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.
^'
^
pjr»-^
»^t M-^lI
rti"* A/t.- cx "ti 'i-^*^
' 1 1 I — J - « . t I '■ I
I A _*< _. -I_ /-.I ^/fr« . J /—:.': iti I z? . L (L.^
^
"^ ^Ci.y^tl'^X Ca-^^^t^-l/cc-^fi t-/»--/«VtJr-fc^, cv-/i'<'->^-»-4 S^*-W"^'«J) ,
J-V "«
/T ■"'
/f.':^^0, ^^^9. q.^>*^^^<- ^^.- r--^r..^ .ff^.\-f-^:^,^^M
^^p •-v.-tT f~ ^' A.i(v*~y tr *i.*^rt>-**-^v.ei 'i_ rt^^'-c'*-'-'**--*^*^'*.. rfvt-^T'' x_-/<
"i-M-lC^/t
^ A'
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.
('■>.
X"n
man
I.ML'. 73.
M-(-t. a.
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10
11
12
13
U
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.
I>"
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|-^71
-^I
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15
16
18
19
20
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.
7^
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I
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22
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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31
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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37
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37
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
4^
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48
49
50
r>i
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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58
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.
3S-
^9
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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
K
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77
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i t
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
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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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g^r^^^e^^ A}-^ ^--^ i^J^^-'^f^ ^^^^ erf v-v -^^
/.vv,^.,^ ri.t,-s^^ •/^•^ /^t^t A'^'t «^t> %J^J-rt>*^ty^ JfJ
A
t^'lff S f^.T+V^'SL-S
^^^^J. I
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.)
Orora the Elisha Hutchinson Ms. in the Boston Athenseoai.. '
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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 0
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 . . 0
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 0 L 0 :^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 0 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 0 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 0 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 ^ 0 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 0 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, of
other Magiftratcs oifuchasihe Gencial
Court (hall appoint, fee Qourts p j6 j 7
Their power tbid
Mjy conftituteCleiKsand other Officers ib.
To keep fct times ihid
IVl-iyfetcut Widowf thirds in Lands, &c,
fee Dowries p 42 s t
To provide for Minifters niaintenance, fee
£ichfiaft!cal p 4; s iS
to give Grand (urois charge of encjuity of
Towns negled of providing an able Mi j
mftry f 4^ ^ t p
Mdy difcharge from Irnpnfonment fuch as
are unable to pay fines, fee fines p / ;
to appoint cullers of fiOi upon Oatn, feefifh
P S2S 2
to punifh Inch as kil Mackrel before July,sj
to punifh Fornication, fee Fornication p s4
r I, 2
to order maintenance of a Baftard, p ssi 3
to give the Odthof Freedome to perfons al-
lowed by General Court, fee Trecmm
p s6s s
[Vlay pumfh CameAers by fine or corporal
pumilimcDC, "tf Coming p js s 4
to piiniih deniers of the Scriptures^ fee He-
re fie i S9i2\
to Punifh maintainers of Erronirs Doj^rine
;i6is8
tcT appoint men in Tox^^ns to lay out CcDntry
High waycs, fee Bnh ■ac'yci f 64S\
to oraer the removal of ir.cumbrances ifi
Ji-i^) waycs. Ice Higkreaycs f ^ss »
torunifl) id!c Perfons t66%2
to §,1 ant I.icenlcs to Ordinaiies. &c See Jh-
\cqcrs p^yr^j,
May punifh In keepers not giving accrriipt
of draught of ]iccx.,fcc'lmPofls p t^r/s 4
to order latisfsdlicn lor damage to Catlle
by Indians, fee hdinm pyCs 7
to Punifh Indian iradtjs allowed, and not
giving acco:r.pt, and making Payment to
tbe7iC2;U!er p7S^lx
Executions not to be granied till fwelvc
hours after jv.dgemcnt, but by fpcciaJ or-
der, fee Japped p 3 5 ^
to Punifh futh as Brew net Peer according
to Law PSoSx
May Punifh Retailers of flrong \vate;s and
piivatc Hcufe-keepers, for per-i^itiiiig
tiplinginthcit Hcufcs FSiS^P G2S8
to give Cath to Searchers and Serlcr:- of
Leather, /« Leather F 89 >«; 4
May appiove of any matiicd Ferfor. refi-
ding here from their Re iatjon, fe: Mar-
rlcge Pjo;S4
May PuniHi Wcik m.en taking wages a-
bovcwhatis fet in Tcwns by Freemen,
fee jMafiers P105 Sf
IVlay give the Oath of Fidelity to Ir.i^nbi-
tsntsand St:angcrs,jV£ Oaf^-' Pisr S2
to difpofe and fettle Focr Feiforf, fee Teat
Pi23S2
May appoint Scaicheisfcr Powder;/cf ;'ot»'-
dft P226S2
May order and improve the Houfe of Cov-
rccl:cn,/ff Tr\fvn P 127 S 2
to appoir.; a Keeper to fuch Houfe s 3
May p Linifi". any helping to break Prifon, s 4
to keep a Record cf aii Judgements given,
fee kcccrds T 1 2 p s 1
May pu'-ril: Cleiksof Writtsnotm.nkinga
return ciB'nihs, See. P / .?o.s ^
May determine punifhment for dcfacasof
Records, fee Records F 1315 3
May punifh Frophancrsof the Sabhst-Mee
Sdbath P:32si
Mav p-unifii fervilc working on the Lords
day F 13454
May
The Tahle.
May piiniih Selectmen ncgleOiog' Oi"ders
furSiitPecterj/<7e jaft 'Poctcr P. i ^
Msy take Order about Sirangers, fee flran-
rcrs P. It 3
Ma/ oifpofe of fingle Perfans whercSckd^-
rr.cn ncgle<ft,yVc Townships P 14,9.5 7
May leavy upon the County by Warrant ro
fatisficArreares,fcff Treffjttn-r/ jji. 4.
May punifh Conftablcs ncgle^ing to gather
CourUy Rates s.5
To give Oath to Sealers of Weights and
Mi.^^Wf£,\ee Weights lyj. 1
May Punifh Executors in cafe, jee Wills
'57-1
May order Eftate where no Executor of
Adminiftrator ifS. ^.
May fettle the Eftate of Pcrfotre dying inte-
ftate s I
Judges related to Parties may not fit as
judges in their cafe in any Court, Jce
Courti- 38. 9-
In difficult cafes they may confult the Gene-
ra! Court s. li.
The time and pla ce for County Courts 3 7.7
to Paoifh reproachers of Courts and Magi-
fij-ates 3<J. 6.
And the ofFcnce.s of any Members tbcreof,»6
Gountici defccftive Bnclges,/<r8 Bridge !,VZ.\..
Penalty if any locft life &c. by defcftive
B ridges s 3
Penalty of treble damage in cafe thid
Cruelty.
Kbt allo-A'Cd P 3p
D
Vnfimely Death.
THe enquiry how to be proceeded in,
F. 35,
Debts by "Book,
"fo be ballaoccd in three years •• P,4o
For cuftornc of Wfres, &c. recoverable' by
way of ACiion, fee Impjls 6i.Z.
Defam.1t ion.
Of Courts or "Magiftratcs punifhahle, foe
Ccurtt 35 6.
^y rqrroachful fpeccbcs in open CoUityjlid.
Dc'hquents.
Summoned by Court or Magiflratc to afa-
fwer a Prefcnrs^cnt or Crime, not anfwei-
ing Avl'en cali'cl t^t penalty ,(V« lurors^t-j ,6
Deputies for the General Court,
>!ot to proceed to Judgement in My
ccie without an Oath, /ceCoKr/i 34. i.
to fit apart from the Magiarates & 6(^,3 5.2
No Deputy tc depart without leave on pe-
nalty jy. 5.
Exemption for Dcp'titics cf Dover, Sec^tji
Mifcarriagesamong them,tobe fcatenceda-
mong tbemfelves 35. 6,
How to be chofen,yff "Deputies 40. ».
Their power ibtd
May order their own Houfe 40. 2,
To be chofen from Court to Court, or at
moft but for a year 41. 3.
How to t)e qualified 4>. 4*
Not to be abfent the time of Ihetr fitting, on
penalty 4N J.
With the Conftablemay take in Proxies
for BJedlions,/(rt EhOiom 47. 2.
Such Proxies to be fealed up ana returned to
the Court of EleOioH ibid
No Common Attorny to fit as Deputy, fee
Deputies 4^- S'
Dijircjfe.
For Rates Ordered,/^?? fuhl. charges zf. 4.
On Corn or Hay &c. to be fccured on pcnat
tyJeeDifrcfe $4'. .
Dovtries.
What & when to be fct out to widows, /» 42
Id cafe of omifTion, who may fet it out iind
To be enjoyed enduring widows lives ibid
Of Lands fet out not to make ftrip 3t waft ib
"Droveri.
Their liberty p 42,
£eclefiafiic'.tl.
WHo may gather ChurrhtF 4,^. I
How to be g?.chere<i ibid
To have free exeicile of all Ordinances s.3
To E!e<ft and Ordain their Officers tUd. s.4.
To admit and difmifs Members,&c.- ibid ss
To have no humane injunctions impcfed on
them ibid s.6.
May ccltbi'ste dayes cf Fafling-,&c- iind. s.j
The Elders of Churches may morf- about
Church matters i^td. i. s
May deal with their Members under the
handof Jjftjce ibid, s.^
May deal with their Members of anyranJ:
.*-#. 10
AriyChurch member fyable to Juftice,ji.s;/ /
NoCbutcbcenfurcto degrade any Officer
j n civ W imploy ibl3
Private meetiagj of ChriRians QlIowefl,s. H
C W}jo
IQO
"The Table.
VVha may be conftant Preachers and Or i
daincd Elders. ibid.S'/4
No Ordi nation to proceed without notice
given *^^
Open oppofersof the Word &c. ho w to be
proceeded with 4j. is
Penalty on difturbing the peace and order of
ChurcTies i^(i
Who may call and ordain Ch.officers,4(J.ao
EkOions.
Of Affiftants vearly how to be determined,
Of Governour, Deputy Governour, Major
Ctenerai, Treafurer, Secretary, Commif'
Ifonc is of the United Colonies bow made
'ihid s. ■?•
of Afliftancsho\v proceeded in ibid b. tj
penalty of any failing in their truff, ibid s. 3-
EfchtOts.
What and how difpofed p 4p
Farm.
To be of the fame -wherein they lye,
Fairs and Markets,
'Whereandwhen- ^ P45
Ferries.
How to be regulated 50. 1.
No Carjoo to be ufed there on penalty ihid
Wcyjnouth Ferridgewhat ibid
When to take double Ferridgc ibid
Paying no Rent to the Country to take n 0
Ferridge of Ji4agiftrates, "Deputies &c. ib.
yionefo prefs into Ferry boats vitbout leave
ibid B. 2
No Ferry to foffer any to come info his Boat
10 cafe, on penalty ibid
Who (hall be firft tranfported in Feny boats
ibid
Peer
For Entting of Adlons,/ec ^Ciions 2.4.
Additional Fees in cafe 5 /.
0/ Chria of Wriiti.
For Warrants, Replevin, Att3chmcnt,Bond
feeClerliji/writls 28. I.
For Recording Horfesflilpt offjp horfet^6f> 1
Tor RccordingMarriagfes/e marriage^te 1. 2
Additional Fees in caft ibid
iForKecording^lrlhs and Deaths, /<re 'Rj-
cords ijQ. S.2.
for Tolling Catlle,pfC^//e. j 147
Of Fecorder and Cle/k. of County Cm-t.
for filing Evidences &c./ce E^ecdrdt 1 ?p. ,,
^P '39
Of CtmmiJfroMerj Court of £c^on.
See fraall Caofts 2 1. ,,
Marfhak.
SeeMarfhals /cj.s^,^-.
Additioh in cafe tbid
ClerksofTrccp.
Sec Military ,,^. ,^^
Titttt.
To be prefentJy patd,fecured,orpcifc:i com-
tcitted p J ,
May be refpitea by Courts ,i«/
In all Courts, or by Magiftratc Or Commif-
fioners for the Country, to be notified
totheTreafurcir in 14 dayes -.bid
For Galloping in Bofton, wbat to County
Treafurer, fte Callopn'^ F j^
For keeping Chriflmafs^ and Gaming, Jfe
Gammg P57j58si,2.
For playing at Cards and Dice tbids j.
For bringing in Cards ibid s 4.
For denying the Scriptures, what to Coun-
try Ttea(aTet,fec JJereJie j'p, 2.
On Mafters that bring in Quakers 60. 4.
On petfons receiving Quakers ib;d
For Veffels trading with Indians, fee hdians
7j. 3.
For trading with Indians, to the Country,s.4
For felling Boat or VcfTels to Indians, y^.V
For infufBcientLeathcr,/ff Leaf her, rfo. 5 j-.
From all perfons in all cafes to be paid to the
Treaf. of the Ccunty where the party
dwells except,pf TKea/wrej ist-3.
Firing ^ 'Burning.
Woods or Coromcn Ground, whenurjfaw
ful, on penalty jt.t.
When lawful ibtd
Any Frame, Timber, &c. wittingly and wil
Bngly "burnt, the penally %hid
Any of i(S years of age firing a Barn, &c.
how punljhed iVii % z
A T) welling Ho ufe burnt, how to be fatis-
fied for ^ ibtd
Fifhi Fifrjtrmen.
yillCullBriof Ftfhtobefveorn S2. 2.
Sxvom Cuffersto Inn a/lfJhfKg places ihid
yillfifh approved by them to be received ibid
T'ht CuUirs S alter j^ & by vflotn to be-^ard,\\x
What fifh declaredMerchaniablc ibid
Liberty to cut Tlah^i Regulated ibid ?. z
The Tdle,
IfoFiflftohe taken in j^awnhg time on pe-
"«'[; ib:d.s,4
NoA<faekrcl/orf(^t:n^to be krird till jt;:y,
an fenaHy offcrfe'itnrc i bid. S,^
Fijb failed with TariuJas fall^ and t-hereby
jpottedyttot McrcbaHtalte • p 54. s. 6
What, and the penalty p j^
Fornication.
What, and the punifhment 54. i.
Bv aTreeman, further puni/hed ibid, s 2
The reputed Father of a Baftatd tojmioiain
Freemen.
May order Fences in Common fields where
noSeled men, /fe Com ^fWj i7_ 2.
May determine differences in cafe ibid
May by their FcofFes or Pro^iies appear on
fhe day ofEleftion, /ctf^ottfti 35.3'
To fend their Deputies to Gencr.Courts, ib,
Pcrfons allowed by General Court for Free-
men, to be fworn by County CourtSj^S.tl
To nominate fuch as (}in!| keep Courts in
Counties with a Magiftrate ^(J, t.
To give in their own Votes in ILIecTiiODs of
Deputies, fee 'Jieputiej f^^^
According to tTieir number may fend Depu-
ties to G eneral Coiirt H^j
Who may fend,or not fend jbid
Maycbufe their Deputies in anotherCotjhty
1 r ii>td. t.2
May not chufe any perfon unqualified on,
P^"H^y^ 4t. 4,'
Ko perfoD being a member of a Church not
approved fliall be made free, fee Fcclefia-
fi"^' 43 i 2
.Ahd none elfe to put in Votes for Elecflronsv
«n penalty,/*-* Eleilions ^- -^
Putting in more then one Vote for one man,
the penalty jj,,^
Kot being at the Election may put in their
Votei at honoc before the Deputy and
Conftablc ^J^,^
two or three with the Cojiftafale may receive
Votes for Elcftions in cafe ib,d
In Towns to cbafc a Commiflioner to re.
ccive the Votes fcr Nomination of Magi-
fo-arey and County Trcaiure^to the Shire
Town, and fuch pcrfons to cStsfe a Com
miffioncr among then, fcivcs to carry the
Vofcs of that Shire to Bofton, 4f. j.
"Exempted from voting in all ci vjJ A/Tembies
ibid. ^ J
Qualified according to Law, may be made
/tW./^4.
Galhpittg,
jNBollon, the penally p j^
vT . .. ^^r''"^ ^"'l Vm:ci„s,
Notallowcd in Ordinaries
No common houfc for Gaming, on peSty
to Houfc. keeper and Gamcfler ^ ^bfd
Ko Gaming for Moaey,orany to beabettors
to Gaming on penalty a;j
^'ndt'y""^ ^"o^^d in Ordinaries on pc
Pena Ity for keep ing Chriftmas^&c. js'''^.
Penalty for playing at Cards 3ndDice,;fc... ,
Penalty for wdlwl bringing. ft Cards &Di;c
Involuntary free from nenaff., i^f^'\.4t
H
Hmfte.
Za i « ' 'i" ""^^«^ion to be puni^
Ihed with Banirhment % »
Witting and willing denyers of the ^'ril
pturesbeing rd years of a^e, how to be
proceeded with 6 , now tote
Obftinatc maintaining the faid Qpin^'g tf-
ter recantation, how punifhed i^J
Muacton^^ook. tobebroug},tto a Ma-
gimate, on penalty .
The faid Book to be burnt in Bofton ,bUi
Pen^lty^onMafter^CShrpsthatbriogin
Such Matters to give fccurity to carry them
iway,orbeimprifooed ^j,/rf
Penalty 00 perfons receiving & concealing
Qoak ers ,7
Penalty on encoaragement of Quakefs,6U;
Pena y for difperfing Quakcr^Books, titi
Penalty for reviling Magiftratcs and Mini-
^^ ib,d.s.r
Cz
Pub
The Table
Pubfiniers of Erroolous DocUine, how pu-
nrfhed ibtd.ttS.
Quakers to be apprehended, and tow -prct-
ceeded with j&'<i, .? 9,
Any ptrfons defending their O otmons, and
ftirriiig op mutiny, now to be proceecled
with ibii
Order againfl: Vagabond Quakers, 6 a. to
Order againft Vagabond Quakers only in.
force, the ccft fufpcoded 63. it.
HiJesy Sec Leather.
Highvaies.
For (he Conntry to be laid our mod conve
nicntly with advice of the next Townj, 64. i
Not to be laid through Orchazds,&c, mS
To be d, 8, or 1 o Rod broad ibtd
Any perfon endamaged by HKh'Wayes to
have recciTi pence as therein is provided, li'td
Incumbrances in High waycs to be remo-
ved 6 s. '3
Jiorfei and Afaru.
That are (hiot o(F, to be Record cd by Qlet\
of Writts <j/. /.
lio Mafier of any VefTel to receive any
Horfe or Mare aboard without a. Ticket
on penahy ibid
No perfoQ to fell or difpofe of aoy Horfie
ftlnd. to any Indian on penally ihid
No Stone Horfcs to go on Commons l)ui
fuch as are approved by Seled mcByi^d.s.s
A Toll Book to be kept in every Town
by Clerk of Writts p 14;
All Horfekinde and other Cattle bought, to
be Tolld on penalty ibid
The manner how Cattle mflft be Tolld, tbid
Any perfon that hath loft Cattle may feareh
the Toll Book ibid
Hue an3 Cry,
The charge to "be bom by the procurers, pf
CoMjlablix $1-7'
o EE Honfe of Correction p, 67
Iffuftes
forbidden to enter the Jarifdi (ftion other-
wile thetv the Law allows p 6j
Thepcoaltv on fuch, and bo'V to be pro-
ceeded with ,bi(j
Jmpofts on Liquo.'s.
No Wines or Strongwatert to be landed
before Eniry, on pscaJty of coofifcation p-d/
Except what come9f:o*i: England 67. 1.
Goods COD fifcate, hov djfpofcd of ibid
Cuftomes to be paid wh? n Goods are land jl
ibii
TheCuftonieMaffe"to have Dfputiesaa
der rtm HjJjj
Rates of Cuflome on Wines, 6cc. ibid.
The Officers power and duly 6 $.-2
Maflets orMerchants'beir g flrangcrs to pay
6.d. aTun forS hips ebovejioo Tun and
6.$%.el. forldftr fo. j.
All Munrij CydET> Ale, Peer to pay Esfcife
ibid.s.4
E:;!pIati3tir.nof Entry ol Wines 7o,s,
Cuftomes of Wines, &c. to be paid in mony
or the beft of the Specie ibid
Impcjis on Good's and Prcvifon.
All Goods imported hot exempt by other
Laws, to be Ratable to the Country as
other Eftates yo. /.
Every Fad\or or Agent to pay sos. for eve-
ry j col, imported ibid.$.2.
Every Mafter or Purfcr to certifie to tbc
Collef^or the contrnls of ihis Ladiag ht
fore he break bulk, tic. ibid s 3
Every Colleftor to enter the fcveral parcels,
and to whom configned ibid s 4
Every one receiving any Goods to give in to
the Colleiflor the full value 7!- 5«
Any perfon denying or delaying payment,
the Coltf Oor may k avy the f^me by d»-
ftrcfTc ibid. E 6
The Collfilor mfly require, {.nd if nred b?
diftrain,and none mayrefufcon penally 'Jh.
Penalty of falfifyjng, concealing or not
producing Invoices of Goods ibid.s.7
Penalty on any bringing in Cattle, and put-
ting them to fale l)efore notice given to
Ihe Officer ibid.s.si.
Penalty of Beaver, &c. brought in and fold
otlhipt before Entry ibid.S p.
The Country Treafurcr, with thofe deputed
by him under his Hand and Seal to atter.d
(be execution of the aforefaid Laws,
P7i>72.S!0.
All Officers imploycd by him to be account-
a ble to hitr at al I tim ci jbj d
Goods having paid Cuftor^^, rot to be ra-
table again that yeGrbeingir the Ov/ners
hands ibid. s. r.
.The Govcrnour and Council, or five Mc« •
ftrates may gjv€ direQtoas m i::?y queflior.
that.
The Table.
that way arife about CuRcmes 'ibidj. i s
The TfCafbrers Office to have a Seal ibid
KoMnfterof VefTel to deliver any Goods
brought in witHout Orde^from ttic Col-
lector ibiiit.ij.
The revenue of e11 Goods brought in io
Pafoitflqua tobc pdJ in to the puTilick
Trcafury ibid, i 14.
iisaifoaHCuftomes of Wines, Goods find
Powder for fhips already received, tobe
paid to the Publick Treafury ibtd.f. is.
Goods belonging to the Inhabitants of Paf-
cataqua,topay fto Cuftometo the Trca-
furer 7 J. 16.
linprtJJcT,
No Workmen to be compel d fo work from
home above a week together 73. i,
None to be compelled to publick fervice or
work, except tTie Prefle be grounded on
General Courts A(ft ibtd.s.}.
Every perfon fo prcffedjto have reafonable
allowance for his fervice ibid
Perfons exempt from Office, Warrs or pub
lick fervice ibid
None to be compelled out of the Jurifdiifti-
on, on an ofFenfive, but only on a derco-
five -war ibid
Ko mans Cattle or Goods to be prcfTed but
by Warrant grounded on feme Ad of
General Court, and to be paid hire for
them, and rcpal^tion in cafe of damage
ibid
Imprifonfitetit,
No Bail or Main- prize to be taken for Ca-
pital cafes, or Contempt in open Court,
P-74-
Indians,
Right of landdeclarcd 7^. 1.
Jlcdoced to civility, to have Alotiricnts a-
mongtheEnglifh ibid
Civi/iied a competent number, fo as to be
capable of a Townfhip, on Petition to
the General Court, fhal) Lave Lands fet
.o"* . ibid
Shall have relicfin any Court agsinft the
Engljlh doing injury to them in their
planting Grounds, &c. ibid
Ko perfon to give, barter, or fell any Arms
or Amunition to them on penalty, $.2.
l^oneofanyforrsign Nation or Englifh to
Trade with them in thisjurjfdidt.p.75 .s 3
Any perfon in this Jurifdiftion may feize on
Veflels or Goods in trading with thenTjt
None dirsd^ly or !ndire<^ly to Trade with
thera but fucn as arc ellowed.on penalty,! 4.
finccuragementto the Informer ibi:I
Kone to give or fell Liijuor to (hf m on pe-
oaliy, ibid. s. 5, unkfs in fickiiefe, s.^-
All Trading houfes net allowed, £0 be ^s-
molifhcd * ibid-s. 5;
None to fell any VefTel to them on penally,
ibid.s.C>.
The Laws in force among us to be publifhed
to them in fubjcdion to us ooce a .yei''>
17- 8.
Powaws forbidden on penalty ibio.s,»c
Any perfon may feire any of them bavrng
Liquors, and deliver both £0 the ConftaVie
ibid. s.ij.
Trade Witluhem for Peltry and Amunitioii
tobeallowcdby theTrcafurcr 78.12
Every allowed "Trader to pay for his Licenfc
to thclreafufci, ibid. To give a true ac
compt ibid-
The Law toaching Trade with them to be
only during the Courts picafurc ibid
huiidments.
No Indidments,Complaint or Preferitmcnt
of force if not made within one year after
the offence, except in Capital cafes, and
Fcljonies above 10. s. wherein perfons
damnJied to have their remedy according
to Law p. 75
Every one to pay Tor draught of Beer, Cy-
der, &c. /feI»yoy?j ^9- 4-f
Togiveaccomptoncea moncthon penaltjt
of forfcilureof their Li ccnfe or otbct wife
ibid
None may be a common Vifluallcr, or felf
Wine, &c. by retail without approbatioa
of Sf!f<ft men, and licenfe of County Court
on penal ty,/fe i«itee]'crf y^. r.
Merchants of Wine, and Sriller5,&c, may
iCtail Wine Liquors, &c. ibid
Every one to hav«; a Sign within 3 months
after licenfe granted on penalty ibid
To be alwayes provided with good Beer, as^
the Law provides, OB penalty p 8a
To put DO Moloffes in Beer Retailed, on pe-
nalty 80. 2.
NottofufFci- any to be Drunk, ot- to drink
cxcefTivciy en penally ibid, s.5
That flinll conceal m his Houfc any pcifo.i
Drur kj'^r not jr.akc Hay of htm till a Con-
D ' fiabie
TheTdle,
liable £cnie, the penalty
.b.d
Whom ihcy may entertain in the night (ea
ion 8i. 6.
TheirLicenfcsforfcitableincafc 82. 9
To provide fotStiartgcts Horfcson penalty
82. 10
To pay 50. s./)rrButtfor what Wine they
draw, and to accompt with the Trcafurer
every 6 moneths ibid. s. 1 1 .
TopayTuch Imports on Wines to the con-
tent of the Treafurer ibid
To pay DO Import for what Wines they fell
by tlie Quarter-cajk ibid
To clear their Houfcs in Leftiirc times on
penalty 83. 3Z
Their Licenfes to be renewed ye arly,;ii.s. j v
permuting wanton and rude rin^ijjgjii.lheit
Houfes, the penalty 84,17
EniertainiDg perfons forbiiiden by the Se-
iecfl men, the penalty 85. 19
Miy not arreft, attach &r. any Saylor foi
Debt in cafe, /ft Saylor s p. i j^.
Indians found Dtunk, rtfufing to confcls
where they had their driak, to be linpri
foncd ,fee Indians 11. 77
Indians accufation of any perfon felling him
drink, /hall be valid againft the perfon,
except he fhall purge hiinfelfby.Oath,ffc/^
Every Indian Dtunk to cay lo.s. or be
whipt ibid
Every other perfon Drunk, to pay the ]fe-
azUy fie Inkeepers Jo. 4
For cxceflive drinking, the penalty, ibid
Tipling above half an hour, or at unfeafcna-
ble limesjor after 9 of the clock, the pcnal.ifc
No Merchant, Cooper, &c. that keep wines
10 fbffer any to drink to cxccfy, or be
dtunk, on penalty 81. 7
No Retailer of ftcong waters, or private
houfe keeper (o permit any 10 tipple in
: their lioufes on penalty 82. S.
Rctailars of rtrong waters, to pay 2. rf. the
quart 82. II.
None toKtill or Retail fliongwalecs r;ith-
out licenfe on penalty 83; irf.
Strong llaaots in CafesZnot prohibitedto te
fold ibid
Every perfon ccnfcfTing his offence o^aJi^f*
thii- Law, hi3 teftimon-y good againfto-
Ihcrc 89. I J
Wanton aodrudcfingitYg in publick houfcs
penalty, and all prefcnt equally guilty ia
cafe 84. »7
Any perfon that fhall keepa houfcofEntcr
tainment, without
hadj and re-
njewed accoiding to Law, the penally,
84. i8
The penally for any peifons frequenting
Ale houfcs wben forbtdenbySclcfl men,j.i9
Tudjgermttts. £xecuticnr.
When fo be Entred, and when Dot, fee. j^t-
tacbmettts 7. 1.
Acknowledged before two Magiftrates and
ClerTi good in Law, fet Courii, 34- 7
Tobegi-ven by inferioui Courts upon the
refdutioDof the General Court in dilfi-
ctilt Cafes- 38. n
Any Sale, Alienation or Afiignnient of a
Judgement void in Law, /<■<> lud^fm. pij.
Every Judgement given againft any ptifcn,
to be r^ecotdcdiDabook,/f/^2^ffcr^;, i2y.j.
Hxecuitons.
Not to be granted till 12 hours aftei Judge-
ment, but by fpceial Ordcr,/ff >ff/f«?/,J I
Refpitedin cafe, /ef -/i^f<ifi»>ifmi 7. z
Every fale of Execulions void in Law,/fc
JuJgemerits p. Sy
A perfon dying before Execution upon
Judgement is taken our, or before fatiifa-
€iion received, may be reniewcdby Eecu-
lors or Adminiftrat ors,/(fe ludgrwtnti p. g^
To be levied by lVlarfhaIs,/r( vW*jry7'.i02.2.
In civil Atflions void if not fcrvcd within a
Nioncih after Judgement, except the
Court refpitj/ff/Kccfier pi44>
JurorSy Craiidjurors to Prefent
Eyccfsin Apparel, fee -/^/ipijif/ p.y
Taylorjin cafe./ie uiJdnimstothe Zflw,ib.
Nfglcfl of Towns piocunrgan able Mini-
Ri^,fic Ecchficjihal ^6. jp
The breach of the Law tit, Indians 75.5
Grand Jurji, avd lury for 7 ryals.
To be SlimmoDfd for County Couits out of
their own County, fa Courts ib.s.7
Cojurors to be fummoned fiom Salem to
lpfwich,T\ot e centra ib'd
To attend Courts adjouicmects at the time
appointed. /ee Courts adjournment., p 38
Jurort'.
Al CoMTt cf AITiflGfits, to be cholen out of
Su^dk^^cndMiddlsjeXyfiilurics 8<5. j.
Jurors fworn tojvdpe of iimtter, of faO and
cofis, the Deuch of iratter of equity ibid
A fpecisl Jury to be futnmoned forlife or ba-
mChtrtent, tii</. Grand
The Table.
Grandjuricstobe fummoned yearly to at
tend the feverai Coarfcs,wkh their c!u£y,J.^
Every Grandjuror io be aiJowed s- »■ P''
dtem ^ ibid
Grand and Pettyjuties may give in a fpecial
Verciid in cafe, the determinarion wiiere-
of beiongs to the Court 87.3.
All jurors in matter of Fa(^, not finding the
main ifiue, may prefent what they finde
ibid
Any Jury or Juror may in open Court ad^
\ ife with any perfon to refolve or diredl
tbem before Vcrd: ft jb:d,j.5.
No JuiOr fhal! fei-.e above one ordinary
Couf; in a year, except Grand j'urors, &
in csfesofiife and death ibid
The Forsfmart of every Jusyjo deliver up a'l
Wf ijings commiued to them,to the Cierk,
fe£ Rt^co-ds jzp, J,
A Jury to be fumir.oned :n cafe of untimely
iieafft, what to do, and to ^vbcra to make
tetartijJeeuniiMdy deaid p.35
Laodsyfree Lanis.
AUIands grartedjOr to be gvznfA to En-
gli/h Piantaticns orPetfons'by Gsrct-51
Court, to be accounted the right of fuc'h
ILn^Xi^., (a e Indians ^a g^
Any perfon buyingXand of any Indian ivlrh-
out licence of Genera! Cour? forfeif;edj5„ ^
Craunts of Lands from Indians on tearm cf
years without licence forfeitable as If
bought ibid.
AH oor lands and Heretages free from all
licenfes upon Alienaiohc, &c. fee LnnS;-
p. 88.
Any perfons may purcrafe Lands of Indians
where Mines are difcovered, fee Mms^
U6. I.
Leather.
Raw Hides not to be tranfported on forfei-
turn Jee Hides, jj^.j;.
Brojghtffom beyond Seastranfportable,/t,
To be preferved from corrupting on penaky
ibid. s,2,
No Batcher, Currier or Shoo maker to cxer-
cife Tannin g: on penalty,/^^ Leather ^i,^. I
Kc Tsnner to be a Butcher^ &c, ibid
Gaftijng Hides in taking off^ penalty ibtd
Any Tanner putdngto fale Leather infuffici
ently Tanned, &x. forfeited 8p. *.
Tan Fats fet in Tan hilts, &c. the penalty, 1 6
Curriers duty, with the penalty of negie<^,
ibid. 6. 3.
Scnrchers of Leather.
To be fwotn, their dmtf and poiver, ibij.s. 4.
Negleft of their duty ihe penalty, ibi^
Howtodifpofe of imo/ficient Leather fei-
zed by them 00. 5
Liberties Ccntmon.
Every perfon may freely Fifh or Fowl in any
Pond,&c, uniefs other wife appoihted,&c
90. z-
No man fhall come on another s propriety
without his leave, and as in faid Law ex-
preiTed ibid
Any Perfon of the age of i4yearsrr)aklnga
lye, their purssOiment, (lock, fine or
wl)ipp-'iig to the fourth offence p <j?,
Penbiis under age, for lying to be puoi/bed!
by tiieir Pasieots yitia
M
Ma^ijlrater.
GOvemour,Deputy Govemourand five
Magiftratesmay order and direft for
retnoviog obftruc^ions referring to the
Execution of Impofts,/ff Imposh.rz.n
Tbjee Magiftrates may keep a County
Ccart,/*f CfiMrKf ••55, /
May order fafisfeaicn for damage donety
Indians to the Cattle of Englift,/« In-
dians ^jj^ _^
With SekCt jflen, may place out unruly
Children, fee CMdren 25.,.
May difpofe of Orphans to fervicc, 18. tf!
Mey punifh Inkcepcrs for neglca* of gi-
ving accompt of draught of Beer,^ffe
hiiojis ,0, 4.
Two Magiftrates may piinilh Indian Tra-
ders allowed, for not giving a triie ac-
compt and payment to the Trcafcrer, fei
IndiufiS 78. 13,
Confen?iRgtoan Afllgnmentof a fervant is
gcodj/*e Maflers 105.7
May cm of Court difpofe of, and fettle poot
J>ctfom, fee Poj)r tiyV,
May grant Licence to export Fowder, See
Powder ,26, J.,
May appoint Surveyors of Ships to be built,
Siesh/fs 138. 1.
JD z May)
The Table.
May take Order about Strangers, jct'Stran-
gers p. 1?4
With the Clerk of Court may take the ac-
koowJedgement of a Judgement, See
Courts 36, 7.
One iJMagifiiate,
May puTiifh breach of ihe peace, Jf c Breach
of the Peace II. I.
May fupprefs .a forceable detaining pofTel"
fion after" lExccution ibid.s.a
May give PofiefTion ihU
May impriron the detainer and abettors by
Warrant to the Marfhal 'bid
May give Oath to Clerk cf Market;, fee Ba
ken 8. I.
May prefle Woiknicn to repair dcfe<flivc
BtidgSiy fee Bridges 12., 3.
May punilh for.Pilfring under 40 :. See
B-tirglary ij- ■2-
To return the Cafes he iflucs to County
Court iVtd
One or two to bcpre'cntat opening Votes
for Nomination of Msgiftratesjlvi'/ffl.-c-y
47- 3.
May dcnn^it any perfon fufpcil cd for firing
a houfe,6tG. /^< Firing ^1.2.
May punifh fuch as kill MacKrel before July
fii fifi X^.j.
May purjifli fot Galloping in Boilon ftrects
fee Galloping p^ cj,'
May ptinifli Gaming or Dancing in Ordi-
narieSj/tc (jr<miyig ry^ j^
May difpolc ot Caidsand Diet brou-.he ia
voluntatily ibid.ri
Mayccjninit toPrifon any who wittinj^fy
and v/illi.ng!y deny \hz Scripiare,/:^ Herejk
May by Warrant e:;ad fines en Mailers
that bring in Qui^-:trS; and take feeiiriiy
to carry them away 60,4.
May appoint men to view High-waycs
oneornplaini,/ft .(^/g^B'.-jf/ Sj. ,.
May punifii Corporally in cafe ihid May puaifh or binde over Jdle perfons to
■ '" .-.--.. ihe Court, /ffM^Pfr/bj;/ 66. i.
May commit or bind over to Court of AfTi-
{\ants any fufpeded to be a Jefuite,/eff
lifuiter p, ^7,
May fine any refufing to afTisl the Guftoroe
JlfaP^er, fee Impojl 6s. 3
With the overfc:.:cf 3 \- ork may IiDpicfTe
workmen in t??c next Towns, and fet VfTi-
ges, fee Imprejfci 7^. ,^
May fine or punifh a Drunken Indian, /ee
lid:afts ys. ti
May pu-i^ifh any \\>.%\ brew net Beer zz^oxA.-
ingioLaw,/:? Jr7?-:,f.j?drf go. s.
May pLT.ifn P.et?.i]:isof Strong waters, or
privEle Hciife keepers fpr petmittii:g
Tipiing ^.s,,S2.s.7.,s.
May determine aii offences againft tbaiXaw
**> 's
May ponifh uanion and rude Onging in
pubjick Houfes s^. ij
May coinnit any that keep a Houfe of En-
May give Warrant to fcarch for ftoHen
Goods md
May proceed with any fufpedled according
to Law p. 14
May give Gagers of Caslc and Packerf an
OarK, fttCas^ 16. 1.
May, punifh any for taking Cattle to ufe
without leave, when and how, fee Cattti-,
'p. J-.
May end finall Caufes under 40. «r. See
Canfis ao. 1.
May fit ma Court with the CommilTiCBersf
of Bofton 21. ,-.
May punifh unruly Children, fee Children^
27. 2.
May puniflj any perfon entertaining Chil
dren, &c. ibid.?. 5.
May difpofe of Offenders brought before
him, /ff CoiiSiable 31.2.
May puoifh any that tefufeto aid a Con-
f^'able tbid. i,j.
May commit to Prifon any that re/ufe \o
make acknowledgement o{ a Deed,c:c.
fee ilonvejiance ^2, 4.
May adjourn a Court in cafe, fee Courts ad-
joummcni! p. jj.
May Summon a Jury on untimely deajhjfe
'Unlimcly death P'l9-
May deal with open oppofers of the Word,
^:. fee Ecdefiajltcal 44. aj-.
May puDifii. pci fcr.i for ab'*er,ting fioni pub
lick WoriViip ciitheSabbatli 4s-i('
tertainrrient without licenfe in cafe, s.ts
May punifh any fi-und in publick Houfu's
probibitedby Selctt men 3 j. ip
May SummoB aperXonto anfwer a Crime,
/I'f Iwon S7. 6»
May give an Oath to proovers of Leather,
fa LccAher y^. ^
May give Oatli to Searchers and Scalers of
Leather %\>ld. 1,4,
May puniih Lying,/« L'ik^ p. i
The Table,
M ay puiiifli Seamert deferting their Voyage
fee Martttme' pp. 22.
May allow of a Motion to Marriage in cafe,
/f f Mcrrifigt 10 1. j
May cortimit to Prifon any attempting
Marriage in cafe ibtd
Mayjoynperfon; jnMamagc, 102. s
May hot joyn or buffer any to joyn them-
felves'ra marriage before publication ibid
May prefs men &i Doates to purfueRunna-
waies&c- See Mafters 104-. 3
May putiifli Mairters ih CAkJieAialt /06. 1
May commict a diforderly Souldier lo
prifon in cafe fee Military p. los.
May by Warrant feize the eftacc of any
tranfportingourGoyn, fee Monty, in. 2.
May give the Oath of Fidelity to Inhabi-
tants dnd Strangers, feeOathSf 11 $.2
May give Oath to culfets of Staves,/ee Pi^c-
JiavcS, p. i22.
May commit Ruoawaics to the houfe of
Corre(ftioh, fte Prifon. i2j. j.
May give an Oath to a prifoncV not worth
five pounds, ^.128. s
To keep a Record of all Judgements gran-
ted by him againfl any, jft; Records, 1 2p.i
May tine any newly married not returning
their names to Clerk of WrittS, ijo.2
May fine atiy defacing Records ibiJ
May punifh Sabbath breakers, /irf Sabbath,
132. 1
Or any drinking in Otdinaries aftct Sun fet
ikid.'S.2.
May punifh doing fcrvilc work on the Sab-
bath ibid. 1. 4-
Governour or Deputy Governour may ap-
point Surveyors of Ships to be built, /ee
Ship 13S. I
Governour or Deputy Governour may take I Any Mafter under fail running al)oard a Ship
order about StrangerSj/ffStc^ffgfrXjp.if J at anCbOr, to pay all damage, fy. 1 j.
May allow a Stranger to tefide in a Town^ tb HoW goods thrown 0 ver-board to be made
May punidi Curfcrs and Swearers, ]>« Srvca-
rmg p. 144,1 ^J
Mry punifti and difpofe of Vagaboodj, Sei
Vligabonds p-^SJ
Mry fine any ncgldititig Watchfej, .fee Wat-
ches ' tS4: I
May takethcTcAimony of apcrfon of 14.
years of age, /« Witneffet ij8. 2
Mafitiryie Laws.
The major part of Ownersof Veffels agree
iriginfettingthem forth, the nrinor part'
Owners concluded therein ^j. t
Any Owner tcfufing, or by abfent:e cannot
fit forth his part, the MaftcT may take up
on bottomary ibid
An Ownerof Shipor VelTel not alTenting to
let fuch Vefiel, muft manifeft it by oro-
teft, occ. ibid. r. 2
When Protefts in fuch cafes valid ibid
No Voyage to be hindred by fuch prcicft,»fr.
How the Diflcnters partis to be fecuted, ib
Owners of VelTels living in feveral Couolrics
how fat the Mafter may aCt on their parts
Mafters or Mates non-attendance aboard;
the penalty ibid. s. 4.
Maflcrj agreement with their men for wages
robcenuedin a Book, with their rnens
hands thereto, on penalty ibid.f x
Maflersto make due provifion for Seamen
and PalTengcis, on penalty ^/. ^.
No Mafter to fnip any Seaman fhipt by ano-
ther bsfor?, on penalty ibtd.s.7
Ko Seaman to iliip himfelFwith any man
till cleared by the fitft imployer, on pe-
nalty ibid
No Mafter to put into any Harbour in his
voyige, except neccflitated &c. on penalty,
s. f-
Mifters may altertheir voyage In cafe, s. 9-
Mlfters to pay mariners their wages, On pe'
naity, p£. to
Damage on §,ood: aboard, howtobe made
good in cafe, s. / /.
No Mafter of a vefTell to more nccr him that
was fTrftmored, on penalty, ibid. s. iz
jMan-fkujhter. .
Any i.trfnn thtft (hall kill another in the dc
f'^nccof himlelfor another, 64c. fiiall be
f 'imclcfs p. ^2 J
good, s. i4-
A VefTell gWing Over her voyage through.
infufficiency, the charge of Ladifig & un«
lading, by whom to be paid, ibids. r j.
Goods damaged at Sea by negiigenic, to be
made good by mafter & manners, ti.S. 1 5
Damage flone ty one Ship on anorlrer, -by
breaking loofe, howro be made good p^.
17
Marriners.abfenting themtlvcs from tKeir
Ship, the penalty, ibid. s. 7 /,
E Mar
1^3 £3
TheTahle.
Mamners caufing diflurbance in aShip,to the
prejudice of the voy3ge,how punifhcd,ifc.
i. tp
Any pcifon undertaking to be a Pilot &"c.and
iound in!iifricient,his penalty, tbid. s. 2c.
Marrioers to keep watch at Seajand in Har-
bour, on penalty, pp. 21.
Matriners dcleriing thekVoyage punifhablc
in cafe ihid. s .22
Marriners having received their Wages and
deferting the Ship to be putfucd as Runa-
waycs ibid. 1.2^
Marriners entertaining perfons on board
without Icavcj the penalty ihU.t. 24
Outrage by Marriners on the Mafterhow
punifhed 100. 2j
Marriners in diftrefs at Sea, not to leave the
Sbip if no peril of life ibid.i 2 6
Marriners .in cale of Shipwrack to cndea
vour the faving what may be, and fo have
rcconipcnce, if ncgleded, the penalty
ibid. i,27
Marriage.
No man to ftrike his wife or woman ber
husband, on penivlcy 101. t
Ko pert'on to bejoyned in marriage before
Publication ibid, s.j
The manner of Publication ibid
Any pctloa making usotion to marriage
without confent of Parents, &c. the pe
nalty ibid. 1.3
No mairied perfon whofe Husband or Wife
is in other Countries, may refide here in
Cafe, on penalty ibid. s. 4..
None may joyn perfons in marriage but a
Magiftrate or other perfons appointed
i02.-f.
None may )oynthem(clves in marriage but
before fucb & that after PubUcajion, it.
No Man may marry his fitft wives aatura!
fifter ibid. t. 6.
Every new married perfon to give in h«s
ramc to the Qerk of Wntts, 00 penalty,
fee'S^uords /^o ?
Marjhalis thtir 0§ce and Pofrir.
To obey the Warrant of one MagifUate,/ff
"Sreach of peace 11. 2
May require aid in cafe ibid
To lervc Warrants or Attachments for cafes
try able before one Magiftrate, /fC Caufis^
30. I
To afTift and obey the Coranjiflfioners of
Bofton zi, j.
To levy fiues impofed by CourtjTff /jwf^,P.fi
may Attach and Impnicn peiicns til; fioes
are paid ilid
Py Warrant from a Magiftrate 10 appre-
hend deniers of Scripture, ftt Bfrcffy
S9- ->■
To Co\lefl fines &c. by Warrant fjcm the
Treafurer, on penalty ,/« Marf\ialh s. 1.
Treajurer^ tjl. 4
To Levy Executions on penalty ibid. s. 2.
To make Returns of Executions, to Clerks
in two months, on penalty ibid.
To fetveall Attachments direded to them
and make return to tlic Clerks cf Courts
105. 3.
No Marfhal to be a Clerk or Recorder of 3
Court ibid
Marfhalsfces. ibid. s. 4
Additional fees. ibid
Marthall Generals fees ibid. 1. j
Matfhallsand their Deputies may rcquiie
. aid in care,asConftabiesmay do^ibtd.s.^
Any refufirgtODJdthcm, the penalty, :btd
Maifhallsor other Officers power in levy-
ing Fines, Amercements and Executions
ihldt s. 7.
Where thty are to make demand ibid
The Officers charges to be Icavied with the
Executions 104. 8
What Goods may notbc taken by Exec u-
cution ibid
The >J/ar(hal may take the perfon refufmg
to difcover Goods or Lands ibid
Afarilial or other Officer doing wrong to
anytomakefatisfadion ibid.s.^
To enquire after Wheat landed from for-
reign parts and put to fale,/fe Al^it, 106.2
.A/arfhal General to receive of the Secreta-
ry, and fend forth Orders of General
Courtffeeli^iordt n?- S
To fend forth Trea/urcrs warran ts, &c, ibid
MaJlerSy Servants^ Labourers.
No Servant fhall Give or fell any commodi
ty withotit Liccnfe 104, /.
Time for Workmen prefcribed ibid.s.z
Runaway Servants and other fu/pitious per-
fons Low, and by whom to be purfued,
ibid. S.J.
WOTkmens Wages to be fet by the Frcf
men in Towns ibid. s. 4.
How Workmens wages tobepaid,voj. /.
Servants flying from ctuclty may be har-
boaicfl
The Tahl
e>
boured in cafe, iUd s. 6
No Servant to be put off for abofve one year
■without cortfent of 2 M3giftrates,zi!^.s. 7
Servants maimed by their mafters, to have
recompence; ibid. s.S
faithfiill Servants to be rewarded, ibid. s. p
llnfaJthfull Servants how punifhed,:fc»s. fo
^ee more Burglary^ i;. 2^
Malt.
Penalty for malllers,if jnalt be not well made
106. I.
No wheat, barley &c- to be brought in from
forrcign parts, on penalty, Md.
Mill/, Millers.
No i^illcr (hall have above one fixtcenth
part for Toll-of what he grinds p.lo6
Every filler to have Weights and Scales,
ibid
Military.
The Serjeant ^ajor by Warrant may re-
quire the chief Officers of the Regiment
to meet 1 07. 1
Such meeting mayimpofe fines in cafe, tbid
may order Clerks to di/lrain ibid
64 Souldiers befides Officers (hail be ac-
counted a Foot Compaay 308, 4-
The Mujor of the Regiment to order fmal-
ler Towns ihid
Every Capt, Liev. and Enf. to have Com-
miffion from the General Court ihid
Every Captain fiiall appoint what Arms
every Souldierfhallfervc with .ib. s.5
Two thirdsof every Company to be ^uf-
kets; Pikes, to have Corflets and Head-
pieces, jt/ii. Or Buff or Quilted Coats
115. 20
Every Captain to excrcife his Company fix
dayesinayear ibid
To give notice thereof three or four dayes
before /i,/^
Dayes expended in marching to ^^^ f,(, ^^
Rcgimencal Exercife allowed part of the
fix dayes i^,-^
The three chief Officers may punifh difor-
derly Souldiers, with the manner how,Jb
S. 6.
Souldiers bow to be Armed, on pettaky, s. 7
Ulio are to be provided with Arms ibid '
Any Soaldier wanting Arms.how to be flap-
Whitpetfons arc exempt from Training,
ibid. s,p
Every Coinpany to have a Cletk, hie da;y,
ibid. «.io
To be upon Oath ibi4
Committee of Afilitia in every Town Hated
their power and duty in cafe of Alarms, s.i i
No ^ajor to lead his Regiment oiu of the
County, except^ &C. ibid
Seniority of Captain to be according to the
Seniority in Towns ibid
Bofton Captain ptececdency by priority ©f
Commifion ' m^
Warrant for Impreffing SouHicr», to be di-
retfted to the CorTimi'rtee of militia ib
Committee of militia may fuppreis raifing
Sojldiers by any but this Government, ib
Committee of militia with Selcd men to
mount Artillery, and repair Forts, &c. ib.
CommifTion Officers of Horfe to be of the
militia ,fcj^
military Watches how to be fet ib.s.)Z
Firing a Gun after the Watch fen the pe-
"al]y ^ ibid
The duty,of a Sentinel and Round ib.
'W hat fhall be accounted an Alarm ibl
The Souldiers duty on an Alarm, on penalty
ibid
Smiths and other Workmen to repair Arnjs
on penalty 312*12,
Surveyor General yearly to give accompt
to the Gouncil, of the ftock of Powder,&c
_ , ihid.s.id.
Every Town to have a Watch houfe, on pe-
nalty ibid.3.15
Every Town to have a ftock of Powder &c
on penalty 'jbij
Troops to be under the command of Majors
of Regiments j,j.,<j
Troopers ptivilcdges confirmed, what ex-
cepted ibid
How to be Armed ibid
To exetctfc 6 dayes yearly on penalty, Ibid
Every Troop to have a CicrJt, his fees, ibid
Officers of Horfe may remit or abate fines,
ibid
Troopers duty ia cafe of Alami, on . penalty
ibid
Ko Officer of a Foot Company to be a Troo-
per, i'sid.
No Troop to be drawn out of the County
but by order of Major Cccecal, except,
ibid'
NoTrooper may put off or change hii Horfe
without IcavCi on penalty ibid
E ?. Tifoq^^i....
The Table,
Troopers fines for Kod appearance :htd
No lifted Trooper may disband fiTmfeirv/uk
cut leave on penalty ibid
A Ti'oopcr difmlft to be rct'jrned by Certifi-
cate to the Commanrfer of Foot in every
Town ibid
Inferiour Officers Cammi/Tions to ftand
good, on the death of Soperiour Officerr.
114. 17
Souldiersbc-Dg difmiftfrom Lxcrcifd to re-
pair to Ihcir quarters ibid
Oiforde:E of SouJdicrs to be punifhed by tht
chief Officers ibid
Trooper* lifted after 63 not to have the al-
lowance of 5.S. ibid
Who may be lifted as Troopers ibid
Who arc lyabic to Miiitary Watcbcj, i.ip
Towns not under purdcalar Majors to be or-
dered by the Major General IH5.19.
Commifiioli Officers to be chofen by the
Genera! Court, eKcept,&c. n6. 23
Inferiour Officers to be chofen by Commif-
fion Officers, or Major, where 00 Com-
miffion Officers are ibid
Regimental taeetmgs ordered ib.s. $2
ThcJI/ajors allowance at foch meetings,
what, and by whom to be paid ibid
Commiffion* for military Officers to have
the Publick Seal, /*e Seals fublickj^M^
iJffinis.
Dircovcrers of Mines to enjoy the profij
thereof for ai years, provided , &c,
116. I.
Mines found by any man in his own propne-
ly, fhall remainto the Owner, escept,&c
ilid
Money
ThcMinthouretobeatSofton atJ. I.
AllOfficersbelongingtoit, tobe nvorn, \b.
"Every perfon may bring BuJTlbn or Piste to
be minted jb
All money minted, to be of>Sr(?r5. Alloy, ibid
The Stamp and Infcription of money, ib.
The value of money Coyned ibk;
Moflcy Coyned here to pafs currant ib
AUowance forCovning,and wcight>cif Coyn
ibid
No perfon to carry out the Coyn of this
Country, on penairv 1:7.2,
Searibetsj'orinoncv.fxporttngto be in all
iieedlul pk-Y5^ theu power ibid
Snch&earfthcrs to taki.' aa Oath ib,
may Kquiu;e Aflsiiaooe (bi4
Aiemy.iiei.
Ko Monopoly allowed but of new Inven-
tions that may be profirable p.iiy
Oaths^ Subjcri^tiotif,
NO Oath to be impofcd, or fubfcrrpiion
required, but what the Gcncial Couit
bath appointed j^p. j^
No Oath binds any man or Officer, but
while an Inhabitant ,0,^
AO Inhabitants take the Oa!hofF2deli!y,.t.^
All Strangers to .taXe the Oath prcfcnb'ed,
p. 120
Ofprejfion.
What, and how punifhed p. izo.
Taj/tntKtt.
ALL Payments to be in Specie contra.
(fled for 121. 1,
Pet it ions.
Every Catife heard by General Court, to
pay the ch,Tgeyof the Court, befides En-
try p. 121
When Petitions are to Be received, when
not ibid
Who may prefent Petitions without pay-
ment ibid
Aceomptofthe number of Petitions to be
flgnified to the Court, as direded ibid
'JPifefiava, Viiwers of Staves.
Coop crs ftaves to be cuiled,/«?f Coolers, 17.J
Two Viewers of Staves to be chofen tn eve-
ry Town whtire they are (hipt ofF, Seg
PipfBaves p. 12^
The V: ewers to be upon Oath, their power,
ibid
Aflizc of Staves ibid
Tokeepaccompt of Staves approved, and
for whom ihid
Pipeftavcs fhipt not approved forfeitable, is
Seafcherff fees for colling ibid
Mafte;s receiving Staves on board, not cull'd
the penalty ihij
Refufe Staves not prohibited tranfportation
ibid
Pfor 'Perfons,
Tobcdifpofed of bj Sbire Courts or twa
MagliVates out of Court u3 c
Any
The Tahk.
.^ny perfon not excepted againft within 3
mcneihs, fhali be reputed an Inhabitant
in Towns where thy arc, ibid. s. 2
Any perfon excepted againd, and not remo-
ving, nor con;p|ained againft to the
C'junty Court by any Town, the penalt.rb
Where perfons cannot be /cttlcd in any
1 own, the County Court may order theit
refidcnce, tiic charges to be paid by Coun-
ty Trealurer ibid
Poffe[fiort.
1 ille to Inhehiancesby PoficflioD, declared
p. 124
Porters.
7o be allowed by Sele(ftmeD,and their Wa
gcs determined P 1*4-
TUintiffs and Defendants.
Plantiffasking advice ofany that are to judg
in his cafe may not piofecule his A<flion,
fee Counfcl p. 3 4.
In fuch cafe fliall pay cofts to the Defendant
2r.d fo c contra jb.
To attend Adjournments of Courts, /ff -^J-
joi'.rnmenti p. 38
Not profecuting thisir Anions at Court of
AfTiftahtstopay cofts to the Defendant,
fee Jurorj 87. 4,
Kol appearing the. fir.l fcrcnocn of the
Court to be Non iiiilcd ibid.s.d.
May make a new Entry in cafe ibid
DeTendant appearing in any Court, having
asked advice of any of the Judges, being
proved to pay 10. s. to the Piaintifte, fee
Counfcl P. 34-
Toattehd CouTi Ad.iCJrw's.'neraSj iS«f yid
jourirmcnti P. 38.
TohaveCoitsofthePiuintiffc noi profecu-
tinghis Appeal, /ef^Mn.rsr S7. 4.
To have colts of a PlaintifFe upon a Non-
fuic ibid. s. 5.
fouF:^, Pouizd hr:aeh.
