every offence, ten pound whereof fhall be "^"y'^""' "■ 
to the Informer, the reft to the Country. 



iro- 



5. Whereas fever al Orders for the preventing of Drunkennefs among fi A.t2 p. 13. 
ine ■Indians have been made, yet notwithjlandtng there is little or no refor- 
mation : For the prevention thereof, and the frequent efeils thereof, Murder 
and other outrages amongjl them ; 

This Court doth Order, that no perfon of what quality or conditiofi 

0^2 foevec 



v6 Inaians. 

foever, fhall henceforth Sell, Truck, Barter^ or give any ftrong Liquors to 
"!ohihi(r"L" c ^"y ^nd'^Hj dirctlly or indirectly, whether known by the natne of K um, ftrong- 
foioorrivn to Watcrs, Wines, ftrong-Beer, Brandy, Cyder, Perry, or any other flron^- 
m't'y oVvT i-Jquoi's, going undcr any other name whatloever ■, under the penalty of /;; '.y 
jcrpMu ^hillings for one pint, and fo proportionably for greater or leffer (quantities 

io Sold, Barteied or Given, direftly or indirectly as abovefaid. 
oylnd far the better execution of this Order -^ 
All Trucking Houfes erc<l^ed (not ailov/ed by this Court) fhall be 
forthwith dcmolifhed. 

i>y^nd for the better effeBlng of this Order; 
It is Declared that one third part of the penalty, fhall be granted to 
the Informer. 

It is alfo Ordered, that fpccial care fliall be had by the Grand jury, of 
every Shire Court, to inquire and prcCent to the Court what they hnde, 
to difcover matter tending to fuch pradife, againft the true intent of this 
law -. 

And all other Orders giving liberty to fell flrong Liquors to the Indians, 
arc hereby Repealed^ and all Licenles formerly gi anted, are hereby dis- 
abled and called in- Provided alwaycs, that it is not intended that this 
, . Law fliall extend to rcftrain any pcrfon from any charitable a^, in re- 
o(f\'cMi.il, tie. licving any Indian (bonafdc) in cafe of fuddain extremity, by ficknefs or 
fainting, which calls for fuch help, not exceeding one d-am, norwhenany 
Phyfitian fhall prefcribe in way of Phyfick any of the particulars before- 
mentioned 5 fo as upon fight of his direftion in writcing, there be al- 
lowance had undcr the hand of one Magiftiatc, or where no Magiihates 
io the Town refiding, being under the hands of the Town ComnriiTioneis 
or two of them. [_ i6sj.} 

A jS.'^.iS. 6. This Court coyifdering ibe r.ecefjity of reflraining the indiani ftovn 

whatfoerer may be a means to diflurb our pcetee and quiet -^ 

Doth Order, That henceforth no perfon or perfons Inhabiting within 

. this lurifdidiion, fhall dirciftlY or indirciflly any waves five, fell, baiter 

fold loinjiins Of oiherwifc dilpoic Oi any Boat, Skitie, or any greater Veliel unto any 

Indian or Indians wliatroever, under the penalty oi fifty founds, to be paid 

to the Country Treafurer, for every fuch Vellel fo fold or difpoJcd as 

afciefaid. l "^j^-J 

Z.i'p- iS. rj ]t ;s Ordered by this Court, That iil all places within this Juris- 

diction, the Englifn fhall keep their Cattle from deAroying the Indians 
j^jijn! i'.r^'hei? Corn, in any ground where they have right to plant, and if any of their 
coratobcftiii- Corn be dcftroycd for want of Fencing orHearding; the Town fhall make 
'"*• fatisfaflion, and fliali have power among themfelves, to lay the charge 

where the occafion of the damage did arife ; Provided that the Indians 
•flial! make proof, that the Cattle of fuch a TcA-n, Farm or Pcrfon did the 
damage. 

^r.d for ir.eouragemcnt of the Indians, towards the Fencing in of their 
Corn- f elds • 
HcipindFrnce Such Towus, Faims, Or Perfons, whofe Cattle may annoy them that 

fnarpning Rails, and holing of Pofts ; allowing one Englifti-man to three 
or more Indians; And fhall alfo draw the fencing into place for them, 
and allow one man a day or two, towards the fetting up the fame, and 
cither Icr.d or felj them Tools to finifhi it ^ Provided, that fuch InJi^ns to 
whoni Lhs Country or any Town, have gi.'CD, or 0.ali give Giound to 

plant 



Jnclians. 77 

plant upon, or fhall purchafe ground of the EngliOi, fhall Fence fuch their 
Corn Fields or Ground, at their own charge as the Engliili do 01 iliould 



00: 



And if any Indian rcfufc to fence their Corn Ground (being tendred 
help as aforefaid} in the prefcnce and hearing of fufficient witnefles, they 
ftall keep off all Cattle, or lofe their dcunages. 

And it is al fo Ordered, that if any liarm be done at any time by the 
Indians unto the Enghfli, in their Cattle ; the Governour or Deputy Go- YJ'^^^X^^ia 
vernour with two of the Afliftants, or any tiiree Magiftrates, or a»iy caltie 
County Court, may order fatisfaQion according to Law and Jufticc. 
[ 164-0. 4S.~} 

8. whereas one end in planting thefe parts was fo propagate the true Re- 
ligion unto the Indians, and that divers of them are become ft(bjf8 to the En^Upr^ 
Und have engaged themjelves fo be willtng and readj to underftand the Law 
vfGod-^ 

It is therefore Ordered, That fuch neceflary and wholfome Laws which uwiobe puV 
are in force, and may be made from time to time, to reduce them to civi- I'fhfd (o ihein 
lity of life, fhall be once a year ( if the times be fafe ) made known to 
theln, by fuch fie pcrfons as the General Court fhall appoint. 

9. For the bttter Ordering and Governing the Indians fuhjed to ui, ^, j-^.. 
efpecially thofe of Natick and Punquepaog; 

It is Ordered thar whomfoever the Court fhall appoint, do take care 
that- all fuch Indians do live according to our Laws, as far as they are ca- 
pable, and to that end fhall "be Authorized to .conftitute and appoint 
Indian CommifTuoners in their feveral Plantations, to hear and deicrmine 
all fuch matters that do arife amongft thcnifeives as one Mngiftrate 
may do amongft the Englifh, with Officers to execute all Comriiands and 
Warrants, as Marfhal and Conftables. 

And further they joyntly fhall have the power of a County Court, -.p„„5,^,, 
to hear and determine all caufes arifing among them, the Englifl. Ma- i^cpt 9^,01/ the 
tiftrate appointing the time and place of the Court, and confenting to the ''x^'""'- 
determination or judgement, and ad other matters beyond their cognizance 
fhall be iflued and determined by the Court of Affiftants. 

10. And it is Ordered, 'hat no Indian fliall at my time Foveaw or pqw,ws forbid 
perform outward worlliip to their falle Gods, or to the Devil, in any part "^"• 

of our Jurifdi<!^ion, whether they be fuch as fhall dwell here or fliallcome 

hither j and if any fhall tranlgreCs this Law, the Powawer fhal! pay five 

founds, the procurer ^pc founds, and every other counlcnancmg by his to^-is mr;.- 

prefence or otherwife ( being of age, of difcreiion ) twenty P)i/!iii((s, and drain indin^c 

every Towt) fhall have power to reftrain all Indians that fhall come into [^h^^^bbai'h""^ 

their Towns from prophaning the Lords day. [ fpjS> S7> -?"> -f '> -fv, 

WHereas the fm of Drunkfnmfs amovgjl the Indians doth nnich increafe, 
notwiibjlandmg the Laws provided agairxfi. that cry,ng f,n; DruavZX"?n. 

ThisCouirdoth iherefoxeOrder, thatany perfonor perfons, ihal fhall fee, ''^''•'S''' 
knoworfinde any Indian with any flrong Liquors, Wine or ftrongDnnk.that 
fuch Indians have any way gotten without Order as the Law diff(fis, fhall liave 
power to feize the fame, and to deliver the faid f\rc(t!gDrink to the Confiahics '^^f' ^'""i '■'• 
of the Town or Place where fuch Indiana are found, with their pcrfoi s ro^'n j,'^,^ '^ 
to be conveyed before fome Magi(>rate ox CommifTio.^.er , who h^/, '»'^''" 



n2 Indians, 

power to deal in Cud\ cafec 5 and fuch Indians as are found Drunk, being 
apprehcndod, end will no; qo:S3iS how or whsie they had the faid Wincj 
Liquors, or flrsng Drink, fha!! be fo&u»cd or iiTiprifoned until they make 
a juft acknowlodgenictit vAcre they had thdr Drink dforefaid, or commit- 
ted to the Houfe of Corrijd^ion, ond there labour to difcbarge the charge 
of their provitlon. 
-r. • , nA, - And if any f^^^ Indian do accufe any perfon for felling or delivering 
againft per(onsio ftrong Drink unto thorn, lucn Indian accufation Ihall be accounted valid 
uVth^f^rw' Egainft any fuch perfon accufedj except fuch perfons (hall clear then feivcs 
ci/ar h'tmfcif on by taking their Oath to the contrary, any Law or Cuflome to the con- 
oat)i,8cc. ^j.gj.y notwithftanding. 

And it is alfo further Ordered, tliat wJiatfoevcr Indian fhall Jiereafter 

iroruokto pay be taken Drunk, ftiall pay the fum of ien finllmgs or elfe be whipt, "by 

fcr^whipi'^^th"' laying on ten Jinxes, according to the di/eretioa of the Judge, whether 

fenflfijies,&c Magiftratc cr CommiiTioner w"ho (hail have cognizance of the cale: And 

in all Towns where no Magiftratc or CommilTioners arc, fuch Cafes Ihall 

be judged by the Selci^ men or major part of them. C 'tf^^.^ 



Vr:idr Willi Indf 



IT Is Ordered by this Court and the Authority thereof. That henceforth 
,.,= ,.., f...... ^ every perfon that is «r fhall be allowed by the Treafurer of the Country 

"aur'"*"" '"^" *° ^^^^ Peltry or Skins wiih the Indians, (hall have liberty to fell unto 
any Indian or Indians, not rn Hoftility with us, or any of the Englifh in 
J>iew Br,glandy Powder, Shot, Lea^, Guns, (i. e. ) Hand Guns, Rapier or 
S\"/oid blades j Provided he or they pay unto the Country Treafurer eveiy 
half year in mcr.ry, fx^eyicc a po'Jnd for every pound of Powder, Ji.r^ence 
TS'"74tg ^°^ ^^^""y. ff>?po»^i'-ds of Shot or Lead, three pKrrrp for every Gun, thee 
i:> iv cocitry p,i/!tn£i for every dozen of Rapier or Sword blades, and fo proportion- 
J'{a'w>%foZ. ably for any quantity chat he or they fhall fell to any Jr.dJan or Indian^-, 
zt3, i^c. ar^j every l^uch perfon allowed to Trade as aforcfaid, fljall upon Oath de- 

liver to the Treafurer a tjuc and jui^ account of the particulars of t,';e a- 
bovcmcntioiied Comnioditifs, by him or them fold unto any Indian or 
Indians, 

And it is fujthcr Ordered, that any perfon alKiWcd as before, that fhait 
be conviflcd bcfcre any two Magi(^rates or County Courtpof fcHing oilar- 
tcnng any of the foremcntioned Commodities unto any Indian, vthttcof 
he or ihcy have not given a trvc and juft account, and made due pay- 
ment unto the Treafurer as is above e.vpreffcdj every fi'ch pci for, oj per- 
fons ft)a!! forfeit to the publick Trcafury, fve ponnos Jltrlmg for every 
pound of Powder, yin' founds for every len pounds of S':ot cr Lead, tin 
fottnds for every Cun great or fmall, and ten fourJi fo; every dozen of 
Rapier or Sword blades, and fo proportionably for any quantity of the 
afoic(;?id Comm(xi!ti£S fold or bancrcd by him or them to any Sndian or 
Indians: and all perfons except fuch as are allowedjare hereby prohibited from 
iciling any of the forementionQd Commodities unto any Indian or Indians, 
upon the penalty cxprefled in the Law, tif. Indians, SeB. 2. And this Or- 
der to continue in force during the Courts pleafurCj any Law or Order 
to the contrary notwuhftandmg. [ i66i.^ 



lijditemints 



Inditimttiti, In-keeprs. 79 



INCITEMENTS. 



IT is Ordered by this Court; That no pcrfon fhall be Indited, Frcrcntcd, ^J^i- '". 
Informed againft, or Complained of to any Court or Magiftrate ■within 
thiS Jurifdi(ftion, for the breach of any penal Law, of any other mifdc- 
meanour, the forfeiture whereof belongs to the Country, unlefs the faid c„„j,^s'tU and 
Inditemcnt or Complaint, be made and exhibited within one year afier Prff<'>'(n>pnt« ro 

the offence be committed; and if any fuch Inditemcnt, Prefentment, In- '"*""■' ^" 

formation or Complaint be not made within the time limited, then the 
fame fhall be void and of none cflfeft . 

Provided alwaycs, this Law (hall not extend to any Capital Offences, 
nor any Crmies that may concern lofs of Member or Banifhment, or to 
any Treafonable Plots or Confpiracies agamft the Common-wealth, nor to 
any Felonies above ten Jhilliri£Sj nor fhall it hinder any perfon grieved, 
or that hath any wrong done to him or his Wife, Children, or Servants, 
or Eftate , real or perfonal, bur that every fuch perfon (hall nave fuch 
remedies as formerly he might or ought to have. [[ i^s2.2 



h" ymde vulhin 
•.year. 



iK-kseperSi Otdmarks, TiiVmgy Drunkemefs. 



FOrafmiich as there is a neerfary ufe of f/oujes of Common Enterlaltiment 
in every Common-wealth, and of fuch, as detail JVinc, "Beer and FiOunts^ 
>■-''' bccaufe there are fo many ahufes, both by ferfons eniertmning andby ^erfom 
cuterta'med ; 

It is therefore Ordered by this Court and Authority thereof; That no Noneto i;wp 
pcifon or perfons fhall at any time, under any pretence or colour what- ^ituw!^^^ 
focver, undertake to be a Common Vi6ualler, Keeper of a Cooks fhop, 
or Houfe for Common Entertainment, Taverner, or publick Seller of VVinc, 
Ale, Beer, or Strong-waters by Retail, ( nor fhall any fell Wine privately 
in his Houfe, or out of doors, by a lefs quantity then Quarter Cask) 
v/ithout approbation of the Sele^ed Townfmcn,- and Licenie of the Conn 
ty Court where they dwell, upon pain of forfeilnre o( five poundi for eve- ji.,r. 
ry fuch offence, or Imprifonmcnt at the pleafurc of the Court. 

Provided, it fhall be lawful for any whole fale "Merchant of Wines, or i.,ivri»to t.U 
the prefent Stillers of 5trong-waters, being Mafters of Families, or fuch wiiw!*Mroncj 
as receive the fame from forreign parts in Cafes, &c. or makers of Cyder 
to fell by Retail; Provided the quantity of Wine and Cyder, be not lefs 
then three Gallons at a time to one perfon, nor Strong-waters lefs then 3 
quart ; and that it be only to Mafters of Families of good and honeft re- 
port, or perfons going to Sea ; and they fuffer not any perfon to dnnk 
the f-^me m their Hotifes, Cellars or Yards. 

And every perfon fo Licenfcd for Common Entertainment, fhall have or<i;mrics to 
fennc inoffenfivc Sign, obviouo for dire<ftion of Strangers, and fuch as have bvr Sigoas 

R z u* 



8o In-keepers. 

no fuch Signe after three Months fo Licenfed, fliall lofe their Licenfc, 2nd 
others be allowed m their ftead. 

L.2.p./j. 2. And every perfon Ljccnfed to keep an Ordinary, Hiall alwayes "be 

^.ji.p.4-' provided of Strong Wholfonie Deer, of four Biifhcliof Malt ( at thelcaft) 

-^'SS-p'9' to a Hogflicad, which he fhall not fell at above two fence the Ale qL'arr, 

To be alwayes Upon penalty q( forty fbi lipids for the firft offence, and for the fccond of- 

ftrongBma!'.d, ^^'"^^ ^^ lolc his LJCCnfc. 



pel 9uart 



And it is permitted to any that will, to fell Beer out of doors, at one 
}enny the Ale quart or under. 



FoiirEulhc!'. of 



WHer the Law tit. In-keefers, Seft. 2. hath provided^ that every 
firjvn Licenced to keep an Ordinary^ jhall alwaya he provided of 
fro}!^ y.bolj'ome Beer, of four Bufhels of Alalt at the leaji to a Hogfheadj 
ivhieh Was Intended, and is hereby Declared to he of good £arly Malt, net 
to be fold for ahve two pence the Ale quart, on penalty as in thefaid Law 
is exprejfed, nttwsthjJanding rvhich, many keepers of Inns and Ordinaries as 
rfgardlefi of ihe faid Lavp, or of the dehafing of the produce of the Coimtrjy 
take liberty to make and fell Drink. Brewed of, or mtxcd with Melaffes^ 
cai'.rfe Sugar, cr other Alaterials, to the damage, ^ufl offeva arid prejudice 
of fmidry perfcip ; 
irXMau'i'n''n -t ii' therefore Ordered by this Court and the Authority thsreof. that 

Hosihcad no perfon Lfcenfed as aforefaid, fball after pubiicatioTi hereof, fe!l or any 

waycs utter any Bter, Ale or Drink inftead thereof, by Retail that is not 
made altogether of good Barly Malt, without any mixture ot MelaJTes, 
courfe Sugar or other Materials inflcad of Malt, on penalty of five pounds 
for every fuch offence, one half to the Informer, the other half to the 
County wl^cre fuch offence fhall be committed ; befides the penalties in 
the former recited Law exprefles, on Complaint toanyMagiflrate, County 
Court or CommifTioncr for JBoflon, unhfs the party complained of, fhall 
legally prove his or her Innoccncy therein, in which cafe, it fhall be in 
the liberty of the Authority as afOiCiaid, to accept the Oath of fuch per- 
fon if tendred to him or them, if they fee caufe: And the Authority 
aforefaid, are hereby impovvred to hear and determine ilich Complaints; 
any Law, Cuflome or Ufags to the Contrary notwithftanding. \_i^^7''} 



i^.i-pso- 3. And no Licer/ed perfon as aforefajd, fhall fufFer any to be Drunk, 

or to Drink Exceffive!/, viz.. above half a pint of Wine for one perfon at 

^"'luT'Sl' k ^ ^'"^^7 °'' ^° continue Tiphng above the fpace of haif an hour, or at un- 

&c. "" feafonable times, or after nine of the Clock ar night, in, or about any of 
their Houfes, on pcr.alty cf five fhilhnys for every fuch offence. 

L.2.p.6. j\x\A if any perfon Licenfed to fell Wineor Beer as aforefaid, fliall conceal 

in his Houfceny perfon that fhal! be foijud Drunken, and fhall not forthwith 

Drunfcarda"'^^' P''"^"^^ ^ Confvable to csrry fuch Drunken perfon before feme Magi- 
flrate or Commifnonerj r,nd in the interim, the faid Vintner or Drawer of 
Beer, ll::'! make flay of fuch perfcns till the Conftablc (hall come, under 
the pcnaity oi fvs pounds, for every default. 

L.I.P.J&. 4- ^"^^ every perfon found Drunken, v/t. fo as he be thereby be- 

reaved Of difabJea in the ufe of his undcritanding, appearing in his fpeech 

or 



Jn-kccp'Srs, 8i 

or gefture, in any of the faid Houfes or elfewhere, fhall forfeit ffw]?);//;;;^?, 

and for cxcelTivc Drinking three Jliilhnfs four fence, and for conlinueing 

above half an hour Tipling ttvc (Jnllni^i fixjicncc, and for TipUng at un- 

feafonablc times, or after nin-; of thc^Qock at night fvc pnlbn^s for every Ti'^i^ng^lhTVe 

Offence in thofc particularsj being lawfully convidl thereof, and for want wHy 

of payment, they fhail be impriibned till they pay, or be fet in tlic Stocks 

one hour or more (in fomc open place) as die Weather will permit not 

exceeding three hours. 

J. And if any penon be found Drunken, by night: or by rb.y>orfhaU I^-^-h^- 
JB his Drunkennefs offer any abufc to the Conflable or others, either by ftii- Drunkard* nbo. 
iing or revising iiiin or them, or uling vvj endeavouro by hinifelf or o- (Yc^,o'tcccm-* 
thcrs to make an efcape, it fhall be in the power of the Conflable to niucd 
commit fuch pcrfon cr perfons to fafe keeping or imprifcnment, or take 
Bond for his appearance, as he fhali fee caufe ^ and the Keepers of each 
Prifoii, upon Warrant from any Magiftrate, or Gommiffiouer, or Select 
men, fhall receive all fuchss fhall be fo committed, and take but ^yf/i'efe^ce 
for hiS feem fuch cafes. 

And the Conftable fhall inform the next Magiftrate thereof, but if no (-oTi.cn'ei be- 
Magiftrate be in Town, he fhall convent fuch perfon or perfons before forefbmt'Mi.g.a. 
one or more of the CommifTioners for ending fmall caufes, and where no s°J^fl^en"*' ° 
Conimiirioiiers are, bf^fore any one or more of the Scieft men of the 
Town, who have power given them fo do as any one Magiftrate may do 
in like cafe; Provided neverthelefs, if any fuch Delinquent (hall confefs 
his fault, and pay his fine and other charges, the Conftable fhall receive it 
and difinifs the offender, and every pcrfon hereby Authorized to receive 
the fines aforefaid, fhall forthwith make return to the Treafurer of the 
County where fuch offence is committed, of what he hath done and re- 
ceived in fuch cafes. 

6. It fhall be lawful notwithftsilding, for all Licenfed perfons to eti- , 
tertain Land-travellerc or Sea-faring men in the night feafon, when they ' "" 
com? on fhore or from thcit journey for their neceOkry refrefhment, or Trjveiers£nt«c- 
when they prepare for their voyage or journey the next day early, ;'(> i^insarara 
ihcie be no diforder among them, and alfo Str?ngers, Lodg-ers or other 

perfons in an orderly v/ay, may continue in fuch Houfes of Common En- 
tertainment during; meal timeSj or upon lawful bufinefs what time their 
occafion fhall require. 

7. Nor (liall any Merc'iant, Cooper, Owner or Keeper of Wines, or other wmc tncrctwnts 
perfons that have them in ther cuftody, fufFer any perfon to drink to Excefs or I'll^^^^Z 
DrunTceniiefs in any of their Wine-feilers, Ships or other VclfeLs, or places heDrunx 
where Wines do lye on pain to forfeit for each perfon fo doing, tenjhiUv.gs. 

Norfhallanypcr(on Licenfed to fell Strong waters, or any private Houfe- A.s4-p-2. 
keeper permit any perfon or perfons to fit Drinking or Tipling Strong-waters, 
y^mt or Strong Beer m their Houfes. And 'f any fuch Seller of Strong^wa- ^'^V'rs ".of't'o 
ters or private Houfekecper, fhall be legally convid^ed before any County Pfmir^^ny fo 
Court, any one ^Wagift^atc or CommifTionerr Court, fuch perfono'fhun for HSufa"^ 
ti'ie firft offence be fined twenty jhiIlin!J, and if the party fo convidted bo ,. . ^ , , 
not able ro pay his hne, he inall be tct in the Stocks, where he fhali ccn 
tinuc one whole hour, and if any fuch Seller of Strong waters fha'! be 
conviited as aforefaid of a fecond Offence of the fame nature, he fh.1l! 
lorfcit his Licenfc, and fliall alio pay twenlv jliilti^^s as a fine 'o (he Sf^coad ofTirje 
Country, and if any private Houfe-ktcper, ftiall be convicfled as afore- ^''' 
faid of a fecond Offence agcmft this La-w, he fhall pay a fine offve^ounds, 

S end 



g2 in- keepers. 

?rid Tor a third offence, ^ucli perlon or perlons being focrrvi^fd, fhnllbe 
gooJbThcviour. bound to their good Behaviour in iv.tm) -r^i'd Bopd, with Jvo fufflcicpr 
Sureiies, or be committed to Pn'ou. 

L i-P- iO. ^- And if any perfon oflend m Dmnkennefs, exceflive or long Dunk- 

ing the fecond time, tliey fhall pay doub'e fines.-. 
Drunk t^? r.. y\nd if they fail into the fame ofFenco the third lime, ihey fhall pay 

doubiTft'e treble the fines, and if the parties be not sble to pay the fines, then he 
that is found Drunk ftiali be punifhed by whipping, to the riumber cf/fw 
ibifdire e y-,^,y^. g^j he that ofTcnds w exceffive or long Drinking, fhall b*e put 
into the Stocks for three hours, when the weather may not hazard his life 
or limbs, 
rourihi'nie i.n. (^^^ \{ they offend the fourth lime, they fball be imptifor\fd until they 
prifoiiccni ^^^ ^^ ^^^ /ufTicient furetics foi their good Behaviour. 

p. And it is further Ordered, That if any perfon that keepeth or here- 
inkeere.'s ""' after fhall keep a common houfe of Fntenainmern, fbali be lawfully con- 
»ictofaihirii viifted the third lime, for any offence aeamfi this Law: he fhali (for the 

offence ,. , ' '. . , . , .is- i 1/ i i ■ i 

iprtce ol three years next eniuemg the laid tonyiclion H>eiln.:ibied tn kec^-* 

jo.fckiheir Li- gj^y fyj,}^ j,^3^,f(. oj Entertainment, or fell Beer, or the like, unlefs the Coin t 
aforefaid, ftiall fee caufe to continue him. 



10 It is further Ordered, that every In-keeper or "Vi(nualler, fliall 

Fro^ifioafor provide for the entertainment of Strangers Horfcs, viz^. one or more )n- 

*^'' " clofures for Summer ; Hay and Provender for Winter, with convenient 

Stable-room and Attendants, under the penalty of imo jlnllints fxpenrefot 

every dayes dclault, and double domoge to the party ilicteby wronged, 

Siicept it be by inevitable accident. 

71. And it is further Ordered by the Author\ty aforefaid; Th;it no 
vi. ri'eis to pay Xaverner , Seller of Wine by Retail Licenfed as aforefaid, fhall take abcvc 
50 *•?" fiiijf pQi(f,({ profit by the Butte or Pipe of Wine, (and propcriionably for 

ol! other Vcflels) towards his w^Ac in drawing and oihcrwife, out of 
which allowance, every fuch Taverner or Vintner, fhall pay fifty jhillmgs 
by the Butte or Pipe, and proportionably for all other Vcflels to the 
Country; for which' they fl'all accuunt with the Treafurcr or hi.s Deputy 
every fix Months and difcharge the fame, all which they may do by fel- 
ling ya-pfi,i.Y a quart in Retail which they fhall no time exceed) more 
then it coft by the Butt : Befidcs the benefit of (Iieir Arc and Myftcry 
vhich they know how to make ufe of. 
To=;.e noiice^ _/^nd every Taverner 01 Vintner fhali give a true account and notice 
lVj^'wine'«^^«y ^"^"^ '^^ Trcafurer or his Deputy, of every Velfel of Wne he buyes from 
buy time to tinie within three dayes, upon pain of forfeiting the fame or the 

value thereof, the one half to the Country, the other half to thcTreafurer 
and Informer. 

And it is Ordered, that the faid Import, fhall from rime to time be paid 

i/i-t^- in Wines at Merchantable price, or other equivolcnt Merchantable good 

pay, to the content of the Treafurer, and that the Treafurer fhall take fpe- 

clal care in colleding the fame; who is hereby irnpowred to fubftirute 

fuch Deputies under him as he (hall fee meet m the Tcver^l Towns for 

f,!i(vter\o his help and furtherance herein; for all which pains and ciie, he Oiall be 

hues.j.ff.-iti- aiiowed two fhi/iiHis in the pound of all fuch Impofts as he fhall hnnr into 

fiis Annua! account with the Country. 

Pcovided alwayesj that if any Vintner; Taveracr or Retailer of Wines. 

ftiall 



h-k^epers. 



8S 



(hall give an account "to the Trcafurer of any part of any Wme sntred as 
abovcfaid, that he hath fold away again by wholefale, being no lefs in 
quantity then a Quarter Cask to one pcrfon at one time, and (hall tiuely 
certifie the perfon who had it, and the time when ■■, fudi perfon or psrfons 
fliall be aliated of their Inipoft, in proportion to what they have fold. 

And all fuch as Retail ftrong Waters, fhall in Yikt manner pzy two pence 
upon every quart to the ufe of the Country, who fliall alfo give notice to 
the Marfhal General of every Cafe and Bottle, or other quantity they buy 
•within three daves, upon pain of forfeiture as before 

12. And it is Ordered; That in all places wh:re Weekday T-eiflures 
are kept, all Taverners, Viduallers and Ordinaries, that are within one 
mile of the Mecting-houfe to which they "belong, fhall from time to time 
clear their Houfes of all perfons able to go to Meeting, during tTie time 
of the exercifc, (except upon extraordinary caufe, for the ntcelTary refre- 
ihing of Strangers unexpededly repairing to them) upon pain of (ivejliil- 
lin£s for every fuch offence, over and befides the penalties incurred by 
this Law for any other difotder. 

13. It is alfo Ordered, That all offences againll this law, may he "7^ & a^jr? ^vl 
heard and determined by any one Magiftrate, who fhall hereby have pc- oiw-nVncfM 
wer by warrant co fend for, and examine parties and wicnefTes concerning ea'^l 'tis Law 
any of thefe offences: and upon due conviction cither by view of thefcid 
Magiflrate, or Affirmation of the Conftablc, and one fuHicient witncfs 

with circumftances concurring, or two witneffes, or confefTionof theparty^ 

to leavy the faid feveral fines, by warrant to the Conftable for thi^t end. Priinq'JcntaTc, 

And if any perfon fhall voluntarily confefs his offence agaiiift this Law ^'"'°"f 
in any the particulars thereof, his Oath fhall be taken in evidence and 
ftaad good againft any other offending at the fame time. 



IVOtCrto give 

roltce ro tiv 
Marfti) withia 
3 Qo^ -s 



CrJinary-kwpct 
to c\fzt tt^rir 
Tio "resin meet* 
ing Une 



ConOiHe lo 
nariEJ 



14. It is further Ordered by the Authority aforefaid , That all Con- 
Hables may, and fliall from time to time, duely make fcarch throughout 
tlic limits of their Towns upon Lords dayes and Lediire dayes in times of 
cxercife, and alfo at all other times fo oft as they fhall fee caufe, for all 
Offences and Offenders againft this Law, in any the particulars thereof. 

And if upon due Information or Complaint, of any of their Inhabitants ^""^^^^ *"* '^ 
or othercredible perfons, whither Taverncr, Vicfiualler, Tabler or other, 
they fhall refufe or negleft to make fearch as aforefaid, or fhall not to 
their power perform all other things belonging to their place and ofHceof 
Conftable, then upon complaint and due proof before any oneMagiffrate, 
within three Months of fuch refufal or negleO, they fhall be fined for 
every fuch offence ten jhiHinjs, to be leavied by the Marfhal as in other '''''"' ">•* 
cafes by Wiirrant from fuch Magiflrate before whonri they are Couvidled 
or Warrant from the Treafurer upon notice from luch Magiftrate; 

ly. yitij beeai'.fe it is diffcu.lt to Order and k?^p the Haunts for }ub- A.jJ-^.si, 
lick^EnteffahifTHint m conformity to the wholfotne Laws cjiahitjlied, as is ne- 
tfjfary for pevcntmg 'Drunkennefiy cxcejfive Drinlzing, vain Expences 1) 
money, Ttmv, and the abuft of the ^ood Creatuns of ^od\ 

It is therefore Ordered by this Court and the Aulhority thereof, That ^.''^'^J.Jfr'u^ 
tio perfon or perfons herecfter fhall be Liccnfed to keep a Ho'ife cenCe^eaJiy 
of Common enteitainment for any longer then one yc^r at one rime, and 
thn fuch as keep Houfes of publickentertainment, f the pref'.'nt Vifitnecs 
during their contrdcl excepted} fhall and hereby are eajoyned citce every 

3 2 V«ar 



84 Iti-keepers. 



year, to repair to the fevcral County C6urts for rcniewirg their fevcraj 
licenfes ( tor \^jhich they fnall pay two Jhi/linis fx pence to the Clerk of 
the Court) or clfe they fhall forfeit fvc pounds as unlicenfcd Ale-houfe 
keepers. [_ / <$>,-/, ^'^j 47, 4S, / /, j^. s7, sS. 



UFotJ ccmpJcJnt of the ^rcat alufts that are daily ccmmitted by the 'J{j' 
taikrs of Stran^ivattrs, Rhum^ &c. both by the Stillers thereof, and 
fuch as have it from fcrrai^ne parts ; 
R°,"n***i.Vquo°s This Court do therefore Order, that henceforth no perfon or perfons 
vfhboot Licenfs {hall prafflife the Craft of Stiiiirg Streng waters, nor fhall fell or Re- 
tail any, by Icfs quantities then a Qiiprter Cask, and the feme to be de- 
livered not at feveral times or in feveral paiceis, but at onetime, without 
Covin or Fraud, excepting only fuch as f>iall be allowed Annually by the 
Count/ Courts refpediveiy, on penalty of fire pounds forfeitute for every 
time that any perfon or perfons fhall be legally convidted thereof; any 
Law, llfage or Cuftomc, or foimer Licenfes to the contrary notwith- 
Randing. 

Provided alwayes, this Law fhall iiot prohibit fuch Merchants as have 
Strong-liquors from forreignc parts in Cafes, from fellirg the fame by the 
whole Cafe, either to (uch as are going to Sea, or to Mailers ol Families 
of good report. [_i66i.^ 



THis Court heing fcr.fihle of the prat irierf^je of prcphanefs among at 
especially among the younger fort, t^kl^^S, '^^^"^ "I'^'tKW'J op meeting to- 
£ether in places cfpuhltf\ Entertainment, to corrupt one another by their uru- 
civil and wanton carriage, ludely fngir.g and making a ncife, to the difiuf' 
hancc of the Family and other Guejls if any be in the Houfe; 

Penalty For rujc Thjs Ccurt do therefore Otder and hereby EnsO, That no perfon cr 
ringing in Ts- perfcns whatfocvcr, do prefume either in Word oi Deed to carry it un- 
civilly, ci wantonly, finging luddy, or making a noife to the difturbance 
of the icraily, or any other Guefts in any place of Public k Entertainment, 
on penalty of paying f^e f)!!lings for every cffcnce agsinft this Law, be- 
ing therefore legally Convi^ed before any Court, Magiflraie or Com- 
mii^ioncr ; 

And whi.;^ fundry perfons arc in the fsme company, w^here any fuch 
rudv' and uiicivil carriages arc aflcd, and the particular perfon or perfcns 
unknown, every of the faid perfcns fhall be liable to the like penalty, un- 
lel's they ec.a atteft their innocency, and do freely give in their leflimonya- 
gainfl the noccnt. 

A>.d if any pcifon allowed to keep a noufc of publick Entertamment- 
fhall luffer fuch carriages by any perfon or perfons, and not legally pro- 
fecutc the fsme before Authority, en' legal convi<!^ion thereof, before the 
County Court of whom they had their Liccnfe, they fhall be debarred of 
any furJicr renewal thereof. [| t6ii'f.2 



S an <i^ddit;cn to the LfiW, tit. In-keeperS; 

it is Ordered by this Court and the Authority thereof. That where 
sny perfon or perfor.s whatfcever, fliall prcfume to keep an Ffoufc of 

p.;bjick 



In-keepen. ludgements. 85 



pubhck Entertainment, Ordinary, Cooks (hop, or (hall by Retail lell Wine, 
Strong Bf£r, Liquors or Cyder, without Liceiife firft had and orderly ob- 
tained, or having had Licenfc, and not renewed as the Law requirech,or 
being difcharged for any mifdemeanour cominitted, or futHered to be done 
in their Homes, or m or about the lame: It (hall be lawful for any Court 
or Magiftrate, on complaint made to them of fuch Mifdemeanour, to end 
for fuch perfon or perfons before them, and being legally convi(fled of 
any the abovefaid offences, befidr s the penalty, to require Bond, with (iif- 
ficient Sureties for the good Abbearance of fuch perfon or perfons, and in 
ipecial for their obfervance of the faid Law : And in ca e of Refufal to 
give fuch Bond with Sureties as is required; the Court or Magiflraie 
that hath cognizance of fuch Complaint, (hall commit fuch perfon or per- 
fons conviOed as abovefaid to Pnfon, until the next Court of that Couu- 
ty. [_i66s'\ 



WHereas this Court hath made fcveral Laws md Orders for the pre- 
ventioK of the fn of Drunkennefs , and nuffendtng pyecious Time, 
and IJlatc \, and yet notwithfl anding greut complaint ts made of [ever al per- 
fonj [pending their Time and EJlate by Drinking and Ttplmg tr Taverns 
and yile-houfeSj to the great dtjhonour of Cj'jd^ and prejudice vf their Fami- 
lies j fur the prevention whereof,, 

It is Ordered by this Court and the Authority thereof, That the Seiecfl ^^r rrevtniun 
men of each Town ihall be, and are hereby required and impowred to or'OtuaiseDnifc 
rake fpecial care and notice of all and every perfon and perfons tran grcf- 
fing as abovefaid, and thereupon to require him or them to forl)ear the 
frequenting of fuch Houfes or Taverns : and if any perfon fhall after fucti 
warning given him, be found in any fuch Houfe of Entertainment, and be 
legally conviifted thereof, before any one Magiftrate or Commilfioner, he 
fhall forfeit fve jhi/ltngs, to be paid, to the Treafurer of that Town for 
every fuch Offence, or fit in Stocks as the Judges fhall fee meet. 

And it is further Ordered, That the Selcd men fhall alfo give notice to 
the keepers of fuch Publick Houfes, that they fuffcr no fuch noted penon 
in any of their Houfes, upon the penalty of twenty (Inlimgs for every fuch 
. defccft, CO be paid to the Treafure: as aforefaid. £ /(J 70. J 



ludgemcnts and Exccutms^ 



W Herds tocre. is a great abufc in felling c/ Judgemnts and Execu- 
ihns, and fo altering the property of them before' they be fatisfied: or 
Coeds fiz.ed^ vfhercby great tnLcnvtnicme mj,y anfe, as experw.ce hath 
(ruvedy- 



A.'XA-' 



This Co'jrt doth therefore Order, That after the cnn of rhis Scl^mn ^ ^ 
•pcrfcn fhail fell, Alienate or Afl'igne any Judgement or txecution whatiocir ^--'-' '-' 
and ]f any Ihall prefumc to Acl contrary to this Order, his Sale, Alfanmu^t'"^'^"''' 
or AhcnaL.on (hail be voidm Law,aiid m cafe the pai ty d;c dfter the Jud^c 



:meut 
before 



86 



iV.riri. 



^Urhs, 



hzTc'z he hdm tahcn ci'^ CD Euecu'loH, or before ratlsfqflScn be received. 
Ills E::ecutc" cr Iiic /.clabinTaiOr fiia!! ioke oi!E=or reniew the Execution; 
23 the paTcy.tlccsarsd migl-; IXiVe dcas, 



fVRORS. JVRIES. 



lerKtoprai^ 



}T is Ordered by tliis Court and the Authority thereof j that the Secretary 
or Clerk of every Court, fhall in convenient time befofe rtic fitting of 
the Court, fend Warrants to (he ConftabJcs of the fs^verrJ Towns of the 
Jurifdiffiion of that Court, for jurymen proportionable to thejnhsbitants 
of each Town : And ths Conftsble upon the receipt of fiich Warrant, 
fl)a!l give timely notice tc the Free men of their refpeiii^^c Towns, to 
chufc fo many abie, difcicet men as the Warrant ihaJI require, which 
ccnthbi^jto re-^ nicn fo chofen, he fuall V/cUr, to attend the Court whereto they are ap- 
pointed, and fhall make retuirf of the Warrant unto the Clerk afore^ 
faid. 

TheiJke Order fhall be obferved in the choice and fumtnoningjuries to 
aLttnd fpecia! Courts : 

At which Courts every Jury-man fhall be allowed four fiiiSfrigs per ditm 
for their charges, and to be paid Ly him upon whofe motion ihc Court 
vas granted. 

X.r. p.ji. And all Juries fervingatthe Courtof AlTiftantsat Bofton, fhall be Sum- 

jurs 10 finii" 5c- rnoned refpeOively om of the Counties of Sii,jfh]k^ and M:ddkfex: And 

cord, l^ Eviaor). all JuTors fo cliofen, fliall be Imparac'icd and fwom trusly, ta try b:- 

tween party and pai'iv, and fhall f.nde the matter of fa^rtwiin thedama^cj 

«h to after- ^^-^ cofts, according t& their evidsnce, and the Judges ftiall declare tli^ 

-''e rqjUer of Scntcnce, or dired the Jury to finds according to Law ; and if there be 

•matter of apparent equity, as the forfgifiire of an Obligation, breach of 

Covenant without dainagc, or the like, the Bench fhaii determine fuch 

n)atter? of cquiry. 

And no trysl fliall pafs upon any man for life or Banifhment in anyin- 
feriour Co'Jit, but by a fpecial Jury Summoned for that purpofe. 



\,-3rrant foe 
rors 

chotenbyfto 

Frtcmen 



Courts ^Mowcd 



mm 



2. It is alfo Ordered, that there fhall be Grand juries Summoned 
ill like mnnner every year unto the f^vei-al Courts in eaeh juriTdicftion, to 
prefer;': r;'l mifocmer.norr: they fhall know or hear, to be conimitted by 
ariy prrfon v^ilhin xh~ Jurifdidtion, and to do any other fervice of the 
Common wealth, they thai! be required by the faid Court. 
Provided no jiiroj, nor any perfon whatfoever fhall be bound to inform, 
bo'iTrjd "o*rcvMi P'^'^E'nt or reveal any private Crime or Offence, w)Terein there is no peri) 
or danger to t\]iz Colony, or any Member the/eof, when any necclTaiy 
tyeof Confcience binds him to fecrcfie, unlefsit be in Tcllimonies lav^fully 
required. 

And every Grind-juror flia!! be alleged three jhi^np fsf diem for his 
charges, out of the fees and other profits arifmg in each Court where they 
do fervice, or by the County if thofe in-comes fall (hort. 



Crai(JJurii9 



jurc>5 oHoW- 



m 



furors. Jiirics. j- 

3. In all cafes wherein the law is obrcurc, To as the jury cannot be 
fatisfied therein, whether ir kc Grand or Petty Jury, they have liber- -^ J'-P-^J. 
ty to prefent a fpecial Verdiftj'nz.. If the law be fo 111 fuch a point we jur;«iibfrij,(o 
finde for the Plairitiffe, but if the Law be otherwife we finde for the De- e;>"j>^p«iai 
fcndant, in which cafe the determination doth properly belong to the 
Court. 

And all Jurors (hall have liberty in matter of Fadl, if they cannot finde 
the mam ilTue, yet to finde and prcfcnt in their Vcrdii\ fo much as they 
can. 