Every Town to have a fuiTicient Pound,
124 I.
Any Pounding Swine or Cattle to give no-
tice to owner or caufeihcmto becryed,
ibid
^ny Swine or Cattle ercapir.5 out of Pouhd
he Owner t ^ pay a!! damage ibid
Owners of Cattic tQ pay damage or Re-
plevin ibid
Mo one 10 Rcfcuc Cattle going to Pound, on
Prnairy ibid. s.a.
Foan.H brrsch, the I'cnaln*
ibid
Harms done to any by Keicue, to be maoe
good ibid
Owners of Cattle abettors in a R efcue, their
penalty ibid
Powder.
All Powder, tczd, Shot, &rc. imponed.to
be Entred v»:ui the >Jota.-y, on Penalty,
lij s.
Tiie Notary to keep attue accorript or fucn
Goods ibJd
Not to grant Certificate to any in caff, on
Penalty ibid
The Captain of the Caf^le to fignifie this
I,avv to Marteis and Merc>i3nts ib
No Powder to be tranfportcd out of this Co-
lony without licenfe, on Penalty, ii6. 2.
Frefcri^tion.
What, P. iz6
Prciidents 6i Formes of Oaths &c. f.102
Fnfonen.
Who may be impnlbned, fee Atrefisj 6. 1.
Mrintenanee declared ibid
No; to be kept in Prjfon in cafe ibid
Concealing Eftate to be fold ibid
Of under Bail for Crime, to be tfyed at the
next Court that bath cogniz::nce thereof.
See Courts, 3S. )o.
To be conveyed to Prifon at their owti
ch^ge if able,/ff P«jonerr \i6. 1,
Ao Perfon to be lielpfol to any to break Pri-
fon, on Penal :y 1 27. 4
Any Prifoncr taking Oath he is not worth
fivePouiiJs.to bcdifcharged 12S. j,
frijun Keepers.
DifehargedofPtifonefs ill cafe, fa yirrej'it
6. 2.
Mort^ fee Courts jz8. 5.
Danger 7. 3.
Liberty Jq take Baile ibid
To receive tcrfons Committed for Drun-
ken'nefeby Magiftrale, Commi/TioBer, or
izie€irL\tn,Jle Inkfepers 81. j
S'.;!icr-sng any to efcape the Penalty, fee
Fnfn 127 4.
ToPrefenta Lift of their Prifoners to the
Courts to whom the Cogniianee belongs,
128. 5.
Cods for Prifoncri; maintenance to bo deter-
mined by the Courfs ibid
Houfc of Corrcdion.
To be erected in every County at tFieIr
charg-' 127. 2.
The IVjailer to hta^poinudbv Couq.Co. <W
P H4S
TloeTable.
His Fees i\>id
Delinquents commiticd, how to be puni-
fhed, I'oid
The Maftcr not to difcbarge any committed
but by Warrant ihid
TriviUdgti Civii.
No n\.an to fuffer any puhiflimcnt, &c. but
by vertuc of fome Law eftablifhcd, oi ^-he
Word of God P. •
Woman to be Imprifoned before the Law
hath Icntenced him in cafe, /i?e Impvijon-
ment p. 74-
Any perfoD may come to any publlck meet-
ing,and prefent any neceflary motion,&c
fee L'lbsrr.V:; Common po. /
Any perfon majt; remove out of the Junfdi
ition,ifno!egal impediment 93. 3.
*Proteftat}0}t.
How, and in what cafe to be made p.iss.
Pumfimient.
MomanfhallljcfenteQcedcwiceforoas of
fence p. i2p,
Ho man to be puniChed With above fc?ty
ftripes at one time ibid
Ho man to be puniflied with whipping in
cafe thid
No torture to be ufed'iWfore conviftioh, ibid
R
S
Sablath.
PErfonB abfeming from publick meetings
on the Lords day, 6:c. the penalty, fee
Ecckf:aflkc[i 45-. 16.
Prophaning of the Sabbath what, je* Sah.
bath ijs. i.
Youth Prophaning the Sabbath, how puni-
ihsd iVii
Pcrfons above J 4 years of age,PropbaDing
the Sabbath, hov/ Panifhed i^lA
By the Lords dav is meant day light it'td
Drinkirig in Ordinaries after Sun fet the pe-
nalty '£}' 2,
y^nyPerfofi not paying their fines, or giving
feciirity, to be corporally punifhed, s: ^
Any doing feivile work on the Lords day,ihc
penalty, 1^4. 4.
What Travellers by Land ot in Boats to be
accounted Prophancrs of the Sabbath-jJj^/
ALL Evidences matiy cafe, to be given
in Wrintig, and .sept on file tip. 1.
Every Parent-fctc. m give the names of all
born or dying to C Icrk of Writts, 130.2
Any perfon may Record Tefhmoifies, &c.
Defacing of Records, the penalty Md
Any Perfon may vicwcc fearch, Rblls, Re-
cords.ot Court, &c. iW/l
Rolls. Rpcords,.&c. that may be viex7cd, is [
tf;rprcced ihid, s,^,
Repkvm,
Ovv:iiers of Cattle impoundcdj may, Repic
'-•innSem, Jee Ca«/e j8. 3
Jo be granted by the Ocrk of Writes, |r.;
CltrkcfwritU 28. 1,
What may be Replevin d« whea, and by \
wh or.i, fee K^piuin P. 1 3
SayloYs.
No Ic keeper, &c. rasy Attach, Arred, &c.
any Saybr for debt io cafe p. 1^4.,
Salt.
In every Maritime Town, a meaforer of Salt
aboard Ships to be cbofen p. / 34
His allowance ibt4
ivlafters or Marriners non-obfcrvance of rhis
Law, the Penalty tU^
Salt-Peeier.
In all Towns where the makers thereof dc-
firc, ScledVmen are to make Orders for
encreafing Peeter P->is
Penalty on any ncglef^lng fijch Orders ^hid
Select men negleding to iTiake and execute
fach Orders, the penalty ibid
' Seal-Publfck.
The Governour, or keeper of the 5eal to
afai: f^e 5eal to Military Commiflions,
&c,ifom this Court or Council without
pay p. i^S'
Schools.
Every Town confLftingof 50 Houfc-hold ers
to have a School for Wriling and Read-
ing I J 6. f.
Hovy iijch Scho?! maiier (hall be paid, tb%d
VVbci-c a i;undrcd Houfc-bolders are, mufi
be a Crrrnmai .school; on penolty i z,
NoHeC;Ocioj( or (candalcu* Jchool-inafter
CO beailo^s-'cc; iVid. i. i.
Peinltw
Tbi
Ta'ole,
Pcna!ryon Towos for want of a Grammar
Secfetarj. j
To rii;n \Varrants for lixccunon of p^rfons
fciuenccd to death by Coiir- of AlFiliants
or General Court, fee C:jt:ei:m)hd tb. s. 2
To give out Copies of the naircs ofpcrions
allowed by GciieraJ Court to be l^rc^inen
fee C'jin:s 3812
Ncivi^atwn ,
n9-
Rules for their procccaitig therein, and Ue%
•'tared, ibid.
No niaiters aboard '.heir fhips to dririk
hcaiihs, orfuffer others to drink them on
pi'nalty 14c. 4.
No pcrfon to tire a Gun after Sun fet, or on
the Sabbath, on penalty, ibid
The Captain ofthe Caftle to gn'e notice of
this Law, to ail Ships pafTing the cafl]c,Jb.
To give notice of all fines to the Tre.lurer , e^,^^^, j^,, ^^^^ ,„ ^^^ p^^^^^ ^^^ j^^,
v.uh.ni4daycs,jf.p,f/ Wid , ing moillv to this Country, to nay halfe a
To i.gne vVarrants lor levying n::ccur.ons, ^^^^ of powder fer Tuli, .U. s. /.
fuALvp^^ls I ex. 2. Officers, as receivers nominated ibid.
Toreccivc in I'etinonsar flic General Court Their Pouer ibid
''"'^.:'^^!'l\^'Vr''':;i^''!'''''^','' S^ch arc accountable to the Gcn.CourrV&i^!
Noperfon lliall Trade upon our Coafts jri
To give acco'Tipt o! the .■ninber received by
hiin to rhc •M3|;illrace, winch fiiaJl be al
lowed as part of liii Sailcry ib
To deliver to the Maillial General Copies
of (pccial Orders of Genera
in ten dayes, fa' Re^'vr,<i
To wrife out Mihcary Corriir.ilTions-, &C. !
for the Seal, [a 5c li l'!<llu\ p, .U 5 :
To keep accoinpt of dues by hncs, &ic-on:
penalty,/"?;' 7Vf (7/ir)-«r j^i. 4. I
To prefent to thcCourcil, or Court of AHi I
Hants an acccnip: of ali Hond-i, &i:. re I
turned to England, fer Sht^t 14c. y.:
cafe, on penalty, 14,1. 6.
1 Court uith j Tobedirpofcd of and rr gulatcJ in the frve-
;'.'(i,.;j tal families by the Select tDcn. p. 1^/
Stravet
Every one takcing up a Stray &;c.thc owner
not known, to enfcrm the Conftafi. with-
in fi
X days,
ibid. s.
R'-ilc$ for tile Conftab'e'in fuch cafe, tbid.
Penalty to finder or Conllable on negle^, i'j.
The linder Co apptiic & Record ioA goodf,
Sclfi Afurther. | en penalty, ibid.
Self n-.Drthcrers denveJ burial! in commoaj Loft goods to be rc?;ored to Owners within
burying places, but 6«:c. p. ij7| one y^arafter publication, on condition,;/?.
I Findc'iof Straye? to put wyt'is on beads
^"^y- j nec)fs, on penalty, ibid.
.Aryperfon may keep (hccp on comnons] ^^vhen Catticfhall be accounted Scraies,/t!cf
whereto he belongs, / ^7 / Penalty to any takcing olla wyth,or takmi;
f ; '. c llicep to be allowed fur one cow where] 3^^,yy ^ bcafl il.--id
coimnoiii are U.aird, ibicl^ /\^n jtraves where to be firA CryeJ, ib. s. r.
N'one to rouric \^ ith aiiog.on psnilr^- ij8. 2 [ c^t^aies to be entrcd with the County Recor-
Any dog kiHin- iliet p lo be hi :ged by t ic | j^.,^ jj„j
osvncr, on penalty, " "• ' Scraycs how to bedifpofcd, in cafc, ibid
/.JiVVooll put to fale; how'to PC walreu &
ordered i)n penalty, li;/ s, }] Strangers.
May fuc Strangers m any Court, fcc Courts
p ^8 s. s.
Every Maftcr or mate of a Ship to bring a!!
Strangers immediately upon their arrival
before the Govcr. or other Magiflr3tc,oa
penalty, fee Strangert, p. i-fjj
TheCapt. ofthe Caftle to make known this
Order to Veffelis that pafs by, ibid.
Strangers profefTing the true I\«ligion, to be
fjccoutcd ikiJ.
F 2 Ali
.s •jipr.
Ev;;ry VeiTell above ;o Tuns to be built, tTia'l
be Surveyed by )ueh as are appointed. tjS.t
The builder, or owners of (uch wSel to give
notice on pcna'ty, ibid
S T.'cyors power, ibtd
A:»y Ship<arpen:e('ni>t following the Sur-
veyor;; aJvtcr,,upon complaiat iiow to be
prccccdea witn, ibid
Oliuers appji'-.cei to ptopagaie thi-^rt of
The ITahle.
All perfoons to enjoy eijual Jufticc ilia.
No Sti anger to have any Lol id any. Town
till allowed, nor to be eniercainct! above 3
weeks, on penalty ibid
Noperfon to receive a flranger above three
weeks, on penalty ibid
Surtties,and Goods .Attached.
>^o Goods Attached to be free, till Execu-
tion upon Judgement be fatiified f . / 4^
Sureties, except in Capital or Criminal Ca-
fes, not to be free till Execution be I'atis-
ficd i'vid
Sxvcarmg and Cutfin^e.
Rafh and vain Swearing and Curiing, how
punifhed p. i45
Swine.
Any perfon chofen to execute Orders about
Swine, the penalty 14J I.
AH damage by Swine, to be paid according
to the Orders ofthe Town where damage
isdone ibid. s. 2.
What fufficicnt Fences againft Swine ilid
Swinelmpoundedand not owned, how to
bedii'pofcdof 146- J.
Towns or Seleft mens negleftlo make Or
dcrs, the penalty ibid
T
Tile Earth.
WHentobe dig d, on penalty, p. 14.6
Ttpim, cr Tjp/««£.qno
Seelokeepers, 1^81^84
Tobacco,
May not be taken within 20 Poles of any
houfe,&c. on penalty p.i^6
Telling of Cattle, fee Horfcs.
Town-fiiips.
To pay their proportion to building or re-
pairing County Bridges, fee Bridget J z.r.
Pciidlty by defective Bridges or Highv/au-;
ibid. s. £
Penalty of treble damage mcafe ibid
To choofe yearly a Gager of Cask Bi Pack-
er, fee Cask^, i(5. r.
Any thofen, paylfl? 40 s.' the Jown mUil
choofe another, ibid.'
■Negledt hereof the. pf nahy, ilid
Totiave a diSintft Brsnd mir'i, fj£Crf{ili,
p.iS.s. s
to pro\'ide an nouic for,tbeMimftry,f;.° Be
scrAl,
4) '7
May aiipofea fir.eon§cy chcfcn toCT^cc,
ardrefu'in^'tofsfve p? Frennen S"- »
To reftrairie Indians from proolianhng the
Sabbaih , fa hidwn- -jj. 10
To rhofc Sf alcrs of I eathcr,/(r Lcall.o\^9j^
Nor to appropriate to any man any Poncj
that ii jbovc Jen ncics^ fee Liberties
cowmcfij 9'. 2
Danger, if not excepting againft perfcns at
the County Court, fee F cor., 123. 2
Where fo Families aie, to havconc to tCach
to Write and Read, /cf Saw.'/, (36, 1.
W here one nundred Famiiies are, to have a
Grammar School, on penalty ;;;. s.s
To make Orders againft Swine, on pccalty,
fee Swim ,43. 3.
May chufe Seleft men to order the Pruden-
tials of their Town,/fe Townjliips^ i^g. /.
Todifpofeoffingleperfoos, and InmateS;^.^^
May impofc fines on any refuling to fcrv'c as
Conftables jbld. >, j
Who in them may have ptivilcdge of Com-
monage for Wood /^f, ^-
To pay 10. s. for every Wolf kill'd by En-
glif'h,/ei? Wolves /^-j. ^,
Selcd mens Duty and Porvn.
"""o AfTefs perfons for their G^arb,/cf j^pparel
s- I.
To appoint perfons to view'Town hounds,
fee Bounds p, , q
To order Fences in Common fields in cafe,
fee Corn fields .^ ^^
To make Orders to repair Fences gcnerd
.and particular under ! Do Acres /y. ^,
And to impcfe fines jbjj
Notionefj'cClm-kingfuch Orders on pe-
nalty to the Town ibid
To order repairs of Fcncrson thcOwncis
iifglea iljd
Toj'ive Warrant to the Conllable fo levy
divjB!; c'.T.agesjocafc id.'!.
To try CzrScsy and grant Executions in cafe
_^ f:s Cd'.fes ;n, ,.
It- jnakeCoijntry7<.atC!^ JeiCbar^ti Ftthl.
£1. 3.
To AfTeG.S'rrangers ary MonctL; ?/. j.
To fee to the Education cf Youth, en pc-
tiiiVVyfc^ Children £6. 1
To ph.;e out unrulj Cinldren ibid
Th^m-pr part mny approve t!
I of Crphcr.s
j To APrcfs fcr r/iiniilers tnaintenance,jfc Ec-
To rtcive «f U-i Cotint^ Ttofurr ?x.\xs
ircpoied
"'■^ rr.artjage
ss.6
TheTahle
impofed on Quakers, &c. and to improve
ihcm^fes Editions 4S. s
To lay out pri vate High-wayes, /fc /^/'j'^-
rvaycs 64. 2
To give rccompence to any danla^^d by
fuch Waye« laid out %\nd.^.6s
To approve fuch Stone-Iiorfcs as go on
CommonSjy'ff Heroes
6s. 2.
To levy the penalty by Wairant for the
Towns ufe jb.^. 66
The penalty of S cletfl-rnens neglc£\ Wid,
With the Colicdor of CuftomeS to rate
perfons in cafcj/fe Imjtojls 71.7
Where no Magiftrateor ComnaifTionersare
may punifli Indians for DrUnkenefs, fis
Indians 7;. //
To approve of perfons to keep Ordinaries,
&€. feehik,eepeA: yp. 1,
Where no Magiftratc or Commiffioners are
may commit a drunken perfon to Prifon
or punifh according to Law, /re Inkcc^er;'
Si. s.
To prohibit perfons from publick houfes,
&c in cafe s s- ' 9-
To receive a third part of all Leather and
Shoos feilcd, /?e Zffll/jer ^o.f.
To Affefs the Town for mounting Artillery,
&c. ^ee Military 110. 11.
To Affefs for Towns ftock of Powder, &c,
iJ2. IS
To crave the help of County Courts againft
perfons obtrudeing the Town, fee Foor
Toprdvide for Poor fettled by County Court
\b:d
To allow Porters, an'd fet their Wages, fee
■porters p. 1^4.
To provide materials for workin the Houfe
of Correction, /eei'njon 127. ^
May punifh Prophaners of the Sabbath
132. t.
To make Orders to produce Sa't peeter, fee
Salt prefer p. 1 ^s-
To impofe fines on any negle^ing their Or
ders ibid
To cbufe and allow an Officer an annual fti-
pcnd to execute the'?? 0:-ders ihid
To provide for Schooi- mailers maintenance
fee Schools ^6.1
Nottoadraitorfuffer aHetrodox or Scan-
dalous Schoolmaflcr ibid. J.J.
To appoint the place where felf murderers
ihail be buried,/ff Selfmwdir f, i j7.
To ma'-c Orders for clearing Commons for
Shzcv, fee Shcej) tj7. i-
May impofe fines for DUtting Rams to flocks
ibid
To order fpinning in their Towns, fee Spm-
*''"'£ p. 141
To make Orders about Swine, fee Svcme
P- M5
to manage the Prudential affairs of theTown
according to infirudiOfls in writing, /fe
Tot^nJJups i^s, 2.
To require Conf^ablesto levy fines on fuch
asTcfufc to ferve as CoDf^ables it; J. s.s
With two Magiftratcs may put Children
forth to fcrvice 1^^, g.
May order and difpofe Conflibles Watchey,
fee Watches {■ (54.
With the Conflable to chufe a Sealer of
Weights and Meafures,/?^ Weights, i^^i
To appoint Meafurers of Corn, Wood or
Board ij6.2
To cut ofFthe Ears of Wolves they pay for
to Indians for the Country, fee lyoivcr,
p. 160;
Treafurers.
To iffue forth Warrants for AfTefsment
ye.hr\^, fee Charges Tubljck 23. y
For levying the fame iHd
To pay to the Coofiable Charges of bringing
Rates ii)^
May difrrein the goods of Conftable or any
other perfon in cafe if. 4.
To Tpsiy loo.l.ver .^nnumto theCol!edge,/ee
Colledgs 30. 2.
To pay charge of Hue and Cry in cafe, fte
Confiahk. jj. 7.
To pay for Viduak and VefTells Imprcffedj
^ fee Council, p. ^^
To pay charge of Elders meet!ngs,when im-
p/oyed by trie Courts Order, fee Ecckf-
(iflkall., p. 4^. /^.
TcJpaythe Secretary for writtings,/fe5ea;-
Piiblick.) p. -^,4
To keep Accounts of all tranfaclions beloii.?-
ing to bis Office, as Debts, Dues 6cc jfs
Treafurcrs i;o. /.
To m.akc no paysieats but byfome Law or
Order, ibid.
His allowance, iji. 4.
To give Account once a year to the General
Court, ibtd.
To provide Weights & meaiures as Scand-
Z.ldSj fceV/'-.t^hts, T0 r.
G Tn
The Ta
To Seal TownSrardards, i^id
To pav the charge of WituefTei in Criminals
Jff Wnnejfes, 159-3
To pay for every Wolfe killed I© s. fee
Wolves y p. ijP
County Treasurer.
To pay for Hue and Cry,m cale, fee Ccti'
ffalle, 3t' 7-
To pay to S elc^ ireft in Towns all Fines of
Delinquent Qiiakc I s, /f^-F/ffl. 4^- s
To give Warrant to the Maifhal to Levy
Fines, P* ^•
TorccciveFincs^of Sclcdmens rcglcd of
the Law litUHorfeSy ^7. 2
To pay for Poor, in cafe, fee Poor, p. /^ 5.
TobechoCen Annually, time when, & man-
ner how, fteTreajurcrs, ijo. 2.
Uo Clerk of Court to be Ti eajurery ihid.
May give Warrant toMaifhalls or Conf^a-
bles to Levy Fines, I51. 4
His Allowance, ibid
To have the fame Power in his place as the
Country Trcafurer, l5'-5|
To return to County Courts the names of
Conftables not clearing their Accompts,
ibtd
To pay twenty fhillings fo every Wolf kil'd
by EngUfh, fee Woins, ibid. s. 3.
Tryalls.
Any Perfon againft wfeom Judgment hath
pad in Civil Actions, may have a new
tiyal on Review, in cafe, I52. I.
PlantifFe & Defendant agreeing, may have
their Cafe tryed by Bench, or Bench and
jury, except, ihid, s. a.
Every Delinqdent hath liberty of a Jury,
ibid. s. 3.
Challenge maybe made againfl Jurors by
Plaintiff or Defendant, if found juft o-
thers to be im panelled Hid
What petfons may have allowance in any
cafe ibid. s. 4.
yagahonda.
BEIng Apprehended how to be proceeded
with f.is2.
Votes.
When perfons tire capable of Voimq^jee
ability ' I. I.
None to Vote to Elc^^tons but Freemen, un
penally Jee £lcdior}! 47 /.
Every perfon colled to Vote io o.nyCoutt,
&Ci may zd occctdiny to hi: own }vigC'
mexit, fee Votes p, 3<3
l^cuters to be taicr in the Negative tb.
Who maypui matters to Vote the Prcfi-
dent refufJng ibid
The Govefnourio have a cafting Vote in
Couttsof AfTiflantsor Generaf Court,the
Prefident &c. in other C.cujtp, fee
Courts jj.6
Vfhrj.
No man to pay above 8, fer Cent, forbear-
ance fo' a Debt, Bills of Exchange excep-
ted P-iJ?
Ufury Contrary to the Law cf God not al-
lowed ibid
W
Vexatious fuits.
How puni£hed,/ee uiHioia
watohing.
WHenConflables Watches fhall begin
and end 1/4.
Who are lyable to Watches tiid
Watches power and duty ibid
Perfons exempt from Watching i55-2.
Weights and Meofuret.
Country Standards to be provided by the
Treafurer /yy.i
A Sealer of Weights and Mcafures to be in
every Town ibid
By whom to be chofen tbid
to be fworn, his Ofhce and power ibid
NegleilofSelc^-men, Conftable cr Sealer
the penalty ibid
No man compellable to receive Corn,
Wood or Boards, but by a fworn mea/ii-
rer ij6. 2,
wharfage
Where it may be taken jj6.i
\ The Rates al lowed for Wharfage ibfd
Wharfage may be taken out of the Goo;^s
in cafe ibid
Penalty of cafiing ac Anchor &c. in Boflon
Cove //7. V
Penalty of tb;owicgDuDg,6cc. into the faid
Cove i&.s.j. Wilis.
The Table,
WilU.
Who may make Wills, Alienations, &c.
fee Ability . p I.
Penalty of Executors not proving Wills in
time, or entring on, or dilpofing Eftates,
feef^n/Is is7i'
Who may take Probate of Wills, and
grant Adminiftration ij8.2.
Wnnejfet.
WitnefTcs and parties concerned to attend
Courts Adjournment, jee AdjotirnmtnU^
Teftimony of Gamcfters good againft others
in cafe, fee (jawejiirs S^- 4-
No man to be put to death without 2 or j
witneffes, /e< F'f /f«fjjr lyS.i
the teftimony of a perfon of 14 years of age
maybe taken out of Court in any Cafe
Civil or Criminal ih.s.2.
in what cafe fuch teftimony fiiall be good
ibid
Such tcftimonies how to be difpofed of by
them that tkke them ib..
Witnefles in Capital cafes to be prefent
WitnefTes fiimmoned to any Court, not
bound to appear in cafe 15 9- 3-
What allowance witneflcs fhall have ibtd
Witnefles in Criminal cafes how paid,
lUd
Delinquents to pay all charges ib\i
Vyolves.
Every peifon Engiifti or Indian killing a
Wolf, to be paid i o.s. by the Treafurec
Encouragement for Indians to kill wolves
\6o. 2.
Every perfon killing a wolf to have ao.s. of
the County, and iO. s. tbe Town where it
waskilld ih.s.i.
VFooi.
The quantity, how to be reckoned by the
Boats /. i^o
A Cord of Wood what ibid
/Vrtificers in Harveft time compellable by
theConftablc to work p. »6i.
Penalty on negleft of Conftable or Work-
men ibi<i
Wrecki of the Sea.
No violence to be offered to the perfon or
goods of fuch as fuffer Sbipwrack, p.i6i
Any Whale call up, to belong to the Coun-
try '^f^
rr^itts.
All Writts and Proccffes to go forth in His
Majcfties Nams p. 16C.
»)?)#)^^^^^^^^^^^^^^^^^^^^ nainnnn^nnhft^hnhnnf>nn^nn
I 3\C I S.
mmmmmmmmm'iw^^'ifmtmn
A
SUPPLEMENT OF
LAWS AND ORDERS
PASSED BETWEEN
MAY 15th, 1672 and FEB. i6tli, 1685-6
]uiiei VetM.
Several haw and Orders made at the
GENERAL COURT.
Holdcn at "Boflon the ^s'^- of oSA^aj/
oJnd T rimed by their Order.
Edward %awfon Seer,
'jVRlES V Z R D I C r
' Hii Court being defirom to prevent all Dijfalisfaniat and Th-
Convcmendes that may arife in the Tryal of Civil cafes in In-
fenour Courts, fometimcs happening by reafon of Difurcement
betrvecn the Bench and lury formerly allowed by Law ;
Do Order nnd Enaft ; That licncerorth in all County Courts, after
that the Bench have ufcd all rcafonablc endeavours for clearing the cafe
to the Jury, by declaring the Law, and comparing the matter of Fafl and ,ol"eTid?rtd'*
Damage proved thcrev.'ith, the Verdict of the Jury finally given, fiiall be not icfufcd.
accepted, and Judgement accordingly Entred : And, in like manner fhall
the proceeding be in the Court of Afliftants, unlcfs upon apparent cor-
ruption or crrour in the Jury giving in their VcrdiO contrary to Law or
Evidence, the party caft fhal! in open Court Attaint the Jury, and give
fufficicnt Bond and Sureties within twelve hours after the Vcrdiift is ac-
cepted, to profccute the faid Jury at the next Court of AfFiflants, in an
A<ftion of Attaint, in which Cafe Execution fhall be refpitcd, and the ?u:T,\(fzniDt-
Clerk of that Court fhal! Summon a lury of nvfHt> /cm*- Able and Di Z"^""-? I'tf"^
fcrcet men chofcn as the Law Directs, to attend the Icrvice or the Court jury in cafe,
where ihe faid Action of Attaint (hall be trycd in the firft place, and if on.
tryall of the caTe, there ftiall be found manifeft Error or Miftakc, the
party Complayning fhall bcRepayed his full damage from the other partv
Sureiyes. No Strong Liq-jors io Workmen.
to the Original Suit and if by the faid jury of twenty foux t|,g,c be found
Bribery^ Confpiracie, or other Con uptjon, in the Jury attainted, they fhal! be
punifhed by I^ine or Jmprijcnmmt , proportionabie to the degree of theij
KpwTrjedf^'^ Offcnce j Antii if cthervvile, the twenty four jurors fiiall acyuit the for-
rper jurors acaifed, tliey fhali be allowed double Cofisfrom the party ac-
cufing , and ihcir Verdi(ft and the juogcment of the fotmer Court fhall
•ftand good, ind execution fhall be I.Tutd forth accordingly; And that
Clauk in the Lav/, allowing the Magiftrates not to Concur with , or re-
fufc the Verdi<ft of the Jury is hereby Repealed.
SVRETIES
I'^Or Explanation of, and Addition io the Law fit. Sureties and goods
Attached, where it is provided thm Sureties as well as Prinapalh fmli
be Refponfible for one month to pay the Debt., iinlefs he or they Surrender the
JPnncipal into the hands vf the Marfliall or Deputy ^ but no way provided m
wher=83ndi the f aid Law how the Suretyes may be ccnifelled thereunto ^
e/cfor'fcitadthf It is therefore Ordered, and hereby Declared, That in fuch Cafe the
cafeio proceed, p^^jy ^^^ Sureties being called and the Bond declared forfeited upon non-
appearance, the Cafe Ihall proceed to hearing, and Judgement at thefanre
Court, as in cafe of the Defendants non- appearance upon Attachmsrnt of
Ixfcutionto Goods: And if the Cafe be found for the Plaintiff, that Judgement be
ifs"eoutagianft granted againft him and his Suretyes, and Execution be Ifiued cut accor-,
uretj/cs dingly, and to be in force againft the Sureties as well ss thePrincipall. for
one month after Judgement given, as the faid Lxjj Intends.
W
i/o firong Ltquor to Workmen.
HeYlAl there have been fundry and frequent complaints preferred
to this Court, of Oppreffwn by Excejfive wages of Worl^ynen uni
JLaboureySy which notwithfianding the endeavours of this Court to redrefs;
fuch oppreffions continue and further incrcafe, by a dangerous Impofition of
fuch pcrfons en thofe they work^and labour for, by demanding an allowance
of Liquors or wine every day over and above their wages^ without which it is
found by too fad experience many refufe to wok^; Now forasmuch as fuch
a practice of drinking hquors and wincy tends much to tk: rooting youno
Law/ ptohibiting -perfons in an evil praOtfe, and by degrees to trayn them up to an nabit oj
Wine or flrong gy^.f. .
LlQuors to work ^-ai-^JJ ,
Bto. it is therefore Ordered by this Court and by the Authority there-
■ of, and be it hereby Enai^cd ■., That if any pcrfon or perfons after th2
publication hereof, (hall give wine or ftrong liquors to any workmen or bdyes
thatv/orkv/ith them, exxept in cafes of necefiity, fhall pay Ui^nty fhiUvA^
iox eveiy inch Offence, ^^, .
litis
c-5
Military^
M\L\TART.
TH'tt Court Uii{iHg into thir fermis Confderaiian the wetght and necrffitf
that lyeth on them , to jcc that all Souldisrs, ( efpcctally at fuch a fra-
(on at this) jhould be fitted w.'th fiTtn?s,and well skilled to ufa them:, y)nd
bKcavfe the welfare of each Miljiary Troof and foot Compdi^.f, both in their
leini provided wth, and kt-ovukdge of ihstr ufe of ^-/mss^ lyeth very mud
in the Clerk, of each Ccmpanyei eartfnll and faithfu'J obfervii(:o;j and execu-
tion of his Offce^ in the feajonahle and due levying of fuch fines as are by Law
eue for defects, the negleCi whereof toe fad expertotce Jhewdh, hath done very
great hurt m many Compnnyes ^ for {revtnting fuch Imoavcvcncies for the
I'l'-turej
This Court doth Order, That what Fines fliali be due according to Law ^°l\^'['^-^^J!'^
from any Sculdicr for defcdt, in cither Armes or Traynings, wiiicli the byt'fcirrk'^of
Clerk or Clerks of the faid Troop or Company (bSA ncj leavic and ga- J^^^X ^;;°^,'
Compj
thcr into his hands, within one Moneth after th; Training day on which manctso- <o
the faid dcfcdl is made, it {hail be in the pov/s? of ths Captain or chief ["^'J^^'l^^,"^
OiUcer of that Troop or Feat Company to fend thi Msrfhal or Gon/lable
with an Execution, and lea vie the faid Fines upon She Eftatc of any fuch
Ckrk or Clerks fo dcfeftivc, un!c& the faid Clerk can make it appear
to the Captain, that l;e or they have been hindred either by iickncf^ or
ihc abfetrce of the perfon dennqoent bfiTg oaj of Town.
And it is further Ordered; Tha? the Clerk or Clerks of every Mili-
tary Troop or Company fhafJ once in fix Mctetiis reader q particular sc-
coant to the Captain or chief Officer, of a' I fuch nnes as arc lea vied by.
the faid Clerk, that the fame may be <^iipofed of for the good of the
Comoany according' to Lew.
THis Ccurt cc>;pdsnng our own ftate as to Fortificatic;), h:v thai <m
forts and Artillery belonging to the Country, both sn this Towr. of Eohon.
Charlscown, Salem and Marble head do need much to re^cu tbc:n^tbr:tthey
may be fit for fernce if God fliould call thereunto-^
Do therefore Orders That each of the Tov/r.s above mentioned fiiall Furtl^r zitnw-
be allowed v.hat they are Rated to the Country-Rate for this r.c::t year, cZ'Zo.^r^^st-
for, and towards the finiHiing and repairing the feveral Forts there, end \fr>'f '^'■'<^}^
that each of their Rates be coniinittcd into the hands or tne Conim:.:ce ^^^-lan
of Mihua in each of the aforcuud Tovvr.s. bv them ff scdiJy to be im-
proved for the ulc abovefaid.
"^^^ Hereas divers Scf.ldiers, who by Lnv Mz coK'.inaiuted fo Cticr.d
Alihtary l:xercifc uvo: Trray.ing dayes i:i the Towns vbere tb:y
live, not having any vifible £ ft ate nhenoti the Cierk of cf the Coni^c::y '/■'■'to
ivhjch they do belong can kavie the fine due ty Ley:, v.'be;: ikcy crc dc-
hmiiifnt erihtv m yiims or Trainings, oo often ncglfie tl^e duty in botbhe-"'^-
in^ Arms and Trainings, and do thccuftn carry it boldly and pVOVOiik^-i^'jl
to the Clerks and other oncers; Fur yrevnition wbcnof
It is Ordered by this Court and ih.p Authority thereof; That u fiir-i;
A 2, . be
Bcol^-dcbts. Burglar):
be in the power of the Comrr.yTion Cfficcrs of each Company, or fuv'i
of them as arc pieient st tlic nest Training day v.Uck (i;;h cffcrceiscoi.''-
miaed, to punilh fuch pftfon oficnding as abov^'fnid, who batij not fatis-
.„„,..,. „w„-^ fied the Ocrk according to Lav;, by any fviilitary puoiihincn: according
irgwith thcir^^^ to the aggravation of rhc CrLme, by citJier Riding the Wooden Koru-,
fi«"Tow "pant-' or by Ei/bccs„ or Jyrng Keck and Bech, or acknowledgement at the
*^-* Head of the Company, or any pxmifhmcit according to iVIiiitajy DiTti-
pljnc, at the E>ifcreficn of the Coinflifficn Officer or Cffcers prefcnt
And ih cafe any fcch Delinqvein fhall abirat himfelf (roia TramiDg fs'o
clayes together, that then it fhaB be in tfac po-vver of the cKcf Cincsis,
and they are hereby enjoyned by "Warrant dircfied to the Confix; bk cf
ihat Town, to convent ft:ch Offender before hitn, and to proceed wfrh.
h'un as in tfiis Order is proviLed, and all CottftabJes are hacby Ordered
to atrcad lieir doty haein;
jSksfc-^cte.
"^J^Jffsrsas iji the Lau/ ?n(tie May '669 j'ef]:p^>^Pffi4-^cMs; If f5 2>>
flared, thai ail BeDltI>£bts pali be cleared vcnhm tbres vsan^ as .s
thma €xprc]fsd, after which time no BackzJDebt ptali be ^leO^Ma m ay.
Court t V^jn a gatsrsl ccrft^Usatt, tba: ibejaid Lave wili pnotc to tbs real
tki/rnent of very insTrf c^ cur hh.^brtcnts, ar.a tie utter urJchg oJJcts if
a ereasr -number cf years be tivi ollomd to fkti up jiccom^s-^
"^^Ifit^Z " ^ "s therefere Ordered, and is hereby Declared ; Thct Ih^tt {hJI be
Ihree y?3is Tttore s<;dcd for the advantsgt of Debtors and Creditor? 13
rffue th«ir Acccmgts, That sfi grcunds of corrpbsnt in tbis khfe msy be
remcveif.
t!t« to Boob-
debts
RVRGLARt.
\?y H^?7?<^ :'5 t}K Lm tit. ^Ttryjay, ft is exprrfcl if orrj perjb.^ faaU
cirrnrr'& l::p<<!rj ly IrcrMuv op^j any liwc'ioig //oajc;
Addition to the It is Grimed b/ i/rl': Cnxnz zvA the Aifihortry tiicreof, as ?3 Addidon
i^« tiu Due ^jj ^j,^^ j^^,^. -ji.^„ -£ ^^ ppyfjjj, jT,3]j bs-eaJj irp gtiy Wars hcufc, Shc-p,
Msil, Malt houfc, "Bam or O'Jt hcufe, ci any Vefld on any Shosr, or in
any Cove, Cree'k, cr upon the Water, frch f.crfon fo offending, fball be
puniftied as the Law -piovidf sin cafe of breaking up iJivelling houf<3.
Lc<?(ft^.
SOS
HIDE S.
°^/y FJereas tbs Lnw tir. LsaCrti- in the latter e?id of the firji SqCc. dotlt
repa-n all ^c-jqks ex^sjt Tannzi, to Bargain for, or buy any :-Ii:!ci "^f(^^l^l^''
ef ^ully Steer , Oxs Covp , &c. being ir,:o;iv:r::tyi: in regard ihcy are nir.iiy
times given in Barter for Shoos, <^c.
The faid Qaufs it uiat Law, by the Authcriry of this Court is here-
by Repealed.
WHtrcas the Laivs already tnade to prevent the Trmfport^tion of the
Htdes of the grovpth of this Colony , do not reach the End, fur TVMit
of a full ar.d due Execution ;
This Court doth therefore AuthcriK and appoint the Frcsmen of every
Seaport Town v;ithin this Jurisdidion- to Chofe a meet and fufucl^nrpsr-
fon from arnongr: thcmrdvcs yearly, to v/Iicn: nil perfons (hall repair who
intend the tranPioriing of any Raw or Rufte Hides, and inaii mak^ proof
whence fuch Hides fo to be tranfpoi ted came, and that they are not of
the growth of, nor killed in this Colony, and fhail take a note from tli2
perfon fo Authorized of the nunnber of Hides that he intends to tranr^att,
paying one penny to the abovefaid perfon for every fuch Hide. Hiafsof ilia
And it is hereby Ordered, That no prrfon (hall (hip or tranfport any countries
Hides whatfcever out of this Jurifdiition, uithout: licenfe from the per- bc°"rfporf'J3
fon fo Authorized, upon penalty of loofing of furh Hides fo fliir;-?d: nor ""pf/***-!"-
flial! any Mailer, Purfer or any other perfon belonging to any Ship oi ps„jitj &&?
Veffcl within this Colony, receire cr. Board any Raw or Ruffe Hides
without a Note or Ticket froni t'nc perfon fo appointed fitil appearing,
upon the penalty of paying ten f.nllings for every Hide fo fliippsd: And
fuch perfon Authorized as abovefaid, fhall have power by himfelf or
whom he fhall appoint, to make fcarch in any Siiip or C^sk, wherciii
they fufpcft any Hides to be Laden contrary to this Order, and fhall
make feizure thereof, and the penalties and forfeitures above-mentioned
fhall be the one third to the fcizcr, one third to the CoL'^rn',. z?A one
third to the Town fi'om w'nence fuch Hides are (hipt.
And it is furrher Ordered, C&: lie re ."ens clicfcf" ?s ciovefsid, fhall
bfc fworn to a faithful difchargc of their duty herein.
Indians i> o r k.
"y^ flerei^.s the hdians that border upon rt:s iKgHpi Tc;v:;: r:::hiu ihis 7u-
rifd:[f:c:i, do frequently fel! To>rjo the Er,gli\ cmi' th:ri is g, curJ
tof'.:fp:U that far.-: of the bidians do (leal a!:d[r!l thl- e.:<fh msnsSv/uic;
fcr I'vCvciUion -ivh-r.-cof -,
This Court doth Order and Enad, Thit s!'. Engliffj ar^nC'i hc;-;.rr'»'t!7
maik their Sv/.ne with fome Ear-mark, or if they nCjIiCj; di f-.;zuty it
A -J ft
ScoUes.
Ordcrlo prt-
vrnt Indians
inens Svi'ine
ftiall be rpckoned as the lofs of locir propriay in 'Them.
And it is further Ordered ;, That no ir.dian within this Jurifdicflicvn
fhall mark any Swme upon the Ears, and that all Jniiians who bniig
Porkunio the EngHfii ro fell, arc recjuired to bring with them the Swires
Ears whole, otherwife, or if the cais be marked, it is m the liberty of
any perfon to fcize upon fudi Pork tendred to fell, and the fame to be
forfeited, the one half to the Scizer^ the other half £0 the poor of the
place Where it is feized, to be diftributed by the Se!e<ri-mcn to them:
And it is further Ordcied; That this Law be forthwith Pnnted, Pub-
lilhed and Declared to all the Indians within this Jurifdidtion in the In-
dian Language, that they may attend the fame j And this Law to take
place and commence eighc iVloncths after publication ftereof.
dine
S C O L T) E S.
Law hitherto efla^
rfons by Exorbi-
Vx J HcYcas there is no exprcji punipsment ( by any I
V hltped ) affixed to the evil fralhft; of fundry ^cr
tatJCV Of the Tongue, m Raiilng and Scolding 5
It IS therefore Ordered; That alJ tuch perfons convicted before any
Court or MagifVratc, thai hath proper cognizance of the czSi, fhall be
Gagged, or fet in a Ducking ftool, and dipt over Head and Ears three
limes in fome convenient placs of frcfh or fah v.'arer, as the Court or
Magiftrate fhall Judge meet.
Whether S fhipping Gccds upon B to jc delivered to R beyond the
Sea, the faid R paying fraight, and the faid B upon his arrival at the Port
htioioHoi^ or a tendrin^ the faid Goods to R, and the faid R rcfufing ro meddle with the
fi'«V''i"'" "* ^^'^ Goods and to pay fraight, whether the faid B can recover nis fraight
for the faid Goods of the faid S, the faid Good being left in a fafe hanci
by good advice by the faid B, or whether tne faid B cu^ht not to have
fensfied himfelf for his fraight out of the faid Goods without mole/ling
the faidS? T!ic Court relolves this Quefiion, that S is not liable to pay
fiai"h: unto B, but B to fatisfie hiTifelf for the fraight out of the Goods.
Whether ai! Tveviews c:e to L? Enrred and Profecuted in that Court
whtre revi^«. Where the Aflion v;'as at firft comrnsnced? The Court rcfolves the Queftion
a«ioi-. ir,.j. on the Affirmative.
Whether tpon an Afiion of Review, tbe Cods of former Courts where
the Aftion hith been nvsd, flull be graawd for whom Judgement is
given !- Tt)z Couit Refolves this on the Negative.
Whether the Lew tit. Pojfcfflws intend the confirmation of Land to the
A\n''!oU^^°^' Po^effdr, where the Gpunt of the faid Land was to another perfon, aiid
give» title, 8(c. the PoHefror notl.ing to fhow for the Alhenation thereof but his FotJefTion
accprding to that La^/. The Court refolves this on the Affirmative.
F / 5\C / •S'.
StTan'as Libert J lojue i£. County CwUt.
mmmkmmmmmmmumm
Several Lotus and Orders made at the
GENERAL COURT.
the 9 th. of OUoher i <s 7 2
As ALSO
Several Laws and Orders made at the
GENERAL COURTS.
Holden at ToHon the 7th of M^ and'-^*^- f>f
OBober, 167 3.
9^fnd printed k> their Order.
Edy^ttrd Tiappfon Sea,
At the Second Sejjioaiof ths General Court Held at Bofton/J/Sth. of
Ofiober, 1072.
7 \: ordered and by the Authority oJ'this Court Enaflcdj Thstall
Strangers cominginto this Country, fhall, and may heacefort/\
have Liberty to 5 .le one another jn any Courts of this Colony,
.,.._^^-™. thathavcpioperCognizanct;ofluchCafes;andthatanyInha- , , ,.j
bitant may be fued by any Strangers who are on Immediate Imploy by Navi- ti^Vo^ueio' "
gallon, Marrincr or Mcrchantjin any of our Courts, thefaid Strangers giv- Coui^W Cou(ts.
iiig in Security to the Clerk of the Wriits to refpond aU eKtraordirary Dama-
ges, the faid Inhabitants fhal! fuftcin, by b^iugfuesioutoi the County to
which hcbelongs; in Cafe the Strange)- (hall not obtetn judgement agasnft
fuch Inhebiran: fo-fued. and the Law Title, :'p£dQ!CourtB is haebyrepea'?*!
ind made void. AcyLaw, Cuftomc os viogttc the Contrary r.otwith-
landing
B I*.
Ma^l^^dk: c:::t Aff'ocicics. Ccurtt Jefeimcny.
7
7 TJ3 Ordered by this Gou'tand Authority thereof ; Thr.tiaa!! Counti^
Onsj^5'^»e 1 v/aztc cbcreisbuc oc; Magifrratc there, any one cf the Alibciaies
MestSwM"" ' t'<a2 Couaty Coar? j.^ynug witii ihe Magiftrate,aay 3<^ by them done, th:-Si
hcnccioith be accoaacec] legally valid,and is hereby ajiowed to all Ictenii asd
Pjrpofcs, as :f done by tivo Magiftratesj and in diole Counties where tbsre
is no MagifscziLC, eay one invcfccd with Magifcracical ?o'. /cir v/hh tvyo
Aflbciarcsjhavc t'.:z Por/ercomaiited to them ro &(\ as any rwo Magiftrater,
as above.
'Y'V I^creasbyfad ex^srkiccc^ It is tco chvlom toallour pcciAacndotSierf,
that tbs fin of Wbofcicvy.iaiidVnckanr.e^sgroi-yi umcr^^pin, r.oixsith-
ffanding dll thi vihlpryt; Lawi mads for the fiuni(!ict}g avJ frpprcfui^^fuch
land Defiling Evili-, ylna rphcreat there ij cfUu^ too jufi ground tofnjpcci a
greater Evil grsmng ',:^ontis J by ihe bold And audactons TnjumpCon oj fontcy
to ercd a Sit^Sf Wbci'c Honfey or Brothel B oafs; for the fioUrijOiing fach
VfkkcdKcfs^ She cncrc.rfij of tvhich Evil, if not timely prevented, moj ler.a to the
Cebaucbi>7£ of mali i:ii.lc: cfj^afons^ana lend to ibe utter ruins of their EHates^
Svul oftd Body.
Ids therefore Oi'dsred by this CourCjand the Authority thereof; That
ifony Perform, Male, or Female, fhall ptcium.sto fet up or, keep any fuch
Houfc, wherein fuch w;cked lufts may be nouafhcd, and V/hcredoiiie com-
ff°8*MfiDd' »^^"'2d, every fuch Baud, U'horc, or vilcPerfon, upon Convi'?::on_of ifuch
OfdLv-tJ pfe- OffcDce or Offencco ■■ fuch Bawd, Wborc, or vile Pccfon, fhrtiibc fevcreiy
ysa. Bauiffy ^,j^;p^ ^^ ^^^ Cart5-tay!c, through the Streets, where 'uch Offeree; or OfFeri-
ces hath been committed, with Thirty Stripes, and ch.eccc to be commuted
to the Hcuic of Corred ion, and by the Mafter ot the faid Houfe to be kept
with hard fare, and hard Libour, by dayiy Tabk, anduidcfcft ot their duty
to be fr-'ereJy v^-hipt every r.jght With Ten Stripes; and once at !e,ilt.'n
every Week, the faid Baud and his Complices in fuch vile and fmiul Courfes
the baud to be their Leader, aad the other twoaod two in hair Frocks and
blew Caps by the Executioner to be fanned to a hand Cart, asrd forced aloag
to draw aShhe filth laid up in the Cair, through the Streets, to the Sea fide
going to the Gallows in Suffc\^ aad in a!! other Counties where the Coltc of
f-ach Shire Sial! appoiat, aod fo i^etarncd to :hc Houfe of CojrefvioDj vo be
alike isep': ■wjtb hard Fare and Labour, acccrditJg C. she Cuftoiuc of the L-loafe
during tiie <Z<x-tZ') pkafciCj tho'e totemaioe.
At a Generd Court for Elections, Held at
"Bo/ion, thcph of Maj, s e i %
Thit! Cwtttakinfiutcfcrmis CoKfidc/<iiton the^reatmcejfifr^^^^^old-
ing the ftcph Ccmodiiiss of mi Ccui-irj^fy; tbs Suhpif aaa j^pfcc-J- cftae
Inbcbit an- ^thereof, ad fki<iiv^gbyei:^srii:iCSthihrii^giufinofMci^'^i f^^»
is a pi'tYicipc! CoTfiodky of ;;iJi Coi:!-iyy ) fcciii ^Q7(-dgn liarts io-tc e-£-::sdi7:g
}re/tidscu}i id ihi Mjcbiii^ci'i ofihii Corny.
It
Mah^ F>j^c^^/Tc?^ /fcrjcs. Sourgcon.
It is theTeforc Orclered ; That whofocvcr, whether Inbabitant ot
ST'^it^t, that u\2.'\ dircftly or 'v^ii'r.zdiV; 'roEi !-enccforth Jjr,-: en Ir.ro (!d r r^n.eito
tfus ^Ti!Hi<::iion, {Vom =ny paits cf J^nrcpr, eoy Malt; e^r^r-h pr.fcn ;;;:;^7;;;^;,^^
ftidll pcy unto ths Tr^ifufer c: tlic Country rh^ Sumrrie of U:: '[■:-::v Per fiom Europe
bii/fce/, for Malt fo laaded, befiucs th^ R^te cf owe pen; ffi^fc.-j::,' former-
ly fmpofed, and the; Col!c(flor fhali fand c'larged with gathering up of
the U\6. Impauj and to rtiturn the 'amc to thi; Trcafurer.
'Herecis all FifljirmcB fettkd Inhabitrjjy are by L'^w exempted fma
raged -^ For ths previnticn^jhercof;
It is Ordered by this Court and the Authority therccfj Thst allFifh-
crmen being Inhabitant:, \vi-,:n they ar^at home (and nc: impiojicd ne-
ceffarily^and fo judged by the ch:ef Officers) Hiali r.tter.d publrck Trayn-
ings, or elfe be finsd fvcpHiKf'jZs the Law dsrcfis for others abfence.
Any Law, Cuftom; cr Ufage to tbe contrary notwithftanding.
TrfiiCourt hdvinf long fine e tncdc (C.Oidcr topeviy.t dania^c do'.H by Hor-
fes , title Coin Cizlcb &:c. Scd. :. Bui ci '^:nalty c„:ux^.d tk/cv.nto.
as an Addition tj tho fnhl Lave ;
This Court dcth Order the- penalty on non obfervance thereof, with
refpedl toHcrfiE, to hs fve fnltings fine for every fuch cSsnce to the
Town v/ztT£ it is Committed, bcfides any damage aecrewing by every Pcn^i'f forHcr-
fuch Horfe orHoifekind fo unfettered or uafhakled 23 in the iai'J LiW cc-^'or^lnd"
is provided. And further that none fhall be permitted to !:■:?[> a Hcifa D3mc3o "done by
or Horfe-kind in the v/ocds or Corr;mcns,but fuch as arc z::~c''j':ci nsz Cc.n- ^^"'^
moncninany fuch To\7n. uiicer the pirilty of tVy-cnty /!.;.'.';V5 txlicih for
evcryfuch oJTcnce^to b^difpofcd of c:the S;!e^m.£a Cr.ill kzrmi.:.
And further, as en e::pl.z^:iticyicj th:lr.te Law rcf-'Mh^g ficKs IJcyfa
riot tc "0 f.^cnthg Cc:;vxo::s v.i-.sirthct lc::c'.ty cf tv/estyiiv.llir.is a tr.cntb^
Til 1*5 Cout doth Declare, thct it i5 to bs uuo.2i^ooi c; Z^ZnVj fiiilSings for
every fuch Ilorfe fcund orrJi]^ Ccmmcns, fo oftin as I12 (hall hz found there.
bcicbrreby Ordered cnd Hz^Cicd, tl-:.n;op:.ron v^Ix'-'c^-vcr, flic'i S;;;ice-
foiih boylc, picl'le, cr fcc!; op 2'Liy£l"jr[-cca for Satc'ntMs juri;c';5l:3n,
but fuch asfiiallbc licc.i/.j t'^creiu;:© by iht CoUnty Co^j', wbc.^ fuch
perfonsnihabif, Cn ic::2!:ycf fcu'iliurc Cktco/, o:7iL-:[rt-/rii2l:!rorfr>cr,
and the other half to the Ccurti y ., And to iii? end, thtre n-:a)/ be ro fraud oc
abufe
'0
Sturggon, Freemen. l^bbofh. FnHi^nT^ooftsws
p? abufc ill iho fiii'd Comodhy, cvcr/ fifdi licenfcd Peffon fhaU brand jTiSt-K
all CasJt wherein is is pac^icd, v;itH the lcr:7S of his Nrjac, aidthsr i ben- b.'
Searchers appron red and Swom tovhw ciiSturgcun ni:--je!-src Q-Am^-7rtt6,
before ft be' fcldj orinkipdepaffcd away ^ who ft?li fet thdrmarfjonfuch
asthcyiinda foviDdand fyijicicJicInsUrfrpcfb, both asto the qujiiiyofthe
Stui^e'or, and Gage of the Ca3.k, and that only fuch fo marked, ss above, fhall
be exported on pi-n.-dty of foifc-iEureof the vyhoie vgiue thereof, for whofe
care and labour the StuigjoB boylero? imparier iliali pay for «he viewing
aid beading thereof after Tl»"f^Sf/Jtff?3i^iJ«i/'?e«f^, p. .Sfo??, for all Kegs
and FirhinSjfrom time to timejand if sivy ftiaiico>jnierfeit,theStui^eonBoyJ6r$
or Packers marke, they, or be^ fhal! dnkix Five Pounds ;o the Co-untry, for
eve?y.fuch dcfe€^ ; And it is referred to ths rcrpeilivt County Comis^ ro li-
cenfcabicandfitPcrfonsto boyleandpie'Je Stcri^corj for Sak, asiiktwife
to appoint S carchsrs So vie* and riisrkc uDQ fcros, as above-fcid.
OUober
>ftb.
7 3-
A
Addition toiM
ta«for ftdmil-
fioo of f'cemim
3* Jin Mdhion io the Law Title Fn-emen. SECT. JII.
It is Ordered by this Court, and the Authority thereof 5 That henceforth,
the Nnmej of fuch as defire to be admitted £0 the Freedosse of this Commoii-
V/cr.ltti,not being Members of Churches in full Communion, ftaii be entred
wath the Secretaiy from tirrje to tirpeat the Court o/f t'*?«OT, and Read
over before tbe \vho!e Court, fcfrstime that Seffionjjand'Ihalinctbsput
to Vote in the Ccurt tilj the Court of EkOien., next folio win£
Addition tothc
tiwofthe$»b.
bath
A
S Jin ^dditicn to the Lun of the S&ibGti% SECT. II.
It is Ordered by this Couft, and the Authority thrreof; BefiJesthePe
nahy upon the P^rfons there offending the p'jbiickHo'jfe {(ccpc;\ wh^re sny
fuch Pcrfonor Pcrfcns arc found fo tranfgrcfiing, ( asm ihi?i'e:d Law jsev
preft ) fhallpay/pe 5Wi^m^itothe Treasury of the Couiny where th* Ci
fence is Committtd.
OtdCrfoT pob-
Sfis.'ngtbe Uws
TT is Ordered by »his Court and the Authority thereof • That all Law?
and Orders of this CcWt-, which cit'th ought fit to be publi/hcd at the end
of every Scflionj, fhalj be forthwith fcntto the Prefs-and alforcadinihe
Market place at ^c/icw; upon the_^i?) day, being a Lc<^uri day within Ten
daycs after the end of fuch ScfTiiJns, which being pcrformfd,, is, andfhallbe
accounted futf.cient publi£Cl5oni3nd further ihsi printed Copyei/hail ht-^ii
perfed, at the difcretion of the Treafurer, ^nd care tp ken for tl.t fame, by .he
S€cretary2jidM3ri?:jlG:ncrala;theL„wmrefj5- fc. -ji
7{j£ulatmr,f Proprtcf.ct. To frevtnt Piracy. Atlourni^ii^fyy^^ ^^
IT is Ordered by thlsCourr, and the Authority thereof; That Tphere^ere
be Tundry Proprietors of Lands lying rogctr:cr,3nd are meiofed by a Fcnte,
although not by Confct:: of Parties, cr bynny prudential aft of Authority iht.rB^I.'t^en
difpofmg the fame into one Common field, the Ma[or part of fuch Propnt- ''"'^°P'<'^tin
ty, may Order and Limit the proportion of Cattle that (hall be put to feed *"'«°'oo»'^i>"^i
thereon ; ot may otherwife be limited and proportioned by the Scled\ men of
the Town or Towns where foch Latids do lye, according to the direction of the
Law Tit. Cattle and Cornfields. SECT. Jl.
THf Court obfertini the wicked and unri^hteoin praflifet of evil men to
Increnfefome Tiratitalfeixjn^ efShtpi^ Keuhes^&ic. with their Coidf^mi
ether s by rifmguf again(l their Comm^ndets, Officers, and im^\ojers,feiz.tng
their Fcjfeit i^iid Goods at Sea, expcftngthtir Perjons tohax.ard, &c. For the
pcvciiUott vfhneof, and that due vttncfs may be born a£ainflfuch sold andnoto-
titus Tranf griffon
ThisCoun dothOrder,& be it hereby Ordered & EnadediThat whatFerfoo,
ot Pcrfons focver,fhall Piratically orFellonioufly fcilcaoyShipor otherVeflel
whither in the Harbour, or on the Sejs, or fhall rife upin Rebellion agaioft o.defic prevent
the Maftcr, Officers, Merchant, or Owners of any fuch Ship, or other Sea ''''"/> *=
Veird and Goods, and difpoyle or difpofTcfs them thereof, and exciudiog the
right Owncr^ or thofebetrufted therewith; every fuch Offender, together
uith all tbeir Compliccs.if found in thisJurirdi(5lion,fhall be apprehended, and
Legally couvidled thereof, (haJl be put to Death ; Provided alwayes,that any
fucn of the faid Company, (who throHgjh fear or force have been deam'd to
Comply in fuch wicked a(ftion); chat fhaii uponthcir firft Arrival in any of oar
Ports or Harbours, by the firft Opportunity, repair to fome Magiftrate, or
ethers in Authorityand make difcovcry of fuch a praflife; fliall not be liable to
the aforefaid f enalty of Death
7 Ti5 hereby Ordered and Declared, That it fhall befawfol for any T<i'^n-n
1 by hislawfo! Attovrry Authonred ucder his Hand ard Scale, and legally o,d<, j^^j;,,^
proved to be his Ad^ and Deed, to Sue in any of our CoMftj, for any right or *"""->«i to . ,io
Interef^ that he may have to any F.ftate of Lands orGoods, or any part there-
of, according to our Law; unlefs the Law upon the hearing tbereof,
fhjil finde juft reafon to demurre upon the validity of the AttouiDi(hip, in
one refpc^, or other,
] T is Oidetfd by this Court, and the Auihctiiy therecf; Thattfae power
' and Tiuft Con muted toall Guardians, isas fail to recover ssdtake all
Eftate in; J their hands , as if the Ctiide or Children tfcemfiles, for
whom they ate Guardians, were at ^ec, and to improve the SKaCc forthe
Ji ^ OiiUc.
«l in Oafe
73 Cci:!Tdims, Shsep, Ses!eTs'of'Zcc^h;^T- Shallop;. Mioa^.
VaiuarioBcf
Eliccp to the
Coanir; aad
Ct>on;; Hates
T
Hit Court ti^ti^ into Ccnfderaucnh, ihet ihepnco vshch Shet^ arc vclL
edaititbs Csmnr^ Jiatc^ h forrc tikvc'Vfha$tkiyarewor^h,£!:JtL::x
voman mi^ hi be difcopr^^ cdfrom k:ping ihoi uj^ul Cu'aiufcfo beo^pttdl krth
fcrfood^and Cloctbing.
It is hereby Qr6stt6 and Declared;, Thst all Sbeip rateable in lAeCocn-
tryRate, of^.'hat kinde foever, Ihall bcvsluedat/ri /"j^ucaip. Score, inall
Country and Cocnty Rates j and ihis Order lo taie pl^ce io ibe;S5.-j^
■Moncibr.£>it.
AS an I%^]a*taiion cf ih Zaw tit f?:t'?; $v.<i Sklr.ij Scti.ihe frjl.
AdaitJohtothB Tbss CouTiDfc'farcSjd-oi by unv/rcvghilenihij^ litclern^erflccdjiiot
LjwTit.SfliisiEe Tjjgje yp Isro Wares, and further jydg? meet tc Dec^aie tt^t ro Leather bdrg
o Lest ef Tanccd Cidl! be fs.itfoihe CurrieritobsdrefTed bcfcr-^ih; Scaler of Lecll.cr
haveviswd, ar,dfet^is Mark iherevtto, tnderfuch Penalty as the Lew pro-
vides ia this Cafe, Title Leather.
tT is Ordered by th:2 Court, and the Aut}l»>n?yt}l^r£of; That if any Per-
penaits fcr talc J fjijjfj'.a!! taliE awsy anv Shallop, Boit, Shiff?,orCannoc5f70jr) sny Vef-
lop.XU svir,j fcl.Whsrfs, or f?o:7i tb? Mo3ring, witbDut K'svE'fronislis Cwnsr or Ma-
Connooj,8ic. ftof tbcreof j' he Ihaii v>d.'j toilic Jaid O^'/ncr or Moflcr, ifit bcCanoo, fv:j
Shillitigs^-i^i. for a Bost; or Skiffe, Ttfi SUHing^, ord if it be a Shsliop Ttytd--
Sb'iHrn^r^s^d fomycb j^.^r I)p)',for evrjy day after ihcfiifl dsy Dcfcininj,
or notVeturning the fn.Tie logf thcr, with what ever Damage the faid Ouner.
orMfifier or thsf£::dC3nnOi;,goate,SkiiTe,or Shallop, fliall fufier thereby in
any &xnd!\ to b: judged b^i ;in^ Mngif^ratf, or Ccinmifrioncr, Authorized
by LawJnHkc Cafes; and further to lire the Patty offending lor his Tref-
pafs to the County, if there be caafe.
Litjtorstoladi-
Ctfc to Wbrp •
Wysreeshy e-K^aience, ma»y pcrjotis thrcush Poverty, mtcbls to pap
' lis pne Ii^pofedi^y iP-rp, en ?k .^n\e of Lfquors to hdtans^ are thereby
U)slsicbj0^i£Tedi Ihai Perfor.
paying the line Irapofedjihel! be p
TranfcffJTing thst LaWj and net
poniflied by Whipping. s« the difcrefion of
■thejudges, end gleatnefsoftlrs Offeree, any Law, Ctiilome, or Uf^.^-
notwiAftasidJnj*.
iTtoRf P^'^tc'i^' ^ao^Va; Wktk;- l'A„eav3j}rcn£ Waters hlon^ifi to
1 cr7r'fak':^«?»tcf ,-">f^a:::r;ri,% a„dI/^[or'edivtotk;U parts lo the Zicrket
lcf'^'^>^'' ^'^pf^'l'-^i^sarf^c'-Jtrntoh; Lae;7i'de]w^oJ:s
Ui^Quz^l02 is 'jcfcl vcd 0? -ihe AfFi.mctivei Provided the faid Coeds
bjivenot ratajmpoft in To^.e of cur Ports already accoidirjg so Lav/
F 1 >I X S.
jidmiroUf.
Top.
33
m^^
•S? »r"*T '^■"~ '-••« -•-> "-^ "!■»• 99* f4? "9^ ♦^ **» i*» *lf» •<S» «*c
ORDERS.
Made at A
GENERAL COURT
held at ^ojlon, fanuarj the •S''-. j <s 7 3.
Jnd Trinted hj their Order,
Edwnrd ^F^yfon Secret,
"^'■^ T is Ordered ly this Court, and ilie Autliority thereof ; j,-,
M ^A ^'^^^ htnccforth all Cafts of Admiralty, Oiall be heard and ■^'''»"^''y.
vijhJV dererminatf-d by the Court of AlTiftants , and to be Iffued '-"J'J^'^'"
^^<^ by the Bench without a Jury; unlefs the Court fhall fee '!7f ^y^^
caiife to the contrary: Provided alwaycs, this Ai\ Hiall not be in- ~fr*I
Jljijlants,
terprcted to Obflru^ the juft Pica cf any Marrintr or Merchant Im-
pleading any Pcrfcn in any other Court, upon any matter or Caufs
thit depends upon Ccntracl, CorcDaot, or other m::!ter of con;moA
tq ury in Manti-ne Affaires, to be llTucd according to the kaown
Lawct of this Colony.
WHirfAs the Pubjrli oecflfons cf the Couf.hy do f>quent!y ri-
(jiiire, that Mijfengers ie fent ?o(i, and (ft yet no Jlated al-
htf.wci u fetled fn f'.!ch (afa^
It M Ordered by this Court and the Authority thereof, That from
henceforth every perfon fo fcnt upon the Publick fcrvice of the Counrry, ^n
fhall be alloucd by the Treafurer, after the Rate of threc-pente per f '^ /
miU , to th: place to the which he is fent in money, 35 full fatisfi- •''"' ""■' '"
fiion for the cxpcrce o'f Horfe and Man ; And no Inholder fh?ll
t.-.kc of any fiich Mefiergef or others Travailing upon Publick fervicc
more thfp. tn-o ihiilmis per hu^el for OaCes, and /tf^r-ff«(C f ^r hny,
<id)' and cijjhr.
FINIS,
QX4
Seue^ral
LAWS end 0 %J) E XS
fLpVfade at the
GENERAL COURT
Holden at Lofton the twenry fe^enth of OAaj
1674
kA nd Trinted hy their Orde/^
Edward %^fon Secret.
BE RE AS in tin Lfvyirifj cf Exiculions, ll,^rr liarr Jail,,, <ii<l
Wvinntj Dilliri(I/t/(s vhwd'ii ihr J 11 'hjr 1,1 en In ollahi':,!. ],,irr l„rn wade Jaijf/r.cnfi
fniMrntc: Fur tlic pri,:c„tion iilin-r,,/; Lrio"'^ ^^
The Court do\h Order and Declare; Where any Execntion TenaVinp goo.^s
^all be T.evyed on aTiy Houfcs, Lands ani GocxJs, and delivered ro tbe ^^t ihcfrown.
Parries foe whom the Jndgtment was granted and the fsid Exeoi ion hoB-ttobcmzac
returned according to Law; if it (hali appear the Pcrfon whofi; Lands, -'^^ '
Goods or Houfes wcreicvyed by Execution, have affirmed, c. delivered, or
tendtcd the faid Goods, Laods or Hoafes as Kis own, which iu rsaliiy
C weis
12" Ckr k^ i:j CcAtn and "^-.fcorders to Is SKorx.
were not his own proper Fflarc, ani in ilie fame conditJon of Eftatc as Kc did
render theni either ru tli£ CfT.cer ct P.-'^rtits for whom the Execution is Icvycd,
fuch pcrlon fo trdeavounng by ("ucb A<r{ior. todducie the Law and defraixl
the Crfditoi, L^iah be Iiifcle tv r^V ^oi'-J^.djiricri'.sto the patty grieved, and
Pay luch fmc astrieCcunty Ctu.-t /}]alifeec2'jrt£oi!iipofe.
And if any Party th.at h^ith obtained ar. EKecucion,fhall acventorc to levy
thelairf uf^^ Lands, B^-ikiOi Goods, ccmnrjnly accoiinted the Houfes
Lands or Goods of the perfon agtinft '■f.'h-jsa tbe judgement was granted, and
coDnty cc.scc the Execution be returned cccojdin^ to Law, ii' u afterwards appear the faid
toitncwtxrcu Houiei, Lands or Goods were not the Hcufes, Lscds or Goods of the faid
rai lies againu whom toe judge rsicnt was gi vcn,tne p arty that was fo mifloketi
jnak'ng the fame to appear to th:- Conrt that granted the Judgeinent, the faid
Cttirt (hall Order a new Execution for the faiisfving of the Judgeicent not-
withftaodiDg the fornier Execution rtturncdi
VV;
' H^reasit'uoj great momnt inth ^dm'tnlfifation oflujlice, that
all matters of Records, fjould bi jatthfuUj Intred andkfptt and as
occaficn i5^nvcnfcrt\r\
T'eiVof Courts Itis Ord^efcd andina^ed by the Anthority of this Court; That from
K-5««n"'' '" henc-fofth the fevera! CleiL.s or Recorders of theFublick Courts of Juftice,
andtiic Recorders of the ftvcral Counties in this Jurisdiction fhali be Sworn
by the Courts to whic>» thej belong, unto the faithful difcharge of their Cf-
fice in all refpefts, and the: the form of the Ooth be as foUowcth :
Tb'ir Oatb.
Whereas jcudA, "B. m'e aji feinted (^ler^of the
Countj Court cf C. You do S^vpear bji rh Everlmng
(jod, that you mil fmthfullj and uf rightly demean
J our f elf in the faid Office :jop:/haUtrulj and fairly
Etiter and %eeord c.ll Ms ^nd judgements of the
faid C^urty and "^bate vcr, jcufiall receive Order
and direHtonfrcm the fdd Ccv.rt to do, jcu Jlall
fifelj and faithfidlj /^cp amf-^refervethefaid'^^
cords, and dclrcer Executions, Vecrees cr Orders
toTerfons concerned as T7i duty Jcu ought, ^ndtrue
Copies cf fuch "Records g,ie forth ishen regularly
called Jo to do, tmd in all things y:p.fl)di kefaithjvi
crnd true to the Court : So lelpjcu (jcd (s c
Tht
Single Women no t to entertain any Lodgers 13
THe Law helving Provided for Holdinc of County Courts^ vsh^-re Magiflrates
arewantm^^ bj fuch -pcrfoni of vyorth f ftiltd AfTociarES ) tii the Freemen
ifjuchCounliiif.i^iu '2'^'>.i'hlte, being allowed aodaiprJntedh the generi:!!
Court-, And thefe ha-DW£ been too great a negUEl of certifying the General
Court, the Naynei of the feffoni fa t\om'inated,fer their tonfrmatson andup^int'
ingfuch ferfcrs the t^f fjoctates for thai County.
This Court doth hereby remit former ncgled^s herein j And do Declare,
ThiX notwithftatiding Aicb Oniiffions, all former A6s of Ct unty Coaris fball
be accounted good and valid : And for time to come, do further Declare and y^nociates or
Order, That in all Counties where Aflcciates arc to be appointed, the picemen courtt sow to
fhail make their Nomination of fucb AfTociates at the fame tinse yearly when th«n't!>'bc""*
they give in their Nominatiors for Magiftratcs, which VotCi for Nomination Swom&c.
of Afloaaies fhallbc carried alfo by the lame CommifHonersof the feveral
Towns, fealed up to the ir Shire meeting, there to be opened, and thofefour
perfoas that fhall 1 ave the moft Votes (hall be cei tificd under the hands of three
of the faid CommifTioners, the Shire CommifTiorci being one, to the
Court of Ele^ion yraWy : Forthcconfirruatwnand Approbation of the faid
Afl"ociates, which being obtained,' the Secretary fball certify the Clerk of the
Couflty Court thereof, who fhalj give notice to luch Affbciatesto apptarat
tbcif next CouDty Court there to take thcii refpe^ive Oaths.
T
Hir Court eccouniing it their Duty by all due means topri vcfit cpfarance
. of fi^ Ood nickcdnefi in any kjnds :
Po order; That henceforth it (hall not be lav/ful for any firgle Woman cr
WifeiD^^a^'^^°^^°^^''HwsbarK), toenteitainor lodge any in-maceor So-
journer with the diflikc of theSeledl menof th^ToWDjOr MagiflratCjOr Com-
mifltonets, who may have cognizance thereof, on pcnalth of /ix/^ pouudiper
v^eeR on ccnviftion thereof before assy Court or Magiftratc, or be corporally
punifhed, not exceeding i.-n firipcs ; And all Conftables 3ro to take cogniZ,ance
hereof forinfoiination in facb cafes.
mMUs&immf.imkmmmmk}.i.ik
F I :^ I s'.
'imTI%'(im%'iWiWi1i^WfiWiM'^'i'i
»7 BofionComw/fioncn. AJiUtla. Dovon^ere.
Several Lam and Orders made at the
SECOO^T) SESSIO:A(j^oftfoe
GENERAL COURT
held at "Bojlon in I^(Jyi} England the
Seventh of OBoher ' ^ ? ^
And printed hy their Order
Ed^mrd 'Rawfon Seer
BOSrOTi^ COMMUSIONERS.
^ T X T 7 ^"^^^ * *^ fetil'fng of the Tower of the Commi (ftoners of 'BoBon is
Cotnmtl/H' \ Y / ConfinedbardytotheTownandncckj linthTModdlcilJland: hu
neripmierto \\/ ftponfeveralConfidiranons though -mat and;
tH^ I, S It is hereby Ordered; Thai their Power be extended to the
^"'""'^ whole Limits of ^q/?oiJ,in Civil and Criminal Cafes, according
jtafi Ltmt . gj the Law provides for rheir afling formerly in the bounded Limilsabove-
faid, notwiihftandinstbefaid Law.
Tojion Comfanyes to he Divided.
"W/ Hctas this Court in the Year iSjzfcr the better fettling ofthetJ^iliiia.
^ J ,. in the fcveral7ovn.i, did Order OKd ErjaB that whit em any 7own nithin
.^^L r'' thij ^urtidiflian^theNuabcr of Souldtcrs rrhofy Lav areto attend conflam
■vide the foot tramings fhall arife to be two hundred men, that ihenfuth Souldien fhalt be di-
^mjanies m ^,^^^ ,/,totwo Comfema, if to tbnt bundr(d,then to be divtdtd tut" tbrte Com-
"/'"'• fanus Skc. Nov forjji,uch as it (ippearsby gccdlnfo'tnatiotj; Tbatmoftof
the Companies whohoa do exceed ti>e aforefatd mmbcr fftptohutidrcd.
This
Devon (hire. 18
This Court doth hereby Declare, that the fo/mcrOrdcr of dividing, ought
to be forthwith Amended, and thar the Major of the Regiment togeiher
With the CommifTion Officers of ca ch Company takefpecdy Order to fee it
pEtformed, and to make Returns thtreof to the next Court oJ'EkCtion.
DEKONSUIRE.
THii Court taki-ti f»to Confidorniion what hath bsm aUtd in fetl'mgof the
Ea^trnfarts.at Kennebeck, and the places adjacent within our i'un; art-
Settkmem
der Government^ according to the Comtn:[fi!»> Orantedhytbif Court in A^Iay of the E a-
lafi^ and that on the defire of the Inhabdanti of thofe places^ are appointed io ^f- Uirnj^arh
the County o/Dcvonfhire, wbicbtbii Court approves of and eonnrms-.
And do tiirihcr Order ard appoint, that the County Court io fome place
thereofjfhall be holden and kept upon the third tucfday in jiiiy yeaiiy, 0"C
I T ii Ordered bv this Court and ^hc Autr.onty Atfeof ; That the Comfs^Ift-
1 oners Court of the County of Devon at the Eali-wardj fea/e powei 10
end, hear, and determine all Civil A<3«on5 ari&)g wuhiiithaKxiuuy sojhe
val ue of tan pounds^ any LAW U S A G £ Or (J U ii I 0 iVt Jt £0 the can-
♦.rary notwitbfttfuding.
FINIS
Bookr-Debts^ SheepslVoo I
'9
Several
LAWS ^ 0\pE1{S
Made at the
GENERAL COURT
Holden at "Bo/lon the tr»elfth of May
I <s 7 f .
Jnd TrmteU bj their Order,
Sdrvard %avpfon. Seen.
BOO K.D E S T S.
N t^f.fvier to the Petition of [nieral Infiabitants c/
Bcfton- as (flfo cf other Towns in this Colonv j
This Court judgeih it meet to Declare and Ordei, J**;^.'**^* ,.
That the Law Reftrainmg of Book Debts Ihillbe, and dcb^ ieV'°nVd
hereby is lengthened for two years more from this time, '"'*"■''"'•
any tbiog in that Law notwithftanding.
SHEEP S-}V O 0 L.
IT is Ordtred by thisCoart and the Autboricy thereof; That henceforth „,.,..
it uiall not bo lawful tor anp pcrfon or perions woatJcevcr, directly orin- shecps-uouJ
diTcf\!y to export any Shccps wool out of this Jurisdiction by Sea to any
Foneign parts, on penalty of forfeiting all fuch quantities, or parcels of
Wooll, that fliall be taken aboard any Ship or other Vefltl with intent to
tranfpoitthe fanie; the one half to ihc Informer, and the other half to
the pubIici<TreafL-ry.
And that no Maftct of any Ship or other Vcfic! Hull receive any Sheeps- ^''cpeasu^
wool abo.nd his Ship or VciTcl to be tranTportcd, oa pennUy of forfeiting
the full value or worth thereof: And ti:c Select men of evc.y Sta-porc
Town ate hereby required to choofe in each Town one meet {/Ctfon An-
•dually to infpt^ this matter and execute this Otiier.
Ci RACCOON
2 0 Raccoon Furt. Marfyals. executions: Return of Attachments.
vv
RACCOON TVRRS.
' Hfrcas this Court is Informed of the ufrfuUnefs of T^accncn furrs
for mak,an^ a good fort ef Battr^ for the fupfi'y cf the Country ;
It is iherefort Ordered and Enafled by this Court and the Autbori'y
-Raccoon Terrs thereof, that from and after three month after the Publicarion hereo/
ported on pciui "0 Raccoon fufs Of skions (haJl be Sbipt for exportation out of this Ju-
V- risdid^ion upon the penalty of ths forfeiture thereof, the one balfe to
the Informer, the other h alf to the Country, And to tbe end that this Law
may be duely exwiuted; It is Ordered ; That fuch perfons as are Appoint-
ed to exeaitcth€ Law prohibiting the traofportalion of Sbceps-wooll Ihall
in lii£e manoei execute This Order.
IT is Ordered by this Court aod Authority fisreof ; That it Chall not
henceforth be in the power of any Marlhal to make, coniiiiare or 3p-
ri!&e aD^uly" point ^ny Deputy in his place or ftead to fcrve Attachments, or levy Execu-
tions where tbe faid Deputy is perfonally related or concerned; Nor fhall it
be lawful for any Conftdble to make a Deputy to ferve Attachments or
levy ExccutScsbsinany cafe; Any Law, Cuftoiiie or Ufage to the contrary
tiotwitWlanding.
FOr the better DireOh^and Rf £»(«*"»? of all Chrks, Secret ari(S, MM'
Ptalsand Connabks ,f>>'' "/''foce to the Granttn^ and Serving of Execui-
cilm SeVr«» It is hereby Ordered and Enaftcd by this Conrt; Tiiat all -Executions
ry ana Marrhiis {h 11 br made according to the words of the Judgeincnf, without Additicn
ons"&cf """"' o'' Subftradion ; and that the Officer thatgrants the fame keep upon Record
thcPay,Monthaad Year when it was granted: And that all MarfhaJs ano
Conftables take care to feetbeir return Recorded, tind in cafe of Houfts or
Lands taken upon Execution, ircoocer'ncth the perfon or perfons to whom
they are delivered, to fee it duely Recorded, which being done, lhal) be a
legal Afiurance of fuch Houfes and Lands to Him and his Heirs for ever.
W Here as tie Afa'pials Oath requires them to make Peturn of fuch Attach'
tnems as they ferve to the Courts 'o rrhicb they are returnahk vehich in ma-
ty cafes is very charge ahle end trouhlefome :
M;tft>is Dire- It is therefore Ordcrcd ; Thar henceforth Marfiialls and Conftables fhall
rt,on3 '° "'■^^^ be obliged only to make their rr turn upon the back fide of the Attachment,
msnci. and the fame deliver ic tbc Plaintiff, or bis order fealed up when demanded,
giving firft a Copy thereof to the Defendant, if he defiresit, and that no
Ma (ha! or ConftablcfhslI be bound to ferve any Attachment till they have
teir Fees paid them, which the Law allows; any LAW USA GEor
C "Q S V O M E to the CoDtrary notwithftanding: And the afc refaid Claufe
in the MarfhalsOath, relating to the Return of Attachments to tbc Court
is hereby repealed andidedired difobhging.
WhiTM:
>ire Courts. i\
C»n^iaiZ?j t>mitms. Kowa<am of Militar) OffUen.. Dfimfin
W Here as tho Law reqaim^ Ccnjfabhs to havi> "Black, ffavef, infartn
them to take theiyfaidjiaff' with them, when th^ are m Execurion of
an) fart cf their Ofics, which mfoync cafes p-oves iveonvctiicnt bj ^hiig o^
fcftuMtyto Ddhqucnisto efcafe: Far prevention whereof , and as an Exfa-
nation of the faid Law :
It is hereby Declared •, That it is intended that CooAablcs adling from
their own Aathority, and by vertuc of the duty of their Place and Office conduUes dire-
fliallthenalwayes take with them their Black-ftaves in the Execution of fbdroltes'
their office : ButwhentheyihaU adby vertue of warrant to them dirfifted
from Authority, they ftall then be atlibertj whether to carry their black
ftafF, or not.
'\7T7-^£'"«<3^ tie allomng and Appsinttrt^ cfaU ComtniffioH, military Offtcin
* V iw this Jurifdiffoti, hclongj properly and only to this Court by laai and,
t^ found hothfeaceful and fattsfaSlory and inafmuch as this Court may not
bi' acijuainted mtb many ufeful and fit perfoKs for that Service.
It IS iherfore hereby Ordered; That henceforth itfhall, and may be lawful Way for nomi.
for the Committee of Mihtia,inthe fcvcral Towns where there fhall be need J^'offi/",''"*'
to prefent tfie names of two or three meet perfons in their Towns for fuch
fervice and Office to this Court for their approbation, or otheiwife as
theyOiail fee Caufe, c^c.
IN regard of the remotenefr of the County of Devonfhirc, /!vd thire Icing
y.o Magiftrati near thofe parti whereby it is matter of difficulty to have
X he County Court there k^s[;t by one of our Mcinjlrate according to the Law. », , , j ^
It is therefore hereby Ordered ; That hereafter it fhall, and nnaybe lawful whlm'thecoufis
for the County Court of 'Devon^irs from time to time to be keptbyfuch '"^ JiJ, • ^ i^'io
Gentlemen as fhall be by this Court annually CommiffioQatedto that Ser- be kept
vice, &c,
¥ Or Explanationof the Ldxp Title Military : Sefl. 9. /» exemption of
Maflcrs of Ships and other VeJJels abo-vt twenty Turn from Training :
It ishereby Declared-, That it is only intended in that Order, the exem- Mafiersof.ves
ption of fuch Mafters as Trade and PalTeto Forreign parts, and not of thofe cept'° ^'"^'^
whofe imploy oftheir Veffelsis inthefc parts, and nt;ar where they livenpoa
thefe Coafts,
F I :h(i ^ ^'
Ssveral
LAWS AND ORDERS
fSMacle at the SESSIOH.S of the
GENERAL COURT
Held at "Boston the lith of OUoher i (J 7 5.
Asalfo at the SESSIOH^Sof QOVRT
held at ^ojlon, the ^d, of J\(j)vemh,
And Trimed hy their Order ^
Edvfard '^^forj Seer,
Trinted by Samuel ^reen, \ 6 y $,
InSarts pTotilnted being to 3ojion.
2D
Several
LAWS (3^ 0%J)EXS
Made atthe SESSIONS of the
GENERAL COUR T
Heldat^o^oMthcijt^ o^ Odober 167 ^. Asalfoatihe SESSI ONS
ofCouri bcldatlEo/Joathe 7<i of A/bvcmfc^p 1675,
AndTrimedhy their Order,
Edmrd\avpfon Seer.
Indians Probibiied being in Bofion.
WJtiefeaiiictmthnandui^ the CO V T^CII S former Prohiki-
Uoft of all Indiant coming tojDr rttnaini',:g in the Town cf Boflon^
jre finds that SUU there rsmains ^romd of Fear, thai unltfs
more sfeSual Caie betaken, we may he expofsd to m!fcb:efi>j>
Jme of that Barkvous CreWy or a«y Strangers not of our Nation bj their com-
fit^ into^ or Tifiding h the Tc fr» cf Bofion ;
This Coart doth therefore Order and Declare ,-
Firfl, TfiatfromcheFebUcationhereof ,nop£rfoa or perfonswhatevc'' courts p«cl-.
in'the ftid Town, fi.all upon any pretence whatfocver, Entertain, Owno'"."'"'°''f^°'''^»-
Counrcrancc any Indian, under tbc Penalty ofbeing a Betrayer of this Go' 'w Boflon?"° ''*
Secondly^ That there be a Guard appoiotcdat the end ofthefaid Town
towards 7{pxbtiry, to hinder the coming in cf any Indian, until Applica-
tion be firft made to the Gc/crnourjCrCoancil if fitting, and then to be
admitted with a Guard of tv«o Mufqcctccrs, and to be remanded beck
with the fame Guard, not to be fuffercd :o lodge in Tow;n, unlefsin Pri-
fon : Provided , that if eny /ndian or Indians that fhgll be imployed
upon any publicic mcfTjge or bufin^fs (hall comt ap to the faid Gf^rd,
Ihey (hall fonh w»lh be conveyed to dieGovcrnour or CouDcil,& be by him
^3, or
io Troopeii erreS Tlk^rtun to jurmlh VfUb me^n ^i^i.
or fhem difpo/Vd of, ■^'^^\ frruTed dormg fhpir nereffory ft:y for thcdiCpafch
of their tufint/s, and then to beconveyt'dE'. abovifaid.
Thirdly^ Thfar it {h?n b^ hs-yfuS for Sny perlon finding any l?Ji'/^»> in
Tov/n withotrt fsjd Guard, to .Appr«^efld and Sicure hirn.
Fourthiyj That Care be taken by the JVJnttarv' Wnchsopicventony
from coming by Wafer to she faidTown, eithst i'tom TfarthEJivr or J?<:a-
bury J^eck in Ceftooe?, or othc^Wile^ a nd thai there be fpecial Gate taken
of places where /imunitioA js kept,
P'fihly, That Order be givef\ ro Cfctjr/rtownrcrry not to Laod any In-
dian at theiaid Towd without Order fxom the Covemoui, and thentobe
frarikd wirh two Mufqueteeis;
SixlHjf^ That it fh&li be lawful for any pcrfon, vpon ^ry Miam ap-
proaching the faid Tov/a, eifh»:f by yj&UioTlmd, without a Guard, as
abovelaid to Appre&rnd and fccure him.
. Seventhly^ That Accoant b^ teken of all Strangers, who are not his Ma-
jefties Subjedl^, and that they remain not m Town, u-Uefs Security be given
for their Fidelity : And tfcat nooe be admitted but upon the like Security;
And that no Mafterof any VdM bring in any without acquainting the
Goveinourtherewtth and prcfeniing their PcTions in order to their £ya-
ccjraauonj who if upon their Examinatlcn can give no good Accountof
their bufinefs, and Security for their Good Behaviour, (haiibefentto Pti-
/oDjbolefstbc;! do forthwith depart.
EiohtMy., That it fnzW not be lawfuJ for 2ny Inbabitort, from the De-
claration hereof, to Enfenairi any Stratiger in hisHoofe, or for time to
come, till thi? Order be reverfcd, v/ithout leave granted by Auihorifv,uo*
on the penalty of any Fme Amboriry fhail tccmeetto impofe , Andthe
Commiffioners, and the Self^t Men, and Captains o> JBojlcn are Ordered
and Required Ttfpectively to have a iptcial Care thai this Order in the ft;-
vera] parts thereof be diiely obf^rved and attended.
« T-w 7 Hereasit'tsfourdhy £xperienc<;thatTronpen anctTlk^emenareaf
V V littie u^e in f/yc Prfji'rt wan witA the Irdiani-, nofpfor the Improve-
ment efthem to mere or ^iftJt'i- <iy4d^>oraagt ;
Ft IS Ordered byVois Court and the Aaihcrify thereof^ Th::r allTroop-
i»v/ r«iuiring cts fhsll forchwiih fumifh themfcivcs with Carbines end Amuniuon pro-
Tjoapcri toru,-- p^ .jop^ble, and alio be liableto be Imnteflfd by the Committee of Militia
withcarbines. in thc Tovtos wberc thcy livc to fcrv/c as foot Sonldiersdunngtht laidwarr;
,„f Provided alwaycs ch« one fourth part ol the Troopers m eacti Town be re-
Tr^prrnhDie fervcd forthe lift of the Country asf'uch. And all Pikemeo are h-re by fc-
iop«rsmtw Quired torthv/ith to furn'fb thein/clves with Fire Arms, and iuch 3 quan-
tit\ of Aniuniiionfroin time tc furit asthe L?.w rpqmres Mulkeuers ro be
Piijementofur. » rpjfl,ea With, an? LAW, IJ SAG E or C U- STO ML to the con-
urith Fifc Ai-nis, ^sry nQtWithftandirig. ^ . ,
tA thot*jand
A thousand Fire i/!rms to he font for.
W^'^'
teas the £nat nscefny of <ifpe(-{yfupply of Fire iArms^ AfusketS
and Carhnciis tov apparent t» this ttme of tvar with the Indiana;
It 15 Ordered by this Cocrtj that a Thoufand Fire Arms be accordingly
procured vyjth all convenient expedition for the ufe of the Country, Pay- a thour^ndrira
mfnt whereof ro be made out of the publick Treafurv to ^uch Merchants (otT^° ^ "
as are agreed v-ith for their procuring thereof by the Committee appointed
bv this Court forthat end. And ^hat the feid Armsrtiall be proportiona-
bly diflnbuted to the fevcral Towns ofthe Colony : Aid the Selecft Men of
the refpedive Towns are hereby enabled to raifc Moneys to maJ^e pay- ^"on t fir tLm''
ment to the Treafuret fortheir feveral Proportions,
Committees of Militia's Fotver to ^arifon Townr,
IT IS Ordei^eL^ by this Court, That theCommittCfScf Mi/itia's;n the fe-
vcral Towns throughout this Juri6dic!^ion,the7,or the major part of them, power of com-
the chief Military Officer of the Town bejnaprefent.Chall fettle and difpofe ™'"^es of wiii-
the fevcral Inhabitants of their reiptttivc Towns into lucb a poftureas fe- the TowPsSc.r
veral Exjgenes appearing call for, and that itrto oneormore Garifons. All PJ^^""' '"**''"
persons in the feveral Towns u pon penalty of /j'^e i^iUifgs u&t day-, being
hereby obliged to laboarin, and provide fuch Fortification or Fortifications
as they tlull agree upon ; And all the Inbsbirantsto attend their places in
fuch Fornfication or Garri/on as they a/e appointed unto, andincafeof
AUfTior Jnvafion, to appear at and for the defence of fuch places as by the
Commitree they are appointed onto: and no Inhabitant, or Souldier to
leave his Sr^rion upon any imploy whatfoever, but according to Order frotr
the chief Officer.
1. And that the fevcralfmall Frontier Townswhich are judged not able
oftheml'elvestobearthe diftrtfsof the War, fh all have their Women and
Children ^except fopiany as are necefiary to abide) removed unto the a? xt
Inland Towns, and be there improved for the beft Advantage, and leaft
charge,until further Order be taken, and Souldiers added to thefaid Towns
forGarrifonasfhall be ludgednccelTary by this Court, or Council of the
Common-wealthjthe fa d feveral Towns providing them with Vi(^ual du-
ring their abode
G 7 Tlijt
28 Fire tArmf u> te f '/it for. To Garifon TcKnu
omraiitee^pow 3- That thc fflid fevcrSl Committees flfc hereby Ordered partiea atly to
«r ,oia{fe& infpe^ »fee federal f^otks of Amufittion and Arm? in thrirl^vcralTowns^
T»TnaV»stock andtbcfdme to Alter, Augment an d Difpofe as {he^i judge meet.
B"^' ' And the Connnitteesof Militia inthefcveral Towns are hereby Autho-
<rommitte«»of rizcd to AfTefs upou allfuch petfoiwof Eftate -withiD their Towns (asaicby
MiiitiaSpowti the County Courts or Committees of Militia exctnpted from ordinary
BcM*)'<«'^'5. Trainings) fo many Fire Aims, Mujkets or Carbines, with a proportiona-
ble flock of Powder and Atnunition, as thefaid Committees rcfpcftively
(hall appoint, to be alwsyes kept in thcirbands,tO be in a readincfs forths
Countries fervicc, under the like penalties as the Law provides for the Fur-
niture of every private Souldier; and fuch Aims from time to tims ar? to be
furveyed and viewed by the Clerks of the Train'd Bands in the feveral
Towns, who fhali upon any dcfe<fllevy the fame Fines that the Law pro-
vides for particuJarCompanies: And all fach pc/Jons as fhall be AfTcffed, and
fliall accordingly provide three Fire Arms, fhall be freed from being feet
abroad to the Wars, except in extream and uimoft neceflity.
T roofers top^'%atei.
'\I\T HireHS TrCtl^erSare exempteiJ/mm prjywr/ JTrnrJ-mopri/ anri Vafos
for tWtr Hoffts.
This Court j\Jdgcth it meet to reftrcin that Privikdge during this prefcnt
E'^efof't h° ,r^^ W ar ; And do Order that Troopers pay in thct Cafe as others do ( provided
He^''6(Horfcs.Troopers have their Priviiedgc for one Rate in the Year ) And likewife the
Caftle Souldiers pay thctr Head-money as other men •, Any LAW USAGE
ofCUSTOMEtothe contrary notwithftanding.
Lj^IVS
LAWS & ORDINANCES oFWA RRE. *«)
LAWS <(^ OIR^IJ^ATSC^ES
0 F WA 7{T{E,
Tai'dbj the Cjeneral Court of the Maffachufets,
for the bettsr T\eguhting their Forces and
keeping their Soaldiers to their Vuty, and to
prevent Trofhanencfs, that Iniqmtj may he
l{ej)t oat of the CAMF.
Et no tPv^An^rcfiny,: to hl.ifphernc the
Holy cir "Ble/fcdTn'nitj, (jod the Fa^
tbcr, (fed the Son, (^ Cjod the Holy
Chof- .- ii^wu^MTi ro pave his Fongue hredmtb^^
hot Feu.
2. VnU\rfulOathes(s' Execrations, ^ Scan-
dalous Acts in Verogation of Cods Honour , /hall
be puni/hedmth lofs of Tay\ and other Fumfh^
ment at Dfcretion.
3 All thofc ivho often 6" wilftdly dfcnt them-
f elves from thepabHc^JFor/Jvp of god er Fray-
er, ft)all he proceeded againJlatTDifcretion.
4- JFhofocver Jhall be Conviilcd to do his Vuty
negligently CT carelejly, fl:allbc punijjjedat Vif-
cretion.
T. ^0 A4an f>all prefame to Quarrel mth
hisSuperiour Officers, nfonpainofCajJnerin^^^^
Arbitrary Futulhmcnt : nor to fiyi{e any %ch
upon pain cf Death.
H 6.Xo
3^ LAWS & ORDINANCES of WAR.
6. ^K^o Commander or Souldier /ball depart
from Im Charge or Caftain vp'ithout Licence upon
pamofDeath.
/. Every private SouUier upon pain oflm^
frifonmentjhalll{eepfilencc yi>hen the Army is to
tn\e Lodging, or jt>hen it is Marching or in "Batta^
lio.fo as the Officer 5 may be heard and their Qom^
mands executed.
8. ^ot!Man/hallrefi^i,drayi>, lift, orof^
fer to dra-w or lift his Weapon againjl his Officer,
( correBinghim orderly ) for his defence, upon
pain ofT>eath.
9 . ^0 tIMan /hall refiH the Trovofi Mar^
/hal, or. any other Officer in the executing of his
Office upon pain ofDeaib.
10. J\^ 0 Man jh all utter any r0ords ofSedi^
tion or t!PVftftiny upon pain of Death.
n. They that fijall hear Mutanous Speeches,
ir not acquaint their Commanders ypith them,
/hall be puni/hed with fome grievous Tuni/hment.
12. T)runk^nnefsinan OffcerfI)all be puni^
/hedvcithlofs of place, and in a private Souldier
mthfuch Tuni/hment as a Court <l5\4 ar/hal /hall
tbinkjit.
Z3. T^pes, 1{avi/hments, Unnatural Jbufer.
and Adultery fioall be pumfioedvpith Death.
14. Fornication (^ other diffolute Lafctvl-
ou/nefs /hall be puni/hed wth Dtfcretion accord^
'mg to the cjuality of the 0 fence.
15 Theft, ^bberyj/()aH bepuni/hcdmth re^
ftttution, and othent>ife at Difcretion.
LA WS & ORDINaHCES of WAR. ji
10 . .JMurder [hail be Expiated with the
T>eathof the Murderer.
ij.^All Souldicrs coming to their Colours to
IVatchj 0) to be Exerafed, or to Service^ /hall
come'compleatiji Armed, and them fixt upon pain
of pumfhment.
1%. If any fh all negligently lofe, or fnfully
play a\ray their Arms at Vice or Cards, or other ^
yvajeSytDcy jhall bek^pt as Tioneers or Scavm^
gers nil they furntfl) thmfekes vpith as good
Arms.
t'). ^one jJi all pre fume to f poll, fell or carry
itivayauy Anmnition committed unto him upon pain
of Veath,
%o. JSj) Souldier [hall out-flay his Tafs
mthout a Certificate of the Occafion, under the
hand of a t!>\4agisirate, upon pain ofiofing his
Tay.
'By grievous Tunifhment IS meant 'Difgracin^
ty CafJncring, the Strappado ^ Grinding the H^ood-
en Horfe to fetch ^lood.
Arbitrary Pumfhment, or Tunifhment at
T>ifcretion, is meant, not to extend to ha^^ard
Life or Limbe,
H 2 Gwidf
31 gnatdtO- GarlfonSouldtm. TofecuretkCumtrytyiiniS.
Guardi ir Carifcn SouUien
FO R the kUit Re^u]atfH£jbofe Souldiersthat an app'.nted to (fiiayi
or Carifon anyf articular Town or flace;
U is Ordered by this Court; That they fhal! be under the command
Ordcrtftfe?^- and difpofe of ehe chief Military Officer on tbeplace for thfirimprovc-
GjrifonSoaidi- ment; whether as Scouts, Warding, Watching, Fortifying of Gariloti
*'» places, or removing and taking away that which may .iiHjangcr the peace
andfafety of the people m the places, excepting only v.-^e the Majorof
the Regiment to which thr;.' bcSongj theCcuncilor General Courc fhall
otherwife Appoint and Oiuci,
Tofccurethe Country Jims.
\^ Hereat divers perfons have been ImpreJJei for the Ssrvke of the
Country, rvhorvantSMj i^irms^ have hen fuppU^d and fumifhed tviih
the ^rms and ^mundionaf other hihabiimts by Order oftht Committees
of Militia of the feveral Towns., to the end thai tine jaict j^rmt may be due'
ly returned to the "iiht Owners ., and the Country mi£b^ not be undnely
charged ;
It is hereby Ordered j That the Commiflioners for the War fhallnot
?he co'untrl"? 9^^^ ^"V Dcbentcf upon the fingle Certificate of hisC jptain for the time of
Aims. the Service of any fuch SouWier that hath not been flainin the War, with-
cut a Certificate from the Committee of Militia of that Town whence
fuch Sculdier was Prefled, that cither he went one with his own Arms, or
hath returned jo the righi Owner !he Arms which he was fatniilied with.
Tfovo\iirtg Evils.
XTiTHereas the Mosi V/ifc and Holy God for fever al Yean pa/}, hath
Tiot or.ly warned us by his Word, but chajViTjiid us with his l(j>'ls^ I«-
pCiing upon «/ many general ( though hffei') 'pidgt^r/tents j Bi-.t we hu'vc nei-
ther heard the Word nor Rod ns we ought, fo as to be ■^ffeSluaiiy hrsmbkdfor
our fins to repent cfthem^ reform and am'-vid our woyyes: Hence it ft the
Righteous God' hnth heightned our €alamHy^n»d givtnCommi(fiontothc
Bc.rbdroui Heathen tortfeUp (igoind us, (ind to become c f mart Mod, and
feverc Scourge to us, in Biirnir.g and Dep:>pv.lntmg fever al hopeful F I ant a-
trW,^ Murdering many of ourl'eopk of rAlforu, and fecming as it were to
cajtusoff, find putting unrj fham'J, :.^:c' not gomg forth wfih our jirmiet,
hereby fpeaking cloud to m io p.arch a^dSry our wayes and turn again unto
the Lord out Cod from v;hom we h3vc departed with a great 'Bf.ckjlidmg^
I The
SS3
1. The Court apprehending thc?re \t too great a neglffl of Discipline
in the Chufcbcs, and efpecially rcfpe(fHng thofe shat are their CbiWren,
thfoughthe non-acknowledgcmcnt of them accordingto tlie Ofderofthe
Gofpcl, in watching over them, as well as Catechiiing of them, inquinng l"l^ cuw'h
into ehdr S^ivAxii\ SratcSjibat bfing brought to take hold of the Covenant, acm^^t^ii-iio
tbey may acknowledge and be acknowledged according to tbcir Re- '""^
lations to God and to hij Church, and their Obligations to be the Lordj}
and to approve themfelvesfo tote by afuitabieProfeflion &Convcifaticn.
And do therefore folemnly recommend it linro the refpeftive Eld«rs and
Brethren of the fcvetal Churches throughout this ]uvi5didion,to take ef-
fe(f\ual Courfe for Refotmation herein.
1 Whereat there is tnanifeft Pride openly appearing among ft us in that Comu senre o?
lo-ig Hair liks Wimens Hair is worn by fame meriy either their oww, er others oi\l<\^ Hsir
Hair niade into Tcrtvfigs : j^nd by forric Women wearing Borders of Ha/r^ Periwigs, &c
<md their Cuttings Curlmg, attd Immodefi laying out ihnr Hair^ which pra-
ffice doth prevail and tnereafe efpecially amongH the younger fort.
This Court doth Declare againit this ill cuftome ns OfFenfive to them,
and divers fober Chriftians amongft ax, and therefore do hereby exhort and
advifcall perf ons toufc moderationinthisrefped?; And further do impower
all Grand juTicsto prcfcnt to the County Court fuch Perfons, whether
Male, or Female, whom they ihaU judge to exceed in the Premifes ; and
the County Court are hereby Authorized to proceed againft fuch Delm-
qucnts either by Admonition, Fine, or Corrct^ion, according to thctt good
difctctioa.
?. NotWLthflanding the wholfome Laws alrerady made by this Court,
for reftrein:ng Excefsin Apparrei, yet through Corruption in many, and
neglecfl o due Execution of thofc Law?, the evil of pride in A pparrel, both
for Cottlinefs in the poorer fort, and vain, newftrange Fafliionsboth in
poor and ricft, with naked Breafts and Arm;, orasit were pinnioned with
I'le Addition of Superfluous Ribbons, both on Hair and Apparrei, for Re-
card's whereof; It is Ordered by this Court, that the County Courts from
t»metotim« do give flriifl Charge io prefent all fuch perfons gstbey fhall f"'"*'^ '"'P-
}udg^etoe'«:ced in that kinde, and if ihe Grand-Jnry Chall negleft their ^"" '
duty herein, the County Courts Hiali (mpofc a Fine upon them at their dif-
orction.
And it ii further Ordered, that the County Court, (ingle Magiftrate,
Comminioners Court in BofloriyhavQ hereby power to Summon all fuch pet-
fonsfo offending before them, and (or the firK offence co admoni(h them,
and for each offence of that kinde afterwards to Impofca Fineof Tf« Shtl-
Jji^iupon them, or if unable to pay, roinflidfuch puni^mcotas fhail be
bytherathonghtmoft fuitablc iothc Nature of the ofFi.v:c, and the fame
Judges above named are hereby [mpowred to Judge of, and Execute :hc
laws already Exrai.c againft fuch Excofs,
I 4- fVkereas
3* Trovo-kitt^ £vtU.
4. Whtreai ii wa)\>t fcund atyimifi ut^ dai MtntTbrejvoUs are fetup
h '^odf Thrrfholds, and MdnrTo/nbefidei (jods Fc/lt, especially in thecpen
tnttttng of ^ct\cr:^ -nhofe 'Damnable hcrejia^ tyihcninahie Idolatries, are
hereby Promoted, Embraced and PraDtfed tothc Sc^ndahf Rehgtan, Hazard
of Souh, and ProvocaUon of Di)i»e ^ealoufts a^airji his Teopk^Fcr Pre-
%'entson a>id T^eformation whereof:
it IS Ordered by this Court &nd the Authority tbcrcof ; That every
Perfon found at a Quahcrs Meeting (hall be apprehended Ex Officio by
the Conftablf , and by Warrant from a Magi(\tecc or CommifTioncr, (hall
be c^rrmittcd to the houfe of Corrr (Tlion, and there to have the Dilciplinc
of the Houfe applied TO ihem, and be kept 10 work with Bread and Wctcr
for three dayes ard then reieaffd; Or elfc fhall pay /f^f fc««<^J in Mony as
a Fine to the County for fuch ofFfDcc : And all Cconablcs negltdirg
their duty in not faithfully Executing this Older, fhall incur the pcoalty of
five pounds upon Convi(flion^ one tbiid whereof to the Infortncr. ^„d
touching the Lav of Itrportation of ^ttakin, that n maj be mere JlrtOly
Executed, andrjOne TrarJ£ifffin£ toejcafe PuntShwetii:
It is hereby Ordered; Ihat the penalty to that Law avcrttdbc in no cafe
abated to ieis then Tnetitj Pcundi.
^. IVhtYtai there is rnuih Prcphjf.er.tp atTfon£fi us lit per foni turniti^ the'ty
Bac^s upon the fubiicl;^ Wcrflnf before it b( pnijhedy a>.d the Bleffm^pro^
tiounced-
It is Ordered by this Court; That the Officers of the Chorchcs, crSe-
Itifi Men, fhall rake care to prevent fuch Diforders, by appointing perfons
10 fhut the Mccting-Houfc Doors, or any other meet way to attain the
end.
6 U^hereas there is much DiforJtr and Rudcnefs inTouth Inmmy Con-
gregation! in itnte of the tporjhip of (jocl,vfhtreby Sin and Prophanencfi ii great-
ji inceafed; for Rtformattonwhireof;
It ii Ordered by this Court i That the Seletfl men do appoint luch
place or places in the Mccting-Houfc for Children or Youth to fit in, where
they may be mod together, and in publick view ; and that the Officers of
the Churches or Scledl men Jo appoint fomc Grave and Sober Purfon or
Perfons to take a particular care of, and mrpidion over them j who aic
hereby required to prefcat a Lift of the Names of fuch who by their own
Obfervance or the informatice of others fhall be lowod Delinquent tothr
next MagiHrate or Court, who are impowiid for the f.rfl Offeree to admo-
nifh them, for the I'econd Offence to impofe a Pine oi five Shillings on their
Parents or Governourj, or ordtr the faid Children ro be whipr, and if Incor-
rigible, tobc whipt wiin ten ftripes, or (cnt to the Hcofeof Corrc(nion
for thiccdsye*.
T, Wkreax
frovoking £vils. , ,
7. Whtreaf the Name of God is frophaned hy Common Swearing and
Curftng in ordinar'} CpmrnumcaUon^ ^bicb it a Sinthatgrovoi amotffi ut,
and many hoa futh Oaths and Curies, and Conceals the^ameftom ^mhori-
fijfof Reformation whereof;
Iris Ordered by this Court, that the Laws already in Torce aga'nil this
Sin be vigoroufly proftcmed, and as Addition thereunto ;
It is further Ordered, that all fuch perfons whoiV.allat any time hear
propbane Oaths and Curfes fpoken by any perfonor per{on9,and fhall
ncglecf^ CO difclofe the fame to fome Magiftiate, Coniinin">oner, or Confla-
blc, fuch perfons fhall Incurt the fame pecalty provided in thac Law agaioft
Swearers, &c.
S. Whereanbe fhameful and Scandalous Sin of Excejfive drinkjngTipUrg^
and Company kee^log \n Tavsrni and Ordinaries irons ufon bS, for Re
dreji Xf hereof •,
It is CommfadcdtothcCareof the Refpedive Coanty Courts not to
Licence more publick houfcs then arc abfolutely ncccfTary id any Town, and
totakeCarc that none be Licens t but perfons of Approved Sobriety and
Fidelity to Law and good Order. And that Licenfed hoDfts be regulated
intlicir Improvement for the refrefhing and Eniertemment ofTrava'lers
and Strangers only, and all Towa dweller* are hereby ftrifliy Injoyncd and
required to forbear fpend;ng<heirTinFic or Eftates in fuch Common houfes
of Entcrtcinment to dnnk and tipple upon penalty oi f.ve Shillings for every
offence, or if poor, to be whipt at the difcretion of the Judge, not excced-
fiveftripcf, and every Ordinary keeper permitting perfons to tranfgrefs
as above faid, fhalllncurr thcpenalcy of ^t/« Sfc>i/w^i for each Offence in
that kind And any Magiftra; c, Commiffloner, or Seled men are Impow-
red and reqaired vigorciifly to put the above faid Law in Ex ciuion.
And further, It is Ordered, that all private unlicenfcd houfes of Entertein-
ment be diligently (earched out, and the penalty in this Law ftri<niy Impo-
fed, and tliat all fuch houfes may 6c the better difcovered, the Sele<ft men of
every Town fhaii rhoofe fome fober and difcreec pjrfcns to be Authori-
zed from the County Court, each of whom (hall take the Charge of Ten, or
Twelve Families of his Neighbourhood, and fhall diligently infpefl them,
and prefent the Names of fuch perfons fo tranfgrefTing to the Magiflrafe,
CommifTioner, orSele<fJmen oftheTown, who fliall return the fame to be
proceeded with bv the n^xt County Court, as the l,aw direds and the per-
fons fo chofcn and Auahonzed, and artcndipg their duty fauhfully therein
fliai! ha^^eone third of the Fines allowed them, butif negled of their Duty,
and fhall be fo Juaged by Authority, they fliall Incurt the fame penalty prg-
videdagainft unliccnfad boufes.
p- Whereas thire is a uoful "Breach of the Fifth CommandtneVif to he
found amangfi ui^iu Contempt of Authority , Civil, Scclefiasiiial^ e.ndDo-
■tntfitca\ :
This Court doth Declare that Sin is highly provofeing to the Lord,ag3iDft
which he hath born (evere Teftimony in his Word.e/pecialjy, in thatre-
miikable judgements upon CW^A and \^\s Company, And therefore do
ftf icily Require & Command all Perfons under this Government to reform
fo great an Evil, Icafl God from Heaven puiiifh offeoders heiem, by fome
rccnarkable Judgements,
I 2 And
_3^ Provoking Evils.
And it is furrher OrderrJ, thar all County Coart^jMagin-rarcs, Coin-
mifiJoners, Seiccft iT::rn, anc Gisnd-Jurors, according to their fcv^.-ji Ca-
pacities do take ftricft Care ifiat the Laws aii-cady n:!adc and provided in rhi s
Cafe, beducly Executed, and particularly, that Evil oflnfenonfs abrcniinP
thcmfclvcs ouc of the Families whercanto rhey bciorg, inthcrrcrlit and
meeting with Corrupt Company without leave, and agziaft the mind and to
«hc great grief of thfifSupeiiours, which evil pra^ticcisof a very pcrdions
Nature, and the Root cf much Difordcr.
1 1 is therefore Ordered by this Court, that whatever Inferiour fhall be
Legally Conviiflcdof fuch an Evrl practice, fuch pcrfons fliali be pumfhcd
with AdmoniiioD for the firfi offence, with Fint not exceeding Ten hk'.llinns
or whipping, not exceeding five {Irises for all ofi^nccs of like Nature
afterward.
JO. 'Vberetii the Sin ofldUnefs (tf hkh is a Si» of Sodom ) dctfj greatly
Jricrcafe, notwithfiandwg the ffhcJfome Laws in Force fgairtil tbeprme. _/is
an iyfdditiontothat Law,
This Court doth Order, that the Conftab'e with fuch other perlon or per-
fons, whom the Seled men iTiall Appoint, fhall Inrpcfl particular Fami/ics.
and prcfent a Lift of the Names of all idle perfons to tbc Sricd men, who ate
hereby ftri(fily required to proceed with thtm, ss already the Law dired^s,
and in Cafcof Obftinacy, by charging the Conftabic with tbcm, who fl:all
Convey them to feme Magiftrate, by him to be Ccmmittcd to the houfc of
Correction.
TI. Whereas tkn is Oppyfjfwn in the miaflcfus^ no^ cyjy lif fuch Shop.
I^cepers and Merchant! , xvho jet exceffive prsz.cs on their gouds, but alto by
Mechanicks and Day Labourers, who are daily guilty of that evil, Fern-
drefs rrhercaf, and as an Addition to the Law tit. Cppnjfon :
Itjs Ordered by this Court ; That any pcrfon that Judgcth himfelf Op-
preiTed by Shop keepers or Merchants in fetting Exce/]ivc prizfson their
Goods have hereby liberty to make tbeir Complamt to tbc Grand Jurors,
orotherwile by Petition to the County Court immediately, who fhall fend
forthe pcrfon accufed, and if the Court upon Examination iudgc the per-
fon complaining injured, they ih,ill caufe the ofiendcr to return double the
overplus, ormorc then the equal price to the injured perfon,and alfoimpoic
8 Fine on the Offender at thi dilcretion of the Court, And if any pcrfon
judge himfelf OpprelTed by Mcchanicks or Day Labourers, they may make
complaint thereof to the Seleft Men of the Town, who if upon Exammati-
on do finde fuch Complaint juft,tiaving rcfpcdl ro the quality of the Pay,
andthe length or lliortncfs of the Day Labour, they fhall caufe the Offen-
der to make double Rcftiiutian to the party injured, and pay o f^ne of double
Chfi "value exceeding tnc due price.
il. M^hrearthere is a hofe nmA (infvA Cv^orra 0/ Goini er Riiir.Q
from Totvn to'Toxvn^ a^-.d that oft tnres Affn and Waren tcgetkcr, ufcrt
pretence ol foin? to LeOures, but it Of^pears to he ntdrly to Drirl^and RfV.l
fnOrdwartctandTavnns^vhtchis w it fdf icavdnkfts, and n ;s to h".