Vcrditt 



Coart and Jury 



4. And if the Court and Jury iTial! fo differ at any time about their ^ „ ,„. , 

-,,V-.» .1 ,., wv 3.1 -. Coart and Jury 

Verdict, that either ot, them cannot proceed with peace of Confcience, »)otopr.fd, raf, 
the cafe fhall be iJTued and determined at the next Court of AfT.ftants, in Z't^\col^,t^^' 
•manner following, (i.e.) the Attachment with the Security for appearance 
at the County Court, fhall be continued to the Court of Affiftants: and j4.j6.P 14. 
if the Plaintiffe fhall fee caiife further to profecute his A<nion, he liall 
give fummons to the Defendant as the Law provideth , andfha.ll alfotake 
out of the Records of the County Court the Records of the faid cafe 
with the Evidences prefented by both parties, and bring the fame to the 
Court of AfTiftantc, where after the cafe is prefented, as ir was at the 
County Court, both partiesfhallhaveliberty tomakeany new Pleaa or Evi- 
dence before the Bench and Jury : and in cafe the Plaintiffe fhall not fur- 
tner profecute his Afticn in manner as is hereby provided, the Defen- 
dant fhall then have Judgement granted him for his cofts, at the next Coutt 
of that County. 

5. It is further Ordered, Thai wlienfoever any Jury or Jurors are not r , * . 
clear in their Judgements or Confcience, concerning any cafe wherein they ' '^'^ 
ant to give their VerdicH., they fliall have liberty in open Court (but not wiejiibcnyfo 
otherwife) to advife with any man they fhall think fit to refolve or di- iak?i<)''''«''' 
te{{ them, before they give in their Vcrdift, open.ccu>c 

And no Juror fhall be compelled to ferve above one ordinary Court in ,„,ors to feive 
a year, except Grand jurors, who fhall hold two Courts together at the buiajrearexccpf 
leaft, and fuch as fhall be fummoned to ferve in cafes of life and death, 
or Banifhment. C '^i'f)4'j*-^j4;?,/c,//,/i,j-^:/7-] 

6. whereat in Suits and ^{lions hrou^ht into Courts between party 
and pt^rtj, fometimes the PlainUffe and fifnetimes the Defendant^ and Some- 
times tietthcr of them do attend to answer when they arc called to Profecute 
or yinfwer, which hath been too lon£ connived at by the Magiflrates, and 
muioh time lofi i» fending to feek^tbem out, or watt their comem^ <«, wlereb^i 
the Country charges enereafed, and the Mapflrates^ furors^ Witreffes ana 
others abufed, contrary to the Laudable, T{jafcnahle Pra{life aid Cuflomes 
of all Courts in our Native Country, and other Countries l^own unfo us j 

It is therefore hereby Ordered and Ena(f\ed, That if any Plaintiffe, He 
or Shee have entred anyAiHionto be trycd in any Court, or whichcomes 
orderly into any Court, by Replevin, Appeal, or by the difagreement be- 
tween the Magiftrates and Jury in an Inferiour Court, and do not by him 
or her felf, or by their Attomies make their appearance and profecute p|3;„,;naqaDe. 
thoir Aftion immediately after they "have been three times called in the fcndani'pcn^n.y 
Court by Name, after the firft forenoon of the Court, that then thty fhall [°^;;°|,p^'''' ^' 
be Non-fuited; and if Plaintiffe or Defendant appear upon fuch call, they 
(hall have their cofls granted by the Court a^iinft him or her that doth 

T i not 



S8 



Tiaimiffslibtrly 
to rralfe "fw en. 
tTj in cai« 

Delinq. ptnsify 
jornotanrwer- 
Ingwben calld 



Lands. Leather. 



rot appear; and if aftCi wards both parties cio agree to try their cafo 
at the fame Court, they fiiall be cllcv/ed (o to do, the Plaintifle paying 
half fo much for a new Entry as be did before. 

And if any pcrfon prcfcnted by the Grand-jary for any offence, or 
Summoned by a Magiftrate to anfwer any crime, do not upon Summons 
appear at the time appointed, upon ihe third call as aforefaid, HeorShee 
Ihall be proceeded againft for contempt, except lie or Shee be reftramcd 
or prevented by rfie Hand of God. 



Lands, free Lands. 



JT is alio Ordered, and by this Court Declared, That all our Lands 
and Heritages fhall be free from all Fines and Liccnfes, upon Aliena- 
tions, and from all Hariots, Wardfhips, Liveries, Primerfeizins, year, 
day and wafte, Efcheats and forfeitures upon the Death of Parents 
or Anceftors, natural , unnatural , cafual or judicial and that for ever. 



LEATHER, 



TH'is Ccv.Yt coyifidering the fevcral Deceits ahd^hufes which in other 
plates have beert^ and are ccmmordy praffifed by the Tanners, Curriers, 
and workers of Leather^ as alfo the abufes and inconveniences ii;htch accrue 
to the ftvcral Afembers of this Common-vealth, by Leather not jufjlciently 
Tanned and Wrought, which is occafoned by the negli^eice and unskil- 
fulnefs of ihofe feveral Trades-men, which before, in and after, it is in 
the hand of the Tanner mnj be much bettered or impaired j for prevention 
whereof; 
Baffhfrs, curri- It is Ordcrcd by this Court and the Authority thereof; That no per- 

ci5iti;ynot Tin {pj, uHng cr Occupying the Feat and Myftery of a Butcher, Currier or 
Shoomaktfr by himfelf or any other, fnall ufe or exercife the Feat or My- 
ftery of a Tai^ncr, on pain of the forfeiture of yZx pnllinis ei£ht pence for 
every Hide or Skin by him or them fo Tanned, whileft he or they Ihali 
ufe cr occupy any of the Myfteries aforefaid. 

Kor fhall any Tanner durirg his ufing the faid Trade of Tanning, ufc 
cr occupy the Feat or Myftery of either Butcher, Currier^ or Shoonta,kS^i 
by himfclt or any other, upon pain of the like forfeiture, 

Vor 



J^eather. ijf 

Nor fiiall any Butcher by himrdf or any other perfon, Gafh or Cut any ojOt'inscfViej 
hide of Oxe, Bull, Sreer.or Cow, in fleaing thereof, orother-wife^wTiereby the (""'f''' " ^ 
feme fhnll be impaired or hurt, on pain.o/ forfeiting twehe '(ettce for any 
fiicli Gad), or Cut in any Hide or Skin. 

Mor iTiall any perfon or pcrfons hencefofth. Bargain, Bay, make any ^^^^ Tniicrt 
Contract, or belpeak any rou^h Hide of Oxe, Bull, Steer or Cow, Jh the iii«y>«y«w 
Hair, but only fucli pcrfons as have and do ufe and exercife the Art of 
Tanning. 

2. Nor fliall any perfon or perfons, ufingorwhiclifliaMufetheMyftery (.{.gthtr not i? 
or faculty of Tanning ar any time or times hereafter, otfr r to put to falc \^(^^"^^\f °' 
any kindc of Lcachcj, which fhail be infiifficicntly or not throughly Tan- Taioei 
ned, or v/hich hath been over limed, or burnt m the limes, or which fhall 
no: have been after the Tanning thereof, well and throughly drye3, lipon. 
pain of forfeiting that whole Hide, half Hi8e, or other piece of Leather, . 

wherein one fxttenlh fart fhall be found by the Searcher Or Sealer of ^^^^ ^' 
J.cathcr (lawfully appointed) to be cither over limed or infuffieienfly Tan- 
ned, or pot throughly dried as aforefaid. 

Nor Ihall any pcffon ufing the Myftery of Tanning as aforefaid, fet 
any of their Fats in Tan hills, or other places where the Woozes Or Lea- 
ther pur to Tanne in the fame, (hall or may take any unkinde heats, r.or 
fhall put any Leather into any hot or warm Woozes whatfoever, on pain 
of imni-^ founds for, every fuch offence. 

5. Kor (ha'.l any perfon or perfons, ufing or occupying the Myflery cmfmiMg 
or faculty of Curry iag, Curry any liinde of Leather, except it be well 
and throughly Tanned; nor fhall Curry any Hide being not throughly 
dried after his wet feafon, in which wet feafon, he fhall not ufe any flale, 
urine, or any other deceitful or fubtilc mixture, thing, way or moans, to 
corrupt or huit the fame; nor (hall Curry any Leather meet for 
outer fole Leather with any other then gooil hard Tallow, nor with any 
lefs of that then the Leather will receive; nor fhall Curry any kinde o£ 
Leather meet for upper Leather and inward Soles, but wiLh good and fuf- 
ficient (luffe, being frefh, and not fait, ai.d throughly liquored, till it will 
receive no more; nor (hall burn or feald any Hide or Leather intheCur- 
rv'ing, but fhs!! vyork the fame fufnciently in all points and refpeifls, on 
pain of forfeit'jie for every fi;ch offence, or aft done contrary to the true 
meaning of this Order, the full value of every fuch Hide marred by his evil pgt^aUi. 
\'>''orkman(hipor Handling, which (hall be judged by two or more fufhcienh 
andhoneilek'lful perfons, Curriers or otherc on their Oath given to them 
for thatendjby any Magiftrate. 

¥, And every Toum where need is or (hall be, (hall chufe one or two tJ5^[tiTe''rw''wn 
pcrfonfi of the rnoft honjeft and skiWul within theur fevcral Town fhipe,and 
prefent them unto the County Ccurt, or one Magiftrate, who fhall ap- 
point and fvtrear the faid perfone, by their difcretioo, to make fearch and 
vtew •within the precinfts of their Jimits, in any Hoofe, Shap or Ware-, jt. jt.Jf. ^. 
Ijijufi?- where they conceive fuch Leather may be, uhether wrought icito 
ShouSj tnots, or otherwife, as oft as they fhall thsnk meet and need fhall 
be, vh:^ fl.a)) bave a Mark or Seal prepared "by each Town for that pur- 
pafg; and the faid Searchers, or cv-e of them fhcU keep the farr-, nnd 
therewith fha!' Seal fuch Leather as thf^y (hall finde fuHicieritinalLerpcds 
fl-iwi no other. And if the (zid Sc>^rchere, or any of them, fhatl finde tny Lealhec 
izlimof^o^itobe^old^hjcwhtGi offv-f'-J to hcS<;ZT^}viC cc,5@aUd, which 

U (mil 



90 Liberies. 



To.'eize nil Je- ^^" ^^ Tanned, Wfo-oght, Converted or Ufcd contrary to the true intent 

fcfl'ivo Leather, and jTicaning of this Orde&: 

It {hall be lawful for the faid SearctierS cr any of them to feitc cM 
fuch Leafhep and to retain the fstne in theii' cuftody, and if the ownc? 
ftiall not fubmit to the Judgement of the Officer or OfSccrs, the faid Ofii- 
cer fo I'e7ing chc fame, (hall within three dayee, call to him four or ft;: 
men, honeft and skilful in fudj ware to view the fame m ihe prefcnce of 
the party (or without him having notice thereof) who fha'.l certifie upon 
theii- Oaths unto the nc:it Councy Court of that Shire, or unto one otthe 
Magifl rates the defe^ of the laid Leather. 

Searching ic3- The like power fhalj the faid Searchers have, to fearch all Leather 

ih^r maac info wrought into Shoos or Boots, as alfo to fcize all fuch as they finde to bs 
5hooj& Boole ^^^^ ^£ irj'uirident leather, or not well and fjfficicntly wrought up: 
swchtra dc- And if any Searcher or Sealer of Leather, fliall refufe with convenient 
fa.jii fpecd, -to feai nny Leather fufficicntiy Tanned, Wrought and Ufed accor- 

ding to the true incaning of this Order, or fhall Seal that which (hall "ba 
'"^'^^ ^ infiifScient, then every fuch Searcher and Sealer of Leather, (ball forfeil: 

for every fiich offence, the full value of fo much as (hall be infuffici- 
er.tly Tanned. 

And the Fees for Searching and Sealing of Leather, fhall be one penny a 
FeeS'x Uiue-for any parcel lefs then /re, and for al! other parcels, after the rate 

of fx fence a 'Dick/tr, which the Tenner (hall pay upon the Sealing of the 
faid Leather from time to time. 

5. Leftly, It is Ordered by the Authority aforefaid, That the feve.-al 
fines ana forfeitures in this Order mentioned, fhall he equally divided 
into three parts anddiftribnted, as, m- one third pari to the common Trea- 
fury of the Shire wherein the offence is committed, another third, part to' 
the common Treafury of the Town fhip where the oficndcr inhabiteth, 
and the other third part to the Seizcr or Seizcrs of fuch Leather, Shoos, 
or Boots as is infufficiently Tanned, Curried, or Wrought from time to 
time. [_ 1642, ji."] 



Litertks Ccrfimori* 



iibfrfy li pub- TT is Ordered, by this Court Decreed and Declared; That every man 
iic\Afi<njblia'' 1 whether Inhabitant or Forrcigncr, free or net free, fhall have liberty to 
coinc to any pul)!ick Court, Council or Town meeting, and either by 
fpeeeh cr vriting, to move any lawful, fcafonable cr material Qucftiony 
or to prefent any ncceffary Motion, Complaint, Petition, Bill or Informa- 
tion, whereof that Meeting hath proper cognizance, fo it be done in coii- 
vcniear time, due Order and refpe^ive Manner, [ i64i,~\ 

2 Every Iqhabitj.nt who is an Houfc holder, fhall have free Fifhmg 
fo'Xl"'' 3'-^ Fowl. eg in any grwt Fonds, Bayes, Coves and Rivers, fo far as the 

Sea, 



Ly\ng. 91 

6ea Ebbcs and Flows vt'ithip. rhc precin([>s of the Town whtre they 3'A'ell 
unlefs ihe Freemen of the fame Town or the General Court have other- 
wife appropriated rhem: 

Provided, that no Town fliall appropDate to any particular pcrfon or 
pcifons, any great Pond, containing more then ten Accfs of Land, and 
that no man fhall come upon anolhcrs propriety 'Without their leave, 
otherwne then as hereafter exprefled. 
Th( vehich clearly to determine f 

It is Declared, That in all Creeks, Coves and other places about and 
upon Saltwater, where the Sea Ebbs and Flows, the Proprietor, or the 
Land adjoyning, fhall have Propriety to the Low-water marie, v/lierc the 
Se2 doth not Ebbe above a hundred Huds, and not more wherefoever it 
Ebbs further, 

Provjded that fach Proprietor, fhall not by this liberty have power to 
ftop or hinder the paffage of Boats or ether VeiTels, in or through any 
Sea, Creeks or Coves, to other mens Houfes or Lands. 

And for great Ponds lying m Common, though within the Bounds of Libf'y <« pifs 
lome Town, it fhall be free for any man to fifh and fowie there, and may |Y/^J,|f'fc;^'i 
pafs and repafs on foot through any mans propriety for that end, fo they * 
trefpafs not upon any mans Corn or Meadov/. [ 1641^4-/ 3 

3. Every man of, or within this Jurifdidlion, fliall have free liberty '-'''^7^*f„J"'ihe 
( notwitbftanding any Civil Power) to remove both himfelf and hisFami- j°,7fl.a'cn 
ly, at their plcafure out of the fame. Provided there be no legal impe- "' 
diment to the contrary. [ /^^/. ] 



L Y 1 N a. 



WHereas Truth in Words, as ws!l as in JBicr.s is required of allmfyt, 
ejpeeially of Chrifitans, xvho are the frofsf^ed Servants cf ihe Cod vf 
I'rulh; ^nd whereas all Lyirjg is contrary to Truth, and fame fmt of Lies 
are not ort^j fmful (as all Lyes are) but alfo pernicious to the ^ubli:k.tVealj 
and injuncus to particular prfons ; 

It is therefore Ordered by this Court and Authority thereof. That ftjt,„ra;rc.c. 
every perfon of the age, of difcretion ( v/hich is accounted fourteen lion 11 j"'- 
years ) who fliall wittingly and willingly make, or pubhfn any Lye, which 
may be pernicious to the Publick Weal, or tending to the dai-age or in- 
jury of any particular perfon, or with intirnt to deceive and abufc the 
People v/ith falfc Hews 3rd Report:, and the fame duely proved in any 
Court, or before any one M^g''^!'^^^ (who hath hereby -power granted to 
hear and determine 2II ctTences a^-inft this Law) fuch perfon fhall be (;,iicft>nrtio,s( 
fined for the firft offence ten p,iliuios, or if the party be unable to pay t)ie orftock. 
fatue, then to be fet in the Gtrcks, fo long as the faid Court or Magi- 
ftrate flii!I appoint in feme open place, rot exceeding two hours. 

For the feconJ otTcncc in that kinde, whereof any fhall be legally con- ,^^^^3 ,.ii,,ncB 
vifked, fhall pay the fum o{ twmty J)nllm^r ox be whipped upoiUhe naked jo.j.ct wMpk 
Body, not exceeding ten Jtri^es. 

U % Ani 



^2, Ca an- f audita . 



Third o/Tcnce And for the ihird offence /cf; fhill'wffs, or if the party be unable to pay, 

then to be whipped witli more firipes, not exceeding fifteen. 
Fowth offence ^^^ ^^ ^^,. ^^^^ j^^jj ^^^^^ .^^ j^j^^ j.^^^^^ ^^^ -^^ -,^^^1,^ j.j,„^,i^j^ 

thereof, ftic}) perfon Male or Female, fhall be fined ten fhillings a tune 
inorc then formerly, or if ihc party To oflendsng l)c unable to pav, tWn 
to be whipt -with five or fix more ftripes tlien formerly, not exceeding 
forij at any time. 

The aforefaid fines fhall be leavied, or fltipes infli<fi;ed eitlKr by the 
' Marfhal of that Jurifdi(flion, or Conftable of the Town where the offence 
■ is committed, according as the Court or Magiftrate fball dire(f^. 

And fucli fines To leavied fhall be paid to the Treafury of the Shire where 
the ca'jfc is tryed. 
Liberty lo Ap- y\nd if any perfon fhall findc himfelf grieved with the Sentence of any 
'' fuch MagiArate out of Court, he may Appeal to the next Court of ths 

ifcaafsiers fr.mc Shirc, giving fiifFicicnt fecuiily to profecute his Appeal, and abide 
doabiylineiJ the Order of the Court, and if the faid Court fhall judge his Appeal caufe- 
Icfs, he fliall be double fined, and pay the charg,es of tlie Court during 
his Aiftion, or corre(fied by whippnig as aforefaid, not exceeding /tr/y 
firifes-, and pay the cofts of the Court, and party complaining or inform- 
ing, and of the Witnefl'es in the cafe. 

And for all fuch as being under age of difcretion, that fhall offend in 
UflJer agf to lie ^y'^g Contrary to this Order, their Parents or Matters fhall give them 
cofffflcdby Juc correction, and that in the prefence of fome Officer, if any Magi- 
flrate fhall fo appoint; Provided alwayes, that no perfon fhall hs barred 
of his juft a<nicn of (lander, or othctwife, by any proceeding upon this Or- 
der. ii64J-'2 



^f A N-S L AV G HT E !{^ 



A man may lilH 



. T.- -J. T"^ 's Ordered by this Court snd the Authority thereof: That if any per. 

fence J- ion m the juft and neceftary defence of his life, or the lilcof any other, 

fhall kill any perfon attempting to }\ob or Murtber in the Field or Highj 
way, or to break into any dv/elling houfe, if he conceive he cannot widi 
fafecy of his own perfon otherwifc take the Felon or AfTailanty or biicg 
him to Tryal, he fhall be holden biainelefs. [ 1647.'} 



/KaritJ/ne. 



Maritime affaires 93 



MARITIME 

AFFAIRES. 



WHcreas through the "Bleffmg of God upon this furifdi{}i^n, the 
Navagation and Martttme Affatrei thereof^ is grcwn to be a 
coHpderable Interefi^ the well manaiement whereof^ ts of grcAt 
concernment to the publick IVeal;. for the better Ordering the 
fame fur the future, and thut there ma) be known Laws and Rules for all 
forts of perfons imployed tberetHj according to their fever al p nitons and ca- 
pacUies, and that there may be one Rule for the guidance </ all Courts tn 
thiir proceedin^iy i/i di^nbutive Jufiice ; 

This Court doth Order and be it Ordered by the Authority 
thereof i 



SEcr. 1. 



That whereas there is many times differences between Owners of 
Ships, Ketches, Barques and other Veffcis, in fetting forth their feveral "mXco"' 
parts, whereby damage doth accrue to the particular concernment of ^«'' ^y ihc me. 
Owners, and if not prevented, may be a great obftrud^ion of Tradc,w)iei e ""^ *" 
there are feveral Owners concerned, as Owners m Ship, Ketch, Barque 
or other Veflel whatfoevcr, ufcd for Traffick, Commerce, Fifhing, Logge, 
Board, Wood or Stone, Carriage upon Salt or Frefh water, all fuch 
Owners of leJTer part, (hall be concluded for the fetting forth of his part, 
by the major part of the whole concerned, fuch Owners fo concluded, ha- 
ving notice given them of the meeting for fuch condufion, if they be nigh 
handi and in cafe of any Owner refufing, or by reafon cf negleft or ab- 
fence, or not able to provide for the fetting forth his part, the Mafter of 
fuch Ship or Veflel may take up upon the Bottome, for the fetting forth 
of the faid part, the which being defrayed, the remainder of the inccme 
of fuch part to be paid by the Mafter to the faid Owner. 



SECT. II. 



And in cafe of Fraightment, where any OvTner fhall refufe to afTent o«nen ^fv-s-? 
to the letting out of Ship or Veffel, where he is interefied, fUch diffenter p^jJ^tom^c' 
Ihall manifeft it by fome publick a(fl of proteft, before the figriing of char- pu^iifk pf«««Jt. 
ter party, except the MaAer or the reil of the Ownere, or both, conceal *''^' 
from him or rhem their acftings, then his or their proteU after chartet party 
figncd by themfclves or agents, fhallbe taken for legal diflcnt, yet not to 
hinder the proceed of the Ship or Veffel, "but that thofe fo fending lier fof^h 

X fhall 



94- Maritime t^f aires. 

(hall be liable to refpcnd his part upon cnfurance according to the Cu- 
ftome of Merchants, which enfurance is to be defalked out of that part of 
hire, due for fuch owners which diffented. 



SECT. III. 



Where.is Maften of Ships or other Fejfels, have theit Ovrnen live prt 
in Cm Country and part m amtkry whereby they harz in ihemfilves not nnty 
oportumty ; and fame have made ufe thereof in then own ^crjons^ to rep-efent 
the major part of the Owners in the place where he comes ^ 

twaa^ri to )f6ve '^ '^ therefore Ordered, iiiaf fuch Mafter fhail nor be iakcn to have 
t..t n.iiiic voty. Vote in the ordcrmg of fuch Veffel further then his own iliiterdi:, exeepfc 
he make it Qpptrar to the ie{\: of the Owners, where he is, that he is Au- 
thorized under the hands of fuch Ownerb abfent, and t!:en he is to have 
\otes according fo the proportion of parts he fo flands for, and the ma- 
jority of parts are to carry it as before; neverthefefs- it is to be-iroder- 
ftood, that any Owner hath power to make fale of his part, eiiiier to the 
reft of the Owners, or others, as may be moft to bis own advantage, and 
»f any Mafler fhail prefiime to ad contrary bercunto, what damage /hail 
be fudained by the re.l of the Owners, the Mafler ftiall be liabSe to malcc 
good, it being duely proved againil hiin. 



SECT. IV. 



All Makers taking charge, as Mafters of Ships or o^her VfitTrts, and 

nor being CufTKienr to difchargc his place, or that through nf.gSigeooe, 

r'i.,l;y cf Mj. or othetwifc, fhail iinbezcl the Owners or Imployers Stock, or time, or 

n.-/7'n.MMitcnl '■^'i' ^'" '^'^"'''' '"5 '"f" fo neglcd their due attendance on board, both 

d^aceo^bo^rd by day and mght, efpecially when or whileft Merchants Goods are on 

board, and that Hmifelf or Mate be not en board every night, to fee 

good Ordm kept, upon dcfecft thcrcii], fuch Mafter fhail he liable topwy 

the damage that fhail accrue by luch negle(^t, it being dueiy proved a- 

gainfl him. 



SECt, V. 



For the Mailers better fecuring their n\en to them, and to prevent all 

M.iVreto .T,A!<e Coven, they fhaH m^ike ciiar agreements wuh their Marriners, and Ofli- 
m.'it'w'V^cr ^^'^ .'"^' ''^'^"' '•'"'^^"■i 3"^ '^°^^ agreements enter into a Book, and take 
men *' " fhe fevCKil fYiens hands thereto, a copy whereof the iVfxfter as a Portligc 
Bill fhrt:i leave with their Owners if required of them, before their fctting 
faile upon the Voyqgc, end ali fuoh agreements, the Maftcr fh,i!l make 
^oort to the Seamen, and (uch Ship or Vefl'el as they failc m, n-iail be 
liable for to niake good the fame. 



Montm i^ffcim. 5^5 



SECT. VI, 



All Makers cf grceter or Icf-ev VelTc^r, n^r^!! m?.ke due ana meet pro y,,^;';';:;^^;;; 
viGons of Vid^uils and Drink for their Seamen, or Paflengeis, acc^idM^" ^, 
to the laudable cuflome of otu Englifh Nation, as the CultoTne aVi^ Ca- 
pacity of the places they faile from will admit, upon penalty of paying' 
damages fuftaine^ for negled thereof. 



SBCT. vn. 



That no Mafter fliali Ship any Sea-man or Mcr/nier that is fhipl be KoM«Of »k-. 
fore by another Mafter or Imploycr upon a Voyage, nor (bail any 6ca ^'')^;|f,;''^-;;^„ 
man Ihip hunfclf to any other "man, until he be difcharged frcm "him that g^T 
{hipt him firft, upon penalty of him that entertains him to pay oae months J^^'j;^<","| 
pay, that fucb S^-man agrees for, as alfo of fiicli Sea-man fhippinghim- v,;) dtfrr 
felf to pay one months pay that he agrees for^ the half thereof to be paid 
to the ufe of the poor of the Town or place where the offence is com- 
miired, the other half to the complaincr or informer. 



if*\ to 

i l/c 



SECT. VJll. 



No Mafter of Ship or VefTcl fliall fa:!s sr.'jo any Haven or Port, ex- {';^\';' jl^VSi 
tept necefTiiated thereunto by "Wind or Weather, or for want of provi- iMtonvint 
fion, or for fecurity from Pirates, but fuch Port as by charier party, or ^^'^*'''' ^''""^ 
his Bill of Lading ne is bouiid unto, until he hath delivered his Goods 
according to his engagement; and iu cafe any Mafter fhall take iji goods 
for more Ports and Places then one, he fhall declare himfelf fc to do, to 
to thofc that Fraight upon him, and in cafe he fhall voluntarily g^o to any 
other Port or Harbour then he is obliged to as above j if darnage to 
the Merchants goods happen thereby, fuch Mafter fhall make good the 
fame, it being duely proved sgainft him. 



SEcr,^ IX 



ago 



Any Mafter lilred out or impbved by his Owners upon any VoYage, *^'\''f "'i* ^' 

•■ ,• r 1- i^i'i 1 -r, ■■ ^ •^ ° tcr l>)cir voyage 

receiving advice from nis impSoyers, that the alteration of the Voyage incafe 
when they are abroad, may be much for their fecunty and advantage, by 
going to (ome other port, the Mafter feeirg meet to clofe with tiMt advice, I'.te itsa-'toVif';! 
Maniiiers fl^ial! not hinder. his proceed, unlcfs where any of the Cea men g°°<^ 
fhall have made a particular contract with the Mafter to the Contrary, 

X 2 Provided 



g6 AlariUme j^jf'ains. 



Provided that they be rot carried to (lay cut r.bcvc one year, nor be car- 
ried to any place where they may be liable to be ptefTcd into a feivice 
they arc net willing unto: 



SEC r. X. 



M.ners to pay Mafters {hall fee that their Officers and Marriners be duelv paidtRcrr 

toagrcemcnt. Wages according to agreement made Mith them, upon the finilhing of 
their Voyage, without delay or troub'e, upon penalty of paying dama- 
ges for ncgle^, and all cofls that the Sea men fhall be at for recovering 
the fame. 



SECT. XL 



Whereai many times Mojlers take in Merchants Gccds en hard the!/ 
Shi^i or Fcjfds v^tn frai^ht, when yet they are net meetly fitted with 
fujicible Taikl'ng (,nd Sea-men for the fecurtty of fuch Ship or VeJJels, and 
Coeds ; 
f.ijftvfi .Ships & It is Ordered, That in cafe any Matter of Ship or Vcflel, after he 

wiTf" c°odi'"^ ^^'^ Laden upon his Ship or VcfTel any Merchants Goods to be tranf- 
d«mriftedby poitcd, (hall lor Want ct fiff.cicnt ground tackle ( if to be had) or be- 
w'^rt oit'c^iouna '^^"'^ ^^ ^^'^"^ ^^ fiiff.cicnt mcH being on board, ccme a fhore to the da- 
acit mage of fuch Merchants or Fiaighters in their Goods, the Ship (hall be 

liable :o make good fuch damages j and in cafe the defcfl appear to be 
in the Mafter and Men both, or either, the Owners fliall recover, fuch da- 
mage from them. 



SECT. XII. 



Where any Ship-Mafter hath Mored his Ship or VelTel, rone other 
Danifoe lvoq fhall oome fo near to him firft Mored as to do him damage, or receive 
p°<"^',f'''" damage by him, upon the penalty of him fo comeing, to make good ali 

the damage, and to be farther punifhed if wilfulnels or perverlenefs in 

'iic adiicn be proved againft him. 



seer 



Mmtime ey^ffaires. 9? 



SECT. XIIT. 



In cafe any Mafter of Ship or YefTel Under fiile, fhall run en board ^^'v"* J^JJ"*''* 
any other Ship or Veffel at an Anchor, and damnifie him, the party of- ni'pItAnJhcr, 
fending fhall pay the damage; and fuch Ship or VefTel as he failes m *""• 
ihall be hable to arreft /or the making good the damage, the damage to 
be judged by indifferent men, appointed by the Judges thereof, unlefe the 
parties agree among ihemfelves 



s^cr. XIV. 



In eafe of lofs of Goods by reafon of throwing Tome over board to 
cafe the VefTel to fave the reft, the Goods thrown over boerd, fhall not Gco-isiK^wno. 
be done without the Mafter and major part of the companies conient, or vertoara hy f^^ 
at leaft of the Officers with the Mafter, which Goods fhall be brought TlO^itil 
into an Avarage, and the whole loCs to be born by Ship, and Goods, and ►j"'' s^'-^b'^ 
Wages in proportion that are faved , The like courfe fhall be for cutting ""*^ 
ofMafts, and lofs thereof, or Boats, Cables or Anchors, as alfo of Ri^gin 
and failcs, for the fafety of the whole, the Merchants Goo^s are to bear 
a part of the lofs. 



sicr. XV, 



In cafe a Ship or VelTel, at fetting forth proves deficient, and gives 
over tl^e Voyage, the Charges the Merchant hath fuftained in Shipping f r"xf/i)jf, ^j. 
snd Landing his Goods, fhall "be "born by the Mafter and Owners of fuch Joi^e"^"" 
Veffel, that prefumes to talie Goods into an :nfufficient Bottom. 



SECT. XVI. 



Any Ship or Veffel at Sea, receiving damage by the Mafters or Mar- 
riners negligence, yet bnngcth the Merchants Goods home, and delivereth 
{■hem aecoMing to Bills of Lading, he fhall receive his fraight, but if the »«aj«a 
Goods be dannnified, the Maltc; or Marnners fhall make gooi the da- 
mage. 



sscf. 



9^ Maritime tAf aires. 



SECT. XVII. 



Kifg'ioor ^ ^f ^"y Sfi'P Of Vcffel in ftorm, Oia!! break loofc and fall upon another, 
and do her damage for want of groi nd tackle, ilie Ship breaking loofe 
fhall make good the damage; but if it appear the Martcr, or Marriiicu, 
or both, are negligent of frefning their Hoafe, or clearing their Cables, 
they ihall pay the damnge for fuch negled. 



sEcr. XVIII. 



All Marrincrs being fhipt upon a Vovage, and in pay, they fliall 
uirhouTie/vc ^uely attend the fervice of the Mafters Ship or Ve/Tel for the Voyage, 
and not abfent themfclves day or night without leave from the Mafier, 
upon forfeit for every offence firs jlnlUngs, 



SECT. XIX. 



No Officers or Marriners ftiall be diforderly or unruly, to occafion 
Offi«fsor-mat- difturbance in the Ship or other VcfTcl he is ftipped upon, to hinder or 
Gamnine the Voyage, to be proved by the Maiter or other Marrincrs, or 
both, upon penalty of paying the damage if able, and in cafe of inability 
to pay, to fuffer Corporal punifhmcnt, as the nature of tlic offence may 
appear to the Judges, and in cafe Maffer or Marrincrs- fliall xronceal the 
oftcnccs of fuch, and refufe to give in evidences therein, they fhall be a- 
merced or imprifoncd, as the Judges fhall fee meet. 



SECT. XX. 



If any 'fhall undertake the charge of Pilot, Boatfwaln, Gunner, 

isnor^int YAoa q^ ^^ly Other OfEce, in Ship or. other VcfTcI, and not be able to dif- 

charge the duty of the place, fuch Ihall lofc their Wages m part or in 

w hole, and be further punilfied for their prefumption, as the Judges fhall 

•fee meet. 



Marhime e^^ff aires. 



99 



SECT. XXI. 



All Marnners fhall keep trjeWatchatSeaor in Haibctir, asthcMafter wauhtobe 
ftall appoint, upon pain ot forfeit of twelve ^eUce for every default, to be *^f" 
defaJkcd out of their wages. 



SECT. XXII. 

Any Marriner that hath entred upon a Voyage, and {hall depart and M,rrlnef!^»r»r. 
leave the Voyage, fhall forfeit all his wages, one half to the poor, the Ongthe vo^jge 
other half to the Maimer and Owners, and be further punifhcd by Im- 
frifonmcntorotherwife as the cafe may be circumftanced, to be judged by 
the Magiftrate or Magiftrates they are complained to, except fuch Sea 
man fhall fhcw juft caufe for his fo leaving the Voyage, and fhall pro- 
cure an Ordet therefore from Authority. 

SECT, xxiir. 



If any Marrloer fliall have received any confiderable part of his wa- RuniwiyMani- 
gcs, and Ihall run away from the Ship or VelTel he belongs to, and de- "«'» 
cline the fcrvice of the Mafter in the profccution of the Voyage, he 
ihall be purfued as a difobcdient Run-away fervant, and proceeded with 
05 fuch a one. 



SECT. XXIV. 



If any Marriner fliall entertain any Perfon or Perfons on Board the 
Ship or Vefiel he failes in, without the Mafters leave, or Mafters or 
Marrincrs, (hall do it a.t unfeafonable times, he or they fhall forfeit f»'f«- 
ty jhili}H£Sj one half to the Poor, the other half to the Owners. 



MjrrincrtPlTKr- 
tnining without 



V a Selt. 



loo Maritime J f aire:. 



sBcr. XXV 



No Seaman, or Sea-men, or Oflic<?r ihall cornwit any outrage upon 
the Mafter of any Ship or Veflel,'but thofe fo offending fhall be feverfly 
ouiregsopon punlfhed, hy fine or other Corporal miniOimenr, ac the fa<ft fhall appear 
thcMa It ^^ ^^ circumftanced to the Judges that {ha)l hear it, and as they fhall 
judge meet; If any Officers or Marrmers fhall combine againft the Ma- 
fter , v.'htreby the Voyage fliail "be diverted or Kindred, or that da- 
mage thereby fhall zcave to the Ship and Goo(3s, they fhall "be 
^punifhed with !ofs of Wages, or tjthesvife as mutinicis, as the cafe 
may re^utre. 



SECf. XXVI. 



In cafe any Ship or VefJel be in difh-efsat Sea, b^ Tempeft or oJher 
accident, the Marriners /hall do their utrrioft endeavour to afTift the Ma- 
i'iTui\fm'^ ^^^'' '" having Ship and Goods, and not defcrt hiln without apparent ba- 
zaj-a appear, thai "b^ their flaying they may lofe their lives. 



SECT. XXVII. 



And in cafe of fuffering Shipwrack, the Marriners arewithoutdifputc 

Marrlnf'i lo do ypon their getting on fhore, to do their ulraofl endeavours to favc the 
^hl'fwracCto Ship or VcHel, Tacl^ie and Apparel, as alfo the Merchants Goods as much 
fiycUie Ocodi ^ ^^.j . ^^jjj q^ which they fhail have a meet compcnfation for their ha- 
zard and pains: and any upofl convi^on of negligence herein fhall be 
punifked. 



Marriage!. 



Marriages, i o i 



iJ^arnagcs and Married Terjbns. 

IT is Ordered by this Court and /luthority tliercof; That no man fhall 1.. 2^.17. 
ftrike his Wife, nor any Woman her Husband, on penalty of fuch fine 
not pvcceding Un founds for one otFence, or Tach Corporal pun'fhment as 
the County Court fhall determine. 

2; For'pevtnttm of all umawful Afarrtaees ; 
It IS Ordered, That henceforth no perfon fnaJl be joined in Marriage,-., ,. „ , 

I /• It- r . ^ I- . ■ "^ . » 1 1 ' Three ll'^'c«^"^■ 

before the intention of the parties proceeding theiem, nath been Ihiee mni 
times publifhed, at fome time of publick Le<fi'jre or Town meeting, m 
both the Towns where the parties or either of them do ordinarily /efide, lljZ "^ '* 
or be fet up in Writcing upon fome port of their Meeting hotife dx^or in 
publick view, there to Hand fo as it may eafily Is read, oy the fpace of 
fourteen dayes. [ 1639. 3 

3 . eyi»d whereas God hath corttmitted the care and power into the hands 
vf Parents for the difpo/in^ their Children in Afarriage^ fo that it is agarnjl 
Rule to feck.to draw away the affeClions of yoimg Maidens^ under pre- 
tence of purpofe of Marriage^ before their Parents have given way and al- 
lowance in that refpeCl\ Jlnd whereas tt is a common praOife m divers pla- 
ces, for young men irregularly and diforderly to watch all advaMages for 
their evil piirpofes^ tv injinuate into the affeS ions of young Afardens^ by comb- 
ing to them in places and feapns untznoivn to their Parents for fuch ends^ 
whereby much evil hath grown amongfi us, to the difl^onour cf God^ and da- 
mage of parties; For prevention whereof for-time to come; 

It is further Ordered, That "whatfoevcr perfon from henceforth, inall 
chdeavour dtredly or indiredly, to draw away the AfFecTtion of any Maid No «■'("•«'' of 
m this Jurirdi6tion, under pretence of Marriage, "before he hath obtained m'a'eti'jnj '^ 
liberty and allowance from her Parents or Governours ( or in abfence of ""'^ •"iO\cv\ 
fuch) of the nearcfl Magiftrate, he fhall forfeit for the firft ofFcnce fve nnu^^^''' 
founds, for the fecond towards the party ten pounds, and "be hound to for- Penalty 5. li. 
bare any further attempt and proceedings in that unlawful ^Jcfign, with- 
out or againft the allowance aforefaid;, And for the third offence upon 
information or complaint by fuch Parents or Governours to any Magi- 
ftrate, giving Bond to profecute the party, he fhall be committed to p/ifon, 
and upon hearing and ConviOion ty the next Court, fhall be adjudg;ed 
to continue in Prifon, until the Court cf AfTiflants fhall fee caufe to rz- 
leafe him. [] 1647, |] 

4. whereas divers perfons, both Men and Women, living within this 
jurifdiawn, whofe V/ives and Hushands . are w England, or elfe wherr^ by 
weans whereof, they Jive under, great iemplations here, and fome cf them 
eowmittmgkwdncfs and fdthinffs here 'amongfi u:^ oihers-mah loye to Wo- 
men and aitemp JUarriage, and feme bayfc atlajncd H, and fome of them 
live under fufpitton of unelcannefs, and all to the gnat difhonour of Gcd,.re-- 
preach of 'Religion, Conimcn-wealih and Churches; 

It is therefore Ordered by thie Court and Authority thereof,for the preven- m,^^;^^ (,erfc<u 
flop of all fuch future evils, That all fuch married perfons as aforefaid, fhall re- i.„ go to ihcir , 
pan to their faid Relations by th?firft oportumtv of (hippmg, upon the pair, or 'J/J^'^r" ^"" 
penalty of twenty pounds. excep{t"hey can (hew juA caufe to the contr&r j to the 
nextCounty Court, or Court of AfTiftanta, after the^ are Summoned by the 
' 2 Conftable 



loz Mar^al, 



Conflable there 5:o appear, \i^o axe hereby refjuired fo to do, upon paJa 
corift. to prefnit o{ iwenty Jl7i!/m^i for every (bch clcfault wittingly masie: 
uc>i (o court Provided this Order do not extend to fuch as are come over.to make way 
for their families, or are ih a tranfient v.ay, only for Traffic!: or Mer- 
chandize for fomc fmall lime, j^ 1^47.'} 

5. ftx^J ihe Ordinance of Marriage is hmiurabk umm^jl- all, ^ofltould 
ii le aicordjn£ly foletnni^ed; 

It is iherefore Oi'dered by this Court and Authority thereof j That no 

\N>\o tr^y Mem. perfoo whatfocver in this jurifdif^ion, fhall joyn any perfons tog'ether in 

mz.Mamaic Marriage, but, the Magiftrate, or fuch other as the General Court, or 

Court of Afliftanls fhaJl Authorize in fuch place, where no Magiftratc is 

near. 

>Ior {hall any joyn themfelves in Marriage, but before fome Magiftrate 
or perfon Authorized as aforefaid. 

Nor fhall any Magiftrate or other perfon Authorized as aforefaid, joyne 
r.ioi\(trort pvib- any pcrfona together in Marriage, or fuffer thciti to joyne together in 
Marriage in their prefefjce, before the parties to be Married have been 
p'jblifhed according to Law. £ 1646*^ 



11^ Anfwer.to the Queftioni Whether it he larvful for a Man that laih 
bur ted his firfi Wife, to Marry wtth her that v^as his frji Wives iiaturai 
St/icri The Court refdves it on the Negative, Q f(f7p^j 



iitation 



M^r..:j-jy.^ 



IT is Orc't-rf'd by this Court: rnd Ai^'.hority thereof; That every Marftial 
^...^._,., (l|a!l diligently an^ faithfully Colltdl and Leavy all fuch fines andfums 

^r of Money, of every perfon for which he {hall have Warrant from there- 

Mor(\iUoki^y fpedivc TreafuTers, or other' Authority, which he (hall return to the faid. 
all Fine? Treafurer with all ?onveiuent fpeed, upon penalty of forfeiting two fhil- 

linp out of his own Eftare, for every Pound not CoI!e(fied or Returned 
as aforefaid, or fuch fine as any Court fhall impofe upon him for .his 
negle<fl. 

2,. And every Mnrfhal ihall with all fpeed and faithfulnefs Leavy the 
TofffotaU Goods cf every perfon for which he fhall have Warrant, by virtue of any 
Exfcuiions Execution granted and figned by the Secretary , or other Clark Autho- 

rized thereunto;, and the faid Goods fo Leavied, (hell wiih all convenient 
fpcfd, deliver to the Party or Attorney tha" obtained the Judgement and 
Execution, or be liable to rhake full fitisfa^ion to the party for all da- 
nxag-e fuflcined by his ncgleft 
t«fciur,i Exf- ^n(i ^[^^ /.^j ,\:.;if;ial fhall. within two Months after the receipt of any 
Jtrt '" fw:h fxecuiion, make Retuni cf the fara E^ceootion, with what he hatn 

3 one by virtue thereof under his h&nd to the CJerk that granted the.farn«, 

to 



to be by l-jim^kcpt or,d Recorded; and if ihc Execution be not fuHy falis- 
fsecl, lW faid Cicrk fhall at the recjuelt of the party, grant Excculion for 
ihe remainder: 

And every Morfhril negieOing to make return of ExecationK as afore- 
faid, fhall forfeit double to the damage any ptrfon concerned therein may 
fuftarn by fuch negleft. 