Q37
Flint }. 7^Tra<iin£-ffoufeswithltfdiant. Powder Jliilt. 17
feared a mtable means to debauch our Touth, aed hazard the Chofl'uy of fuch
as are graven for lb thereunto ; For Prevention whtreof\
It IS Ordered by this Court; That all fingle perfom, who meerly for
their pleaTurs take fuch Journies, arid frequent fuch Ordmaries, fhall be
reputed and accounted Riotous and Uofoberperfons, and of iil Behaviour,
and fhall be liable to be SummoDcd to appear before aoy County Court,
Magiffrareor Commiflioncr, and being thereof convi<f)cd fhall give Bond
and fufficient Sureties for The goodBcha\fiour intvent^ Pounds^ and upon
refufal fo to do, fhall be committed to PrKon for ten dajetj or pay a fine of
foriy ^iliingi for each ofFence.
Each Tcnn to proviJti Flint s^
ITii Ordered by tbis Court; That every Town in this Jurisdiflion fhall
provide as an ad Jlion to their Town-ftock of Amunition, fix hundred order reg»UtJng
FJintsfor one huodned Lifted Souldiers, and fo proportionablv for a leflcr "'^'>3°rr^
i_ I n.1 .■•/• ., . provide rliQtS
orgreawr number to be conltactly mainiSincd and fitted for publicK sec.
Set vice.
TraSrtg'Houlci with the Indianf to aa^e.
THi$ Court conftdering the great ^bufe and Scandal that hdth arifen 6y
the Licenfe of Traaiig-Houfes nub tbe Indtans, wbtrebt Drunken-
liifs and other C rtmei have been at u were fold unto them.
It is Ordered by this Court; That all fuch Tradmg-houfes from the Publi-
cation hereof fhall wholly ceaTc, and none to prefumc co make any fale unto
them, except in open Shops and Towns, where Goods are fold unto the
Englifh, upon the penalty of rf» poundt fore very Conviction before law-
ful Authority, one third to the Informer, the rem.iindtr to the Ccuntty,
any Law,Ufage or Cuftome to the cootraty notwichflai)ding.
7>ovfdcr MiH
THis Ccnrt having OrdereJtwo Watch- wen frtm Lorchiiier and Atiltoyt
to Watch at Dorchejler Mill, and unde^fland'ing the Undertakers of
the Powder Mill fur letter defence thereof are ercCling a [mall Stone Watch-
Hottfe at iheir onn C barge tj on their 3(/^«f/J, at betng of pudltc^ concern-
mirt: :
This Court Dc:lares ; That the Undert-ikcrs of the Powder Mill may
repairtoaay oneMagiftracc, whoby the Laware impowred to give War-
laiKto ImprclTe Workmen to carry on Publick Woikj of which fort
this is.
K Relief
r 8 Relief for the 'Di(lrc{ftL No hdiMS to gp cftbo Jf.fiyid.
Relief for the Dipeffed.
THis Court Confideiing the Inconvenience and Damage tlialmay
arifc fo particular Towns, by fuch as being forced from their habi-
tations throi7gh ihc piefcnt Calamiiy of the Wair, do repair luiio ihjmfo
Juccour.
Do Order and Declare, ( thar fuch perfons being Inhabitants of this
Order for reii*'' Jiirisdid"tion ) who are To forced rrom their habitations, ard repair toother
of the dirtreQ.'fl plantations for Relief, fliall not by virt uc of their Residents in faid Plan-
tations they repair unto, be accounted or repiued inhabitants thereof, or
Jmpoftdomhcm, accordi;igioL3W,Tit]e, Poor; Butinfach CaJe, and.
■where necefTiiy requires, (by Reafon of Inability of Relations, dj-c.)
they (hailbcfupphfd outof the piiblicli Trealmy. Andtlatthe Selttft
men of each Town I nfpeA this iEaner,SBd do liJiewife carefully provide
thar fuch men or women iray be fo Imptovedjand Children Difpofcdoi
that as much as may bc,fub!ii;SCbflig£B78j'beevoydcd,
7{j Inaians to£o of tie IJland where ^laad mibtm kave.
W Here di this Court have for weighty lica{c^:s placed Jutinry Mionjlthat
have SuhjeCled to our Covemaent) upn fcm l/latfdsjor ihdr OiMi cur
Security \
NoTndiiniroGo. Itis Ordered; That noneof the faid iTidiaas Ihall preftme fo cccS
^ItV^^la" the faid Jnandsvcliintarily upon pain of Death j And it fhail be fa^ful
without le:.*.;, fortbe Englifh to deftroy ihofe that they fhali findeftragling off frctn tire
ard^onpainof fjij pigcesof their Ccnfiiiemciif,unlefsiakfDofTby Order fr< ir /i ut^ or i-
ly, and under an Erglifh Guard. And it is fnither Ordered; Thatifsny
perfonorperfonjfhallprcfi^incto take, fieal or carry away either Mar
Woman or Childe of the faid icdians off from any the faici jflands where
J-^chS/cr ^^^1 3ff placed, without Order from the General Court or Council, he
Carry offihe In- ot they fViail be 3 ccountcd Breakers of theCapiial Law Printed and Pub-
dun, v-Uhout lifl^^^ ^^^-^^^ Man-flealing ; And this Order to be forthwith Pcfted and
Publifhed.
Howmuth allowed Labourers that -ffork for the Sculdicrs.
Ttfe CouticiJ hayir^ OyderpdtheSekS nii}j itt each Town io In^rtfje
msr, to help Jr.n the Corn of fuch Mcnibat are Imprefjed and yih^tnt
fro'w heme mtieCcuntry fcvtci, 'tut havine fixedncR are hew frucb per day
;:f;:r.:r:e" M ^c oircmtdfuch Labourers ■
fuchi) wroupht 1 his Court doth 0:der, thev {hMbc 'd]]c-^ed cyii {hi'.lii)Q /x pence r^p
for Ihe SouUi- j \. r- r, ■i^.,,-' "i.
ers.&c. day, in pay as the Country Rate is paid ; Provided it zppear they have
done a (nfFicieot dayeswctk.
280
what and Ftotperfrohibitcd IwprtaUon. Cokdge Officers topay Ratei. 59
Wbt'.K and Ficatr prohibited Irnportatio^.
THis Lcurt cotifidm»i theprefcKt State of ylffairs amon^Ji us refpcCt-
ing the Indian War, and what hindrancSi the jame may hi to the ratfm^
fupflieT of Trovificm amongfi ourselves ; iawproh;b:;i,.,i
judge meet that the Law nrohibiting Importation of Whiat. Bisht, i"'f--->^'^n ef
nd Fiowr.-., po£,jo(. be lnip:nocci as to the particulars above mention- t-mdcd &£-
d, unfifthis Court take fiulher Order.
an
e
CoHeJge Q^eento f^y Rates.
1 1t is Ordered by tbis Courf, that the Officers and Servants of the Col-
1 ledge, or ofany Court that a'e by Law or Cuftome exempted in their
perfons Or Eftatcs from publick Services,and Country Rates (hall be liable „ . ,
lobe Rated in the Levy made for the payment of Debts for theprefent topay R°«e»"w'
■iva'r, and to fervc m their o wn perfons as their Neighbours do in theTown. *'''' *^'"
■wnere they dwell, Provided the Corporation of the Colledge be excepted,
andlikewifc, that what is hereby advanced to the Country Rare, care may
be tak.?n, that it comes into the pablick Trcafury, and not to the pafVi
culaiIo*n Advanrage where fuch perrons Dwell.
Exportati'^'n of Froi/ijtons prohibited.
""T^ His Court Confidctin^ the ^reat danger of a Famiyte, or at leafl a
' Scarfitji of Bread, and dber Provifiont, by g.ccfonof this uiOrr, {ijibe
Lord gracioufly prevent not.)
Do hereby ftricftly prohibit the Exportation of all Sorts of Provifions
(except Filh and Mdckerel; out of this Jarifdidlion upon any pretence
whatfocver, ( viOuall'cg of Ships or VcfTcIs excepted) and Captair*
jamti Oiliver and Lteutettattt Thomai BrcttUate Appointed by thisCoart
to Infpe(fl thefame, and to laake Seizure of al] fuch Provifions as fhall
be loadcn Contrary to this Order for EKpjrtation ; to be forfeited, ono
foarth part tothepcrfons fcizitig,the remainder to the ufc of the Country,
and tins Order to fland in force till tbe Ceiieral Court or Council fhail fee
juftCaufe to revoke ir, Provided the Ccancil may give liberty to any per-
fon, if they fee Cauff.
IT 14 Ordered, that al! fuch perfons that have ijiresdy quitted their hsbt-
acions at /./.^«d/3>i,3nd Jo not forciiV'ith return, or fliall nercaicer leave
iheir habitaiions, licence no: bcirif^ tifft obtained from the General Courr.
or Council, they (hall forfeit their Intcrcfx in th t place to the Country for
fhe defraying of the Charge of the Garrifon Souldicrs.
K 2 DiihMfemrSs
4» DffhrUmetitS to befeiiled. Securing cf Crainc.
Difbtirfemtuts tohefcthfs
^tfiTunt fof <)ir- jT is Ordered, That the Coirmittecs of Militia in tfe Tevcral Towns
^?Hcrf's&c '^'^" ''"''' '•fff'"^''"':^'^'^ fff't the whole Accounrs cf the feveial
labc'rMi.vo by Towns refpe<fHng all dilbuifeirifrts of Airns, i^munitioD, botfes fuf-
ffMa'i.Trio'"' ni'Wf, Provifions, &c. not exceeding /A>rff /ck;?Jj fcrr a licrfr, sod as
»ufhTovo. rear as may be piopoiticning the Ac-ounts of all diiturlfmecty, whcfe
Bills to thcTrealutcr, or Coinmittccof that Affair fball be paid, tvheri the
AfTe/sments are Come jti raifcd upcn that Account.
X^OR prevehflon of the charge and troffile cf TranffOrtatkn cf (t^' l^atcs
J- 10 be hvicd to the Trcafurcr cf the Country, as aljo matter cf (carcnmcy
*i'f «/» appearing ;
hisOrdcrcdj That Bills for Wages, Horfcs.Frcvificnr, &c. fccicg rc-
galaiiy pafTed to the (aid Treafurcr, iba Trcafnrcr upon the dtfite ol prr-
lons concerned fhail rcpafs Bills to the Ccnflables.cf fUcbTcwnj where
Sums arc due upon the aforcfaidAcccunts.
POfnfmuchai theprefavatioh cf tie gra'.r.e loth "[r.dian and Inglifb ,•(,■
this ColMjVef great Ticafity, oTfd thejcitvatict of cur lnkalitat,tsin
tbijsv&ralTorvntii>i/ni info/caitiringatidrcncSe accrJitic:iy as that there
Ciin Scrofuurity from the £r,efyiy cj the Craine ir.md in tie Boir.s cf the
Svcrailrtbabitants'j
I US Ordered by this Court ; ttat there be fffeflual careforiKwith taJifn
otiertot \y,e by thc fcveral Militia's and Sckift Men of the Towns for the ficun'ngthe
o^'?fca°/jln! '^""^ Giainc by remcviug it withm the Command of /be Garifcn or Gari-
miZitJ fons of "the refpc^ivc Towns, fo ss thatihc Enemy may not be iibic zt
plcaloicto dcflroy itoi farnifh themfelvcswiibit.
F 1 D^ I S.
Majors J^ikrtftopurfueth Eifemy.
41
Several
LAWS <^ 07iVE7{S
C\^ade at the
GENERAL COUR
Held At 'BOSTON the 21/?. of FchrHary^ ^67^.
AndTrintedby their Order,
Edward 1{mfon, Secret.
tyHajort Liherty to Furfue ths Enemj.
WHmastheLavf\\i:M\\[tzty,Sza.it. enjoin, that m Ma.
jorcfc^nyKcpmzM fb.ll March »hh hn Rfeimmt ov.t o(
the County nhwin he bath Command.mr caufe a». part tU^rL ^^'°','f ^'''"
Major Genera ,mf;r tt hcmpurjuh of the Emv,y ^,n a Ro., «"*
Th>s Court doth Order; Thatdunn5th.:feU^ars, aTid till this Court
taic further Order, it fhall be .n the likrty cf the Majcr of each County
-2 Trcofers, VolutAeen, guards and Garifons.
or any loferiour Comiriffion Officer who bath comrrand of any Colto-
panyor Paiiy of men to go out of tbeirown proper Ccunty for Enga-
ging, Parfuing or Dcfitoyirg thf Enrmy ; fo as they id not conirary
10 paitJcular Order from Soperiour OflScersor Auihonty.
Trooferi Enempied from Im^rejfs.
Wfitreasly alatt Ordtr^ the Ttcojiirs ttere mads hahlt to he Jm*
pf^fff^t>y •f'">' Sbuldierj, at /ucb time as it was fupfoftd there
pre-i ftom im. ^euJd if Uv le ufe of them a^ajyijl ihe IndtanSj nbo are faund tj txptricncc
*"''* to he ^tryfervicgabk and recejjorj, and have inn imphpd in a full pro-
portiott teiht Foot:,
It is hereby Ordered tbet that part of the Order coBcetfting Tioof crs
be Erpealed.
Volutitesn te he Under the Murtial Lavs,
WHereastl3ereareCon\p]siT\ti,thatfuchPerfohswho lij} thcmfelvcs
ydtinteen in the Countri?} Service^do efieem themfeltesfrom under
ibTManuiTaw! **"" con)tjiand which is ueccjfarjfor ihefeiuntyofthe Country ;
\i is therefore Ordered by this Court ; That all fuch Pen'oos To lift-
ing the mfel ves fhall be fubjcdt to a\l fuch Martial Laws as are or may be
pf s vi<ie;l /cT the vjtM "itdsnti^ of x^.h f orcej ot (bis JurifdiOion .
vv:
G«tfrfl's & Carsfoiii.
r Merest tdert is clferi/id a great veihEl cf the Execution of the
Lnv Utely trmde, tic. Guards and GarifonSouldiers:
.i • V .V It isOrdaedbj this Courti Tbatthefoid Low becarcrullv f bvtbe
Addition to in? _^ , e k /t \ — .t. l i » ■' * '
Lsw t.x Guards Commiitec ot jVJilifia, wtoo are heieby Impowtcd in that lefpti^ or
<s.&ar,ri.ni p(^|^f officer incjcblcwn) put in Exccu'.icn, and in particular, tbsi
aailycare betaAto, that aconfidcrablc part cf the Scu'diersby turiu, in
the teveral parts of the Rcipeftive Towns, be improved in Sccatipoand
Warding to prevent the Sculking and Luiking of the Enemy about ibc
faid Towns, and to give timely notice ot approaching Danger: And
alfo that rhc B'uCh m High-waye s and ctber places (judgf d ntcelTary) be
Btaflitobcout cutup; And thai (uch rerions, Youths, crc. as arc rot in thcRoul of the
up 'tare Traind Bands (except fuch a", are in pubiick place exempted by Law} be
under Obligation to attend Command fci ibat fcivice, on penalty of five
ihillings per day for neglcrt.
d'ch^""' to b' And li is further Ordered ; That the breaking up of the Watchbe
b'eakin\\p\},p not till the nfingof the Sup, at what time the Scouts are to fet forth; and
vi'auh on penal- [batno G UP fhall bt then fired on penalty of ten fluHings for each ofTeocc,
tViefe fiofs to be levied by thi Clerk of the B;ind by Warrant ftom tbe
Committee of Miluia or chief Officer, who if tbcv fluH be convicted of
Q4S
Three poundt pcY liend aSo^ei tofach at take hdUnit 4 3
neglcdof thcirduty concerning any of the Prcmifes, they or he fhallta
fined icn pounds to the PublickTreafory.
UPdn Corfideratlon of many Scnl^ng hdlaas about oar Plartaiionf,
^olngmuchmifchief and damago-., ^nd that a probable way for
their Surpri^al tt by Scouting in fmAll Partie/'j for Encouraiiment
thereof -J
This Court doth Order; That every Pcrfcn or Pctfons, that fhall fur-
prize, nay, or bring in Prifoner any fuch Indian on the footh fide of Paf- Sd'fSS*
caiaqua River, he or they fhill be allowed three Poands per head, or the aiitskioE ind!-
Prifonersfo taken, making it appear to the Committee of Militia _ of ir^ingfe'*
that Town to which they are brought-
F ,1 N 1 S
5ef?cfmj(7s PomrtoOrdirthe Husbanary Cff thfe in SirvUe
4?
LA17S & 0 \T^ E\S
GENERAL COURT,
Eeldat'EofionforELECTlO ^Njheil of
SVlay I c^ J 6
And Trintedhj their Order,
Edward %atfon Seer.
.Hereai thefrcjstff Warr mccfarily cdt forth fundry men irto
the Country Service, wft;/^ Iinpioymn^t ani Livdyhixd Co::pjU
in Hu^andryr the pOm:>thg'Mno;l..uur Kefpeflii/e To::->iX
for thi Raifingo^ CoTnoniPrvAfonhii of greai 'Heiiffity fof
our Subftfiance.
It is therefort- Ordered by thisCourtjTh^t the Seli5 mih of the Refpi?- qm » ^
dlive Towns do tske Effectu-^l C;rc,an.-^ ate [:-:eby iTipov/rcr' to rmprefs tinc^'^ ^^Ift
ni<;nfortheman5gfcment2nciCcrryiRgC5?cf'c!!e Hrfi^ridry oi fuch per- ""ft,;?/'!"™''
fons 2S are called off from the fsrfisiRru £!*;£;
;nt2ndC»crry!Rrc5?C!!Ci!e ArfLismry oituch pp,[- """^oiMreriK
rom the fsrfis iRfu t?*; t^jvtc:?, v/no have noJ fuffic:- ite Huf j:ndry
left at home to tv^fs^sihzCinre, vA\o(hi\\be^l- ^{^^°(''"tbe
^nthclpof tlitir ov/n
Sowed Eighteen Pirices day for theit fri ^_._ , _
fpet^ive perfons Jor whom thsy work. Provided is do nee app^^ii- that ^ '^''' ^" '"^''^
/.
WC?[<; CO "CO paid ?lV'[h2Re- E*«f>r::n p.nce
P' lijy for
5n,i
4<* Souldiers refuftng to fnak^ ^ppedrsnce. Stated Price for Hor^e Hire.
anyperfonslmpfoyed have been nnf:ii(hful in thcit Labour, in whichCale
the^f/fffmcKfhallhavePowerto deduft frctnlbcsi wages fuch Propor-
tion os theyft all fee meet.
THti Court tak,lni into Confidevation the £reat JDifappolnimentthe
So Idlers ref ^o«»'»^ hath fuff eyed by Tijefar^ ef non-j^mararxe of Souldkn Im-
i-'lxo ma/eAp. P^^jjedlor fevcral ExfedtUotti.
/er'veVhc c^"" • '^° i"'^g^ ^^^^- ^'^^^ Cvery perfon Impre (Ted as a Souldier for the Ser-
try loot s«ui* viceof the CountJy, and ncgltQing to make hii i\ppearance accord-
(ol'rPoJnl '"g fo Order , every fuch foor 5oM/'ti/fr fhall paji the Sunirr.e of/oMy
Uoepen «x Founds, and every Trooper Oial! pay the Sutnnie of ^/at Pounds, and
PoDQd. if their nt glea or fffufal be Accompanied with T^efreOonr.!]!, RefnlKt}^
or Comcinpt I'pon Aoihorityjucb petfons iliall be purifhed with Death,
cr fome other grievous punilhtnent.
Andthe Cvrnmistee of Militia in the ieveral Towns \vhere the Of-
fence is Committed, are hereby Iropowred and Required to call before
tbem all fuch as fhall be DelioqueDts as is above exprelTed, and on Con-
vidion of iherencgicd JO give Warrant to the Conflable to Levy the
/aid Fires, which faid Fines fhall be Improved to purchafe Aims for the
Towns ufe: Provided it £ha!I be in the power of the Council uponPeji-
tipn of any Perfon agrieved, and juft Rcafcn AUsadged and pioved to
make Abatem ent of the faid Fines a» in their wifdome end Difcretion they
fhail judge meet;
And it is hereby Ordered that the Return of all l^eglef^ and Defers
in the Cafes aforefaid befentto the Cimmiuetoi j^»/«iifl)ii the feveral
Towns, who are hereby required ic take Care for the ftjiQ Execution
b£(eof.
THw CouiX being Informedthat fundry perfon nho though the Cala-
mity of the Warrore forced to remove'to other fUces, do yiccouKt
thtn^elves free from Duiytn thcfc places.
Do Order that all fuch perfocsJo Removing fhall flandinRefpcd of
Order deciatmg Cbarg€S aod Duty to the publick in the faire Capacity with the proper
thedat^offuch inhabiiants amoORll whom ihevmake their Abode orRefidsnce.
asRcmovelobe '
♦.he fame with
the Inhabitancsc
WMereas it appears in th Sik of Dishurfcmcntijtated by the Militia of
tht^tverancrms^ artd Jtarsnittedtothe Trcnjurer, thcrdsa.great
JDifproportion betvueen Torvfi and loxfti in ths Trices fet for th If ire ofHor'
fes m tbs Countries Servtccj fcr the ^ei'cnting the iik^e Inconvenience far the
Future.
Plated price It is Ofdcrcd & That the Bated pHce for tbc Hire of a Horfeforthe
Sth"°/we Corwtrycs akOidlht one Sk'-ltfii^ fix VenceitimoayperWeckthtov^^aM
ftighcccn Pence thia jutisdiftiOD.
per w<3«,
FertheTrcfervf^mofthe Frontier Tovpna
TT Is Ordefcd? That each of the faid Towns be by "isftCewm^ietoa
I Miltlk divided inso io rrany parts as a meet Numberjtnay each day Jsy
Tuim
Ceurtt Order as to Frontier Towns* Tcwn of Salem Imfofei a Fine. 47
Turns be fent forth apon the Sco.vf, with whoin a parry of htiii^Dji arthc
Charge of [he Country fha'l be joynrd, that the faid Scouts be Conftani-
ly manr.ged by a faitable Commander in eacbut i^aid Towns Apponted
hyW\d Committee, who fhill be paid his wages by the Cuuntry, and for ^''"'Vfo'fi'-ci
the Encouragement of /aid Towns, and moreEfFecflualCarryjng en of this T,w.5,sti»
work, that the Souldicts abroad in Service appcr:aioingio.fjid Towns be
returned heme, and they freed from the Iwpi'fji during their Attcndanec
to the Service abovefaid, for their own, and tire Gountiics Detcnce.
And that the Frontier Tomns be Aecounicd Ad eod fie Id, Sudbury. Concord,
Chelmsford, <>y^ndover, HciverA, Exiter, and for their further Security.
It is hereby Declared robe the Duty of every chief Commander oi'
Officer prefcnt in any Town upon nonce given him of onyAlTault, or
Diflrcfs of any Neighbour Town to fcod forthwith what Aid can befpa-
fed With Safety at home for the Security of the DiftrefTed..
THc Court being Informed of (let Difficulty the Town of Salem >>}eets
vfithal, tofncifperfom that wiU fervetn tk Conflabks Ofjice, iy Rea-
fan efthefmalnefs of the Fine Impojcd i>) Law onfuch as do refufc. -fo^ of 5,14-
It is Ordered by tins Court that it fliall be Lawful for the fai J Town «"-i'''<-(i (o im-
henceforth to [mpofc a Fine of Ten /''•tti^/opon fuchas doreiafe to fcrve f^ on'thoTe"''*
in the Office of a Conftabk there, any Law to the Contrary ooiwiih- '/"^'^"^"o
{^aadlDg. liable.
IiV ^nfwe/ to the Teth'ton of Jolin Beaudon a mounded SeuUUr fgf
Vflief, thciv hfivia "!<-T!V in /.'V'' i^iina,- I'lat Jlaiuis in like iircd.
The CourC jadgcth it meet to Appoint Mr/ tffwax-a i ma^ [vir, pleih
T)iid!eyy Capt. H-tgh Ma^on, and Mr. »^'^i«flW Tisr^a to be afland- ^^'"'•mitfee to
ing Committee to Confiderof Petitions of this Nature, and make their ^alf^^'d^L
Report of whatthcy Judge meet robe done therein to ttifs Court,and this <^"^^5' Vcii.io'n^
Committee £0 Continue till the Court take futthci Order. ^''^ '
"^U" Hcreaihy \he late Law prohibiting Trading Houfet an^ Trading
with the Indians except in open Shopi and Towns a here Goods are fold
unto tu Fnolifli , <ty^dvantage i$ gtvcn to ferfom hy that Exception to Car-
ty on a VoUntary Trade with the Indians^ which m^y ^rovt tf dangerous
Confiijuenec to tbi fiillick ^tal.
It IS therefore Ordered by this Court and the Authority t' creofjhat all Ord« pMfiJtr.
Trade vj\il\ihQ.\n.iia.ii h-z prohibl:cd& for thcFutu/ejit ishereby prohibi- '""s Trjdewitfi
ted that no pcrfon vvhatfocver within this Jurisdiflion,pre'umc 10 Trade p/n.i't'^"f'coV
"viWa 2.vi^ Indian, ot Indians, diiedly, or IndireSly, by ibcmfclves or EftulTrB"/-
oibers ; Any Commodity whatfoeverupoa Penalty of Forfeiture of theit niihmeiu, Uu
tvhoIcEftatcs for each Offence, being Conviflcd thereof before lawful
Authority, one third to the (nformer; aod the Rc.Tamdcrtothc Coun-
iry; Provided that this Law do no way prohibit the acceifary fuppl/ari
Relief to fucb Indian, and their Families as arc by Order Im ployed m the
Countries Scrvice^orisare otberwiTcut'/dcr the fpccial C^reand Infpedi*:
on of Authority; So that fuch Supply and Rehef to thefe /^d;^oi bemadfl
as Che Court or Council fhall Siiow^oril no Eftace, then to be banifhed up*
on pain of Death. And that by fach as are under the fpccial Careana/n-
L 2. iped^ion
48 Sileff men to teksCaref&r the DiflraQcd.Coir.nnlitc cjMilith i>t cacbTmti
ipt&loaof Auzhouty ybe[ mcaot fcch as being pesccably dsfpc'cd io
r.ome ia, ( and being Ap^voinccd the p'ace ) do iivc witbio tbe viev/, er,J
under ihe Eye, and ProKQioo of the Evgl^jh.
"S^flereas tpere are diJIraBed psrfons in pme Ttvms that are VmuJj;
Xfhereby not only tbe Famhes whenin they are, but otberLffa much
**^age by tbim.
Fclcft morrow „ '^ '^ CCtl^^d by tliis Court art! tne Amroricy tlicreof; TbattheSeIca
To take CMtio', en in all Towrs whcrefuch ptiicns arc, ore hereby Impowrcdand Jn-
ihe Diftraftcd JOy oco to takt Care of all fuch per fons x\ at tbey do not Damnific orbers.
"^odalfoto takf Careacd Order tJie Management of tbcit Eftatesinthe
Times of tbeir Diften^peraiurc, fc as may be >or ihe good of thirmfeJves
^nd fajuilics depending on thftn; And the Cherge fobs paid outof the
Eflatesofallfuch perfons wheyc it may be had, otherwifc at the publicJc
Charge of the Town (uch p«ifoDs belccg unto.
TH'ii Court Confderhg tbe great ImoHvenkricytbatw/lEujucjfper-
foyii be {eft at Ltbtrtj to withdraw fran the frontier Tovmj that art
yet Jlay.ding out, thereby i:T>fiihlitig the Jitmaic parts of the Ceuntr?,a»d
tending to ihe Dcma£c of/he vrhcle.
Do therefore Order J Iha: it fhallrotbe jnthe Lrbcrlyof anypeffon
CommitfccsoF whalfocver, who isby 1 aw lrjio"Vncd to 7'r6»«, Tf^JJci), Ward, 01 Scent,
ii'Mrt'rown" ^° leave the Town be is an Inhabitant of, upon any prctgncc •wbatfcever,
Tvilhcut Liberty firftobteintd from the Cow w;»ce ofMiJitiain theToun
to which he doth belong, or in.Cafeoftheirdeuya), thenbyihc Co«r'-.'-
nf the Common U'lalt/i. upon the penalty rf Tu'cuty Rmiuls ; cN<ciit
within CE'^ week alter they be re qtiirtd by tlie. Ccrrittfittti's of Ai'tiitui ^^
TCtiun to tbei: Station, they (hall accordingly Retnrc, which Simme cf
Ttreniy Fouyidi upon Cctiihczte fromthe (^omwittces of Mil,[,a tothv,
Ceunty rffwrr^of thatSbite, or sc'acy two IVIegiflratei, (Wiflby theii vvai-
Tantbcforthwifh Lcvy^d upon tbe ERatts, or for want thereof upon the
perfons of fucb Deiicquents to be difpofcd of, either to fuch as will Come
unto the faid Town, to ftrcngthen them, or towards the bearing the
Charge of th^ Watr; Or otheiwife, as fhofe that ftand iMut Ilinll/eJ
meet.
i^ndltisfyrtibez OHtited; That no perfon capable iOAfliri in fecuriRg
tlie Garrifofi he belongeth to, fhailabfenthimfelfby going out of Town
•without acquainting of, and Liberty obteined from the CommaDdf^r of
laid Garrifon, npon Penalty of fircf-.i/lin^J for each Offence iothaE kind,
lha:{o the danger to which thcGainfonsintLfRefpc^Sive Towds arcex-
pofed too .by frequent abfcncc of ficb as are for the Defence of ihsm
tnaybsprevt^^ed.
f 1 N I S.
Tlie cnstomarv c\il of the Colony arms is necessarily omitted to bring this
pajje to tile size of tlie olliers. *• "• ^'
gE!NiE\AL COV%T
BeU at'EoUon CKfay th \d, i 6 y 6
Or the preventing of Injujlice, and Ine(ju^litj ht
the di [charge, and payment of T)tf bur fementS'
made by anj particular perfoniy orToy>fns for
the Carrying on this prefent V/arr.
his Ordered by this Court, that a Qommittee fjall
be Chofen in each County ^ to Examine the'R^ates put up-
on all manner of things u fed or Expended for theTMick^
and to FieiiP the particular "Bils allowed by the Militia of
each ToM;n for Expenccs, until the frfl of this Infant.
And jo farras they judge right andoqualtopafs the fame
under their hands. And the Committees above f aid are
herchyOrderedto Choofe one man from among themfelves,
in every of the County es, n^ho /hall meet at 'Boslon the
frfl fourth day infuly next, and bring r^itb them the Ac-
counts allo'wedandpaffedw the fever al County es, Jthere^
and U'hen their yporl^fhallbe to Compare them together,
and fo to \cgulate the whole j as to them [hall fe em mojl
jufi (y equal, r-jhofe Adhemghy them given under their
hands to the Treajurer, fall be afuffcient warrant for
their allowance in payment of the Country %ate.
The names of the fever aJ Committees are ,
for SujftJkSy Cap:. Filhcr, Demean Parf-jt, Mr. Stoddard.
For Fjjfx, tJ}fa]or«yIppkron, Adr. Bartbolcmcvp, En/. Fulie>.
for ^flddle[e.\■,C.^flt. Hommond., Lciut fohnfon^Mr. ;Ojfph Cook.
For Norfu'.ke Air. Da]lon. Etjf Bujw:l^ Leiu.t, Browr.
For fjarrplhire, Ccft He!!iock>Lefilt. Clarke, Deacon Tiltott.
Si4ei3
Q40
Pro^lifi&tiOYt ef the Saiholh pumJheA. 49
Several
LAWS & OTiT>El^S
!Made at the firU SES SIO ^S of the
GENERAL COURT
for ELECTIOH.S
Held at'BoJlov in O^^j-^ ^England
May Zid. x <S 7 7.
Trintedand Tublifhedhy their- Order,
"By Edveard %a^fon Secr't,
\ HI5 COV^Tliing difrom to invent all occafons of Cjm-
flmt referring to the Prcphanatton of the SABBATH ^
^nd ai an Addition to forma L^WES ;
Do ORDER and Eosd),tbst all thcLawe$ for^aoa ^^ ^
ificarion of the Sabbath, and preventing ihc prophaniog thereof, be ^'^ ''* ^*
twice in therffi'*' viz- in Mar^b and Sefttmber publickly Read by the ^'' ^"v"*
iMfnifler or Mtmflirt on the Ljtiii J«-/«r in their feveral refped^ive *'°?/; *,
^ffembMesvf'ithm this Jurisdidion; and all people by bim Cautioned. ''°*'^'
to take heed jo the obfervance thereof. And the Seted men arc hereby
Ofdefedtofee to it thai there be one man appuiuted lo infpeQ the
M ten
Ten Families of tbcirNeighbrori, which Tirblng man or men {]-)oll and
hereby have power in tlie ab'cnce o\ Ehe CciHable to appre'icnd sU
Sabbat b-bresJicrs; difordctiv Tiplsfs, cr fad. as keep Licenfsd Houfes,
orothcrwbat fhali fsffcrany diforder in their Houfes on the Sabbath-day
or evening efter, or at any other time, and to carry them bctoxs a Ma-
giftrate or other Authority, or commit to Prifon, as any Conftablc may
do ; 10 be proceeded with according to Law.
And forthc better putting a rcftraint andfccuting Offenders fhatfhall
anyway tranfgrcfs r.gainft the Lawc n;. Sabbath, either m the Meeting
Houfe, by any aburiveCamcgr, or misbahaviour, by making any noife,
^^C^ffffotp orothejvJiTe, or duiingthf day time, bcjng laid hold on by 3ny of the
EreCieJ. Inbabiiacts, fbal! by ihc faid pcrfon appointed to in rpe<fi this Law, be
forthwith earned forth and pot into a Cage in 'Bofian which is ap-
pointed to bt: /"orthwi'.hby the Sc1l'(^ Menfetup in the Market place,
andin fncb other Tcwiis as the County Ccurti fhall appoint, there to
remain till Authority sTiall examine rhe perfon offending, and gi"e
order for his punifhrnent, 3j the matter may require according to the
Laws f elatirg to the Sabbath,
^V AKET^S-MEETINgS.
AS an ^dd'ii'wutoiht ]afl L^ycvelcmg to ^lake.s meetmgSg
The Conftables of every Town, are hereby Required tO
jcake dihgcrt Search in tbcir refpei^ive Townes, efpecialiy on the
Z-ordf day, la oil fufpetHed placet and houfes, and where they know,
©r may be informed ^bat any Q^k^ifs are mett to Celebrate their
Irregoiar and prohibited worfhip> and are hereby Impowred to break
j^ddiimto op«Dthe doore where they are denyed peaceable entrance, and luch
the Laves a pc'ons a; fhal! be found at fuch mectiogij (hail be apprcbcndcd
pairtfl Qua^^^ proceeded wsth ard pnoiil>ed as the Law provides in fliat ca/e , •
Afff ;„fjj;^- and .ever; Conftable nfgl£(fting his duty hertin,snd being Legally
coDvi(^ec] thereof, ^a!l foifcit the Summ of forty fhillin^t to ibe
ufe of the County ; And for all fuch pcrfons that fhaii be prefenr-
ed or cc'Bpbined of for abfenting thcmfelves from the pubhck
allowed worfhip of God on the Lordi days, and will not foinuch
as afBrmc tbey were there, or necefDirily abient by tbe providence of"
God, it fha!! be adjudged a convi&ion of tbe bj-eacti of the Lsw.
and puoilhed accordiog'y.
-^DMlNlStRj^TlOfiS'
IT 15 Ordered by Jhis Coiiff, and the Auti^onty thereof. That
when any perfon Dyeih hh-Br.tc, who''- EPt:i:c is !nfoivcvti^<nd
lobe g'^med to not fi ffici:-r,t to fatisSc jhe fevcrj! Creditors, find upon in/orma-
ptKbns'd'ying tiCH tL:er?of givet? to tbc Coort of tha? Couniy, the faid Court fhcfj
grant Adminifiyaticn as the L^w CireftJ, and Empower Commii-
fioncrs to receive anu ex..mine the Ciaimesof the fcveral Crcdi.ors,
c,d
In keepers liberty. tJMrnhtUert topcv'idc Snapfacks. InJiayis. Si
aiid give notice by porting up a Paper in the mofl publick place in Boftoti'^
andin the Town v/fierc the pcrfoo lived, and in the three next adjacent
Towns, that all perfons conceraed may come and mckc their
Claims, and prove their Debts within twelve Months after pubLcatioc
at fartheft ( unlefs upon occafioo the County CouTi: fee caufc to give fur-
ther time ^ before the fiidCommilTionerSjaDd fucb as ihcy fliali findc
clear and unqaeAiooable Debts, to receive and alio* them, and fo the
faid Court fhall make a juft and eqcal divifion to all the Creditors arcor-
ding to their fcveral proportions (o far as the faid Eftate will extend unto
Anflwhatfoevrer Creditor fhall not some in v;ithin the time limited as a-
forefaidtochaleogeand prove his Debt, he fhall be debarred- from any
pirt of bisof herfaid D€bt,unkfs fuch pecfoDoftcrward can find* fome How to he
other Eftate of the Deceafcd not found out before, and put into ihc l^- divided
vcntory : And anyEflatcof like nature now dep.'ading, and not fully
iflucdby 10 equal Divifion among all the Creditors, according to their
proportions, Ihail be fccfled according as this order directs, any proceed*
ings cr admgs in any Courts or othcrwife to the contsary notwith-
flandisg.
ln-l^fpcrs Lihertjt
FaR theaJvuncemsniof the Countnes CoamGdHks -^
It is Ordered by this Court and the Authority thereof, that all Re- rnkeepeM libert
^ ^ i-» t -r . ,. ( . ^ .. . ... . . to rprflii Flf»Pf a
tailersof Strong Beer, being Licenfcd thereto, ftall have liberty to itH ',Ven«l j^p'J^cl
ftroDgBssr above two pence per quart, provided they put in of Birley 4pence< quart
Malt proportionable, •!/.% Beer at tfcrL-c f.?»ce per gH^Kt three fu(h 1$ of*"^"
Malt to a Barrel ; zt four pence per quart four tuflieU to a B^trel, any
LaWjUfagc or Cuftome to tbc contrary notwiirilacding,
Muskifters to ^tovide Sna/facks.
AS an Addition totk tarv tit. Military ScB. 7. requiring Tikjimen to Musiietteote
frovideSuapfach, and being rvhoihfU'nt <?/ ccncermng MUiketicrs ; suap&cte'
This Court do Declare that iViusUetists arc alike required to provide
Snapfacks with cbeir other A muniiioa -that Law expteffeth.
JndiuM t$ btfttihdin four PJatttattm,
WHirsat after this time of Trouble and Wet vpith the Indians, ths
rfcll-orderitig aijd fcttkmsns of tiifcthii; •:cmain, and arc lind.y
Cefi::irs»d^ii c natter of gr$at conccrnm'.nt h th: peace andfccuTtty of sh
Couniry, ay:d tbc welfare, civiUz^rg, and good education of ths fatd Indians ^/r N^ighbo'u" ^
and their Childreti \ indbns io foitr
It IS hereby Ordered aodEnad^ed, that all fuch Indiati aildrca qj ""«''°°*
Youths cba: arc ittticdctdjfpofedbv order of Autfloiity, or with tbeic
M 2 Partors
J^ hdiani.
Parents or Relations confeat to eny of -Ae Englifii Inhs^hhaa^o with?/;,
this juri'foiftiQn, ftili io rem:ia witV chrra as 5ervcp.:s j and to be
taughJaadinflrufiedin theChiiftiSfiRcisgiofl, uotsi easii of ibcro atr
tain to the age of uveviy fou: years ; except by Jpecisl contrsft
it be otbcfWiTe provided: And for fuch lodian Chjldrco Youcbs ot
Girl?, whoTe Parents have been in Hofdlijy with us, ox bnve lived a*
mong ouf Enemies in the time of the War, and were brought in by
force, and given or fold to any of the InhabitaaU of thh jurifdicSion,
fuch fhall be at t+iedifpolslof their Makers or Ehcic AfTignec: Provided
ihey be intruded in Civiljry and Ghrifiicn Religion j And for cJiotber
Jndians that are admifccdixS live wiEhindiis JurifdidiorijGs wcl! fuch as
arc called Praying Indians as weilQsotbsrSjtbeyfhali be reduced to In-
habu in four places for the prcfent, N'cnck^, Punckcpang, Hajfr.nemtfit
and Warnefit^ ind witbin the limits of chofc Towofhips, as they are gran-
ted to ihem by the Gcceral Court, wheire tfcey may be continiiiliy t«-
fpe<ned, and from time ro time ordered and "governed by fuch a$ this
Court or Council ifhal! appoint ; And c7henEh<:y are once fettled as a-
fo/efaid,a Lift to be taken of. al! the Mea, WomeQicd Children of Ehe
feveral Companies once a year at icaft, 2cd kept upon Record with a
ftricfl charge and prohibition upon the pssalty of the difpicafurc of this
Court, not to receive or entenaio any Granger or forrcjgn Itsdian or Ib>
diaos into theif focsery witholit the kcowlod^e or approbaticw oi k\i-
^.„ p.jj tbority; and ihatihc Indians about f^i/jfi'/Jiywd, (hall be fettled aboat
inliansout of ^echecho ss rtiall be lurther Ordered by the Council; and all other
Vaied""'"' ^ ^^^* ^°^ Orders relatiDg to the Indian/ and made fiace the War began,
as to their confinen/eat to tbisorthat place, cr giving liberty to any to
talicor kill any of them foaad without tfaclimits appoinced are hereby
repealed and declared void.
Vidians Liitttv,
FOR the frevetitieti of all inccnvtnkncet thai maj fall cut ly tfjcfetting
of the Indians at hbirtj^to he fried from any fees of king frtot, found
outofthei* limits;
It is hereby Ordered, that si! Ncigbbur lodian;. and Friends though ai
liberty to ^unT,&Ce yet carrying their Guds with them ioto the woods
»e°'1^co°nvcml 3ndrot eafily difcovered whether frkads or nof,lfhi!! and hereby are
tiesby Indiana cojoyned On thc fight of afiv Enghfh perfoDj or bei^g called unto, fhall
«b/woods wKh immediately lay down his Gun and leaviDg It, repai: CO the faid Engiifh,
iheirGuiis, pcrfon, and make 't out by bisccuifuaicfrcmfomc perfoo in /authority
of his name, and p'acc of aboade, and liberty, as aforcfsid.; or o-
tberwifc, (hall be liable to have bis Gun took from bits, acd fo be look-
TJot to 90 ^^ *^ ^^ ^" Enemy; nor fliaH anp Indian on tbis fide Mcvnnzcick 'Rjver
wthout cer' ^^"^^ liberty to "travail the woods with Ebeir Gans C7i!hou£ o Certificate
lificatei ^™'" Mejor Genera! Dmicl Dctiifon, or Major T>c:uJ (jcok};}^ or on c be
other fide of Mcrrimtxh, w'ithoDt jike Ccitdicars (:ojtj Major 7{Jchar<f
WaUcrtt,
ass
Book.- Debt J. Double Cufiome, Prlfetcf Hovfcs. si
Sook-'Dehti.
T 7^ /!nf,x>er to the Pdhio^ of fuyidry the Uhabitants of Lofton, humb Iv , ,
I def.nno that the Lav refpcfltn^ SookrUdU be repealed, &C. ^ * Jf""*
Ir IS Ordered, fhar the Law refpcaing Book- Debts Cball be and 7°r wTf
hereby jjfufpeodedfor three years longer from this time. iuife»</ed Jor
Double CuHomefor all W'mct, Brandy ir Rvtm,
IT.is O/deredby the /uthority of this Court, that tbeCuftcmC of al Do«fc/f Cu\
Wines, Brandy and Rum Impcrrted into this JurUdiftion fhall he pome for am
doubled from hctjceforrhso what bath beeo paid. rvtnes, Braa
dyatid Racq
Trijei of Horja to the Country Rate,
WHctiaiitii mamfen that the prices of Horfet it much falhn to
a>bat tb(y formcriy were, and yd by Law an to bs Xated at hve
faUffdsfcr Horfe i *
Ic IS therefore Ordered by this Court and the Authority thereof,
fhathctJCcfortballHorfcsaodMjres from three years old aaiupviildf, PrifsiofboT'
ftjali be Raicd at three ponnds in a finglc Country Rateibctwecn two artd /«^ «> »^»
three years old aC forty fhilliog* ; aod between ctie and two vears old af Comry rata
twenty ftjillrogs; any Law, CaftomeorllfsgetoibecoiitiarynoiwJth-
ftanding.
Frifei {or Dtflmrfmentu
'-p His Court doth Order, That all difburrements^fioce thefi.ft of
X Majt67S relating to the Indian War) iccordiog to tbcir feve-
raKpccieSjfhaKbe rcducrdco the prUcs or valuitioa hereafter cxpr.ffei
vtx, ihii ibc p. ifcs and payments of all things tcferring to the prcmifs J
to be at rfjc Ctantry Race price.
To Billeting ofSouUiers, vi^. one man Per
tPeef^, five /hillings four pence,
ToproviftonforSouldiers out, Le. one man
per l»ee{, five /JjilUngs four pence,
TheSouldters billeting or provifion out, as
aforefaid from the date of thefe prefents,per
we\ five /hillings.
To "Billeting Souldiers by tk meale, not ex^
ceeding
54 Prives/^r Xyijturpmenu.
ceeding tvpodajes^ after tv^omcaies aclaj^jix-
pence per meaie.
To lojs0- damdgs ofArmes and furniture
as the Qommit tees ofmililiain the f ever dToi^ns
fhall value, at ajusi and equal price.
To a Horfeat grafs a day and a nigh^ not
Staled prira cxccedmg two dayes at a time ^ four ^pencs.
Ufcmemi^ To a Horfe at grafs one week^^one fmifix^pel
about the To a Horfe at dry r/ieat a day (r nighty not
exceeding rm dayes at a, time,fix^pence
To one Horfe a %vee\at dry meat, ti^opiU.
To a Horfe hire hj the week^, tvpo jlnlllngs.
To a Horfe hire for a ddy or tvoo, not excee-
ding four dayei , fx-pence per day.
To Horfes Imprefi asVragoons^ to he paid
as Troopers horfes.
To Tofls as the Lafo dire^s.
To Troviftons of all forts ^as^read per hun^
dred : 'Becf.Torh^ hy the barrel ^cM the cur-
rent pri^^es they are fold at the time they are-ta^
k^n tip, to be paid in money .
To Horfes ioji as the Lai» direcls.
To cartingy four oxen (jra man,fivejhiLp.d,
To a man mth threeHorjes<ts ^ ^^^^ at five
fhiUingsperday, end fo prportwrsahle.
To Jmunition.povpder tm [hillings p. pound
mus)^t buUets eight pence per fcore, and fmall
Jhot proportionable.
To Ferriage of Soiddiers & horfe s halfpru
To Qates accorditwto tii'0 [ml. per bufhelL
Prit.es for Disbursements. 55-
Provided the 'BiUft^ of Sonldiers in partu
ciilar places, be allo'ived by the Committee for
the JVarr : and that the allovpances for ferriage
concerning fome fenv particular perfons, be fuf^
pended to further Conftderation.
<iAnd I hat all ^tlls Signed and allowed bj the
(Committee of Militia of the rejpeclive Tovpns
according to thefe %ateSy floall be accepted and
payed by the Treafurer.
Fi :i^i s.
Oath of Fidelity and AIFegiance.
n
Several
Laws and Orders
tIMade at the pcond Sefsions of the
GENERAL COURT
Heldat'B0ST0:hC^OAohit.\o''- tojj.
And publilhed by Order thereof.
" Her (AS many fccret atteaptJ have bein lately made fy
evil-minded perfcnt to fet fire in the tcwn of Bofton,
aud other p/arej, tending to the dejiruflion anddevajia-
ticn of the whole ^ thu Conrt doth account it their
duty to ufe nil Ltwfull means to difcoverfuchfierfottt,
and prevent the l/^e for rime to come :
Be it therefore Ordered and cnsfted by this COURT and the
Authoritythercof, tFiattheLaw, r;>. Oaths and Suhfcriptions^ Pag. ^zo. oath of Alle-
Sen-. 2. requiring all perfons, as well inhabitants as ftrangers (that ha.\& fianct & Ft'
not taken it) to take the Oath of Fidelity to the Country, be revived and ^itlitjfar In-
put in praaice through this Jurifdiaion.- And for the more effeaual habitants &
execution thereof •, It is Ordered by this Court that t\\SiSc\ei\mm, strangers^
Conftablcs and Tything men in every Town, doe once every quarter of a
vcarfo proportion and divide the precmilsofeach town, and go from
N houfe
5°* -^^i ofTrsds-andNavig-atlentohobfcrvei}.
houfe to houfe, and take anesaft lift of the names, quality and callings
of every perfon, whethr;rlnhabitttRC or Stranger, that have not taken the
faid Oath, and cannot make due proof therect •, and the Officers aforcfaid
are hereby required forthwith to return the names of fuch perfoni unto
the next Magiftrate, or County Court, or chief Military Officer in tne
Town where no N4agiftrate is, who are required to give iuch perfons the
faid Oath prefcribed inthcLaw, wherein not only fidelity to the Coun-
try, but Allegiance to our King is required .- and all fuch as take the
faid Oath, fhall be recorded and enrouled in the County Records, by the
Clark of each County Court •, and all fuch as refufe to take the faid Oath,
they (ball be proceeded againft' as the faid law direAs. And further,
this Court doth declare , that all fuch Refijferi to take the faid Oach, fhall
not have the benefits of our Laws to implead, {ue or recover any debt in
any Court or Courts within this Jurisdiftion, nor have proteftion from
this Government whilft they continue in fuch obftinatc refufal.
And furthermore. It is Ordered that if any Officer intrufted with the
Execution of this order do negled or omit his or their Duty therein, they
(hall be fined according to theirdements, not exceeding five pounds foi;'
one offence, being complained of, or prefented to the County Courts, ci
Court of Affiftants and this Law to be forthwith printed and publifhed,a'i i
effeftually executed from, and after the laft of November next, and that a ; !
pcrlbnsthat Adminifler the Oath above faid, fhall in like manncf- make re
turn of the names of I'uch perfons fo fworn to the refpeftivc Clarks of die
County Court..
JCTS OT TRADE tobeohfervel
^ His Court heing informed bj Letttrs received thit day from our Mtfen-
girsofkis Aiajefliej expeClatioriy that the aUs ofTrude iind Navl^atiott
it exaEllj and punBua//) ohfervedbj this hu Majfflies Colony : Hi^ pie.ifrtre
therein not havir.g been btforenotp ftgmfied iiTito w, cither bj expre/j from kit
Afaje}})^ or 4VJ ofhii Mirificrs of fiat e.
His M^]eft;''t It is therefore hereby Ordered , and by the Authority of this Court Ena-
AHsofNavi' fted, that henceforth all MafVers of Ships, Ketches, or other VcfTcls cf
^atton and leflTcr or greater burden ^ arriving in, or failing from any of the Ports of
Trade to be this Jurisdidion, do without covm or fraud, yield fairhfuli and conftant
o^/frz'f.i a" ;)f- Obedience unto, and Obfervaticn of;.Il the faid Afts of Navigation and
nait]-, 6cc, Trade, on penalty of fuffering fuch forfeitures, lofi and damage, as in the
faid Afts arc particdarly exprcffed. and the Governour and Council,
and all Officers commifTionated and authorized by them, are hereby Or-
dered and required to fee Co the ftrift Obfervation of the faid Afts.
^aiilion
4ddition to the La^ tit. Sabbath. jp
Adiitiontothe Law concirnlf)gProfaKiitloHoftheS*hhatb
A San JdJition to tit late La\v made in May lajl for the prevention of
profanMinn of the Sabhath^andjirengthning of the hands ofTything men
appointed to infpeEl the fame. Addition tt>
It is Ordered thatthofe Tything men fhall be, and are hereby appoint- '*^ Law, ttt.
ed and impowred to infpeft publick licenfed houfes as well as private, and Sabbath. Tjf*
unliccnfed houfes of enterteinment,as alio ex offieio to enter any fuch hou- t^f^g '*'*'*
les,&difcharge their duty accordingto Law^and thefaidTythingmcnarep'^^i^^-
impowred to Allift one another in their feveral precin£ts, and to aft in one
anothers prccinQs, with as full power as in their own, and yet to retain
their fpecial charges within their own bounds.
And it is Ordered that the whole Fine raifed by th*pcnalry of thisLaw
upon delinquents either in publick or private houfes fhall be remitted to
the County Trcafurer, and the Tything naens allowance made payable
from him.
FT S\C I S,
Oath of Allegiance*
61
SEVERAL
Laws and Orders
%5^/faJ€ atthe fecondSefslonsof the
GENERAL COURT
HeU at Bofton, 0(5lober z'^- i6yS.
And publiOied by their Order.
Edward l^wfon Secr.
A. B. doe truly and fincerely acknowledge, profefs, teftifie,
and declare in my Confcience, before God and fhe world , that
our Sovereign Lord Km^ Charles is lav%'full and rightful! King
of the Realm of £r|/a«i/, and ofall other His Majcftycs Domi-
,^,^ nions and Countrycs •, and that the Pope, neither of himfelfjnoir
by any Authority of the Church or See of /Jarv, or by any other mean*
U'ith any other ha'h any power or Authority to depofe the King or to The Oath of
difpofe any of his Majcftycs Kingdotnes or Domitiions, or to authorize Allegiance,
any foreign Prince to invade or annoy Himor His Coontrey; orto dif-
charge any of his Subjefts cf their AUegiance and Obedience to his Ma-
jeftvi or to give licence or leave to any of rtiem to bear Arms, raife Tu-
mults, or offer any violence or hurt to his Mijeftyes Royal Pcrfon,
O State.
fe Tlie Oath of Allegiance
Stateor Goverment, or toany of hisMajeftyes SubjeAs within hisMa
jcftyes Dominions.
AlCo 1 doefw.'ejr from my heart, that notwithrtanding any Declara-
tion, or Sentence of Exccmmunjcatjon or Deprivation made or granred
or to be made or granted by the Pope oi his SucccfTor.sor by any Au-
thority derived, or pretended to be derived from him or his Sec agamfl
the faid King, his Heirs or SuccefTors, or any abfolmion of the faid Sub-
jeflsfrom their Obedience, I will bear Faith, and true Allegiance to his
Majcfty, his Heirs and SuccefTors, and him and them will defend to the
uttcrmoft of my power againft all Confpiracyes and attempts whatfo-
evcr, which fhall be made agajnft His or Their Perfons , their Crown
andDignity byre.ifon or colour ofany fuch Sentence or Declaration,
orotherwifc; and will doc my bcft endeavour todifclole and make
known unto his Majefty, his Heirs and Succcffbrs all Treafons, ind trai-
rerous Confpiracyes whichllhaHknoworhearoftobe againft Him, or
any ofThetn.
And 1 doc further fwear, that 1 doe from my heart abhor, deteft and
abjure as impious and heretical, this damnable Doftrinc and Pofition,
That Princes which be excommunicated or deprived by the Pope, may
be depofcd or murdered by their Subjc£ts, or any other whntfocvcr.
And 1 doc believe, and in my Confcience am refolved , that neither the
Pope, nor any Perfon wbatfocver , hath power to abfolve me of (his
Oath,orany part thereofj which lachnowledg by good and full Autho-
rity to be lawfully miniftred unto me ; and doc renounce all pardons
and difpcnfationsto the conTary. And all thefc things Idoe plainly and
fincerely acl^nowledge and fwear according to thefe exprcfs words by
tne fpo>;cn, and according to the plain and common fcnfe and undcrftaa-
ding ofihe fame words, without any Equivocation or mental Evafion, cr
fecret Refervation whatfoever. And I doe make this Recognition
and acknowledgment hearttily, "\lllingly and truly upon the true Faith
c/ a Cbri^lian : So help me God.
' Hf^i^ it haxhpJcefed his nto/} excellent Majtflj our
Cratiotu King, by kit Letttr hearlftg Dati t^e
fwe»t} feventh of Apri\, 1678. to fi^Kifie kit MojaL
pUafan^Thit the Aathorttj of this ku Color j of
Maffachufets iK'tJcvi-Eng]and,Jo give forth Oyarrs
th.3t the Oa:h of Allegiance as it is by L.:n> efiablifhid
tvith'/f his Ktrt^d^mt ofEnghnd,btaJ'»i>iifrred::Hcl takt" h <ill kis Subject
, within this Coktijf wkj arc of /ears to take an Oath:
the oath of * '" Obedience whcrcunto, and as a demonftration of our loyalty •,
Allegiance, It is Ordered and Enafted by thisCourt and the Authority thereof,
that as the Members of this Court now fitting have readily taken the
M
Age and upwards. And to the end this Orderbeduely executed, It
is hereby Ordered, that a convenient number of printed Copies of the
faid Oath ofAllegiancc,exaftiy agreeing with the written Copy Inclcled
inhiiMajeftics Letter, aiid figncd by the Secretary of State, be fent
forth
TREASON pinilhtd with Decib.
form un CO ever^ Magiftrare and ]u^:.cc- ol Peace, and to the Ccnftabfe
of every Town wirhmihis |orisditV.'~^..
And It isfarrherOraercd thar ih:M3gii^''atSS and Jaftices, or fuchi
ajdrc ComrnifFioned Witri r.'jgifvrcucal .iUthorhy in t.vciy County of
thii Colony do wirti allconvsnicnt fpii"d ripair to the fuvcrai Towns
aad Village; witHin this jurisdiftfon, e: fuch time, e.idin fbch order as
ihcy beft may, and accompliih the fame-, givm^ forth their warrcnt to
the ConflaWes of earbTown to convene allthg lnhabit:;rits of tl^f Age
abo^'efaid, and taking tfreir names in v^ritirg, adrainifcer the f?.id Oath
of Ariegiafice to each of then, and rfrurn their Names to the Recorder
of each County Coart to De enrolled. And if any fliall rcfufe to take
the faid Oath., or abfen: thcmrdves unlefs in c r;fe of ficknefs, the Names
of fach (ball be returned to the Recorder of the County, who are to
ba proceeded jgamft by the County Courti rcfptctiveiy, forths 5rft
OtTc.ice whereo! he 15 iega'Jy conviftcdjo pay fuch a Fine as the County
Courr (hall impoi'e,not exceeding five pounds, or three Moncths Impri-
foiimcnt in the common pnlbn or houfe of Correftion : And for the fe-
cond offence whereof he ihall be lawfully convnfted, what fumme the
County Court fftiall inflid, provided,!! cr.cecd no: ten pounds, or fix
Mea^cbi hnpufonmenc without Baile, or Main-prife.
T hinftheDnt'/as W'lH a: th PrdH ircof all £6od Suf'je^s tnpri-
•V'JiJoTthe fc-Utj and fccunty cf the Perfony Crovrn and Digmiy
of their Sovtratgy fnrc:"}-- *'''!- Cii:'"<i!.:^zi^''f:l-ii of ihsii- duty
and ob'lgr^non to nur S-vcyci^i^. Lor.i :!:,' [C^r.:-,
Do hereby Order and Enad, fhit wlutfoever Perfcn within this
7jnsdi£tion<Tiall compafs, imagine or intend the death ordeftruftion
of our Sovereign LordthcKing fv/nom Alm.ighty God prefervcwith
g long and profperous Reign; or to deprive or dcpofc him from the rrcafon pn^
Sole, Honour or Kingly Name of the Impenp.l Crown of England, orof mfhed with
any other his MajeR;> C£ Doinimons-, and fuch compafiinas, imaginations Death.
Devircsor intentions (hall exprefj utter 01 dcclsre,by PrintingtPrcach-
ing ormalitious fiiadvifcd fpcaking.bemg legally cor.vifted thereof up-
on thcOaihes of two lawful! and credible WitnefTe^upon Trial or othtr-
wiie convicted by due coui fc of law, then every fuch pcrfon or pcrfons
fo offending (hall be declared and adjudged to be Traitors, and fnall
fuffer the pains of Dea.h.
Precedency
of Coinpa-
nyes ia
Towns
\i 3 frjc
6^. darks DirsRim, £^portationef Provifon:
DlrcWm far Chrk, of the mitis^
FO R the afcertaining the power of tlic Clarks of the Writts, It U
v....« o, en Orderea sbat ail Uerki oi the Watts fhall fign Warrants only in
Writes DJj-e- ^^'^ loW''* and places where jney are chofcn and reficie.
flion. J. Tbaf all Wntts fo figoed fliall pafs in all Courts of Judicature
thioughout she Colony they iignaig, d' £'psr Curkm^for ff^i tonn «/ C
Tlie Law for *Tp ^cre being a Law made in OBch. 1 675. prohibiting the expor-
evporraticn X ting of all Icrcs of prouifion -, which faid Law was 10 ftand in lorce
ofpiovjfion only during the Courts pleafure. which this Court having confidered
lepealetl. ^^^ (^^ ^^^^ reafon" judge meet hereby to repeal the faid Law.
F ! :hr I s.
QOS
Retailing ftrong drink at TrafnJDgs prohibited; 6$
SEVERAL
Laws and Orders
Afttdcatthe jirfi SeJJloss cfthc
GENERAL COURT
Held at Boflon^ May z8. 1679, and pub:ifhed by their Order.
Edveard %i\vJon 5'ecretary,
WHeyeas then is an ahfive and evil pmnice taken irp in fe-
Viral placet jftfrti Colony ^opon TTUtmn^dttr;s/ncti patlick,
or frivixt-t & other pnblick^C'invcniiiJA: c( People uponcivil
ccc^Jlonj, tiiverfc ptrfons taking liberty to htf Ivtc tke
fiilii, and other places near fuch concourse of people, cox(ide-
Table ejuar.tityes ofwine^ P^o^X />f*l"'j Cider, and ether
bieMaHng Lh-itil^i, having ro licinfe/oto doe, rvheieh} jnar-j People l/oth Eni^iifh
and D)di/t»s that cams to fuch Meeting!, as "^ell ai Souldiers, commit many dif-
arderr(>{ Driit>ksnr.tfja F'^ktin^, mgicli of duty , 6-f. /or prevention vyhereofi
Tt is Ordered by titjs Court and the Authoiiry thefeof, that henceforth
EoPerfon whatfoever fta'.l prefurae to bring into the fieJd, and fell by re ail
upon fuch occafions, any Wine Rrong Liquor, Cider or any other itlebriatiiig
Drink (excepting Eeer of a peny a quarOun!efshe or they fo doing have Qrder pro>ii-
liter.fc from the hands of two Mag/ftrates, or the chief Military Officer orbiting rcun.
Ofncersin the Field, iiponpen:dty of forfeiting all fuch fironff Drink, and 'ng ftronij
paying a Fine offive pounds, one half to the informer, the otherThuifto the DnnkacTrai-
Councy Treafury. And it is further Ordered, tTiat ths Conllablcs of the "'"^'"
TovMi where (uch meeting is, are Ordered and rcr^uired <vich a meet compa-
ny to gujrclhlin,fhall by Warrant from U'J chief OfJif.er-. ici^e i^pon all
ftrongLiquor<, Wine, C:dcr, or other Arong 0::d\, and Jifpofc oi:^.t lam-
as this Law dirtit;.
p n
Qeo
f>() Training Da yes. SizeofBticks &c,
T is Ordered by this Court ('or the eaferp.enx o»"tb? Counrry) that tfic
ordinary Irainnigs of Toot srid Koife bercc'ucefl to four dsycs jn the
ycar.any Law, Cuftomc, or Uftrjc to the conrru-^ nofvvilhri-snrliTig ' iJnIeis
Font dayes jf,j. Comraifiion Officers of each 'Ccrnpany, in every Town rdVcftiveiy, fhall
Training ciily - r , , ■, , riV^ ■., ur n-
•unlefs &c. *^^ f&M\z to draw forth and cxercife their Cornpar,ie6(af,'cr the jour irammg
dayes enjoyncd be expired) one or tV;'0 c'ayes iDore, which they are allowed
and impowred to doe.
IT is Ordered by this Court and the Anthority thereof, that clay to make
BricksfhalJ bedigged-bcrerethcfirftof /V^w^w^fr, and turned over in
Br/°^ 0M>e- ^cJ^o"'^':^ oi February and Mcvch cnfujn;^ a monetb before it be v.rcughr^
oalty and that no Perfon temper their Brides with fait or brackifh v;ater.; and that
the fize 0$ Bricks be nine inches Jong, two zvA a quarter inches thick, and
four and an half inches bread-, and that all raouids ufed for making of Bricks
be made according to thcfe fizes, ?nd well ihod with iron : And what perfon
or perfons foever, fliail maKe Bricks in any refpcft contrary to this Order, in
thefeveral parti cuIarsofit,fhall forfeit the one halfof fuch Bricks to the ufe
of the Treafury of the Town where they are mads.
Penalty for A ^ an adMtion to tic farmer La"^ tk. AfiHtary, It is Ordered by this
Foot-fouldiers XJk. Court and the Audiority thereof, that every FootSouIdier that is a
abfence from Delinquent on a Training Day, (hall pay for each dayes delinquency five (hil-
Trainings. jj^gj j^ nioney, or ten (hillings per Day in good merchantable commodities,
orGrain as the Country Rates ore paid,to be levied by theClark of each Com-
pany as the Lawdircfls.
IT isOrdered by thisCourt SitheAuthorlty thereof, that -all fifhcrmen that
are (hipt upon a winter & fpring voyage. fhall duely attend the fame, ac-
, ^ , — cording to cuftome or agreement, with refpeft to t' me And 3 IIFifbermen
'"° " ^' that'arefhiptuponaFifliingVoyajgefor the whole SummeT,fhallnotprefume
to breakofTfrom their Voyage,before the laftof <5fic^f,without the confent
of the Owner, Mafter, and Shear men, upon the penalty of paying all Da-
mages.
V'ToK Complaint offundry Ittcouvefsieficcs and Prejudice arijing (>■} the Laia
eutitled'DcbK by Book, if put in executicn : Which Law hath upon Ittndry
petitions from timsto timci>ec>i f/pendi^d, & mvj again d-j <iof>gsr(xoiritnce found.
Book debts '" ^^ "^^"j ^^f*"'^^"^^^*
lepeakd. This Court on ferious confider^tion hereof, and what elfe is prefented,
fees caufe to repeal the fame; and ty the authority hereof it is hereby repeal-
ed to all intents and purpofes.
Law about
W Hither if a Town fee good to hnplead any Perfon in a courfe of Law,
and make their Vote to that end, and chufe their Atturney , it be
i^eiKon re- not fufficient Legal AtturncyOiip, and to be allowed in Court, the
folv'd as to faid Attumcy brin£ing c Record of the faid Order or choice, figned by the
LetteRofAt- faand of the RccordtT of the Town, though there be no Seal asm other l^t-
?oTv!J' ^ ters of Atturney I T\\h Quc'ftiyn was refolved by chu Court op. the affir-
mative. ^yhcriAi
Order for IHling Trooperd.
X^J r ffereaj Complaints an made to this Court thnt fcvcr.nl foat CompMyef
\\' are difcottragcd^nd weakned, ^y frf^^ien; Ufling their btji Souldiirs into
'j'r.-.Qds (Xclnrtby the Inf.tntrj related the chu( jirtngth of the Mditu in any
CciM rj ) are like to k veryfithlc, and thu error anfes frem the mtfcuMfirtang of a..
Lav: direainltUdfihg ofTroopcrs,rvHchfattbj thatro pcrfonfhall i,fi unUf!,he
pji (or ortc hundred potmdi tjiate in a fnglc Country rati, and bt other waycs. well
nua/fpcd. But the praHife ti dijferent from the Uv (.as te conceived,) for Con-
r-Mcs giving Certificate that fuch a per (on fAja in a pnglt Country Rate eight
>„i\lingi four pc-Kce, including therein heads of pcrfo»S; and upon thisCcrti^catc ^^^^y^^
tbcCaptatn of the Troop lyftsthe f,erfo» Certified, arJ fo .tc tr t^ ^apprehended the ^{jf^^g^.T.
Z,ait> IS not attended. For prevention whereof.
It «s Ordered that no Conftable fhall ^ive Certificate to any perfon defi*
ling to hjA a Trooper, unlcfsthe Ciid perfon pay bona fide in a fingle Country
Rate for one hundred pounds cftate, without refpenft co poll money and alfo no
fuchFootSouldierflmlllyft in any Troop, unlcfs he havea Certificate from
the Major of the Regimf nt under his hand, that be is a fit perfon and bath ob-
tcined the confent of the Comr.iidion Officers of the foot Coinpauy whereun-
to he belongs, or the maj'sr F-^^ of them, &c.
Meeting Houfcs not to DC ercfted without Licenfe.
YlOrafrnticf} as it h.ith too often happened ihst th'rstigkdiff'erencci ari/si£ in/cve-
JL ral To ■ans-^ r.'ti ;;j 3iher pretences there hath been Attempt s hj fomt perfons to
ercil nety rttetinr k::t(;s althoisgh on pretence of the pitblick. '^orfiip of God on the
X.e-'ci' ditjes -^'ja t'-ryjjy laying a Fotmdation ( if not for Schfme andfcduflion td
error and herefie^ forperpetuatiitg divipant, and tvcaks"'^^ fuch places vhcre
they dffdl in :k: comfarfaf'ls fiipport of the JUimji ry ordi/!y fetted .irrton^fi them,
'•or prevention •?vbcr?i:;!' for the fi-'ture,
it is Ordered bv this Couvr, and Hie Authority thereof that no perfons pg^aity for
whatf'^svsr ^'ithcj': the confent of the Freemen of the Town where they eredmg new
live, &=lr cs"d2rly had sri obftined at apublick meeting aflerabled for Meeting houf-
ih^^ srdj ind Kcenft i^f th^ Ccnnty Court .- or in defeft of fuch confent and ^ without
liositfsby thefpccial Oidcr of ?hs General Court, fnali er;r,, or make ufe of ? "i^"'tv^
£-iy hcutc as.^iovefa.'d . And in C^ k any peifoii or psrions fliall be convid- ^"™'^'^'
ed of tvarfgrciliisg this Law^ every fuch hcufe or houfcs wherein fuch perfons
fellfomest, csre then three tirnc;, with the F,?nd whereon fuch houfe or
icufef f!"rd, and all pvivste wayes tending th^e^e^o, fhall beforfeitfd to the
Tifs of the County, and difpoffd of by the County Treafurer, byialeordc-
moiiifhicg, as the Court that gave Judgcirent in snc Cafe rtial! order.
J'^Onhe greater tomfort and fr^fct J of iiU poopfA whcere intended to reftttUthe
^ Villages defertedm ths lati war, or the phznting attj nev PUniation within Order direft-
ibfsficrudin-ton. ing die fettlis
It iJ Ordered and Enrs&ed by thl^ C?y.-f , aiid the Authority tfi.ereof • That T?^"?'''"*
to de.crted. Town, or nt^ Plantatfcr' ^'-z'! b- i-^hsbited, urt,! the people firft New' pi^nta-
ii'..' <^..!?p{<c?.ri<jp. unto the GOV ER ?s O U a jnd C O U N' C I L,or to the uoru.'
F -: Cotraty
(f'i An abatement of tbelrnpo&cnRhum.
County Courts, within whofe Jurisdiflion fucb Plintation is. And the Ccuri-
cil or County Court areliCTtby Ordered and Impowred to appoint an able &
difcr'-ct Committee Cat the charge of the people intending to plant] which
Commicrce arc Ordered ?iid Impowred to view and confidcr the pbce,or pla-
ces to be fetfedj and give direrdons and orders in writing, under vheir hi,ruds,
in Tvhat form and manner fuch town (hall be fetlcd and crefted where-
in they airerequired to hav€ a principal refpcft to ncaTnefs and ccnveniency
of habitation tor fccurity agalnft Enemyes, and more comfort for Chnftian,
Ccmmuniondnd enjoyoient cfGods worftiip, and education of Children ja
Schools znd Civility, with other good ends. And all fuch planters are hereby
Injoynod to attend and put in praftice fuch orders and direAions as fliall be
given by fuch Comniittee upon the penalty of one hundred pounds Fine ro the
Country.to be infltaetj upon them fay order of the Council ,or County Courts
for their negleft or refufel to aaend this order.
loj. jCThogf- "|rT is Ordered thzt from henceforth an abatcnentof the Import upon Rhum
uMmlm'^^ftof 1 ''^"'*<^^ often (hillings pir Hogshead, and that two pence be added by
rC ^ ' ■* the quart upon all ftrong li<juor that is retayled by Icfs quantities thcr\
ten Galloas at cfic ti m?.
F I S^ 1 S.
QGO
Stthhatb, Niv BHtUhgii
69
SEVERAL
Laws and Orders
Made at the fccond ScflTons of the
GENERAL COURT
Holclcnat BOSTON Oftob. 15. 167?. and Printed by iheir Order,
£Dlv ARD RAfV SO N Seer.
\ Or the prevention of the profanation of the SMathy and dlforierson Sa-
turdajni^hthj Horfes AndCttrts pajjinglatt o(*t of the To^n of Bo'
Jion.
It is Ordered and En.idVcd by thi? Court ; That there be a Ward Order topis-
— ^^^^ ^ from Sun fet on Saturday night, until nine of the Clock, or after, ^"^f Sabbatf.-
conliitingofoneoftheSelcftmen, orConftable of Bofton, with two ormore •'"^"^'"S*
meet pcrlons, who ftull walk between the fortification and the Towns end, and
upon no pretence whatfocverfufFer any Cart to pafs out of the Town after Sun
fct.nor any Footman, or Horfcman without fuch good account of the ncccffity o£
his bufincfs, as may be to their fatisfaftion •, And all perfons attempting to ride
or drive out of Town after fun fet without fuch rcafonable fatisfaftion gi vcn,(}iall
be apprehended and brought before Authority, to be proceeded againft as Sab-
bath breakers, and all other Towns arc impowred to do the like as need fliall be,
THij Ceurt having a fenfe of the great Ruinss in Scf}crt Ij Fire, and baK.crd
fiHl of the fume hj reafon of the jojmng and nearnefs of their iuiidingj -Jor frc
^eniiov of d.xma^e and loft theritiy for future.
Do therefore Order and Enad- Th:it henceforth no dweDing houfcin Bo- New Buj.
/ion (liail be erefted and fet up, except of ftorccr brick, and covered with '^'*^;f^"^'-^''*
5!ate or Tyie, on penalty of forficcing double the valac of fuch buildings, unJefs njg,j~^~~"^
by aUoivance and liberty obteined otherv.ife from the Magiftrates, Coniniiffi-
oncriandSe!c(^ mcnof 5o/?(;« or major p.^rt of them-. And further the Se!e£t
iTien of Boflon are hereby Impowred to hear and determmc al! Controverfics a-
bout proprietyca, and rights of any perfon to build on the Land wherein now
lately the houfmg luuh been burnt dcvv.i, allowing liberty of Appeal for any per-
ion griercd to the County Court.
Q. Ic
ovo
7o Tythitig Mm.
I
"lis Ordered by thib Ccnrtsndrfra Anthonty diercof. that henceforth the
Se!e£i msS of each Town taJic care that lythjf/^ -men be Annoiily chofen in
their feveral prccmas of their moft prudent and dficreet Inhabitants, and fworn
to the faithful difdiSifge cf rhe<t truft (where no Magsftrate oi CommifTioners
Tything men arej before the Seleei raenof the piace, 2nd the faid Tything msn are required
tobeannually dihgently to jnfpeft all houfG* licaifed, or urslicenfed, where they (hall have
*^°^°* notice, or have ground to fufpea triat any peifonor peiions do fpcnd their
time or Eftates by nigbt or by day *, in Tipling, gamitigj or otherwile iinprofi-
tabjy, or do fell by retayle v^khia dofes or without ftrong drink, wiae , ale, Ci-
der, Rhum, Brandy, Perry, I'-'bthegijn, &c. without Hcenfe, and into laid
boufes where fuch difordersihall by thena be found, they may. and arehercby
required and impowrcd to enter into and make fearch in their Cellars, or any
other places within cr about the fame where they may fufpefk. or have notfce»
that wioes, ftrong beer, Alt, Cider, Perry, Mathegiin, Rhum, Brandy, &c. are
lodged } and in cafe they {haSi find any quantity of cither, whereof the Owners
do not give faid Tything oen a fatisfaclory account of their baring the fame,
any three of thens agreeing,, they fhillby Warrant from any Ma giftratc, or
Comtniffioners invefted wiEb^^iVlagi.llratical power, or (vv-here no Magidrarc is
within five mil« of £he place) they ihall without V/arrant requiring the aid of
the Conftabk, feue, carry away^ and fecure all fuch wine-, icrong beer, Ale,
Cider,.P?rfy-, Matheglin,Rhutn, Brandy, &c. and prefent an Account thereof
with thenatnesof the perfons from whom they took it to the next Magi-lrare,
or Coromiflloner ofthe Town where any be that are inverted v/ith MagiiTratical
power, v*ho niay, and are hereby impowi'^d to proceed agaioft laid deiinqucnc
partye9, arid difpofe of laid wirtes, Rrong ^zqk^&c, as to tnem ihall fecm meet;
and iffbr valueaiorerfien ten pounds, they are then to bind faid partyes over
to the County Court, to be there proceeded againft as the Lawdircfts. In all
which Cafes full recompence fhall be made to the Tythingmen, and other GiTi.
cers for all their care, tfoubk & ey.pences in fearching ar.d fecunng faid goods,
and the- remainder of theGcodsfeiied.or value thereof, v. here the Magi ftraie.
County Court, or Commiffioners Court, tliar have orderly Cognizance thereof,
(hajl not fee reafon to return the fame to the party cs fronj vvhoiiiit was taken,
the fame (hall be put into the County Trcjfury.
Alfo the Tythingmen are required diligentiy to inrpe{\: the m.-'.nner of all
difordciiy perfons, and where by more 't.?ivc..t; :.drfionition.s they will not b:: ?-
clahnod, they are from time to time io prefent their names to the next Ms 3;-
ftrate, or Comraiffionsr inveiled with Msgjftratical power, who fhall proceM
agaitift them as the Law direfts, as alfo they are in like manner to prefent the
names of allfinglepeifonsthauive from ji'fscer g-OTiiy Government, ftubborn
and diforderly ChiidreB and Servants, nisfevivaii^'.ei's, Typlers, S,i:.V.!:h break-
ers, by night or by day, arid ruch?-3c^.oi'iiitd!£i):reivfe5 ivoraths public;^ Wor-
fhip of God on the Lords dayeSj 0.' wlmtiver elft coui'le cr pr-icticc of any per-
fon or perfons whaefoever feadirg Lo cie'^suchery, !ir;I;gioi), propbansfs, and
Atheifm araongit us, whether oy oiiri-fiou of F-^miiy Go\/Ciuiiicnf, nurture j and
religious dutyes, and inftmaion of Chiidienaod Str'-'iiiuSsor idlcsproJ^igate,
uncivil or rude prafticesof any fort, the names of ali which perrj;.Gvvith tlie
faa whereof they are accufed, and witneflcs thereof, they (l):ii»j5rerencto i-he
next Magiftrate, or Cominiifione.'', where any are in the faid Town inveftcd
with M.igiftratical power who :haiS proceed againfl and puii. ;. al! furh mifde-
meanours by Fine, imprifoninecCj 01 bladlfig ovti io the County Court as the
Law dire^s.
\/'\7'Hcrfai you /} B. are chcfcn a Tj:l;irr-:r/:!i vr-thin thTcirt} cf D.
V V for one year, UMtit othcrj hi chofin/ir.H^jXrirnvi jcw tei,;} (tfidjhad^
you do hert fsf ear kj eke living Cod ihjit jcti \::i!i diUccK^I^ endeavour^ azd to tie ut- '^ytj'"'? MenS
:«p/? of jmr /!iil:t} perform .-nd tfucnd shi dary of jrcr fUcs <iccordit:g to tfiepnr- '
ficu!jrs fftcificdin thi Led p:c:si;'ir io-jo::/- vf,7cCj S; i.ii^jsuC'oa.
iT is hereby Ordered, thst henccfr^-'h no Crdi.^nry-keepc? {h.^U have any Q.^jn,-,.
aOion or recover any debt that fhaLl hereafrer be mads by any inhabitant for kepf^rspe-
any fort of drink, or Liquor fc!d to futb lithaljitants, and that the faid In- keeper r.aity.
befides the lofing d his Dsbt CrII-jpcn Conviflicn before any Magiftrate or
perfons Authorized in fuch a fp.fc forfeit the funi cf p:.cf,'i/ii>igs in money to the
County where the dO. is committed for cverv fi:ch o^zr.ce or Aft.
THfJ Court being ii: formed that many pcrfcrj do net appear and attend Military
E.xerdfei in tkt places to Vchich thtv did cfhng time Irelong, and being called
»fonfor thfir defeHsy^ive Anfxviy thai thcj ere removed^ when indeed heing young ^''"•'''srs
men, and ftnuiliing to he asnf.ned to any certain place the; move back^vard and for- where to aC-
•fpard, andfo perform duty r,t kj phce. tendMilitary
Doth ha-eby Order and Enact, that when any perfon is cntred and belongs Servicf.&c.
to the M.litary Company in one Town, he fhall not be at liberty, or cfcape du-
ty in laid place till he bring a Ccrtifi£a;c from the chief Officer of the place to
which he removed, to the chief Officer of the place from whence he removed
that lie is entrcd in their Li.'*. 5 and taken notice of as one of their own men, fo
that he may be in a way of duty, and until that time the remover to be lyable
to duty in his firft place, and to fatiBfy by diftrcfs, or fuits the demands of the
Commander or Clark according to proponion of fortner Laws,
X t'\'T Hereas there ii ko dcclarcticn mn^.e by this Cofrt Vchat (^all h ta-
V V kt" f"^ an Al^.mm in the d^y CirKe, and by reafon of the variety of occa'i-
cr.s, the ft gnats prefcriitd for a r.ight AUrum Would be full of uncertaintyet in the
day, efpecijllj, to Neigbbour Towns. O. ^c< 4->nrt
It is Ordered, that befides the above faid figns or lomc of them given in the Alaims.
place where the Alarum is firft taken or made, there (hall be a Mcflcnocr or
MefTcngersfent to the neighbour Towns by the Committee of Militia, orfome
of them, and directed to the Committee of Militia , crfome of them, whence
AlTiftancc is defired, who crying A.m^ A>-k, &c. fhall bean Alarum to all fuch
places, and thereupon all the Sculdiersof that Town fhall be bound immediate-
iy to repair to their Colours, and then attend further Orders fcnt by writina
or byword by a fufticicnt MciTenger, and ail this under the penalty of five
pounds a man for every defeft.
IT is Ordered by this Court anJ the Aifthority thereof, that all Ships ana
VcfTcIs above twelve Tuns, (except the Confederates of this Colony) that
trade within our Ports, belonging to other places, or that the greater part of An Ort^er for
the Owners thereof arc not Inhibharts of thio turisdiflicn, (hall pay one flvj- laip^rTunof
ling in mony for every Tun c\ burden they are cf, every Voyage they make hi- f^ Vcffels^ j-
ther • towards pruvifi'ons for pubUck Fcr:ifica:;on3, r'nich is to be paid to Mr. "'^'^ '^* ^^"'
P,iul Dudley for the Ports of Bcfion & Cbarls'To\-?Ti. yit.Hilliard Veren,^tVi.\ot
the Ports of Salem and Marhle-hsai. yir.Richi-.rd Martin^ fov Pifcatacjuat or to
whom they fhall depute under their hands, and in cafe the Ship Maftcr or Com-
mander of any fuch Ships or VefTcIs fhall rcfufe upon demands to pay the fame,
it fhall be lawful for the laid Gentlemen, or anyone of thetn to fend forth their
Warrants to any Marfha! or Conflable to difirain for the fame, with the charge
thcreofupon the Goods of fuch Mafler or Commander, or any one of the Ap-
purtenances of their VefTels, and the Gentlemen above appointed fhall be ac-
countable to the General Court when called thereunto, for v\!iatthcy fhal! re-
ceive by "irtuc of this Order, and are to deliver tiie mony ihcy have in their
haiids once every year, or oftner, unto tlie Surveyor General, excepting one
Q i Ihillin^
12
Sahhxth. Drummerj. ^ticjtim revived. Weights and meafarcS'
Confbbles to
read tl)e Laws
of the Sabbarti
Id all Towns.
Order about
Drummers.
fhilling onr of every twenty fb'Jljngs they {Tiall receive, which fli^fl be allowed
therafor defraying the neceflary charges thereabouts, and liji foyfaey Law of
fis pence per Tun is hereby repealed.
IT is Ordered by this Court and Authority thereof, that the Law with re-
fpeft to Minifters reading the Laws refpeding the Sabbath once in the
year publickly upon the Lords day be henceforth repealed.
It is further Ordered, that the Conflabie or Town Gierke of each Town per-
form the fame upon fome puhlick meeting of the Inhabitants.
UPen Complaint from fiver al Committees of the Train Bands that thir
Drummers refisfe to attend tbeir duty, aad. wilt lay do'^n t'mr places ^ »»-
iefs hire^f and that too at unrcafonMe Rates.
This Court doth therefore Order, and be it hereby Ordered and EnsfVed;
That any Drummer now in placCj or belonging to any of the Coropari''yes in ihis
Jurisdiftion that fhalldefert the feid fervice, or lay down bis place during his
abode in the Town, unlefs regularly difreifled by the chief OfBcer ot Officers
of the Company, (or in cafe of Juft complaint) by the County Court, fhali for-
feit iortj fhtUings in mony fo be levyed by the Clerke by Warrant from the
chief Officer of faid Company sand for future it fhall be in the power of the Com-
miflioa Officers of each Company to nominate and chufe out of their own Com-
pany any meet perfon or perfons to ferve aS a Drummer, and if any fhall icfufe
to accept the place, and attend the Service, or defert the fervice.unlefs regularly
difmiffed asabovcjhe (hall pay fortf JhiUtngs in mony to the ufe of the Company,
to be levyed as above ^ And all Drummers fo chofen and fcrving,(hall be allow,
ed Ten /iiSings per Annnm in Cafe the Company find & maintain the Dram, or
tr^fMyy^/ZAw^/ /^^■j-^aswwifhe maintain the Drum,which fhall be delivered t.j
him in good repair.- al! perfons chofenDrummersagrievcd^have liberty to raali'^
their Co&iplain!: to the County Court for Relief.
„rVV'
'hetber when a Cafeiscommitted toa Jury, they ought not tcbvir.i|
Refolution of ^ '^ in their Verdia upon the merit of the Cafe without evading the lil
jQueftion. fueuponany Circumftance inway of Barr, or Nonfuit pleaded, ifitbenotal-
lowed by the Judges of the Court at the time. This Queftion is refoJvcd on the
Affirmative.
AS an Addition to the Law Title Weights and Meafures, This Court doth
Order, that the Country Treafurer do provide upon the Country
, about ^^'^^^^^ ^^^'"^ further brafs weights following, one fcven pound weight,one four-
Weights and ^^^^ pound, one twenty eight pound, and one fifty fix. pound, which fhall be af-
Meafures. tti fixcetn Ounces to the pound, with fit Scales and Steel beam to weigh and
try V\?,if;h3!. And the Conftablc of every Town wsthin this Jurisdiction, where
fuch weights are frequently ufed, fhall within fix raonethc after publication here-
of, prov£aeupon the Town charge all fuch weights, at Icaft of Lead, to be try-
ed and fiied by the Countryes ftandardc, and fcaled, kept, and ufed in the feve-
xal Towns as Standards, and Jraproved by ibe Selcft men and Conftai)lc« as the
Lawdirefts for fmalkr Weigh ee.
Q'ZS
74
Order for EleSioris.
SEVERAL
Laws
MADE AT A
GENERAL COURT
Held at Bofton, February the 4f/?* i67^'
I.I>w ARD R A hyS ON Seaacjy,
Order for No-
mination and
Eleftion ofGo-
vemour,Afli-
ilants,& pub-
lick Officers-
T is Ordered by this Court and the Authority thereof, that for rfi
future there (hall be annually choicn according to our Charter, eigh-
teen A ffiftants, befides the Govcrnour and Deputy- Govcmour, u
.manner following, vjz. The Conftabies ol each Town fnai) gire time-
ly notice to, and warn their Freemen to meet upon thtfeconci Tuemay
in ,^^r«7next, who being fo met, fhailpiitin their Votes for Govcntour,
Deputy Governour, and iwsntY AffiftaiJis, with Major General, Secretary
Treafurer an3 Conimii!ionfc<"s of the united Colonyei, ail m diftinft papet^
fairly written, the whole nnmber of twenty lor /iitiilants being to bt- put
intooneLift, cut alraoftalbnder betwixt each n£s>e, which Votes fhalJ fc»
received by the Deputyes chofcn for the next General Court, or hnic
other meet Perfon cholen by the Freeroen where no Deputy is. and fcakd
up in the prefence of the treemcfi • and the Dcputyes, or other pefloris
chofen for that end, are to bring tin (aid Votes to Bofion fo fealed up, t j
tbcCourt houfebyoneofthecioi..k. c-n thcMunrlay before the EJcQion
day, onthe penalty often poundf fo" every Pcsibn that doth neglfctt fo ap-
pearing-, where in the prefence of the Govtiiiour, Deputy GovciOvoiir atsd
Ailiftams, or fo msiiy oi cheo" a£ ijvu i;| ,>j then prcieiti'.. the Pro ^yej.- ihall b^
opened and iorted forthwith bv cht !?erfonsSGaff<:'(S4liSed,, ?.nd to kept dl-
ftindt, fcalcd up and ni.ai.t>ered;, witn 'he «;■ tat; of ''.n%: i- ii y on "Mc backlldg,
(viththenumberoi Votes incioied till *.Vednet.aay, when 'Jh.tic Freemesi
that have not Voted by Proxy are reqsjwed to appear at the Cv^urc Houfc
in Boft^on aforcijid, by feven of the r'ocfc in the mornings i<* hring in their
Ystesfbr EtcftioiB of GovernouiTj Deputy Covciao'jr? Aiiiibnis :-:r»f other
o-zs ________
TyAir.g ivkn. Caprains Cotnraiflion-. yj
CHicers that arctNcn tobc chcJcn :ic'-cr.^;n3roChart'--.n Papers .^
aforsfaid ' all '.^hich Vore? are co be foried and nja-^bved with the kToiycsi
And\he Governour and Deputy GovciTi3i'.r being chcfen and proclaimed,
rhc eighteen that have moft Vctc5,sre to be proci'aisr.cd Aruftants for the
Year enfuing, and other general 05cers to be chofen as foimerly. Alfo
iris Ordered, that every Perfon admirted to be pref.rit isaoove, stthe
opening and numbring of the Votes, (hail before they enter upon the Uid
worK, or bs admitted to be orefent thereat, take their Oatlies to deal truly
in the truft committed to them as abovefaid ; this Law or Order to Hand
for this year only, as to the mannsrof Gioics-
'r TT rKcreas you A B.C. are appcimsd and betruded for the opening
V V the Proxies fent in by the Freeraen, and receiving forting and
numbring the Votes for the choice cfGoveincur, Deputy Governour, AC- >^,j^ux v 3,1.
fiflants, and other publick CScers of this JurisdiQion, to be chofsn on the miniftred to
Eleftion dayj You do nov; {V/ear by the Name of Almighty God that you thofe that for
will deal truly and uprightly therein asalfo that you will not either direft and number
ly or indireftly difcover either the perTors or number of Votes until the '^^ Votes.
EieOion be ended, £0 hdp you Gad-
The Cev(r»our and Company of tks MallacnuJets Bay ;'« New- England.
To A. B. Caf!ii:n.
T7T7Hereasyouare appointed Captsinora Foot -Company for the FormofMiliv
V V Service of his Majef:'/ in the Town of B. in the Cou/ity of E in go'i^Sor
the Colony of the /i^^/.if/rvMvj^-i; Thefe are in his Maic-riies Name coAu- rnuutu> ,„,/-
thorize & require you to take into your carc& condua the faid Company, uniu
& diligently to intend that fervice by leading ar^d exercifing your interior
Officers and Souldiers in peace and war, ccnnrear.ding them'^to obey you as
their Captain, and you to obfervc and obey all fuch Orders and dtreftions
as from time to time you (hal! receive I'rcra your Major, cr other Superios
Officer, In Teftimony whereof^ Crc.
3T is Ordered by thi? Coiirt thnt rvcr-/ pafro ler^.IJy chofen in any
Town within this Jurisdiaion to fo-veinthc OC-ce'of a Tything man
according to Law, and do rcfufe to t.^kc his Oath Oiau pay as a Fine to the Addition to
J own forty Shillings^ and another co be chof:;:' ii ;;is room for that year, theLaw ofTy-
and fo from tifne to tine the fame co-rfc is to bs obfcved in all Towns, ii'wg-mer!.
And turthcr, h js Ordered, that the Ccna-r.ble of csch Tor.n from time to
tunelhall Ailiftthelyjhing-meninthe Execution of thd? Office, being
tnereunto defired by the faid Tything men or any two of them.
^ I N I S.
CommiJfionS' Buildings,
SEVERAL
Laws and Oraers
^SMiadeat thefrfi Sefjtons of the
GENERAL COURT
ELECTIONS
IleU £?f Bofton, May ipii, 1680.
^od publHIied by their Orderj
Edward Rawfon Seer'-
S <mExpU:ncilcn cfthcOrLrj' cfthhCcir: mads in Fepmary
!e,f,refpiiiirgtLii Fcnsof /^^dilcry Oscars Ccmmijpons^
K^^cf^Mi /\ Tf^is Court d3i^.decbrc, that th2£ Grdis intends, not only
litary (peers' "^ J»- al' Commi.^isjr.i ftJIcviTLng, but alfo preceding the fame. And
CotmiJ^attsJif it IS hcKby Ordered, That the Secretary doe idue out, when
Frccedewj^c. thevfliailbe demanded, new Ccmraifiions to ail former Officers in the
faidForm. And that the precedency of Captains goe and be according to
their former Setilsment.
TbeLiVJ recui'
ring Buij£)^t
10 be Sricl(_ or
Jfon^ id Bofton
fuffendei for
N anfner to the Petition cAkKcrd cf the ^n^:?.bit^nt5 of Boflot, the
Court confidcriog, [he prcfcn: jnabilir/ of many Pcrfons that have fuf
fcrcd ^rcat hh h'l the Inte Fire, to rcbsr'^' v;'::b Brick or Stoncjjiido-
-^etn it tnccttofufpend the csccutipg and profccuting the late Law
T^it- Nev BuHdwgt in '3oRon to hi Lrtcl^cr St cKc^ $or the fpacc of ihree
years only, when it is ro be in force, and ail Perfons are required then
carefully to attend the fame. //
1"~T is Ordered by thisCourt ardthe Au'fhori.ry tlictecf, ThithEnce-
forth the new Mcafures ths? are now ccmc c * ot f'. 5fn ifngiarid by Mx, Vcj
fhall be the Standard for this CoSony off the N^Lfisdmitts, A'^iich la^d fiici- St£idafd}(}r
furesarcofBcU-raettal, the half bufhcl and •^JK^I'eck fcr inc^fai-ng of ^•^^w^^-
Corn, and other Grain, and Salt &r . Ard nl^ on-e Quart, ar.d one Pin:
for Bcrr or Ale, V7hich are attefted to by DzrJtl /y!.-:,-!^ F-ccpir of Guild-
H?.'!, of the City of London, Yeoman of the Chamber thereof, and Sizer
and Sealer of the Weights and Mcafures, to be juft and right according to
the Staiute for rneafuring a^icd Ff^hchtfier Meaf^ire : together with a
Standard of Brafs to Size a Yard and an E!l ; And alfo one Gallon, one
Qucirt and one Pint, being Wine Mesfures according to the cuftojne of
London •, And that ?-ll half Bulhels and Bulhclsfli?,!! be fized by rfits half
Bu/hci, and all otlser Meafures (halJ be fized by thefc other Miafures be-
fore eiprcTed : And chat the Country Trcaforfcr iffiie forth his W&frantv
forthwith fc the Conftable of every Town in this Colony, to bring in all
the old Standards orcbcfeveral Towns, to whom the Treafurer fliall or-
<3er, to be fized by the new Mcafures fiow sUowed and approved of by this
Courc, v.'ichin one month aft'crPiiblirsrion hereof.- And that henceforth
it fh.^!' r.ct be I;; wfulJ for any Perfcn whstever, to buy or tell by any other
Mesfurcsihcn vvhsr are allowed of, and fealed by or according to the b-
bove£id Sts.P'ii.rd uvda the Penalty oi five pciTos to any PerTonthat (hal
fo doc, tb^ ene h?Mio the Informer, and the ether h?!f to the Townthey
belong to-, and if any Town or Ccnftable thereof ftja!) negleft their duty
fierein in not bringing in their Standards to be fcsled according tothe
time pppoiaced, they /hall pay as a Fine to the Country (en Pounds
M
Liii the fi£7v Seal for thcfe mcafures fliall be r.^
FINIS.
Mafiers cfVsJfels, Troopers.
17.
SEVERAL
LAWS a^-i ORDERS
Made at the fecond SESSIONS of
The General Court
Hdddt Bofton, O(5lob, 15, 1^80.
And PubliOied by their Order.
B(h>ard %^'Vpjon Seer*.
T is Ordered by rbis Court and the Authority thereof, That henceforth it
fhall not be lawfull for any Ship, Sloop, Ketch, or VcflTe! of more then twelve ato Ma/kn of
Tunns burthen to fail out of any Harbor or Port within this Colony, or refeinoearrj
entertain on board thereof any Paffenger or Paflcngers, or any Servant °'^^-'^b^l^^
Negro, without the Permit oftheGovernour for the time being, orfuch as ""
he fhall appoint to that truft, on penalty of twenty pounds Fine to be paid by the
MaRcr or Skipper of faid Ship, Ketch, Sloop or Vef&l that ftull be convifted of
tranrgreffing hereof, and fhall be liable to fatisfie double damages to any that fhall
beinjuredthereby, to be recovered by an ASion of the Cafe.
THis Court hdng tnformidofthe n-iat Jeftciercj gtncraUj found am at)^ the
TroDftrstfome in one kindfomein othen Szr and for prevention of future mifiaksi-
in the Law, Tit. Charges publick, wherein Trooper: claim ahatcmetit at to their Per-
fans and Harfes he'in^ exernjnedj
It js Ordered by this Court and Authority thereof. That henceforth all
Troopers (excepting only thofe who by the firft Law A»io 1648. were allowed
five fhilling5 a man, and the abatement of their Head and Horfe, which is only to rrt'op^rs Tri'
be underflood as to one fingle Country Rate) fhall pay for their Heads and Horfes ^^^^ ""^i^'
to all publick Affeffrnents as others does any Law, Cuftonic or Ufagc to the con-
trary notwithflanding : Provided, that fuch as lifted themfelvcs upon the account
of that Privitedge hereby abated astotheir head and horfe only, (hall have free
liberty to difpofe of their horfes,and liflin the Foot-Company again.
aS It
78 NcmiriGiiort cfMap/fratet.
ITisOtdcred by this Court and the Aarhority thereof, That there fhali be an-
onallychafen cccording to our C-'Tpt eighteen AfiiftantsbcTides theGover-
nonrand Deputy Governour, in raarmer following, The Conflables of f 3ch Tovth
(ball give timely notice unto, and warn their Freemen to meet upon the fecond
TuefdayiriMarchycarly,whofliall then put in their Votes rn diftinft Papers for
fuch Perions being Freeinen, and refidcniinthisjurisdiaion, whom they defjrc
tohavechofcn for Magsftraresor Afiiftantsat the r.txt. Court ol Eliaic, nor
cKceeding the number of twenty, & all in one Lyft clearly didinguifhed.- S<vq
Freeman. 'hall put in above oneVote for one perfon under the penalty often pounds
for every offence. And the faid Freemen fo met, or the major parr of them, fh^ll
then and there appointOne to carry their Votes fealed up unto their Shire Town
lamination tS up^f, tf^g \^j^ Wedtiefdav in March, at twelve of the clock, which Perfons for each
'^•^f^T' ss'^' Town fo a/Tembled fhall appoint two of themfdves as CoaiRiifTionexs for eath
g//nj s, • 5f,jj.g^ Ham/hire only excepted, to carry them unto Bn_ff:>; the fecond Tuefday in
^i^^ri/ at nine ofthc dock in the moriung, there to be opened and pcrufed ir. the
prefenceof the Govcrnour or Deputy Gorernour, or fo nriany M^giOrates as
pleafe to attend it , otherwife by thofe Perfons that brought them, at the Town-
houfe in ^«;*o», orfuch other place as the Commifiioncrs for .5 jjfo/i(^ Ilia II ap-
point. And all Lifts that exceed twenty, or have one nn.ans name more then once
fhall be thrown avi-ay, and thofe twenty fix who have moft Votes fhali be the mra
(anrt they only) which (hall be put to Vote at the Court of Election for M.ig:-
ftrates or Afliftants asaforefaid; and the faid Commiflioners of each Shire ilr^U
forthwith fignifiet</ the Conflabies of the fe^'eral Towns within their Coi:n:y-,in
vvritingunder their hands, the names of thofe twenty fix perfons aforefaid. \\i:h
thenumberof Votes loreach, which the Conftable of each town (hall fignifie to
their Freemen, and as any have more Votes then others, fo fhall they be nomina-
ted for Eleftion, except fuch who were Magiftrates heretofore, who fhall have
precedency ofall others in Nomination onrhc Eledion day.
It is further Ordered, That the Conftablcs of each Town fhall call tcgethei
their Freemen on the wednefday next before the Eleftion day, from year to year,
when and where fuch as pleafe may pur in their Proxies for Elcftion, vjz. ol Go-
vcrnour, Deputy Governour, and all other publick Officers in diftind Papers as
formerly, and for twenty Affiftants to be chofen out of the twenty fix perfons in
Nomination, by Indian Corn, which Proxies fhall be fealed up with the nam; of
the Perfon written on the paper, and delivered to the Deputy of the fard Town,
or fome other meet Perfon chofen by the Freemen, who fhal! bring the fame to
£olion on the Election day, when and where all the Freemen who have not vcred
by Proxy are required to appear al the Court houfe by eight of the clock in the
morning, to bring in their Votes as aforefaid^ where the Votes of the Governour
and Deputy Governour are firfl to be opened and forted, and the chofen pro-
claimed,& then the Votes for the twenty Ox perfons chofen by Corn to be opened
and counted, and thofe eighteen who have moft Votes are to be prociaimcd Aftj-
flantsfor the year enfuing, and all other gensr:,! Officers to be chofen as for-
merly. Moreover,3l!i:hc Votes that are brou-r^ht in for Nomination and Eleftion
Ihall be brought in by the perfon voting, or fent in by the Deputy or the Co:ifta.
hie of the Town where fuch perfon d welJeth, or otherwife lofe their Votes : And
if any perfon betrufted in this Order fhall fail in difcharge of his truft, he fliall
forfeit ten pounds.
It is further Ordered, That the CommifTioners of each County before they
open their Votes, and fo all that arc r>dmitrcd to receive in fort, and count the
Votes on the day of Elefiicn, fhall be uiider Oath as the W, year.
rh'ti
Cat:!e RatcJ. Gagerj. Clerk/ 'f'^' ffr'uts. 79
THii Court l>e!>i^/eK0if)that Ptrforiix'vlso belong ta othtr Calories or Plantat'uej
dee h their bringing tnto this Calanr^or (tiling to the Inhabitants thertof their
NeatCatittf Sheep Horfes and S^jf^nt, ihcrebj fitting up our Market, and inc up a-
citjtivg our ovn Inhabitants to feS vhat thej breed and raife and {mj Duties for ^
Xfkertbj mdch of our money is exported contrary t9 our Law, and no altowanci «
tnadeto this Colony for fuch CattcltHorfes, Shetp^&c,{or fnvtmivi if bsreof for
thefature.
It is Ordered by this Court and the Authority thereof, that henceforth for
all Neat cittel, Horfes, Sheep and Swine, whifh (haU be brought into this Colony
by any Inhabitant of the other Cdonies, or by any of this Colony going forth and
buying any or all ot'the laid kinds abore mentioned, the faid Perfons fhall pay by - . -^^j^
Way o( Rate in money to the Treafurer of this Colony for the time being, or his
Order, ihcfe following Rates, vit.. for all Corts of Neat Cattel,Two Shillings and
fu pence Pf Head i for Swine of all forts, One Shilling Prr Head^ for all Sheep
or Lambs, Six pence Pfr Head, and foraHHorfe kind,_ two Shillings fix pence
FerUesd. And for the true and well effcfting thereof. It is Ordered by the
Aut.'iority aforefaid, That all forts of Pcrfons whether Vendor or Buyer of any
brail the kinds above expiefred,fhall,& are hereby obliged to make entry of ail or
any ot'the faid kinds at the firft Town of this Colony through which they fhall or
may pafs, onthe penaltyes hereafter cxprefTed, vir.. for all forts ofNeatCattel not
fo entered, forty Shillings /"fr Head, Horfei twenty Shillings Pfr Head; Sheep
and Lambs five Shillings /'^r Head ; Swine ten Shillings, /'cr Head inmoney as
aboyefaid And it is further Ordered, That the Clerk of the Writts of every
Toivn, or fuch whomthe Treafurer of this Jurisdidion for the time being fhall
appoint in every Town, fhall be the perfons. and they only, for making of fuch
Entry es, and for receiving faid Rates, all which Entryes fo' made by any of the
Perlbns fo deputed, (hall contain in them the number of each kind, a true Copy
whereof they Chall give out to Vendor or Buyer under their hands, of any or all
ofthefaid kind, which alone (hall be their fecurity in paffing through any of the
other Towns of this Colony, w thout being liableio fcizure of any or all the (aid
kinds by any perfon or perfoHJ whatfoever. And all perfons authorised and im-
powered, whether Clerk of the writts, or any other whomthe Treafurer of this
Colonyfor the time being fhall depute, fhall makea true and juft Entry of all fuch
kind in a Book, and fland obliged upon his or their Oathes to make a true Return
to the Treafurer of this Colony twice in the year-, andall Fees for their Entry
fhall be three pence for an Entry, and three pence for a Copy, and paid by the
Party, and twelve peace in the pound out of the money received .• and that every
Informer upon atjy defciSf therein, profecuting to effeft, (hafl have one third to
himfelf, the reft to be to the Country. And this Law to bc in force on the twen-
tieth of November next»
F Or explanation of the Law , Th. Casket Cooper, Gaugsr, Tarter, The Law for
Cask is to be understood of all Cask dry as well as Uqaid :3nd London ^jjlze ^^^^^"}^^
is to be underftood. Butts, one hundred twenty fix Gallons •, Puncheons, eighty cai/ ^Colter
four Gallons; KoglTieads, fixty three Gallons-, Terfes, forty two Gallons- Bar- Ciger^a
rcls. thirty one and an half Gallons &c. And the infpeCtion thereof fhall be) and
is hereby added unto the Gaugcrs Office of each Tpwn, as he is and fball be I'rora
time totime under his Oath for the true performance of theVanic according to
all the Particulars I'pecified in the fuidLav^.
IT is Ordered. That when any Clerk of the writts fhall grant Attachment in a civil ^^^'^lo'ffif^
^ Aftion to any PlaintilTlying in Goal upon Execution for Debt, he (hall require ^'^J^'"^^^
♦Kficjent Security roani'wer the Defendants Cofts, as iq cafe ef Strangers. ^""''
F I N I $.
20-0:
eAtaSelmmofibe
GENERAL COURT
Held at Bofton the^^- of March
i<5 80.
WHcrcasforac Pcrfonsonra'func'crftanciirg of the Laws for
merlymadj againft leliing Arms and Ammunition to Indians,
have been ready totranfgrefs in thjt niatrer. This Court
therefore fees cauie, and doe hereby revive that Law Tit. In-
di/ir.s,St?l.2. ftrialy inhibiting ail Perfons from Giving, Selling, Bar-
tering direaly or indircftly , Guns, Powder, Shot, Lead, Arms or
Ammunition to any Indian whacfocver, or mending or repairing Guns
€^f. as infaid LawiscxprefTcdionthe pains and pcnaltycs therein con-
tained, any Law, Cu'.tomc or Ufagc to the contrary notwithftanding.
Provided ahvaves, that it Hiall be lawful for our CommilVioners ofthe
Coionyes.for the time being, by Note under their hands, to allow to
our fj'icnd Incianfrfor ncccfiary ul'c, fmall quanrityes, not exceeding half
a pound of Powdci' to one man. it one tirac, p.ncl pioportionably Shot
or Lead.
8y the COVRTj Edward Ra\'vf on Scci ,
S E y EXAL
LAWS «"d ORDERS
Made at the Sevenl
GENERAL COURTS
Held in "Bojlon in the Years idSo, i^Sj,
And Published by their Order;
Edi^ard %^jon Secretary.
I
MARCH 16. i<58o.
r is Ordered by this Court and the Authority thereof; That the late Law
Zif/s Troopers, madeat the GENERAL COORt ^t thdt 5effi<ms , 13^
OHob, laft, (hall and is hereby RepetJed.
MAT, iu i68i»
TpHis Court taking into their confideration the Law iUta Cattle ratca in 68e»
■ ^fr laft, fee caufe to Repeal the fame ; And ii is hereby Repealed to allRaaonC^
Intents and Purpofesfofarasitrelatestofachas are in Confederation with as. 'tie Repejiol
U ^ep.
88 Cctiftablis, Clerks. Bahrs. wheat, fa^^emcrttt. Execai'iont.
Ccti/Iahict cnaClerkti ko'isio ColtiH: '^utit.
^cfi. -^ 7"^ r Hither Qm^tihki m Towns, and Clerks of the Trained BandsjancJ
CourtJrefirfve y y f^,j,}, j-^^^ Officers as rcay be appointed to Colled R ates, or f incj,
*°*^^^|!jy' arc not to E:tecuroaU Warrants from lawful Authority, forLevyirifi of {'urh Fines
and Clerks to »"^ Rates, if not coranjittd to any former Officer, although due before fufh ConQa
collea Kates, b'?. Clerk, or other OfBcer were fworn.- The Court rcfolves this QyclUon on the
^affirmative.
Loafs recti, B Albert.
OCTOBER, nth. i68r.
JN Anfwer to the Complaint of the Loaf-Brtad Bakfrs. It is Ordered by thh
Coiirti that the Freemen of the Town of -gj^aa, and fuch other Zowns as ftiaU
have any confiderable ufc of the Bakers Trade •, (hall Annually, or ochei wife as they
Hiail judge beft, make choice of three or more a^^'iPerfons in tbci." own Town, to
inquire into the middle price of V Vheat, how It is fold by quantities, and they or the
major part of them in fuchTcwM/ agreeing thereon, ihall publifh to all the Loaf-
^'!*'" '^P" Bread Bakers, and Qcrks of the Market in'rhe Town, once every Mo;:ctli.or as ofrcn
^j.'^^^^^^^^ a^lhtyke c!Luie,tbe middle price oi VVheat : At which price the faid Dakersftiall
* bake their Bread for the foliowiryg Monetb, or until a new price bs declared .-and
meat'* ^^'- ^^^ '"^'^ ^'"'^^ ^^ ^^^ MarKct do meet with crufty and ftafe Brc-ai they (hall
no: i3ke it away, as forfeited, ejcept it want one fixteenih pars of the v
^efl. \r\ rH'thcr a Jadgg'^ient granted by a County Court held by Adjourn-
o'ourtsrefolre V V mcrt where a flated Court hath intervened in the fame County.
astotheQue- though not in tbe fame Tcwn. be Legal : ThtCourt refoives this Queiiion on the
Bion about KJea^ive
Judgement. ^^S^'V'^.
\ r\ 7"^" 2" Obligation is put in Suit wherein perfons ftand bound joyntly and
V V feverally, anil Judgemznt comes thereupon: all being named in the Pro-
cefs; though but one Artaciied; whither JutJgemcnt ought not, according tc the
form of the Prccefle to be entrcd again f> all and c<ther :
rhe Court Refoives thisQueftion on the Negative .- for thatEaecution ougM not
to go againft any Perfon not Summoned to Anfwer.
?;'hen Judgement is granted againft a Perfon.and he dicth before Exccutfonl^e taken
cur; whither that Judgement do not ftard in force againft his Heirs,Execuco>rs, or Aci-
Sr, f "fl-*^' miniftrators & whofoevcr of them h ? r.Cmrablc in Law. and Execufon to oc gra ntccl
outor,adead»g^'"'^^^«:^'E--ccutorscrAdminiftrotors, &c. The Court refobcs this Qucftionon
TT^sEllate. the AfBrcr.arii'c, and to prevent snconconvenu-nce or vvrenQ lo fuch cftatcs, the per-
fon agimft whom the Execution ccics (hsil bava iibwr/ to revaew the fasus.
K 'kn and Tr/^Ai , 89
I N D I ^ ^"^ ^-
tTjs Ordered by eHs Court and the Authority thereof ; that all hditins that be-
1 lone to this J^^rifdiaion except Apprendcesor Cover-ar.t.S^rvantsfcr years, are to
live among, & under Governaien t of the Indian Rulers of Ni:itc!^ ^ Punki-pang osr Wrf-
«,/?r,v.hich are r'.-es a!iowed by this Gourt.aDd appropriated for the ;«^/<:«/ to live
jn-where there is Land fufficicnc :o ircprove fcr many Families iiwre .nanare cf thera; ^^jtei^dians
and if anyfhallrefufctoccnnpivwiihthisOrder.Itisref^inrrcd to the bi'cS men of '
every Town, by Warrant under their hand, to fend fuch Indi.-^i qi _ It.ouns to the
Houfe of CorreftioQ or PrjfoR, unti! h-:: or they engage £a cotoply u^i^ stiis Order.
February i^. i<^8u
FOR THE SATISFACTION OP
HIS MAJESTY
And the better Regulating cf ihe N^yiGAflON and 1 RAD S
of ihis JV RIS D ICT ION.
And in PnribaRce ef 3 Lai? made OEioh^r the tenth One thouland fix hondred
fc vcnty fcven. Referring thereunto-
NAVAL OFFICE.
ITisOrdu'edand EnaaedbythJsCqurtandthe //uthorit 7 thereof, th*? ;he Alk
of Par!!?.raenr made n the twelfth year cf Hie Mr.jcflics Reign, Enut.ikdzvi Adt
for encouraging ind cncrea: Tig of Shipping and Navigations and the /^ft made in
LhcfiveKenthyearofHis Afojcfiies ?\Cig;n. 'Entituhd &n A&(ot the encouragement ,,
of Trade, be forthwith Publiihed in the Markei Place fn Bofton, by beat of Druna 3 ,
^nd that all Claufes in faid ^ft Rclacmgto this Plantation be ftriQIv taken notice
o^ and obfervcd, as fatd /f ft; Require!