3. Further the fold Morfhals fhall v/:lh like care and faithfulncfs L.i.p.jff. 
ferve all Attachments dire(fled to them, and relnrn the fame to the »>,„n. > ^ i- 

#-» 111 tit r I Wtrtnsi TlOt to 

CcuTtc to \uhich they are returnable at the times of the returns thereof, VcW^ 
and henceforth no Marfhal (hall be Clerk or Recorder of atiy Court. 

4. And it is. hereby Ordered, That the Marfhals Fees fhall be twelve 

fence in the fcundy to be paid by the refpedive Trrafurers, for.aH fineff I"'v-7' 

ieavied by the fa:d Marfhals, and returned to the faid Treafiirere, and for 

ferving Attaoh.Tients within one mile one jhillin^ thfee penee^ to be paid ^"'^'^^'"> 

by the party that imploys them; and for ferving Executions hyehe pence 

in Ihi! found, fcr all (urns not exceeding teyj pcunJs, an^ for all fume a'bove 

ten pour.ds and net exceeding /cv/)' founds, fxpertcc in the pcuiid tnore^ and 

for ail fums above /orty founJs, and not exceeding one l^.nd.nci pcundj^ 

three pence in the pcimd more, and ere fcnnj in /fe found more for all fuVns 

above one hindrcd pourds, out of the Ef^ate of tlie perfon the ExecotJcn 

js fcrvcd upon, over and above for the execution. 

And in all cafes, ■where the aforefaid Fees for Leavyinf Executions or 
Tines, will not anfwer the Marfhals travail, and other nccjfTTaiy charges, 
the Marfhal or other Officer imployed, fhall have power to demand fix 
pcKec per mile, and upon ref'jfal, to Leavy the fame together wjlh his 
clher Fees. 

5. And it is Ordered, That all Marfhals and Conflables uithin this 
Jurifdi(f>ion, fhall henceforth from time to time, allow and pay unto Ihe ■^■Shr^^ 
Marflial General ^hree pence out of every fifteen penee they receive for 

ferving Attachments, alfo threepence out of every jhiflwg due to !:Tiem>for 
t^avymg' of Fines and Executions. 

And it is further Ordered, Thar the faid Marfhal General, fhall from Narnni Generjt 
time to time have, and enjoy to his own ufe and "benefit, the CuRome of *"' '""' 
f H-o]v>;« per qusrl upon all fuch as do, or fhall Retail ftrong waters, and 
ad fuch as fl)all fell under one Gallon at a time, fhall bt accounted Re- 
tailers, whethu L'cenfed or not, and the one half of the fwzof fvt founds 
of all fuch perfoas as fhall upon his information or complain! beconvic^tcd 
to have fold ftrong waters without Lieenfe ^ as alfo the fole bentfa of the 
Impoft of all ftrong waters brought into the Country, which th^s Court 
doth allow as a meet Ineouragement and Sallary for the fervlce of the 
faid Marfha! General. 

6. Whereas the Marfhals and their deputies have often mU of Affi i,,,p. ,0, 
fi/ints in the execution of their Office., 

It is Ordered that they and every of them, have and fb<(ll have tht wjrriiji -nij « 
fame pow/er to eniovne 8n3 charge any perfon to aid them and alTift them qu'" ni »» «,< 
therein as every Conftable hath, and wtiofoever (hall relufe, or not yield -^ 

Obedience thereto, fhal) incur ths like penalty that thofe do orfhi'uld do, 
that Refufe ro aid the Conftable »n his Office. 

7. And .upon cafes of Fines anrl Affefsments to be Leavied, andunon L.i.p. H-s-. 

Z z JFjxecutions 



104 



JiftiJlerSy ServaKis^ Labourers. 



OflifCT "13^ 
brpal^opta doors 
or chcds 



g;tto be Icavicd 



Good? e«cmpc 
from ExecLlion 



Oflictr dolmf 
filisfK^ion 



Execution in civil A<flions, tne Maifhal or other Officer fhall demand ihe 
fame of the party at his hcufc or place of iifual abode, and upon refufal 
or non-paiment, he fhall have power (calling alTiftancc if he fee caufe) to 
break open the door of any Houfe, Chell, or place where be flialJ have 
notioe, that any Goods liable to fuch Leavic or Execution fhall be, and if 
he be to take the pcrfon^ he may do the like, if upon demand he fhail 
refufe to render hinifelf. 

8. And whatever charges the OflJeer fhall neceflarily be put untb, 
\ipon any fuch occafion, he fhall have power to leavie the fame as he doth 
the Debt, Fine or Execution, and where the Officer fhall Icavie any fuch 
Goods upon Execution, as cannot be conveyed to the place where the 
party dwells, for whom fuch Execution fhall be Icavied v-ziihout confide- 
rable cbaige, he fliaJI leavic the faid charge alfo with ihc Execution. 

The Uhe Older fhall be cbferved in Itavying of .^nc s. Provided, it (half 
not be lav^uful for fuch Officer to leavie any mans nceefTary Bedding, Ap- 
parel, Tools, or Armsj neither Implements of Houfe bold, swbtch are foe 
the ncceffary upholding of his life, but in fuch cafes, he fhall leavie his 
Jand or peri'on accordi'ng to Law, and in no cafe' fhall tbe Officer be put 
to feek oiit any mans eftate further then his place of abode, "but if the 
party will not dtfcovcr his Goods or Lands, the Officer may take his 
pcrfon; 

p. And it is Ordered, That if any Officer fhall do injury to any by 
colour of his Office, in thcfe or any other cafes, he fhall be liable upon 
complaint of the party wionged, by Aflion or information, to make full 
icftitution. n "^'^/•3 



Majler^j Servant,^ Labour eri,^ 



srryjrin not (o T T is Ordered by this Court and the Authority thereof. That no fervant 
g,v.o:Huck y ^-jj^^^ ^^^ ^j. ^gjj^ ii^j^ii ^.jj|^^^ g^^p^ (-^11 Qf jruck any Commodity 

whatfocver without Licenfe from their Matters, during the time of their 
fervice, under pain of fine, or corporal punifhment, at the difcictionofthe 
Cocit as the offence fball deferve. 

wotktbe whole 2. And that all Workmen, (hall work the whole day, allowing con- 

^"^ venient time for food and reft 



Servant; ton a- 
woy to be pur. 



3 It is alfo Ordered, That when afiy Servants fhall run from their 
Maftcrs, or any other Inhabitants fhall privily go away with fufpition ot 
evil intentions, it fhall be lawful for the next Ivlagiftratc or theConftabie 
and two of the chief Inhabitants where no Magiftratc is, toprefs Men and 
Boats or Pinnaces at the publick charge, to purfue fuch perfons by Sea 
and Land, and bring them back by force of Arms. 



4. It is alfo Ordered by the Authority aforefaid; 



That the Fe^cmcn 
of 



Majitn^ Ssrranfj, Lctbcurm. 



105 



of every Town, mav from time ro time as occafion dial! require, agree a- ^y,^„,ob, f^ 

niongft theiv.fdves about the prizes and rates of alt workmeris labcur, and t.v<>if f-temcn 

fervan:s wages. And every perfon inhabiting in nny Town, whctlier '''■ ^""^ 

Workmen, Labourer or Servant, Ihall be bo\ind to tha fame Hat€5, 

which the ("aid Freemen, or the greater part fhall binde themfclvcs unto, 

and whofoevcr fhall exceed ihofe Rates fo agreed, fhall be puninud by 

the difcfCtion of the Court of that Shire, according to the ouahiy and 

irsearuie of the offence ; And if any Town fhall have any cauic of ocm- 

plaint again/l the Freemen of any other Town, for allowing greater Rates 

or wagfs then themfelvesj the Coi;n:y Court of that Sh»re fliall from time 

to timCj fet orda therein. 

5 e^nd fcr fervants and rvorkmens wa^es; 
It is Ordered, That they may be paid ir\ Corn, to be valued by two ^^ ^ ,,, ^^ 
indifferent Freemen chofen, the one by the Mafter the other by the Scr- p.fd'n cor ' 
vant or Workman, who alfo are to have refpeift to the value of the work, 
or fervice, and if they cannot agree, then a third man fhall be chofen by tobcusiucu 
the next Magiftrate, or if no Magiftrate be in the Town, then by the next 
Conftable, unlefs the parties agree the price themfelvesj Provided, if any 
Servant or Workmen agree for any particular payment, then to he paid 
In fpecie, or confideration for default therein; And for all other payments 
:n Corn, if the parties cannot agree, they fhall choofe two indifferent 
inen, and if they cannot agree, then a third as before. 






6. It is Ordered, and by this Court Declared; That if any Servant J.rvin. Cyjcg, 
fliall fiee from the Tyrany and Cruelty of his or her Mafter, to the Houfe 
of any Freeman of the fame Town, they fhall be there protected and 
fuftained till due order be taken for their Relief; Provided due notice 
thereof be fpcedily given to their Mafter froHi whom they fled, and to the 
next Magiftrate or Conftable where the patty f6 fled is Harboured, 



7, Alfo that no Servant (hall be put off for above a year to any other, 
neither in the life time of theL' Mafter, nor after their death by their Exe- 
cutors or Adrciniftratcrs, unsefs it be by ccnfcnt cf Authority affcmbled in 
feme Court, or tx.'o AfTift&ats, or otherwife ali, and every fuch AfTigne- 
mcnt to be void in Law. 



5<rvjn(' norr&t 
CfTwil'r''"'' '''"" 
wance of s Mog. 



8. And if any man Gr.ite out the Eye or Tooth of his Man-fervant j,,vj'>t»"""rtf< 
or Maid-fervant, or otherwife maim or much disfigure them (unlcfs it be lobtdircKi.gfj 
by mecr cafualty } he ihall let them go free from his fervice, and fbali 

aUow fuch further Recompence as the Court fliall adjudge him. 

9. And all fervants that have ferv'ed diligei:t'y and faithfully, to the F^.ty.ircrvjaiV 
benefit of their Maf/ers, Seven years, fhall not be fent away empty ; And rc*»rrf 

if any have been uniaithful, negligent or unpro.'itable in their fervice, not- „,faiiKfui e=.w- 

withfta^ding the [>ood ufar^e of their Mafters, they dial! not be dirmified, ""•'' 
tili they have mcidc fatisfaftion according to the judgement cf AuthonfY. 



A2 



//^alt. 



io6 Mak. Mill!. 



MALT. 



A 2 9 iT is Ordered, That no Malfter or maker of MaJt, Ihall henceforth ^s- 

M,j .g,J2. Iijygj. Qj pjfj ^^ay any j^gij {jy (,jm or his plocurement made before it 
be cleanfed from the duft and tai.'e, vhich.arifviUi in the Maltirg, dryiRg 
and ordering it iti his hands, on penalty of tnche fence fer Bujhsl, upc;i 

MJttobetUio convi<ftion before any Magiittate or Couit, the one half to the Informer, 

ftd from daft jj^g ^^'^^^ ^gif (q ^hc Coumry. 

Thii Court taking into ferious Conf deration the ^reat neccjfitj/ of uf- 
c^« SJ' holcimg the fia^le Cvtnmodities of this Ccuntry, for the fu^ly and fufprt of 
the Inhabitants thereof^ and fnaing by experience the hnngmg in of Afuttt 
Wheat, Barly, Biskety "Beef, Meal and Florrer, (ivhich are the frinci^d 
Commodities of this Country ) from forreign par ts, to be exceeding preji'.di' 
cial to the fv-hfifiance of this place and people here-, 
KoMait,wh«t, Have therefore Ordered; That no perfon whatfcsvcr, ellbec Inhabj- 

BuketjBerfto ' tant or Stranger, fbal! diredly or indiredtly after the firft of March next, 
plnVitytf «n. import into this Jurifdidion from any jpart of Ei:ropey any of the afors- 
ifciUoi) faid Provifions, under the penalty of Ccnfiscation of the f:imc ( ejrcept it 

be for the Ships provifions) that fhall be lo imported, landed, fet to fails 
or otheiwife difpofed, contrary to the intent of this Order. 
Miriliilor Con. And it is further Ordered and Enaded, That all Mo-flials and Con- 
ftabie to ftue it. ftables where no Mafhal is in the fevera! Towns in this Jur!fdid"tion, arc 
hereby required and impowred to make diligent fearch, v/ithin their re- 
fpedfive Towns and Harbours where any fuch Provifions are Landed, Sold 
fourth part ^^ othcrwife difpofed cf, and to make feixure of the f::rne ^ox the ufc cf 
fo/tiieir pains the Country, for v;hlch each and every Maiflial and ConRsble ihali have 
allowed them, one fourth part of what fnall be fo feized, for their care 
and pains herein. 

And all former Laws concerning Impoft upon any of the Provifions 
afoiefaid, are hereby Repealed. [ z^/^,//.] ' 

,^ . 1 T is Ordered, That the Law prohibiting bringing in of Malt from for- 
^'^P- - J jreign pjjts is Repealed, fo fat as it icfpedeth the Importation of 
Malt. 



MiilJrl 



MillSj Millers, 

Toir ] '^ '5 Ordered by this Court and the Authority thcpgof, That no Miller 
i fliall nl{£ above one H^ttScn^h ^zit of the Corn he grindcs^ and that 
Toh.v,:we.ghts ^^,^^^ ^^^-^^^^^ ^,jj j^^^^g £K'/,:yc: fcacly in his Ml!!, We^b^-ts ^-^ Seder, 

provided at his own charge, id Wcl^h Gcrii D end f^ora Mill If min dz 
fire it. C }^jS' i^O 

Militaty. 



Military, joy 



M I L 1 r A R r. 



XjOrafmueh as the xcell ordering of the Afilitia is a Matter cf ^reat con- 
r cirnment 'o the faftty ard welfare of rKV ComrAOn-wtailb-^ 

It is Oi-riercd by this Court and the Authority thereof^ That the Mv IlJ^jl'd^^^, 
litary forces of Suffolk^^ Middlcjci: and EJfex, fn ail "be under the command jom 
of Lhe Serjeant Ivfejors Cho.'en m each County; and that the Mihtia of 
J^orfctk^ fhali be commanded by the Major of the Regiment of Effex, L.i-f.ti. 
Provided the faid Militia be not drav/n out of the faid County to any Re- 
gimmtal exercife: And if any of tlie faid Majors be removed or difchar- 
ged their places, the Major Genera! for the time being, fhall within one 
Morah at furtheft after fuch change, fend forth his Warrant to each 
Town in the Shire, to make choice of a Major in manner following, viz.. ji.j6.p.i3~ 
The Freemen, Houfeholders, and fuch Souldiers as have taken the Oath 
of FideJity, before the ///ff«t/) of A/^, Ti6j6.'] end no other, being 
met \Ogether m tlieir Rclpecf^ive Towns (by virtue of fuch Warrant from 
t''f ^/\i^or General, or from the General Court) Iball give in the;r Votes , , 

Tar fnch a perfon as they judge fit for the Office of Serjeant Major of •vy*i,'hom'cborsa 
tnat Regiment, which Votes fhall be fealed up by the chief Military Of- 
ficer of the place, or by theConftable (as the Warrant fhall dire(ft, ; and 
fent by fome Freeman, chofen by the Town, to carry them to the Shirs 
Town of that County, at fuch time ai the Warrant fhall direcft, where 
the faid Votes fliall be opened and numbred in the prefence of one or 
tv/^o of the ncareft Magiftrates and the faid Freemen , and he that fhall 
have the greater number of Votes being a Freeman, (hail be prefent:edby 
one of the faid Magiflratcs unto the Major Geneial, within one Week 
.-!ftcr fuch 'EIccTion, who fhall by giving the Oath accuftomed, and de- 
liv-ring him a CommiPjon, InAal and Confi;m fuch Serjeant Major in 
hi:; phce. 



2. And every Serjeant Major is hereby Ordered and Required, once R.^trn^ob.! 
Ln three years to dra*' his Regiment, both Horfc and Foot, in one convc- nn<iiajs''nf«in 
rient place in the County, and to Inftruc^ and Exercife the Officers and '^'"y"" 
Tculd'crs in Military Difcipline, according to his bed skill and ability; 
for which fcrvjce he fhall have tvicniy founds allowed him out of the 
Trcafur^r of the Country for hie pains and charges, for every fuch Meet- 
ing: Alfo every Serjeant Major, m\v as often as he fhall fee ca'i/e fend 
his Warrants lo require the chief Officer of each Company in his Regi- 
Tieit, to meet ar fuch time and place as he flail appoint, and there v^ifh o^'^'.l^ "/.i,''^ 
them to confer, and give in command fuch Orders is fliflll by them be i.e-gimtnt 
ludjjcd meet for the beirer Ordering and Setting ihe particular Companies 
in Military Exercifes ; end to impofe fines and penalties upo'n fuch De. 
linquents as have not given fatisfa(fiion to their Captain or chief Officer, 
for a!! defects either in their Arms, Amunition, Appearances, Watches, 
Offcncee, &c. 

And t!-,t ee?jc3nt Major fnal! with th? confent of the faid 05icers, 
five OrAa To the Clerkt; of the feve/al Ccmpames, to take diflrefa for 
'.'te fcrr.c wztijin one Monciih. i-fter fueh Order. 

A a 2 3. vfni 



106 



Military. 



NoniinnilOn of 
Officers of co(t« 
pmies 

To be allowed 
by the CoJnty 
Couiis 



<4 Soldiers lo 
be a Company 



Cipt Lieu. Enfi. 
to bavccoocr.iC 



3. s^ind for the fettlinj particular Military Officers in every town of 
this furifdii}ion i 

It IS Ordered, that every Freeman, Houfe holder and lifted Souldier^ 
having taken the Oath of fidehry as abovefaid, (andnootherj (hallhave 
liberty to give his Vote for the Nomination of Military Officers of that Town 
or Company where he dwells^ Provided they be Freemen, andallperfons 
fo Nominated fhall be prefented to the Court of that County, to be allo- 
wed and confirmed in their refpedlive Offices, unlefs the faid Court fhall 
fee caufe to the contrary ; and no perfcn (hall be acknou'Iedged or ac- 
cepted as an Officer of any Company without the allowance and appro- 
bation of the County Court fiifl had and obtained. 

4. And in every Town where there is fixty four Souldiers ( liable tu 
attend conftant Training ; befides the Officers, fuch number of Souldiers 
fhall be accounted a Foot Company, and have liberty of Nomination of 
all the Officers of a Foot Company, and fhall have two Drums. 

And in fmailer Towns, where there fhall be a lefs number then fixtj 
four as aforefaid, they ftiall have liberty of Nomination of Serjeants, and 
other inferiour Officers only, to teach and inArud them in the u-xercife of 
Arms. 

And the Major of the Regiment fhall have power to Order and Regu- 
late the fmailer Towns, and to joyn them into one compleat Company, 
<as occafion may require) which fhall have liberty of choice of all Offi- 
cers as aforefaid. And every Captain, Lieutenant and Enfign, fhall have 
Commiffion from the General Court, for tlie holding of their places, and 
exacife of their duties. 



5. The faid Military Officers of every Company, ihall take care that 
their Souldiers be well and compleatly Armed, ana fhall appoint what 
Si^SouldTrmB ^^"^^ ^"^"y Souldier fhall ferve with 5 Provided two thirds of each Com- 
pany be Mufquetiers, and thofe which feive v/ith Pikes, have Corilefs 
and Headpeices: And they ihall exercife their Souldiers SIk dayes every 
year, when the Captain or chief OfScer fhall appoint, by^ B^^^^S puUick 
warning thereof, thiee or four dayps beiore the day of Exercife j Pro- 
vided, that fo many dayes as fhali be expended by Order of the Muj^-j 
of the Regiment, in the EKcrcie o{ the Regiment, and in marching to 
and from the place of EKsrciie, (hall be scccunted as p£.t of thti? xix 
dayes. 



To cxercife* 



6. Alfo the three chief Officers of each Compcny, fhalJ have power 

to punifh fuch Souldiers, as fhall coroTtit any difcrdci" or contemp: -upon 

3ch!efoffic to 2ny day or time of Miht^iry Exercife, or upon any V/atch or Ward, by 

puniih dtforders Stocks, Bilboes, or any other ufuai i.iJiiary punifhiv.ent, or by fine, not 

of Souldiers exceeding twenty fMlirng; , or may cc-nmtL fuch Offender to the Con- 

fVable, to be carried before feme MagiJ^ratCj who may binde him over to 

the next Ccurt of that Shire, if the caufe fo refiuire, or commit him to 

Ptifon 



SouUicrehow 
w be ifoied 



7. Every Foot Souldier fhall be ccmpleatly Arcitd and FurerJfced, 
the Pike man with a good Pike well headed, Corflei, Kead-peice, Sword 
and Snapfack ; the Mufqututrs with a good fixed I^'ufquct, not vr-c'er 
Bafbrd Mufquet Bore, nor under three foot nine inches in length, nor a- 
bovc four foot three inches long, with a Priming wire, Worm, Scourerg 
and Mould, fitted to the Bore of his Mufquet, alfo with a £,ood Sword, 

Rcit, 



Milttayy. 109 

Reft, Bandeliers, one pound of Puwder, tv/eniy BuJkh;, and iwo fsthcm ^CouM,c.«fiow 
of Mateli, upon the penalty of !fK y?7(///r2j^j tor evci-y drfe<r^ ^ AniJ alio- l^Vf 'ctx'J 
ther Iiibabifants- of this Jiinfdicfiion, except Magiflrates and Elderr of o>,rfii>io''"».r 
Churches, the Prefident, Fellows and Students of Harva'rd. CollcJ^e, fhaii ^^\^gj ; .^ 
alwayes be provided of Arms, and furniflieid aj aforefaid, under fhe penal- bKanU 
tv aforefaid. 

?. And if any perfon cannot procnre Arms or Amunltion, with fiich 
means as he hath, if he fhall bring to the Clerk fo much Corn as by ap- 10 o,'j r'i ♦o 
prizeinent oi the faid Clerk and two other indifferent men (whereof one cutk ic provide 
to "be chofenbythe party) fhall be adjudged of g;reater value by a fiflTl 
part then fuch Arms or Amuninon is of, he fhali "be excufed of the pe- 
rally for want of Arms until he be piovided:, And the Clerk fhall en- 
deavour to furnifli him fo fooh as may be by fale of fuch Goodsfo difpo- 
fited^rendfingthe party the overplus. 

Bur if any perfon fhali not be able to provide himfelf Arms and Amu- fo"*!"^ *» *^ 
nition, through meer poverty, if he be Tngle, he fhali be put to fervjce ^Vi^^^*^ *"^'' 
by fome Magiftrate, or the Conflable fhali provide him Arms and Amu- 
nition, and fhali appoint him when and with whom to earn it out. 

9. Every perfon above the age of fixteen years, fhali duely attend 

all Milit.iry Exercife and Service, as Training, Watching, Warding, un- ^j^f'j- 
dec rhe penalty of fve fhi timers for every fault, except Magiftratcs.Depu- p^^^.^^, «.,cmc» 
ties and O/Ticers of Couit, Elders und Deaconv*;, the Prcfident, Fello\fj, rrpmTrBiinhe 
Students and Officers of Harvard Colkd^e^ and prafelTed School-mafiers, 
Phyfitians and Chyrurgcons allowed by tv^'o Magiflrates, Treafvrers, Sur- 
veyor Genera], Publiek Notary^ Mailers of 5hips and other VefTels above 
twenty Tuns, Fifhermen conHantlv tmployed at all fifhing feafons, • con- 
f\ant Herdfmen and fuch other as for bodily infirmity or other jufl caufe, 
fhali by any County Court, or Court of Af^lf^a^ts ( after notice of the 
parties defire to the chief Officer of the Company to which he. belongs) -^ S^ }-iz- 
be difcbarged; alfo one fervant of every Mafiftraie and Teaching Elder, 
and the 5orw and Servants of the Ma)cr General for the time being, alfo 
Aich ar dwell at remote Tarms, or have a Terry to pa.*"?, fhali be exempt 
from Watching in the Town, but fhali Watch and Ward as their chief 
O^cer iTiali direcfl otherwife^ and all Farms diAant above four milesfrom 
the place of cxercifing the Company, or have a Terry to pafs over, that 4 fi, 
have above twenty Acres of Land in Trilage, and twenty Head of great. 
Cattle upon fuch Farm, fl:all upon reafonable allowance to the Company, 
have one man exempted from ordinary Trainings. 

10. And it is Ordered, That in every Towf\ or Company there (hall ^j^'j'''^"'* 
be cliofcn fas other Military Officers are chofm) ?. difcreet able man to be 

Clerk of the Band, and if any fhali refufe to accept the place, or to take his 

Oath, he fhali pay to the ufe of the Company fDrty jhtllmgj and the Company 

ihallchufe another, and all that refufe the place or Oath as aforefaid, fhali pay TocaiuHoiis 

forty fhlhrigsz piece, till onedochacctpt the place, and he that doth hold the 'UliyW'""' 

place, ihail have a fourth part of the fines for his laboar. And the Clerk fhali 

upon every Training day twice, once in the forenoon, as alfo m the aftcmocn, 

at fuch time as the Captain or chief Officer then m the field fhali appoint,call or 

caule to hecalledover, rheljfb of thenamesof all (he .'^cjldiers, and fhali 

give attendance in the Field all the day (except he have leave from htsCsptain 

or chief Officer) to take notice of any defect by abfence of5oul3ie/5 or 

Other offences that may fail out in timeof Exercife. 

Bb And 



SIO 



MWitary. 



T c view the 
/Ir.Ti? 



CVe (iqtice to 
iie CaplcJO of 

iq ien io^ef 



To dlrpofeof 

fioi's for the ufe 
of ihe CoEpany 



And the faid Clerk fhall tv/ice everv year vsnv ail Arrns ard Amy??*- 
tion of the Compar^^, and take notice that every Sovldier b". fur;^;n-icd ac- 
cording to this Law j to which end, by dh-ed^ion of thz e>/bf Oiticeif, ^3 
fnall give notice to the SouJdje-rs, that upon fyrh sTrajiiingciay sppo:"^!?:!, 
fhey are required to bring (in the forenoon) ail their Anns and Amuo 
tion into the field, where *'i?y Oial! be approved CM"difaIIow»;d by Mi3 
judg'fment of the faid chief Oincer then in the.fidd-. And further the faid 
C'cfk ftall once in the vear at Icail, Survey the Arms of al! other Ir-ba- 
bitants, and fee that all (except as before excepted) be provided in Xht.,' 
Houfes v/itf^' Arms and Amunition, and upon every occafion, he is je- 
quired to ufe all diligence to view evQry maris Aims, vihiiWx Ihey be 
compleatly fuiniO.ed with all Anns and Amunition as the Law re- 
quireth. 

And the faid Clerk fhatl wifhin one week after. any default mad?, or 
defed obfervcd, prefent a Lift cf tho Names of all that are Deibcjiien't, 
and of their deiefis to the Captain or chief Officer of the Company : and 
fhall wJihout partiality demsrid and receive all fines due fo? fuch di'fcd\s, 
acoording-to Ihi; La'iv.- which if any fhail refufe to pay, he fhall make 
diftrtfs upon the Goods of fuch perfons, as fhall not vvithia ten da)SPs 
after iheir default be difcharged, or have their fines mitigated by the 
Captain or, chief Officer of the Comriany, ynlefs (he faid cijief Officer 
fhriil fee caufc to refer the ji'dgemet]r and Deteimmgfion of fucb default 
to the Major and chief Officer of the Regiment at their meeting. 

And fbe Clerk fhall ^^?ith the advice of ihe chief Officers of the Com 
pai)y, fpeedily lay out all finea received or Jcavifd, in Eripgne^ Dr^^ms^ 
UaibertSy Candle and Wood for ihe Waich, or provide Tovoder and jitms^ 
for the pooter fort, or otheiwife as in their difcrttion they fhail judge 
meet, for the ufe cf tlic Company, 

7 1. ^nd for the bstter ordering the Militia in the fevtral Towns ^ in 
C3/?x cf any fuddai:-: exigent j 
^.S2p-i4' It is Ordered, Tfiat there be a Cotnmitty of Militia in eve/3; To" ;, 
&J3' and that the Committy of Militia in ^o/ow, fhaU c^cnfift of the ivia^*- 

ftratcs living' ih the Town, the chief Officer of the Horfe, if living in 
cort,nilt!yof M» Tow,'), aiid uie chief Officer of each company of Toot, or the greateft 
I'DiTownj '" part of ihem, and in fudJain exigents, any three of them rnay ad 'whe:^ 
due Trieans beir^g ufed a greater number cannot be afFsmbied^ which 
ComwiUy fhall have a Commiffion^ ^vho fhall alfo have power to sp- 
point a Military Watch, when they OiflU fee caufe, for the fafely of iiie 
Town and Country; And Chc^lstotvtJ^ Sohm and Iffwich ihasi 'have the 
like Commitly of Miiiti?., "who fhail l^ave like power by Con»iT>r!F(or.: 
and for all ottier Towns .v.hsre thec2 is one er mere Mcgiftratcs, the faid 
Magiflratc or Magislraks, with the three chief Military Officers; and 
w/}\ere no Magiflrate dwels, the Deputy or BspuHcs of the General 
Court, with tlie three chief Officers of fuch Town, or sny three of them, 
fhall be the Committy of Militu for fuch) Town, and hav'e power in ail 
fuddain exigents, to order and dlfpofe the Militia of their Town, fortheir 
own fafcly and defence, Jill fi:rther Order be tal<en, and upon Alarm, or 
any lovafion, to ftrengthen their quarters, and to hinder any approaching 
or affailing tnem in a way of Hoflility, by bearing Arms in Companies, 
or rcfufing upon fuch approaches (0 come under command, ot give zn 
account what they ai'f, s.»d v/h?;efore they are in fuch poflure. 
innPeotAlarni And every fucli Committy, where any fuch Alarm fhall be givsn or 
received, or fSia!! te sffaultcd aa aforefaid. is required v/ith all p.^lBci.') 

i - 



That power 



MtlHary. ri! 

fpeed to Z'""' iriLc!i;gc.-Ke to the next Magiflrr.te, tr.d the Mnjcr of t'n'e 
Rcgimsnt where fuch Alarm is taken, or afTauli made of the rcafonthere- 
of, ard uite o; the place fo t.(ia\ki. _ To eU* notice 

And the faic Major is hereby required to Tend fcnh to proerre intelli- io«WM3]cr 
gcnce of the eftate of any place fo Alarm'd or AfTaulted, and to Order 
Affiilance to them frcrrj any other company cr companies of his Fv.eg»- Ms;or to Oratt 
ment, as the cafe (hall require, and (hail give conft:int intelligence to the ''"^"^^ 
Governour or Cour.d! of the Country, and Major General of the ftateof 
UJch affairs with all convenient l^ecd. 

But no Major of any Regiment (hall TDarch with his'Regiment out of the To giveioteti!. 
County wherein he hath command, nor caufe any part thereof fo to do with-' ^Znc^fli^i^hf 
out Order from the General Court, Council of the Commonwealth, or h' General 
Major Genera!, except it be in purfuit of the Enemy upon a Rout. 

And in cafe of X^eath or abfcnce of the Mcjcr. upon any fuch occaficn M^JornPt.to 
of fervice, the eldcfl: Captain of the Regiment (hall fupply his place till m^tout cnhft 
further Order "be taken; and the renioriLy of all Captains and chief Offi- ^"o'v 
cers of every Company in the fcveral Regiments, (hall be accounted ac- ^ .^^., . 
cording to the feniority of Ihe Towits or Companies they command, ex- o^puina 
cept the Commanders of the four Companies ©f 'Boficn^ teing of equal ^ 
(landing, the fenioniy of the Captains ftiall be according to the prionty a A\ 
of their ComniifBons. ^./^.f. 12. 

It is further Or^crpd, That henceforth all "Warrants for iirprefTing comrout, to 
and raifmg cf Souldiera, for any expedition, (hall be diredcd to the Oom- f'''' ^°'<""» 
mitty of Militia of ihs feveral Tov/ns, who may execute the fame by the jj tat, , 
Conusble, and the faid Committy arc hereby impovsred and required to '■'^■t'*'* 
fupprefs all raifmg of Souldier?, but fuch as fhall be by the Authority of 
this Government. 

And in all Towns where there are great Artillery, forts or Batteries, c^. rf. 
the Committy of ^fiiitia, and Selrdt men of the Town, (hall mount Tuch 
Guns, and fit them with appurtenances for fervice, and repair fuch Fcvts Ir^c^'cbnT"^*^ 
or Batteries as they (halj fee neeefTary for the fecarity of the Town, the 
charge whereof the Sc]t(\ men are hereby impowrcd and required to 9i?<< r<j)tir Forfs 
leavie on the Eftate of the Inhabitants, according to the proportion of the 
Country Rate, to be colle<5led by the Conftabfes of the faid Town, for 
the ofe aforefaid. 



WHereas in the taw tit. Military, Seft. it. iU thee chief- MiVtlnry 
Officers in each Town except Bofton, together with the Mngiflratci 
er Deputies, thereof, are appointed a Comrmtty of jMiliUa for fuch Towns. 
Without mentioning the Queers cf the Morfc,fobe of {hat CommiUy; 

This Court doth Declare, That the CommifTion Officers of the Horfe 
m the Town where they dwell, (hall be added thereto, and hereby are cowmilty of 
appointed ^d impowered to be of the Committy of Militia for fuch "'"'* 
Towns where they dweljj Any Law_or Cuftomc to the contrary notwith- 
ftanding, £ id^if/} 



^2. It 15 Ortlered, Tfiat the ■Military Wafcherftiill be fet by beat of it,i\i>n wat 
Drum half an hour after Sun fet, by the Military, OfTicers in fuch pljwres th«hQ*ftt 
csthey (hall judge moft convenjent, and fhail 1:2 Ordered and Difpofcd by 
thexr.commaiid and dire^ion ; And if any man Oi:^!! <hoot oitt a Gun 

B b 2 ' after 



1 1 2 Military. 

after the Watch Is fet ( eycept in cafe of Alarm) he iliall forkh forty 
pllinfs. ' -^ 

The faid Watch or Sentinels being fet, fliail examine all ptrfons that 
du'tjoflec?!"* fTia" c"iTi«^ within their Watch or Round, and all (hey fufped they Hlali 
•»«•'* carry to their Guard, there to be kept till monmg, xind be-foie they te 

difmifTed, thev flia!! carry them to their clucf Cffircr to br ixanjinctl ajid 
proceeded with according to lawj 

And if the Sentinel of Watch fhal! meet wilh fuch perfons as iTiall be 

too flrong for them, or by their carritige fhall give juft cauTe of fuipiiioii 

or will not fubmit to their command, or if they fhail cither draw tipoa 

them, or offer any fucb affront in Words or Adfions, as fhall pur tJieni in 

fear or haziard of their lives, they fhall difch.argc upon them, and jcure 

"With fpccd to the Gucrd and raife an AIa»m; Providfd at^'ayes that la 

time of peace, when the Council of War, or the chief Officers of the 

Company fhall not apprehend prefent danger by the ncarnsfs of aiiEntmy, 

it iliafi not he in the liberty of any Sentinel io baszard the killing of any 

pcrfoti, except in hie own ncceflary defence; but if the canfe require ir, 

he ibail retire to the Gjard and raifean Alarm by difcharging hisMiiCquet 

and crying Arrri, Arm, which fbaO be taken for an Alarm by the Soul- 

Ukenfo?ati A dicrs of that Townj and if there appear danger to the chief Officer, he 

larro. fliall either ftrtngthen his Guard, or give a general Alarm, which fhall be 

either the diftincft difcharge of three Mufoucts, or the continued beat of 

the Drum, or firing a Beacon, or the difcharge of a piece of Ordnanc* 

•Not anrvwiinf ^"^ '^° Mufquets after it, any of whicb in the night fliaJI be accounted 

■iheAUimpenai a general Alarm, which every Souldier is immediately to anfwer, by re- 

■*^**'' pairing Armed lo his Colours or Court of Guard, upon the penalty of 

/ivf pounds, 

tfnnlfbslotepars 13. And upon any expedition, upon occafion of any Enemy, or any 
*'"^ ptefenr Military Service to be done, all Smiths and other needful work- 

men, fhall immediately lepair fuch Arms and otber MccejTaries as fhall be 
brought unto them for that end, for which, they fhall not refufe fucb pay 
Penalfy as the Country affords, upon i"hc penally of five pound i- for every fuch de- 

fault, and for fucb negled at any otber time more then ten dayes, fhaJl, 
forfett for every fuch offence ten Jhiflm^s. 

14. The Surveyor General fhali yearly give an account of the com- 
J.jS.^.iz. mon ftock of Powder and Amunition to the Council, that ihe General 
Court being by tbem informed, may out of the publtck Tieafury make a- 
Gooftant fupply according to the need of the Country. 

15 lEvery Town fball be provided of a fufficicnt Watch honfe, un- 
■^•^■^■'' der the penalty o( five puneis^ and fh.ail alio provide at their own char- 
ges a fafe and convenient place to keep ail fuch Pov/der and Amunitioa 
in, as the chief Military OiTicer by Ordet of the General Court /ball ap- 
point, under the penalty of ten founds. 
to pro And the Seleft men of every Town, Hiall provide for every fifty .ouL 
v.aT^'olt). hous diers, one ^Barrel of good Powder eontaming near one hundred pounds, 
det&''/l''nHion 0"^ hundred and fifty pounds of Mufquet Pullets, gnd eight and twcrty 
pounds of good Matcb, and after thai: picporfion for every Companv of 
Souldiers, in number more or lefs^ which they fball carefully renjcw 
from time to tune as fhali be needful, under the penalty cf fw pC'iOids 
for the want of every Barrel of Powder, one hundred and fifty pmoiio. 
!Bulleb and eight ^nd twenty pounds of Match as before mer.froiti'd and 



Military. ajj 

the Seietft men of every Town as aforefaid, are hereby Authorizecl to bHsCs 
their Inhabit .nts for making the providons alorefaid, which fhall remain as a 
Town ftock,beridcs a!I other Provifion; of that kiiidc. {_ i64p.~\ 

\6. It is Ordered by this Court and the Aurhoriiy thtrcofj That no 
Trcop of Hcife v/ilhm this Jiiiifditflion, fhall exceed the number of fea- '-^ '^ 
venty LiAed Soddicrs befides Officers j and that the Troops raifcd in the Troop lor e^e 
feveral Counties be under the Command of the "Majora of the Regiment S^/u'df wj- 
in the refpecflive Counties, and all priviledges formerly granted to in- jorscomn-.nc!. 
courage Troopers fhall be continued, except free Ferrage , gr^d free 
Commonage in divided and appropuate Commons: And every Troop J^^ J' 
confiAing of forty, fhall have libert)'- of Nomination of all Oificcrs to be ■}oJ-i2. 
allowed and coniitmcd by the Counfy Courts as the Foot Officers, and 
the three chief Officers to have CommifTicns. 

And every Trooper fhiall keep alwayeff a good Ilorfe, ai>d be well Troopers r-w 
fitted with Saddle, Bridle, Holfters,Piflols or Carbines and Swords, nnder the to Wfu.ni.hfd 
penalty of ft'w/JjzY/iK^iji for every defe(^, and having Lifted "his Horfe, fhall 
not change or put him off without Liecnfe from his Captain or chief Of- 
ficer under the like penalty. 

And every Trooper fhall attend fix diyes exercife yearly, at fuch time Tot.ereirc fix 
and place as fhal! be appointed by the chief Officer, under the penally doyesjfM.i/ 
of five Jliillin^s for every default, to be leavied and diftreined by Ihe 
Clerk of the Troop, v/ho is hereby required to execute the place as the 
Clerks of the Foot Companies mvAath mutandis. 

^ndhccaufe the Troopers living remote do ofte>t avoid their pefJallies, or occa- 
f-on much travail and charge to the Clcrk^to colkB the fame ^ 

It is Ordered that the Clerks of the Troops for their charge and tra cietXhisfees 
vail in Icavying all fines, fhall "be allowed the Fees of the Marfhal, to be 
by him leavied and difireined together with the fines; Provided no fuch 
diftrcrs be made within one Month after the default, that the parties niay 
have liberty to prefcnt their e::cures to the Officers, who have power upon ju/l 
criufc to abate or remit the fines,as the O fhccrs of the Foot have in like ca (es. 

Andinc:'.rc of Alarm, every Troop fhail fit him.felf in all refpefis fnr 
fervice, zuA fhal! fpeedily repair to the Guard in the Town where he dwells ■^■^?' 
under the penalty of j7rf|?fwi^j, and fliall duely attend fuch ferviCe as the ,, -r n 
Committee of :.;:hj2 of tnat lown niah require, until he fhall otherwrfc ^'>'fortA,n cafe 
be commanded by Order from his Captain or other Superiour OfFicei • ''^'""'" 
And no Officer of any Foot Company fhall be a lifted Trooper. And no n.t,.op<o be 
Troop fhall be drawn out of the County upon any pretence ov ihc Cap- ''""""^"*°''"'^ 
tain and Officers thereof ( except in purfuit of an Eneniy upon a *^""'"*' 
Kout) but by Order of the Major General. And the Captains of Horfe 
and of Foot rcfpeaively, the "Majors of the Regiments, and the Maj>r 
General arc required in their rcfpecftive charges, to take care the Mili- 
tary Orders refpecfting' Foot and Horfes be duely executed and obfetved. 

Alfo it IS Ordered ; That no Trooper put off or change his Horfe with T^oopcrsr^nah 
o'jt leave from his Commander, under tfje penalty of ^pf ;>onMif, and that *^ 
for non-appearance on dayes of cxcrcifc, the fine fhall" be ten Jhifim/s, and 
that no Trooper being Lifted may st hi^- pieafurc disband himfclf without 
Jeave orderly obtained from hia Commandc:, :nd returned by certificate 
to the Commander of the Foot in the Town to which they belong, under 
the penally of fuch 2 fine as his chief Officer fhsll jmpofe, not exceeding 
fifty ftnlhnii. 

C C T^r 



114 



Milifary. 



F 



OKiaftCoati 



Or a more full arct clear vriderflanding of the inUtft of this Court m re.- 
firinn io Cmmijftoni ^ranied to MtUiary Officers-, 
It 18 Ordered ,and^ hercty ;Declare3, That all Commifilons of infe- 
rifiuj Officers be and do ftand gobd and in force, nolv/uhfiand/ng the 
death or removal of iheir-Supcriour Officers. 

It is alfo further Ordered, That all trained Souldsers, whether Horfe or- 
Foot, fhall repair to their feveral Qtfarters and lodge their Arms, imme- 
diately after their difmiffion upon Training daye5 : And whofoeVer (hail 
either finely or in companies remain in Arms, and vainly fpend theirtime 
and "Powder by inordinate (hooting in the day or ni^ht aficr lifeir Rc- 
leafe.; fuch 5ouldier« upon conv'i^ion fhall be punilTied by their Siipericu? 
Ofiicers order, upon i\\e n^Y-i Trairitng day at the >iead of the Company, 
wai^Tobe by fharp Admoailion, or othcrwife, with any ufual M'^Yitary punifil^.cni 
puhirfip^ahf i>ie at the difcrelion of Ihe chief Officer: Provided the Magiflrate have riot 
oficets taken ntftice of the matter "before. 

It is alfo further Ordered; That all Souldicrs, v/hether Horfe or Foci, 
who fhall difobey the lawful commanda of their Supericur OfTicers upon 
any Training day, cither in time of exercife in the io3y, or ofherv/ife re- 
fufing to perforni any fervtce which their Officers in their difcretion fhall 
judge expedient in order to the furtherance and promolmg Military work; 
ftich refra(f\oTy Souldiers fliall be punifhed either by Admonition orolher- 
wife, al Ihe head of the Company whh any ufual MiliJaiy pnnifhmenls, 
at i^c difcrelion of ihe chief Officers. 

It is alfo. further Ordered, and be it hereby Enafled, t^at the Law limf- 
Re^ealid. ling Troops, not to exceed feaventy per ens in a Troop, as alfo for al. 
Uwsnce o{ fvr Jhif/in^s (>er yfnnifm is hereby "Repealed, in reference to 
any that fhall be lifted after the publication of this Order. 

And that henceforth none fhall be admitted to be a lifted Trooper, but 
fuch whom themfelves or Parents under whofe government they arc, do 
pay in a fmgle Country Kafe for one hundred founds eftate, and in ot'hcr 
refpe<f\5 qualified as the Law provides: And xhe fame certified under tha 
hand of the Conl\able of the Town where they live. Ci^^3-!1 

Forasmuch as compJainfs have been made to this Court, of very great tnc- 
qualUy in \eeping' at^d maintaining of Military Watches, the burthen of 
thai fervice lying ntaniiy, if nal altogether upon fuch as hear Arms^ vehenfe' 
fleral perfons of good FJiate are free; /111 whtfh confidertd, 
W t- • '^ '^ Ordered, that henceforlh al! perfor>s whaSfoevcr, whhin this Ju- 
Mi^jary 8- jifdi<f\ion, who are liable to ferve in Ccnftablcs Watches, fhall alfo be 
liable to the like fervice in all Military Watches, either in their own per- 
fons, or by a fufficient fupp]y to be made by alt fuch perfons as afore- 
ftid, or fhall pay iwclvi pence m money, and that under the penalty of 
fve pi'illtugs for every fueh neglccft, to be leavicd by the Clerk of each 
Compatiy, by Warrant under the hand of the chief Officer of the fame. 



iVtereas 



tJ^thlary. jij 



W'Hereas lh)5 Court hath ainaiy provided for t^i wtU aritr\vi£ and „,;o, q^^,^^, 
frtiin^ the MiUtia^oJ this Comr/icn-vpea<th, as in the Low til. M\li- joia;^? po^'ti 
iiry, ^etfor-ofmufh as many Com^'laints art prefinleci to this Court, thatthefotd, li^/«V„u'o/(Ve 
Ordfr,^ art , not ^0 nltiTidci as ti Ui be 3(fred\ covfder/a^ theprefenl jgu/lure cou>t'^ be re* 
cf offous htiwKK our En^ljfh Notion and fonei^n Xnemtes^ who are new ^ 
nx^agtd m a Bloody War, vMch cafis fur a prudtntiaL endeaVOtAr of cur ox»n 
fofeiy a^ainfir any ,forre't£n hivpfwn or fuddoin Surprix.al, 

"Tliis Cou(i dcth (hcrefore Order and Enad, Thai t^e laid Military 
Laws bf by all perl'ons iherein meniioneH, forlhwith attended in all re- 
fp«f\s, And for the betrer effecting' (he fame, ths Major General is re- 
C|Uirfd forth wiln by warrant under his hand tc the Makers of ihe feveral 
TReginients, tortquiif them torviake dilig-enf incjuiry InJo Ih'j.flafp of the 
feveral Compdr>ie£ under their chaFgfe, and to be ccriifit'd under the hands 
of (he Commi/Tion oU'icei-^, or chit-f Offirers where no Commilfon Offi- 
cers are of each Company, of a!! 6t(ei\s of Arms, ^munition or other- 
wife in every refpecH ; knd ihe fatd Majors refpedively are required lo 
give fpeeay advjce to (he Major General what poHure iherr faic! Regi- 
rrjerjle ate in, and \Ajherem the faiiS Majors cannol of Ihemfdve^ forthwith 
make redrefs oi any riere(flj, ui the (d\d Comparie,s, the faid Majors with 
the advice of the Tvlnjor Gcficral have hereby power lo ofe all lawful 
meana to efTeA the fanne. 

Ar>(\ a!l inferiour Officers are hereby required lo yield ready Obedience rUe ftmrh pt- 
to a^l! fuch Warrants fent \o t>iem ty (he fajd Majors refpeOivcly, or Major lf*^urLtl'ti 
Genera^ upon the penalty of pve pounds f^r e.'^tfy fuch (3efefl, (o "be lea- «" 
vieclty difWfjt by Aich perfon as fhcfsid Major (-rcner-a) and M^jor'Jof the AiilheGnes to 
Regiments Oiall aeputf, whic>i faid f^nes fhsll be for a flock of Powder ^VcImII 
fo; tlie rai;3 Company vhere the defe<f>s arife ffom time to time. '°'"i* o-gpny 

^nd WKtre^s feveral Towns in th'ts JunfJiiiion, art npt utiMtheCom- 
moiti of cniy Serjiont Majcr^ as Dover, Portfmoulh, &c. afJfolhfTowm 
of the Counly c/ Hampfhiie ; 

It is Ordered, That Ihe Major General take care for reguialiag- of the Townr/hM ve 
Mitifary affaires of fuch Town.i, til! ihev arc brought under a Major as in ?°* "fy' ^'^' 
cfher Courrtics-, And aJI Milttarv Olllcers of fuch places are required obc- Cntlto^i^'^gu 
d:fncc tc (h& OrA^rs o( the Major General Uo\-r\ time ty time, upon the b'lh Vt'"^ 
penalty above mentioned for every dsfcQ. [\666,'} cmfra/'"' 



WHereas ihe Law, tit. Military Se^. 7. i-equires every Tik/mitn to hg 
coryifleatly furnifhed ( amcn^Jl other weapons Vfilh a fuffcimt Cpr/frt) 
This Court cD*ifidenyi9 {hgt Corfets are wantmg to many Souldms in ftvi- 
ral Comp/inies, anJ liaf fup^hes therein are not eafly to he attained^ 

It is therefore now Ordered, and by the Authority of this Court Ena- 
€ttA; That every Pikeman within this Juri'fdiction, fhall be compleatly p,Kemf.'i°prs 
turnitTied, either with a fuflhcient Corllet, Buffe Coat or Quilted Coat fuch vidtBuffcCo.fs 
3^ fhall be allov/ed by the chief Officer, under whofe co-iV^iiand thev from °^^^'""'""" 
time to time fhall ferve, upon ths ponalty in the rec'itcd Law already e«- 
prefledj anv Law, CuEoiHe 0£ Uiugs to the-, contrary notwithftonding. 



C c ?. Ttiis 



Ti6 Mines. 



T 



Hh CcUtI csnfidering the i'ncCikn c/ out Talent^ re^u1a}if^£ to the 
fating of c.ll Jldilitr.ry Offccrs in tk'is IwifdiUiofi ; 
Do hereby Order and Declare j That all CommiiTicn Oflicers that at 
prcfcnt are in power, are connrmcd according to tTicir rcfpcsflive Cojn- 
mifTions; but for the time to come v/here new are to bcchofQjiJt is only 
in the power of the General Court, or in cafe of emergency fort'nc Coun- 
^l^Ua^^ cil of the Commonwealth, to Nominate, Chaofe, Appoint, ard !mpov;er 
all CommJiTion Military Officers,* excepting the Major General, apd /.d- 
iriifal by Sea, the choice of whom arc otherwife provided for by Lqw; 
and for all inferiour Officers in Compa.iie:, they are to be chofen anrf ap- 
pointed by the ComrnifTion Officers of that Company, and where no 
Corrrmiffion Officer is by thie Major of the Regiment. [_t66S.'^ 



rir* 



He Court ccmfJemg that ihe Tijghnefrts are rmtUifVied fr'.m ihce U 

fx fmee ihe Lctvt rvas made, Teqv.ir'mg th Serjucnt Majors 0/ every 

Hegtment io dr cm forth his T^jgtm^t once in three yearS^ to exercije them 

Rcfiln,«laJ, in Military J) rfci^lmei , „ . , , k-t .- a. n , 

BKtioas Do Older, That henceforth the Regmiental Meetings ihal! be m this 

following Order 5 i.e. 

Snffolk^thls prefent year^ 'l6ys.' 

jv^or/o/j^ including the Cotiniy of Tortfmouth and 7)oi'ery iCjZs 

MiJdlefex Anno 1673. 

ToT\JhiTc Anno 1674. 

£(fcx Anno' 1675. 

JJotnpjhire Anno i6y6. 

And fo to be continued in this Order fucce/Tively from timctotrmc 
And the Majors of Norfolk, Torkflifre and Hatn^ftive are allowed io- 
"Wards their cxpenfe'j and entertainment, occaOoncd by {Kat fervjcc im 
T>minds a piece refped^ively for the time of that fervice, tc be paid by 
their rerpe<ftive County Treafurers. 

And it is alfo Ordered, That henceforth the allowance of twenty pounds 
a piece granted formerly to the Majors of the ihiee old Regiments, fhall 
be paid by the County Treaftirers rerpedivc[y, for fueh their frrv;cc, any 
thing contrary hereunto contained in the Military Law, Se^ 2. notwith- 
Itanding. C'^7^-3 



Ml N Z S, 



"pO'' incQltragcmertt cf fuch as wi^- aJvfnture for fhs i/ifeovevy of fWinesi 
Dirfofc^!rso( ^ J* '^ Ordcr^ by this Court, That -whofoever will be at the charge 
Mines to <w)o)' For the difcovery cf aay Mine within this Jurifdiifticn, fliall eqjoy Ine 
"j.^'°^'^°' ^* profits thereof, with a fit proportion of Land to the fame, for tw^:nty cnc 



Monej. 1 17 

■years to their proper' ufe, and alfo that fuch pcrTons fhall have liberty to 
purdiafe the intcrc-fc of any of the Indians in fuch Lands where fuch 
Mmcs fhall be found, provided they fhall not enter upon any Towns or 
perfons Propriety without his leave. [ 1 <?+;.] 

2. And cny Inhabitant within this Jurifdi(f\ion, that fh.^il have or 
finde any kinde of Mine or Mines -.vharfcever, in any of their own pro- 
prietios, the whole benefit and profit of fuch Mines arc due and fhall be- 
long to fuch Proprietor of Land wherein fuch Mine fhall be found, to them 
and to iheir Heirs for ever, as any part of their Lands, Minncncs; Pof- 
fefTioiw or Profits whatfoevcr, paying onely the fifth part of Gold and 
Silver Oar accordind to provifo, made on that behalf. 



I 



MONET. 



T is Ordered by this Court and the Authority thereof; That a Mint- ^,^2.}. 12. 

houfe be ErcQcd at Bojlcn^ and that the Mafter of the faid Mint, and 
all the Officers thereof fhail be fworn and allowed by this Court, or by sXn 
fuch as fhall be Authorized by this Court for that pnrpofe. 

Ard all psrfons whatfoever, have liberty to bting into the faid Mint, 
all BulHon, Plalc or Spanifh Coyn, there to be melted, and brought to 
AHoy of Sterling Money by the JVIafter of the faid Mint and his fworn 
Officers from time to time, by him or them to be Coyned into twelve 
tenny, (ix penny, and three fenny piece?, which fhall be /lamped with a , , ,. 
double Ring on either fide, v/ith this !n,cnption, MASSACLIUSETS coyn 
and a Tree in the center on the one fide, NEW-ENGLAND with the 
ycarof otir Lord, and the figure Xll. VI. 111. according to the value of 
each piece on the other fide, together with a privie mark, which fhall be 
appointed every three Months by the Govcrnour, and known oneJy to 
bim and the fv^orn Officers of the Mint. 

And further, the Mafter of the Mint afcrefaid, is hereby required to v,,„^^f k^^ 
Coyn all the faxl Money of good Silver, pf the juft Alloy of new oojn 
Sterling Englifh Money, and for value tvfofr,:c£ in the ,Jkilling of lelTer 
value then the prcfent Englifh Coyn, sr.d the lefTer pieces proportion-' 
ably. And all fuch Coyn as piorcfai^, ("and no other except Engliflij 
(hall be acknov/ijdgcd to be the currant Money of this Commonwealth, 
and to oafs from Man to Man in all payments accordingly within this 
Jurifdiuion. 

And the Mintmsftcr for himfclf r.nd OfRcers, for their pains and la- ^^^^^^^^^ j.^^ 
boiir Melting, R.efining end Coyning is alhwcd by thi: Court to takcc/t€ co,°i)%'g * 
[hillni^ out of every fws.i?^ fhillings, which he fliall ftamp as afoicfaid, 
and It fhsli be m the liberty of any pcrfcn, who brings into the NTint- 
houfe any Bullion, Pb.tc or Spannifh Coyn, to be prefent snd fee the fame 
Melted, Refined srd Ai'^yed, end then to r.^ke a P.c:eipt of the Mafter 
oi the Mint for the wcighf of that which is good 8'hir Alloyed as afc/v.- 
faid, for which !he Mir:- rnVccrfhrJ! d:'iv- hsrr. the hk' weight in currEnt ^,^;^^.^r,y^, 
Mcncy. vi^. every /hi llm to ■wC'^h ihfi'e pi>^ce Tn^ w^it, and IcfTcr prr.cs cc^n\ 
croporuonablv, dedusHine allowance for Ccynigc as before is exprefTed. 

^ ^ D d Ai^a 



1 1 8 Manfi 



r«,n( mafipfs £c And it is further Ordered j That a Committee bechofenby thisCcurt 

Know"*"*" *° appoint a Mint boufe in fome convenient place in Bofton, and to an- 
prove and /wear ihe Mafter and alJ the Officers, and to Order and De- 



termine what (hall further appear neceflary to carry on this Order to 
efFeii. 

•As4-hS' ^- And it is further Ordered j That no Inhabitant of this Jurifdicfilon 

or Stranger, fha'l from henceforth fend, carry or tranrport out of this lu 

§oT?.'h°W..d' "«.(flion, by Sea or by Land, direaiy or indireflly, any of the Money 

onpainof roq. that hath been or fhall be Coyned in this JQrifdiftion, except /\fi»h (hil- 

=»""' "'■'''^•e ii^gs for neceffary expenccs, on penalty of Confifca!ion, not only of fuch 

money fo Coyned, bot alfo all the vifible eftare of Inm that fhall any way 

be found fending or exporting any of the Coyn aforefaid, one third part 

whereof fliall be to the ufe of the Informer and Officer, the other two 

thirds to the Country. 

^nd that this Law may he duely ohfcrvcd-j 
^^'oMi'cd^ be The County Courts OialJ from time to time, as there fhall be need ia 
^f"'" ' 'BoftofJ, Charhtonn, Salem, Ipjwich^ Fafeata^ua, Ifles of Shcals, Sudhwy, 

and other needful places, appoint and Authorize meet perfons, as Searchers' 
to examine and fearch all Pcrfons, Veflcis, Packs, Truncks, Cherts, Boxes^ 
Of the like, that fhall be tranfporting out of this Jurifdicfiion, who finding 
any Money fliaii feize the fame, an3 forthwith inform the next Magi- 
ftrate thereof, who fhall iffue out his Warrant for the prefent feizure of 
the whole vifible Eftare of the party fo tranfporting contrary to this Law 
for the ufe of (he Common wealth j And for the parties fearchme or m- 
forraing as is above expreft. 

And it is further Declared, That all fuch Matters, Marriners or other 
pcrfons, fhat fhall be found to be privy or confenling to the exporting of 
To telle SD Cat), ^"y °^ ^^^ ^°y" aforefaid, out of this Jurifd^dion, he or they (hall for 
every fuch offence forfeit the fum of tweritj pcunds a piece, to be to the 
ufes aforefaid , And the feveral Searchers fhall take the Oath appointej 
lor Searchers, only in ftead of half, a third part to bcinferted, and in (lead 
of certifying the Auditor General, to infert to certifie the nextMagiftrate. 

FOr the better execution cf'ih Law fz^.6a. feH. 2, fcf ihe ytjiramng 
the Exportation of Mamey ^ 

It is Ordered by this Court and the Authority bereof, That the perfons 
hereafter named> viz. 

For 2o/io«, Captain lamet Oliver^ and Mr. Thomas Brattle or either 
of them. 

cema,iffionerff f^"" Chorbtom, Captain 7o^ o^iieft. 

♦o fearch fot For Salem, Mr. Edward !P alter, 

tt'^nc,,8cc Fo, Pafcataqua, Mr. Elics Stileman. 

For Marbleheai, Mr. Samuel Ward. 
For Dedhem, Enfign Ftjher. 
For 'Braimry, Mofes Tarn. 
For Malherowj Wilham Kerly. 
For Sprmgfeld, Laurence Bltfs. 
Be all and every of them appomted, impowered and required to feareh 
lor, and feize ell Monies of the Coyn of this Jurifdiaion, that/haUbefound 
or difcovered in any Ship or any other VefTel that hath weighed Anchor to 

depart 



tJffono^oUes. Oaths Suhfmpms, \i^ 



<!epart from t^iat Port where (he ladeth, or ell Aich Money that ^all be 
found m any perfons Pocket, Cloak-bag, Portmantle, or any other thing 
belonging to them, after fuch perfon hath taken Horfeback, to proceed 
and travail in his or their Joiirney out of this Jurifdidion, from, the firft 
Town or Station whence fuch perfons "begin their Travail : And all Mo- 
ney that fuch Searcher (hall finde ( except fo much as is allowedby Law) 
he (hall fafcly keep it until the next Court of the Shire, and then prefent 
the fame unto the faid Court j and if it be judged by the Court to be 
forfeited according to Law, then the faid Court are required to order the 
delivery of one third part to the Officer that feized the fame, and the 
other two third parts to return to the publick Treafury of the Country. 

And it is further Ordered, That the Searchers before named, are here- 
by impowred to break open any Cheft, Trunk, Box, Cabin, Cask, Trofs, 
or any other fufpeded place or thing, where they or any of them con- 
ceive Money may be concealed, and feize the fame : And alfo they or 
either of them are impowered to require fuch Affiftance from any Con- 
ftables or others, as to them may fcem expedient, who are to aid Ihem 
upon the penalty oi forty jhillingi fine for every neglcd. [_ 166^,2 



MONOTOlles. 



rr is Ordered, Decreed, and by this Court Declared; That there /hafi 
be no Monopolies granted or allowed amongfl: us, "but of fuch new in- 
ventions that are profiuble to the Country, and that for a fhort time. 



T 



Oaths Subfcri^tions. 



T is Ordered, and by this Court Declared; That no man fhall be urged jioOsfhaut 
to take any Oath, or fubfcribe to any Articles, Covenants or Remon- 'i^l",^ I^P"' 

_ rr^-v iTTrf^i iri t ^^ 1 (fed by tncGene- 

ftrances of PublicK and Civil nature, but fuch as the General Court hath rai court 
eonfidcred, allowed and required; and no Oath of any Magiftratc or of oScersOaib 
any Officer, fhall binde him any further or longer then he is refident or \°^ '""* ''"^" 
reputed an Inhabitant of this jurifdi(fUon. (v/fj-^l.] 

2. Forafmuch as divers Inhabilatits of this Jurifdiffion, who have long 
conlinued cmotigfl us, receiving' prote^ian from ihis Government^ have as we -^'J^ P-9' 
are informed uttered offenjivc fpeeches^ Tuhercij their fidetity to ibts Govern- 
went may juftly le fufpeOedy and alfo that divers Strangers of forredgn farts 
do repair to us of vnhcfe fidcUty we have not iha ajfurance vshich is cmmau 
f? required cf ell Gomimevts j 

D i z It 



J20 OfpreJJujyt. Payments. 



It is therefore Ordered by this Court and the Authority the" eof. Thai: 
the County Courts or any one Magiflrate out of Court, fhall have 
power, ar\cl is hereby Authorized to require the Oaih of Fidelity of all 
(l'"/f'"Jlt, »o fefMed Inliabitants amongfi us, who have not already la>.er, l>,e fame, as 
ikiscovrinm, gifo fo require the Oath under- wriiten of all Strangers, wlio aftei (wo 
Months have their Abode herej And if any peifon fhall refufe to take 
the rel'peflive Oath, he or they fhall be bound over to the next County 
Court or Court of Afliftants, where if he rtifiil lefufe, he thai' foifeit five 
founds a weclc, for every week he fhall continue m this Junfdlflion afier 
his faid refufal, unlcfs he can give fufRcient Tecu/ity fo the falisf6(rt!cn of 
the Court or Magiftrate for his Fidelity during his or then reddence a- 
mongfl; u&: 



Strangers Oaih. 



Tcu A. b. do acl^oVDledge your felf fubjeS io ihe LaW of this ^vri-f 
dinim, duTwg pur refdence under Ihts Covcrnmetit : uind do here Sweet- 
'by the ^reat Name of the Everliving G O D^ and engage your fclf io f>e 
true and faithful to the fonte, ard not to Flat, Contrive or Conceal any thing^ 
that is to the hurt or detriment thereof. £ 1^/^.2 



O 7PRESSI0N. 



"T? Or 4ti>oiditfg fuch mifehiefs as may follow by futh i»aifpof(dj;eyfons, asmay 
JU take liberty to ofprejs and wrong then Nei£l)bours^ by taking exceffrvg 
Wages for their vyork, or umeafonable frtz.es for fuch Mtrchanjiles or other 
neeeffary Commodtttes aS fhall fafs from Man io Man\ 

ft IS Ordered; That if any Man fhall offend in any of the faid cafes 
he fhall "be punifbed by fine or imprlroninenr, according to the quality of 
the cffcncc as the Couit to which he is prcfented, upon lawful tryal and 
convit^ion fliall adjudge. \_ i6js-~\ 



SAT M£i^rs. 



TT is by this Court Ordered and Declared; That all Contrads and En- 

ucb.stoBspi... - gagements for Money, CorT^ Chattel or Fifh, fhall be fatiihed in kirrde 

jnititkiqa v'oiv according to Covenant, or in default: of the very kinde contraOed for, in 

Aufttdfor one of the laid kinder, Provided that m fuch cafes where payment m 

kinde is not made according to -Covenanr, ad luft damages fhall 'he fafif- 

fied (together with the Debt) for not paying m kinde dccorcjng to 

bai^airi- 



Debts to be pii<t 



^etitmt. '2J 



bargain ^ And in no cafe fhall any Creditor be forced to take any other 
Commodities for fatisfa^ion of his debt, unlefg it be according to his 
Contrad^, lut it fhall be lawful for fueh Creditor to imprifon the party jj,j,,j,,^ 3 
till he make fatisfa(nion according to Covenant, or to take upon Exe- i„,hf vi?^ 
cution fui-h Goods, Houfcs or lands, gs fhall be to his fatisfaiHion ^ any '•o"*'^^ 
Law, Cudorne ci Ufage to the contmry notwill)ftanding. C'^/^'3 



Wffrrees the Lav tit. Payments pag ^3. Mh make Corn, Catlle 
and Fijh equal with Mona and to It patd aS Afcwy, when Money 
is iHtenckd fof, wh'ieh at thai hme wher, (he Law was mcide was as ^nad as 
Money, lut ytoui is otherwife, and provrih prejudicial ayid Dijuricus, as ex- 
fenence fhew'eth upor. fever ai accounts: i her fore as an yiddiiion to, and eX- 
^Lxnation nf thai Lnw:, 

This Court dolh Ordei* and EmO , That henceforth all ContraOs, A- AiIcon»r,fbt; 
grcements. Engagements or Covenants for any fpecie whatfoevcr, fha'l *a7"gtoHy' 
be paid m the fame fpecie Barpained for: Any Law lirage or Cuftome p«>mcM hi fpc- 
to the contrary nolwithfianaing. [_ 1670. j f'tr^tK. 



I 



p£ririoN8, 



T is hereby Ordered; That all Petitions to the General Court, which L.J^ tj. 

are of a common and ordinary nature, the Petitioner fhall pay on the 
dcliverv thereof to the Secretary or Clerk tw'' foillin^s fix ptnee for each 
Pcfitiosis: And all Petitions for abatements of fines, miifigation of pe- 
nalties, &c. (hall pay unto the Clerk or Secretary as aforefaid ff^jJ^r/Z/n/^, irY.Tp^'iirfoK 
And ail Petitions for GratiiKies, or that concern Controverftes between 't ""•Ccncfsi 
party and party. Town and Town fhall pay ten fhillin^s-. And all Peti- '^"'''^ 
tioiis for X^ebts, or other controverfies between party and party trou^ht 
from Iriferiour Courts, ftiall pay icnfhillinpj befides the charges of the 
Court d'Jiing the trial of fuch caufc. 

And henceforth no rctitition whatfoever, fhall be received into the Gc- j .. p t 
■ncral Court, after the firfl four dayes of the Court of Eledion, nor after 
the firft v/eek of anj^ other Seffion. 

Neverthelefs, It is hereby Ordered; That all fuch Petitions that con- 
cern, any engagement of the Country to any ptrfon, are hereby exempted; Time of Eotry 
And that any Magiftrate or Deputy of the Court may prefcnt any Peti. 
tion, wherein his own perfonal right is concerned without payment, and 
that thac fhall "be a true Entry made by the Secretary of the number of ^..^^ ^ 

■petitions that fhall be delivered to the Magiftrates, and the like account ^{'owfT^w^a 
fhall be kept by the Clerk of the Deputies, of all Petitions received "by secretary aod 
the Deputies, and all fuch fccj as arc produced by fuch Petitions, fhall ^r'"'' '^'"""^ 
"be received or fecured "by the Secretary or Clerk, and difeounted in part ' *"' 
of their Annual aliowaVicc. [^ li-tS^ j<f.J 



E e t'ipsfiaves. 



I2t 



'Pi^c-Jlflves. 



FITESTAVES. 



SttTChtTloi 

Filie /lives 



icorO 



Artfre of V\fB- 
(Uvcs 



Pip» (laves Siipt 
unfearch'd 10 
be forfeit 



SetrchttMh 
lowed 



Miftfrsof fbips 
receiving un-( 
fcarcUi llivej 
foiftitj !'• 



Bry Cisfc fti»es 



WZ/f/'f.jJ wformatjon hath ccme to this Court from forraign parts, of 
the infufficiency of our Pipe-Jlaves; efpcaatly ft regard cf'^vrorm boles', 
vhnehy the Commodity is lil^e to be prohtbtltd-rn the Je parts ^ to the ffeat da- 
mage of the Country ; 

It is therefore Ordered by this Court and the Authority thereof ; That 
the Selcd men of Boflon, Charljloxvn, Salem, Dover, Fonfmoutb, Kittcricy 
and all other Towns in this Jurifdi<ftion, where Pipe-ftaves ufe to befliip- 
ped, (Tiall forthwith, and fo from time to time, as need fliall require, no- 
minate two men of each Town, skilful in the Commcduy, and fuch as 
can attend the fetvice, to be viewers of Pipe flavcs, who fo chofen, fhall 
by theConftable be convented before fome Magiflrate, to be fworn dili- 
gently and faithfully. to viewjnd fcarch all fuch Pipeftaves as are to be 
tranfported fo any parts of Spaii7, Por'u^al, or within either of their Do- 
itiinions or elfcwhere, to be ufed for making of tigh'i Cask, who fliall 
caft by all, fuch as they fhall judge-noc Merchantable, Both in refped of 
yorm-holes and due Afljze, viz.. that are not in length four foot and half, 
in breadth three Imhes and half without fap, in ihicknefs three quartirs 
of an inch and not more or lefs then an eighth part of an inch then thne 
(quarters thick, well and even hewed and fufficient for ufe. 

And they or fome one of them, (liall at all times upon requefl: give at- 
tendance, and they (hall enter mto a Book the number of all fuch Mer- 
chantable Pipe ftaves as xhey Ihall approve, and for whom. 

And if any Man (liall put aboard any Ship or other Veffel any Pipe- 
Haves crther then fhall be fo fearched and approved, to the end to be 
ttanfported to any pa/fof Spain or Portugal, except they fhould bcfliip- 
pcd for dry Cask, he fhall forfeit the fame whole parcel or the value 
thereof, and the faid yiewcrs fhall be allowed two fhil/jngs for every 
tfioufand of Pipe ftavcs which they fhall fo fearch, as well the Refufe as 
the Merchantable, to be paid by him that fets them on work. 

And if any Mafter or other Officer of any Ship or Qthcr Veffei, fhalt 
receive into, fuch Ship or VeficI, any parcel of Pipe Haves, to be tranf- 
ported into Mny of the faid Dc minions, which fhall not be fcatchcd and 
allowed as Merchantable, and fo certified by a note under the hand of one 
of the faid Viewers; fuch Maftcr fhall forfeit fcfr every thcufand of Pipe- 
ftavcs fo nnduely receivifd five pounds, except he can procure one of the 
(aid Viewers to come aboard and fcarch fuch Staves as they fhall be de- 
livered into the Ship: 

Provided, Calt or Refufe Staves, or other Red Oak Staves may be 
tranfported into ihofc parts (which may be of good ufe for Dry Cask) 
fo as the fame be carried in diftin^ pat eels, and not inteimixt with Mer- 
chantable Staves, [ itf^tf.J 



Poor. Pofefitrt. izj 



POOR. 



IT is Ordered by this Court and the Authority thereof; That any Shire 
Court or any two Magilhatcs out of Court, fhall have power to de- 
termine all Differences about lawful fettling and providing for poor pcr^ 
fons ; and fhall have power to difpole of all up.fettled perfons into fuch 
Towns as they fliali judge^to be moft fit for the maintenance and im- 
ploymcnt of fuch Perfons* and Families, for tlie eafc of this Country, 

<^nJ. for the avoiding of all future wconven'icnces referring to the fettling 
of poor p£cpU that may need' relief fnm the place where they dwell-^ 

It is Ordered by this Court and the Authority thereof; That where any per- or-irnhnletrib 
fon with his Family, or in cafe he hath no family, '{hall be refident in any Town r>^>-'"- 
or Peculiar of this Jurifdicflion for more then three months, without notice gi- 
ven to fuch perfon or perfons by the Conftable or one of the Se!e(fl men of the 
fai j place, or their Order, that the Town is not willing that they fliould 
remain as an Inhabitant amongft ihcin; And in cafe after fi;ch notice gi- 
ven, fuch perfon or perfons fhall notwithfl;anding remain in the faid place, 
if the Selecft-men of the faid place fhall not by way of complaint, Petition 
to the next County Court of that Shire for relief in the faid cafe, and the 
fame profecutcd to cffeft ; every fuch perfon or perfons ( as the cafe may 
requite) ihall t^c provided for, and relieved in cafe of neceffity, by the 
Inhabitants of the faid place where he or (hee is fo found. 

And it is further Ordered, That each County Court (hall from time to 
time hear and determine all Complaints of this nature, and fettle all poor 
perfons according to dired\ions of this Law, in any Town or Peculiar 
within this Colony; and every fuch perfon ot perfons fhall accordinglyj 
be entertained and provided for by the Seletfi: men or Conftable of the laid 
place, at a Town charge ; And in cafe any Town or Peculiar fhall findc 
themfelvesagiievcd at fuch difpofurc of the County Court, they may Ap- 
peal to the next Court of AiT.ftants; And where any perfon or perfons 
cannot according to this Law be fettled in any Town or Peculiar, they 
(hall then be placed in any Town of that County wherein they are foundj 
according as the County Court fhall appoint, and their charges fatisficd 
unto them by the County Trcafurer, 



POSSESS 10 ^r. 



THe Ccurt taking irdo cmfideratlon the great neghff of mclyiy ptrfois, in 
the Infamy of thefe PlantationSyto cbferve any aire order or legal courfs ■"•^'' t- 
for the confrmation of fuch Sales and yHicn.tttovis of Hcufts and La^ds^as 
have ptifcd from m»n 'o «?<IM, which thng may federal Vfayci he of very evil 
CLiife![uence to Toflerity, 

E e 2 Doth 



"4 



Potters. Pound. 



Doth therefore Order and hereby Enatft; That any perlon or perfons, 

that hath either himfelf or by his Grantees or Affignes, before the Law 

made for dircflion about Inheritances, bearing date 08ober the mnetventh^ 

"""^M Mm'i!''d"' ^"^ thousand fix hundred and fifty two, PoffelTed and Occupied as his or 

wiibinsvfarf their ou'n proper Right, in fcc fimple, any Houfcs ot Lands within this Jurif- 

di<rtion, and Hiall io continue, whether in their own Perfons, their Heirs 

or AfTignes, or by any other perfon or perfons, from, by or under them, 

■without Diftuibancc, Let, Suit or Denial legally made, by having the 

Claim of any perfon thereto, gntred with the Recorder of the County, 

where fuch Houfes or Lands do lye, with the Mames of the perfon fo 

claiming, and the Quantity, Bounds of the Lands or Houfes claimed, and 

fuch Claim piofecuted to effeft within the tcarm' of five years next after 

the. twentieth of this piefent Maj>, one thcufand fix hundred and fifty jevtriy 

every fuch Proprietor, their Heirs and AfTignes fhall for ever after enjoy 

the fame, without any laWful Let, Suit, Difxurbance or Denial, by any 

after Claim of any perfon or pctfons whatfoever, any Law or Cufiome 

to the contrary notwithflandjng. 

And for all Bargains or Alienations made, or to be made after the a- 
forefaid time, that every perfon concerned therein, obferve the Direcftions 
given in the above recited Law, upon peril of fuffering all the damage 
that fliall accrue to them, sheir Hciis and Aflignes by negle«n thereof 



PORTERS. 



^.jS.i.if)- 'TT' Here leing a very great ahufe in the Towns of Tojlcn and CharJstowH^ 
1 by Porters, rrho many times do require and cxaO more then is jujl and 
7ighteous for their Labours ; 

Iris Ordered by this Court; That frcm henceforth the Selefl mea 

o'/J"cl^*°y^he ^^ ^^^ "'^^d Towns from time to time, fhall have power to regulate in this 

Stkiiwe.i cafe, and to ftate their Wages, as in their underflanding fhall be moft 

juft and equal, as alfo to determine what perfons fliall be imploycd 

therein, \_i6ss-2 



^omd. Pound breach. 



[■Oc prevemm and due Yeco>n^er,ce of damages in Com fields and ether in- 

clofures donehy Swine and Chattel', 

Poima'n every |t ,5 Ordered by this Court and Authority thereof. That there fhall be 

one fuificicnt Pound or more, Tnadc and maintained in every TowtJ and 

Village within this J urifd 1(^10:1, for the impounding of all fuch Swme 

and 



F' 



Town 



Powder. J ij 

and Chattel as (hall be found in any Corn-field or other inclorure. 

And whofoever Impounds any Swine or Chattel, fha)i give prefcnt no- 
tice to the Owner if Tie be Itnown, or otlierwife they fliall be cryed at 
the two next Le<flures or Markets; And if Swine or Chattd cfcape oilt ^'^ s7f-24- 
of Pound, the Owner if known, fhall pay all damages according" to Law. 

And every perfon or pcrfons having notice given them, or otlierwife 
left in writing at their Houfe or place of their ufual abode, of any of ^^,,,^ ;^^,„„. 
their Chattel impounded or otherwaycs Retrained, fhall forthwith give draiobetc^in 
falisfa(f\ion to the party To wronged, or otherwife Replevie their Chattel, 1-'^,;^,^'""^' 
and profccute the fame according to Law, upon peril of fuffermg all the 
lofs and damage that fhall come to their Chattel by ftandiqg in the Pound 
or other lawful place of Reftiaint. ^'(i'fSj 47, 57- 3 

2- And if any perfon fhall refffl- or rcfcue any Chattel goi.ig to 
pound, or fhall by any way or means convey them oilt of Pound orotlier ^ f^„„,n4 
Cuftody of the Law, whereby the party wronged may lofe his damage-s, jcmii b»e»tft 
and the Law be deluded, that in cafe of mcer refcues, the party fo offend- 
ing fhall forfeit to the Ttcafary forty Jhi/lm^s. Fincor 

And in cafe of Pound breach /vr founds^ and fhall alfo pay all damages 
to the party wronged, and if in the refcues any "bodily harm be done to 
the perfon of any Man or other Creature, they may have remedy 
againft the Refcuers; And if cither be done by any not of ability to an- 
fwer the forfeiture and damages afoicfaid, they fhall be openly Whipped '" 
by Warrant from any Magiftrate before whom the offender i5 convid^ed 
in the Town or Piaotaiion where the offence was committed, not ex- 
ceeding twenty prices for the mcer Refcue or Pound breach ; And for all 
damages to the party, they fliall fatisfie by fervicc, as in cafe of Theft. 

And if it appear there were any procurement of the Owner of the 
Chattel thereunto, and that they were Abetters therein, thev fhall pay 
forfeiture and damages as if themfclves had done it, (7'<^47-D 



POWDER. 



WHerMs l>' fe^^'jY of the CovfrmietTf in Ensland, ftver^l quantVks 
of Powde-r and other yimurtitinv are yearly Imforle'd into this fiirtf ■^■^^-F-J' 
did'tonfor our -.lecefjnry ufe an J defence; ^fo the e>id the fcn^our we recdive 
may not he e^bufcd, nor our ft Ives Deprived of the juji and ne»Jfary ^fe 
thereof- " 

Jt is hereby Ordered and Ena<ned; That all Merchants or others, 
that fhall import into th,s jurifdiaion cither Powder, Lead, Bullets Shot, u^tVi^ 
or any Amunition whatfoever, fhall give particular notice of the quantity w.tb.vpab- 
tnereof to the Publick^ Notary^ upon the pain and penalty of foriy ''''^'^''""» 
•founds., withm one Month nficr the Landing of fuch GocdC; who is 
hereby cnjoyncd to f^kc f articular notice of the fame, with the Mark 
and Number, and faithfully to enter the fame in a Book, and the 
Names of the Perfons to whom they are fold, or into whofe Cuftody or 

F f power 



ll6 Frefctiftions. Trifon, 

power they are committed, that he may give account thereof upon Oath 
to the Govcrnour, Deputy Govcrnour cr sny of the Council from time' 
to time; And the faid Notary is hereby prohibited, upon the penalty of 
one hunc'.red ptun^Sy to grant Certificate to any Merchant or other of any 
fuch Goods bur fi:ch as he fhall have particular notice of, and cntredas 
aforefaid. 

i^nd to the end this. Order mayb: dtidy ohfervcdf and that no perfon 
may plead iqnorance thereof'^ 

It is hereby Ordered, That the Captain of the Caftle fball upon the 
arrival of any Ship or VefTel in the Maffachufets Bay, from any forr.aign 
parts, give notice of the contents of this Order, to the Mafter cr Mer- 
chant of any fu'ch VefTcIs, and the Conftablcs of all other Port-Towns in this 
Jurifdidion, are hereby required to do the fame. {_ i6st.~^ 

2, And it is further Ordered; That no perfon (except for the de- 

L.i.p,4s- fc"cc of themfelves and their VeiTels at Sea) (hall tranfport any Gun- 

■powdcr out of this Jurifdiftion, without licenfe firft obtained from feme 

two of the Magiftrates, upon penalty of forfeitir^g all fuch Pov.'dcr as 

(hall be tranfporting cr tranfported, or the value thereof. 

yind that there may be no defeii for want of an Offeer to take Care 
herein ; 

This Court, the Court of Affiftants, or any Shire Court, (hali appoint 
swrchers for-^ meet perfons, from time to time in all needful places, who have hereby 
\tt^ power granted them, to fearch all Perfons and Veffcls that are or any 

way (hail be fufpicious to them to be breakers of this Order, aqd wf)at 
they finde in any VefTel or Hands, without licenfe as aforefaid, to feize the 
fame, and to keep the one half to their own ufe in recompencc of their 
pains, and to deliver the other half forthwith to the Trealuref. \_164fj 



FrefcriptioMS^ 



IT is Ordered, Decreed, and by this Couit Declared; ThatnoCuftome 
or Prefcription (hall ever prevail amongft us in any Moral cafe, (our 
meaning is) to maintain any thing that can be proved to be Morally fin- 
ful by the Word of God. L "^-^ '0 



Frlfomrsy Frlfon^ Houfe of CotYeUwn. 



Prifonors carti, TT- 13 Ordered ; That fuch Malefad^ors as are committed to any common 
cajt ilieiro«,n J. Ptifon, .(hall bc conveyed thither at their own chaige if they be abl^j 
"^"^^ othetwife at the charge of the Country. £ 1 646^ 



^rifen. 



izr 



Z. For prevention and re^efs of many fnifdeiTieariours and evil iraQifet 
daily mnaftng-^ ' '^.jj p. lo. 

It is Ordered, That there (ha)! be an Houfe of Corrccftion provided m 
each County, at the Counties charge, to be fettled, ordered and improved a'^mcjch"*' 
as the Magiftraces in each County Court or Court of A/riilanislhallacree '^"'"'^ 
and direift. 



3. And it fhall be in the power of every County Court to makr life 
of fucli Prifon as is at prelent cre<ncd in the County, for an Houfe of 
Corred^ion, till Houfcs of CorreiHion be provided and ftnifhed. 

Alfo to provide and Autliocize the Keeper or feme meet perfon to be 
■Mafler of luch Houfe as they ftiall judge meet; And the Se/c<fb men of 
the Town where fuch Houfe is appointed, (hail procure in the mofl- pru- 
dent way, foine competent ftock of Hemp, Flax, or other materials, and 
upon account, to commit tlie fame into the hands of the ^fefl^ of the 
Houfe, to be imploycd at bis difcretion by the labour of fuch Delinquents, 
as fhall be committed to him by Authority, and the flock being in' value 
or kmde preferved to fuch as put in the fame, all the benefit attained by 
the labour of the perfon committed, fhall be to the ufe of the MaAer 
allowing only fo much as will keep ihe Delinquent -with nece/Tary Bread 
ahd Water, or other mean food out of the fame, or f/x fence out of the 
jyHmg earned by his or her labour. 

And at the firft coming into the Houfe of Corrcftion, theMafterihere- 
of, ot any he fhall procure, or the common Corredlor refiding in the 
Town, fhall whip every Delinquent, not exceeding ten /irifes, and after 
fhall imploy him or her by duely ftint, and if the parry be flubborr, <Jif- 
orderly or idle and not perform their task, and that in good condition 
the Mafter (hall correft them or abridge them of their food, as the caufe 
fliall require, till they are brought to fome meet order. 

And it (hall be in the power of one Magiftrate, to commit idle pcr- 
fons or ftubborn perfons againft fuch as have Authority over them, Run- 
awayes, Common Drunkards, Pilferers, Common nightwalkers and wan- 
ton perfons, as tending to undeannefs in fpecches or Ad\ions, 6'c. 