It is furrher Ordered by t^c >^uthority aforefaid, chat a Na va! Office be forthvTJth
Irefted, and fettled intheTownot 5j/?(,«,for theEntringof Ships snd other Vtf-
fcls, Oucward an 1 nvvard Bound, for thtcc:!;ingcf Eonds, receiving and granting j^gvai oft&
Certificates for their CIcaring,accordin2 a? ii ftid Afts is direded .- And a!! Com- EreScd \a s^x.
rnanders and Mailers of Ships and ciherVefTeljarercquired to take notice hereof,;*'"' forEatrmg
and to nuke the r Entries, to give Bonds and receive ?.nd prodjc: Certificates sn faid Bonds, receiv-
Office as thc^arercrpeOivelyCoacecnei, 00 the penalties in tlie aforefaid Afts of -"I^Jj^St^
Parliament eij-iwic.
Pro rid ed
90 ^ Aval Officers Otnh.
Providecl, Rich Ve/Tels as parstosnd fro within our HorboBrJ, or Rivers, fliall
not be Obliged to£nttr, and give hcwl cjsbovcfaid •, nor fuch Vefielsispafs frcm
Port to "Fort on the Main Sea, ontheCcaPcof ^erf£r.^/axd-^ Unlefs ihcyjaAejn
for their own Stores, and Trade in forr.s of His M^jefde: Colonies in Nn^-Z^.
gland more then one Tun of each of tlie Commodities enumerated IB faidAfls.
AfjJ for the due Sx'cution c( faid Offid I
rfiwrj Kit/el It is Ordered, That )''"»''/ Hupl Ef<]r. -who waschoftobylJiis Courr, Jansttry
£[<! OScsrin the eleventh one thoufand fix hundred and eighty be the OfEcer.wbo fi7a]I fave Com-
Svjfcn. miflion under the hand of ihc Gcvcrnour,cr Secretary, sod Sttil of the Colony,and
be Sworn byfaid Govcrnour tothc faithful Difchargc of the fame ; vvhich Officcrfo
Authorized, fhallkecp fair Books of al! Entries, Certificates and Bonds, which fhall
alwayes. beliableto the view of any Officer, cr other Pcrfon that may inform of the
breach of faid aQs; or other Laws in purfuance thereof, crreferringto the Trade
of this Jurifdiflion.
Bets), cerrijh ■^"'^ for the greater cafe of the Town of S^lem tini adjacent Forts, Ptnjamift
Nuial Officer Cirfi/h is appointed the Officer m the Town of Sa/em ; who fhaii in lil>e manner be
aiSilm. Sworn, and fhali make Entries, take Bonds, and receiveand grant Certificates, as the
faid Officer in BoJIoh, is obliged to do ; & fball alfoonK in fix Moneths Return fair
Copies of ail Bonds by him taken, unto faid Officer in B^yfon^ who fliall in like man-
ner from time to time, once in fix Moneths d*;liver fair Copies of all Bords to the
Clerv"of^^ Governour: andfhall reteive for his Service 7efcjr?ng to tbePrcmifcs luchfces
U'QntjrCo. as by Law axe allowed lo Recorders and Clerks of County Courts.
And for the Govcrjiours Signing a Certificate for thfiStC'wJIng iheFeefhaDbe
signing a. Ittsfurther Ordered by tTie>^utborltyaforefaid, tiiatif any Perfon fhall defire
cerifiita** andobtein a Special Court for the Trial of ^ny Caff rtfetrirgto-the FremlfVs, he
(hall give in ufual Cautron to refpond all Cofls, before Warrants be iflTued forth,
toafTcmbic faid Court and Jory ; and if any perfon be damnified by fa-Ifc Jnfor-
jnation, wrongful Searching, or feizing any Goods. Ship, or other VefTel, he may.
Recover the fame by an yiOion of the Cafe, in any Court or Courts of Judicature,
according ro the ufoal courfc of Law-
jinifsr the Encouragment fff his Majejitcs Officer or Officers, and aU Jxforaeri t
It is'hereby Declared, That faid Officer orQfiice/5firo3 Infcrtners. fhall from
time to time be aided and affified by all Marft-jals, Ccnflables and other Officers, by
Warront from tbe Governour, Deputy Governour, or any MagiHrate, In the pro-
fecution of the breaches of faid^^ftsof Trade and Navigation.
N viloffr \7\Tf^(rC'ifyou J, R. an Chgftn Ylaval Officer for the frvcral Ports cf thf
Oath ^ V V MafTachufcts Colony, <j«<i/>(jV£ r^rawii aC(n>irr>iJfton from ike Cover wur
/Ai CompaH^vf {aid C olon^ for the Execution oi that Office, You do SwfciTf by the
Great Name of the ever living God, that you will carefully ard dnely attend the
Execution of the faid Office, according to the tenour and true intent'of yoyr Corrir
nuifion, and the Laws of this Jurifdiftiop, Sobil^jovGod.
ive'^ikr
Weights. 91
W B IG Hr s.
r' is Ofdered by this Court and the Auihority thereof; that lienccForth the new
Brafs Weights^ that arc lately come from EngUnd^ and have been Sealed at the ^ . -
Sxchcqucr in if^e^rMlttJter as appears by a writing teftimonial under the hand of Mr. '•^'^'''^
fohn Lo^^ and Mr. WichoUt Stuart principal Officers there and Sealers of the faid
Office, are jurt and true Averdupoifi VVeighcs, fuch as arc ufed in Loncion y divers of
which are Bell-fafhioned, viz. one fifty fix pounds, one twenty eight, one fourteen,
cnefcven, one four one two, and one pound ^ the roft arc flat Weights, and are one
half pound^ one quarter, one eighth part, and one fiAtecnth, or Ounce; aralfo one
half ounce, one quarter of an ounce, one eighth, and one fifteenth part of a 1 0unce,
(hall bethc Standards for this Colony of MaCiachufett ; by which all other Weights
are to be Sized .• and that the Country Treaforcr iflTue forth his Warrants forth-
•with to the Conftables of every Town in this Colony to provide at their Town charge
alltheabovcfaid Weights of Brafs or Lead, by the tenth of Maynexn which are
To be brought in to the faid Treafurer, or whom he fhall apoint, to be Sized and Seal-
ed by t^eafore^aid Weights: and henceforth it fhall not be lawful for any Perfon
tobuyor fell by any other weights, or Steelyards, but fuch as are Sealed by, and
made agreeable v^fiih the aforefaid Standard ; and the penalty of fuch as negleft, or
aS contrary to this Order fha!l be the rame,and difpofed oi according lo the Order of
this Court, made in Ma^ 1680. Title Meafures.
IT h Ordered by this Court and Authority thereof, that the nth. Scftlon of the
Capital Laws title Confpiracy. Rebellion : and the > %th Seftion of faid Laws,'»>/?
Rebellious Son, and alfo the Law referring to Cbrid maft. Page 57, 58. and the word
{Common'tfealth t where it imports Jurifdiftion, is hereby Repealed J and the word
jttri/diSion^ is hereby infertcd.
If
pz CtmfpirMy.
CONSPIRACY.
IF 3ny Man Confpireand AttfeiDpt3nyInvafion,Infurreeior,or PuMkk Evi*;!'-
\ion agiid^the KINGS Majejty^ His Governinent here eftabliflied, or ^hai! en-
deavour to Surprize any Town orToiTOS, Fort or Forts therein, or ihall trcr.tb^'
Toufly and pcrfideoufiy attempt the Alteration, and Subverfion of our Fraras of
Polity or Go vexnmoit Fundamectally, he iliail be put to Death.
&^^MiMiMai JMMMMifeibtifcMii
f I j<i r f.
aosa,
A T
GENERAL
A
COUR.T
Held at Boflon ; ^^ay 14.'*- i6Zi,
T
\Hit Court taking Into eonltiefctten the frtquiVit E^
portation ef cur New EngFand Coyne pnt of the Country,
\therihy Commirce end Trait it very mueh ObfiruHeJ^
As an Expedient to l^ep Money in the Ccuntrj i
It is Ordered that all Pieces of Eight, as T I L L A n^
SEVlLy ajid MEXICO Coyne, that are good Silver,
thall pafs amongft us as currant Money of Nero EtgUnd accor-
ding to their weight in the prcfent NeV'En'land CoynCi
By the Court,
Edjpard ^w/on Secr^
SOSTd
Mjrlntn.
95
LAWS
Made at the fecond SES SI ON of the
GENERAL COURT
Held at "Bo/tony OBober ii. Jdgz.
And Printed by their Order,
Edn^ard T^Jon Seer*
FOR the Tr'.vcntlen of grai Trouble end Imcnvemence that
often htfals Maf^irs ay.dComV'cr.dcrs of Shi^s and other Vtf;
^els by rcafon of thiir Mci'nnr.ir.g themfchcs ',::to Debt to fc
vcfiil Pirfons in the Ports vhcn tkcj arrive, and not biirg able
te Dtfchiv^e their faid Debts., nre nfimincdor impTifc»(d for the farife,
io the rreat hindrance and prejudice of the Cowr/ianders and Owners of
fuehShip or Veffel'.
Iris Therefore Ordered and Enaded tli^t ik«r the Publication
hereof, DO pcrfon whatfoevcr do TruQ or give Credit to any Mariner g^.,^„ ^„ ,„^.
or Seaman belonging to any Ship or ot^'^er Veffel, arrrjing frorr for- riners without
Teign parts, without the knowlcdj^cand confenc of their Marter or confent of
Commander.- nor (ha!! anv Frocels or Attachment be granted againft ^r^'^pjl^^'f
any Seaman or Manner for Debts and Engagements made as afore- ^^^^ '
fjid : And if throughany carelcfncfs, ormiftaketn any Officer, any
lach Proccfs orAtuchment be gra;itcd,ic (hall be cfteeraed void in Lav
X A3-
no credit to be
given to Ma-
94
Attachments, Idlo Perfons, Pieces cf Eiglt,
No Attach-
ment againft
Shiys or Ma>
fter arriving
from forreign
parts; nor to a
Stranger a-
gainft a Stran-
ger, before
CsuCipQ-
A J (M AddUlo7i to the Iaw, Title jltinchments :
It is Ordered by this Court and the AsiAoriry thereof, that
after iht Publication hereof, no Snranges iha!! hsve am; Procefs or At-
tachment granted againft a Strzjiger before the Plaintif givcinfuffir
cient Caution or Sec^itity jo Reipond aU Co9s & Dasragesthat fhali be
judged againft himj nor fhali any Ship or other VeSel arriving from
forreign pares J or the MaficrcrCoinmarder thereof be Arreftedor
Reftrained without the like fufficienr Cautioner Security given by the
Plaintif to Refpond all Cofts and Damages as afcrefaid.
T 7- T J Esther the Ccnftadle ofc To}v>- to which ^nj/ P miliar is An-
V V rexed. forth Payment of Publick. Charget, way AB as a
Csnfiabkinfuch Peculiars ^01 he may in [aid. ToVfit} The Court Re-
folves this Queftion in the Affirosarive.
vv
' Hire as there /tre in fnndrj of our To>xni^ and efpeciallyin
^o^on^ matjy Idle Per font tn Families as well as other Jingle
perfonSf n>ho aregreatly^ if not altogether r.egligent in their f articular Cal-
lings : and fame that do no: follo'W any lawful Im^loyment for a Livelihood;
but miff end their Tims and that little Vfhich they earn, to the Imp over i/hing,
if not utter undoing o( themfetves and Families : For Prevention
whereof;
It is Ordered by rhis Court and the Authority thereof, that the Ti-
tbijig men in each Town fhall /nfpeft all luch Families and Perfons.and
lawfbrRegu- fpeedily return their Naires to the Seleft men of the Town where
latingldie they dwe'J, who fhail forthwith recnrnthem to the nent Magiftrate :
Peifons. and ( if in Soficn ) to any of theMagiftrates or ComraifKcners there,
who are hereby Iropowred CO iftuc ouc <A'arroM« lo the Conftableol
the reipeftive Town, to require fuch Per/bn or Family to ivcrk in or a-
bot!t any Itnployment they are capable of in the Town or Plac£ ?;hcre
they refide : And if they refufe to be Regulated ss aforefdld, then to
befentby faid Authority to the Houfe of Correftion, and there re-
ceived according to the Orders of that Woofe, and ke^t to \ivork.'
jind that (uch Psrfons and Familiet may 6e provided for, Ec as Ordered
that all their clear Earnings fhall ( by faid Seleft men, or theirOrder)
belaid out in Necefiaries fuitablefor them or their Families Ufe and
Rfiicf; and that their Wages fliall from time to time be ftctsd by faid
Seleft men,' And if any perfonor perfons (hall think theroielves
wronged thereby, ihey may complaic to the County Court for their
Relief.
At what Rate
pieces oC Eight
topafs.
THis Court on z^f/?-. of May laft taking injo Cohfideration;
the frequent Exportation of our iVfjviJ>t£/W Coyn out of
the Countrey, whereby Commerce and Trade is very much obftrufifdi
As an Expedient to keep Mon«;y in the Countrey, did Order that all
pieces of Fight^ as Piliar, Sivil and Adi^teo Coyn, that are good Sil-
ver, Qiould pafsamongftus as Currant Money of New Engird, ac-
cording to their weight in the prefent New-England Coyn; As an
Ejipbna'ion of that La w : it is to be underftood, and it his hereby De-
clared that thofe pieces of Eight in the Law mentioned ftiall bs paid &
Tfceived atfiR fhilJings eight pence per Ounce, Troy tt^eight : and all
imaller pieces of the like Coyn that are good filver, ihall pafs at the
fame price and weight. This
Canada^ Accadie. Svtyie, Gocdj DarAagidtobtSutvtjd. ^S
T
''Hit Court he'tfig infarmtdiy the Right Hononrdle tU Earl of Fron-
j, tineacCToi-rrnowro/ Canada. ar>A Mcnfnnr de l^ VdWctGovtr-
wurcf Accadie, that/cvcr^Uf tkclvk<,l,itanrs of ri,> Cclony, have ^°;';J'^^J5J
cmmir,e(lI'^tg^lcrttits,tnth(ir7raditig,mAk}''Z "f Fi/^t-indfetchtHg ^^^^^^^^^^
of CoJsn'i[i!i»rht Tcrritoria belonging to the f rcnch ; ccntrflrj to the Trading iothe
Trc.uy and Ratification of tkeArticlisof ftaceCcnclami iil^tcii&Jc PreciiKftsof
tweentbi Cro-»»,of England d«^ France / For the Prtmntion of the ^/J';^^^.^jj^^-
like Practice fort lie future, and the prtfcrvatiott of a goed Corrsfpondtnce ^J^^^^'
ict^eiti our Neighbours of Canada and Accadie abovi mentioned^ and
cur pelves :
It is hereby Declared, that this Court do:h not Allow and . Approve
ol any fuch Irregularities, and thit all pcrfons fo offending are liable
to the Penalties and Forfeitures Provided againft them by the Laws of
thofc CovcrnaitRcs where luch Offences fjiall be commilttd.
A^ an jSdditionto formir Lavn chcut Svitie:
It is Ordered by this Court and the AahoritV tfccreof, that
all Swine going at liberty fhail be ct>nflant!y Ringed fofficiently ro prc-
Tent their Rootings, upon the Penalty of fix ptnce on every Swine, in Swine tob?
Money to be pa id' as a fine^ the one haifto theufcofthe Town where ^',^^°**°f^
fuch Swine do Root, the other half to tbe Informer, to be Lcvyed by ^'
Warrant from the Sclcft men \ bcGdcsaU Darcages done in Commons
or Proprieties, Fenced or not Fenced, any Law,llfagecr Cuftame to
the contraTy^«>^'^"l'fla"ding.
IN Cafe of Damage of Goods w Board nfaof Ship er Other Eiffel jS>'
riving here^ where there is aay need of SorveytPff as h ofriaSf fro-
{liftd:
It is hereby OrJcred and Enafted, that thciofisall tc fuitablc Pti-
fonsappoiotedinthefcvtral Sea- port Inwns of this Jt}tirdi<£kicn, as
Survtyors, who flia.'l be Sworn to the faithful difcharge of that Tnzft,
And be called as often as there is occafion to view fuch Goods as are '^'^^ P^^*"
clamnifitd,bcfore they bcunftowtd, orany.twoof the ra., who arc '^yL^^y^"^
makeaReturpundertbdr handsto thcperfonsconcernedjif they de- ^
fire it : who arc to be fatisfitd by the Maftcr of the faid Ship cT Vel*
ftlthat imploytsthcm : and the Pcrfons appointed to pcr/orm. rhfs
TroAinthe Jcveral Towns, are, for B.-ficH, Mr. ChrifiopherC/ok,
Mcfchn F,ut\:e4t/per, Mr. Timothy Frcat Senior i for Ch^rl-lor^Oy
Capt. fobn Lonf^ Mc. John Trcmi'/^, Mr. £iins Row; for JrtZaa,
h'^.c.febn Src»n,Mt.fchn H^r^^ Senior, C.ipc Rifbcrd Alcre i fof
Aiarhitbsad, Ca.pt. Saivml l^crd, Amhcfc Gale, Richard Reitb. :.nd
for Nc'i^hiiry — — - And the Pcrfons to be appointed for this Scr\ncc be
chofen frcm time to time yearly by the Irfaabjtants of fuch Towns as
atortiaid. tvhohave liberty tom3K«; choict of other OfBcets-
r//
'/<.•
o<J Survijort,Salts o{ LiiKdj Vnlicmfe.i Tnfons.
T His Court doth Order-, ibat no C:curiirey Grants cf Land (hsW
hcncdorth be laid cut. but by lome known able, apd approved
Pcrfon whoo^ this Conn (i\?.^ appoint, who fi.-Ji be upon Oath io A.tl
Lands or fajrhiully ip.tlut v,orh, and make lUlurn urJcr their IiaMcis of clj fcch
siuve^ed°on- Land laid oiit by ilnso, with the Quantity, in a fair Draught cr Fkr,
lyby Survey- togethcrwuh the Quality as near as tfie> can; In purfuancc cf tMs
cxsonOat'n. Order, This Court appoints and allows of Capt. BJi/ha Hutchir.fcfs,
Mr. JomHan Danforth, Mr. fchn Flint, Mr. Samnd AnSrexrs^Mt^
David Fiikt Mr. k^'V/mw C<»rr, Mr. 7'>/fP^ HtivUj, and Mr. Sumud
Mar/hfitld to be Surveyors, any one of them to lay out fuch Counirey
Lands as any pcrfon have hnd, orftiall have Grams from this Courr.
And the faid perfcns flial! take this following Oath at fome County
Court before they aG in Surveying any fuch Land.
Surveyors
Oath.
Court to any Perfon or Pirfons Vfithin this fxrifdiElion ; est-.d ptcfuKt a
fair Draught and. Plat of fi:ch Land to this Court ; thcrcn>i:h artifyir^g
the ^jtaliiy,at mar as yeu can undirfiand it^as nell at the Quantity offtxh
Landfall which pu P>xU mak^c Jittiirn of to tlm Court undur your bonis
So heJpyouGod,
^J\jHsrttishofte» falUoutithat Ideamakfi Bargains and Sdss
owert?!L V V o/" Land, ana romctiwis receive part or ail the p.iy for the
power Heirs) for^f ^elcre the Deeds of Sale are per feBed according to Law > the Granted
Executorsand confiding in the pdili(^ of the Perfon that fdUi and after tha^ the Grantor
Adminillra- dies-
tors to make jj jj hereby Ordered and EnaGcd, that it ftiall be lawful ard in the
DeedofSale po^gfof the County Court where the Land lies (the Bargain btjng
^' legally proved to the fttisfaa'on of the Court ) to itnpowcr the ness
Heir, or Executor , or Adffliniftrator to the Eftate, to Draw and
Sign Deeds cf Sale for the fjrae.
IT is Ordered by this CouEE and the Authority thereof, thstal! Itji
forJicrs of the breach of Law by Unliccnfed pcrfon cr perforx
vjhatfoever, to any Court, making proof thereof, fhal* hericeforth
have one clear Tiurd part of the Fine Impoftd and Received for fudi
Breach.
N
aoe^
A M
FOR REGULATING CONSTABLES PAYMENTS,
And lor the Rating of Unlmprovecl Lands ^ and Relating to
Troopers, Made at the fecond Selfion of the
Held at BOSlON^onob.ii. 1682.
Edvford Ravfon beer'
Hci'ta it is informed^ that feviral ConfidUt have
not made up tmr Accompts mth the Treafurer;<w</
that thsre it mucb of the laji Years Rates jet
unpaid ;
This Court doth Order, chat what is fo unpaid, be paid in accor-
ding to the valuation of all forts of Can made this prefcnt Court.
asoio
IT Apptfft^g •* Grievance t,mong ns that fatdry Cintlemin, Merchants
and othtrf, having great Tru[ls of Lcndy hounded out tc ihem in Pro'
priftytpay not to Publtck Charges •, althongo they have j con^deYabu pnfig
tothcmftlveshytheantinual Ripof the eJ^iitiMe ol faid L-atiis'. For ihi
Eafing Vphereof ■,
It is Ordered by this Court, I hat all Lands circunftanced as is above
prcmifcd, ftiallin theLevy nowtobe raadeby this prclcni Court, for
payment of the Countiey Debts, pay unto the Treafurer of the Coun-
trcy two /hillings Money for every hundred Acres .• and in like propor-
tion for ic^er quantities.
ANd it is Ordered, that the Selea men of every Town and Peculiar
within this Jurifdiaion,foai:time in the Myncth of Novtmber
next, (hail AfTefs all Lands within their Town bounds, liable to be Ra-
ted by this Order i Andalfoto Aflcls all Countrey Grants of Lands
called Farms, belonging to peculiar perfons that lie nearcft unto fuch
Town or Towns i and to draw up fair Lifts of the laid Affcfstnents,
with the Names of the perfons, and Quantities of Lands AlTcflcd, and
Deliver the faid Lilts to the Con^miflioners chofcn to examine this years
Rates, who arc required to meet at the Shire Town, thefecond Tuefaay
of Dic^ruier next, who arc ordered carefully to cxa^^ine the faid Lifts
and AlTcfsraents, and tranfrait the fame with ail fpeed to the Trcafufcr
of the Countrey being perfeiied and fubfcribed witK their Names .• And
the Treafurer is required to iiroe forth bis Warrants to the Conftabies
of the fevcral Towns, to Colle<ft for fuch Lands as lie in their Bounds ;
and to the Marfhal Generator Marfhal of the County, to CoHed for
fuch Lands as lie not in any Town Bounds; who ftiall CoHcift the fame,
and return it to the Treafurer as the Lav? dire^s.
And it is further Ordered, that the faid Commlflioners give in to the
Treafurer th; number of theZreopers in their rcfpeftivc Towns, and
he to grant out Warrants to the Selea Men to aflTefs, and the Conftabies
toColled whumay arife to bedue to the Country upen the DupliccV
tionof Rates, for this prefcnt year.
And for the better efff[lirtg of thu Order about the Rating of Vnint'
troved. Land/.
It is Ordered by this Court, that the Major General, Captam Fi/6er,
Captain £/<ya^ Hutchinfon, and Lieut, fonjthan Danforth, together
with the Secretary, be a Ccmmirtfe forthwith to examine the Court
Kecordsand Returns of allGrancsof Farms and Out-lands, laid out
without the Bounds of any Townfliipsj who arc Ordered and Defircd
to make a Liil ot all Out lands they can by any means gain the know-
ledge of, as to the quantity of the fame, and to whom at prefent they
do belong, and where they do lye : and to trrnfmit the fame Lifts unto
the Country Trcaiurer, that they may be zddc^ to, and compared with
the feveral Counties Lilts, that fo no Lands may be emitted, or twice
Enired. Major ^o/j* /»y«f^(,w, and Lieut. John Smith in Hamplhirey
are appointed to do the like, and make like Certificate :
And that the Treafurer forthwith fend forth his Warrants to the
Seka Mun of each Towa accordingly.
FINIS.
i^JNES:
SEVE%AL
LAWS
MADE AT THE
General Court
Calkd ?,nd Ht!d at SO i" TO iV on the fevenrh of fihruar^. zx\i
Continutd by Adjournmint to the thirty firft of March 1083.
AnJl h iheirORDER Printed and Publirtiedj
By Edward "B^fon uecretary.
WHitia iy the Law ^ title Mines; /r // Fre-
vidid thai the fifth part of Gold and Silver
O^r^whichij found i» this Colon^j, fhail te paid
to thi Kings Aiojipy, h'ts Htirs and Sucrrjftrj : ^^^ to VK-.
atid there hi tnf Rumon o( fuch Aftnei fcuHdiri vent all d^oit'
»/.'// Jurifdidion •, byopeain^of
It IS therefore OrJkruI by ilii:^ court and Authority thereof, that Mines.&c.tba6
foroe raott Perfons beappointtd from time to time by this Court to "'^ Majefty
make. Enquiry after fuch Mines, and do tbeir utterraoft endeavour .• S^J tV^ ^^
thtt 3 tifih part of the fsid Oar be referved for His Majcfty, and that
they lake CAre that Hi; Majefty may have his juft due (os the fame,
both in quantity and quality : Anditisfurthcr Ordei-sd, thatjfany
PerfctT oc p«fons fhall nwkc Difcovery of any Royal Mine or Mioes,
Y r.f
due, &c,
98 N AV AL OTFIC B.
of Goldor Silvtr, and (hall Jmprovt faid Mine or any part of it
to his own ufc and benefit before he hath given Account and Informa-
tion to the Officer that fhail be appointed as aforefaid. the Pcrfon To
tranJgreflingfhall forfeit the I rcb.'e value thereof, and fhall be fined
itn pounds for ont Offence. And Mr. Jirtmuh Dymmcr is Ap'
pointed to be the Officer till this Court take further Order.
I
j^t en AdJUhn ic the LAw tillt NAVAL OFFICE.
"T is Ordered that the Port of ^o/?o», towhkhCh^rl/fownis an-'
nexed, and the Port vf Salem, to which Marhlt'heAd, Bevtrly^
Addition to Gloceflir, Jffwich, Ro'^hy,_Ncix>bt{ry & Salisbury are annexed as Mem-
the Layv titU hers : are and IhalJ be the lawful Ports in this Colony, vi here a!) S^ips
Naval Office, &othcrVcfTels (hall Lade or Unlade any of the Plantations enumerated
Goods, or othtTGoods from foreign parts,and no where elfe.on penal-
ty of the Confifcation of fuch Ship or VcfTcl, with her Goods,
Tackle, ^f. as fhall Lade or Unlade elfewhere.
I J. That no Ship or other VefTel Arriving from Forreign parts.fViall
break Bulk beforeEntry with the Governour and Naval Officer if they
come into the Port of JBnfleu, and in all other Ports not before Entry
with the Naval Officer, on penalty of Confifcation of Ship and
Goods, and when the Mafiers of (aid Ships or Veficis ars not Inha-
bitants in this Colony, then into whatfocver Port they Arrive, their
Einry (hall be ni/jde with the Governovir and Naval Officer that be-
longs to the Port where they Trade..
///. That no Ship or other Vefltlihall Lade or Unlade any part
oftheirCargoin the night feafon, that is not of the growth of this
Countrey, unlcfs it be in tafe of neceflity, and then notice to be given
to His Majefties Officer upon the place, if any be there, on penalty
of- Confifcation of faid Goods.
JF. That no Ship or other VefTel fhall take on Board any of the
enumerated Plantation Commodities more then their Ships Store, be-
fore they have given Bond, or (hew a Certificate that they have alrea-
dy given Bond, as the Aft of Parliament requires, on penalty of Con-
fifcation of fuch Ship and Goods, unlefs they be fuch as pafs from Port
toPortof ourown Jurifdiaionj who arethen to have a Permit
Ggned by the Naval Officer,
V. And for the Information and Satisfaftion of all perfons con-
cerned; ItisherebyDcclared, that His Majefties Officer hath po-
wer to fieze any Ship or VefTel he judges forfeited to His Majef^y in
ordertoherTrial, and that he hath liberty to fearch all Veflels. that
areoutward Round, and to put Waiters on Board all Ships inward
Bonnd.
VI. And that the time of Entringand Clearing at the Naval Of-
fice be betwixt the hours of ten and twelve, in the forenoon, and two
and four in the Afrern oon.
VJl. That no VefTel of twenty Tonnes and upward, except fuch
as
ship J. FreemfH Commijjjoni. j)J>
as fetch Wood, Board, Stones or Lumber, fiiallpafs the CaOIe witfi-
out aLct pafs t'rom the Governour for the time being, if rcftdent in
Bofton, and in his abfcncc jrom the Deputy Govcrnpur, on penalty of
twenty Pounds.
A J" an Ad^ttlon unfe, and Explanatioir of the t^vt tilfc SUp-
It is Ordered by this Court and Authority thereof, that no per ships on the
fon fhall Trade nitj, any Ship -- VefTel Arrivins on our Coaft. until Coaftbefore
they arc brought to Anchor in one of the Ports afligned and appoint- come into cho
cd in tho Law title an Addition to the Laws titlt Naval Office, on pc- H"''°"'^'
nalty and forfeiture provided in the faid Law nV// Shipping.
T is Ordered by this Court and the Authority thereof, that the -
jL Law made Ofio^^r \^th. \6•^\. Intituled as an Addition to the ^^'^swB'ee-
Law titU Freemen, Scftion the third is hereby Repealed. men Repealed
I
THU Court he'ing infer me/i that thtre are fever ^l Commi/ftaH Off cert
in this furifdiHioH that have not thtir Commijftom according
to Law.
It is therefore Ordered by this Court, that each Clark belonging
to the fcveral Military Compinies in this Colony, fhall within one- ,_
Moneth after the publication hereof, repair to the Secretary, and t'alte to MiUuuvof-
outfuch Commiffions as (hall be wanting,and them to deliver to each ficerstobi ta-
CommiffionOfficer belonging to their own Company, as they fhall ken out by the
bedirefted; And fo from time to time within one Moneth after any ^'^'^''^^f
Commiflion Officer is Chofcn and Appointed by this Court: And jf Compames
any Cleric (hall negleft his Duty herein, he fhall forfeit the fum o{ Moneth^So
twenty (hillings to the ufc of the Company.
PINIS
A T
General Court
/^fW J/ BOSTON Mdy, 16, 1^8j.
Tllii CotiTt Confidetitjg tfjat Cattle are Bated to the Countrey
cl ogrtJier value ihinthey will yield from Man to Man:
Doth ibcufore Order, thar henceforth all Neat Cattle fliall
be Rated to the Countrey, ^■iz. Oxen at four years old and a-
bovc,at three pounds a piece 5 all Cows, and Steers at three years
andabove, at tony (hillings apiece; and all of two years old, at
thirty (hillings a piece •. and Yearlings, at fifteen (hillings a piece ;
and Swine at a year old, at ten {hillings.
By tlie COUR.T
Bd^ari Kaipfon Stcr't
SOS
98
Tuhltck Charges Rej:.-jIeJ.
L
SEVERAL
MADE AT THE SECOND SESSIONS OF THE
General C ourt
Held at BOSTON O&ohtr lo. 1683. And
Publiihedby their Order:
EdmarJ Ravbfon Seer.
Law as Tuh-
hck Charges
1684.
I
T is Ordered by this Court and the Authority thereof.
That all the Laws under the Head or Title of ImpoAs;
Impoft on Wine & ftrong Liquors; ImpoA upon all goods
fifProvifions, with any Explanstion or Adduion made
:RefM thereunto ; and the Law Title Publick Chaiges, Se^jon
^^4^^° the third, referring to the Treafurer, ifiuing oat Warrants to
the Conflables, for CoUe^ing of Aflefsments yearly, fhail
be and remain m force for the prelent Year, and until the
tenth day of 7//»^, which will be in the Yezr Srxteen ^^utt'
dred eighty and four ^ and for no longer time ,• Any Law
Ufage or Cullonie to the conirary notwithlUnciing.
Y
SOS
.Icbools. Cohf'eftage. 99
AS an Addhion to the Luw Title Schools :
This Court doth Order and Ena<it; That every
Town confifting of more than fivt hundred Faniilies or ... .
Houfliolders, fhall fet up, and maintain two Grammar ^^ ^^ a-
Schools, and two Writing Schools; die Mailers whereof 5^^;^^^^
fliall be fit and able to Inltrud Youth, as laid I^w dire<as. Gramautr &
Writing, (*ra
And whereas the f aid Law makes the Penalty for fuch Towns
as provide not Schools as the Law direiisy to pay to the next
School ten pounds:
This Court hereby Enaftj, that the Penalty fliall be twea-
ty poimds where there are two hundred Families or Houie*
liolders.
A San Addition to the Law Title Inkcepers i , Whereas
the Law Section 3d. Impofes a Fine cf five fliiilingS
on the Licenfed Terfons that are tie breakers of that Lam;
This Court doth Order, that the Penalty tor the Breach
of that Law ihali henceforth be /<»r^7 {hsilin^s.
FOr the Pr event hm of Deceit andCoufenage hy Perfons heing
taken ly Execution, or delivering themfelves over as Se--'
vantt unto any, thereby to prevent their Creditors taking hold on.
them.
It is Ordered and Enaded by this Court and the Autho
rity thereof, that henceforth no Perfon or Perfons fliall be
taken or delivered over by Execution, or fliall deliver up
themfelves to any one or more of their Creditors in way
of Service for latisfadion of any Debt or Debts, owing by
iiim or them, unlefsitbe with the knowledge and approba-
tion of the Court of that County v^ here mch Debtor or
Creditor dwell, that they may receive lacisfaAion in the
jufnnefs of the Debt, and Ukewife fet tne time that the
Dsbtcr fliall ferve ; and that it may be publickly Declared
that he is a Servant :
Provided this Order fliall not be Interpreted fo as toob-
ftmct the legal Procedure of any other Creditors, againft
any Perifon fo difpofed to Service, either formerly or here-
afer.
hJ I s.
A T
SPECIAL
General Court
Held ot BOSTON l^ovemh. 7. 1683,
T
His Court hehgfenjille cf the great Ru'/nes in Bofton iy Fire,
at fmdry times ^ and hazard ft ill of the fame ^ hy reafon of the
joyning and vearnefs of the Buildings : for the prevention of
Damage and lofs thereby for the future ;
Do Order and Enaft, That henceforth no Dwclling-houfe, Ware-
houfe, Shop, Barn, Stable, or any otlier Houfing, fliall be Evened and
let up in Bofton, except of Stone, or Brick, and covered vvitli Slate or
Tyle ; on penalty of forfeiting one hundred pounds in Money to the
ufe of the faidTown for every Houfe built otherwife, unlefs by al-
lowance and hberty obtained from this Court, from time to time;
And the CcnftableS, and Grand-jury-men of tlie faid Town, are to
take care for tlie Execution of this Order, and prefent tlie breach
thereof to tlie County Court of Suffolk^ that perfons tranfgreUing,
jnay be proceded with accordingly : And further, the Sclcdt Men of
B'jfton are iiereby Impowrcd to hear and Determine all Controver/ies
relating to the Boundaries of the Lands of fuch Perfons whofeHoufeS
have been burnt down in the late Fires,and liberty of i'lppeal to the
County Court being allowed to any perfon agrieved. And the Law
Title Nciv Buildings in Bofion,mzdt OHoh. 15-. 1679. is hereby Re-
pealed refpeiiling Buildings to be Ere<5led.
By the Court EDWARD RAWS OK Sect.
A T
A
General Court
ON ADJOURNMENT, Held at BOSTON
Uh^ 13 1^84
T
Hat for Tncouragement to BulU in Boflon voith Brick and
Stone according to a Law made the laft SeJJion ; As an Ad-
dition to the faid Law.
It is Ordered and Enaded, that whofoever fliall fo Build, fliall
have liberty tofet half his Partition-Wall in Iiis Neighbours Ground,
leaving Jagges in the Corners of fuch Walls, for the Neighbours to
Adjoyn their Building to ; And that when the fame (hall be Built un-
to, the Neighbour Adjoyning Ihall pay for half the Wall fo far as he
Ihall Adjoyn .• And in cafe of Difference, that the Sele(S Men have
power to appoint Perfons to make Valuation, or lay out the Lmc
between iuch Neighbours.
By the COURT, Edmd Raw/on Secr't.
too
3XQ
Impofls CH Wine, &V. NiiJ'ancts.
SEVERAL
LAWS -"^ ORDERS
Made by the
General Court.
IBipof?s on
Wine &ftrcng
Xiquors in
force tiH^ime
10. Ids $
Held ziBofim the jth of May^ 1684.
T is Ordered by this Court and the Authority thereof,
that the Laws//Y/c Impofts, and Import; on V/ine and
ftrong Liquors, with the Explanations and Additions
made alfo thereunto, Ihall be and remain in full force
from the tenth day of June next infuing, until the-
tenth day of fttne^ which will be in the year one thoufand fis
hundred eighty and five.
I
THere hehg Complaint made of great inconverknce ly rea-
fon of Filth and Dirt cafl into the Streets of Bofton and
, other Towns, and of the negleB of Butchers to deanfe their
be removed Slanghter-houfes andTards of Blood and other. Filth; although
Tvithia twelve y7rr>, Houfes and Yards are fcituate near Streets and Lanes much
ually! °'* ^^' frequented :
This Court doth Order and Ena<fi, that all Pcrfons fo of-
fending fhall forfeit twenty fhilliogs to the ufe of the Town
Z except
3X3
Executions. Query. Fuhlkk Notary's Seal. loi
except fuch Annoyance be removed within twelve hours
after Complaint thereof made to lawful Authority'.
WHether Executions upon Judgments, ought not to be "^.^'^^'J'j;
iflued forth according to the form of Procefs ppon fonh
which faid Judgments are founded, wir.againfttheGoods and
for want thereof the Perfon ; tlie Court refolves this C^'eftion
on the AiHrmativc, as to per Tonal Debts.
¥"N Anfwer to the Petition of Major Rohert Tike ; It is Or-
1 dered by this Court, that Major Pike be allowed to Lyft
lo many Men for Troopers out of the three fopt Companies
of H^veril, Salishury and Ameshury, in proportion to ^he
number of the faid Company, as to make hi5 Troop forty
eight men befides Officers ; Provided this Tsoop be under
the Command of Mz'pr RoL'rt Pike for their Captain^ and
Major Pike is ordered to prefent to the next Selfions of this
Court the names of other Commiflion Officers to compleat
the laid Troop.
And in Lyfting the faid Additipn outof tie Foot Compa-
nies ; This Court do:h difpenfc with qualification of the per-
fdns in point of eilate paying in the Country Rate, Provided
they be otherwifequaUfied with ability of body and fuificient
Horfe and Armes.
WHnher it he « ot expedient for this General Couir >o ar.- Qucrtf
point a Seal for the Publick Notary of this Colo',:^.
that fo Writings Signed and Paid hy him may find the m,./u
credit in for reign parts.
In Anfwer to this Quere, the Court thinks fit. that a Buck P"t'''«'«'No'a-
with this Circumfcription SIGIL. NOTAR.PUB. MASSA-'^
CHUSET. be the Seal for the Office of the Notary Publick ,'
and do accordingly Order the engraving the fame in Silver
at the Countries Charge.
IT is Ordered that Benjamin Gerr/fhhe the Officer for 5.//i-^
and the Ports annexed.inflead of the ht& Mr. J/i/L^rd
Vcreh, to demand and receive the Powder Money of all Ma-
flers of Ships and other VeiTeis, according to their refpe(5tive
Burdens, the faid Gerrijh giving an Account to the Surveyor
General yearly or oftcner as the Law direiiis.
T is Ordered, that N/?//.'tf^/^"/cA7r/f of Newhury be the Na-
val Officer for the Ports of Newl>urj ^nd Salnhnry.
f I N I ^.
I
Ftrates^ Privateers.
10?
A T
A
General Court
Called by the Honourable GOVERNOUR on His Receipt of Kit
jyCAjESTlES Lcncr, to fit in Bof^on, July the ^th, 16S4. When
they Sate there was Made and Pafled the I^W and Order fol-
lowins; :
And by their Order Printed ;
By the Court Edward RawfoK Seer.
■J
4
^His Court hcliig t.^fonneJ that great Difordcrs a;iA D^pra-
dations havs hesn ccrr/.mtted by feveral of His Majeffks
Si'.ojeii^^ CO the great daiftage and prejudice cf His Ma-
lefiks jAllks^nd ca;!trary to Treaties cf Peace, & that good
Corrcfpo;!def!ce ivhicb ought to be maintained between Cbri-
sfian Princes and States, affd that fevcr^l Ferfo»s contrary to their Duty
and good A/kgiii^ce have and do go from this Colony into for reign Princes
Services^ and Sail under their Coinmifms; For the prevention whereof:
It is Ordered and En2(f^ed by this Court and the Authority thereof,
that from and after the Publication hereof, it fhail not be lawful for
•any perfon that now doth, or hereafter fhall inhabit, come in or belong
ro^this Colony to ferve in ^rasrica in any Hoflile manner under any
Forrcii^n Prince, State or Potentate, or any impioyed under them a-
sainll any other Forrc:2;n Prince, State or FotenLatc in Amity v/ith.
*= ^ A a His
J 04 Tir'at£i., Privateers.
Hi5 Majefly, without fpscial Licenre or CommilTion firll had froin His
MajeHy,-ot the Governcur and Company of this Colony under the Co-
lonies Seal, or foraeof His Mdjsfiks Governours or other jawful Au-
thority t'.nder him elfewhere, ior .teeir lb doing.; And that ail^and eve-
ry luch OfTender or Oifenders being duely convi^Ssd, fliali luffer the
pains of Death :
Provided neverthelefs,-6:at this Act, nor any thing therein con-
tained, fliall extend to any perfoa or perfbjis which novv^ are, or have
been in the Service or Itnploymcnt of any f orreign Prince, State or
Potentate whatfoever, that ihall return to this Colony, znd leave and
dcfert fuch Service and Imployinem: before the x^tl^- day of March
next enfuing.
And be it further Enabled by the Aufhorrry aforefaid, that dl '-ad
every perlon or perfons that fhaii any way knowingly Ehtertaitl. Har-
bour, Counfel, Trade, or ho'danyCcTrefporidence by Letter o? other-
wife with any perfon or perfons that flaall be deemed and adjudged to ^2
privateers, Pirates or other Offenders wi?hin ihe conftruftions of ti:.>
Awl, and that fliall not readily endeEVOus* to the befl of his or their
power, to Apprehend, or cau.e to be Apprehended: fuch OiTender or
Offenders, IhaU be liable to be profccuted as Acceflaries and Confede-
rates, and liifler fuch Pains and Penalties as by Lsw is irv fuchcaie pro-
vided.
And be it further EnaAed by the Authority aforefaid, that the chief
Coniminion Oflicer- then prefcnt'upon the place in any Town or Har-
bour where there is no Magiftrate or other perfon invefled withlike
Authority residing aad at hand, are hereby m their foveral prcpinfts
"within this Colony required andimpowred upon his or theifknov/lcdg
or information given, that any Privateers, Tiratcs or other perfons f^-
fpeftod, to be upon any fuch unlawful defignes, to grav-*; Warrants to
the Conflables of the place, to Apprehend -and Sieze every Inch perfon
or perfons, and If need be iliali affiftthe CcnftabJe, and raife and Leavy
fuch a number of well-armed men ?.s he or they Hial! th-nk mee:: for
th'?- l/czing and -apprehending of every fuchperfoi or perfons, and car-
ryirsgthem before the Governouro:- feme of the JVTagvftrWi^^rj-Q j^n fyj..
thef ejjamined, and -proceeded againfl as the Lav/ dnre^s.
And In cafe of any reiSil:ance or refufai to yield Obedience lo fach
Avrtho'rity andSeizut-e, K flialibe Sav/ful.tc kill or dellroy fuch peifon
or perfons and all and every, perfon chatiliall oppofeor refill by itrike-
ing or tiring upon the O^ceriV or any that are by him commanded for
his aid and aflllfance, flaall be deemd, taken ap.d adjudged Capital Of-
fender", sad be pujt to death,- and^every fuch Officer that fiialt omit or
ncgieil his duty therein, being legfJly convi<ft';d within three moneths
after fuch iiis neglejifi faaii fork't hiVj pounds \i\ currant Money of thi?
Colony for every fuch offence for the ufe of this Colony,
And every perfon or perfons that upon Orders given him or tliem
fb:*!. jrpfufe to repair immediateiy vvitb bi: crtlidr Arms v/eli 5,xed, and
A;t)u-
Pirates-^ fnvatjcrs' lo-
Amuiiition to fuch place or places as fliali be appointed by die fsid Of
f.cer, and not readily obey Iiis Command in the Eaecution of i\i^- prc-
imf=3,{haU be liable to pay a fine of five pounds in Money, or fuffcr
fuch Corporal Punilhment as the Magiflrate or County Court tfiai fnail
have cognizance thereof ihail determine.
JN Afifwer to the Petition of feveratTavernersanJ In-keepers Licenjed,
This Court/or the encouragement of the Petitioners and others Li-
eenfed as the Law direHs^for keeping Houfes of puhlick Entertainment ;
and for their fecurity againfi tl^ great injuries to tbemfujlained hy the ir-
Tegular Praiiifes of all mlicenfedpcrfoHS ;
Do Order, that allTythiflg-men, Grand-jury-men and Conflables
in their refpe<Sive places, diligently infpe<S all difordered Houfes that
do contrary to Law Retail Wine, Ale, Beer, Cider, Liquors, &c. with-
out Licence, and to profecute the whol feme Laws made againftall fuch.
Diforders ; And do ftuthep Order, that one Complaint made by
any Licenfed perfon againft any that are unlicenfed, for tranfgreffing m
that kind, before any MagiHrate or County Court, sind being legally
convicted thereof, every fuch Complainant fhali have for his Recom-
'pence the one moiety or half part of the fine or fines impofed upon
luch Delinquents.
FINIS.
^Addition to the Law of t^ttainti.
107
SEVERAL
LAWS
MADE AT THE
General Court
Called t» Sit, and Held at Boflon^ Sept. id^^ i 6 B 4.
hod Publiflied by their Order,
Edward Rawfoff Seci.
WHereas H h found !>y ExperkMce that the ProviJJon
made iy the Lavj tit. Jury's May 1671.. for relief in
cafe cf apparent Ccuupfton or Error in the Jmys gi-
ving in thjtr F'eidii! contrary to Law and Buidence is
perverted to the hurihcnmg of the -Count rey ivith m-
rea fondle trouble.^ the great wrong of F^r:ks concerned wiih wifijl refie-
^i ions, made therehyupon the Jury s.
It is Ordered by this Court znd AuLhorlty thereof; that in all
Attaints before the Entry or Ailov/ance thereof, that the party At-
'^•.nting fiia!l give in writing under his liand for what caufe, and
ihew how the lame doth appear fo to be. And in cafe upon a due
^ ^ Tnal
Additionto
the Law oi
Attaints^
Party at
tainting to
givem >vrit
ting the
caufe of j4t
tainting fce
fore It be
allowed.
loS Eseadion,
Trial as the Law provides, the Vcrdid^ of the fcrrntr Jury be con-
Rnetofhe ^ firmed ; fuch party fo Attainting fiiall pay to theCountrey as a Fine
iDcaii-^and'to ^^"^ unncceffary trouble to the Court ten pounds in moiicV; and to the
toe former ju- Jury-mcn that gave in the former Verdnft/<?r/)' jhtlliugs a peice.
♦y^e.:. 40b:a ^rid in cafe the charge be for corruption, It fliall be lawful for
And ajfo dou- the Jury fo Reproached, joyntly or feverally to prolecute their Adion
bie Cofls and of Slander as to them i]:aU feem meet ; And thePiaintiffereproach-
Pa"y,C?"/in ing fliaU alfo be liable to fuch further Fine to the Countrey as the
*&•• Court fliall judge meet ; Alfo in all Cafes where the former Verdid:
is confirmed, the party concerned fhall have double Cofts, and aifo
double Intereil for being detained of his juil: Debt according to for-
mer Vcrdi<^.
Form for Execution.
"To ile Marjhal oj S. or his lawful Deputy ^
y;
"Ou are Required in His MAJESTIES Name by Virtue here-
of to Levy in Execution of the money of cx», B> of B. the
Sum of witli two lliillings more for this Execution, and deUver
the fame unto CD. of or his oi-der, which is to faf'isfie a Judg-
ment the faidCD. recovered againft the faid ^. B. for lo much in
Money (including the Cofts of Court ) upon a Tryal between them
before the County Court holden in B. the of Amo,
and in want of the Money, or other Eftate ofihe faid ^. B's to the
fatisfadiion of the Creditor, you are alike Required to feize the Per-
FormfoTExe- fon of the faid ^^- B. and him commit unto the fafe keeping of the
^^^' Prifon- keeper in B> until he make payment according to this Exe-
cution, or otherwife be releafed by the Creditor, or by crder of Law,
hereof fail not,as you will anfwer the contrary at yaurperil,and make
return of your doings herein under your hand, as the Law directS;
for which this Ihali be your fuificient Warrant ; Dated in B,
Perciiriam.
Mutatis mutandis*
According to the tenour of the Judgment.
^IIJs Court heing informed tJxit the mtnler ofTerfcns allomdto le
_^ Licenfedin 'Qo^ori for keeping of Houfes of Entertainment and
RetailingWine and Liquor s^^z. ivhhoutdoorsi are not Efficient for the
accomodation of the Inhahifanis and Trade of the Town, hy reafonmereof
fundry Inconveniencies do accrew.
Do Order, that the County Court of Suffolk may Liceme five
or fix more Publick Houfes iii Bofton; thcSelet^ Men of the Town
of Bosion yearly approving of the Ferfons as meet and fit for rhat
Imployment.
T
SQX
'.Addition to the Laiv for JizifO-of Bncks^
lor)
S m ^tidiiion to dud E^planatiort of the Law ' Regidathg the
fize ef Bi'icks, made at thcGcncrat Ccurt^ May i'8, 1679.
h is Ordered by rhrs Court and the Auihoiity thereof j That
hencefortJi all Brick., fh''''. held cut, and be of the full fize and di-
rnention exprened in the aforefaid Law, even after they be fufficient-
]y Nealed or Burnt ; And to that end all Moulds for Bricks fh?ll
henceforth be made of fuch a convenient fize or fcantling, that the
faid Bricks may and fnall hold out, and beof the full Dimention pre-
fcribedv/hen they are iufficiently Nealed or Burnt, as aforefaid; which
fhall be fo judged and accounced Merchantable, when as at leaft
three (quarters of every parcel of Bricks be hard and through Nealed
"Ware, and not Samnell Bricks : and for the due obfervation hereof^
every Town { v/herc Bricks fhall be made or fold, iliall annually
choofe and appoint two or more able men, each of which fhall have
power to view, divide, and cull all Bricks from time to time, that ihall
beexpofed tofale ;whofliallbe Swoin to the faidifal Difcharge of
their Oificc, and fiiali be allowed four pence foi every thoufand of
good and merchantable Bricks they fhaU fo Cull, one half thereof to
be paid by the Seller, and. the other half by the Buyer; ^nd no
Bricks (hall be fold or made ufe of before they have been viewed and
culled, as abrefaid, upon the penalty of paying twenty fhilhyigs ia
Money per thov.&.nd, one half thereof to the Town where fuch
Bricks are made or fo'd, and the other half to the Informer.
Addition to
the Law for
fbtiag Bricks:
Tvro Cullers
to be annus!./
chofeti) theic
I N Z
C3
ITO
3^4
Cowmtjfmiers power.
SEVERAL
ORDERS and LAWS
Made at the Second SESSIONS of the
General Court
Held at Bopv, onoh ^f^. 1 684. And Printed hy their
Order ;
Edward Rawfcn Seer •
CommilTioners
T is Ordered, that in cafe of Mifdemeanour or ve-
hement Sufpitlon thereof, where no Court is at
hand, any Magiftrate, or MagiAratical Commi/Ii-
oner, by Warrant under his hand or being prefentby
his command, may impcwer any perfon to maJ:s
pa »ver"in™ Search and Apprehend any Diforderly Perfon,\vhcr-eby tJieir
rL^r''tT;Mifdemeanoursmaybebrougin forth and piiniflicd, and
S; "'^'^' further Evils of like kind prevented ; which Man fo Im-
powred or Commanded, fliall in the particular he is Im-
ployed in, have equal power with aConflable for requiring
Aid and Afiiftance.
IT is hereby Ordered ; that it may and ftall be lawful
for the Clerks, or Recorders of any and every County
Court of this Colony to direft any Execution by them
drawn
Ix-ecutioHy. Count rey Deks- Wolves-
1 1 1
^ Executions
0. may be ferved
drawn to the Marfhal General, as well ss to tlie Marfhal
of the County, Co that the perfon who Diall obtain a Judg- may tse lerveq
ment, and takeout Execution, nr-.ay imploy which <^^ ih^rc^Xl'\i^^^^^
he Aialliee meet; Provided alwayes, when any fuch Exe-
cution Oiall be delivered to the Marfhal General, the coa of
it Ihall not be greater than if it had been Served by the
Marfhal of the County where the Judgment was granted.
THe Confiderat'm that the Comtrey is at great Charges
for tranffortation of Pay to Bofton and Charlflown,
from the remote farts of the Colony ; as alfo great Iqfs in
Meafurc: , t. , . Country debts
It is Ordered by this Court and the Authority thereof ; to be paid to
that thofe to whom the Countrey is indebted for Salleries, '.Jj'feve'rai'"
or otherwife, fliall have order from the Treafurer to receive Towns they
their pay in the Towns where they live out of the Coun- ^'^e in:
try Rates, fo far as it will redch, or by the next Towns ad-
jacent for what is due in Countrey pay; Provided the
Payments ordered by the Treafurer be conveyed to thofe
who are to receive it by the Conftables at the Countreys
charge, to prevent fo much lols and cofl for carnage.
WHcrccs Comflai»t hath ken made to this Courts that
Wolves have heentaken in one Town and afterward
carried into another ^ and there killed', wherely fuch other
Towns hath been mjujily charged.
This Court doth Order and Appoint, that no To^n or ,„ ,
County fliall be liable to make any payment by vertue of the ™r& kii-
Law J:;'/*? Wolves, except for fuch as ihall be both caught '«''"'''<=
and kUled within their Bounds refpeaively j Any Uiz^p ^°''?r^T'*^
■ • t n 1' J t? or not lO DC
to the contrary notwithftanding. paid f^i
F A N I S.
sa"7
ATA
General Court
Held at Bo[fon, Jamiary z8. i 6 8 4,
WHereas the Law ccKcemhg Building xvhh
Brick or Stone i.-t Bofton, fe^ms to Prohihit
all r}:M!>i;r of Bu'iUiKg or Buildings y though
v.ev2r fo fmall of Wood or timber ; And in.
regJird there is a neceffity of many convenient
T laces aloHt Houfes to he liultfor jkelter^ ivbich cannot be convC"
ntsntly done with Brick or Stone :
This Court doth Cider, That it fhall and may be lawful
for any Perfon or Pcrlons ro Ere5: any fmall Building; Pro-
vided, it do no": t%zzzQ. eight Foot fquare, and i&vtn Foot
Studd, of Wood or Tiiiibsrjany Law to the contrary not-
vlthftanding : Provided tliey have tiae Approbation of the
SilefTr-men of faid Tov/n-
B7 the COURT,
Edward Rawfon, Secr»
023
Impoflu 121
SEVERAL
LAWS AND ORDERS
MADE BY THE
GOVERNOUR AND COMPANY
0\ tht. MASS AC HV SETS BAT in iJEW-EtJG L AN D.
A r THE
General Court
Held at Bofton, May 17^*' 1685-.
Asalfoata GENERAL C O U R T Held at B-?/?"" on
the 14'^^ of Odoier^ i685".
And Printed by Order,
EDWARD nA^SOH Secretary
AS an Addition to the Law tit. Impcjis \ -c -ru
It IS Ordered by this Court and the Authority thereof; That
aJ! Mafterxof Ships or other VeHels, that IhaU bring into our Harbours
any Wines, or Strong-waters, the faid Maften: Ihall before rhey break
Bulk, a-ve a true and juft Account,under his or their hand unto thexVa-
val 0^cer,Q( the quantity, and lorts of Cask Ire hath on Board, With
the Marks & Numbers of the fanne, & the perlons names 10 whom it is
D<i von
SQO
122 Damage in Vkids, Attacbmms, Wills.
Configned, or dothlielongj upon fbrfehiire of paying the fu'l duty ap-
pointed by Law, if any be found wliicli the laid Mafter gave not ac-
count of; And that the Owners or R.ecciverj of fuch Wines or Li-
quors do before it be landed, maiie a true Entry with the Officers of
the full quantity, upon forfeiture of what fliall be found more tlian
by them Entred, or the value thereof.' And that the Owners, or who
fuch Wines or Liquors are Con%ned to, do pay down, or give under
their hands to the Officer for the payment of the dutiej in fome con-
venient time J Provided thi^ bind the Mailer no further than to enter
all fuch Goodf for which he hath figned Bills of Lading. And if any
more appear to be on Board, taken in without the Mafters knowledg,
he fliall have liberty of a Poft Entiy.