And It fhall not be in the power of the Mafter to deliver out of the 
Houfe of Corrc(ftion, unlcfs he hath a Difcharge or Warrajjt under the 
hand of a Magiftrate; and if the Delinquent be committed by the Court, 
not to be delivered but by order of the Court, or under the harid of the 
greater part of the Members of the Court. £ tS^^, jj, s2 j 



^*j7.f.2S' 



Coanty fourt 
lo zppo\n\ 3 
Maft»r 

Srjeft men <o 
rulilowork 



Mafter* f«» 



JP«lftiqao«it fo 
be cojit&fi 
& Iwpt {o rerk 



One Uasiftrate 
maycnmvilt 10 
iKe UtMtc of 



o 



^N Complaint of the Keepefofthc Prifon^ then fome Makfallm ard 
' other Tnfcners have made .efcape, by means of fome evU-diJpopd terfons 
that fufply ihem with Inflruments to effe£l the fatm; 

It is therefore Ordered by this Court and the authority thereof, That 
if any perfon whatfoever, fhall any wayes, either diret^ly or indireftly 
convey any JnArument or other thing whatfoever to any Pri loner, ty - 
which fuch Prifoner or any other Prifoncr, either fhall, may, or might b'tA'^j tJ 
break PriCon, or work him or her felf unlawfully out of the fame; if it ***'^'"" 
were for Debt, fuch perfon fo tranrgreffing fhall pay the full Debt, and 
inctirre the penalty or forfeiture of as much to the Country, or undergo 
fuch Corporal pumfhment as the Court on whofe proceedings fij'di ini- 
priiooment followed, or the Court of AMants fhall impofe, order or 
appoint. 

F f a. ^d 



J28 Trotcfiaiion. 



And if any Piifoner commi tted for offence or offences, CriminaJ or Ca-- 
yltal, fhall by fuch wicked compliance of any perfon, break Prifon or 
make efcape out of Prifon, or "be found in preparation thereunto, the per- 
fon or perfons which diredly or indircdly conveyed fuch Infliuincnts, 
Tools, or other things, whereby fuch Prifoner ftiall or migFit work his or 
her efcape from Prifon ; fuch perfon fhall be liable to the fame corporal 
punirtiment whicli the Prifoner was liable unto, and alfo incutre fuch fur- 
ther penalty by Fine, Imprifonmenr, or Corporal puniniment as the Coun- 
ty Court, Court of Afliftants or General Court fhall appoint : So that 
where the Prifoners ate not aflually escaped, in fuch cafes any Court to 
moderate as they fball fee meet. 

And if the efcape of any Prifoner appear to "be through the fault or neg- 
lect of the Jaylor, he fhall then be Viable to fueh penalties as the Pri- 
foner was, according as the Court -which hath cognizance thereof fhall 
determine.' [_i66p.'^ 



TN /yifwey to fome !^ejlms propcun^jed by the Keeper of the Trifon for 
his Jneffion in the execution of his Oj^ce j 
Pnfon°k"ptrs This Court do Declare ; That it. is the duty of all Prifon-keepcrs 

from time to time to prefent a true Lift of all Ihc Prifoners to Pjch 
Courts of Judicature, as arc properly to take cognizance of their crimes, 
and not to difcharge any their ciiflody, but by the Authority of the Law 
■warranting the fame, and that the Court or other Aiithority taking cog- 
nizance thereof fhall determine the Cofls to be allowed the Keeper foe 
maintenance of the Prifoner, as alfo by whom he fhall be fatisfied, and 
that where any are committed in any civil caufe, llje Plaintiffe at whofe 
fuic he is imprifoned fhall fecurc the Keeper all his neccffaiy expenfes 
during his Imprifonment, both for Food and Phyficfc, and other neccfTa- 
ries for his livelihood ; And in cafe of his negledt fo to do, the parry im- 
-prifoncd taking bis Oath before any Maginrate that he is not worth five 
founJtj the Keeper fhall not Itand further cliarged with him, but maydif- 
mifs fucii Prifoner his cuftody; Any Cormer Law, llfage or CuHome to 
the contrary notwithf^anding. 

And it is Declared by this Courf 4 Jhat tfia ordinary allowance to be 
■made for the Food of any "Prifoner (half- be Iwo (jii/lin^s fxpence the 



Week. C^^^iO 



proteflatiom contra Tijmcnflrance. 



f.t.riyiocnur tT is Ofdcfed, tiTi^ by this Court Declared; Tfiat it Is and fliall be in 

, dttrent m ci- J_ jj^^ hbcrty of any Member or Members of any Court, Council or civil 

fes'ticoui /ifTcmbly, in cafes of making or executing any Order Ltiat properly eon 

cerneth Religion, or any caufe Capital, or Wai?, or Subfcript.'ons fo any 

publick Article or Remonftrance, in cafe they cannct in Judgement and 

Coftfcience confenc to that way the tr.ajor vote or fuffiage goes, to make 



Punifhmtnt, Records , uji 



their Contra Remonftrances or ProteRation in Speech or Writijig, and 
upon their Requeft to have their difTent Recorded in the Rolls of that 
Court, fo it \i€ done Chriftianly and "P efpe(5live!y for the manner, and the 
dillent only be Entred without the Reafons thereof, for avoiding tediouf- 
nefs. [_t 641.2 



Funijhmentf Toriure, 



IT IS Ordered, and by this Court Declared; That no man fhalJ be none poninica 
twice Sentenced by Civil Tuftice for one and the fame Crime, Offence t*'"^*"^" 
or Trefpals- 

^nijor "Bodily PuniJhmeHts; We allow amongft us none that are In- /,. /o.j-o. 
humane, Barbarous or Cruel. 

And no Man fhall be beaten with abo\c forty Jirifey for one Faft at No>,bove40 
one time, nor fhall any Man be punifhed witb Whipping, except he have i*t<p^ 
not otherwife to anfwer the Law, unlefs his Crime be very fliamtful, and 
his courfc of life vicions and proflrgate. 

And nc man fhall be forced by Torture to confefs any Crime againft ^j^ {nrdirc u- 
himfelf or any other, unlefs it be in fome Capital cafe, where he is firft fore conviaioh 
fully convicted by clear and fufficient evidence to be guilty, after which 
if the cafe be of that nature, that it is very apparent tfiere be otber Con- 
fpiralors or Confederates with him, then he onay be Tortured, yet not with 
fuch Tortures as arc Barbarous and Inhumane, 



7{jcor4fy Rtcorders^ CUrkf. 

WHcncas Tl^coriscf the Fiftdenee, v;hereufm the Veritff anS fudge- 
mtrrt in caff\s doth fd/i, betug duely enireJ and \e^^ mould be of^ood 
ufe, both fvr frefrdents; and ix> fuch as JkaU have jujl catcfe to have iheim 
cafes Jttvitned,^ 

It is therefore Ordered by this Court and the Authority thereof Thai -^J^-l 'S 
every Judgement fiven in any Court, or by one "Magrftrate, or by Com- L F i j. 
miiFioners, fhall be Rteorded in a Book, and all th« Evidences ( which 
ate to be given in, in Writit-g, in fair and ler^e Papers) fT^all be ke{)t, 
and the party for whom fuch evidenct is bronght, fhall pay to the Kc- 
eorder or C/erk of the Court for filing and fafc keeping the fame tivoj>e«cf Brf^aicoiote 
for each evidence-, and the foreman of every Jury fhall faithfully deliver ^"'""" ""' "^ 
op all fuch Teft.monies or other Wntings commrttLd to them, unto the tobftepion 
Recorder or Clerk of tbe Court, when they give m tlieir Verdiifl tn every ^"* 

O g And 



130 Records y Reorder. 



And the Fees of the Recorder or Cktk of c/ety Goanty Court fhall 
^•S7.t.2i> be as followcth, for tranfaibmg a Copy of say evidence far e\ftry page 
lUeofdefs r s ^^^'^^'^'^g of fwfwy eight or ffcjrf)' lines, ef^^? Tre?rrfs in a line fB't^/P^ ^f^f fc , 
'" and proportionable to tf;^Ar;)f«ce a page for vuhat it doth exceed j For 
entry of a Mortgage or Sale of Houfes or Lands vefbatm^ not exceeding 
S page as aforefaid, tvpehe ptna^ and proportionable to ei^ht fence a page 
for what it doth exceed ; And for Attefting the Record on the Oiigtniil 
Deed y«c jFKce, and in like imnnci' for Wills and Inventories, with fix 
fthee a piece for filling up the Original and fafc keeping thereof j And for 
cntring an Order for the determining of an Eftaie of fucli as dyed Inteftate, or 
other, wherein the Court is ta give thtir approbation or determination 
twflve fence , And for Entry of the Examination and Proceedings of this 
Court in any Criminal Cafts or Prefentment, with tlie Judgement of the 
Court therein two jhi/lin^s and fix fence ; And for Entry of a Recogni- 
zance twelve pence, to be paid or fecured in Court by the Delinquent par- 
ty; And for Entring a Judgement acknowledged twehs- fence; And for 
L,i.S 7 Entry of an Aftion one fi}i/lm£ frx fence, and a judgenricDt thereupon fix 
fence, and for making an Execution two fiitHmis. 

flWhj Deaths ** ^' '* Ordered; That the Clerk of Ibe Wtstts in the fbveral Towns 

uttrit^a fhall Record all Births and Deaths of pcrfons in tTicir Towns, arid for 

every Birth and Death they fo Record, they fliall "be allowed three fence, 
and they fliall yearly deliver in to the Recorder of ilie Court of the ju- 
rifdiftion where they live a true Trarifcript thereof, together "Wrth fo ma- 
ny fence as there are Births or Deaths to be Recorded. 
ITTo'Sr And all Parents, Mailers of Servants, Executors or Adminiflrators re- 
IhsClCTH* fpti<aively, (hall bring in to the Clerk of the Writts, in their fevcral 
Towns,, the "Nanaes of fuch perfons belonging to thejn Or aViy of them, 
as fhall either be Born or Dye. 

And alfo every new-Married Man Oiall likewife bring a Certificate un- 
der the hand of tTte Magiftrate which "Married him unto the faid Clerk, 
to be by him Hecorded, who (hall be allowed three fence for the fajne, 
and the faid Clerk fhall deliver as aforefaid unto the R.-corder a Certifi- 
cate, with a fenny a Mame for Recording the faid Marriage : And if any 
perfon fhall negleft to bring a Mote or Ccrtificale as aforvfaid, together 
with three fence a >Jame to the faid Clerk of the Writts to "be Recotdea, 
?fliat»jornD» more then one Month after fuch Bir^h, Deaih or Marriage, he fhall pay 
ccrtifjiDg tytche fmee to the faid Clerk, who fhall demand the fjme, and in cafe 

ar.y ftall refufe to fatififie him, he fhall then retwn the Name of fuch per- 
A.s4-t24. fon or perfon« <o the next Magstlrsteior Comntfi'ionersof the T:wn 
where fuoh perfon dwells, v/ho ffiall TeRd for the pany fo reiufuig ; Aud 
in cafe "he fhall flill ^jcfift theie'Ti, fhall g:ive Order to the Con-' 
ftahle to leavie the Jamc: And if eny C;erk of the Writts fl^I 
negleft his doty hereby enjoyncd, he fliall pay the fo!lov7irg penaEpee, 
cicT^K) feijflrt. mji. for negl?^ing a yearly return to the County Court f^e founds, an^ 
fcc^Jo'tV""" fc neglE^ ^ returning tbe name of any perfon returnable by this Order, 
coumjrco«n1 whether Botn^ Married orX^cad, mere then tJ^irty dayos before his return 
to the County Court five fiitUhns, and that no net Soft may be herera hr 
the fotnrc, we Clerk of eac'h Counfy Cotut is ht\xhy eivj^yned fr«?m tiae 
to time, to csrtific tlie Ccymy Courts refpfd^ively the Names of afi fiJch 
Clcrk/s of fhe Wrirts, who fh'^ll neglcd^ to make their yearly rerarn fic 
cording to this Law, who upon fuch notice grvCD, fball fend for fuel? 
Ckrks, and do in the cafe as the Law rtquiMh. 

3 It 



Rtocrdi^ RecGfder. 131 



3. It as Oifdcred and Dcckred, That every man fhall have liberty to 
Re©6r5 in the puWiok 'Rolls of any Court, auy Tcftimony given jpon ^''•^^(■^ 
O&'h m the fame Court, or before two Magiftratcs, or any Deed or Evi- ... , 
deuce legally ctjnhrmcd, there to remain tn pcr^nuam rei Tncmonam. «rj |^rti/ne.^■^ 

hoi that every Inhatiliant of the Country, fhall have free liberty to ^"^ tyiieo.af 
fetuA ari view any Rolls, Records or Regirtere of any Court or Office, r,^',j,P"''''* 
except of the Council, and to have aTranfeiipt otExempSification thereof, 
WriLten, Examined and Signed by the hand of the Officer, paying the 
acc::ftomcd fees. 

And if any perfon or perJbn repairing fo any publick Officer of this A,j2.$.f, 
Jorifdi£tion, to view any Record or Writings committed to his charge, 
Ihall wittingly and willingly JDefacc or Rent any fuch Record or Writing, 
upon complaint of fuch Officer to any Magiftfate, and proof by Oath of 
tire fa\d Officer, or other fufficient Wicnefs, every perfon fo offending 
ftiall forfeit by the pafty concerned therein trehle the damage that miglil 
havx cnfued or cccrucd to him or them Iherfeby, and fhall alfo b& .fined 
as much ro the Country, or fuffer two Months Imprifonment without ^™/^JcMd*'^ 
Barle or Mairt priie, or ftand in the Piilory two hours m Bofton Market, 
■with a Paper over his head wrilttn in Capital LetEers, 

A DEFACER OP RECORDS. 

the fpecial or particular punifhment to be determined by the next County 
Court where the Offence was committed, and fhall alfo ftand bound to 
the good Behaviour, during the pleafurc of the Court. £ f^sft 4-^* 43i 
44j -^7, SZi J7- 3 



R^fohed ufpn the Quephn^ That the words 'RoIUy Tjeords, or Jlepjler ^'f^^-^- 
of any Court or office contained in the Printed Laws, iit Rtcordi^ dc. Jir^'tBot Ccfie?? 
SeU. 3.pa£. 69, are to be Interpreted and underftood only of fuch Ads of ^^' 
Court as concern particular perfons in matters of Jufticc, Licence, Grant 
or Approbatbn, or of fuch Laws as are of publick coricemment% 



vv 



H^eai ly reason that the Orders of this Court y referring to the Com- Sprfantiitmnr. 

miffionatm£y Appointing and Impoming any particular perfon or per- ^^^^'''If^maUcrt 
fcm for any fpecial tfuji, vegotiation or other ntaitcr as from ttxni to itwe of pubiick. cor,- 
do arife^ are not duely and fiafonably Tranfcribed avd Ddiverea to thofe '^^^^J:^^^ '* 
conteyr?f:d thertin, the expeSatson of ths CoUrt « m^j times dtfappointedj 
and damage to the puhUck. doth tnevAably ac:ruei 

It IS therefore Ordered by thh. Court ; That the Secretary, from tinie 
to iime, wUhJn teft dayes after the end of tvery Scifions of the General To it.* MubtU 
Court, fhall Copy cut all furh fpecial Orders of this Court a^ sbovefaid, ^""'' 
and deliver the fame to tht Marihal Gent.al, who fhall receive the fame 
at the Secretaries bgufe, end take Ojdtr for the fpecdy and certain con- 
vey r.nce th3reof, to thofe who.-n thry arc tfpeciaJly diredied imto; \nd 
for fuch Orders cs do rcqajre a mcse ipecjy ^ifpa':ch th^n the time a- 
bove liraiied, the Ogicers above iiasr.ed ftall accoidtngiy liaflen the 
fame. 

G £ s Alfo 



»3* 



JirfUvin: Sabbath, 



Alfo Ihe Marfhal General Oiall ftom time to time receive all Wairatrtg 
MaiRiaiCeiwrsi diaf arc to be fcfit to the fcveral Towns from the Coumry TieafiiTcr- as 
V^rrtfurtw mi aJfoihe Laws that are at any time to be publifhed^ either Printed or 
^ Written, and caufe them to be delivered according to Ihe direi^ion givea 
him from the Treafuter Of Secretary, [^idSe.'} 



Secretaries 



HEP L e y I ir. 



IT Is Ordered aijd by this Court Declared, That every man fhall have 
liberty to Replevie his Chaltel or Goods Impounded, Diftrcined, Sci- 
ied or ExJeiided, unlcfs it be upon Eyecrution after Judgement, anS la 
payment of fines ; ProvixJed he put in good Sfcufily to. profecure Ihe 
I^eplevm, and to fatisfie fucK Demand as >.i3 Adverfary fhall recover a- 
gainft him inlaw. l,i£4''J 



SABBATH. 



UPen loform/riwn cffuv^rj ey^hufes anci U^ifdenJeHMours cemmitted by 
-wv-< divtrs Perforts on the Loxfs-day, not only hf Chtldr/n ploying m the 

Si'^etti (fud other pUtis -^ Tut V Toulhs, Maids and other ffrfons, bet'h 
StreH^ers and oihcrs^ uncivil) walking in the StreeU.and Fidds^ tr/iselling 
from Town 1o Town^ ^'^'*^i 01 Shi^-boardy frequenting ' Comwm- Houfis and 
other places to "D'inl^, Sport or (jiherwife to mtfpend ihol precious iime^ 
•which thing ten/ft mucl? to the Difhonour of Cod^ ihe 'J{jproach of ReHgicn^ 
Grieving the Souh of Cods Servantt, dnd the Pro^hanaiton of *« Hcly 
Sffbbeth, Iht Sanfltfieattm whrreof is fometjmes put for ifll Di'ttes^ iwmeai- 
alely r/fpeding tl;e fnme of god contained in the firfi Table -^ 

It is tficeforc Ordered by this Court and the Authority therccf, That 

no Children, Youth, Maids or ot))er pcifonsfhal! tranfgtcrs in the hke 

kinde, on pmaUy of being reputed greal provokers of the high ^ifp'tafure 

0/ the AJmigljty God, and further incurrc the penalty hereafter cxprelTed, 

viz. That the rarchis and Goverriours of all Ch'Idren above feaven years 

old, (not ihat we approve younger Children in evii^ (or the firft olfence 

it) that kiade, upon ^oe proof before any Magtftiate, tomrnifTioncr or 

€eic6'man of the Town where fueh offence IhaJl be comnutted, fhail be 

Admonifhed: For a fee orsd offence, upon due proof as aforefsid, fhal! pay 

asa f.ncfivr f/itlings; And for a third offence, upon due proof as sforefaid 

Un fhiliin^i-, Arid if they fhsli agein offend in that "kmde, they fhall '^e 

preicnteH to the Couoty Court, who fH»ll augment punifhmcnt according 

to (hf^TXirit of the Pa(ft. 

And for all Youths and Maid5 above fourteen years old, and all elder 

perfons 



frOfhu'Kfsot 
ihe SabbUt 



r«firtly 



Sabbath. J 33 

perfons whatfoever, that (hall offend and l)e convid as jtforefaid, cUher 
for Playing, oncivil Walking, Prinking, Travailing from Town to Town, 
going on Shipboard, Sporting, or any way mifpendiDg that precious time, 
{hall for thf firft offence be admonifhed, upon due proof as aforefrt'id, for 
a Cecond Offence, fhail pay as a fine five Jhil/in^s^ and for the third of- 
fence ten [hitimgs., And if any fhall further offered that way, tbey fhallbe 
bound over to the next County Court, who fhall augment punifhment ac- 
cording to the nature of the offence : And if any be unab]e or unwilling 
to pay the aforefaid fines, they (hall be whipped by i\]e Gonftable, not 
exce&iiT\g five jhifes for i«n fiiilUn^s fcne, ar^ this tobe undcrftood of fucK 
offences as fhall be committed during the Day light of thelords day. \_t^Js2 

2. .wWMJ"fcj)| too fad experience, it is objervedy the Sun.betnj fet, hcth 
every Sailerday, and on the Lords day, young peep ft and others take liberty ^- ■^^• 
to vtaWt^ and [port themjelves in the ftreets or fields, in the feveral Towns 
of this JurifdiOion, to the Dtjhonour of Cod, and the Difiurbaace of others 
in their Religious extretfet, and too frt<iuently repair to puhlick^ Ji^ufes »f 
Entertainment^ and there fit Drinkinr, <tll which tends not only io the 
inndrmg of due preparation for the Saovalk, bid as much as in them ijtih 
xenders the Ordtnanees of God unpTDfilablt, and threate-s the roofing out of 
the power of Godli?tefs, and procuring the vrath and judgement of God upon 
us and our pofitrity \ For prevention whereof ^ 

It is Ordered by this Court and the Authotity thcf£oi^ That if ^"7 T>rinkl ^ 'n Cr. 
perfon or pCrfons henceforth, either on the ^tterday night, or on the a\^'>r>eF,(ttv '^' 
lords day-night, after the Sun is fet, fhall be found fporting in the ftreets ^'"' ^" 
or fields of any Town in this jurifdiOion, Drinking, or lieing in any 
Houfe of pubhck Entertainment ( unlefs Sfrarrgejs or Sojourners in their 
Lodgings) and cannot give a falisfaftory Reafon to (bch MagifVrate or pe(\iH 
Commiffioncr in the feveral Towns as (hall have ^he cognizance thereof: 
£tery fuch perfon .fo found complained of; and proved Iranfgrcffn^, fhall 
pay /Jvf p^iflings for every fuch Tranfgreffiocr, or faffer Corporal punifh- 
nient as Authority aforefaid (hall aetennine. [ i^sS.J 

THis Court being /e«/7Wp, that through the wichfdpradifes of mmy perfons, 
who do prophane Gods ^cly Sabbaths, and contemn the publ'ck^ Worf.:ip of 
his Houfe, the Name of God is greatly dijhonoured, and the Profefion of his Peo~ 
fie here 9ri:citlyfcandalix.(d, as tending to aH Trofhamnefs and Irrdifion ; As 
alfo thailyreafmiof the late Order of Odlob. 2o. 166}. remitting the fnrsrm- 
pfed orffuel to theufe of the feveral Towm , the Lc.ws m.ndr. for r(cla7mn(^ fuch 
I.Mormities are become ineffe&val y 

X)o therefore Order and JEna^ ; That henceforth all fines impofed according- 
^oLaw for PropljanationoftheSabbathj Contempt 01 Negledcf Gods pub- 
lr«lk Worfhip, Reproaching of the lav/s, and Authority here Eftablifhei 
according to His Majefties Charter, fhall be to the ufe of the feveral Ail fine; for 
Counti^, as formerly, Any thing in the abovefaid Law to the contrary fvIS" t 
nofwithltaoding. And in cafe any oerfonor perfons fo fentencrd do npcleft f^'^''^^ *" ''- 
orrefufeiopay fuch Fine or Mukis' as (hall be legally impofed on them, ot 'j^^.''' ^»'"'"'^' 
give Secur.tyin Court to the Irenfurerfor payment thereof, every fuch perfon 
or perfons fo refufing^or negle^ing to fubmit to the Courts Scnlence, fhall for 
fuch hi.s Contempt be Corpcrslly punifhed, according 33 the Court that 
hath cognizance of the cafe fhdl determine : And where any are Corp<J- 
Tally puhifhed, their fines fhail be reroiiled. [ i6(s-^ 



334- 



Siilers. Satl. 



F 



Or the letter prevention of the "Breach of the Sahbath'^ 

It is Enabled by this Court and the Authoruy thereof 5 That no 
fcrvile work fhall be done on that day, ncmiety, fuch as are not works ot 
i.bbathbreik- Piety,- of Charity, or of NcccflTuy, and when ether works aredoneonihat 
wi- day, the perfons fo doing, upon Complaint or PrefenimcntjTseing legally 

convided thereof before any Magiftrate or County Court, fhall pay for 
the firft offence ten JhilJinii.fitie., and for every ofTtnce aftertobcaoublcdj 
and in cafe the offence herein be circumftanced with Prophancfs, or high 
handed Prefumption, the penalty is to be augmcrrtcd at the difcretion of 
the Judges. 

^s an addition to the Lavc^ fot ^rcvinting ^jo^hanini thi Sabbath 
day, by doing ftrvile -nork'. 

This Coui-t doth Order; That whatfoevcr perfon in this JurirdiiHion 
Ihall Travail upon the Lords day, either on Horfc back or on Foot, or by 
Boats, from, or out of their own Town, to any uniav/ful Affcmbly or 
Meeting, not allowed by Law ; are liereliy declared to ^e "Prophaners of 
the Sabbath, and fhall be provided againft as the perfons that Prophanc 
the Lords-day, by doing icrvile woik. [_ 16^8.'^ 



S Al L £ R S. 



' 1 ? 14. TTXT^-^*^-'*^ '''^■^^y ^'f'j'^cyria:!;^ ere committed '-by Soy'ti/s^ bji -.heir irn- 

' V Y mcdera-i Jjrh'.lang^ ana other, vain expenect in Ordinaries., which 

vftcntimes occafom pejudice^ and damage to the Maflers and Ovcnen 0/ 

the yeffeh to which they belong., their mtnheing oftentimes ^rrejled for Debts 

fo made when their Shtps are ready tofetfatle-^ For "Prevention whereof^ 

It is Ordered by this Court and the Authority thereof; That no Innc- 
keeper, Vidualler or other, ScDer of Wine, Beer or -Strong Liquors, fhall 
after publication hereof, Arreft, Attach, or recover by Law, any Debt or' 
Debts fo made by any Sayler or Saylors as aforefaid, except (he Mafter 
or Owner of fuch 5hip or VefTei to whom fuch Saylers belongs, have gi- 
ven under his hand to difcharge the fame; Any Law, Ufe or Cuftome to 
the contrary noiwithftanding. 



3 j4 IjT 

UPon. hfcrmaiiuTi given to this Csurt of great damage actrving.^ both lo 
Merehunts and otht.rs^ by reafon t30 meet perfons are aCpoinled for to 
meafuye Salt from fuch Ship as arrive in cur fever at Harbours', 

This 



SaU-Pcct!T. Seai-ruhhck. ijj' 



This Court dofh therefore Order and £na(f\ ; That there fhali be m 
every Maritime Town, within, this Jurifdiflion, one meet pcifon ap- 
pointed by t>ie Town from time to time, who fhall diligently attend this 
fervtcc, upon due notica given by either party concerned ili?rein; and j>^*^°^"^'i- 
the fame trucly and faithfully to difchargc, for w>iich he DiaU be allowed 
three half ^ena for every Hogfhead, {he one half to be paid by the Buyer 
and the other >ialf by the Seller; 

And whai; Mafters of Ships or other Veffels, or Merchants, fhali fail in 
the obfervation of this Order, he or tliey fliall forfeit to the Coiinl/y 
ivc pnUingi for every Tunnc fo Sifpofecl of, unJefs the parlies ftiallolhcr- 
Wife a^ree. 



vv 



S ji L r-p E E r E K. 



Hereas this Court hath Hncoura^eJ and (iy4vtfhorix.eti f<me Verforts 
to tnitkc Guyi- Powder^ and have promised to enable them {hereunto^ 
by fueh Publkk^and Necejfafj/ Orders as may conduce to the cff'edmi ^^^ 
Jame-y 

The confideration whereof hath moved the Court hereby to Order and 
Enaft, That the Selecfl then of every Town (where the Powder rDakcrs 1'^^%'^^'^.^° 
Authori?.ed by this Court fbal! defirs it) be Authorized and Retjuired win- r<^n^iiv ro 
"hereby to make and execute fuch Orders In their rerpe(nive Towns as ^;X7&,-,*'"' 
they fhall judgde meet' (with the advice of skilful perfons) for increailng 
and procuring of Salt-Peeler,' atid to impofc fUeh. penalties as the Sele(f\- 
men fhall fee meet; not exceeding ten jhHl'mgs for one offence, upon all 
perfons that fball neglc<ft or refine to perform fuch Order or Orders for 
the propagating and incieafinj of Salt Peeter in their refpe(ftive Towns: 

And Mo.'cover the faid Seleftmen arc further Impowred to choofeand 
appoint an Officer or Officers, and to allow him- a convcnientftipend An- 
nually for his pains out of the fines or otherwifc, to look to the exe- 
cuting fuch Orders as they fhall make in that behalf. 

And It is further Ordtied ; That fuch ScleO men, who flul! negleif or 
refufeto make, and effecftually Execute fuch neceflary Orders as flial! conduce 
to the ends aforefaid, they f)-.al! bePrefented at the Court of that County, 
and there be fined for their reglc<ft, at the difcretion of the Court, not 
exceeding jlvi founds for one offence ; And this Law to be put in Exe- 
cution forthwith after the publication thereof, and thJs to continue during 
the Courts plcafurc. [_i66^. 2 



I 



S.ea}-Publkki 



T is Or3ercd by this Court and the Authority thereof; That the Co- 
vertvout tor the time being, or any other Officer to whom ite cuftody 



136 



School. 

of the PubHckSeal is committed, do affix the publio-k-Seal unto a?l Com- 
iTiirions for Military O/ficcrs, and to all otL^r Ccmmsnions acd Writr„^s 
of publick concernment, that fhall ifTue forth from this Court or the 
Council without paying any things for the Seal; And the Secretary forthe 
time, fhall write an3 procure the Seal to be ^fFixed, and dehver the faid 
CommifTions and other publick Inftruments to the parties concerned ; and 
for liis Pees of "Writing and Wax, he is allowed one piiUing for every 
Commiffion or other publick Inftruments, to be pai3 by the Treafurer of 
the Cowtry ;• And tTiis Law to "be in force, any Law, C'jftome or Ufage 
to the contrary notwithftanding. £ 1 664."} 



SCHOOLS^ 



IT ber»^ ette chief yrojed of Ssihem to l^eep men from the kpovpledge of (he 
Seri^tJ/rC) as tn Jointer timet, fffpw^ them in uvkricwn Tongues.^ fo in. 
theje latter ttmes^ oy perfwaimg Prom the i^ of Ton^ues^ thai fo at leafi lbs 
true fenfe and meaning of. the Original mt^hl be cloudea and earr Uf)tc3 tpitb 
falfe gloffts of Deceivers \ tO the end ihal Xiearn'mg rriqy not le buried in the 
Craves of our fore Fathers^ m Church end CxonmorHDevllhf the Lord affi' 
fling our endeaPOifrs '., 
Schools in towns It is therefore Ordered by this Court and Authority thereof,- That eve- 
of JO Families ^^ j^^^ jj^jp ^,j|,-j^ ^j^j^ ^itj-j^^;o.\on, after the Lord >iatli increafed them. 
to the number ti ffiy Houfe bolder s, (hall then forthwith appoint one 
within their Towns, to teach all fuch Children as fhallreforr to him to Write 
Kow Maintained and Read, "wltofe Wages fhall be paid either by the Parents or Mafters 
of fuch Children, or "by the Inhabitants in general, Tjy way of fuppfy, as 
the major part of thofc that Order the prudentials of the Town fhal) ap- 
point ^ Provided that thofe which fend their Children he not opprcffed by 
paying much more then they can have them taught for in other Towns.- 

erammar fehooi 2. And it is further Ordered, That where any Town, fhall increafc 

to the nTimber of c>i« /7««a'wi Families or Houfe-holders, they fhall fet up 
a Cranttvar'SehcoL, the Mafter thereof being able to Infhucfl Youth fo far 
Town, nrgua. as t^ey may he fitted for the 'Univerfily: And if any Town r,egle<rt the 
jopaY^ii p«r perfoTiTiance hereof above one yeai'i then every fuch Town (hall p»y Jive 
o«t"5?ho°oi*" pundsfer utnnwn to the next fuchSchool, till they fhall perform this Otitx. 

A.j4:P.l. 3 F'<i^<tf**Hi'h as it greatly concerns the welfare of this Cnut^try, that the 

ToutH ihereefie Iduc^edy not only mgcod Litterature, but infound DoOrini-^ 
nrtroaox 1h\& Court doth therefoie commend it to the fcrious conridcration,and 

noitot>eai* " fpecial care of our Overfeers of the Colledge, and the Sele(ft men in the 
lowed feveral Towns, not to admit or fuffer any fuch to be continued in the 

Office or Place of Teaching, Tducatirig or Inftruflmg Youth or Children, 
in the Colledge or Schools, that have manlfcfted Ihemfelves unfound in 
the Faith, or fcandalous in their Lives, and have not given fatisfacftion ac- 
cording to the Rufes of Chrift. 



Sc!f-M--i7fhcy. Sheep i\j 



W''sJcrcr.j tin Lc.'i ye^usn: every Tcirw confiJ)i:jj cf or.c nundrrd Fa- 
'.nilks cr ::^-aanl.s to fit up a Grammar School and af't'cint a Mi^Jlf 
ih:f:?fy able'to :::jlr:i{} Tcuih, fu ns to fo them fcr the Coliedgc; tvui upon 
ncglefi thereof the [aid Town n to fay iv:c pounds pf<' Ar,m:,A to t>e i.fxt 
La^bi School^ until the) ftja/l fcrfmn thp.t Order -^ 

The Ccnrt upc;i weighty Reafons judge meet to Declare and Order-, '^^^\u*^y> 
That every TowTj of c::? Hw.dred Familrcs and upwards, tli.it fhall neglecfl '^wi^pf '« 
or 0-T55C to keep a Gra-.ntnnr Schcoly as is prov;Jcd in that L:j\v, ("iipli 
Towns fnall pay ten fci-.vds per Anr.um unto the next Town ■School tint 
is fettled according to that l-a;v. [ ,6ji. ]] 



S E I, F-M V R r H H R, 



THt^ Court ccnjulering how far Satan dolh prevail upon ]evrral perfc-nt 
xri'-b'm l^fii JtrrifdifficK, fo make away themfdns^ ju-i^eth that Gvd 
ca'Js them to be:::' tefihyjsny cigninfl fuch vpichcd and unnatural pradrfis , ihaf 
otL^ro' inr.y b: deterred therefroir. •, 

Do tiiercfo.-c Order.. That fronn nenceforth, if any perfon Inhabitant or soir murdtaic 
S'-rcsiger, Hia!! ot cny time be founa by any Jury to lay violent hands on u'th'""'"^ 
theit^fcives, or be wilfully guilty of their ov/n Death, every fuch pcrfoa 
Ihali be denied the Drivi,'ed|e of being Buried in the Common Burviog 
place of Chrjftians, but fhaM be Buried in feme Common High-way where 
the Selcfl-men of the Town where fuch perfon did inhabit (hall appoint 
and a Cart-load of Stones laid upon the Grave as a Brand of Infjmv and 
as a warning to others to beware of the like Damnable praflifes. [^ledol 



SHEEP, 



WHereas the keept^l of Sheep tends much to the bateft of the Country, 
and may in fhort time make ^ocd fufply toward; the chatkinr^ ^ fhr 
Jnb(ih:2aT!ts if carefully preferred ; atxi fcr^fr/i::ch as a/.' placet arc m (il cna '" "^ ^ ' ' ^' 
cm~Li:::ni for thai cm' ; 

If h Order(?<? by this Court; That henrcfdrth it fnail be lawfu! for any ^"'"'y*'' '.-» 
nvp io keep SJiecp on acy Commor, be it fcr Gov/2, Oxen crotherwife, l):r,i,TJ^' 
oe<cr:z.tnc to the Town where he five:, or wliere as that time he may FSv.n,tcrrof 
mvc LligSjt of Gomrr.on and that u^Irhout ItmitaEion, in Comniona not °"' cow' 
ftifitfc?, and in fuch Commons that are fiinted, it fhall be lawful for any 
Inhsbiunt to ufe aay w all his proportion of Cotntnon for Shfep, cc 



338 



ShipSy Shif Carpemtri, 



A. J 6. p. I i. 

jjflcft-oitn to 
ordfi ilearine 
ot C.ont'iiorii tut 



ilif ep to be 
fi<nged 



fd bftofc fl)on, 



wootto bemaJt 
up clem 



counting five Sheep for one Cow, Steer or Oxe; and Curtber, i: Hiall be 
lawliil ior the Selc(ft-mcn of every Town from time to time, romskcrucb 
Orders :n their refpe<Sive Toviris, for the clearing of their Commons of 
Wood and Bru(h, for keeping of Sheep, as alfo for the fines ot putting 
Rarus to thcu Flocks, as they (hall judge meet. 

2. It is further Ordered } That if any man {hal! courfe Sheep with a 
Dog, or oihcrwife molcft them, by driving them froni their feeding, he 
fliall pay five ptllmgs for every fuch offence, befides double damages, and 
if any dog fhall kill any iheep, the Owner fball either hang fuch dog, oi* 
pay double damages for the ftieep, and if any dog hath been feen to courfe 
or bite Sheep before, not being fct on, and his Owner hath had notice thereof, 
then he (hall both hang his dog, and pay for fuch Sheep as he fhall either 
bice or kill ; And if in luch caie he fhall rcfufc to hang his dog, then the Con- 
{tableofthcTown upon notice thereof, ihali forthwith caufe it to be done. 

3. Tr is further Ordered j That all Owners of Sheep, who fhall put 
their Wool fo fale, Iha.'l, and hereby are enjoyned yearly to wafh thei^ 
Sheep in clear water, not being cither fait, bJackifh or dirty, and ihall 
take care they be not kept in dirty or fandy Ground, between the time 
of walhiflg and i"hearing ; And in making up the Fleeces to take care no 
fiiort Locks, Lumps cf dirt, or courfe Tails be wound up therein, upon 
the penalty of forfeiture of twelve Jitnce a Sheep fox all and every defc^ 
aforefaid. [,t64Sf S3i /^O 



5i»ff, Shi^Carpenters. 



poinud to ilew 
II !1 (hips 
inbuiiding 



(•biitfoia 



fla'jft 



XTXjMerios the building cf Ships u a bu/htefs of great Importance for 
V V the Common goody and therefore fuitabk care . ought to he taken^ 
that it be welt performed^ according to the commendable courfe of England 
and other places 5 

It ii therefore Ordered by this Court and the Authority thereof; 
That when any Ship is to be Built within this Jurifdidion, or any VefTel 
above thirty Tunns, iht Owner, or Builder in his abfence, iTiall before 
they begin to Plank, repair to the Govcrnour or Deputy Governour, or 
any two Magiftrates, upon the penalty of ten pounds^ uho fliall appoint 
fome able man to furvey the Work and Workmen from time to time , 
as is iifual in England^ and the fame fo appointed, fhall have fuch liberty 
and power as belongs to his Office. 

And if any Ship- Carpenter fhall not upon his Advice, Reform and A- 
mend any thing which he fiiail finde to be amifs, then upon ccmpSa.nt to 
the Governour, or Deputy Govctnour, or sny two Magiftrates, they fhall 
appoint two of the mcft fLifTicienc Ship- Carpenters of this Jurifdj^ton, 
and (hall Authorize them from time to time, as need fhall require, to 
take view cf every fuch Ship and all works thereto belonging, and to 
fee that it be pcrformeJ and carried en according to the Rules of their Ar?. 

And for this end aa Oa:h O-ali be Admmiftrcd to them, to be faithful 

and 



Shipping, J i 9 



Ch2''8" 



and indifferent oeiv/cen the Owner and the Workman, and their charges 
fhall Lc bora by fuch as Ihall be found in dcfaulc : 
And thoTe Vie\\'ers fiiall have power to caufe any bad Timbers, or other 
infufficicnc Work or Materials tote taken out and amended at the charge 
of them thioiigh whofc default it grows. [ /<Jrf ', 47-2 

2. It is Ordered by the Authority of this Court j That all Ships which 
Come for Trading only from other parts, fhall Imvc free accefs into our ^c^eaka. 
Harbours, and quiet Riding there, and free liberty to depart without any 
njoleftation by us, tliey paying all fuch dunes and charges required by 
law in the Country, as others do. \_ i64S- H 



This Cimn bavmj perujed (tnd ccnfidered the Lettnr received from his 
t^/.ijejlics ttwji Homv.rable Privy Council^ d.itcd the 24 of June laft, 
relating to an tyitl of Partiamint^ fntituhd^ An hd for the Encouraging 
and Increafing oF Shipping and Navigation j As an yiddit'wn and Expla- 
nation of former Or den made by this Court cnncevn'ing thefe Afeirs; 

It is hereby Ordered and Enaftcd; That the feveral Officers hereafter ^^^Jj^^'^f'- 
mentioned, are hereby Deputed and Authorized to fee that the faid Adt Ciirpiis 
be pcrfoinicd, To far as it concerns the Government of this Plantation, 
both in feixing Ships or VefTels inhibibited by the faid Aft to Trade here, 
taking Bonds of all Ships and VefTels thatl.adcs in our Ports any Com-' 
modicics cxprelfed in the faid A<ft, of the Growth, Product or Manufa 
dory of the Englifh Plantations, who (hall not produce certificate that 
they have given Bond already as the faid Aift retjuireth. 

And in cafe of negiccfls or contempt, to feiie fucli VefTels or Ships that 
Lades the aforefaid Goods without giving Bond or fhewing Certificates: 
and to keep accounts of all fuch Ships and VefTels, with the Names of 
the Matters, that Lades here as afortfaid , and return an account twice 
every year, with Copies of the faid Bonds and Certificates unto the Go- 
vemour for the time being, by him to be tranfmitted to Lundoij direOed 
-to the chief OfTicer there. 



The Oncers appointed are as folhweth : 

For the Ports of Boflon and ChcirUtown, Mr. fdwttrd Ti^rAvfott. Tbein: 

?or Sakniy Marhle-head and Cloccfler^ Mr. Hilliard Vcren. 
For the River of fafcatat{ua and Ipe of Sk>als, and fores adjacent, 
CaptatD "Sritm Pendleton. 



The Pees they are Jutborixfd to tai^e of every Shlpj^ajter^ are 

To: taking Bond, and Tranfcribing the Copy five fhiHin^s. 

Vat Receiving arid Entnng a Certificate, ttw flitllin^s fix pence. A"J f«' 

For giving CecfificaCe, and P,.ecording it, two flji/lin^s fix peace. 

Th«r part of fdiorej 33 the faid Ad dite(fleth. 



J J 2 Knd 



340 shipping, 

i\nd th?.t all imployed in this truft, do from time to time make rcrurn 
of ail Bor.ds and Certificates by them pafled to Mr. 'l^avfon, who by the 
Govcrnouis Advice (hall make return thereof for England, as the hCi of 
Mrftcr5%c?'°' Parliament reqiiircth : And that Mr T^avufon do from time to time pic- 
fent the Council of this Common weal, or in default thereof the Court 
of Afliftants, with true Accounts of all Bonds and Certificates, and Co- 
pics of all Letters that he (hall fend for E-'tgland^ in any wife referring 
to this matter. 

Moreover it is Ordered j That the Seaetary tal;e fpcciol carcfortln-ith 
to fend by the fiift oportunity four Copies of the Councils, and one of 
ihc Copies of the Aft of Parliament relating thereunto, to the four Ge- 
neral Governments of New- Engl arid , viz. Phmouthy ConncOkoty iVtjv- 
Jiaven^ and %jad IJland, [,i66s-'} 



Vrl'JZ^Xti'm R^ ^^ ^"° E"2C>:d by the Authority of this Court; That no Mailers of 
&c inihifior i3 Ships, or Seamen, having their VeiTels Riding within any of our Har- 
^'''^^ bours in this Jurifdiftion, fl:ial] prefumc to Drink Healths, or fuffer any 

Healths to be drunk v/ithin their Veflels by day or night, or to fhcotoff 
any Gun after the Day-light is pafr, or on the Sabbath day, on penalty 
for every Health twenty ^tilings ^ and for every Gun fo (hot twenty Jki I- 
Jmgs. 

And the Captain of the Caftlc is hereby cnjoyned to give nodee of this 
.Order to all Ships that pafs by the Caftle. [ 166 j.~] 



IT is Ordered by this Court and the Authority thereof; Thcf c!I Ships 
and VefTcls above Tvtfttty Tuns, that Trade within our Ports be!c.^Qin5 
Sh.pjof furdtn to othcT ploccs ; or that the greater part of the Owners f'lcreoF, arc not 
^Zand pf poiv. Inhabitants of this jurifditftion, fhall pay half a pound of Gunpowder, 
derihcTmi or the full value thereof in money, for every Tun of Burthen they arc of, 
every Voycge they make hither, towards Provifions for Fublick Fortifi- 
cations, v/hich is to be paid to the perfons hrrealter nan^ed, or to whom 
they fhall Depute under their hanc;;. . 

For the Ports of Bojlon and Charlstowt Major CcnevnlXeroff. 
For Salem and Mcvhle-head, Major William Heulborn. 
For PcJeata([U(l Rmr, Mr. Richard Cr.its. 
And in cafe if Mailer or Gointnander of any fuch Ships or Vr He's Hiall 
refufc upon Densand to pay the fannc, it fliall be 53%vful for the faid 
Gentlemen, or nny one of th;n\ to fend forth their Watronts to any 
Matflul Of Ccnf^able, to Diftrcin upon the Goods of fuch Maftcr cr 
Commander, or op. an^ of the Appurtir.cncies of their Vcfie's for the 
fame, v/ith the chaigcs .'hereof-. And the Gcntlrmcn oppointed as aforc- 
faid, n.a'l be eccountjble to the Genera! Co')ir when cailed thereunto, 
for whdt they fl'jJl receive by virtue of this Order, Jnd are to deliver the 
Powder or Money they have in their Hsnfis once e^'ery year or oftencr 
unco the Surveyor General, cjrccptir.g one Jhitli}:^ out of every tv^entyP^'l- 
'y''!gs they fhrJlrcceivc, whi- h fpoll he. ^!lc;Kd ilicp for Dcftayinj; their 
nsce/Tary chirgts thereabout. C"^'^7-2 

To 



Spimitig. 14-1 



TO prevent Calumny, Reproach emd frejuSce to this Colony and the ]n 
habi/anlSy and "Trade iherrof'^ 
It 15 Ordered i That no perfon fhall henceforth Trade or Truck 'W'il^Mj'rcrbiddl'n 
any VcflTcl that fhal! Arrive upon our Coaft, until the fame fhall comeVrforeiY 
linder command, and ride in our ufual Harbours,- and have acknowledged J!Xledg4^°' 
the Ciovernment as the Law provides, upon the penakies of all fuch 
Goods Traded, and fuch further p uniftiment as the Court of AfTiftants 
(hall adjudge. [^ /^/"O 



tni 



^ T 1 N N I N O^ 



TFJts Court fakiȣ J^to pr'ious Confideratkn the ^refent jJrei^hls and ne- 
ccffdies of the Country, in refpeff of Cloafhin^, which is not like to ^e j rjp,,i 
fc plentifully fupplied from forrei^n parts as in limes pcjl, and not ^r.ovrin^ 
any better way or means cinduceable to our fuififl<wce, then the improving of 
as many hands as may he in Sprming Wool, Cotton, Flax, &c. 

Doth therefore Order, and be it Ordered ty the Authority of this Sfiea men «o 
Court; That ail hands not neceflarily imployed on other occafions, as Wo 'Jcstch'r, 
men, Girls and Boyes, (hall and hereby are enjoyned to Spin according 'y**"^P"' 
to their skill and ability ; and that the Select men in every Town do 
confider tlie condition and capacity of every family, and accordingly do 
affefs them at one or more Spinners ; 

^nj becaufe feveral Families are neceffarily imployed the greaiefi part 
of their time in other hufineft, yd if opporiumties were attended, fame time 
rvj>ht befpared, at leajl by fame of them for this wor^^^ 

The fti'd Seledt Men fhall therefore Affek fuch Families at half and 
quarter Spinners, according to their capacities. 

And every one thus aforefaid, for a whole Spinner, fliall for liipe to 
come, Spin every Year for thirty Weeks, three pound a WeeAofLinnen, 
Cotton or Woollen, and fo proportionably for half and quarter Spinners' 
under the penalty of twelve pence a pound fhort. 

Ard the Seleft Men Oiall take fpcoial care for the Execution of the 
Order, which may cafily be effeaed by dividing their feveral Towns into 
ten, fx, fve, &cc. parts, and to appoint one of the ten, fix or five, &c. to 
take an account of their Divifions, and tg ccrtifie the Seletft Men, if any 
be defedlive in what they are AirefTcd, who fhall improve the penalties 
impofed on fuch as are negligent, for the encouragement of thofe thai are 
diligent in this work, ^ i6jj. ] 



K" If Sira)fes, 



mz 



Stroyes. 



s r R A Y E S. 



rM<?rsor^o(.3s JT Is Ordered by thfs Court and the Authority thereof; Thatwliofofver 
togi/enoi.ctto J {\iq[\ t^jic up any Stray Beaft, or flnde any Gooe3s loft, v/hereof the 
I he Court. (Of, y Q^j^^j. -g not known, he /hall give notice thereof to the Conflable ofthe 
fame Town, withm fix dayes, who fhall enter the fame jn a Book, and 
talce Order that it be cryed at their nextLcdure or Gen«ralTown meet- 
ing, upon three feveral daycs^ Afid if it l>e above twenty j^'tJ/;n£s value, 
at the next Marliet or two Jjext Tov/tis publick Meetings wliere no Mar- 
ket is witbin it» mikr^ upon pain that the party fo finding, and the fai^ 
Conftable havjng fuch notice and failing to do as is hei-e appointed, to 
forfeit cither of them for fuch default, one third part of the value of 
fuch Stray or loft Goods; 

j„jto a ^"^ '^ *^^ '^"^" ^^" "°* ^'^^ notice as aforefaid, within one Month, 

p^?j=TRfrord or if he keep it more ihrn three Months and fhsjl not apprize it by in- 

loft good. cUfTcrent men, and alfo Record it with the Recorder of the County Coi^ 

v/liere it is found, he fhall' then forfeit the full value thtieof: 

^^ Ani if fhe Owner appeareth within ohe tear after fuch Publication, he 

IwaTins^ fball have rcftilutioh of the fame, or the value fhei-eof, paying all neeef- 

ownerofpear fary charges, and to the Conftable for his care and pains, as one of the 

'" ''^' next Magiftrales, or the tbrec Comimillioners of the Town Hiall adjudge. 

And if n6 Owner ^pear within the time prefixed, the faid Stray or lolV 

Goods fhaJI te to the ufe of fhe finder, 'paying to the Conftable ten jhit- 

Un^s, or the fifth paa of the vaioe of fuch Stray or loft Goods, at the 

finders choice. 

And it is Ordered; That every fuch finder fhall put and keep from time 
k^T^wJitll *'*"^ a Wyth or Wreath about the neckpf every fuch Stray ^eaft with- 
WtiicjiVa in oncMoneth after fuch finding, upon penalty of loofing ail his charges 
that fViall arife about it afterwards, (provided iljat no perfon fhail from 
the firift of Jpril to the twentieth of Detitnler^ take up any Horfe Gel- 
ding or Mare for a Stray, or account or ufe tljem as Strayes, though the 
vvyth! or taking Owner thereof be not knowh j uhlefs U be taken Parnate feizant in in- 
u^^^^llthcV^ue clofures) Provided alfo, that rfjjny Owner or. other, fhall taVe off fuch 
"' Wyth or Wreath, or take away fucli Beaft before he hath difcharg-ed ac- 
cording to this. Order, he fhall forfeit the full value of the thing" (appii 
red as aforefaid) to the ufe of the finder. X. *^4-7-3 



AS an ^Miiion md Txpianaikn 0/ ihe Law tif. Strayes ; This Court 
.jindtȣ that fevtral mmvenieneei and irouhfa do orife about Strayes^ 
Ch^tel and Hotfii^ 8cc. 0>d ihijt the tempi at ion may he too £reai or fame 
Addil'ioqtoihe -pnpjns in remote Yowm and Farms^ io take up Chattel, ^c. and rnaks 
Lowo einjts- gi^^yg^ jofiheffi, ihe v>h61e lenefU redounding io themfdv'es •„ 

This Cour,t doili Order for the time to come, That all Strayes fhall be 
Xotecryedio firfticryed in that Town of which they have the Jrand-mark; And that 
whiW«yH'« a!] fuch Strayes and other loft Goods contained in the faid Law, fhall be 
ihe^an/aarK entre<3 wilh the County Kecerdcr m each County, and by him transferred 

to 



Strangers. t/^^ 

to the Country Treafuref within one Moneth', and in cafe the faid Goods lobreai.fj 
an3 Stra;yes aic not owned within one year, as is therein exprelTed, then f'^h^v S'-f"- 
i^.'.t one half, or i\s. value of cqe half fhall be to the ufe of Ihe Country, ^J'°<"^«=cowf,, 
and the oflicr h<i)f to the finder, the charges being firtt raid out of the' wair'oitj? 
whole \_I666.} oihcrtuifiof+M 



S T R ^ 7^C E \S. 



'XJ^J'Hexcdi we are credibly informed that great mlJcViefs have hceri dom 
\ \ to other Plantations by rea[o» of Comrnanihri, SeiilJierSj and otUr -^•J' '•!•/• 
air angers- -^ To prevent the lite in this Ji'.rjfdicJicfi ; 

It is Ordered by this Court and Authority Hiereof, That lieneeforth all 
Strangers of what quahty foevcr, above the age oi pxleen ^ears^ Arriving ^tra^sTs Anl. 
in any Ports or Parts of this Jurifdi<f\ion, in any Ship or Veflel , fhall Im- ^'''^,4^! ^ 
mediately be brought before the Govemour, IDeputy Governout", or two thtCovefnour 
oth-r Magiflrates, by the Maf^er or Male of the faid Ship or Velfel, upon 
pef\dliy of twenty pounds for default thereof, there to give an account of 
tiitir occafions and bufinefe in thits Country, whereby la tic fa eft ion rr\ay be 
given, and Order taken with fuch Strangers ae the faid Goverr\our, ."De- 
puty Governour, tu'o Magtftrotes, or (he next County Court fhall 
fee meet, who fhall keep a Record of the Names and Qi^alities of all fuch 
Strangers, to be reiunied to the next General Court. 
t^nJfar the Tuilreatwnsaf this Order:, 
It IS Ordered, the fame to be Pofted upon the iDoors or Polls of the caplcfihf ci 
Mej'tinE'hcirfcs and other publick places in all the Port Towns of this ftit 'o d'" fx* 

, -, ij ■' ' iKcoflbiS Or. 

Joriidiflion « dci 

And the Captain of *he Cartie fhall make known this Order to cveiy 
8hlp or Vtffel as il pafTcth by, and (lie ConOable of cVery Tort Town 
flwil endeavour to do the like to fuch Ships or Veffels before thty Larw' 
Ihtrir l'a!Tenj^crK. ]^/6fi.~] 

And if any Strangers, or People of other Nations, profefling the tiue L.rp.aj. 
Chriflian Religion, fliall fly to us from the Tyrnny or OpprelTicn of their 
Terfceutors, or from Famine, Wars or the like necefTary and compulfory ri.'«cS7/(i''" 
Caufe, they ffiall be entertained and fiiccoured amongft us according tu 
that pcwei and prudence God Oiali give us. [ i6^i.~] 

Every perfon within this juiifdnilion, whether inhabitant or Stranger, 
fli.iit enjoy the fame Law and Juftiee that is general for this Juiifdiif>ion, L.£.f it. 
M/hich we co.nOiiute and execute one towards another in all cafes proper 
to our cognizance, without partiality or delay. [ 164 '-2 

Ko Town or perfon fliaH receive any fitrqnger Tlefortin^ hither vilh ^,,^ ^^^^ 
intent ro T-lefide in this JuiifdK^ion, nor fhall allow any Lot or Habita- r,l/e f.pn/.i- 
lion lo any, or entertain any fjch above three Weeks, except fuch per- •*'" 
Ton fhall have allowance under the hand of forne ope Maliflrate^ up&n 
pv'nof every Town that fball give of fell any iot or Habitation to any 
■not (0 flceofed fuch fine to the Country as the County Court {\\a\\ im 
pol't, not exceed it\^ fijiji foundi, nor lefs then ten pourjJs- And of every 
pcrton receiving' any fuch for longer time then J5 hereby allowed, excc) t 

K k z in. 



144 



Sureties. Svnearing. 



in cafe of entertainment of friends reforting from other parts of this 
u^nTo'^°''^ Country in amity with us, to forfeit as aforefaid, rot exceeding twrAy 
ftrans-^swfth-' founds, nor lefs then four pounds -^ and for every Monefh after foofPending 
o'jia:iowanc9 .(hall forfeit as aforefaid, not exceeding ten pounds, nor lefs then forty pil- 

And every Conftable (hall inform the Courts of all new comers, >*hich 
FinaUe they know to be admitted without Licenfe from time to time. {^16 ^/.^ 

3«y 47- 3 



Sureties and Goods Attached, 



X'i'p' 'J* 



NoCdirchtrged 
tUJ Jadgement 
be 4tisfie<i 



Of the pcribn dc 
Jivprtd totlw 
MarOiai 



Scads ftperfons 
Attachtd one 
month after 

iodgeinent re- 



UVcn hformatlon of fame inconveniencies accruing to feveral perfcns, in 
that men tak^ themfelves acquitted and free from all 'e^ai cbfcrvatwns 
in cafe of appearance in Courts, according to the exprefs tearms of the "Bcnd^ 
or at mojl if the 'principal there fiay till V'crdtii and Judgement he given, 
( which »/ they be ) they may then make away their Eflates, or abfent their 
perfons before the tvpehe hours be expired for granting Execution, whereby 
the "pariy recovering may either he derived of, or muck damaged in his juji 
Jifgbts J 

Jt is therefore Ordered by this Court and the Authority thereof; That 
hencefcrth all Goods Attached upon any A<f\lon, fhall riot be releafcd 
upon the appearance of the party, or Judgement given, but fhall ftand 
engaged ontii the Jadgement, or the Execution granted upon the faid 
Judgement be difcharged : 

Nor (hall any Surety or Sureties for appearance in any Court, except 
in Capital or Criminal Cafes, be rcleafed from his or their Bond until the 
Execution as aforefaid be difcharged. and fatisfied. ot the Principal Perfcn 
be furrendred into the hands of the Maifhal or his Deputy, who fhall 
fecure him till the Judgement be difcharged, any Law, Cuftonne or Ufage 
to the Contrary notwitbftanding. 

Provided alwayes. That henceforth in all Civil proceedings (except in 
cafes where the Defendant is a Stranger) where Ejiecution is not taktn 
out and Executed within one Monrth after that judgement is granted, 
all fuch Attachments, whether on perfons or Eftatcs, with Sureties, fliall 
be releafed and void in Law; any Law, llfage or Cuflome 10 ihccontrary 
notwithftanding : unlefs the Court that grcntrd the Jiidgemcct fhall fee 
caufe to give further time^ and lefpit of Execution in any particular cafe. 



SvfsAring and Cur(ing. 



tiKV&Bt x*< »| 



IT is Ordered by this Court and Authority thereof; That if any perfon 
vyrithinthis Jurifdidion, iliall Swear lafhly or vainly by theHoly Name 

of 



Swinc, MJ 

of God, or other Oath, he fhal! forfeit to the Common Tretifury for eve- $«c3i-,c(t, ,o & 

ry fuch offence (e» jhUiin^J ; 2nd it (hnll be in ihe power of any Ma^i- 

ftrale, by VMrrnni to the ConAebl?, to e?i!i fuch perfon before liun, and 

upon fufticient proof lo fenK-ncs fuch offender, and to §ive OrcJcrioIeEvie ^^ ^,, ;„ (,cc!« 

the f;nti and if fuch perfon "be not able, or fhall refufe to pay the faid fine, 

he fhall be commiBied to the clocks, there lo continue not exceeding 

three hour€, not lefs (hen one hour. 

2. And if any perfon ftiall fwear more Oaths then one at a time, Li.p>'-f. 
before he remove out of the Room or Company where he fo Swears, be „jorcOMtts 
fhall then pay Tiv^Mf)- j73//%J. the., cw ^o s. 

The like' penalty (ball be infliOed for Prophanc and Wicked Curfmg 
of any 'Perfon or CreaCure, and for the multiplying the fame, os is ap- 
pointed for pro-thanc Swearing; and in cafe any perfon fo oftVnding, by 
multiplying Oaths or Curing, fhall not pay bis or their fines forthwilb, ,.,(^pppn,,i, r„f 
ihev fhall be whipt or commsEted to Prifon till they f^all pay the fame, ca^ft-ig 
at Oie difcretion of the Coun or Msgi.lrate that fhall have cognizance 
ihtteof. 



s w I N e. 



IT is Ordered by this Court and the Authority thereof; That every, :jdoSi "len lo 
Town fbip within this Jurifdiaion, or tht Sded-rJiun thtrtof, are im-- '^'^^J'^','^,*" 
powred rnd hereby required from time to tim^-, to mr.kc Oidtrs for pre by ;wirr 
venting all harms by Swine, in Corn, Meadows, Paftures and Gardens, 
as alfo all danger to Children or elder perfons in any refpciTts by Swine, 
and to impofe penalties according- to their beft difcretion, and to appoint 
one of their Inhabitants, by Warrant under the hands of the Sc- 
l«ftraen, or the Conftablc wbtrc no Sel(?<!f-men arc, to Icavic fuch 
finer and penalties; and if any perfon cbofen to fee the Execution of j4,i6jS. 
this Order, fhall ntgi£<fb or rcfufc the fame, he fhall forfeit five founds^ 
the one half to the To.vn, the other half to the party that accepts the 
place, and performs his duty therein. 

» e/4nd where Town: border each ii^ou other, whofe Orders it may be 
4,-s various-^ 

Satl5fa(ftion fhall be made for barms dor.e by Sv.'inc, accordmg to the ^^^^^ 

Orders of the Town w^ere the damage is d^7-2. piTs^o-aiQg 

But if the Swine be H'nged and Yoahcd, or otherwife, as the Orders '/J,\\°;,'','tjs 
of the Town to which they belong, doth requ'..e, then where no Fence is, ion« 
or that it be infuiTicienr, through which the fiwine come to Trefpafs, the 
Owner of the Land or Feoce (nail bear all damages. 

And it is hereby Declared; That all Fcn:es made of Stone, Pale*. 
Rai's, Rivers, Creeks, or a.iy other Fencee which a^^e allowed (by fuch ^^^a'^""' 
men as are appointed in the fevcral Town^ to view Fences) to be fuffi- 
cieal ggai'nft E^reat Cattle, fhall be held and acc&ucttd fuf5;rent againft ui.ji.p.4- 

L i Swine 



1-1^ 



Ttle-Sarih. Tooatco. 



e to 



Swine, and all Swine breakjng through fuch Fences, .(hall be liabl 
Perc« WSctoni ^^^^ fy.sfadtJon for all Damages done. 

3. And if any 5 wine be Impounded tor Dama'g'e done, and there be 
No owners ap. • kept three dayej", and that no pcrfon- will own iTiem, then the parly 
ric'^ftoi"* Damnified fhati give notice 10 the two next Towns (.where any are with- 
in five miles Compa/sy that foch 5wine are to be fold by art Outcry, 
within three da yes after fuch rjotice by the party Damnified ; and in cafe 
none will buy, he fhall caufe them lo be Apptfzed by two indifferent 
men (one whereof fhall te the Conftable or one chofen by him) figni- 
fied under their hands in Wnlmg and niay keep ihem for his own Mfc 
And in both cafes, if the Owrfer fhail after appear, the overplus accor- 
ding fo the faid valuation (all Damages and Cliargea bring paid) (hall 
forthwith "be rendred to )ilm. 

And if any lown or ^eledl men (V'ail ofglecfl to take Order for pre- 
venting harms by wmc according to th;s Law, more then cue Jifone'h 
after publication "hereof, fucil Town of ■Sde<n mCn fhall forfeit lo the 
Trcafiiry forty JJj///«w^j" for every Monelh fo negle<nin5. £ jd^^, Jf,sS-2 



r I L E'£ J RT H, 



IT is Ordered by fhis Court; That all Tile Earth to make Sale Ware, 
(hall be Digged before the /»-/ of ihf ninth 7^/nrn-!h^ i^ni turned over 
in the la^ avd firji Monelh en ucing, a Mone'.h hefort n be l-i'rcu^i, open 
pam of ior einng one hajf part oC- all ftich Tiles as (haiJ be ofhexwift 
made, to the ufe of the Conimnon Treafury, [ t^4f^ 



r o m A c o. 



IT is Ordered by this Court; That no man f>)al| lake any Tobacro 
Within twenty Poles of any Houfe, or fo qcar qsmay mdanger ihcrame, 
or near any "Barn, Corn, or Hay cock, as may occafion the finng thereof, 
upon- pain of tsn jkUmgs for every fuch offence, befides full T^ecompence 
01 all Damages done l»y means ll^ereof ; 

Nor f}]all any take To"bacco in any tnae or cornmon V<n.ual Houfe, 
except in a private Room there, fo 3S_ rjeilher ihe Mafter of the iaid 
Hoiife, nor any other Guefl there fhall take offence thereat, whicii if 5ny 
do, then fuch perfon fhall forthwith foibear, noon pain 0^ two fhr/fittj;s fix 
pevce for every fuch offerice. And .-jII fines incurred by 1^:^ Xaw, the 

one "half part lliall be t-a the Informer^ the othei to the ^cor of the Town 
where Ihe offence >5 done. [^i6ss, ^^ J 



Tolliyi£ of Cattle. Town-fhi^s. 147 



T'oHin^ cf Cattle. 



FOr the prevcniioK of Felhnlous praOlfes grovnng upon us, hy Sfealing cf 
J/oifel/jitde, and ciber Neat Cattle^ ana felitrri tiocm as then own-^ 
h ii Ordered by Wws Court and the Authority thereof, That there fhall 
be a TollUook kept ir. every Town by the Clerk of the Writts, ■where- 
in all Horfe-klnde, and other Cattle as aforefsid, boughr of any perfon, 
fhall be Enlrv.'d, \*\i\\ cheir Age, Colour and Marks, at the peril of the 
Buyer, With the Name of the Seller; and fuch Seller (hall have Ina/o vou- 
chers to Tcftifie the faid Seller to be the proper Owner of fuch Horfe- 
kmJe or other Cattle fo fold j or in cafe of Horfe-kinde or Cattle fofold, 
ftati be challenged by any other pcrion, the Vouchers in caTc of the 
ticape of the Seller, fliall be liable to all damages that fhall anfe there- 
upon: And the Clerk of the Writts fhall have three petice of thi. Buyer, 
for entring every fucli Hoire-kindf, or Neat Cattle; And if any Horfe- 
kinde, or other Cattle as afcrcfaid, fo bought by any perfon be not Toll d, 
nor Sellers, nor Vouchers found, upon challenge of any fuch Cattle, the 
faid Buyer fhall be liable to all Damages, as the Felon binafelf ifiould be 
were he prefent. And any peilon or peffons having loll any Horfe kinde, 
or other Aich Cattle, flia'l have free libeity to fearch any Toll Book in 
any Town, in any fuch cafe. [^i66s.'} 



L.i.^io. 



row N-c H I p. 



•^fVJHerecis particular 7'ovnf havi many thtngs Xfhich concern ofiely 
' V ihemplves and the Ord:ttng their own cffahs, and diff^fen^ cfbufinefs 
111 then (nvn Town ; 

It IS therefore Ordered, That the Freemen of every Town, with fuch 
others as are allowed, or the major pact cf them, fliall have power to Towns powa' to 
dirpofe of their own Lands and Woods, with all the Priviledges and Ap- difpcfe unHs 
purtenanc?3 cf the faid Tov/r.s, to grant Lois, and alfo to chufc their own 
pariicular Officers, asConftables, Surveyori-fortheHigh vayes, and the like 
Aatiually, or olherv/zfe as r.ced re<^uires; Aadto make fuch Laws and Con- ci)<:;,fc offi«ers 
RltLitions as may concern the welfare of iLcir Town; Provided they Ije 
not of a Criminal, "but of b Prudential nature, and ttiaC ibeir peualties eK- 
ceed not twenty fhjUmgs for one offence, and that they be not Repugnant 
to the publick JLaw« and Orders of the Country. Tonuke 0;<j.t3 

And if any Inhabitant ffiall m^k^ or refuse to obfcrvc them, they fhall 
have power to leavie the appojmed penclty ty Diilrefs. 

And if any man fluitf behave h.mfelf ovvenfively at any To'yn-meeting, 
the refl then prefent fhall have power to Ssr.iGncc Iiim for fuch offenee, 
fo ai the penalty exzetd. not twrJ) (h:llings. 

Liz 2,. Anl 



7^8 TcwK-pps. 



2. And every Town fhiip hath power to chufe yearly, or for lefs rime 
a ccnvenient number of fie men ro order the planting, and prudential Af- 
fairs of then Icwns, according to inArud^ion given them in Wririn" 
ikirLTa'' ^'' I'rovidcd nothing be dene by them corrrary to the Law's and Orders of 
the Country, Provided alio that t];c number of the Seleft-mcn be not a- 
bove nine. 

Ingu^^tthnf 'i- ^^^ ^" Tovns fliall take care from tiire ro time, to Orocr ana 

Difpofc ail fingte pcrfons and in mates wirhin thci- Towns, to fcrvice or 
otherwifc, and if any be grieved at fuch Order or Dilpofa), they have li- 
berty to Appeal to the Kext County Court, 

^. jf. 4. And it is hereby Ordered and Enasf^ed; That al! Engiifh-ipcn,th3t 

are iettlcd Inhabitants and Houfe-holdets in any Town, of the age of 

tttciity four years^ and of honcfl and good Ccr.verfationSj being Rated at 

eifrhiy ^tmds Eilate in a fingle Country Eatc, ai^d that have taken the 

[i^yo. Oarh of fidelity to this Government, and no other ( except Ficcmcn) 

may be chofen 'Sc]c{\ men. Jurors or CcnAables, and have their Vote in 

the choice oi the ScleO men, for the Town Affaires, Ancfsmentsof Rates 

and other Prudentials proper to the Town ; Provided alwayes the major 

part of the companies cf Sclccftmen be Freemen from time to time, that 

Ihali make a valid At!^, as alfo where no Scicd men arc, to have their 

Wha mi Vote ^' °^^ '" Ordering Schools, Heaiding of Cattle, laying out Fligh waycs, 

toioofls^ and Diftributing Lands j Aiiy Law, Ufc or Cuficme to the cfciicrary iiot- 

v.'idrflaRding. 



•T T is Ordered; That in flead of the fum cf twmiy fcurds m the 4. Sc^. 
J tit. Tctty?J!:ips, it fiiail he inccited inftead thereof eiihty poinids-^ Provi- 
ded this change of that fum be rot interpreted to exclude any per fon from 
the privilcdge granted him formerly m that Lav/, [ /if/a.] 



5 Whereas Cmiplaitits havt heat w.aie^ that r,ie;ny (eipeciJilly in Bo- 
ft. jy. 2.15. ftonj nho arc meet and ft to ferve the Coimt}) in the Office <f Cuifallc, 
take iticoura^ement to withdraw from that ftr'uice by reafon of the jmahujs 
cj the flies that Tovptn haz/e fCAer to impofe jor fiich nfufal) 

It is therefore Ordeicd, That Lencefotth it fiiall be lawful for tlicTov/n 

of Eoflcn, to impole the fine of ten pcunds-^ and for all other Towns, to 

impofe the fine oi five pounds upon every fuch ccrfon (being legnlly cho- 

'Pow^-t tonne fen in the rcfpcftive Toftnc} that fnall tefufe to fcrvc in the Orficc of a 

.■hcoif.cfof'" Conaabie in the Town whecc he is chofen, if in his pericn he be aLle to 

C7z^-Sole execute it : 

And the. Seled-men cf every Town are hirfcy unpowred 10 Crcier 
and Require the Conftabico to Iravie the faid fines by r/if^rcfr, which 
fhs!! be to the ufe of the Tov.n. [j^, ■^^;'?7, ss^jf j 



Town-Jlif). 143 



JT is Ordered i That hereafter no CottSgc or J>we!';r.;j phce (TiaJlbead- ,-„„,*; . -,^ 
milted to the privMidj-^e of Commonags for Wood, Ttmber and Her. ^^ili'^" 
bags, or any ot>.er the Privilcdgcs that- lye in Common in any Town or 
Peculiar, bur Tuch as already are in being, or hereafter Ihall be lErt^dL 
"by the confei^t of the Town. [ /^^u.J 



I 



T is Ordered \<y t!i5s Court and the Authority hereof, That ths fc;ici7- 
ing Of^er (haJl be direfled and fcnt by the Cterki of the fevcral S^hisa 
Courte, to tf\e Conftables of the Towns within their Shire, who are eo- 
joyned faitVifuily to execote tlie fafnei and if upon the "Rctim ma&t, ii 
8oth appear that the 5claft men arc n»gligent in executing the Laws 
thcifin mentioned; toe Court fhai! proceed againft them by Adoionitioo, 
or fine, as the ncnt of the cafsi: may require, and (hall alfo ihTpofo of 
fingle nafons. or (^iibboro Chiidr(?n or ^Servants to the Hotifc of CorrC' 
^ion, r.ccording to the intcct of the Law, any Law, Cnftome or Ulagc 
to the cofitt-ary notwrithftandin^. 



To the Conjlabk of tA* 



WHerfar the Lovi ptilliflud by the NoHOured Oeneral CoKrl,Uh.j.pAg9 
76 fcft 3 dn require a 1^ T'onnr ffvyn time to Ime^to dtf^,cje of all fin- 
ite ftrfons and in- malts Within then 'fo)vfis to lerTree^ or clherwtfe, and tn. 
pag. 1 6. tit. Ctfildren and Youth ; 

It is required of the SsleC-men, that ihey fee that all Children and 
Yc'jrh, under Family GovernmeTit, be taught to read perfe<SJy the Engh/h 
Tongue, have ktiowledge in the Capital Lav/sj. and be tei^ght ; fome Of; 
ihodox CatechJfiT", and that ihey te brought up to feme honcA imploy- 
ment, profitabJe to themrelves and the Common wealth ; and in cafe of 
riegieC'l on the part of the Family Govcrnoiirs, after Admonition given, 
them, the faid vSelcArnen are required, with t>,e iielp of two MagiltTates, 
or neiic Couit o*^ that ShH-e,.tQ taJce fuch Children or Apprentifes Irom 
them, anci phcc them forth, Vs-ilb fucl\ as will look jnore tlraitly to 
them. 

"the nc^li'if whereof^ as hy fnei experience from Court to Court abundantly 
afpeurs^ dnlh orenfioK milch pn a^d frophtJnefs to mcnnfe aincu^ u!, to 
the di^K'naur of Cod, and th ei^fnnrtng of mcnj Children. ai'-d Sf"y(thts, hy 
the diffoliite livfj: aj)d frnclifis of fuch as do lire from under Tamiy Cjc- 
rertjmrnt, (tnd is a ^real drfccnra^^tmenf to ihofe Tornily Govtrnours, who 
ccnfciettlionfy endeavonr Id hrin^ up their Youth n: nil Chnpo.n nurture ^ as 
the Laws of God end this Common wealth dcih re^.uirC. 



TNefe are therefore m His tyUajefl-ies Name., to retjuire jfcu to (tccfvamt 
the Seh-a men, of jov.r Town, 'thnt the Court doth (xfed m;i. will rt- 
^ii're^ ihil the Jaid Lr.ws hf nseor'dinfly afftirdei!, the prn'nie^ n if Ihi fof' 
fnex ytegleft mtwithjtandmg : jind iou ate atfo re<jmred /c .'^4? « X^/- <^ 



3 JO Treafiirers, 

ths l^amcs of ihofi iovn^ ferforji vfiih'iri the Sounds of your Tavpn, and all 
adjacent Farms ikotJ^h out cf alt T'cwn 'Sov.nd:^ xvbo do live from under Fa- 
mily Government, viz. 3o ?ij{ Jhve their Varcm! or Mdftert, en Cbttdren^ 
jif prentices. Hired" Servanls^ of %urr\tjmin ou^ht to do, and ttfuafly aid 
in our JJattve Country, letrg fubjeff to ihtn Comrno'nds and Difctplmef 
ond the fame you are h return to the next Cburt to he held ci on 

ifie day of and hereof you are to make a true RHutnundir 

your handy and nof U> fa'ile. 



W, 



rHmiK in the tavs ht. Town-Wp*, The feveral Towtti, and SekS- 
. . men of the faid "tonns, la-de power t» imfofe Tenaliter as ihe Law 
diteds'y tA^d whereas many Conjiabkt queflion whether H be ihetr Duty 
to ferVe Wa f rants front the Seted-men for Terjort to appear before tkfn,tind 
io leavte fines: Tor the removal of fuch Doubtr, as an Addihon to tlie fdd, 
Lavfy 

This Court doth Order and Require; That all Conftables Tefpc(fi"ively, 
fhall fcrve all Warranb from the Sele<Sl mtn, and leavie ali fuch fines as 
Ihall be impofcd by the faid Town or Seleil men. ^ 1671. ] 



TREASVUXRS, 



to k«rp peifefl tT is Ordered by *h)s Court and the Authcnty thereof; That the Court 
Afcoi-pi* I ^j,y jreafcrer (liall from time lo time keep exa*^ and perfed Books of 

Accompte, of ali Tranraflions for the Coualry, and partici^tarly of ali 
T)ebts and Dues belonging to the Coiinhy, .eiLber "by Forfcita, Fines, 
how lo JisbufCe "Rates, Gifts, Legacies, Rents, Cuftom?, In politions or othei'wife, as by 
Whales, So?p wrack's, and things of Ifke nature, whei-e the Ov/ner "is noc 
known, and the Country may elarm a PrWiIec/g'e or Common Right uVito, 
as alfo of all his paynients and difbuiferrjents for thf Countries iile, vjhicli 
he fhall not malce but by virtue of fomc fettled Cuftome, Law or Order 
of tliis Court, or by fpecial Order of this Courl, or of the Council, nor 
Oialt he make any Paytnent to any perfon iniitbted to the Country till 
fuch perfon eitlicr pay his De'bt, or aefaulk fo much as is due lo the 
Country 

A 2. And it Is further Ordered ; That henceforth thero fhati be Treafi;- 

yt.f4-p-S' /cfs Annually chofen irt every County "by the Freemen thereof, who Ihall 
omnly Traafb- give in their Votes jn each Town, on tTie day of Voting for Nomination 
,-CT. towdiofen of Magiilratcs, which fhall te Cent fcaled up Ijy the fame perfon (o t^e 
Shire-meeting, and ffiere opened hefore the CommifTioners, who (hat! cer- 
tifie the County Courts und°r their hand^, the blame of the perfon choftn, 
HoClerikof Provided no Clerk or RecortTec of any County Court (hat! be cbofeo 
Trrl- '"r' 'freafurer for the County. 

And the faid Treafurcrs, ftiall from fime to time, keep exad arvd 
perre<ft Book of Accompts of all Tranfa(fl'ion3 of the CoUnljy, and parti- 

fuiar.^y' 



Treafureri. i^i 



CJiariy of ail Debt5 and Dues belonging to the County, t)»Uer by For- 
fetrs, Fihes, Raics, Guit'is, Lep,acie.s, "Rents, Culiowfs oi cihi.'rwjfc', afi 
alfu all his Difbitrrempnts foi the Cl;arges of tht Coomy Courts, Shire 
CoiiunifiTioners, vith all" other peculiiir charges of Ihe County whiii, he '^iT Jii^rlfCnt, 
pay by Oiderof the CounJy Court, except »he Imetilj pounds- due lotheMa- couiify" 
)or of the Regimant, for the year of publick excrcifc, which ilifilj be paid 
by the Country Ttea mi cr as heretofore. 

3. And it is Crdeied ; T>iat all fines artimg in any County Court, or 
fcv Oraer of one Magidrate or Commtflioners impowred in Criminal Ca- ^-SSt 
fes, ftiaH from time to tinne be paid into the Treafnrer of that County , ^^.,^ 
where the Delinquent party doth dwell, except only wliere anv perfon mmf'ceo^V"^ 
fhall be taken in the manner, and immediately cenfured by Authority m-^^'tothe Cooq 
any other County v/here fuch offence is committed. 

4.. It is Crdercd; That the Secretary of the General Court snd Court cf/^'k of courts 
cf Aflif^ants, atid the Clerk or Recorder of every County Court, Oinll f" "'"fp a<- 
keep Books of Accompt. of all Dues arifjng within the cog^inMnce ofihe ~'^'' 
rcfpeOive Courts, t)y Entry of Aftiorw, Fines or otherwifej as alfo a 
true accoont of the Fees <ir the Officers and other charges of t>ie Court, 
which belongs to the rcfpeiDive Treafurers tofatisfic; and wilhm fcurfeen Toce-tifif Ki* 
dayei after tbe end o<s eveiy Court, the faid Secretary and Clerk, fhall de- IZtCi'i^.l 
liver to the re/potftive Treafnrer?, a true Tianfcript of all Fines at\d othei 
dues, payable to the Country or County, and thej faid Treafurers fha'l I"**^°'iil',V 
within one week after the Receipt of fuch Tranfctipt, diretTl his Warrant raii'^'' " 
to the Marfhal or Conftable for ihc leavy»ng thereof. 

And if any Treasurer, Secretary, Marfhal or Conftable, make defa-ult 
herein, he (hall fuffer tbe penalty cf making gcod all Damage that fhall 
come thereby, 

ArKl every Treafurer, for his pains and fervjce, is allowed wtf fliil/m^. '^'•fafalloweitfa 
in the pound of all fines received by "hirti, and to be free from all Coun- 
try and County Races. 

And all Treafurei\s are hereby enjoyned once every year, to give an ac- ToffVeayej.-i> 
count of all their Tranfa^ions ; the Country Ticafurer to the General '*"»"''' 
Cci:rt, or to fuch a-s the faid Court flialt appoint, and prefent the fame 
at the Court of Eletlion yearly. 

And the County Treafurers fhall likewife yearly prefent their Accompis cpo^Nccuns 
to the County Courts- and if there be not enough m the Treafurers tcsMf? Tj».s 
h.'nds to fatisfie the charges of the County, the fa-d County Court fhaJI j! ct'lgL*^'^'*' 
g;ve Warrant to leavie the Atrears upoa the whole County by Rate, to 
be Icavied upon each Town and, Perfon (except fuch as are Rate-free) 
in proportion with the County Rat£ next l)6fore going, to be colle(f>ed 
by the Conflabk-s of each Town, who are hereby en)oyned to attend the 
fame. [ m^S, /■?, J7-,jt-~\ 



\T\7Hereas the Law tit. Treafurers, doth not fo fully explah. it fclf^ 
V V <ji rr t'HenJcd, in order to the Enioution of the fame ^ m reference 
to County Trer^urers-^ 

Thij Court I:)eclaie; That the fame Power and DireiHions given to the county Trcsf. 
Ctuntry Treafnrer in his place, is likewife intended to the County frea- i>ow«rfvduty 
Curei in his Place ana Limits: 

For thi better difchar^e of hn :Ow/y, and thai ever^ Coi;/iab!e Mfujlvd 
with the Colleilmg cf m-.y CowHcy 'Ratt^ vhich doth net wlhin his year pay 

M m 2 (»; 



jra Tryalr. Vagabofids-. 



in his feffrOivc County I^Jte, and wakt up bis j4t tempi s with ihe Trea- 
furer from rvhieh he had bts Warrant fo to do'. 

Such Coni¥able (hall, forfeit to the Cotinly forij jhiJ/ingi for bJS ncglert, 
and be liable to clear hks Accompts wiihin tyio Monihs; and Jbat every 
County Treafurrr fhall prefcnt the Names of fuch Cohflgljles as fhall neg- 
le^ their duty to the next County Court; And that Corn or other Goods 
paid in to the County Tteafurers, fhall be at »he f^me pfifes' that rf)ig 
Court fhall from time to time fet for the Country Rate; Any Cuftome 
or Ufage to the contrary notwitbtlanding. {^1662.'} 



T" nr A LS. 



•Nofaoreiobe YT IS Ordered; That all caufes between Party an3 party, (hall firft ic 
fbfcen!'^couft. •* ^'Y^^ '" ^°"^^ Infeiiour Court-, and that if the parly agairifl whom 
.the Judgement fhall pafs, fhall have any new Evidence, or other nev*f mat- 
ter to plead, he may defire a new Tryal in Ihe fame Court upon a Bill 
of Review. .And if Juf^ice fhall Tiot1>e done him uponlbatTiyal, hemay 
then come to this CoUrt for Relief. [ id^z.'y 

2. Tt is Ordered, and by this Court Declared; That in all AiHicns 
ai'XirocbVr' ©f Law it ftall be the liberty of the Plaint iffe and Defendant by mutual 
J«S confent to choofe whether they -will be tryed by the Jencb, or by the 

Bench and Jury, vnlefs it be where the Law upon juft reafon hath other- 
wife determined ; 'the like libeity (ball be granted to all perfons in any 
Criminal cafe. 

3. Alfo it fhall be in the liberfy of both TlainfifTe and Defendant 
m>rrfywchal. and bkewife of every Delinquent (0 beju6ge«3 by a JioY; to challenge 
'«tsc any of the Jurors, and if the challenge be found juft and reafonabltby 

the Bench ot the left of the Jury, as the challenger fhall ohoofe, it fhall 
be allowed him, and iales Jt cirCumJianUbas Impannelled in their room. 

4. Alfo Children, Id eots,X>tft railed perfons, and all that are Stan- 
gers ot new comers to our Tlantation, fhall have fuch allowances, and 
difpenfalions in any cafe, whether Criminal or othersj as Religion afld 
ReafoQ rec^uire. ^ J(f>f;.3 



VAGABONDS. 



tHis Couri he'mg fer.flbk af Ihe tncreajfof *Prc^h;imfi ovdlrreH/ioufrjefs^ 
by reafon of the Kagrnrit end Fdfabo'nd life cf SuJi^ry ferfens^ as well' 
bilnihtMtU as J'etTaigmrs^ ihat vavaer from then iffrmhss-, kelations and, 

Dweb'i/.g 



f^otei. Vfnry. 1 55 

Dwelimg places, from Town to Town, thaehy dravcmg away Childrert, Ser- 
vants, and other ^erfons^ both younger and elder, from their lawful Calhugs 
and Im^loyments, and hardning fhe hearts of one another agamfl all Subje- 
{lion to the T^.ks of Gods Holy Word, and the IJlabliJhed Laws of this 
Colony : All rvinch to prevent ; 

This Court doth hereby Order and Ena<f\; That all fuch pcrfons, where ^^^^^^^ ^, 
ever they may be found in any place of this Jurifidi<ftion, be Apprehended waoduugprr- 
by the Conftable of the faid place, with or without further Warrant, and '""' 
and brought before the next Magiftrate; who if upon Examination, fhall 
finde them to be fuch as do rot eive a good and fatisfaiflory account 
of fuch their Wandring up and down, they (hall proceed withandagainft 
them as Rogues and Vagabonds, and caufe them to be corporally puni- 
(hed, and fent fr.oax Conftable to Conftable, until they come to the place 
of their abode : Or in cafe they will not confefs where their abode 
is within this Colony-, nor yd voluntarily depart out of the fame, then to 
be fent to the HouCc of Corredion, there to remain until the next Court 
of that County. [^1662 J 



votes: 



]T is Ordered, and by this Gourt Declared; That all and every Free- 
man, and others Authorixed by Law, calkd to give any "Advice, Vote, 
Verdicft or Sentence in any Court, Council or Civil AITembfy, (hall have Lifwrtj of 
freedome to do it according to their true Judgement and Confciencc, fo ^ "* 
it be done orderly and in-offcnfivcly for the manner, and that in all cafes 
vhercin any Freeman or other is to give" his Vote, be tt in point of Ele- 
ftion, making Conftitution? and Orders, or pafiing Sentence m any cafe ortdbeCltnt 
of Judicature, or the like; if he cannot fee Light or Rcafon to give itpo- 
fitively one way or other, he (hall have liberty to be fllent, and not pref- 
fed to a determinate Vote, which yet (hall be Interpreted and Accounted 
as if he Voted for the "Negative. redoo'lhcTcg"" 

And further that whenfoevcr any thing is to be put toa Vote, and Sentence ^"" 
to be Pronounced, or any other matter to be Fropofcd, or Read in any Court 
or Aftembly, if the Prcfidcnt or Moderator fhall refufe to perform il^ the 
major part of the Members of that Court or AfTembly, fhall have power 
to appoint any other meet perfon to do it, and if there be juft caufe, to 
puniih him that (hould, and would not. [^ i^jr/. J 



I 



V s V R r. 