WHereas there is a general Complaint in many Toivns within this
Jurifdiilion, of great ahufes offered, atjd damage to particular
peifon;^ in the laying open of their Prvprieties, hy breakings or laying down
their Fences, Barrs or Gates ,• for the prevention of fuch Diforders and
unlawful aSitfgs for the fitture ;
It IT Ordered by thi^ Court and the Authority thereof, That any
perfon or perfons, who fhall prefume from, and after the Publication
hereof, to break down any Fence, S'cone wall, or lay open any Gates
or Barrs, break or open any Locks fadened to fttch Gates or Barrx
■ftanding upon aoy man5 Propriety or Inclofure ( unlefs in cafe of
cJaiming and making ou^.of fiHp j;o fuch land) "^^'^ic-h pcifon or
perfons, upon due convidion of. fuch offence, iliall be fined tijenty
Jhillings in money, one half to the ufe of the County, the other half
to the party injured ; and fliall alfo be liable to pay all fuch damage as
any perfon may fuflain in his Propriety or Inclofure thereby, to be
judged of by the Court, or other Authority that ihall have the cocr-
nizance thereof, or otherwife to be recovered in a due Procefs of Law.
Tot fecuring
of Peaces,
Treafurers
power.
IT is Ordered, That every Treafurer notwithflanding, the expira-
ration'ot his OiEce, Ihall have ajr full power for the profccution
of the feveral Conftabies, and colledion of the Rates which were iHued
out and committed to them in his time; alfo for the gathering in all
other Dues arifing to the Countreyby virtue of the Laws, m.JmpoJls,
and Impcfi on Wine and Strong Liquors during bis Treafurerftiip, as he
was Impowred to do whilft in that Office.
Timefor fer- T^ ^^ 0*-dcred ; That all Attachmentx in Civil Aftlonj between
ving Attach' J[ V^^^ ^^'^ party, (hall be ferved fourteen dayes inclufive before the
"^""» Court or time of Trial ; any former Lav/ or Cuftom to the contrary
notwkhftanding: And the like time to be attended in giving in Reafons
of Appeal.
A
5 aft %Additicn to the Law^ tit. fVi//s -•
It is Ordered by this Covirt and the Authority r hereof That
the
831
Wilis, 12:5
the Magiilntex of each Count}' Court in this Jurifdic^icn being annu-
ally chafen by tlie Freeinen, ftall have fuU power end authority I as
the Ordinary in E-:vJ>>i({) toCummony ariy E:^ecutcrorE::ecui;ors ap-
pointed to the Will dany deceafed_perfonj7/ho have declared l\\s or their Surts^^TS
acceptance of that Truft, by offering the faid Will for probate, or o- with refs-
therv.-ife; requiring him, hsr cr trhcm, to giv.; Eond. v/iih fulncient ^^'^^ '° ''^''^
Sureties for paying alS Debts iind Legacie.% or to make and exhibit
unto the Cq-jil iipon Or.th, a juit and truc Inventory of all the known
Lan-JT, Tenementj-, Goods r:nd Chattels of the Deceafed; And in cafe
fuch Esecntor or Executors fiiail negledt or refufe foto do, faid Court
Ihall proceed againft fuch perfon or perfons by impofing a fine or fines
upon them:. ::ci: exceedinjj, fjn pounds per Msneth for every monethj de-
fault aftci" the expiration of the time that fhall be appointed by the
faid Cour: for brijging in an Inventory .• And upon complaint of any
Creditor or Legatary they fliaU call any Eriecutoror Executors to ren-
der an account of hij or their Adminifhation.
And itiy further Ordered ; that the faid Court ihall have full powet
to receive any Information or Complaint from any Legatee or Credi-
tor agsinft any EKecutor for the detaining any Legacy or any Legacies
given by the Teftator, or Debt due from faid Eftate ; and to grant
.Summons -dvA Procefs as i^ ufual in other Cafei for the appearance of
foch Esecr^tor or Executors, at dayes and place afJigned by the faid
Covir: ; and upon negle^S or refufal to appear accordingly, the Court
fhall proceed to the hearing of the Comply int,and to make their decree
and determination thereon,and to grant forth Execution for the fulfil-
ling thereof ; likcwife to hear and determine all Cafes relating to Will^
and A.dmini{lratcr3, and to make tlieir Decrees, and grant Executions
thereu\ion, allowing to the party agrieved liberty of Appeal to the
Magiftratcj of the n&it Court of Afliftants, fuch parties attending the
Law, a; in other cafes refj^eding Appeal.c : Ahvayes provided, that
where matter of Fad is controverted, then either Plaintiff or Defen-
dant may have a Tryal thereof by a Jury, if ic be defired, v/ith liberty
of Appeal to the next Court of Afllllants, as the Law dircdsj any
LaM', UAge or Ciifiom^ to the contrary no^witliftanding.
383
The customary cut of the Colony arms is necessarily omitted to bring this
page to the size of the otliers, \^'- H. w.
BY THE
GOVERNOUR AND COMPANY
0( the MASSACHVSBTS BAT in KEW-ENGLAND
A r ^
General Court
Held at Bolton, on Adjournment, Fel> i6fl» i <^ 8 5-.
A
S an Explanation of anil Add/fioh to the Law title Wills ;
Whereas the Magijlrates or Memhcrs of the refpcflivc Court'
ty Courts have alwayes had power to Receive and Record all
Vr abates ofVViUs^and of Grauntiug^dminiflrations^ ^o..
It is further Ordered by thij Court and the Authority thereof,
That each County Court within this Jurifdidion, fliall have full po-
ver and authority from time to time, as they fhall fee caufe, to Sum-
mon any Executor or Executors of any deceafed Perfons kli Will and
Teftanient legally Proved and on Record, to appear before the faid
Court, and to R.equire Him, Her or them to make and exhibit into
the Ref^iftrv of the Court, a juft and true Inventory upon Oath of
all the known Lands, Tenement?, Goods and Chattels of the Dcceci-
fc-d, or to give Bond with fuflicient Sureties for the paying of aii
Debts and Legacies of the Dtceafcd. And in cafe fuch Executor
E c or
33-4=
^ '--— ^ — I I ^^^^^^^^ , m II — ■!
126 WdU
or Executo*-? fliaU neglea; or lefufe fb to do for the fpace of thirty
cays next after, or fuch further time that the faid Court fliall to them
limit and appoint ; the Court i"hall proceed againft fuch Perfor/. by
Impofing a fine or fines upon tiiem, not exceeding ten pounds per
Moheth for every Monet!iS default after the expiration of faid time
fo appointed. Alfo upon the complaint pf any Creditor or Legata-
ry, to call any Executor or Exscistors to render an Accompc of hiS or
their Adminiftrationa
And it is farther Ordered hj this Court and Authority thereof,
that the County Courts refpedrively ftalj have full power to receive
any Information or Complaint from any Legatary or Creditor againft
the Execufor or Executors to die Will of any deceafed Perfon, for
the declining from Him, Her or Them any Legacy or Legacies givea
by the Teftator,oi- Debtdue from the Eftate of fuch Tettator • and
to grant forth Summons or Procefy, together wi h a Copy of faid
Complaint or Information anne7<ed for the appearance of fuch Exe-
cutor or Executors before faid Court ; the faid Warrant with the
Libel annexed, to be ferved fcurteen dayes inclufively before the day
3pfK)inted for Appearance : And it fhallbe in the power ofthcCotrt:
to Order the time of Hearing, at their firft Scfficns, or at any Ad-
journment of faid Court, as to them fliall feem meet ; and upon ne-
gledt or refufal oi fuch Perfon or Perfons to appear according!", the
Court fliall proceed, to the Hearing of the Cafe, and make their
Judgmc-nt or Decree therein* and grant forth Execution for rhe
fu, J filH rig thereof; likewife to Hear and Determi'^'j all Cafes relating
unto Wills and AdmlnfflrationSj, and to grant forth Execution upca
th^ir Judgment given therein.
Alwayej provided, disi wher? matter of Fad Ij ccntrovertec' then
either Plaintiff or Defendant, defiringthe fame befcrc IiTue joyned.
may have a Trial thereof by a Jury, to be forthwith Summcned by
"Warrant from faid Court, if there be no Jury then Impanncticd 5 the
faid party or parties miking their whole Plea or Allegation as to ai!
matters of Fadi, at their firfl hearing and Anfwer, that Juftice may
not be de:2Ved .- allowing liberty for any party agrievedat the Judg-
ment and Determination of the Court,or Verdidt of the Jury, to Ap-
peal to the next Court of AfTiftantSj giving in their Rcafonsof Appeal
a/ the Law diredj in other Cafes. And every Perfon before hix
Complaint be received and admitredjftiall give Caution tinto theCouri:
to the value of /fws^^w^j in Money to refpond all fuch Charges and
fees as the dmn maH award, any I^w, Ufage or Cudome to the
contrary notv/sthflanding | Provided this Law fliail notbeunderdood
to debar any perfon or perfons from Proceeding in the former and ufu-
al courfe of Law for the recovery of any Debt, oz Legacy due from
the Eftate of any Deceafed pcrlon,exprefly determined by V/ill.
And the Law Intituled Aa Addition to the Las? title WlLLS^hUdQ
Q^ob. i4^h* 1685-. ix hereby F.epealed.
3-' the Court, EDWARD RAV^'SOtJ Secretary,
AT PENT) IX.
In Hutchinson's volume, besides tlie various supplementary
sheets of the Laws, he inserted several other broadsides issued
by the secretary which did not seem to belong in the text.
With two exceptions, these were orders of the Council, distinct,
of course, from Laws made by the General Court. He also
insei'ted two laws in manuscript, and it has seemed best to
reprint these.
The documents arc as follows : —
1. At p. 23 (my page 223) he inserted a Council Order
of August 30, 167o, concerning Indians. As I have recovered
the title-page which really belonged at this page, I have now
transferred this Order to p. 33G.
2. After p. 43 (my page 243) he inserts the Council
Order of April 4, 1(576. (Sec p. 337.)
3. Also three pages of Sunday Laws about Tythingmen;
apparently a special issue or compilation for their use. (See
pp. 339-341.)
4. After p. 48 (my page 24S) he inserts the Court
Order of May 3, 1G76, about Soldiers impressed. This is
merely a separate reprint of the law printed on p. 246, and
therefore does not deserve a place in the text.
5. He also inserts here the Council Order of March 29,
1677. (See p. 345.)
6. He also inserts the Council Order of Api-il 9, 1677.
(See p. .347.)
7. After p. 59 (my page 259) he inserts the Council
Order of March 28, 1678. (See p. 349.)
8. After my page 2S5 he inserts the manuscript of the
Law of March 16, 1680-1, about Innkeepers. (See p. 351.)
9. After my page 327 he inserts the manuscript of the
Law of March 18, 1684-5. (See p. 353.)
10. After the last-named he adds the Council Order of
April 2, 1685. (See p. 355.)
W. H. WHITMORK.
eso
The customary cut of tlie Colony arms is necessarily omitted to bring th:s
page to the size of the others. ^^- "• '^-
C O U N C I L
Held in ^ojion AuguU the thirtieth 167s
THE C^"^ N C I L ludging it of Mfolnte necejfity for the Stcuriiy of the EngUik
and the Indians that are in. Amity veith uf, that th:j be Rgjirnjned their ufual Co,>i'
merce with the En^Ujh^ and hunting tn the Wocds^ during the time of Hojhlity with
thofc that are aur Euimief i
Do Order, that all thofe Indians th,;t afc defirous to Approve themfelTes FaithfuU to thf
Eojli/fc, be confined to their fevers! Flantaisom under wrjrt^T?,' untill the Council fliali takefurthtr
Order; and that they (o order the f«t!ng of their Wigrsami that the? may fland Compd(ft in feme
one part of their '?/a«?rff;o'7/rerpe(fliv€ly, where it may be bcft fortheirown Trov^fion mA Defence
and that none of them do p cfume to Travaik above one mile from the Center of Cisch theic
dwellings, unlefs in Conipany of fome Enghfn, oc in their .Service near their dwellings, and ex-
cepting for gathering and fetciiing in their Corn wills cnc Englifh man, on peni of being taken
as our enemies, or their Abettours : And in Cefe that any of them fhall be taken without the Li-
mits abovefaid, except as abovefaid, and do foofe their Lives or be cihfrwife damnified; by Eng-
lifh or Indians: The CO l^i^ClL do hereby Dedare that r^ey fhalJ account themfelves wholly Inao-
cent, and their BJood or other dammge (by them fufteined; wil! be upon their own heads.
Alfo it fhall not be lawful for any Indiansthut are in Amity with us, to entertain any ftrange TnJi-
<jKi, or receive any of our Enemies Plunder, but fhali from time to time make difcovery thereof to fome
fwi/jjfethat fhall be appointed for that end to fojoum imongthem, on penalty? of being reputed o\u Ene-
mies, and of being liable to be proceeded agamftasfuch.
Alfo whereas it is the manner of the Heathen that are now in Hoftility with us, contrary to the pre-
dlife of the Civil Nations, to execute their bloody Infolencies by ftealth and fculking in fmall parties, dc-
cliniDgali opendeciffionof theircontroverfie, either by Treaty or by the Sword .
Tht Council do therefore Order ^ That after the Publication of the Prcvifion aforefaid. It fhalJ be
lawfulforanypcrion whether £n£/(^) or Indian^ that fhall findc any fz/t^iuw travelling or skulking in any
ofourTownsor Woods, contrary to the limits abovt-nanvd, to command them under tht-if Guard, anrl
Examination, orto kill and deftroy them as they beft may or can, IheCouncil hereby declaring, that
it will be moft acceptable to them that none be killed or woundtJ that are willing to furrender them-
felves into cuftody.
The places of the Indians Refidenciesare Natic^, Punquaj/aog, NafUoba^ V/emefitzrA Ha.ffancmi(tt
Andifthert be any that belong to any other Plantations, they are to repair to fome one of tiiefe.
"By the Council Edvpard T^.-^ppfon Secrt.
AT A
NCIL
Held at "BOSTO^^J^ April the 4.1*. idyd.
WffercAS divers inhMtcntsAre retired from out Towns
into the vcarcrTcnvns, and there make their frefcnt c-
hide : aad it is of public.!: concernment ihjt all ftch be
under due Goverr.rTicnt £.nd Improvement :
It is Ordered, That the Sekd Men in each Town (hall immedi-
ately upon the receipt of this Older, and (o from time to time apply
themfelves with all diligence to take a particular account of all Pcrfons
and Families (o coming unto them, requiring them if need be to jppear
before them that they may be fully informed of their ftate and way ot
living, and how they difpofc of themfelves : And the {aid refpcdive
Scled Men are further impowred and required to take efledlual care
that the Incomers aforefaid fettle themfelves, or be by them fettled in
fomc orderly and diligent way of Imploymcnt and Government, efpe-
cially fingle and younger pcrfons, who are all of them hereby required
to yield Obedience unto the Dilpofsl and Order of the Sdcd Men
accordingly.
BytheCOUMCIL
Edward %avi,fcn Secr.
33Q
Tjihing-msp* duty
rjthing-ireo
toirfpcfi i;;ili
cenfedHcufes
SUNDRY LAWS
Made by the (jeneral C^ri Wherein theVu-
ty of Ty thing Men is exprejfed, vi^.
IT is Ordered; That all private cnljcenfcd Houfes of Enfcrtainment bs di-
ligently fearched out, =r.d the penaSiy in tiicLaw ftndJy impofed ; and
that all fuch Houfes may h^ the better difcovered, the Selefi men of eve-
ry Town (hall chufe fome fober 2nd difcrei^tfjerfons, to be authorized
from the County Court, each of whom fliall take the charge often or twelve
Familyes of his Neighbour-hood, nnd fhall diligentfy infpca them, and prefent
the Names of fuch perfons fotranf^rcfiing to the Magiftrate, Commifiioner, of
Sdcflmen of the Town, who ftiasi return the fame to bg proceeded with by the
next County Court, as the Law dircfts h and the perfons fo chofen and authori
zed, and attending their duty faithfully thcrein.fliaii have one third of the Fines
allowed them , but if negleaive of their duty, they ftall Incur the fame penalty
provided againft unlicenfcd Houfes. Made&/?f^. jj, 1675,
Whereas thsfin of Ulmfs (rihlch is a fin of <o6iom) Joth £ymly herejfe9
notWAthfianding th rrkdfomo LtfKs in forte (ta^ain^ she fame J As 03
jjddition to thr.; Lait>.
Thrr; Court doth Order ; that the ConPisLJc with fuch othei* perfon or per-
fons whcfE the Selectmen (hail appoint, fl:all infpedipasticuiar Family e«. and Kieperfon^to
preftnt a Lia of the Names of all idle perfons to tbeSel eft- men, jwho rrehere- "" i-^P^-=^J
by ftriAly required to proceed with ihem as a!readv'ihe Lawdircas.audin^'*
cafe of cbftinacv, by charging the Conftable with thcrn, who ftall convey them
to fo.-nc Magiftrate by him to be committed to the houfe of Corfeftion.
TH/i Court liittp^ePmtf i,-> ^rcvrr.tntt ocu^oks ^f Complaint riferritjgfo $k
^.ro(r.?:Mhn oftk Sdbiithy and fij an edisib;] Co former Za\kfsi
Da Order and Ensft -. Tjat the ikkfi men do ihcto •> £hat there b^ o-ie
man appointed to ■.■-fnef: ±0 tin J amilyes cAthtir Nefc'ibscr::, which fvyC?»ing- "^^ '".1*^^^'^
man or rr-cn fball, acd hereby ha ;.- po;'..;r In thi: ;. jf;ncc of :hc CanftsbJc to rp- ^'•^--^^'"-
prc-hendailSabb-sh-bre:.i;ers, Difo:-c.-riy. TipSen., and fuch 3; keep f iccnfcd
Houfes, or others that ihsil fuficr any Difordcrs in tbdr Houfes or the Sabbsth
day, or evening after, or at any ctiic:- tirr:.'. !.r;d to carry ihem before a Magi-
■f^rate or other Authority, or commit to priibr. (r.s 2Ky 0?:?.?.bk may do) to be
proceeded v;lth according to Law-
And
340
And for the better pua/mg ^ rearsxoi: ar.d fecuring Onsnders that fcSi r-nv
waytranfgTdiagsJr.fttiseL^iws Tt?, Sabbeth, either in the Mct^Ing-houre by
any ahufive carr!a£2 or SEi3b£h2viaur,by raskiag any noifcjor otliervfife, crdi:-
Ting die day time cang hid ho!lJ en by aisy of the Inhabitants, Ciall by the laid
perfon appyintcd to iafpet: tlm ILr.w, be fonhwith carrycd forth and put ir.:o c
Cage Lt i?o/7cjJ wii:Ci3isc[;poL-£i£J Joke forthvvidi by theSeIe&-Gcnferjpn
the Market place, and in fuch ctliCi: TcTas :;3 tlis Ceuniy Courts fliaH apj:o:sit,
thereto remab tlli AadiOJi:? feail esaicjrs lite psrfcn ofTendrng, 2nd give or-
der for his pucinifnsBtj c^s eSis Eattsi may require, 2ccc;'dl'::?, to the Lavss reia-
T h 0"dc?ed bv e'ftj-s Ggoj; afi-3 ihs Auiiiarity tJierecf r^ Th^t t'ls Lsw Z//-
Oathes and ?ltiijh:ip£.cr.-^. pag.iijQ. Se&. 2o reouirirg r.!l perforrs, as wfU
Inhabitants as Sii3n2£fs(th^Jjaw£ 5soi tarcen li) to take the Oath of f ideSi'iy ta
the CounttT,', fee rcTs^ed and pat :n praSirc; chrougii thk JurisdiSion. And
_ - ftj«a the ^""^ ^^^ ""^^^^ sScQswA eKecutisriftercof, k h Ordered by this Ccurt • Tha':
taking^ie ^^^ Sglfft JCgD, ConRab!es, and £ ydstng-faeH in every Ti-^wn, do ones every
Oath of Fide- quarter of.", year fa proportion and divide liie predrjfe cfei^ch Tcahj and go
!ity. from fioufe ?<jb©iire, ard take an exaPs !ifi: of ths K'sroe?, qiislRV £rid casHngs
ofeveryperfc-o.whedieflnhabjtarEf: Of Stranger, that have not taken the fsid
Oath, and car?nct «T.ake due prcsf thereof ^ and the Officers aforsfaid are here-
by required fdsthwith to rewr.i the names of fuch peri'oa: cn?o chs next Msgi-
ftrate or County Court, or sbktf Military Ofncer sr the Toivn v;hc-i c no Magi -
ftrateis.who arc required to giv£ iiich perfons the faid Oach prefcribed ii the
Law, wherein r.ot only FideU^f ea Sflie Ctjiintry, but AifegscRce to eu? Kh'sg i 5
retjuired. Ard a!! fuch as takeihe faid Oaih fhaH be Recorded sr-d Ewc'.'cd in
the Couiity Records by the Clerk ©f each County Cguti:. And alih'ach ai rc-
Tufetotske the faid Oath they ftail be proc^^ded againft as»hsf3ldi3^vdi-
ye&o And ftsrther, this Gouri doth Declare •■ Xfiae ai! iitcti tski\imo take
■jhe faid Oath, fhai? not have fss beneBt of onr Laws £o Impk'ad.j SsiSjcr recc-
ver any Debt ia any Court m Ormtsmihrn this 5u'-.fsd:«isj-i5rior Eave pjcts>:d'
Os3 from tJiis Government whJki^ they centinas iniurfi obiliE2SG reftifsL
And furthercore, It h O.'a srtd ,; That ?f any OiScer intrnfted v/iii; c'Jic Sk..
eiJsdon of this Order, do riegki^ or csrJt his s&r their dury therein, tiiey ftoll
be Sned according to their deiF^cjiis;, natg^tcgding fnt. pounds for one t^frej^ce,
being complained of, or ps-efirjiifid to ^he County Cc^urts or Couri: o^ hfiivii.r.*-; •
And this Law/ to be forthwith Fnmsd ar^d Pubfii'bids and cfi^itjsiiy cxecL>!gd
frem and afwr if.e !a£' of Novemi'<^r neKi. And thai; as? perfoiis that adf?;i:'-.ifki'
the Cat'j ab&vefatd, feJ8 in like maniicr rr>3ke fetura of ihe NsiTies of fsch per-
fons fo fwem to thfe sfS'itSmt CM^ki cithe Ca^inty Ce.'rts. Made OBokr
^ <^i? jS.ci(Uri!>n ts thf hiis K.<^ mch lil'fizy kp, fcr the frsvifitizn of the
PrcphiMcHsn cf the Sah^Mih^ and firi^igtbsmr.gth bjoih of Tyihlsig-^in
affointcdco infjell thefiin:<jt
It is Ordered thai thoIc Ty diing- men (hall be, and are hereby appointed and
Further dire- impowTcd to infced publick Ljccnfed Houfes as weii as private, and unlicenfed
,-ab(St^e' Koufes of entertainment i as akb f iTa- O^^cw ] to enter any fuch Houfes, and
Ikbbath. difchargetbeisrduty accordsns? to Lsv? .- And ^/^efJ.idTydiing■Inen5^eiJnpoy:■-
Ted to affifi: one another in f.hsir fev.;ral Precinftsj af ti io ^d in one anctbers
precinfts with as fulS power aa in their cwn^ a.id yet £c- s^tti'^ their fpecial clisf-
ges wJtbin their own bounds.
And it i* Ordered^ That the t/^hok Fjks ratf^d by the penaity of slii? Lav/ up-
on Dei in qtients, eirher in pMb-kkot rrivateHcHjft^-flian ber^miaed to tbe
Couaty Ti-eafiifer,a!}d tiie Xyching !Tie;n a'f&wance mads payable L'omhliT?.
Tjthing'KOu duty /ind Oaih.
I
T is Ordered by this Court and the Authority thfrcofjthat bsnccforth the S?-
^ left men cf each Town take care that Tythirsg- men be Annually chofen in
their fevera! crPcinSi cf their moft prudent and dTfcrcet !Rhabiums,and fworn ''''^"'g-"^''"
£0 the faithful difch'^rge cf the}? cr-l (where no Mag^ffrste or CommiffioMri^" Jj*""°* '
ari) before the Se'er^ncn cf the p:2ce, and she ftid Tythir.g rr.sn are required'' *
diligently to infpef: n!l hc.ifis Hcgr:rcJ, cy t:n*:ce-lgd, V7he"e they fnal! have fio-
jice, or have r:-'-^v.i to {ulpeft tha: c.::)y peribn o? perfons do fpcnd theisr sise
or Eftstes by ri^ht or by day ; in TipUng, giairjg, or othcrwife ur.profebiy,
oJ do fei! b;-c:ayle within dorcj or '.7;:hou£,{trong drink, wine, ale, Cideir,
Rhum, Branay's Perry, Mcthcglitl, ^c. without Siccnfc, and into faid hotifes
where fuch c:fords.v3 fh-,!! by thccn be fo'jnd, they may, and ers hereby requi-
red and ja\por;red :o cn^T inro and make [c?"ch in their Celhrs, or any other
places within OS.' about the fame v^herety-cy may r:;.'^;":, or hnvs notice,tti-t
Wir'.ss, ftrong bser, Ale, Cider, Perry, Matheglin,'S.hum, Brandy, <$-c. are
lodged •, and inc.''fe ^.cy fhail find any nz:"Avj of either, v/hereof the OK-rci's
do not give faid Ty thing-men a faticf"i'"':GryacGpont of their having the f£[E£,
iny three of ihem agreeing, they (hai! by Warrant fvora any Magi&ate, cz
Commiiiioncrs invefted ivirh Magiibatica! powrer, of (vvhere no MagiSrste is
within 6'.'e miles of the pl?,cc) they fliai! v7itho-dt VVarran: requiirir.g the aid of
the Conftable, feise, casry away, r>nd f::ure all fisch VVinjs, Throng Beer, Ase,
Cider, Perry, Mai'icgilB, Rhum, Brandy, e^r. and prefcnt an accctr.: diereof
with the names of the perfons from whom they took it to the nsKt Magiftracs,
or Commiflioner cf the Town where any be that ais inveftsd vith Msgiiiraticat
po\":sr, who may, and are hereby irtipowred to pjroesed againft fai J delinquent
pasrryes, ar.d dirpofe of fiid VVines.ftrong Beer,^o, as to them ftaiJ fcem mectj
and if for value more then ten pounds, they are then to bind fsid partyes over
to the Cojnty Court, to be there proceeded againft as the Law direfic. In cU
^ivhich Cafes full recompcnrc fhall be made to the Tythihg-mdn,a!Tsd cs^-'sr OS-
cers for ail their care,troubk & expences in fearching and fecaringfaid gcsds,
and the remainder of the Goods feizcd, or value thereof, where the Magi^rete,
County Court, or Coramiflioners Court, that have orderly Cognizance thereof,
fhall not fee rcafon to return the fame to the partyes from whom it was taken,
the fame (hail be put into the County Treafury.
Alfo the Tything men are required diligently to itifp-iathe manner of all dif-
orderly perf&ns,&: whereby more private admonitions they will not be reclaim-
ed,thev are from time to time to prefent their names to the next MagiPirate, or
Commi;Ticner invefted with Magiftratical power, who (hall proceed ag2::;fS
tJicm as the Law direfts, as alfo they are in like manner to prefent the nataes os
eIS fsnglc psrfons tliar live from under Family Government, ftubborn 6i d jforder-
ly ChiSdren 5s Scrvar.ts,night-walkers, Typlers, Sabbath- breakers, by night dr
by day, and fuch as abfent themfelves from the publick Worfhip cf God on the
I/>rds ^ayes, or whatever elfe ccvrfe or praftice cf ar.y perfcn cr peffons what-
focvcr ceding to debauchery, Irreligion, prcphancls. and Atheifm amcngft u%
•Bhet'e* by oraifilon ofFamify Government, nurture and religious dutyes a?.d
inftruftion of Children and Servants, or idle^ pi-ofligate, uncivH or rude prafti-
ces of rry fort,tbe names of ail which perlo;is with the raft whei'eof they are ac-
ctffed, £cd wkneiTes thereof, they fhall prefent eo the nest Mr.c;(v;ra:e,or Corr -
lai'^oncr^ where any are in the faid Town invefted \T?ith Magifjratki! power,
who fhaii proceed againft and punifh all fuch mifJirneATSours by Fine^' Irapri-
fonmcnt, or binding ove? tothe County Couit as the Law direfts.
^TXTHereojyoH A. S, finchefina Tphini-maawith-nthi Tovntf D.
▼ V fo? onsyar, nri;il other ih chofitj andfifsrts in p:ir room andfieatliyou — , . ,.
do hcrefrviar tf the living God that you VefH eiiltgintl/ endeavour^ and to the utmofi Oatij, ''
of jour /ihUtjpirforw and intend the iuij jf),our piaca acccrdii:^ to the p6rticu!«srs
ffaifiedin the l^wfpauiiar tepar OJficet So hslppu Gcd,
By die Gcur:, Edw'xril FJ-afef^i Sect*
• -»
^Q»,
GENERAL COUR T
Held at Bollon the ^^- of May
T His COURT taking into Confideration the great Difappointment the Coun-
crey hath fuffred by rcafon of non-appearance of Souidiers ImprefTed for
feveral expeditions .- Do judge meet chat every pcrfon ImprefTed as a Soul-
dier for the Service of the Country, and reglccling to make his appearance
according to Order : every fuch Foot Souldier fhall pay [he fum of four Pounds, and
every Trooper (hall pav the fum of fix Pounds : and if thdr negleds or refufal be ac-
companied with Refradorinefs, Refleftion or Contempt upon Authority, fuch perfons
{hall be puniflied with Death, or fome other grievous punifhiuent.
And the Committee of Militia in the f::veral Towns where the oflfence is committed
are hereby impowred and required to call before them all fuch as (hall be Delinquents
as is above cxprefTed, and on Convidion of their negled to give Warrant to the Con-
ftable to levy the faid fines, which faid fines (hall be improved to purchaie Arms for the
Towns ufe ^ Provided it (hall be in the power of the Council upon Petition of any per-
fon agrieved, and juft reafonalleadged and proved to make abatement of the faid fintfs
as in their wifdome and difcretion they (hall judge meet. And it is hereby Ordered
that the return of all neglefts and dtfcAb in the cafes aforefaid, be fciit to the Com-
mittee of Militia in the feveral Towns,' who arc hereby required to take care for the
ftrift Execution hereof.
By the COURT Edward 7^^/on Seer.
At a Court
Held at BoHonm
NEVViEN GLAND
the 2p'*- ofc^March, 167?
THe CO UN C 1 L Ifeing^ informeJ^ that J7me
fira.nge Indians^who have been in Hoflility again ft ms
Or have lived dmen^ft jtich^ are brought into thrs -furtf-
diBion^ and bought bj fcveral perfons^ whith ctufeth
much trouble and fear to tie Inhabit ants where thej re-
ftde,indmi')beofdangerouiconfeciuenee. not only to the Towns wbire
they live J but to the whole ^urifdtdion , ifnvt timely prevented:
It is therefore Ordered that what perfon foever within this Tu-
rifdi(5lion {hall hereafter buy or keep aboveten dayes afterthe pub-
lication hereof, any fuch Indian, Manor Woman already bought,
abovetheagcoftweJveyears, without allowance from Authority,
ftiall befidcs the forfeit of fuch Indian or jndjans, pay the fine of
five pound to the Treafurer of the Country, and the Confta-
blcs of the (evcral towns are ordered forthwith topublifh this
Order in the rPrecinds.
By the COUNCIL, Edward Rawfofl Seer-
S4"Z
^tACOVO\CCIL
Held at 'Boston th^tb. ofjfril, i Cyy
\He COV 0\[^CIL being informed, that
I among other Evils that are prevaili?7g ^-
' mong us, in this day of our Calamity, there
is praBifedbj fojne that vanity ofHorfe racing, for
mony, or monyes veorth, thereby occajioning much
misffence ofpretious time, and the drawing of many
perfons from the duty of their particular Callings,
vpith the hazard of their Ltmbs and Lives,
It is hereby Ordered that benccforth it fhall not be Lawful Tcr any pir-
fonstodo orpradife in that kind, within four miles of any Town, or in
any Highway ot Common Hode, on penalty of fotficting taCKty Si^,llin£sC-
piccc, norfhall any Game or ran in that kind for any mony, or monyes wortw
upon penalty of forfieting Treble the value thetcof, ont b all to the part yr
formin£y and the other half to the Trf tf/wry, nor fhall any accompahy or
abbett any in that pradice on toe hk? penalty, and tbis to continue til the Ge-
Dcral Court t take futthet Order.
kndiWConfiahki tefpef^ively are hereby injoyncd to prcfent the Names
of all fuch as ihall be found tranrgrcrfing, contrary to this Order to the
Magi^ratc.
Dated t\\t ninth of ylpril ^1^77
"By the Council
Edmrd %avpfon Sec.
COUNCIL
Held at Bofton, ti5March 28. 3678.
-yF' "TT" W " '^T' HeriM many Complaints have hien made, tSat feveral
^L / % / P^''!'"" ^"^^ ^"'^ k^lltd hj fuchas have pretended ta
^k / % / have {hot at Fo^le^Hrdi iic. and that in ornear High-
^/ %/ veajes; and many take the fjcldneft Mponthem, 7outht and
T T grorvn Perfont, too fre(jucntlj te (hoot within the Limitt
efTewHf, Orchards, Gardens, &C. with hallits, greater or fmaller /hot, on pretence of
/hooting at Atar^j^ Bird.r, Fow/e ^cAXherelri Perfont are endangered to he kjlled in
their Gardens, Orchards, or adjacent Commonty To prevent fuch inconveniences and
mi/chief J for the future.
It is hereby Declared and Ordered. That all orany Perfon or Perfons of what
age or Condition foever,that diall from henceforth prefurtie to fhoot ofTany Gun or
Guns.charged with Bullet or Bullets, Swan, Goofe, or other (hot towards any Mark
or place thatthc Militia in fuch Town or Towns have not appointed; oi" {o near or
into any Houfe, Barn,Garden, Orchards orHigh-wayesinanytown or towns of this
Jurifdidion.whereby any perfon or perfons (Tiall or may be killed,wounded.or other-
wife damaged,fuch perfon or perfons fo offending ftiall be proceeded againft either as
Murtherers.orfuch as have wounded or damaged any perfon or perfons, in fuch place
or places, (hall he liable toanfwerit, and to raakefullfatiffaftioninallrefpefts to
fuch perfon or petfons both for cure and damage^ and be alfo liable to fuch further
punifhmcntas the Authority of the place that hath Cognizance of the offence rtiall
appoint: And where either they be Servants or Youths under their Parents or Ma-
tters and ftiall not be able to make fuch fatisfeaion,fuch Parents or roafters (hall be
liable to make full and due fatisfaftion in all refpefts r And the Sclcft men of each
town are hereby appointed to fee that this be put in esecut
By the Council. Edward Ti^rp/onStcr"
AT A
General Court
Held 1 6 MARCH, 1 680-1.
AS an addition to the Law title INKEEPERS, Sect, i:
IT is Ordered by this Court and the Authority thereof that for the
futuer the Select men of all Towns shall approve of all Persons to
be Licensed before Licence be granted to any of them by the
County Courts to Keepe such Publique House or be Retailer of
Strong Liquors in any of the said Towns, and all Persons shall an-
nually renew there Licenc at the Spring Court in there respective
Countys.
2. Before any Licence be granted the Gran jury shall
bring in there Presentments, and in case any Licenced Persons shall
be presented or prosecuted by the Select men or any other for
transgressing the Law refering to such Persons and be legally Con-
victed, besides the Penalty which the Law appoints as a Punishment
for there Misdemeaner there Licence shall not be renewed untill the
Fine be paid, and upon a Second Conviction they shall forfeit there
Licence and the Persons annualy licenced after the first day. of Oc-
tober next shal not exceed, e^z's-, in Boston, six Wine Taverns, ten Inholders atid
eight Retailers of Wine and Strong Liquors out 0/ doors ; In Salem, Wine Taverns,
two; Jnholders,fowcr; Retailers for Wine and Strong Liquors, fower. In CharleS-
towne, three Publique Houses and one Retailer for Wine, etc., out of doors. In Ips-
wich, two Publique Houses and one Retailer for Wine. In Gloster, two; Lynn,
two; Hingham, two; Newbery, two Publique Houses. And in no other
Towne in this Jurisdiction more than one such Publique House or
Retailer.
3. It is hereby declared Lawful! for any of the County Courts
to punish the Transgressors of this Law by Fine, Imprisonment or
Corporal Punishment not exceeding Ten Stripes for the First Ofence.
This Court Judgeth it meet to grant the Towne of Boston Liberty
for the futuer to send Three Deputys to the General Court.
Castle Souldjers are to be alowed Head Money but for one Rate
only in the Yeare.
As a furthur Addition to the 4th Sec. of the Law title Town-
ships :
It is Ordered that the Inhabitants of every Town qualified as in
the said Law is Exprest may Choose any of there Towne for Consta-
bles, Select Men or Jurors, althoe not Rated as is expressed in said
Law. And such Persons as shalbe so chosen and officiating accord-
ingly shall forever after have free liberty to choose and be chosen to
any of the said Places and Trusts as any other of the said Towne.
And it is further Ordered that all Military Commission Officers
whilste in Commission are free from being chosen Constables in this
Jurisdiction.
B Y T H E
GOVERNOUR and COMPANY
of the MASSACHUSETS BAY in NEW ENGLAND.
OS^
ATT
A
General Court
Held at BOSTON BY ADJOURNMENT from the 28th of
JANUARY to the j8th of MARCH, 1684.
WHereas this Coitrt for Prevention of questions and Suits at
Laiv that iniglit arise upon Deeds and Conveyances of Houses
and Lands wherein the word (heire) if omitted when an Es-
tate of Inheritance is intended to be passed, did by the Law, tit.
Conveyances., Deeds and Writitigs, Sec. 2:
Order, that in all Deeds and Conveyances of Houses and Lands
in this Jurisdiction wherein an Estate of Inheritance is to be passed,
it shall be expressed in these words or to the like effect, viz : to have
and to hold the said House or Land respectively to the Party or Grati-
tee liis Hcires and Assigns forever, and therein provided that Law
should not extend to any Land granted or to be granted by the In-
habitants of any Towne, thereby intending although it is not so
plainly expressed, that such grants of Lands by Towns are an Estate
in fee simple, not withstanding the word Heircs and Assignes/preTer^vQ
therein omitted, the afforesaid Law being intended for the direction
of Private Persons only in their particular Deeds and Conveyances
of Lands from one to another.
As an Explanation of said law, ///, CONVEYANCES, DEEDS
and WRITINGS and Addition thereunto, It is therefore by this
Court and the Authority thereof Ordered, Enacted and Declared,
that all [such] Orders or Grants of Lands heretofore made by this
Court, or by any Towne or Towns in this Jurisdiction were and are
intended and shal be Construed and Judged in the Law to be an
Estate in fee simple, and are hereby Confirmed to the said Persons
and Townships their Heires and Assignes respectively forever. Provid-
ed all ways that such Grants as do expressly declare otherwise, viz, to be
for Terme of Life or for Tenne of Years, or during Plesiire OX the like shal not
be Included in this explanation or Law. And when any Person or
Persons shall take out any exemplification of any such Grant of this
Court under the Secretaryes Hand and desire the Scale of this CoU-
ony to be affixed thereunto, the Governor for the time being is here-
by ordered and impowered in his Testimoniall to Insert that the said
Grant of Land is Confirmed by the General Court held at Boston March iS, 1684, to
the said Grantee or Grantees and to their Heires and Assignes respectively forever.
By the COURT,
EDWARD RAWSON, Secretary.
This Law was fairly engrossed on parchment and the Seal of the County, and
so published by order of the General Court and left on file with the Secretary.
[NOTE : — The reader is requested to consult also the Colonial Records as printed in 1854, \'ol, V., pa^e
473, for a correction ordered in this Law, by striking out the word :^Hch in the fourth line of the second paragraph.
I have put it in Brackets In the text, though Hutchinson omitted it.— \V. H. WHITMORE.J
BY THE
GOVERNOUR AND COUNCIL
Ajfmile^ at BOSTON the z^. of j^^ril, 1^85,
To all Hi? MAJESTIBS Sabjeds widiid the Government of the
MASSACHVSETS COLONT,
Forasmuch as wQ are cred'tlly Ttiformed^ that there is a Shl^ of ahitt three
Hundred Tonns that hath for fome time heeri erufing on the Coafijbetween,
Martyns Vineyard <7»^ Cape Cod, without the Limits of this Colony ^
whereof Chriftopher Goffe is Captain, and one John, Salter is Mafter,
end hy our heft Information isjulfly deemed and vehemently fufpeHed to have been.
Wickedly and PiraticaSytaken from fome of His MAJESTIES Allies in the
Weft Indies, and doth further appear to he truS hy their not coming under Command',
Now that no Perfon or Ferfons may plead ignorance of His MAJES TIES Pro-
clamation, or of the Law Made, and Puhlijbed hy the'Govemovr and Company of this
His MAJESTIES Colony agreeahle thereunto, hearing Date, Jnly^^K 1684.
Thefe are therefore in His MAJESTIES Name, ftridly to Charge and
Require all Perfons whatfoever within this Jurifdidion, not to refort xinto, or
m any wife joyn therofelves with faid Goffe or his Company, nor to receive or
conceal any of the Goods coming out of faid Ship, nor nourifh or comfort in
any kind Entertain, Harbour, Counfel, Trade, or hold any Correfpondence by
Letter or otherwife with them the fiid Coffe or Company, contrary to faid
Law, and under the penalty therein provided.
By Order, Edward Rawfon Scot.
INDEX TO COLONIAL LAWS.
ABILITY (see Age).
ACAUIE
liability of persons trading with . 296, §(!
ACCOUNTS (see Debt).
ot public officers (see under titles of
office).
on books, to be balanced within three
years 39, §1
extensions granted . . . 204, §1;
219, §1; 253, §'J
repealed .
of towns, for arms, etc.,
I'r.o. §(;
settled, 240, §23
fur Indian war, cuniiiiittees to audit . 248a
ACKNOWLEDGMENT
of deeds, etc. . . . . . 33, §4
ACTIONS (sec Appeal, Ai-peauance,
Court, Evidence, Defendant,
Witness).
where triable
rules for entry .....
pleading and evidence
return of attachnienis
fees for entry .....
additional charges .
of clerk of court
of trespass, excessive damages
in general court, to bear whole
charges .....
plaintiff may withdraw
renew in another court,
vexatious suits to pay treble dam-
ages ......
strangers may bring in any court
against non-resident
where parties live in different towns
to be brought in either .
under forty shillings
tnnsferred to court of assistants in
disagreed cases ....
penalty for non-appearance of party
when called
asking advice of magis-
trate in . . .
of attaint, may be brought against
jury
ADJOUUXMENT
of general court, by consent of
majority of members
of county court by magistrate .
question as to legal-
ity, resolved . 288,
ADMINISTRATOR (see Estate, Ex-
ECCTOR, Intestate, Wills).
to bring suit as such
duties and liabilities . 157, §1
2
§1
2
S-'
2
§2
i
§2
*;
§*
3,
§5
130,
§1
2,
§3
3,
§fi
3,
§"
3,
§'
3,
§8
38,
§8
21,
§1
21,
S-'
87,
§*
87,
§•!
34,
§1
201,
§1
35,
§5
39,
§1
appointed in vacation of court ,
of insolvent estates .
AinilUAL AT SEA
chosen yearly by freemen
. 8,§1
3.30, «5 ;
333, §1
. i:>8. §2
. 250, §4
. 48, §4
ADMIRALTY
cases to be heard by court of assist-
ants 213, §1
ADULTERY
punished by death . . . . 15, §9
by soldier, penalty . . 230, §13
ADVICE (see Counsel).
AGE
of discretion . . . 1,§1;91,§1
of understanding .... 15. §14
of consent . . . . .15, §15
of apprenticeship .... 26, §1
of minority of women in case of
marriage ..... 28, §6
of responsibility for arson . . 51, §2
religious belief . 59, §2
observance of the
Lord's day . 132, §1
of witnesses giving testimony out of
court 158, §2
of Indians for service . . . 251, §7
military service .... 109, §9
for passing lands, etc. . . . 1, §1
for jury service in civil cases . . 1, §1
for choosing guardian . . . 1, §1
for making wills . . . . 1, §1
for appearance in civil cases . . 2, §1
criminal cases . 2, §1
for exemption from death penalty
for sodomy . . 15, §8
for unfilial conduct . 15, §13
for taxation 23, §3
for contracting legal debt . . 27, §4
to acquire freedom of the common-
wealth 5C, §3
to he chosen town officers . . 148, §4
to take oath of allegiance . . 2(>2, §2
ALARM (see Militia, Sentinel, Watch).
from town to town, how raised . 271, §8
ALLEGIANCE
oath of , prescribed . . . . 2R1, §1
for all over sixteen years . 202, §2
magistrates to administer . 263, §2
refusers to have no civil
rights .... 340, §4
penalty for service with enemy or
against allies .... 315, §1
ALLEN, CAPT. JOHN
appointed searcher of coin in Charles-
town ...... 118, §3
AMESBURY
enlistment of troopers in . . . 313, §4
AMMUNITION (sec Militia, Forts).
general court to make a constant
supply 112, §14
selectmen to ])rovide . . 112, §15
towns to furnish safe place for keep-
ing 112, §15
importation of, to be reported to
public notary .... 125. §1
Index to Colonial Lavjs.
AMMUNITION, continued.
exportation of, without license, for-
bidden 120, §2
searchers of powder, appointed . 12ij, *}■_'
oath of . Jliy, §;"o
towns to provide flints . . 2^7, §l;>
ANABAPTISTS (see Heresy).
to be banished ..... 50, § 1
ANATO.MY
boilv of executed criminal . . 30, §1
ANDOVEU
desiftnated as frontier town . . 247, §5
ANDREWS, SAMUEL
appointed surveyor of land . . 29G, §!)
APPAREL
excess in, prohibited . 5, §1 ; 233, §3
penalty for wearing gold lace, etc.,
by persons of estate less than £200, ">, §1
grand jury to present offenders . .5, §1 ;
233, §3
selectmen to take notice of . . 5, §1
magistrates, military officers, etc.,
privileged 5, §1
of children and servants not to ex-
ceed their quality and condition . C, §1
tailors to be fined if making garments
contrary to order of parents, etc., 6, §1
penalty for wearing long hair or peri-
wigs 232, §2
APPEAL
from inferior courts to court of as-
sistants . . . . . . 3, §1
from one magistrate to countv
court . . . . 3, §1 ; 13, §2
from court of assistants to general
court in capital cases . . . 3, §1
from court of assistants in Dover
and Plymouth to county court . •), §1
from one magistrate or commissioner
of towns . . . . . 21, §2
from commissioners of Boston to
court of assistants . , 22, §3
by disobedient children and servants, 27, §2
from estimate of damages by laying
out of highway to county court, 64, §1
from county court to court of assist-
ants concerning settlement of
paupers 123, §2
from disposition of selectmen to
county court .... 148, §3
from selectmen of Boston to county
court on question of boundaries . 307, §1
from county court to court of as-
sistants in probate matters .331, §2;
334, §.!
to be made before execution . . 3, § 1
security to be given for costs and
damages in civil cases . 3, §1
for good behavior in crim-
inal cases . . . 3, §1
in matter of law to be determined by
the bench . . ". 3, §1
fact, by bench and jury, 3, §1
to be recorded at cost of appellant . 4, §2
reasons to be filed before court . 4, §2 ;
330," §4
penalty for failure to prosecute . 4, §2
no judge appealed from, to sit on ap-
peal 4, §3
to be judged according to former evi-
dence 4, §3
errors to be rectified ... 4, §3
damages increased or iibated . . 4, §3
APPEARANCE (see Non-Appearance).
form of bond for ... . 162, §3
APPRAISER
of land or goods, oath prescribed, 169, §31
APPRENTICES
to be taught to read the English tongue, 2G, §1
knowledge of the capital
laws . . . . 26, §1
catechized once a week . . 26, §1
brought up in some calhng . 26, §1
not to frequent public houses . . 27, §3
order to constables concerning . 149, §7
ARMS (see Militia).
sohliers to be furnished with . . 109, §8
inhabitants to provide themselves . 109, §7
of foot soldiers .... 108, §7
of troopers .... 113, §16
of pikemen . . . . 115, §20
inspection of . . . . 110, §10
penaltv of discharging, after watch .
is se't Ill, §12
shooting off guns forbidden on ves-
sels in port . 140, §4
in towns or on
highways . . 349, §1
Indians forbidden to carry, without
certificate ..... 252, §7
provision of 1,000, for use of country, 227, §3
soldiers to .iccount tor at expiration of
service 232, §2
ARREST (see Debt).
for debt, or fine, not to be made if
satisfaction can be found
from eslale . . . 6, §1
except in special contracts, (!, §1
concealment of estate . . . 6, §1
person arrested to be kept at his own
charge 6, §1
on civil action, keeper of prison not
to he charged witli support . . '!. §2
plaintiff to provide for poor debtor . C, §2
liberty to go outside tlie precincts of
prison, by whom granted . . 7, §1
keeper of prison to take bail . . 7, §2
for failure to pay taxes . . . 24, 3
of sailors for debt to innkeepers, etc.,
not permitted, 134, §1 ; 293, $1
vagabonds without wiirrant, I.">3, §1
night-walkers by watch . I."i4, §1
ARSON (see Fires).
of barn, etc., punished by whipping, 51, §2
of dwelling-house, etc., bv death . 52, §2
ARTIFICERS
to be taxed on income . . 21, 3
mav he required to labor at harvest, 161, §1
ARTILLERY (see Forts).
committee of militia and selectmen to
suppiv Ill, §11
ASSESSMENT (see Taxes).
of persons and estates . . 23, §2,3
public, definition of . . . .25, §3
ASSIGNEE
to bring suit as such . . . 8, §1
of bill or other claim to recover as
fully as the original creditor . 10, § I
assignment must be made upon the
back side of hill . . . . 10, §1
ASSISTANTS, COURT OF
election by freemen . . 47, §1 ; 247, §1 ;
2.S2, §3
nomination by towns . . . 48, §3
declared general officers . . . 48, §4
oath prescribed . . . 164. §10
sessions to be held at Boston yearly, 36, §7
powers of. . . . . . 36, §7
special sessions to be called for trial
of capital cases .... 36, §7
Index to Colonial Laws.
ASSISTANTS, COURT OF, continued.
appeal to, from inferior courts .
witli governor to form the council of
the commonwealth
to appoint commissioners .
to approve choice of commissioners
of IJoslon . . . . .
power to reprieve condemned male-
factor ......
power to call general court upon
urgent occasion ....
governor to have casting-vote .
to summon jurj' of inquest
to try Quakers . . . . .
on contumacy .
to fix punishment of .Jesuits
to determine cases in which inferior
courts disagree ....
to hear cases of attaint of .iury
all cases of admiralty .
may authorize residence of married
person whose husband or wife re-
sides abroad
ASSIZE
of bread . . . . 8, §1 :
casks . . . . IC, §1;
pipestaves .....
wood ......
ASSOCIATES
general court to appoint .
for county courts, to be sworn .
oath jirescrihed, 1
may hold court with one magistrate,
punish breach of the peace
manner of choice by freemen in
counties .....
powers in counties where tliere are
no magistrates ....
ATONEMENT (see Heresy).
penalty for den^-ing ....
3, §1
33
«1
20
§1
21
§3
35,
§■1
35
«5
35,
(jG
39
N^l
Gl
§9
(i.-i.
i;lU
G7,
§1
87,
§+
201,
<>I
213,
§1
101, §4
288
§+
283
<»S
122,
§1
IGO,
§1
3G,
?r
20,
§-'
G(i,
iilT
;u;.
«i7
11,
SI
21G,
§3
208,
§2
59,
§1
ATTACHMENTS (see Sdmmons, Exk-
cuTioN, Debt).
to be issued in king's name . . IBI,
form of, jirescribed .... 1G2,
to be granted by clerk of writs . 29,
jilaintiffm^y take out against any person, 7.
foreign plaintiff togivesecurity, 7, §1 ; 283,
notice to be served in writing at
usual place of abode ... 7,
when defendant is out of jurisdiction, 7,
execution respited ... 7,
to be served six days before court . 7,
to express in whose name the suit is
brought
exception to be taken before issue is
joined 8,
inarslials may serve . . 8, §1; 103,
deputy marshal not to serve . . 220,
fees to be paid marshal before service, 220,
to be directed to the constable in towns
where no marshal dwells . . 8,
limit of time for service . . . 330,
not to be diiL'bargeil until judgment
is s.atisfied ..... 144,
void in default of execution one
month after judgment . . .144,
for debt, void against sailors, 134, §1 ; 293,
by stranger against stranger . . 294,
against master of vessel . . .294,
ATTAINT (see Jury).
of jury for erroneous verdict .
to be trieil before court of assistants
penalty on conviction
rules for prosecution of .
ATTOKNEV
in any inferior court ineligible as
deputy to general court
may bring suit as principal . 211, §
of towns, question of authority re-
solved 2G6,
201,
, 201,
202,
. 319,
§1
§2
§1
§1
§«
§1
§1
§1
§2
8, §1
§1
§3
§6
§1
§1
§2
§2
§1
§1
§1
§1
41,
B
BAIL (see Appeal, Arrest, Debt).
after commitment for debt
person under, to be heard at nex
court .....
not allowed in case of deni.il of word
of God .....
not allowed in case of Quakers
capital cases
for contempt in open
court .
BAKERS (see Bread, Markets).
each to have a distinct mark for his
bread .....
weight of ])enny loaf
clerk of market to inspect 8, §1 ;
light weight bread to be forfeiteil to
use of poor ....
bread to be used in bakers' families
to be of prescribed weight .
to be taxed on income
BALLAST
not to be taken without written per
mission ot selectmen
not to be cast into channel or liar
bor
BALLOT
election of deputies by
general officers
to be cast open or once folded .
nomination of magistrates by .
form of jirescribeil ...
r, §2
38, §10
.-.9. 52
Gl. ?9
-J, §1
74, §1
8, §1
8, ^1
288, §4
8, §1
9, §2
24, §3
9, §1
y. §1
40, §1
47. §2
4", S2
47. !i3
274, §1
BANISHMENT
by judgment of general court .
for defamation of magistrates .
trading with Indians .
to be tried before court of assistants
at Boston .....
special jury to be summoned .
of Quakers' . . . Gl, §9;
BAPTISM (see Heresy).
of infants, penalty for opposing
BARBERS
to be taxed on income
B.iRRATRY (see Actions, Vexatiots
Suits).
definition of common barrator .
the court may reject the cause and
punish the barrator
BARTER (see Indians).
with Indians .....
BARREL (see Cask).
length and quality of staves pre-
scribed ......
BASTARD.
reputed father to maintain the child,
BATTER, EDWARI}
appointed searcher of coin in Salem,
B.A.TTERIES.
coiiimitlee of militia and selectmen to
keep m repair ... 1
BATTERY, ASSAULT AND
appeal to county court . . .
3G. §G
247, §8
3G, §7
8G, §1
63, §10
59, §1
24, §3
9, §1
9, §1
75, §2
17
§1
55
§3
118
§3
11,
§11
21
§3
Index to Colonial Lmos.
47, §1
39, §1
H, §7
247, §7
. 16
«1
. IG
«-'
170,
§35
!0G
%■>
239,
§19
. 11
§1
. C9
§4
. 7li
§^''
. 80
§^
9,
?1
9
§1
9
§1
4
§7
4
§7
BAWDERY (see Brothel, Whoredom),
BKANS
use of, in election of assistants .
BEASTS.
cruelty towards, forbidden
copulation with, penalty .
BEAU DON, JOHN
petition for relief, committee ap'
pointed ....
BEEF (see Cask).
assize of casks ....
regulations for packing
packers of, oatli ])roscribed
importation of, forbidden
suspended
BEER (see Brewers).
quality of, regulated
tax upon sale in public houses .
not to be sold or given to Indians
any may sell out of doors
quality and price of that sold by inn-
keepers . . . . 80, §2; 251, §5
BENEVOLENCE (see Gifts, Grants,
Legacies).
when to be granted by general court,
by private citizens for public use
trustees to account to county courts,
BESTIALITY
in man or woman, to be punished by
deatli ......
the beast to be slain and buried
BILLET
of soldiers in Indian war, rates es-
tablished . . . 253,
BILLS (see Assignee, Dedt).
assignment of .
penalty lor forging ....
of exchange, exempted from usury
law .....
of lading, see Customs, Invoice.
BIRTHS
record of .....
parents to report ....
BLASPHEMY (see Cursing, Heresy,
Profane Swearing).
definition of .... .
punished by death ....
books containing, to be burned
utterers of, forbidden entertainment,
by soldiers in camp, penalty .
BLTSS, LA WHENCE
appointed searcher of coin in Spring-
field ' .
BOARDS
measurers of, selectmen to appoint .
BOATS
penalty for taking from moorings
without consent . . . 212, §14
BONDS ( see A rpEAL, Arrest, Sureties).
to be taken by clerk of writs . . 29, §1
sureties to be held until satisfac-
tion 144, §1
released in default of execution one
month after judgment . . 144, §1
of unlicensed innkeepers on com-
plaint 84. §18
of vessels in port
for appearance, form prescribed
prosecution of action of attaint
to be given by strangers sueing in-
habitants 207, §1
for good behavior of those who in-
dulge in rioious pleasures . 23C, §12
in case of forfeit, the case to proceed
iis in non-appeararice . . . 202, §1
§12
10, §1
54, §1
153, §1
130,
§2
130,
§2
14,
§3
14,
S:!