T is Ordered, Decreed, and by this Court Declared ; That nc man fhall 
be adjudged for the mcu forbearance of any Debt, above e/^k;)oa>?^ in 
t»c fcMM</n?i, for o»f^e<ar, and not above the Rate proportionably for all fums 
whatfoevcr, ( Bills of Exchange' excepted j neither fhall this be a colour or 
countenance to allow any Ufury amongft us contrary to the Law of God- 
C'<*-^'j 'Til N n wum. 



154 



Watnp^m^eag. WcUhw^. 



W A M T ui M P E u4 G. 



Repealed. 
I66t. 



I 



T is Ordered ; That Wairipanipeag fhall pafs crrrant in the payment 
X of Debts, to the payment of forty Jhillw^s, the white ata^ht a ^cwy- 
the black at/oMr, fo as they be entire Withojit blenches or dt/ofming 
fpots, except in payment of Country Rates to the Treafurer, which no 
Town or perfon may do, nor fee accept thereof ficm tiaictotime. f/^^^v 



WATCHING, 



J./2.p.li. 



CooAibte to Tet 
ttic Waicb 



A.sJ.f'^s- 

.fcleftmento 
otdic Wil<:'.e3 



Conftjblcsfhitg 
10 the WatcS 



Might-wilkers 
vobe (ccured 



Witch to caa fir 
(i^hts to be pu( 

9Ut 



L./.f.jJ. 



Waichicgfof- 



FOr the better keeping of Watches by ibe ConJlabJe in tie time of peace 
It is Ordered by this Court and the Authority thereof^ That all Ccrfiabfes 
Watches in every Town of this Jurifdiaion, ftiail btgiti the fiiftof Mar 
and continue tilt the end of Septitnber, upon the penalty of fire pounds* 
to be leavied on every Conflable negleflirg the ^ame. ' 

And it fhall be the care of the Coiiftable, to fee that the Watch be fo 
■warned, that it may not ccnfjfl: of al), or the greater part Youths but 
that able men be joyned with them, that the Watch may be a fufficient 
Watch ; unlefs the Sele€lmen of that Town, who have hereby power 
ilia[l othcrwife Order and Difpofe the faid Watches, both rcfprairV time' 
place, number and quality of perfons, as to them fliall fcem n:oft''mect.' 

And a!) Inhabitants of this jurifdidion ( except fuch as arc by Law 
exempted) thalJ cccordicg as they are warned to frrve the Country in 
the Conftables Wattihes, dudy and ftri^Iy obferve the charge given them 
by the Conftablcs; And tJte Conftables in every Town from"timc to time 
are hereby enjoyned to pivc in their charge to Watchmen, ibat theydcc- 
ly examine all Night walkers cftcr ten of the deck at night (imkh :hey 
be known peaceable Inhabitants) to inquire whether they are going, ^^d 
what their bufinefs bj and in cafe they givs rot rcafcnabic ratisfa'dlfcn 
to the Watchmen or CoTjftable, then the Conftablc (hall forthwith fccure 
them till the morning, and fnal! carry fuch perfen or perfons before rhe 
next Magifirate CI Ccmnij.lioncr, to five fstisfadion for their bciP" a- 
broad at that trme cf rfght. And if the Watch men fhall finde any^In- 
habitant or Strangsr, after tco of the clock at nighr, behaving themfclvjs 
any wayes debauchedly, or fhall be in drink, the Conftable fhall fecure 
them, by commitment or othcrwife, till the Law be fatisfied. 

And further, the Conflable is to give the Watch men in charge, to fee 
all noifcs m the ftreets ffi/led, and lights put cjt (except upon ncceffary 
occafions) for the prevention of danger by Hje as much as may be. 

And every Conftable (hall prcfait io one of the next Mag iff rates or 
CommifTioners, the Name of every perfon, who fnali upon lawful warn- 
ing refufe or ncglca to V/atch c? W&:^, dthe? in pet fen, or by fome 
other fafficient for that fervice, ::nd if bcir.g con vented, he cannot give a 
jua excufe, fuch Magiftrare or Connr.iffioner (hall grant Warr:!-.t to any 
Coailable, to leavie five fhtlhn^s of every Offender" fot fuch default, the 

fame 



Wet^hts and Measures. 155 



fame to he imploded for the ufc of the Watch of the fame Town. 

And it is the intent of this Law, that every pcrfon of able body, (not 
excepted by Law) or of Eftate fufficicnt to hire another, .fhall be liable 
to Waich ani Ward, or to fonply by fome other, when they fhall be yf"* f,';'"P''"a 
thereunto required; And a thfre l>e in the lame hicjie d'vers fiicn per- 
fosG, ur.e£h§e Sons, Servants or Sojourners, they fhall all be compellable 
to Watch as aforera'.d ; Provided, that all fuch as live or keep Families at 
tiieir FarrKS, being remote from any Town, (hall not be compellable to Watch 
and Ward in Towns. [, i6^6y46,}2^s7.'^ |l 

i 

THe Court under Jianding there is much inequality, in that clivers are freed \ 

from thofe Watches^ whereof all do receive e({ual benefit^ for an £xf tea- 
cation of the Law concerning Conftables watches •, 

Do Order, the Magiibstes, Deputies of this Court for the time being, ptrfon? exempr 
Elders of Churchss, the publick; fworn Officers of the Country, with the waTchw"'^""''" 
Commiffion CtBcers ii each Trained Band, be freed from all ordinary 
Watches and Wards of the Conftables, and no cibcr perfons, except fuch per- 
fons as (hall have fpecial and perfonal Freedome by Order of this Coarc j any 
former Grant ot Cuftome notwithftanditig. [ idSf.J 



Weights and Meafures. 



TO the end Meafures and Weights way he one and the fame throughout 
this furifdiilion ; 

It is Ordered by the Authority of this Court; That the Country Trea- stanjardtto be 
furcr fhall provide upon the Countries charge, Weights and Meafures of T°aUifa^ ""* 
all forts, for continual Standards, to be Sealed with the Countries Stai^viz.. 
one Bujhel, one half Bufljel^ one Peck, one half Teck-, one Me quart, one 
Wine finty and half pint, one Sin, one Yard, as alfo a fctof Brafs Weights 
to four pouttd, which fhall be after fixteen Ounces to the Pound with fit 
Scales, andjleal Beams to weigh and try withal. 

And the Conftable of every Town within this JurifdijTlion, fliall withirt 
three Moneths after publication hereof, provide upon the Town charge, prTv?de'"uni. 
all fuch Weights, at leaft of Lead, and alfo fuffwent Meafures as are a- ards for iowij» 
bove expreft, fyed and Sized by the Couctiy Standards, and Sealed by 
the faid Treafurer, or his Deputy in his prcfence, f which fhall be kept 
and ufed only for Standards for their fevual Towns ) who is hereby Au- 
thorized to do the fame, for v/hich he fhal! receive fro.n the Conftable of 
each Town two pence ior every WcifM rr.i Ai-tfurc fo proved, fized and 
fcaled. And the faid Conftabk of every Tovni, fhall commit thofe scaicrtobc 
V/eichtt and Meafi'.i''.s unto the cuftflily of the Scletfimen ol their Towns V'^n'^y^"* 
ifor the time being, who \"v}^ the faid Conftable are hereby enjoyncd to 
chufe one abla man to be Sealer of fuch Weights and Meafures for their 
own Town from time to vrm-. J>A till arxtlier be chofcn, v/hich man fo 
chofef, they fhali prcftriE to tu nest Couary Court, there to be fwom ^°^' •"""'" '* 
10 the faithful difci^crpe oJ Lb duty, who fhall have ^ower to fend forth court""" "" 
his Warrents Ly Uis Ccr.'lfebie, to all the hihabitants of th^ir Town to 

N n 2 bring 



Wspees, 



15? Wharfage. 

bring in all fuch Meafures and Weights as they make any ufc of^ in th^ 
lfldu:v fccond Moncth from year to year, at fuch time and place as he fhall an. 

point, and rgakc a return to the Scaler in Writing of all pcrfons fo fum- 
moncd; that then and there all fuch Weights and Mcafures may be' pro- 
ved afid fealcd with the Town Seal, ( fuch as in the Order for Town Cat- 
tle) provided by the Conftable at each Towns charge; who fball have 
for every Weight and Meafure fo iSealed owe penny from the Owners 
thereof at the firft Scaling. And all fuch Mcafures and V Veights as can- 
not bcbroughttotheir juft Standard, he fbdll deface or deftroy , and after the 
firft fcaling (hall have nothing fo long as they continue ^ufl wjth the Standard. 
e^tid that none may negkd their 'Duty herew, 
It is further Ordered by the Authority aforefaid; Thatifany ConflabJc, 
SelcA men, or Sealer, do not execute this Order as lo every of them ap^ 
pertains, they fhall forfeit to the Common Treafury forty fliillings for eve- 
ry ftjch negIe€V, the fpace of one Moneih^ and alfo that every perfon neg- 
lecting to bring in their Weights and Meafurcs at the time and place 
appointed, they fhall pay three fillings four per/ce for every fuch default 
one half part whereof fhall be lo the Sealer, and the other half to the 
Common Treafory, which the Sealer (hall have power to icavje by di- 
itrefs from time to time. [ '^^7.] 

v^.//. a. This Court (.Qnfdering the ComplainTs of feveraJ jihufes^ in Men- 

furing Corn, Boards^ and Cording of V Vood ; 

Doth Order, That it fhall be in the power of the SeJefl men of every 

Town, to appoint one or two, or more as need (hall require, who fhall be 

fpSnr"c/° fwom faithfully and uprightly, 10 Meafure all fuch Com, Wood or Boards, 

Wso/toin as they fhall be called unto; and that no man fhall be forced to receive 

''. any Com, Wood or Boards, (except they agree thereunto) but fuch as 

is Meafurcd by ftch perlon or pcrfons fo appointed and Sworn ; the parties 

receiving the Coni,Y Vood or Boards, paying for the Mc afuring thereof. / Ojs- 



Rates for Whar 
fage 



VI^ U ji R F ji G E. 



IT is Ordered by this Court and the Authority thereof; That thcfc Or- 
ders (hall be obfcrved by all fuch as fhall bring Goods to any Wharf, 
and thcfc Rates following be allowed: 

firft, For Wood by the Tun three fend -^ for Timber by the Tun four 
pince-j for Pipe flavcs by the thoufand 7ii»i'pemc; for Boards by ihcthou- 
{■ii\A px pence . for Merchants Goods, whether in Cask or othcrwifc by 
the Tun, fixpence-, for Dry fi!h by the Quintal one penny; for Corn by 
the Quarter one -penny and a half penny ., for great Cattle by the Head twi; 
fence; for Goats, Swine, or other fmall Cattle, except fuch as arc fucking 
their Dams, by the Head a half penny ; for Hay, Straw, a/id al! fuch 
Combuftable Goods, by the Load fix pence; for Stones, by the Tm a 
fenny; for Cotton Wool, by the Bag tvev fence; for Sugar, by theChefl 
threepence: Provided that VVharfar,e be taken only where the Wharfs 
are made and maintained; and that Wood, Stone and weighty Good?, 
fliau be fet up ex\ end, or laid feaven foot from rhe fide of the Wharf, 
upon penalty of double Wharfage, and fo for other Goods, and that no 

GooCs 



yi^iUs, is 7 

Goodc lyc on the Wharf above forty cigJit hours wilhout furrher figrcc- 
merit with the Wharfinger: And that it fhall be lawful for the Whar- 
finger fo take according to thefc Rates out of the Goods that arc Landed, 
except they be fatisfied otherwife. 

a. And it is further Ordered- That none fhall call an Anker, Grap- 
lin, or KiHaek, within or neer the Cove at Bofton, where itmay inaang«- "^"''^Se p?' "^ 
any other Veflels, upon penalty of fen Jhttlmp, half to the Country, "half oxDj. 
to the Wharfinger, befides paymg all Daitijges. 

3 And that it fhall not be lawfnl for any perfon to eaft any Dnn^, c.<Ka..«rt.^ 
Draught, Dirt, or any thing to fin up the Cove, or to annoy the Neigh- pcnsDy^oft. 
hours. Upon penalty of forty Jhi/lw^s, the one half to the Country, the 
other half to the W harfinger. [ /tf^/. 3 "' 



WILLS. 



'yrrpfereas tl is found hy experhme, ihal feme men dyiite, havmi> made 
V V their f^rt//s for the itfpofmg of thetr BJlaUs, that the faid VVills t ,. ^ 16. 
are concealed and not Trailed and Recorded- and fmne cfber/ dying hte- ^' 

flate,no Mnnnifiratm is fought for, nor granted m any legal r>;ay%Kdyet 
theVVms, Chldren Kin<^reS, or f^me frimds cf the DeceafeJ.or fime 
ethers ^0 enter upon the L,nds, and pofefi themfitves qf the Good: cf the 
Said Deceafed, and the fnme ate many tmes fold or mji^d tefare the Crt 
ditors to whom theDeceafed vras indebted k»^of v,hj to DeLnd, or how 
dVJ^gl[ "^"-^ ''' ^"' ^''^'"'ion of Such unjuft and frauduhni 

EJil^No^tatldt^n;^^ ^^^J[^ That if any 

next Court of the Coun y,^^S^ 'h Si W 7/ %V f T^ "'^^' '^^ 
deceafeofthepartv m^klvrlV.S \^?"!^^^"^'i ^^y^"' *f*" ^^^ 
fhall not caureL?3mTto'brfc^;L7/,,^'^^ 

CountyCourtwhererhedeceaftJ^artv l.fti u'''''?" ""' Clerk of that vedT^xtcooH 
ver, (hall not v^ithin the fame Jnie LkcVf ■ n '' '^ '^/"^ P"^*"^ ^^^^'"'^'^ 
he hath or fhall enter uoTn of «n. D^?'"T'"''"°'"'«f 2" ^l^^h Goods, as 



he hath or fhall en.er upon of anT^artvT. rS""^ '"/"^^ ^""^^' ^^ ' 

Proved and Recorded the WtH c^f ,yr t^ r^! ^''"'^' ^^"^^^ ^^^ ^"^ zu^wv^n^Ai 
and brought in a tr«e nveXy oMi?h'cT ''' 7 '''''' Adminiflrar.on, .rr'"""^" 
of the dcceafed- every fuch m-Lri]^^^"n''"^«"^«'G«>'l^a"^ Debts 
Liable to be Sued, and fhall be h " j f '^"^'"'^"ng or Executing, fhall be h"^^}' I" m-^ 

as the dcceafed %^!y o^^'l^^t L^^^^^^^ ^^^^^ -'p^<^-'>'' 

Bnt for the fame or riot, and S Iir r r f °/^^^^«^<^^a^«^-we^^ ^'^'^'^ ««foun3psr 

lummsof/rf eo«;7<i^asfhaIlhcMon.», ? ^"'^^^^^^o rhe Country fo rDanv ™°°*'^ '"'';,"?,* 

ty aftcr^the' death of tie paT^" ^ a W^j''' 'J ?"^* ^'^^^' """ 

VVill and Recording rt, or thH^k m. oft'^'A'."^- '\l' ^^^^'"g "^ ^"^h 

, /-nd ,f any perfon fhall RenL ' '11°^ f^^^h Admmiftration. 



f , r.curite Itve 

Writh of ^^'"^ '° '^''^ 
fad: 



138 lYiintpes. 

fuch Town wh?re any fuch perfon fhsll dy, fliail wiiljin one Month auzz 
his deceafe, give notice to t^c Court of that County to which fuch Town cisth 
telo-10, of inch Renouticing of E.xeciJtorfhip, cr not fee-'iingfoi'A^miniftra- 
or forfeit <ot t;^,^^ ^v^^ ^^ (f,^ Court ir^ay taHs Tjcli Order Ihcrejn £S ihcy ftiall think 
meet, \ulio fha'l alfo allov,' fuch Clerkc 3ue recompenee foy his paincsv 
and if any fuch Gierke fhall fa:le herein, he fhall forfeit fcrly JhiUmci {0 
the Treafury for every months default. C'^^yJ 

A.S£ f,it ■^' «-^'"^ fc^c<?i{/f w^«^ MfrehahU^ Sn^mett and other Slra^i^ery^-rejbtt- 

ifi£ hither oftenfintes, Dyr/;^ end htfvh^ ik?iT FJiates tmJrfpofed of^ and 

very dijjicuU to le preferved m the inter iin frcm one County Couri to ami her ; 

It ks therefore Ordered, that jt fhaJi and may "be Lawfull for any-two 

Magiilraiies v/nh the Recorder or Clerk of the County Court,. Meeting 

TwoMsiilniaU *'*8'^*h^''5 to -allow of any Will of any drcafcd parly, to tJie Executors or 

»oW ptoiiU ^ifher perfons iu the "Will menlioned, fo as the Will be terfifitd:on the 

of WJIJj. Ogff^ of jyyo Qj jy,Qjg yyitnefei, and alfo toGra\intAdnniniftrationtothe 

Totfra- ua- '^^^^^ ^^ ^"y P^rfo" dying jnteftare within Ihe fard County, to the next 

oirnSnS'ioh of KJr|, or to fuch as Ihall be alile to fecure the fame for the next of Kin, 

and the Reccrder or Cleric of the Court, fhall enformolhe reft oflhcMa- 

giflrates of the County, al the next County Court, of furh "^^Vill proved 

Of Adminiftration daunted, and (hall Record the fame, ["/tf j-^/J 

L.1.P.J3. 3. And it is Ordered, that when the Husband orParenfs dy inteftate, 

h,2 *F.6. the County Court of that Jurisdi^f^ion where the party had his laft Refi- 

dencc, fhall have Power to afTign to the widdow, fuch a part cf his eftate 

S^^e'iLtT ^^ '^^y ^^" J"^^*^ i"^ ^"<^ «1"3' 5 as alfo to divide and aCignc fo the 

tBiaifpofed. Children or other Heires their fevcral parts and portions out of the faid eltate. 

Biaeft s«na Provided, the£ldeftSon fhall have a double Portion, and where there are 

aouWeFoHjon no Sons, the Daughters fhall inherit as Copartners, unlefj the Court upoa 

jaft Caufe alledged (hall otherwife determine, [^/^fi, ^^~\ 



rvi t j^.:e S S E 3. 



T is Ordered, l>creed and by this Court Declared, that no man fhall be 
put to Death, without thte TeAimony of two or thipe Wtitiefesy cf 
that which is equivalent thereunto. £1^41 "} 



I 



a, At;d it is Ordered by this Court aijd the Authority thereof, Thet 

UJ-enbtforeone any onc Magiftrate or Corruniffioher Authoirzed therennfo by the General 

bfigiftrate. Coiirt, may take the Teiirmony of any perfon of fonrtcen yearcs of age, 

or above j of found undeiftanding and reputation, in any Cafe, Civifl oc 

Criminal, atkl fhall keep the fame in his^ own handstilfthc GowJ, orde- 

wHnei5«-(o»p liver it to the Recorder, pu.biick Notary ot. Clerk of the writes, to be Re- 

i/vT ''"'•^r "' corded, that fo nothing niay "he altered in it. Provided that where any 

iZ'i^iUs fuch witnefs fhaW have his r.brce withir, t^n miles of {he Court, and tl^ere 

living 9nd not fllfcnf^led "by ficknefs or olljcr infifmily, the faid TenirnoT 

ny fo ta.Kef^ o^i of Corrt, fhall . not be received or made vie of in tha 

Court, except the wttn^fTca be ^Ifo prcfcnt to be further iixarfii,':;::;^ alsout it., 



Provided aKo ibaf in all Capital Cares, ail WUnefTcs fhall be prefenf , 
wncTcfocvcr tncy dwell. of«, 

3. Aird it is fuither Or^ere^ ty fhc Authority aforefaid, That any 
perrpn Summr^nrd to appear as aWitnefsin any Civil Court between parry 
3nd partj, fhall nol tie tompf llabfc to travail to any Court or place where "he iS 3^"^^// for" 
to giveh'sTeftimony, except l)e vJio ffiad fO'Surnmon him fhall lay down or cWjffs i.id 
give him faVisfad^ion for his Travail SrExpcnces outward and homeward, and ""^ 
for lucfi lime as V\e fhall fptndin alter\ci3ricc in fuch cafe when Tie is at fuch 
Court orplade, the Court /hall Award ducRecompence. And it is Ordered Aijiipi 

that trro ]Jk//w/-? a day f^all'be accounted due fatrsTiiftiontoany witnefs for ajy 
Travail arid Expeqces, and that wlieti thewitnefs dweHeth within thrtemiiej 
and i-s not at charge to pafs over any other Perry (hen}) eiwi)i\ 3 oji on n Charh- 
towijhsriOTJfJh'diyigfx'penef per (^vm (ballheacconnUd fufficient,aTvd if ar)y Onenii'iing nx 
witnefe after furh payment or fatisfai^ion, Dial! faile tfc appear to give hts ^'*^' ' '^' 
Tc(rimony,>ie fhaH be liable to pay the parli«d«mageK upon an aOJonof Jhe wHys Tot ;ip 
CsTe. And alt Witneffes in Criminal Cafes fhallhave fuitable fatisfa<^»on ^^^ff*"^'/ 
payd by the Treafurer, upon Warrant from the Court or Judge "before °'^" 
whom tlje C^re \s tryed. ,, j.^.,„,.„,, 

yind for a General Rule to he objerved in all Criminal Cajes^ boih Vfbere Ci(^*>*t'f^ 
the Fines are fut in certain, and alfo where ihej are olhermjei, V'^'uir.^ and 

U is further Ordered by theAufhonty afore/aid, that the charges ofwiN '••.^f' fj'*"" 
neffefi in all fuch Cafes (hall beSoin bythe parties delinquent, and fhall be ^«*''^"*'' ' 
added to the Fines impofed, that fo the Treafurei haveing upon Warrant from 
theCourt, or other judge fati.sfied fuch WitnetTee, itmayherepayedhim with 
the fine, that fo the witneffcs may be timely fatisfied and Hhe Countr-y not 
damnified I 1 (47-2 



ji. 4S. 



WOLVES. 



KTXTl-fertas ^ri;at Lojs avd Damage Jcth hefalt this Cornmnn-weaUh by 
V V reafc-n 0/ Wolves, Xi'htch c^eftfoy^rent numbers of cur Caltle, noffvilh- 
fiQr)ding-^TOvt[ion formerly made hy this Ccurt for fupfreffni^ of them i there- 
in for th? better inrourugervxni of any tvfet about a vtor\of jo great cowerrtmet 
It is Ordered by this Court and Ihc Aiilhority thereof.that nny perfon either 
EngUih or Indian that fhall kill any IVoifeor n-oives , withm ten miesofany u* afcoot 
IPIantatioJiin this JurisdKf^icn,fhallhave for every iVotfihyhJm or them fo ^o"**' 
lolled /fKAi7/in/i,paid out of »heTrca(ury of the Country; Provided that due 
proof be made thereof unto the Plantation next adjoyning where fuch Wdfe or 
vrohes were killed: Aid aKo they bring a Cerllficate under fomcMagiftiatee 
hand, or the Conftabfe of that place urtto the Treafurer ; Provided alfo that this 
Order doth intend onely fuch 'Plantations as do Contribute wifh us to publick 
charges,and for fuch Plantations upon the River of Ftfsafa^ay fhstdo notjoyn 
wrth us to carry on publick charges, they fhall jnake payment upon Ibeir own 
charge, \_i64j.'] 



O o Z ^efidei 



l6o Wood. 



BEfdes all other CoYifderatms mdTrovifomforthe depuUionofWohics' 
It is Ordered by this Court and the Authority thereof; Jhat every fuch 
Indian or Indians, as fliall any way deAroy any Wolfe or Wclves and 
deliver the Heads of fuch Wolves imto the Seleift men of any Tcwnfhip 
in this Jurifdiflion ; (hall receive of fuch Selecf^ men, either two pounds 
of Powder, and eight pounds cf Shot, or one pound cf powder, ard four 
pounds of fhor, and five fhillings in Come or oilier pay , or effe thev 
Ihall receive of the Countiy Treafurer, Ten fhillirgs a head, and no pow- 
der and fliot, which fuch Indian fhall chufc; and fuch Seicifl men as fhall 
pay any Indian according to their order, fhall rebate it out of their next 
Country Rate with the Treafurer; any Law or Cuflome to the contrary 
■notwithftanding, and all Sele<n men or others that by virtue of this Order 
or any other, fhall make payment for any Wolves, fhall -cut off the 
Eares of all fuch Wolves heads, and caufe them to be buried, that fo 
tione may be twice paid for. [_i66i.'} 



THis Court dotb Order, as an Encouragement to pcrfons to dcflroy 
Wolves; That henceforth every perfon killing any Wolfe, fhall 
be allowed out of the Trcafuiy of that County where fuch Wolfe was 
Slain, Twenty pillwgs^ and by the Town Tor fljillings, ax)d by the Country 
Treafurer Ten Jlnilinis-^ which the ConAable of each Town (on the fight 
ofthe cares of fuch Wolves being cut off) fhall pay out of the next Countiy 
Rate, which the Treafurer fhall allow. [^/662.^ 



WOOD. 



FOr ihe civc)dm£ of hjimes l^ Carts and "Boats^ to Sdlcv and Suya;, 
of wood:, 

It is Ordered by this Court and the Authority thereof; That where 
Wood is brought to any Town or Houfc by Boat , it fhall be thus Ac- 
counted and Afhzed; A Boat oi four Tuns ihdM be accounted ihreeLcads, 
twelve Tuns., nine Loads, twnty Tun, fifteen Loads, fx Tun, four Load 
and halfc, fourteen Tim-, ten Load and halfe, tvpenty Jour Tun, eighteen 
load, ei£ht Tun, fix Load, fxteen Tun, twelve Load, twenty eight Tun, 
twenty one Load, ten Tun, fevenLoad and halfe, ei^hteenTun, thirteen 
Load and halfe, thirt)/ Tun, twenty two Load and halfe. 

Except fuch Wood as fhall be fold by the Cord, which is and is here- 
by Declared, to be Eight foot in length, four fooiin height, and four foot 
broad. ^164^, i^47-3 



JVorkz)'-£t^ 



fVotkmen. Wrecks of the Sea. 161 



l^r O R K M E ^' 

BFcaiifi the harrejl 0/ Bay, Corn, Hemp and Flax, comes ujually fon^sr 
toietber, that much Icfs can har/jy beavcyded-, 

li IS therefore Ordetcd by the AuthoritYof this Court, ThattheCon- 
(lablcs of every Town upon Rcquft made to them, Chall Require any 
Ariiiicets cc handy ciafts men meet to Labour, to work by the day for 
their 'Nein;bbcuis in ynowing^reapng of Corn, and inning thereof,; Provided 
that thole men whom ihey work for, fhall duely pay them for their work ;_ 

/>nd that if any perlon (o Required fhall lefufe, or theConftable negleft 
bis Ofiii-e herein, they fhall Each of them pay to the ufe of the Poor of 
the loun, double fo much as (uch Daycs work comes unto; 

Provided no Artificer or Handy craftsman ihall be compelled to Work 
as aforcfaid, for others v\hi)es he is neceflanly attending on the like Bufi- 
t'csof his owne. \_ td.i.6.'} 



V!^ RECKS OP THF SEjJ, 



T is Ordered, Decreed, and by this Court Declared; Tliat if any Ships 

or other VefTclls, be it Friend or Enemy, (Viali fuffer Ship-wreck upoii 

ourCoafls; there fV.all be no violence or wrong offered to their Pcrfotis or 

Goods, but their Pcrfons (hall be Harboured and Releived, and their 

Goods prdcivcd in fafety , till Authority may be Certified and Ihall 

take further Order therein, 

Alfo any Whale, or fuch like great Fifh caft upon ?ny fhorc, flial 
be be faf"cly kept, or improved where it cannot be kept, by the Towne 
or other Piopnetor of the Land, till the General Court iball uke Order 
for the fame, [^ 161-13 '^47^2 



WRITS. 

IT is Orcfcced by this Court and the Authority tficreof. That hcncefortTi 
ail Wntts, r.ocefsardIndi<ffments, fhall by all Magiftrates, the Secret- 
ary, CIciks c"" the feve.c:.! Courts and Wntts, be made and fcnt forth it\ 
liis Majeilics Name: i. e. You are heteby Required in his Majefties 

F 1 :hC I s 



Trefdms and Fames, i6z 



**S £;!2q aeS tSa cs s taa Ssb a>53 ci?^ :i5J CTs Mta u.5^^ 



of things frequently Vfed. 



"^^^^ O n f- ^ ] Carpenter, of f D. ] You are Required in His Ma- 
•^^^^ jcftiesName to appear at the next Court, holden at £B.2 on Srnmons 
^^ hf2 ^^^ day of the month next enfuing; to anfwer the complaint 
|])g^XK^^ of [iV.C. J for withholding a debt of due vponz Bond or 
"Si/i: or for two Heifers &c. fold you by him; or for work, or for 
a Trefpafs done him in his Corn or Hay by your Cattle, or for a Slander 
■you have done him in his name, or for Striking him, or the like; And here- 
of you are not to fayle at your Peril. Dated the day of the Month. 

TO the Matfhall or Conflable of [5-3 or their Deputy, You are Attach- 
Required in His Majefties Name to Attach the Goods, or for want cher- mg^ts. 
of the Body of [ W.F. ] and to take Bond of him to the value of 
■with fufficicnt Surety or Sujetyes for his Appearance at the next Court 
holden at [5. J on the day of the Month; then and there lo anfwer 
the Complaint of [_ T. M. ~\ for &c. ai lufore. And fo make a true Re- 
turn thereof under your hand. Dated the day &c. 

By the Court 3^. F. 

KKow all men by thcfe prefents, that we [^.5] of [D.J Yeoman, Sond fof 
and iCC] of the fame, Carpenter, do bind our fclves, ourHeires yioneL^^r^ 
and Executors to C^- ^-3 MarOiall, or iM.O.^ Conftable -of [ Z).] ^ '^^'^^'^'^^ 
aforcfaid, in Pounds upon condition that the faid [ ^4. B.~^ fhall 
perfonally appear at the next Court at [5.3 to anfwer ^L. M-^ in an 
A(ftion of And to abide the Order of the Court thexein, and not to 
depart without Licence. 

TO the Marfhall or Conftable of You are Required in His 

Majefties Name, to Replevie three heifers of [T.«p J now diftrein- 7{epUvln. 
ed or impounded by [ aA. 5J and to deliver them to the faid [ T. J. J 

V p 2 Provid 



1 63 Frcfidents and Former. 



Proviaec>. he give Herd io the Value of wilh fu/Tjcknt Safdyor 

Suretycs to profeculc his Replmn-ar the next Cc5urt'ho!(isa at [JJ and 
fo from Court to Court till the Caufe "be eri3e3; afid io pay fueli Cof*3 
and Damages as the hid [ J.JB.^ ft»all by Law Recover againflliimj 
And fo make a true return fhereo/ under yot;r liatsd XJflte.3 S/c, 



vv 



Herai u^on ftrkus CorfcLeraiiotf, We have eoncluded a Cctrf^Jeracie 
mth the Engl;^ Colontes of Nev^Plimwth and Comffud , as 
iic 'Bond of Nature , Reajon , Mfipon and Hefted h t;ur- /Jaimn doih 
Cammijfion- jieoiire j 

ertfcrtheV- We have this Court, Chofen our Tnjftre and wel! beloved Friends, 

Ttited Colo- [5. B.J and [T.J).] for tbisColonie- for a {nil end corriplcnj Year, 
^^^» as any Occafions and Exigents may "Require, and parlictsrly for (he ne.^t 

meeting at [ P ] And do inteft them u/ilh full Power aho Aulhoiiiy. 
TbetrPmer to Treat and Conclude of all thrnge, according to the true Tenour and 
Meaning of the Articles of Confederation of ibe Uniied Coloniej. Con- 
cluded by the General Court held at 'Scjlon ihefftccnth of May. [^if 72^ 



"^ T^X 7Horefls 1 f-}^. 3. 3 am an Inhabitant within lhJ3 JurlsdiiHIon, 

» V Cotifidering "how I fland Obliged to the Kings Majefly, his 

Hcires and SucceflTors, l)y our Charter and the Governmcrit XflabliOied 

thereby; Do Swear accordingly by the great and dreadfull Kame of the 

Oath of It- iver-Living God, that I will bear Faitli and true Allegiance to our So- 

(Jelitte. vcraingn Lord the King, bis Heires and Succefiors; and that I will he 

Trtie and Faithful! to this Government, and accordingly yeild AlViilfince 

theteuntOj with my perfon and eflate, as in equity lam bound; 

And vili aifo truciy endeavour to Maintain and preferve all the L'her- 
lies ahd Privilcdges tneieof, Submiting my felf unto ihe wholf Tom Laws 
made and eftablifhed by the fame. 

And farther that 1 will not Plot orpraOice anyevill a^ainft it, or con- 
fent to any that (hall fo doi but will timely difccver and reveal t^efajpe 
to Lawfull Authority now here eitohlifhed, for the fpeedy preventing 
thereof. So help me God in our Lord Jei'us Chti/T. 



VV 



Hereas I [ A. ^.. J being an Inhabitant of the iTiir;:rdijflion of 
the Ji^ aJfachvfcU , and now (0 be made free. Do bcre-by ac- 
knowledge my felft: to be {vh\tCt to the Government thereof ( Confider- 
ing how I ftand obliged to the Kings Majefly, his Heires and Surceffcr>«:, 
Treemans by our Charter and the Government eflablifhed thereby Do Swear ac- 
Oath, cordtngly, by the Great and Dreedfull Name of the Ever-Living GOX?, 

thar I willljeat Faith and true Alegiance to our SoveraigneLord the King, 
his heires and Sncceffors,) and that 1 will be True and .Faithful! to the 
fame, and v/ill accordingly ytild Atfiftance andSuppoil thercunic witl? my 
perfon and ettate, as m eouity 1 am bound; AndwE'l alfo truely endea- 
vour to maintain and prefcrve all the Liberties ar^d privi)edges thereof, fnli- 
nutting my fcKe to thewolerorne Laws marif and efiabltfhed by the rarji»fi 
And farther that J willriol Plot nor Piadticeany Lviil againA it, or con Cent 
to any thai fhall fo do, IjuI wril timeJv difcover axA reveal the fani* to 



Pre f dents and Formes. J64 



Lawfull Aiiihcrity now here cilabiifhcd, for. the fpecdy pre. cntion thereof. 
Moreover 1 do Sdemnly bir.d my fcifc in the light of God, that 
when I ft;a!l be called to give my Voycc touching any fuch matrcr of 
this S:al2 wherin Freemen are to deal, 1 will give my Vorc andSuffiagc 
as 1 fhaJJ in irine own Confcience judge bcfl- to Conduce and tend to the Pub- 
lick WcaJe of the body, without refped of perfons or favour of any man. 
So hdp lae God in our Lord Jefus Chrift. 



"^/"^THercas you [5^ 5.] f/^. are Chofeo to the place of ^opfr^oHr, 

V V over this Jurisdi<nion ot the txit/<3ir^<;fci</f^J, for this year, and Covernours 
till a new be Cofen and Sworn, Confidcring how yosi ftand Obliged to Qath. 

the Kings Majcfty, his Heircs and SuccefTours, by our Charter and the 
Government eftabUfhed thereby ; Do Swear accordingly by the Great 
and dreadful! Name of the Ever-Living God, that you will bear Faith and true 
Allegiance to our Soveraigne Lord the King, his Heirs anJSucccflors j that 
you will in all things concerning your place according to your beft power 
and skill. Carry and Demean your felf for the faid time of your Govern- 
ment, according to the Lawcs of God, and for the, Advancement of his 
Gofpel, the Laws of this Land and the good ofthepeopleof this JurisdifliJ 
on. 

You (hall do Juflice to all men without partiallity, as mnch as in you 
lycth, you fliall not exceed the Limitations of aGovernour in your place. 
So help you God, in our Lord Jdus Chrift. 

WHereas you \_J.L,'] are Chofen to tlie place of the TteYuty Go- Deputy Go 
vernuur 6ic: as in the Govetnours Oath» mutatis mutandis. vemcurs 

Oath. 

"\ 7\ THereas you [|S. 5.3 arc Chofen to 'the place of AfTiftant over 

V V this Jurisdiction of the <J^a(facbufets^ for this year and until I 
new be chofen and Sworn; Confidcring how you ftand Obliged to. the 
Kings Majcfty, his Heits and Succcflbrs, by our Charter and theGovcrn- 
iticnt eftablifhed thereby ; Do Swear accordingly by the Great anddrcad- ^ 

full Name of the Ever Living God, That you will bear Faith and true ^S^fl^*^^ 

Allegiance to our Soveraigne Lord the King, his Heirs and SuccefTours ; ^"^ 

That you will trudy endeavour according to your beft skill to carry and 

demean your felfe in your place for the faid time, according to the Laws 

of God and of this Land, for the Advancement of the Gofpel, and the 

good of the People of this Jurisdi<f^ion ; You (hail Difpenfe Juftice 

equally and impartially, sccording to yout beft skill in all Cafes wherein 

you fhall Aft, by Viruc of your place; You ft^all not wittingly and 

willingly exceed the LimiEations of your place, And all this to be under- 

flccd during ycur aboad in this Jurisdiaion. So help you God in our 

Lord lefus Chrift. 



VV 



Hereas you [_J. L.I have been Chofen to the Office of a Set- Major Ce 
/ ^eant M^jor Cetteralj of all the Military Fcfras of this Jurif- nerali Oath 
Jflicn rot this prefeat year j Cor.fiderlng how you ftand Obliged to the. 

Q^q Kings 



l6y 



FreJldeMs and Forms. 



Kings Majefty, his Heir s anu SuccdTors by our Charter and the Govenv 
menc eftabliflied thereby; Do Cv/car accordingly by the Great and d.-ead- 
fuli Kame of the Ever Livincj God, Thar you will bear Paith ar)Q tius 
Allegiance to our Sovcraigne Lord the King, his Heires snd Succeffours; 
And that by your bcft skill and ability you will Faithfully difcfiarge the 
Tru ft committed to, you, according to the Terour and Purport of ihs 
CcmmifQoii given you by this Court. So help you God &:c. 



WHercas you [ R. J?.] are Chofcn Tnafunr for the Jurisdifliori of 
the Me(fachuf<ts for this year and until a new be'Chclcn, Do 
Ttesfurers promife to give out Warrants with all convenient^diligirce for coilictir,' 
Oath all fuch fums of Money as by any Court, or otheiwift have beer, orfhail 

be appointed, and to piy out the fame by fuch fums, and in fuch manner 
as you fnall be lawfully appointed by this Court, if you fhall have it in your 
hands of the common Treafury. And to return the names of fuch Con» 
ftablcj; as fhall be failing in their cfRce in not collefling and bringing in 
ro you fuch fums as you fhall give Warrant for: And render a true 
Accorapt of all things concerning your faid OfEce, when by the General 
Couit you (hall be called thereto. So help you God in cur Lord Jefca 
Clitift. 



Oath 



x 7"f THereas you \_S.B.'] are chofen Secretary for the year enruin?.- 
V V You do here Swear by the Everiiving God, that you will ii; 
all things faithfully demean your felf in the faid Office; That you \vi,l 
tritely and uprightly, according to your brfl skill and Wifdome framed! 
Acls and Inftruments of publick concernment referring to your OfRcc, 
ducly obfcrving fuch Dirc^ions as fhali from time to time be given unta 
you by the General Court or Council of this Ccmmonweah, and fairly 
Record, and fafcly keep the fame: That you will not difclofe th^ ccn- 
fulrations of the General Court where at any time you fliall have exprcfs 
charge of fccrefie, nor of the Council where at any time you fhall hive 
like charge of fccrefie: That you will without delay impart to the Go- 
vernour or Deputy Governour, what ever Letter or Infonnarion fnall 
come to your hand, leferring to your Office, and of publick Ccnccrnnicnt 
to the Common v/eal. Genera! Court or Council; and that you will not 
Wittingly or willingly exceed the lunits of your place. 5ohe!p, &c. 



tenet Oath. 



YOU {^VV.A.'] here Swear by tlic Nam.e of the Evcrliving Gcd- 
That in the Office of a Publick iNotary to which you have been cho 
fen; You fnall Demean your felf diligently and faithfully according to 
the duty of your OfBce; and in all Writings, Infiruments and Artu.lcs 
that you are to give Tcftimony unto when you fhall be required, you 
fh.all perform the fame truely and fincerely according to the nature tliere- 
of, wuhout delay or Covin. And you ihall enter and keep a true Re- 
giftcr of all fuch things as belong to your Office. So help you, &c. 



Pvefulent! and Forms. i66 



YOU [^E.M.'\ Oiall diligently, faithfully, and with what fpeed you JHar(haU 
may, coiled and gather up all fuch lines and fums of money, in foch Oath 
Goods as you can finde of every perfon, for which you fhall have War- 
ranr fo to do by the Treafurer for the time being; And with like faith 
fuliiefs, fpeed and diligence, lea vie the Goods of every perfon, for which 
you fhall have Warrant fo to do, by virtue of any Execution granted by 
the Secretary or other Clerk Authonxed thereunto for the time being : 
And the fame Goods fo Coile<flcd or Leavicd, you fhall with all conve- 
rnent fpeed deliver in to the Treafurer, or the perTons to whom the fame 
fhall belong; And you fhall with like care and faithfulnefs fnve all At- 
tachments dire<fted to you which fliail come to your hands, and return 
the fame to the Court where they are returnable, at the times of the re- 
turn thereof. And you fhall perform, do, and execute all f\)ch lawful 
Commands, Directions and Warrants, as by lawful Authority here efla- 
bli/hcd, fhall be committed to your caie and charge according to ycuc 
Office. All thefe things in the prefence of the living God, you binde 
your felf unto by this your Oath, to perform during all the time you 
continue in your Ofhce, without favour, fear, or paitiahty of any perfon. 
And if you meet with any cafe of difficulty, which you cannot refolve 
by your felf. vou may fufpend till you mav have Advice from Authority; 
So help. Sec. 



FOrafmuch ai every Mdpjlrate., Jff'oclate, Commijfioners for fmall Cati 
fes, &c. are under an Oath of god, and that no provifon hath been 
made for fuch as are tnvejled nnh M agijlratical pover by this Couri ; 

It is Ordered ; That every man to whom fuch power is derived, fhall 
henceforth take the Oath here under written before fome County Court 
or Magiflrate, before he Exert his Authority therein: 

"Y^y Hereas you £^.'S.'] Appointed and CommifTionated to Aft and Commiijion] 

Do :n tundry refpefts as any one Magiftrate may do, as exprel- cri Oaiii 
ffd 111 your Commiffion^ You do here Swear by the Great and Drearffuf 
Name of the Everliving God, that you will faithfully Demean your felf 
therein, without favour or affccftion to any, to the befl of your knowledge, 
accoiding to the Laws here eltablifhcd : So help you God, &c. 



YOU [^A'f. N."] being chofen AfTociate for the Court for this year, AnoaoUs 
and till new be chofen, or other Order taken ; Do here Swear, that Oath 
you will do equal Right and Juftice.in all Cafes that fhall come before 
you, after your beft skill and knowledge according to the LawiherecAa- 
blifhed, So help you God, &c. 



\7 \/ -^^''frofff <s«J Three Aien are deputed to end Sntall Caufes, the 
^ ' Conftable of the place withtn one Moneth after [hall return their 
Names to the next Ma^jjlrate, who [hall give Summons for themforthwtth 
tu ai^ear before them ^ who jhall admtmfier to them this Oath ; 

Qj{ z Yoii 



l67 



Freftdertts and Forma. 



Three mem 
Oath 



YOU T-^^.-S. ] being choren and appointed to end fmall Caufes not 
e^aceeimg forty fi)illirt£s value, according to the laws of tMs Jurifdi- 
ftion for this year enfueing ; Do here Swear by the living God, that 
without favour or affeflion, according to your beft hghtj you will true 
Judgement give, and niakc, in all the Caufes that conie before you : So 
help you God, &c. 



Gr/pid-Ju- 
ries Oath 



YO U Swear by the Living God, that yea will dibgently inquire and 
faithfully Prefent to this Court whatfoever you know to be a breach 
of any Law cftablifhed in this Jurifditflion according to the mindeofGodj 
And whatfoever Criminal Offences you apprehend fittobc heteprefentcd, 
unlefs fome neceflary and Religious fye of Confcience truely grounded 
upon the Word of God binde you to fecrefie. And whatfoever fhall be 
legally committed by this Court to your Judgement, you will return a 
true and juft Verdidt therein according to the Evidence given you, and 
the Laws Eftablifhed amongft us; So help you God, &c. 



YOU Swear by the Living God, that in the Caufe or Caufes now le- 
_ , , gaily to be committed to you by this Court; You will true Tryal 



Oath 



make, and juft Verdift give therein, according to the Evidence given you, 
and the Laws of this Jurifdi(^ion : So help you God} &c. 



Oathof you Do Swear by the Great Name of Almighty God; thatyouwitt 
.Life and We/1 and truely try, and true deliverance make of fuch Prifoners at 

Death the Bar, as you fhall have in charge, according to your Evidence : So 

help you God, &c. 



Witneffei Y ^ U Swear by the Living God, that the Evidence you fhall give to 
Oath this Court concerning the Caufe now in qucftion, Jhall be the Truth, 

the whole Truth, and nothing but the Truth: So help you Godj&c. 



Vntimely VOU Swear by the Living God, that you will truely prefent the 
Death Caufe and manner of the Death of \_J.B.'} according to Evidence, 

or the light of your Knowledge and Confcience: So help you God, &c 



The Form of the Oath to he Adminiflyed to the Sergeant- Majors of the 
fever al Regiment s^ arid fo Mutatis Mutandis to the other AInttary, 
Ofjicers. 



T7T7Hereas you [ J?. 5.Jhave been chofcn to the Office of Sergeant 



Sergeant _ 

Major iy o- Y V Major of the Regiment, in the County oi \^M.'] for this prefent 
iker chief Of year, and until another be chofcn in your place; You do hrrc Swear by 
ftcen Oath, the Living God, that by your bcft skil and ability, you will faithfully 

difcharpe 



Frefidents and Tonne!. 168 



difchargc the truft committed to you, according to fuch l^ommands and 
Directions as you (hall from time to time, upon all occafions receive from 
the Sergeant Major Ceneral, by virtue of his CommifTion from the Court, 
and according to the Laws and Orders by this Court Made and Eftabli- 
fhcd in this behalf: So help you (7od, &c. 



Y^^ CK/^- J Swear truely to perform the Office of a Clerk of a clerk, of tht 
Trained Band, to the utmoft of your Ability or Endeavours, accor- Bandi Oatb 
ding to the particulars fpccified,. ( and peculiar to you» Office) in the Mi- 
litary Laws: So help you C;od. &c. 



Y O U fhall faithfully Endeavour with all good Conrcience, to Difchargc 

this trufl committed to you, as you (hall apprehend to Conduce nroft Conimijfim 
to the fafcty of this Common Wealth'; You (haU not by any finiflte de- ersoftbe 
vices, or for any partial refperts, or private ends, do any thing to the MartMl 
hindrance of the effects of asiy good and fcafonablc Councils; Youfliall Di/cifllHe 
appoint or remove no Officer by any partiality, or for pcrfonal refpcdj Oatb 
or other prejudice, but according to the merit of the perfon in your ap- 
•pichenfions ; You (hall faithfully endeavour to fee that Martial Difci- 
plinemay be ftriftly upholden, not eating or butthening any, othetwife 
then you (hall judge to be juft and equal : You fhall ufe your power 
over mens lives, as the laft and only means, which in your beft appre- 
hentions (hall be moft for the publick fafeiy in fuch cafe; So help yow 
^od, 6ic 



"^^Hereas you [ £. (J. j are chofenConftable within the Town offC] 
for one year now following, and until other be fworn in the place : 
You do here Swear by the Name of Almighty God, that you will care- ConftaUg^ 
fully intend the prefervation of the Peace, the difcovery and preventing Oath 
all attempts agamft the fame: You (liali duely execute all Warrants 
■which (hall be fent unto you from lawful Authority here Eftabl)fhed,and 
fhall faithfully execute all fuch Orders of Court as are committed to your 
care : And in all thefe things you (hall deal fenoufly and faithfully while 
you (hall be in Office, without any finifire refpcits of favour or difpleafuje- 
So help 30U God, &c= 



VT 7 Hereas you [/. G-3 are chofcn an Officer lot the Searching and 
V Sealing of Leetlier; within the Town where you now dwell, for Leather [ea^ 
the foace of a year, and tili another be chofen and fworn in your room; 'trsOatb 
Yob do here Swear by the Ever living God, that you will carefully and 
duely attend the Execution of your faid Office with all faithfulncfsforthe 
good of the Commonwealth, according tp the true intent of the Laws 
in fuch ciie provided: So help you God,&f-- 



You 



I<$p 



Prefdtntt and Form:. 



Clerk of 
Afarktts 
Oath 



~\^ Oil ['CJD.3 here Swear by the Ever living God, that youwillfrom 
time to time, faithfully execute your Office of Clerk of t}ic Maiket 
in the Limits whereto you arc appointed for the cnf\jcirig Yfar, and till 
another be chofen and fworn in your place: And that j^ou will do there- 
in impartially, according to the Laws htte eflablifhtd in all things to 
which yoor Office hath relation: So help ycu God,&c. 



S*jrchtrs 
Oath 



Y Oil [ ^. 5. 3 c!o here Sy,ear By the Ever living God, that you will 
to your power faithfull^' ex?cut5 the Office of a Scarclier 'for this 
year enfucing, and tiJ! another be chofen and fwcrn in ^our place con- 
cerning all Goods prohibited, and in fpectal for Gun powder, Shor, Lead, 
and Amunition: and fhat you will dijsgently fcarch all Vdfcls, Cariias-es, 
and Perfons that yci; fhall know, fufped or be infojTned, are abour to 
tranfport or carry any thing out of this JurifdiOion contrary to Law. 
And that you will impartially feixc, take, and keep the fame in your own 
Cu/lody : one haff part whereof fiiall be for ycur fcr\ice in (he faid place, 
the other you fhall forthwith deliver to the TreaTurcr : All which Goods 
fo feized and difpofed you fhall certific under jcur hand to the Auditor 
General withio one moneth from time to time: So help you God, S:c, 



.'ipprixP's 
Oath 



Y\/^Hereas you [T. D. 3 arc chofen Apprizer of fuch Lnrd or Goods 
as are now to be prefented to you •■, You do here Swear by the 
living God, that all partiality, prejudice and other liniftre refpefls laid 
afide, you fliall Apprize the fame, and every part thereof, according to 
the true and jofl: value thereof at this prefent by common account by 
your beft judgement and confcience: So help you Cod, &c. 



Viewers of 
Ttpe-fiaves 
Osth 



"Ui/Hereas you [^J. B."^ zre chofen Viewer of Pipeftavcs within the 
Town of [7^.3 You do here Swear by the Ever living God, that at 
all convenient times while you fhall be in place, when you Oiali be re- 
quired to execute your Office, you fhall diligently attend the fame, and 
fhall faithfully without «ny finiftre refpeOs, Try and Sort all Pipe-ftaves 
prefenled to you, and to make a true Entry thereof according to Lawi 
So help you God, &c. 



"V/Y/Hereas you {_^.jB.^ are chofen Cuftomer for the year enfueing, 
Ciiflomers You do here Swear by the Ever living God, that you will horn 

Oath. t"Tif> to time faithfully execute your Office to your beft skill, aeccrdirtg 

fo the Orders of this Court, for the Cuftome of all fuch Goods as are 
imported or Exported, due by L£.w unto the Country, and all other 
things belonging to your Office, and to give a true Accompt to the Trca- 
furer at the end of every three Moneths from time to time, or when you 
fhall by Law be thereunto required: So help you God,6fc. 

You 



prcfdcnts at^d Fortnci. lyc 



You Swear, tic. That you fhall Impartially view fuch Fifh as aref>te- y . ^ ^ 

fcntcd before ycj, and deccimine what part thereof is Me;d;jiitablc, p'^/Ln^tl 
and which is "RcluCc Fifh and iin-Meichantabic, sccording to your bcit rfjhuatb, 
ski!), knowledge and judgement: Sc help you Goo, &c 



T/'^yi-Iercas you \_^.E.^ arc chorcn a Packer of Beef^ Perk, and o- 
thcr things for the Town of [^B.^ You do here Sv/ear by the Li- 
ving God, that you v/i!l well and truely Pad: ail Beef, Porit, and other Packjrs 
things v/hen you fhal! be thereunto req-jircd; You (hall Pack no kinde of Oath. 
Goods but fuch as are good and found, tior any Goods in any Ccsk that 
js no: of a juft and fu!l Gage , you (Iiail alfo fet your particular Mark 
upon all Cask Packed by you^ and in all things proper to t;:6> place of 3 
Packer, you (hail faithfully diichargc the fame from time to time accor- 
ding to your beft judgement and ConfcJcnce ; So help you God in our 
Lord Jcfus Chrift. [/^/^.J 



f 1 ^ 7 i'. 



P 



F Tl R A T ^, 

Age I. line. 8 read & May 1671. in 'Bord(lcvery 1, g. r. offliall/oras. 
_. Coopcrsp.i7'i-i2. r. pag. 64. 1 24.r.pag.82.p.4.o.l.4.r. thcSubfcription 
l.p.r. Adminiftrators p.+<Si-y r-Miniftry. I. ic.r.Hcterodox.l.«/f.r. /(^(^^.p.y4, 
feft.s. of Fornication. I. z. r.pag. 5j.& after Puni{hmentr.pag.67. p 56. 1.28. 
r. privilcdgc.l. 30 r.fuffrage. p. 5 7.1.2. cfe/f.made.p.77.1.it.r. appoint thereunto 
p.84.1. ^t.r.bcing thereof. p.7o.l.a.r.pag.3p. p. ii6.l.i.r. relating p.8o.l.27.r. 
exprcfTed.p. i j.fcr Se<ft.i 8.r.i4. for. i y.r.s 6. next page r. folio 16. 1.0. r. that, 
p.io;. I. £1. r. i 07O.p.9.l.la(l but one r.Fcoffecs in 1. ult. r, 167 1 . p,/ j.I.8.r.are 
p.i 34..I.S7. r. proceed. p.155. Ill- r. Explication. 



R r 



xirx 



fj Smimdry of the LAlVS foregoing (t/fl^habetically 

Vigefted, 

Wherein P. ftandcth for Page, and S. for Scd\ion ; 
For the right Improvement whereof, the Rcadtrmuft fupply ihe figures of feme 
Sc(i^ion3 in the Laws, where they are omitted : 



Folio. 



Ability. Age, 



F Or persons tofafs (ivfUy Lands &c.p. i.s. . . 
Forc\nifing<juardians. ibid 

For Plantiffi or Defendants. p. 2. s. 2. 
who may defend the right of them that are 
under age. ibid. 

Tcrfons of any age to anfvper for Crimes, &c. 

ibid. 
May inform or^rcfent any mlfdcmeanour. ib. 

jiOions. 

when Try able. p.i. s. i . 

Rules for Entry. f.^.s.^. 

Nt> PldB.or Evidence allowed after a cafe is 
committed to a Jury. p2S2 

Of Trcfpafs under ^(?.;. P'^-^-i 

Brought to the General Court Pi-f-^ . 

Plaintiffs liberty to withdraw, p. ^.r.y, 

111 civil Adions every one fccured from 
damage by non appearance of any, Sie ap- 
pear anceywn-appearcnce. p 4, 
in mvolttntary Trefpafs, not to proceed in 
cafe, SiC Cattle. p.i8. s.3 

Jppeal. 

Ttoinlnferiour Courts to Courts of Jjfipants 

P.3.S.T. 
How and when to he Entred. ibid. 

From one /ifagijlrate to County Courts ibid 
In criminal cafts how to be proceeded in ibid 
From Court of Jfiftants to General Court in 

cafe. ibid. 

E^ilecut^0D not 10 be granted in cafe. s i. 
In matter of Law to be determined bj the 

Bench. ibid. 

In matter of ]ci(\.by "Bench andluty. ibid. 
Recording rj be^aicLby thej^pgalants p.^.s^ 



Reafons therefore tobe entnd fix doyes be- 
fore the Couz:. ibid. 

Not Profecutid to efe{i the penalty. ibid. 

Who may fit as fudges infuch Adions.f^.s^ 

How to he proceeded in. ibid. 

From yiffociates Court in Dover & Portfm. 

P4.S.4 

rrom one Magijlrate to County Court, fee 
Burglary. p.ij.s.r. 

F rom one tjifagiflrate and Commiffoners of 



Tovens, fccCaufes- 



p.2t.S.2. 



From all or any the Ccmmiffwners of Bojion 
fo Court of AfTiftants. f.s^.s j. 

By Difobedient children fentenced by a Ma-. 

gifirate ot- Comrriffioner^fee childten.p.^z^.s.s 

To County Coart from Selecfl; men doing 
damage by laying out High wayes, fee- 
High wayes. p.<^5.s.2. 

From one Magiftrate to County Courr, fee 

Lyi^Sj P-92- 

By Torens and Peculiars in cafe : fee Poor 

p.iJj.si. 

By fingle pcrfons to County Ccurt in cafe ; 

See Tovinflnp. p. 1.J8.S.3. 

yippearance. Non-appearance. 

Not punifhable in cafe, p^. 

Not to prejudice any in civil Atflions. ibid. 

Perfons liberty not to appear on Summons in 
f^/e, See Attachments. P7s.z 

Of a perfon Indided of a Capital crime, his 
Goods and E/iate to be ftizfd m cafe. See 
Capital Laws, p. 1 6.j. 17, 

Afparel. 

Who may wear GoU,(yc. p 5 s.r. 

Penalty of rf«/J»»7/j>«^fo« al! not allowed ,\b\d 
further penalty. p.6.s,2. 

.Arrefis. 
Not allowed in cafe, p.^.s.i. 

Hoi agamfl Sailors w cafe, kt Siiloti.} ■ 1 ,•</ 

A Affo. 



XV: 



The Table. 



ASbciates, 

(?,=?,' fnay pu.wjh Breach of the Peace, See 
Breach of peace. p.u.s.l. 

Tberuks o/.punilhinent. ibid. 

To hi allovrcdJiy tbc General Court, See 
Courts. P- 37-5^7? 

With one jUanJirate may k^ep a County. 
Court. ibid. 

Their pmr. ibid. 

HtiPe Magljiriitkat'pmfi Sec Prefidents. 

p.l66. 

'Their Oath. ibid ^ 

Att itthments or Summon^. 

May be taken out agairlt anypafon.p.7.::. 

Not to be granted to a Forreignerivi cal'e.ib. 

Of goodj&C-perlons to have legal notice, 

ibid. 
^0 b^ ferved Tix dayes before the Court, s.2. 
PJeading, &c. not abated how, ibid. 

To le^^prcfG the cafe, ibid. 

To exprefs in what name, the Tlaintlffeia- 
eth P.8.S.3. 

Mdybeferved by Marfbals, £.4. 

Or their Deputies, Seejwwj of yittachtnirds 
m Prefidemsj ^.xSz. 

May be direfled to Conftables, /ee Clerks 

of Writes, p.2p.s.i. 

Of thek Deputies fee Ffefidents, -p. 162. 
Mot granted againft Saylois, in c&k^fes Say- 

hrs, p. 134. 

On Goods ?5ot freed nil Execution be fer- 

ved, lee Sureiics, P-i44' 

Form of Actachrr.efit, and Samnions, and 

Bcndj See PrefdenU. ^.l62. 

B 

Bakers 

TO baxie J diRwd inatk fottread.p'^.s.l 
To injkeBread of due alTze on penaUy , 
■ib To Aftixe ali Bread ufed in their Houfes 
on penalty. [.p,$.j. 

Ba Ifap. 
Not to be taken from any fhore without 
l-'dve, on penalty, p.p. 

Not to be ciS into 3 channcI,&c.oii penalty 

ibid. 
Banatrj, 

\Vhai: and how panifhed. />, p- 

Bey/e-jokHct 
When to bt granted. f . j).s. / . 



To ydb'^ck.. ^tfcs to be righJy improved, ibid 

'Sills. 
AOigncd good to ths /UTignee in cafe, p. / -•. 

Bmdr-Jlavsry . 
J>[ot allowed, iairfvitude declared, t.^v 

Bounds of Towns and Tufons. 
To be laid out in tmh: montths after the 
Graurt, p.io.s.,. 

Marks ot.cc in three yean fo 'jz ren!ewei.& 
v/hen, on peB3}t7 of negle^. .'s jj 

I Charges of p£~amby!ation,howtobe paid 

Particular Bounds Jo be vic'Wed once a year 

on penalty. p.to.s-i 

Bycwer}. 

What perfons to Le rJiOv/ed p, 1 1 

Penalty on falc of bad Bear, "";/,j^ 

B'r.ach of th? Pedes. 

V7hat the penniry, who nrny puniH^, ihe 

rules of piiniOimcnt p-n.s.r 

Detainers of pofllflTion aftaExecutior'ar? 

breakers of ;.n2 peace andCrimir.:! c.Tcndeif 






To be piisiiHied bv. &2 Co'i^t -he- 
Judgement '^:^j^ 

Bridges. 
Defe€iive. by *hom to be rcgvhteS f>. t s,s: i 
By whom the charae to be rJcf^^.y'rjOi -c/.Tjc 

mors ' ' - -^ 

Bu'n!^-y andThsft. 
What, hew puniibcd }> r^ ' ' 

On the Lords day how punifhtt5 ih',^ 

In Orchards &c. how pu'*j''^e<f p 1 3% 2 
Stealing 10 s. and upward how piirjiOied,?^ 
Concealers of Theft, and taking private fa- 

tislat^liof), the penally jtKf. 



C 

Capita! Lam. 



P'4,ss 



SEE 
f ning a Dwelling Houfe &c. fee firing 

Htjrefie p £c^ z 

Quakers $1^1% 9 

Jefuites ^ ^6? 

Cask, arJ Cooper y G ,X£eY,P dcken. 

r That are tight to be of LonJon affiz.c 

J p /(SS / 

Cask «vTo be. marked with theGa^crr mark^ 

( ib'-d 

^ Thst 



The Tahle. 



^ That are defediive, forfeited to the 

C*sk ) informer 'i'"^ 

^ Pcnafty to the Country befidcs ibid 

r To have a diftindl Brand inarkoo 

Coopers^ penalty J^^i 

^To make all cask of good Timber 

&c. and no other on penalty ih 

CTo Gage a!) cask for Liquor, Beef, 

Cager^ &fc. and no other on penalty ibid 

^HisFeesifor Gaging ihid 

To pack no Beef,&C. but in cask of 
^ full aflizc on petsalty ibid 

\To fee Meat&Fifh truly packed,-; ^ 
PacKers< His Fees for Packing tUd-\) 17 
/For viewing iVtd 

(. Fifhor Flefh fold not mar ked for- 
feited tbid 
Coc^enjlaves, See Pi^ejiaus 

Cattle^ Ccrn fields-^ Fencei. 
Cattle that feed without a Keeper, to be 
Branded p tg s j 

Not marked trejpajfing to pay double da- 
mage find 
Unruly, not to go without Fetters ibid 
Trtffajfifij, damage to be viewed b^ two of the 
Town atidjudged ibid 
Cwwrs when known topa^ the damage, Rules 
ta iffuefuch damage,the damage fecuredy ibid 

Goats 
Found damage ftizfnt to be fecured ibid 
Doing trefpafs to any through their cvm de- 
fault, po damage to be paid ibid 
All harms by tkevy,^ the Ovmers ioy>tj double 
<^aniagc P18S4. 
Corn-fields. 
Lying incommon,to be fenced by the owners 

pl7si 
No Rattle to be put in while Com there tbid 
who may determine differences about them ib 
^ny Occupier may Fence in fever al s 2 

Fartitien Fences how to be made and ordered 



P ^9^7 
T ro^ifofor Hottfe-Los under ten Acres ibid 

Where ivfufficient,no damage except &c. ibid 

&P20. S8 

Cattle. 
Tamaging Indians Corn.to he made good in 
'■''/'' Sec Indians p7(J 5 7 

Damage by Indians to he madtgoodby them 

T J r ^ '^^'^ P 77 

Indians refufmg to J,nce,help being tendred 

them, fhaU have no damage ,5,jj 



Indians who have Land given them or PuV' 
chafed by them (or Plant a ttonyto be fenced 
at their owncbarge ibid 

charges Ptihlick. 
No perfon to be employed in publick fervicc 
at ttieir own charge pzzSi 

Every Inhabitant to bear publick charge in 
Church and Common-weal m. 

\tiy not paying their full proportion, coiu- 
pdlable thereunto thii 

Country Rates 
Lands and Eftites Ratable where they (ye, 
perfons where they dwell tbid 

To be lea vied by Wan ant from the Treafu- 
rer P23S3 

Tobemadeinihefixthmoneth ibid 

Who and what is ratable ibid 

Rules for Affcfsments ibid 

To be paid where perfons are AffelTed ibid 
To be paid in Corn at price l"et by the Gene- 
ral Court, or Commi/Tioners mentioned, 

P4sd 
What is meant by pub! affefjircntj/bit^. p2 j 
Goods tendred for pajr, to be prized on the 
place, if not dettmiined by Law p 2($ s 5 
Minifters Ordained, free from all Taxes ex- 
cept, &c. p26s7 

Childre*! & Touth. 
Touth, under 2 1 years of age, being ttufted 
by any, without order in writing, fuch per- 
fons fball iofe rheir Debt . p 17 S 4. 
fncurring any penalties, fuch as are occaii- 
ons thereof fhail pay It tbid 
Children . Orp'ians in ininorify, not fo be 
difpofed ofF but by Authority, except in 
Mamnge ^ 2S s 6 
The minority of women in cafe of Marriage 

ibtd 
Under 14 years of age prophaning the Sab- 
bath, how puiiifhed, See Sabbalh p ij2S t 

Chyrurgeonsy tJ^tdwiveiy Thifitiani. 

Not to ufc any violence or force in theic pra- 

(Ttife in any cafe, without confent * ? ^s 

Clerk^ofthe WrittSy Clerks 

To keep Records of the Towns Brand mark 
5fe Corn-fields p//s-? 

To grant Summons & Attachments, &c. fee 
Clerk of Wntts P.?^s; Uhhts ibid 
To Record Horfes fbipt off, 5<.v Horfes s / 
His fees j^j^ 

To Record Births, Deaths and Marriages 
S<e Records F.^^sz 

hi To 



The Table. 



To make a return of the fame yearly to 

Clerks of County Courts, on penalty, ihid 

To keep a Toll-book to enter all Cattle fold 

into, See Tollmg P i47 

Of Deputies 

To keep on file the Conftables returns of 

Deputies, See Difutiet 'T 41 ^ s 

To receive fees for entry of Petitions : See 

Pettiions P '2' 

Togiveaccomptof Petitions entred to the 

Deputies, wh ich (hall be allowed as parr of 

his Sallary tbid 

Of Courts. 
To return Rea Tons of Appeal to the Court 
ofAlhftants, See appeal P4S^ 

To fign Warrant for Executions in cafes ci- 
vil or ctiminal,/ce condtmned p 3 o s 2 
To enter all Graunts, Sales, &c. fee Convey- 
ances P 3 3 5 5 
To fij^nifie to Country or County Trcafurer 
Nviihm 14. day cs what fines are impofcd 00 
any. See Courti' P5i 
To fend Warrants to Towns to chufc Ju- 
rors: fie lurors p8os 1 
To grant Execution for what is unpaid on a 
former Execution, /ff Marflmil Si 
To certihe County Court the neglc(ft of 
Clerk of Writts,/fe Records p 1 30 S2 
To Record Straies& loft goods and return 
to the Country Treafurer, jbyir^/Vj p 14.2 s 2 
To fend the Order about Children to Con- 
1\Mci,feeToi>infh:ps p 149 57 
To keep a Book uf Accompt of Entry of A- 
clions on penalty : fc Treafurgrs, p lyi S4 
To enform Coun.Co.of any renouncing Ex- 
cecutorfhip,&c on pcnalty,/fiif IVills P158 si 
To cnforro County Courts of any Will pro- 
ved, or AdminilUation granted S 2 

Of Trained Bands. 
May take Fines by Diftrefs, by order of the 
Major & chicfOfhccrs,/fif yV/z/zf^vy p 107 sx 
To provide Arms F lo^ss 

To take the Oath belonging to his Office, & 
to pay a penalty onrefufal sio 

V\\i dm^ , fa Military P lop, 1 10 s 10 

0/ Troops. 
To take the Oath belonging to his Office 

P iX3i\6 
To Leavy fines, & his fees thui 

When to make Dirtrcfs th\d 

To Leavy fines for nor Watching p / M s li 

0} Marheis. 
To take the Oatb of his Office p^w 

His Duty '.b-.i 



ColteSge. 
To be managed by Fpoffecs F^gsj 

The major part of Feoffes may make Orders 

ihid 
Difpofe of Gifts and Revenues ibid 

The whole number may Repeal aiid Alter 
Orders ihid 

May diftributethe Countries allowance to 
Prefident and Fellows ibid 

CommiffwKcrs. 

Of Vnitcd Colonies. 
Their Pow cr : fee Prejidents P / <r | 

0/ Shires their duty. 
By whom appointed, /^e £AV7;c';j, V 47 s j 
To carry ihe Votes for Nomination of Ma- 
giftratcsto be opened at Bofton ibid 

The time when, and before whom to be o- 
pened li'id 

To make return to the feveral Conftablcs 
under their hands of the perlcns to be Domi- 
nated for Magiftratcs did 
Commiffioncr for SufFo'k to appoint the 
place for opening the votes ibid 

Conjtnijfioneri ofTovrrts. 
In every Town to icccive &caiiy the votes 
for Nomination of A/'fl/)/])7JtM and dunty 
Treaj urcrs to the Shire meetirg, when, and 
how to proceed : fee i legions ? ^y s ^ 

To chufeoneout of ihcmfelves tocariy the 
Votes of the Shire to Bcfton tbsd 

For making Fates. 
7 ojofn wJth the Si)c€\. men ;n rjukin^ F.'tet 
and h) vfhtmto heilxfen p 23 s 5 

To meet at thifljire Town the frfl fvtirth day 
in September, nvt/; their Afftfimcnts iohe 
e.\d>7uned and correded P 24 ibid 

To rctuV) to the Treafwer under tl'Cir kandt 
what ii to he Uavied on every Town, en pe- 
nalty ibid p 24 

To prize Corn for Rates. 
The Comnnljhners of Ffix, Suffo'ik, (H'd 
Middlefex veb^re the General Court doth nct^ 
toPiizeCorn ibid 

(ommiffi oners tf Bofion. 
To be annually chofen,/fc caufes 1^ 21 s j 
The number to be chofen ihid 

To be approved by the Court of AfliftantSj 
and fworn by them, or Covcrneur^ or Deputy 
Govemour ibid 

To try Caufes to ten pouniis, the extent of 
their power, their Couit Ilatcd, to pubhfh 
their Court dayes ibid 

To 



The . Table. 



Toimpofefinesto40.s. P^is} 

May by Warrant furtimon any offenders to 
appear, and n:ay punilTi as one Magift. ibid 
To have a Commifiion under the Secretaries 

hand , ^^'^<^ 

Tofincpcrfons for gallopingin the Town, 

See Callopng VS7 

May fine any not brewing Beer according to 

Uvj.Seelnkec^ers r^^V^l 

to havcMagiftratical powcr,/c Tnfd.^ 166 

Comm,f to try fmalt Caufes in Towns. 
-^0 be chofenby Court of AfTiftants or Coun- 
ty Court, /ec C^t/fex, P20J.. 



their power 



cers to execute Commands and Warrants 

See Indians P 77 s 9 

With one Magiflrstc, have the power of a 

County Court ibid 

Condemncii. 
No pcrfon to fufFer -within 6 daycs after 
I judgement bat in fpccial cafes P if s i 

Not to be unburied 12 hoars except for A- 
natomy Hid 

CcnJiaUe hit Office & Duty. 
By Warrant to imprefs Workmen, See 
■Bridges, p/iSc 

To Icavy fines granted by a Magiftrate to 
40 s See Burglary y p / j s z 



to take an Oath fecTreftdcnts, P' To return to County Courts what fines re- 

May punifh breach of the Peace, fee hnach^ , ^^.^^^ .^.^^ 



ofthefeacc r rWU ■> , I ^7 warrant to fearch for ftollcn goods and 

May punifh unruly CbiMren,J«CB»aK 27.Z apprehend any fufpitious perfon s j 
Mavpunifh any entertaining lucnL.Diidr.s 3 ^^ nrpfpnr thpa^crpr tc^ tnlr? O^th within a 

EvtryCommtfioneronOath. _ 

Mavdlfpofeof Cards and D.ce oroughtin 
involuntarily, /<^e g^m.,| P58s4 



M^^^nShci^-^yfi-orcorpcj^ 
S3;puri;orfineadrunkeaIndian,;.eI«- 

Matpunifi.anvtb,t.rcdrunk,.r^*I«^^«P- 
r. J;'puniih wanton & rude fmging m pub^- 

T Alu^l% found in publickhoufes af- 

ShibitioncfSeleamen , s>p 

-kc^n Records of Judgements given a- 

^ ^ ft on V Dcrfon, r« -Recor^i p / r 9 s ' 

^,^^!;hanydrrnking.n0.dmaricsa^ 
Mr;r-^^nynegleaingto.atcl.^/^J 

MaTSe"heteftimonyofanyof:Y;f; 

^ Commijfmers Court. 
MaV punifh any Retailer of ftrong Waters, 
cr privntc houre-keeper,for permitting any 
toupp'.e, Scchkec^^rs p«i.G7.?*^s3 
lao Commifficnct may give counfcl m cafe 
GeeCoiw/W _^ . P34 

tTrne to be allowed Coxmifiior.ec :a ny 
Tovvabutfuchasare approve<?, frrCouiti 

CommijTiCKerscflKdians. 
A^jlhcnzedmayiffue Cafes among tbem- 
fclves as one Magifttatp^ and to have Oft- 



To prefent the Gager to take Oath within a 

moncth on penal ty, Sf.eCa k^ -pxds l 
To leavy fines by warrant frotn Seled men, 

SceCiJtf'e pi pi 6 

To ferve Warrants or Attachments tryablc 

before a Magiftratc, Sue Caufes^ p ^ s 2 
To obey the Warrants of three Coinmini- 

onersin Towns Hid 

To obey and affift the Commiui^ners of 

Bojlon s 5 

To warn Freemen to chufe a Comminioner 

in making Rates, fee Chayges Fuhlick^ 

P ^a s ^ 
To colledl Counuy Rates, and pay to the 

Trealurers Order ibid 

To clear their accompts with the Tieafurer 

on penalty p aj-s^ 

To PrefTe Boats or Carts to carry in Rate^, 
and to collet after expiration of his Office , 

ibid 
His dan|;cr in not obeying the Treafurers 

Warrant ^bid. 

To leavy Rates on ftrangers s / 

To inform of perfons entertaining Toutb, 

&c. Sk Children pZ7^ 3 

To f?rve Attachments, fetCky\>^ofWrrtts 

psp 6 a 
H'S UcpTity may fcrve Attachments, See 

PrefiSents P'^^ 

To whip any that are fentenccd thereto See 

ConfiabkS' Piici 

To colled Rates by Order of Seleft mer., ib. 
To con vey ofFcndci J accord, to Warrant it , 
Td make Hue and Cry where ;iO Mag-.atatt; 

B. I? 



The Table. 



TopurfueHueandCry jtjci 

To apprehend OfFenders iM 

To fcarch for fuch per5oDs on the Sabbath 
day^orelfe PS'H 

To apprehend no perfon without Warrant 



in writing 



^id 



May require aid in the esecuucnot his ut- 
fice P3IS5 

To have a Black ftafFtipt with Brafs when 
he executes his Office p 31 s 6 

Not purfuing Hue and Gry the penalty, ihd 
To Summon a Jury on untimely death, See 
Vntimely death P 39 

To return the names of Deputies chofen & 
for what time on penalty,/ee Dcput.pi^i s 5 
To leavy Rates for Minifters maintenance. 
See Ecclefiajlical p 4.5 S 1 8 

To receive votes for Elcftion in cafe, See 
EUSiom ^ P'J7S2 

To Summon Freemen for Nomination of 
Magiftrates, and when P 47 S 3 

To fignifie to the Freemen who are to be put 
to Vote for Magiftrates on the day of Ele- 
dion iUd?^^ 

To apprehend by Waticiirt deniers of Scri- 
pture, See //./(:/»? P59Sa 
To prcfent idle Perfons before a Magiftrate, 
See idle Perfms ' P 66 
To affift the Cuftome Mailer in cafe. See 
Impojis P 68 S 2 
To leavy by Warrant fines on any that re- 
fufc to afP.ft the Cuftome Mafter ibid 
To ferve Warrants to prc0e WorJcmen, Sec 
Imprefes P7SS1 
To convey Indians that are found with Li- 
quors, &c. before a Magiftrate or Com- 
mifTioner, Sie Indians P77S il 
To commit a drunken perfon to PDfon, or 
fecure him in cafe, See Inketpers, p 8 1 s 5 
To inform a Magiftrate or Gommiiiioner,or 
Seled^ men where no Magiftrate or Com- 
mirfioners are of fuch cafes ibid 
To return all fines received of drunken per- 
fons to the T^eafurer ihtd 
To make fearch for all offenders againft this 
Law on penalty pSjst^. 
To caJl the Freemen to chufe Jurors and re- 
turn the Warrant, See 'jurors p 86 s i 
To Summon any perfon rending here fiom 
their Relation, See Marrtage p lOl s 4 
^ ConftabJe with 2 Inhabitants where no 
Magiftrate is,may Preffe Men & Boats to 
putfue Persons, iee Mapers p 1 04 s 3 | 



To enquire afret Wheat.&c.landec! and put 
to fale fromfoiicign parts, ScetyVialt 

p ic6ss 
Tocarry aSouldier bcfcrea M^gifiraie See- 
ing required thereto by the chief Offi- 
cers, See Military p ; 08 s <J 
To provide Arms for Souldies picpsg 
To ImprefTe Souldiets by Ordei v 1 1 s 1 1 
To leavy Rates for Fortification ibid 
To affjfl Searchers for mony cr penalty, See 
Money f ' '9^ 3 
To prelent Cullers of Pipeltavcs before a 
IMagiftratc to be fworn, S(e Pipfjla'vts 

p 122 

To provide for poor perfons by Order^ Sec 

Pf-Cr pl2jS2 

Id Port Towns to fignifie to Merchants and 
Maf^ets the Law about Powder, See Powder 

p iz6s J 
To whip any therunto fentencedjSef Saihaxh 

? I iZ S I 

To caule dogs ufing to courfe and bite fhecp 
to be hang'd in cafe, See fl.eep p 1 ^% s z 
To keep accompt of ftraies and lofl goods. 

See Straiss p i^^s i 

Id Port Towns to inform Maflers of Ships 

with the Law tit. Strangers p i^^, j ^ 
To inform of fVrar^ers received contrary to 

that Law ibid 

To leavy fines about Swine, where no Sclcft 

men are fee fwine P j^j ^ , 

To apprehend S\v earers, fee fvcearing 

P '44 s I 
To apprize Swine impounded and not ow- 
ned P 146s ^ 
To leavy fines by Order of Sele^ men,/fe 

Townjhips p ijj-s s s 

To acquaint Sclecfl men with the Order a- 
bourCbildren P 14$ sg 

To ferve all Warrants from Seled men, 

pijosp 
To leavy fines by Warrant from the Trea- 
furer, fee Treajurer P x // s 4- 

To leavy County Rates ibid 

To apprehend Vagabonds, with or without 

v/dLirznt, See Fa^abonds P' ijj.. 

To warne and kt the watch,and give charge 

See }x>atcher, _ p.iJ4'Sa. 

To prefent any d^fsdivc in watches fo a 

Mt^iftrate, itieff 

To provide weights and meafuresj^e wights 



The Table, 



Xo pay the Treafurer for Pealing them, «n<i 
to del'.ver thcTi to the Scleft men i^^ 

To obey Scalers Warranto ibi^ 

To pay Indians' fot killing Wolves, fee 
Wolva pijf^'' 

To require Artificers to help in EJarveft, fee 
Workrnen P '^} 

Conveyances^ Deeds. 
For fale of Land or Houfe not valid, Sec 
witboutDeed, &c. or acknowledgement 
before a Magiftrate ^ i-^// 

How to be made i^^^ 

What exempted from this Law ihid 

Obtained by Dures invalid s i 

Fiaudulent invalid i^id 

For falc of Houfe, &c. or Mortgage of no 
force againft any other not being acknow- 
ledged and Recorded, the Graunter being 
in poffefTion s 4 

Grauntee to enter his Caution with Recor- 
der of County Court ihid 
Grauntee to be bound to Court of AiTift in 
cafe ihid 
Council. 
\n the vacanfie of the General Court, are 
the Governourand Affiftants p 3 3 
To be called by Letters from the Governjb. 
TKeGovernour, Deputy Govern, with fix 
AlTiftants may impreffe Souldiers ihtd 
In extraordinary cafes as many as appear, 
make a valid h.(X ibid 
Their power ihid p 3 4 
Courts. 

General Courts 

To appoint Brand-marks to Towns, fee 

Cattle Pi8s3 

To be called by the Govern, in cafe, fee 

Council P33 

The chief power Supe^'-our Courts, p 3 4 s i 

To raife Money, Taxes, and difpoic of 

Lands ibid 

To make Laws, &c. ibid 

No a€t to pafs without confcnt of both 

noufcs p 3y s 2 

TheA(ihofthisCourttobe engroffed, and 

•■ead the! aft day of every Se/Tion tbid 

Difference in cafes of Judicature, Civil or 

Criminal how ilTued ibul 

Only can pardon a Malefaftor P35'S4 

May fend forth any perfon into rorreign 

parts ibid 



Kottobcdiflbh'sd without confent of the 

maj or paft thereof S5 

To Judge of the mifcarriagt of any Jjcforc 

ihem P96S6 

to appoint pcrionsto keep Coumy Court in 

cafe V 36.S7 

To allow of Freemen to be ntvade,/ef Frtt- 

mtn Pf6S4, 

To conclude a vindidiive War, fee Impref$t 

?7lSz 
To appoint pcrfons to pubU/h'thc Laws to 
Indians, fee Indian.' P 77* 8 

To appoint perfons to infpeft the Indians at 
Natick, &c. as to their manners Sj 
To give Commiffions to chief Military Of 
fleets, fee MiUtary ? log's 4- 

To appomt Searchers for Powder,^ /ff Poiv- 
der ?i26tz 

To punifli any helping to break Prifon, /pe 
Pr'tfon F '28 i 4 

In defedofa Law in Capital cafes, &c. to 
judge, fee prirtled^es pi 

To difpofe of any Whale cafl up, fte wrhki 
atfea Pj^i 

Court of Afliftants. 
Aiajf appomt 3 Free men m Towns to ifus 
Caufes to 4.0. s. fee Csufes P 2o S r 

To approve the Commtjfionerj of Bofiov, and 
give them an Oath PziS? 

To be kept at Bofton by the Govemour or De- 
puty Govemour and Magijhates, See 
Courts P3<^S7 

Their Tower i[,ic£ 

Two Courts to be kspt yeOrly^the time Mvhtn,\b 
May be caltd out of courfe by Ccvemour or 
Deputy Govemour for try al of a Mahfa- 
Hot in Capital Cafes i{^ 

To try Capital Cafes ibid 

May dif charge from Prifon 7erfons Unable tct 
pay fries, fee fines p j^ 

To try Quakers, fee Herefie P (5i S 9 

to try anyfusf)'Medfor'jefuites,k]t^\i\tcs,i^-j 
May order fatisfaiiion for damage done to 
Cattle by Indians, fee Indians P-^6Sy 
Tc ijfue a/l matters beyond the cognijjmcs of 
Indian Con'.mif Court,ke Indians /" 77 S 9 
May approve of any married Pcrfourefding 
here from their Rdatiins, fee Marriage 

P102S4 
May appobt Searcheri for J'owder, fee 
Powder PI 2^82, 

Mqmiirandinprovc the /JoufesqfCcr- 
B z rtvvJt.i 



The Table, 



rsdton, fee Prifon P j ' 7 S 2 

May Funifii aty for helfnt>£ to br£<t^ Prifon 

S4 

I'd ke^f a Record of aU Judgements ghett^ fee 

, Records P 129 Si 

To aajvdge Tviotii trading on the Coofl'm 

<;<»/?, IccSMps Pj/J-iScJ 

County ^curts. 
To manage Benevolence, See benevolence. 

P.9.S.J 
Maypunifh breach of the peace fee breach 
of peace. p.n. s. 1,2 

To regulate defc^ivc Bridges fee Bridges. 

p. 12. s./ 
May punifl; any for ufirg other mens Cattle 
without leave, uben and how,/cc Cattle. 

p./^.s./, 
"Not to receive any Aflion prcper 10 one 
Magiftrate, except in defamation 6( bat- 
tery, ji^e Caufes. p, - 0. s- '■ 
May ♦.'/ith the Se'^-fl men place out unuly 
children, pc c/jj/^re« -p.2£.s.i. 
Way difpofe of Orphans to fervice,p j s.s. 6 
To approve Cieriis of wrliti, fee Clerk^ 

p2p S I 

To be kept by Magiflratf s in the County,