(!0,
§3
60,
S4
229,
§1
118,
§3
15(5,
§-'
139
S3
1(;2
S3
201
SI
BONDS, continued.
in case of forfeit, execution to issue
against sureties .... 202, §1
BONDSLAVERY
prohibition of 10, §1
except captives in just
wars, taken or pur-
chased . . .10, §1
Christian usage prescribed . . 10, §1
by judgment for crime . . . 10, § I
BOSTON
county court for Suffolk to be held
in 37, §7
fairs and market days established . 49, §1
penalty for galloping in streets of . 57, §1
deniers of the word of God to be
committed to prison . . 59, §2
books of Reeves and Muggleton to be
burned in market-place of . GO, §3
composition of committee of militia
in no, §11
rule of seniority among captains of
companies . . . . Ill, §11
order for division of foot companies
in 217, §2
entertainment of Indians in, forbid-
den 225, § 1
account to be taken of strangers . 226, §7
strangers not to be entertained with-
out authority .... 226, §8
accountsof Indian wartobeauditedat, 248a
mint estahUshed at . . . . 117, §1
searchers of coin appointed . .118, §•'<
shipping officer appointed . . 139, §3
special duties . . 140, §3
surveyors of damaged goods ap-
pointed 295, §8
established as port of entry . . 298, §1
naval office established ■ . . 289, §1
receiver of fortification dues ap-
pointed ...... 140, §,">
country rates for 1672 allowed for
repairs of forts .... 203, §2
selectmen to regulate employment
of porters 124, §1
penalty for refusal to serve as con-
stable of, -.vhen chosen . . . 148, §5
cage for Salibath-breakers to be set
up in market-place . . . 250, §2
watch established to prevent exit of
carts, etc., after sunset on Satur-
day 2.';; I, §1
regulation of assize of bread . . 288, ()4
number of licensed public houses, 320, §3;
351, "§2
to send three deputies to general
court ...... 352, §4
commissioners to be chosen annually
by freemen . . 21, §3
to be approved by
court of assistants, 21, §3
powers to try civil
cases to tell pounds, 21. §3
fees prescrilied . 21, §3
jurisdiction to include
Noddle's island . 21, §3
powers in criminal
cases . . .22, §3
appeal from, to court
of assistants . . 22, §3
marshals and con-
stables to aid . 22, §3
commissions of, to is-
sue under secre-
tary's hand . . 22, §3
Index lo Colonial Laws.
233,
2r.!l,
278,
307,
30'J,
93,
BOSTON, continued.
commissioners to punish ilisobedicnt
cliililri'ii anil ser-
vants . . .27, §2
powers of, in civil
and criminal cases,
extended . . 217, §1
to punish excess in
apparel .
building regulations, after fire
suspended
reenacted
partition walls,
wooden build-
ings . . ,'!27,
BOTTOMRY (see Vessels).
act relatini; to .
BOINDAKIE.S
of towns to be set within twelve
months . . . . 10, §1
marks to be reviewed once
in three years . . 10,
notice of per:iiiihulation . 10,
of private lands, penally for refusal
to survey yearlv . . . .10,
BOWLING (seeYiAMiNG).
fcirbiddcn in public liouses . . 57,
BKAINTKKE
searcher of coin appointed . . 118
BHANDING
for buri;lary and highw.ny robbery . 13,
of cattle liy towns . . .18,
of vaiiabond Quakers in contumacy, C3, §
BR ATT I.E. THOMAS
appointed searcher of coin in Boston, 118,
to seize provisions in-
tended for export . 239,
BREAD (see Bakers).
assize of, act regulating . . . 8,
weiitht of penny loaf ... 8,
to be marked by baker ... 8,
forfeited to use of poor if found of
light weight ..... 9,
for use in families of bakers . . 9,
clerk of market lo inspect . 8, §1 ; 9,
price of wheat for, how ascertained . 288,
BREWEKS (see Beer).
qualifications of . . . .11,
BREWEHS, continued.
liable in damages for furnishing un-
wholesome beer to ship-masters .
to be taxi'd on income
BRIBERY
of jurors, penaltj' . . . .
BRICKS
assize of and regulations of manu-
facture . . . 2«(i, §3 ;
cullers of, appointed
prescribed for buildings in Boston .
act suspended,
reenacted,
BRIDGES
on country highways to be built and
repaired by county
cost to be apportioned among towns
by county cinirt
in towns, responsibility for injury by
defect in
i!aniag"S, how recoverable
workmen may be impressed to re
pair .....
BROTHEL
punishment for keeping .
BUILDINGS
regulation of, in Boston . 307, §1
size of wooden, in Boston, prescribed
BURGLAHY (see Capita;. Ckimes).
penalty for, on secular ilays
the Lord's day .
to include breaking shop, vessel
etc
BURIAL
of suicide in common highway
of beast . ...
of executed malefactor
BUTCHERS (see Leather, Hides
Beef).
to be taxed on income
forbidden to act as tanner
penalty for injuring bides in flaying
neglect to cleanse iheii
premises
BUTTER (see Market).
to be weighed by clerk of market
forfeited to use of poor if foun
light ....
11. 51
24, S3
202. §1
321, §(
321, §+
2f>7, §2
278, ^2
307, §1
12, §1
12, §1
12, 52
12, §2
12, §3
208, §3
.^09, 51
327, §1
13. §1
13, §1
204, §1
137,
H,
30
§1
§1
24,
88
89,
§3
SI
§1
312,
§2
9,
§1
9
51
CAGE
fur confinement of Sabbath-breakers.
CAMBUIDGE
college in . . .
teaching elders to be overseers of
college ......
county court of Middlesex to be held
in
CANADA
liability of persons trading with
CAl'ITAl/CASES
to lie judged by general court wlien
to be judged by the law of God
appeal from court of as^istants
penalty for non-ap]iearance in .
no bail to be accepted
no limit to time in which indictment
may be brought ....
special jury to be summoned for
trial of
oath (if jurors
all witnesses required to be present .
two or more required for conviction .
2.-)0
§2
29
§1
29
§1
37
§7
295,
§c
1,
3.
ii;.
74,
§1
§1
!jl7
§1
79. §1
167, §21
159, 52
158, 51
CAPITAL CRIMES
third conviction of burglary or high-
way robbery ....
idolatry
witchcraft ....
blasphemy ....
murder, premeditated
in anger
fatal poiMining . .
bestiality .....
sodomy
adultery
man-stealing ....
perjury in capital cases .
treason . . . 15, §12
cursing or smiting parent
stubbornness ....
repealed
rape of maid or .■•ingle woman .
copulation with child under 10 year
of age
arson .....
heresy, obstinate persistence in
. 13
§1
. 14
51
. 14
52
. 14
53
. 14
5t
. 14
55
. 14
5'i
. 14
5^
. 15
§•<
. 15
§'•»
. 15,
510
. 15,
511
; 29.'
53
. 15,
513
. 15.
^u
. 291
52
. 15,
§15
. 15.
5ir.
52
§2
. i;o
§2
Index to Colonial Laws.
26, §1, 149,
. 291,
CAPITAL CRIMES, continued.
(iuakers, on return from banish-
ment, ......
piraey and mntiny . , . .
military service with foreign enemy
or against allies ....
in military camp (see Laws and
Ordinances of War).
CAPITAL LAWS
to be tauiiht children
repeal of certain
CAPITAL PUNISHMENT
sentence not to be executed within
four days except under martial
law ......
body not to remain unburicd .
warrant for execution to be signed
by the secretary . . . .
reprieve may be granted .
pardon only by general court .
CAPTAINS (see Militia).
(Wl'TIVITY (see Bond.slavery).
CARDS (see Gaming).
penalty for playini; at . . .
bringing into the colonv.
CARPENTERS
to l)e taxed on income
CARR, WILLIAM
appointed surveyor of land
CASK (see Gai'ceus, Coopers).
to Ije of London assize . IG, §1 ;
gangers and coopers to mark .
defective, penalty for sale of , ,
forfeited if not marked
lengtli and quality of staves and
headings . . . . .
of pickled sturgeon to be branded .
CASTLE, CAPTAIN OF
to notify masters of vessels on arri-
val to report concerning ammuni-
tion imported . . . .
to notify ships of port regulations
1 egulations concern-
ing striingcrs
soldiers of, allowance of head money,
CATECHISM
to be taught children, apprentices,
and servants once a week
special directions to constables ,
CATTLE (see Common Fields, Goats.
Horses, Swine).
when to he jvut in common fields
towns to establish brand mark
penaltj' for trespass if unmarked
unruly, to be sliackleil
proceeilmgs in case of trespass
m.iy lie impounded . . 18, §;i :
trespass on proi)erty insufficiently
fenced
rates of assessment for taxation
ri'dnceil
tax upon when brought from other
colonies
repealeil . . . .
number of, on common lands, lim-
ited
liberty to rest and feed when on the
road ......
customs duties ml . . . .
impressed lor |iul)lic service, com-
]H'nsation lor . . . .
to be prevented from injuring In-
dians' cornfiidds . . . .
all sales to he recoriled in toll-book .
astray, finder to notify constable
fil,
211,
315, §1
.SO,
51
■M,
§1
30,
«l
.-..1.
!(+
OO,
§■1
oS,
§1
24,
§3
29fi,
§!>
2S3,
Ifi,
Ifi,
IG,
17,
210,
§1
12G,
140,
14:;, 5(1
352, ^5
2G.
SI
149,
§■
IT,
«1
!•'*,
if:!
18,
§-
l.S,
«a
IH,
S:i
12.-,
SI
20,
51
-'3,
§3
JO I
SI
283,
54
287,
S2
211, §8
S"
42,
71,
73, §2
§1
SI
3C, §C
7G,
57
H7,
SI
142,
51
CATTLE, continued.
to place a withe about neck . 142
astray, to be cried in the town of
which they bear the brand-
mark . . , . 142, §2
recorded with county court . 142, §2
disposition of, if unclaimed
within one year . . 142, §2
loser to have liberty to search
any toll-book . . .14
CAUSES (sec Actions).
age for appearance in civil cases . :
to be first tried in inferior court . 152, §1
may be reviewed in same court on
new evidence .... 152, §1
small, to be heard by any magistrate, 20, §1
commissioners, 20, §1
selectmen . 21, §2
appeal to county court . . 21, §2
oath of three men who hear, IGC, §18
CENSURE
of magistrates by governor
of church, not to degrade from civil
office . . \ . . .44. §10
by county court of publishers of
heterodox doctrines . . . 01, §8
CHALLENGE
of pirors ...... 152, §3
CHARGES, PUBLIC (see Taxes).
of officials in service to be paid by
town or county ....
civil .and ecclesiastical
each inhabitant to contribute pro-
portionally to his ability . . 22
for public service to be paid on
treasurer's order in towns where
creditors live .... 325
CHARLESTOWN
county court of Middlesex to he held
in . . . . . . • 37, §7
market day established . . . 49, §1
committee of militia in . . 110, §11
searcher of coin appointed
selectmen to regulate employment of
porters .....
receiver of fortification dues ap
pointed .....
country rates for lii72 allowed for
repair of forts ....
surveyors of damaged goods aji
pointed
established as port of entry
number of licenses to he granted
CHARTER
of vessel, refusal of owner to sign
CHELMSFORD
designated as frontier town
CHILDREN (see Age, Parents).
to be taught to read the English
tongue ......
knowledge of the cajiital laws .
catechised once a week . . •
brought up to some calling
unruly, to be placed as apprentices .
disobedient, punishment for
debts contracted by, not recover-
able ......
not to be denied timely or convenient
m.arriage . . . - .
orphans, disposal of by court .
not to frequent public houses .
for enticing, penalty . . •
punishment for lying . . .
required to spin ....
allowance in trials at law
22, §1
22, §2
22, §2
§3
118, §3
124, §1
140, §5
203, §2
295,
298,
S'-i
§1
. 351, §2
. 93, §2
- 247, §5
2fi, §1
2G, §1
21'., 51
2G, §1
20, 5 1
27, §2
27, §4
28,
S">
28,
5G
27,
Sj.i
27
S3
\1i
51
141
51
152
S4
Index to Colonial Laws.
CHILDKKN, continved.
special order to constables concern-
ing 140, §7
of the church, to be watclicd over by
the elilers 233, §1
order concerning fifth command-
ment 235, §9
punislirnent for absence from home
;it ni^lit 23r,, §9
CHRISTIAN (see CHiiirH, Worship,
Hkhesv, Doctrinb).
private meetings of, allowed . . 44, §12
conlemptuiius hehavinr of, penalty, 44, §13
CHRISTMAS (sec HourMVsj.
penalty for observance of . . "i", §2
repealed .291, §2
CHURCH (see Elders, Mketixg-holses,
MlMSTLIis).
liberty to (father churches . . 43, §1
masristrates and elders to approve . 43, §1
no other tlian church menihers to be
freemen . . 38, § 12; 43, §2
repealed . . . hi',, §2
to exen^ipe all the ordinances of God, 43, §3
to elect and ordain officers . . 4;!, §4
to exercise discipline . . . 43, §5
freedom of dcictrine and worship . 43, §G
to celebrate d.iys of fasting, etc. . 43, §7
elders to consult . . . . 43, §8
to deal with members under the hand
of .justice . . . 43, §9
magistrates and other
officers . . .44, §10
censure not to degrade from civil
dimiiiy -t-i, §10
to he under supervision of civil
authority .....
private meetings allowed .
expenses of elders on public business
to be paid l>y treasurer ,
preachers and ciders of .
to he approved before or-
dination
penalty for disturbing peace of
conceited ])retences
absence from meeting
minister to be provided with house .
allowance for maintenance .
exemption from taxation
heterodox, to be removed .
acts of church officers to be chal-
lengL'd by no one unless in full
communion
chargL'S of .....
elders exempt from tax
members not exempt from public
service ....
penalty for refusal to serve,
cliildren of, to be watched over
CIDER
tax upon sale in public houses .
not to be sold or given tii Indians
sale of. at trainings, forbidden
CIVIL I'RIVILKGES
not to be abridged except by express
law or word of God . . . 1, §1
CLAIM
to title of real estate must be prose-
cuted within five years . . . 124, §1
against insolvent estate to be proved
within twelve months . . . 250, §4
CLARK, XATHANIEL
appointed nav;il officer for Newbury
and Salisbury .... 313, §7
CLERK OK THE BAND (see Militia).
44,
«11
a,
§12
44,
§13
44,
§13
44,
§13
44,
§14
4.5,
§14
45,
§15
45,
§16
45,
§1-
26
-§l
40,
§18
46,
§19
2l
■§-'
23
,§3
55
. §1
.>o
. §1
233
.§1
C9
. §4
7(
•§^
205
. §1
CLERK OF COURT (see Courts).
CEERK OV MARKET (see Market).
CLERK OF WRITS
nominated l)y town and confirmed by
shire court . . . . ,
to grant summons, etc., in civil
actions
fees ......
warrants to be directed to constable .
to collect marshal's fees .
to keep record ot town brand-marks,
grant attachment . . . .
to register horses for transportation .
to record births, deaths, and mar-
riages .....
to record returns made yearly to re-
cords of county court
to keep toll -book of horses and
cattle
to notify court of resignation of ex-
ecutor . . . . .
to record testimony taken out of court,
to issue all processes in king's name,
to require security on granting attach-
ment
to take security from strangers bring-
ing suit . . . . .
to receive tax upon cattle.etc, brought
from other colonies .
repealed
authority of signature of .
CLOTHING (see Apparel).
act to encourage domestic manu-
facture of .... .
COASTERS, COMMON.
constable to present to magistrate .
COINAGE
mint established at Boston
master appointed by general court .
stamp of coins prescribed
value of alloy established
allowance for coining
weight of coins established
committee of general court to estab-
lish mint
exportation of coin pndiihited .
searchers to be appointed .
powers of .
appointcil by general court
in cert.iin towns
authorized to break open
chests, etc.
constables to assist .
Mexican pieces-of-eight declared
to be legal cur-
rency .
at six shillings per
ounce
COLLECTOR OF PORT (see Clstoms).
duties of .
oath prescribed . . . 1
COLLEGE
Harvard, in Cambridge .
preparation of youth fur .
revenue of ferry continued to .
annual allowance to president and
fellows .
to be levied in ad-
dition to country
rate .
students not to be entertained in
public houses ....
board of overseers, to make orders .
to dispose of rev-
enues
29,§1
29, §1
-9, §1
29, §1
29, §1
18, §3
29, §1
05, §1
130, §2
130, §2
147, §1
157, §1
L-.S §2
101, §1
283, §0
207, §1
283, §4
287, §2
264, §5
in,
60, §1
117
§1
117
§1
117
§1
117,
*(1
117,
§1
117
§1
118
§1
118
§-'
118
§2
118
§-'
• 118, §3
110
119
§3
202a
294,
§5
70
69,
§3
§33
29,
130,
30
§1
§2
§1
30, §1
30, §1
27, S3
29, §1
29. SI
Index to Colonial Laws.
COLLEGE, continued.
board of overseers, quorum of . 29, §1
appeal from to
full hoard . 29, §1
to distribute an-
nual allowance
among presi-
dent and fel-
lows . . 30, §1
to admit no in-
structors un-
sound in the
faith . . ISfi, §3
officers liable for rales levied to pay
war debt . . . 239, §20
of corporation excepted . 239, §20
COMMISSIONERS
af the United Colonies, elected by bal-
lot, 47, §2; 274, §1
form of com-
mission . 1G3, §5
of shires, appointed to carry votes to
Boston . . . . 47, §3
to return names of nomi-
nees to constable . . 48, §3
in Devonshire county,
powers of . . " . 218, §3
of towns, three freemen appointed by
court 20, §1
fidelitv to be approved by county
court . . . . . . 22. §4
oath prescribed . . . ICG, §1G
to hear small causes. . 2, §4 ; 20, §1
to issue summons or attachment . 20, §1
to administer oaths . . G, §1 ; 20, §1
to hear no cause in which they are
concerne<l . . . . . 21, §2
appeal from, to county court . . 21, §2
to dispose of cards or dice . . .""S, §2
to fine brewers of had beer . . .SO, §2
to punish breach of the peace . . 1 1 , § I
unruly children . . 27, §2
gamesters .... .18, §4
drunken Indians . . 78, §11
any that .ire drunk . . 81. §.">
singin<i in public liouscs . 81. §17
l)rofaners of the Sabbath . 132, §1
drinking in taverns after
sunset .... 1.33, §2
neglecting to -.vatch . . 154, §1
to designate towns through which
Quakers shall be whipped and
number of stripes . . . . G3, 11
powers in case of suspected misde-
meanor 324, §1
for settlement of insolvent estates . 250, §4
assessment of taxes . . . 23, §3
of Boston (see BoaxoN).
of Essex, Middlesex, and Sussex, to
set jirice of corn .... 25, §3
of martial discipline, form of oath, 1G8, §'.'6
for holding court among the Indians, 77, §9
for taking testimony of witnesses out
of court. . " . . . . 158, §2
COMMISSIONS
to bear the public seal . . . 135, §1
of miiitarv officers (see Militia).
COMMON FIELDS
no cattle to be put in until corn is
out 17, §1
maintenance of fence . . . 17, §1
liberty to fence in severalty . . 17, §2
improvement of . . . .19, §7
not to be assessed for tTxation . . 23, §3
liberty to keep sheep on . . . 137. §1
COMMON FIELDS, continued.
to be cleared of wood and brush . 138, ijl
restriction of privilciies in towns . 149, §G
majority of proprietors may limit
number of cattle on . . . 211, §8
penalty for keeping horses in without
license 209, §3
COMMONWEALTH
to read "jurisdiction " in laws prior
to ICSl 201, §2
COMPANY (see Militia).
CONCOUD
desiiinated as frontier town . . 247, §5
CONDEMNATION (see Sicxtenckj.
CONFEUENCE
of elders of churches . . . 43, §8
CONFISCATION
of light weight bread . . . 9, §1
of lands and goods for non-ajipearance
in capital cases . , . . IG, §17
of defective casks .... Hi, §1
of imported goods landed before entry, G7, §1
if hulk is broken . 296, §2
if laden or unladen
in ni^'lit-time . 298, §3
of goods and vessels trading with
Inilians . . . 75, §2; 247, §8
of certain provisions brought from
Europ forsale, lOG. §2
suspended . 239, §19
of estate of exporter of com . . 1 lo, §2
CON.SCIENCE (see Doctkink, Hekksv i.
liberty of, in voting .... 153, §1
CONSIG.VEE (see Customs).
to p.ay duty on imported goods . . 70, §2
certify value to collector . . 71, §5
CONSPIKACY
to rebel against the commonwealth
punished by death . . . 15, §12
to surprise towns or forts . . 15, §12
to subvert the frame of government, 15, §12
repealed . . . 291, §1
regnacted, substituting
" sovereign "for "com-
monwealth " . . 293, §3
torture authorized to compel convict
to reveal confederates . . . 129, §1
of jurors to render false verdict . 201, §1
oath to disclose, against sovereign . 2G2, §1
CONSTABLES
to be elected annually by towns . 147, §1
eligibility to office of . . . 148, §4
property qualification re-
moved .... 352, §G
oath prescribed . . . 1G8, §27
staff of office 31, §2
when to be carried . 221, §7
penalty for refusal to serve when
chosen . . . . 55, §1; I4S, §5
all attachments to be directed to, 8, §1 ; 29, §2
regulations for ser-
vice of . . 220, §6
to return attachments at first fore-
noon of court . . . . 2, §2
to levy fines 13, §2
to make returns to county treasurer
under penalty .... 151, §5
to impress workmen for public
works 12, §3; 73 §1
to search for stolen goods . . 1 3, §3
to aid commissioners of Boston . 22, § <
to collect town rates . . . 31, §1
to levy country rates on warrant of
treasurer . . . 24, §3
penalty for neglect . . 25, §4
Index to Colonial Laws.
CONSTABLES, coniinved.
til impress boats or carts . . . 2"), ?• +
levy by distres;- .... 'J'l, S+
ti> iitc'iiunt to treasurer liv May I . :.'.'i. §+
to collect after expiratiim <it term . 'J'>, §1
ill intdrni of persons entertainint;
youth 27, §3
to iiiHict wbippinjr or piinishnicnt or-
dered in tlieir own towns . . "1, §1
to convey offenders . . . .111. S;2
(d put forth and pursue line and cry, :'.!. ^-'
tu apprehend without warrant certain
oft'enders .".1, §'-'
to search licensed houses . . ill. ^'J
to summon jury of inquest . . 3!), §1
to make returns of elections of depu-
ties to general court . . . 41, §2
to receive and transmit vote^ of
towns ^'i §2
to impress assistance for apprehend-
ing and wliipping Quakers . . C", §10
to apprehend persons found at a
Quakers' meetin? . . 234, §4 ; 2.-)0, §3
to lake notice of iiUe persons . . fit!, if I
present list of, to selectmen, 230. §10
to warnjurors ..... 8G, §1
to seize mali, etc., brouiiht from Eu-
rope for sale . IOC, §2
repealed . . IOC, §:!
to hang sheep-killing dog . . 138, §2
in port towns to notify vessels to re-
]iort passengers on arrival . . 143, §1
to notify courts of strangers admit-
ted without license . . 144, §1
to serve all warrants of selectmen . 1.50, §.S
to apprehend vagabonds . . . l.)3, §1
to order watch ..... 134, §1
to provide standard weights and
measures for towns . . . I"",", §1
to verify tally of wolves killed . ICO, §3
to require artificers to labor at har-
vest, on request . . . ICI, §1
to arrest delinquent soldiers on of-
ficer's warrant .... 201, §3
to make quarterly list of persons wli)
have not taken oatli of fidelity . 257, §1
to convene inhabitants to t.ake oalh
of allegiance .... 203, §2
to read the S.abbath laws at some
public meeting . . . 272. §'0
to seize liquor on sale at trainings . L'li.i, §1
to assist tithing-man . . . 275, §4
to present names of persons racing
horses for money .... 347, §1
to furnish information of single
women entertaining lodgers . . 2lfi, §4
penalty for refusal of citizens to as-
sist . . . . . . 31, §2
jiroceedings in cases of resistance of
drunkard to assist . . . 81, §5
allowance from fees to marshal-gen-
eral 103, §3
order for settlement of accounts of,
in corn 29Ca
question as to authority, resolved . 288, §3
military commissioned officers ex-
empt from service as . . . 352, §7
fine for refusal to serve, in Salem . 247, §C
CONTEMPT OF COURT
not bailable ..... 74, §1
failure to appear to answer present-
ment of grand jurv . . . 8S, §C
CONTK.\CTS (see Debt).
to be satisfied in goods or money as
specified ..... 120, §1
CONIKACTS, continued.
corn, etc . no longer acceptable in
place of nionev .... 121, §2
CONVEYANfES (see Dkeds).
,act concerning ..... 32, §1
form prcscrilad .... 353, §1
COOK-SI Ktl'
Mui«t be licensed . . . .84, §18
COOPERS (see Cask).
to have a distinct brand-mark on liis
own casks IC, §1
staves, length and quality prescribed, 1,", §1
COPULATION
with beasts, punished by death . 14. §7
with maid or smgle woman . . 15, §15
with child under 10 years of age . 15, §16
CORD
of wood, measurement established . ICO, §1
CORN
taxes payable in ... . 24. §.1
price to be set . . . . 24, §3
when taken in distress, security to be
given 41, §1
use of, in election of assistants . 47, §1
penalty for wanton destruction . 51, §1
servants' and workmen's wages to be
paid in 105, §3
acceptable for county taxes at country
rates 152. §5
measurers of, appointed . . . Iji;, §2
cornfields, maintenance of fence
about . . . . 17, §1
insufficiently fenced, no
damage by trespass . 20, §1
of Indians to be pro-
tected . . . . 7C. §7
of absent soldiers to be cultivated . 245, §1
CORPORAL PUNISHMENT (see Tok-
T0RE, Whipping).
COUNCIL OF THE COMMON-
WEALTH
comprisedof governor and assistants, 33, §1
to be called by letters from governor, 33, §1
seven, including governor or deputy,
to have power to act . . . 33, §1
in extraordinary cases, as many as
may assemble .... 34, §1
power to impress soldiers, etc. . 34, §1
to reprieve condemned malefactor . 35, §4
to determine doubtful cases of cus-
toms duties . . . . .72. §12
to abate militarj' fines . . . 240, §2
to grant liberty to persons of military
age to leave town . . . 248, §11
COUNSEL
not to be sought of magistrate who is
to hear the cause . . . . 34, §1
COUNTY (see County Cocrt, Commis-
sioners, Militia).
to provide a house of correction . 127, §2
of Devonshire, established . . 218, §3
provision for court
in . . . 221, §9
accounts of, for Indian war, to be
audited at Boston .... 248a
to pay bounty for wolves killed . ICO, §3
not liable if killed in
another county . 325, §4
meeting-houses erected without au-
thoritv, forfeit to . . . . 2C7, §9
COUNTY COURTS (see Magistrates.
Associates, Actions, Witnesses).
to be held by resident magistrates . .30, S7
number of judges .... 30, §7
jurisdiction of . . . . . 3(j, §r
10
Index to Colonial Laws.
ST,
« +
;!(5
S"
.•i(J
F
H7,
«!7
38,
§8
22,
«4
I'l,
$-'
COUNTY COURTS, continued.
to determine settlement of pau-
pers 123, §1
to refer difficult questions to general
court 38, §11
disagreed cases to go to court of
assistants . . . . .
to appoint clerks and other officers .
summon juries, etc.
times and places of holding
special courts for strangers
to appoint commissioners to hear
small causes . . . 20, §1 ;
associates for .....
appointed by general
court . . . 3fi, §7
appeal to, in small causes . . 21, §2
to appoint trustees of public legacies
and gifts and require accounting . 0, §1
to apportion charges for repairs of
bridges 12, §1
may admit church-members to be
freemen
to fix minister's allowance
appeal from assessment .
to purge towns of heterodoxy .
to maintain the ministry .
to judge heretics ....
to question and censure publisher of
heterodox doctrines
to license erection of meeting-
houses ......
to appoint persons to lay out country
highways .....
to order removal of obstructions
upon highways ....
to punish idle persons
excess in apparel
to impose fine upon grand juries
neglecting duty ....
to license packers of sturgeons
to appoint searchers of .
to order new execution in case of
fraud 215, §1
to set the time a debtor must serve
in satisfaction .... 305, §4
to license innkeepers . 79, §1 ; 8+, §ir,
number limited, 235, §8
to punish violation of license . . 352, §3
to hear appeals from sentence of
magistrate for lying . . . 92, §1
may authorize residence of married
person whose husband or wife
resides abroad .... 101, §i
to compel restitution for overcharge
by merchants . . . 236, §11
to determine rate of wages in case of
difference ..... 105, §+
to appoint searchers of coin . .118, §2
to appoint master of house of cor-
rection 127. §3
to judge profaners of the Sabbath, 133. §1 ;
134," §4
to record finding of lost goods and
stray beasts 142, §2
to take probation of wills . . 157, §1
to divide estate of intestate . . 158, §3
to appoint commissioners to settle
insolvent estates .... 2.50, §4
to empower heirs, etc., to sign deed
of sale 296, §11
powers with reference to execution
of wills . . . 330, §5; 333, §1
appeal to, from disposition of select-
men 148, §3
38,
^12
45,
§1-
46,
iJl-
40,
§18
4G,
§18
59
§2
61
§8
267
§9
64
§1
65
P
66
SI
233
§;
233
§3
209
S4
210
§^
COUNTY COURTS, continued.
commissioners to have powers of,
among Indians ....
acts of an associate and magistrate
valid
question as to legality of judgment
at adjourned session, resolved
adjournment of ... .
in Dover and Plymouth, appeal to
in Devonshire, established
provision for holding,
clerk of, to return reason of appeal
to court of assistants
to sign warrants for judgments,
fee for recording judgments
to certify names of freemen to
secretary ....
to record names of such as take
oath of fidelity
to return all fines to treasurer
within fourteen days
to issue w.irrant for jurors
to record returns of executions
by marshal ....
to record judgments, evidence,
verdicts, etc.
fees for entry and transcrib-
ing-
to keep books of account of
fines
to record wills offered for pro-
bate
with two magistrates, to allow
probate in vacation of court .
with two magistrates, to grant
administration on estate of in-
testate
to issue all writs, etc., in king's
name
form of oath prescribed .
COURTS (see Generai, Court, ConNTY
CooRT, Actions, Magistrates,
Associates).
liberty of speech and petition in
contempt of, how punished
officers of, exempt from military ser-
vice
minority may have dissent recorded,
person under indictment to bo tried
at next court ....
verdict of jury to be final
clerk's oath prescribed
COURTSHIP (see Marriage).
i of maid, forbidden without previous
I consent of parents
COVENANT (see Oath).
CREDITOR (see Debt).
to prosecute claim with inthrec years,
to present claim against insolvent
estate within one year .
to receive satisfaction in goods or
money according to contract
may imprison debtor
levy on goods ....
CRIMINAL CASES (see Age, Bail,
Burglary, Capital Crimes).
all persons liable to answer without
regard to age ....
CRUELTY (see Punishment, Torture).
to animals forbidden
of master to servant
barbarous and cruel punishment for-
bidden ......
CULLERS OF BRICKS
towns to appoint yearly .
77
§9
208,
§2
288
39
4
218
221,
§5
SI
§1
§:<
§9
4
30
37,
§2
§-
38,
§12
258,
§1
51,
86,
§1
§1
102,
§2
129,
§1
130,
§1
151,
§-1
157,
§1
158,
§2
15S, §2
161, §1
215, §2
90, §1
36, §6
109, §9
128, 51
38, §10
201," §1
215, §2
101, §3
40, §1
250, §4
l-'O, §1
1-'1,§1
121, §1
2, §1
39, §1
105, §6
129, §1
321, §*
Index to Colonial Laws.
11
CURRIER (see Leather, Hides).
CUSTOMS, continued.
forbiilikMi to act <is tannir
88, §1
wines and liquors, rates upon .
'!8, §1 :
penally for producing infc-rior leather.
8'J, §3
2
53, §10
can receive no unwrouglit leather
goods and provisions, ratable as
unless sealed . . . 212, §13
other estates
70, §1
CURSING (see Profane Swearing).
valuation of .
70, §2
(if anv person or creature, penalty .
145, §2
after payment, not to be again
CUSTOM
rated the same year
72, §11
not to prevail in any moral case
master or purser to certify
against the word of God
12fi, §1
goods to collector
70, §3
CUSTOMS (see Exports, Imports).
parcels to be marked with name
collection of
fi7, §1
of consignee
70, §4
rccoveralile by action at law .
fiS, §2
value to be certified
71, §5
p.iyable in money ....
70, §5
duty to be levied by distress on
othcer of, and deputy
fiS, §1
failure to pay
71, §6
powers and duties .
68, §2
penalty for falsifying invoice .
71, §7
constables and others to assist.
«8, §2
special duty on European malt.
2oy, § 1
to collect harbor dues
Gil, §:?
export charges, on cittle .
71, §8
collector, empowered by treasurer .
70, §3
goods, hides, etc.
71, <i»
oath prescribed
icn, §33
law of 16G8 repealed
72, §12
to mark parcels
70, §4
law to be published in Boston and
to receive certified invoices.
71, §5
Charlestown .....
72, §12
to levy duty by distr>!-s
71, §6
Pascataqua river, questions con-
to rate goods improperly
cerning collections in .
72, §14
invoiced
71, §7
CUTTS, RICHARD
wines and liquors, entry of, C7, §1 ;
70, §,5 :
appointed receiver of fortification
32'J, §1
dues at Pascataqua
140, §5
DAMAGES
claim for excessive .
in actions of trespass
maybe recovered by ship-master from
jierfon furnishing unwholesome
beer
for injury by defective highway, etc.
by trespass of cattle . . .
of goats
of .-wine or calves, 20, §1 ,
by reason of insufficient fences
not exceeding 40 shillings, ni.iy be
determinid by magistrate or com-
missioners . . . . .
by negligence of master of vessel
by fiiuliiig at moorage
by coll.sion with vessel at anclior
i.f goods at sea ....
DANCING
forliidilcn in public houses
DA.rFOHT/f, JOXA THA.V
api)ointed surveyor of land
i)E.\ I'll (see Capital Crimes, Capital
1'i:m<hment;.
untimely, inquest upon
record of .....
to be reported to clerk of writs
DEBT (see Arrest, Assignee),
imprisonment for ....
liberty, on bail ....
assignee to recover as fully as assignor,
suit for, to 40 shillings, may be heard
by magistrate or eommissioners .
not recoverable of minors
of sailors, by inn-
keeper
for liquor, by inn-
keeper
outstanding on books to be balanced
within three years
unless prosecuted in court,
timo extended, 1'04,§1, :;
repealed
3. §8
2, §3
11, §1
12, §2
18, §3
18, §4
145, §2
20, §1
20, §1
m. §i I
yo, §12
97, §13
'J7, §10
57, §1
I'ttil, §9
oil
§1
130
§-'
130,
§2
G,
«2
1 ,
S'
10,
§1
20,
«1
27,
§4
131, §1 I
271, §r,
.'.!), §1 I
40. §1
:i".l, §1 ;
2S3, §!)
206. §G
DEBT, continued.
to be paid in kind, according to con-
tract 120, §1
corn, etc., no longer acceptable in
place of money .... 121, §2
payable in wampum to 40 shillings . 154, §1
rate of interest on. established . . 153, §1
delivery into service for . . . 305, §5
iigainst estate of deceased, when ex-
ecutors are liable for . , . 157, §1
DEDHAM
searchers of coin appointed . . 118, §3
DEEDS (see Estates, Lands).
sale of house or land not valid
without .... 32, §1
to be recorded . . . 32, §1
exceptions .... 32, §2
form of, prescribed . . .S2, §2; 353, §1
invalid when obtained by force . 32, §3
when fraudulent . , . 32, §3
when grantor remains in ])Ossessinn,
invalid unless recorded . . 33, §1
penalty for refusal to acknowledge . ;i '., §1
clerk of shire court to enter . . 3 '. §1
grantor may enter caution . , 33, §t
penaltv for forging .... 5+. §1
record" of 1:^0, ,«l
transcript of 131, J3
DEFAMATION
of courts or magistrates . . . 30, §i
by reproachful speeches in open
court 36, §(!
county court to hear appealed cases
of 21, §2
DEFEND.\NT (see Actions).
age for 2, §1
outside jurisdiction of court . . 7, §1
service of summon* upon . . 7, §2
with consent of plaintiff, may choose
manner of trial .... 152, §2
may challenge jurors . . . 152, §3
penalty for seeking advice of sitting
magistrates . . < . , 34. §1
12
Index to Colonial Laws.
DEPUTIES (see General Court, Elec-
tions).
to general court, towns to send . 3", §^
allotment of . . 40, §1
freemen to elioose
by ballot . . 40, §1
oath . . . :14, §1
duties and powers . o4, §L' ;
40, §1
misconduct of .30, §0
not required to be resident of towns
where chosen .... 40, §2
power to determine election of mem-
bers when met in general court . 40, §2
to hold office for one year only . 41, §J
must be Orthodox Protestant . . 41, §2
penalty for absence from sessions . 41, §2
attorneys in inferior courts ineligi-
ble 41, §2
to receive and transmitvote of town
for assistants, etc. . 47, §2
for general officers . . 274, §1
may present petitions without fee . 121, S'
exempt from military service . . 10!', §11
from constable's watch. . loo, §2
from ferriage tolls . . 5u, §1
clerk of, to enter petitions and receive
fees for 121, §1
DEPUTY GOVEKNOIl
elected by ballot . . 47, §2 ; 274, §1 ;
282, §3
oath prescribed .... 164, §9
to be member of board of overseers
of Harvard college . . . 29, §1
power, with governor, to reprieve
condemned malefactor , 3.), §4
to call general court upon
urgent occasions . . 35, §.">
to call court of assistants for trial of
capital eases .... 3(1, §7
to hold special court for strangers . 37, §8
DESERTED TOWNS
regulations ofresett'ement . 267, §10
DESERTION
in time of war, penalty . . . 230, §0
DEVONSHIRE
county of, established . . . 218, §3
provision for court in . . . 221, §9
DICE (see Gaming).
penalty for playin? at . , . 58, §1
for bringing into the colony . 58, §2
DISABILITY
as penalty for forgerv . , . 54, §1
DISBURSEMENTS
for Indian war, committees to audit . 248 ,i
rates establislied 253, §12
DISFRANCHISEME.NT
for defamation of magistrates . . OC, §0
DISSENT
of minority of court, etc., to be re-
corded 128, §1
DISSOLUTION (see Adjournment).
DISTILLER
to be licensed bv county court . 84, §16
DISTRESS
of goods or estate for taxes . . 24, §r.
of perishable produce, security for . 4 1 , (■ 1
for non-payment of customs dues . 71,ii'J
of goods or vessels for non-payment
of fortification dues . . . 140, §5
DISTRESS, continued.
towns may levy penalties by . 147, §1
sealer of weights and measures to
levy fines by .... 150, §1
DISTURBANCE
in public house . . 84, §16- 250. §1
in house of worship .... 2;')4, §6
DIVORCE
to be tried before court of assistants
at Boston 30, §7
woman, when innocent, to retail;
right of dowry .... 42, §1
DOCTRINE (see Chchcii, Hekesv).
freedom of . .... 4.1, §6
determination as to orthodoxy . 44, §13
penalty of open disparagement . 44, §13
heterodoxy ..... 40, §18
errors of, defined, with penalty . 59, §1
penalty for denying the Scriptures to
be the word ot God . . 59, §2
for second otTcnce . 00, §2
erroneous, county court to censure
the publisher of . . 01, §8
certificate of orthodoxy required of
freemen ..... 50, §2
of excommunication by Pope repudi-
ated 2C2, §1
DOGS
to be hanged for sheep-killing . . 138, §2
DORCHESTER
fairs established . . . . 49, §1
powder-mill .it . . . 237, §15
DOVER
appeal from court of associates in . 4, §1
deputies to general court, special
provision for .... 35, §3
county court of Pascataquato be held
in 37, §7
DOWRY (see Inheritance, Divorce,
Widow).
one-third part of real property to be
set out for widow .... 42, §1
in case of neglect for one iiionih, the
court to make such allotment . 42, §1
widow to maintain such imiperiy in
repair 42, §1
DROVER
liberty to rest and feed cnttle in un-
enclosed land .... 42. §1
DRUMMER (see Militia).
to be chosen by commissioned officers. 272, !J 1 1
penalty for refusal to serve . 272, §11
DRUNKENNESS
among Indians .... 77, §11
in public houses, penalty . . 80, §4
attempt to escape arrest for . . "-O, §5
in camp, penalty . . . 230, §12
Dl'CKING-STOOL
used in punishment for railing —
scolding 200, §1
DUDLEY, .lOSEPir
member of committee on soldiers' re-
lief 247, §?
DUDLEY, PAUL
appointed collector of jiort dues for
liostoii and Cliarlestowu . . 271, §9
DURESS
deeds invalid when obtained under . 32, §3
DUTCHMEN'
torbidden to trade with Indians . 75, §2
Index to Colonial Laws.
13
E
ECCLESIASTICAL (see Heresy, Doc-
trine).
laws 43
errors of doctrine defined, with pen-
alty 59, §1
ELDEUS
to meet in conference . . . 43, §8
charges of, when employed by order
of general court, to be paid by
treasurer ..... 44, §13
notice of ordination to be given . 44, §13
of Camhridgc, Watertown, Cliarlcs-
town, Boston, Koxbury, and Dor-
cliester, to be members of board
of overseers of Harvard College . 29, §1
exempted from keeping arms . . 109, §7
from military service . 109, §9
from constable's watch . ir>5, §2
rights of, on ferries .... .SO, §2
to watch over children of the cliurch. 2::!3, §1
ELEtmOXS (see Ballot).
of general officers . . 35, §3; 274. §1 ;
•1&2, §3
by ballot . . 47, §2
of assistants by Indian corn and
beans ...... 47, §1
of deputies ..... 40, §1
freemen to attend without summons, 35, §3
court of, at Boston, to receive prox-
ies scaled ..... 47, §2
nomination of magistrates . . 47, §3
commissioner to de-
clare the candidates, 48, §3
Quakers and non-attendants on jiub-
lic worship disfranchised . . 48, §5
EMBEZZLE.MENT
by servants and workmen from mas-
ters 13, §1
by master of vessel .... 94, §4
bv executors or administrators . . 157, §1
engLish.mex
no others to purchase estate sold by
order of court . . . . G, §1
qualifications as freemen . . . ofi, §2
e-\empted from customs duties . . ti7, §1
troni harbor dues . . t)9, §3
EXLIST.MEN'T (see >Iilitia).
EXTUV (see Actions).
EQUITY
to lie determined by the bench . . SG, §1
ERROR (see Heresy, Doctki.se, Or-
thodox).
of doctrine, defined, with penalty . 59, §1
in verdict, jury mav be attainted . 201, §1
ESCHEAT
unclaimed property to be seized to
the public treasury . . . 49, §1
ES.SEX
commissioners of, to set prices of
corn 2.:, §3
time and place of holding county
court ". 37, §7
market-day established . . . 49, §1
connnand of mililia in . . . 107. §1
date of regimental meetings . IIC, §22
connnittee appointed to examine war
rates ...... 24.Sa
EST.iTE (see Age. .\brest, Heeds. An-
MINISTRATOR, l.VTtSTATE, TaXEs).
liberty to dispose of . . . . 1, §1
assessment of . . . . . 23, §2
in England exempt from tax . . 25, §3
of ministers . . . 2li. §1
ESTATE, continued.
fee for entry of orders concerning
intestate 130, §1
insolvent, administration of . . 250, §4
of children under guardianship . 211, §11
of insane, to be managed by select-
men 248, §9
heirs, etc., may be empowered to
sign deeds of sale. . . 290, §11
form of conveyance . . . 353, §1
EVIDEXCE
of Indian valid against person fur-
nishing liquors . . . .78, §11
in cases of illegal sales of liquor . 83, §13
new, mav warrant new trial . . 152, §1
EXCISE
on cider, ale, etc 69, §4
sworn returns to be made monthly or
weekly 69, §4
EXCOIIMUXIC.ATIOX
denial of power of Pope in . . 262, §1
EXECUTION (see Arrest, Attach-
ment).
not to be granted till 12 hours after
judgment 3, §1
plaintiff to give receipt for , . 7, §1
warrant for, to be signed by clerk of
court . . . . 30, §1
for death, to be signed by
secretary .... 30, §1
may be directed to marshal general . 324, §2
to be levied by marshal . . . 102, §2
not liy deputy . . 220, §4
may break open house . 103, §7
include charges in levy, 104, §8
to be recorded by clerk . . 103, §2 ;
220, §5
form of, prescribed .... 320, §2
to issue against goods, and for want
thereof, the person . . . 313, §3
upon person for debt, county court
must approve . . 305, §5
security be given . 283, §lj
to hold only against person sum-
moned ...... 288, §6
against person who dies, to hold
' against estate .... 288, §6
failure to take out within one month
after judgment releases attach-
ments 144, §1
goods exenipteil from . - . 104, §8
respite of, in case jury is attainted . 201, §1
if frustrated by frauii, a new one to
issue . ' 214, §1
EXECUTIOXER, COMMOX
to burn books of lieeves and Muggle-
ton CO, §3
EXECUTORS
to bring suit as such . . . 8, §1
to make probate of will at next coun-
ty court . . • . . 157, §1
liable for debts of estate in case of
neglect ...... 157, §1
notice of resignation of executor-
ship . . . . . . 157, §1
of intestate, next of kin to be ap-
pointed 158. § J
accountabilitv to county court . 330, §."i ;
33J,'§1
EXEMPTION
from lestriction of a])parel . . 5, §1
from servitude . . . .10, §■_'
from public charges .... 22, §1
14
Index to Colonial Laivs.
EXEMPTION, continued.
from county rates
. 23,
§3
irom all taxation
. 2(i,
§1
from levy by distress . 41,
§1; 104,
§«
from voting . .48,
§5; 153,
§1
from payment of ferry tolls
. 50,
§1
from import tax
. 67,
§1
from impressment .
. 73,
§2
from imi)risonment . . 74,
§1; 161
§1
from escheats and forfeitures .
. 88,
§1
from providing arms
. ion
§7
from military service
. 109,
§9
from obligation of oath .
. 119,
§1
from cruel punishment
. 129,
§1
EXEMPTION, continued.
from arrest, sailors .
from constable's watch
from service as constable .
EXETER
designated as frontier town
EXPORT (see Customs;.
of raw hides prohibited .
coin
sheep's woo)
raccoon's fur
provisions
repealed
. 134,
§1
. 155,
*»2
. 352,
§7
. 247
§5
. 64,
§1
. 118,
^•■^
. 219,
«2
. 220
^3
239,
§-'1
. 264
§0
FAITH (see Doctrine, Heresy).
FAIRS
dates and places of holding . . 49, §1
FALSE-WITNESS (see Perjury).
FARMS
to be of the same town in which they
lie 49, §1
exemption of distant farmers from
attendance on trainings . . 109, §9
FASTING (see Churches).
day of, to be celebrated by churches, 43, §7
every person to attend wor-
ship . . . . .45, §15
FEES
for entry of actions (see Actioks).
of special town officers (see under
title of office).
of marshal 103, §4
of clerk of court for recording . 130, §1
of clerk of writs for recording
births, etc 130, §2
of clerk of writs for registering
horses ...... 65, §1
FENCES
about common fields, to be main-
tained by occupiers . . . 17, §1
selectmen may order in case of dis-
agreement ..... 17, §2
selectmen to make orders for repair-
ing, etc 19. §G
penalty for neglect of warning . 19, §(!
between adjoining lands, expense of, 19, §7
how valued . 19, §7
between house-lots . . . . 20, §1
no damage for trespass on ground
insufficiently fenceil . . . 20, §1
Indians to receive help of town in
constructing .... 76, §7
what are sufficient against swine . 145, §2
penalty for breaking down . . 330, §2
FENCK-VIKWERS
selectmen to appoint . . .19. §6
fees to be levied upon corn or other
estate 19, §G
FIlRRY
between Charlestown and Boston,
revenue continued to Harvard
college 30, §1
grants to include sole right of carry-
ing passengers .... 50, §1
canoes not to be used . . . 50, §1
men may pass in their own boats . 50, §1
fares at Weymouth established . 50, §1
at night double. 50, §1
magistrates and deputies free . . 50, 5)1
regulations against overloading and
of precedence in service . . 50, §2
FIDELITY
oath of, form prescribed . . . 163, §6
required of inhabitants and
strangers .... 257, §1
refus.tl of, to cause forfeiture
of civil rights . 258, §1 ; 340, §4
FIFTH COMMANDMENT (see Par-
ents, Children).
order for observance of . . . 235, §9
FINES
for misdemeanors (see under titles
of offences),
to be paid forthwith . . . . 51, §1
provisions for collection in default of
payment 51, §1
remission of by court . . . 51, §1
secretary and clerks to account to
treasurer 151, §4
FIRES (see Arson).
regulations for kindling in woods or
common fround
penalty for wanton destruction by
for firing barn, etc.
dwelling-house, etc.
FISH (see Casks, Fishermen).
assize of cask for packing
cullers of fish to be appointed .
oath prescribed . 1
duties and powers
fees .
unmerchantable
by reason of use of Turtoodas
salt
not to be taken in spawning-time
mackerel, for salting, not be-
fore July ....
whale or great fish cast ashore to
belong to the country .
regulation of pickling sturgeon
FISHER.VIEN (see Fish).
to use h.arbors and lands adjoining
for drying fish ....
regulations for taking firewood
discrimination against foreigners .
explanatory and repealing act
liberty to cut flakes regulated
regulation of crews
must complete voyage for which they
have shipped
exempt from military service .
must attend training when
at home .... 209, §2
FISHING.
great ponds to bo reserved fur ])ub-
lic use . . . . . . 91, §i
FISHER, ENSIGN
appointed searcherof coin in Dedliam, 118, §3
51
§1
51
§t
51
^■i
52
§2
IG
§1
52
S2
70,
^34
53,
§2
53
§-'
53
§-•
54
Sfi
53,
§t
53,
§5
Ifil,
SI
209,
§^
52,
«1
52,
§1
52,
SI
53,
S^f
53.
it3
53,
§1
2(;g,
^5
109,
§a
Index to Colonial Laivs.
15
FISK, DA VID
appointpil surveyor of land . . 29C, §0
FLINT, JOHN
appointed surveyor of land . . 29fi, §9
FLINTS
towns to provide for soldiers . 237, §13
FOUEIGXEK (see Akrest, Attach-
ment, Action).
debtor's estate not to be sold to . 0, §1
must give security in action agains
a settled inliabiiant
forbidden to trade with Indians
lilienv of speech and petition .
FORFKli'UKE
of raw hides delivered on ship for
export ......
of condemned leather, etc.
of pork bearing ear-marks offered
7, §1
T5, §2
90, §1
M, §1
90, §5
206, §1
219, §2
220, §3
54, §1
1C2
r>4, §1
for sale by Indians
of wool shipped for exportation
of raccoon furs and skins
FORGEKY
penalty for
FORMS
prescribed for oaths, etc.
FORNICATION Csee Rastard, Broth-
el, Whoredom).
penalty for
disfranchisement at discretion of the
court S4, §2
provision for bastard chiUl . . ."i5, §.'J
punishment for bawdy conduct . 208. §3
by soldier, penalty . . . 230, §14
FORTIFICATIONS
coiiiniittee of militia and selectmen
to keep in repairs . . Ill, §11
foreign traders to contribute powder
or money in support of . . 140, §5
provision forrepairof, atBoston, etc., 203, §2
FOURTH COMMANDMENT (see Lord's
Day).
penalty for denving morality of . 59, §1
FOWLERS
unprofitable, to be presented to
magistrate fifi, §1
FREEDCJM OF THE COMMONWEALTH
(see Freemen).
conditions of eligibility to . 56, §2; 210, §5
FREEHOLDERS
of orthodox faith to be made freemen, 56, §2
FREEMEN
must be members of church . 38. §12;
43, §2;55, §I;5(i, §1
FREEMEN, continued.
repeal of church membership qualifi-
cation ....
substitute qualifications
general court to decide upon appli-
cations ......
county court to administer oath
form of . . .
names to be certified to secretary
copy of records of names to be fur-
nished .....
to choose deputies to general court,
every freeman to vote
eligible to election as deputy
penalty for voting for improper per-
son as deputy ....
penalty for refusing public service .
disfranchised for non-attendance on
public worship ....
to elect assistants by corn and beans,
general officers by ballot
to nominate magistrates .
to discharge general officers .
powers of, in towns ....
penalty for offensive conduct at town
meeting
to fix rates of wages in towns .
to protect servant fleeing from cruel
master
consent of, required for erection of
meeting-house ....
of seaport towns to choose a seizcr of
hides
in county, to choose treasurer
FREIGHT
to be satisfied out of goods in default
of pavment
FRENCHMEN
forbidden to trade with Indians
FRONTIER TOWNS
designated .....
to establish garrisons ; to maintain
scouts
to send aid to each other
FUGITIVES
from justice, charges for apprehend-
ing
of Christian faith to be succored
FURS
customs regulations concerning
trade in, with Indians, proliibited .
of raccoon not to be exported
56, ^2
56. §•-';
210, §5
51, §2
56, §3
163, §7
38, §12
38. §12
40, §1
40, §1
40, §2
41, §2
55, §1
48, §5
47, §1
47, §2
47, §3
4«, §4
147, §1
147, §1
104, §4
105, §6
267, §9
20.'., §2
150, §2
206, §2
75, §2
247, §5
246, §5
247, §5
31, §2
143, §1
71, §9
7.1, §4
220, §3
6
GALLOPING
ill streets of Boston forbidden . 57, §1
GAMINtJ
shuffleboard, bowling, &c., forbidden
in public houses .
for money, in any place
with cards or dice
penalty for having implements in
possession ....
by soldiers, with loss of arms
bv running horses, forbidden .
GARRISON
committee of militia to establish
order regulating
harvested grain to be placed under
protection of . . . 240, §25
no person of military age to leave
town without permission from com-
mander of .... 240, §10
57
§1
. i>f
§1
. 58
SI
. 58
§2
231,
§18
. 347
§1
. 227
§■*
. 232
§1
GAUGER (see Cask, Packer).
of casks, to be appointed annually .
to mark casks of due assize
to pack in no defective cask .
fees
act explanatory and additional
GENERAL COURT
to consist of magistrates and deputies
provision for election of, 35, §3;
to be called by governor when im-
portant business requires 33, §1 ;
form of deputy's oath prescril ed
magistrates and deputies to sit apart,
except in case of difference
deputies to determine election of
their members ....
either chamber may originate business
majority of boih necessary to an act
to dissolution or adjournment,
16,
§1
16,
§1
Hi,
§1
16,
§1
2S3,
S'
34,
§1
282,
§:■•
; 35
§5
34
§1
34,
§2
35,
§^
40
S3
, 35
§•?
35
fj
35
?J
16
Index to Colonial Laws.
■>,¥•
as.
§3
3fi
§«
34,
SI
1,
§1
38,
§11
152,
«1
35,
St
9,
SI
18,
§1
GENERAL COURT, continued.
governor to have castintr vote .
members not to dipart without per-
mission
misconduct of .
powers anil duties, act concerning .
to judge cases hy the word of God,
to resolve cases presented from in-
ferior courts . . . 3, §1 ;
final appeal to .
to pardon condemned malefactor
to grant benevolences
to appoint brand marks for toivns .
to set price for corn receivable for
taxes ......
to send persons abroad on public busi-
ness ......
allowances of, fixed .
to appoint magistrates to hold county
court ......
to try cases of voting for improper
persons as deputies
to determine applications to be made
freemen .....
to grant title to lands
to appoint niasier of the mint
to order disposition of any whale cast
ashore ....
to license erection ofmeeting-houses, 207, §'.)
to approve preachers and elders . 44, §13
petitions to, when receivable . . IL'l, §1
copy of special orders to be espe
cially delivered ...
publication of orders, printed or writ
ten.
at close of each session
secretary of, to keep book of account
of fines ....
GENERAL OFFICERS (see Elections).
24, §3
35, §4
213, §2
3f.. §7
41, §2
r>c,, §2
74, ^1
117, §1
ini, §1
131, §5
132, §5
210, §7
151, §4
definition of
choice and discharge of .
election bv ballot 47, §2; 274, §1
GERRISH, BENJAMIN
appointed naval oflficer at Salem,
GIFT.S (see Benevolence, Legacies,
Grants).
by authority of general court .
4R, §4
48. Jit
282, §3
?0O, §3;
313, §1)
9, §1
GIFTS, continued.
by citizens for educational pur|>()ses
county ccmrts to appoint trustees
to Harvard College, disposal and
SI
i SI
29, §1
29,
37,
SI
3o,
§i
35,
§5
management of
GLOUCESTER
sliipping officer appointed . . 1.39. §3
number of licenses to be granted . 351, §2
GOATS
double damage for trespass by . IS, §4
rated for t.ixation .... 23, §3
GOFFE. CIIRISTOPIIEU
proclaimed pirate .... 355, §t
GOVERNOR
elected by ballot, 47, §2; 274, §1 ; 282, §3
oath prescribed .... 1(14. §8
to be member of hoard of overseers
of Harvard College
to hold special court for strangers .
power, with deputy, to reprieve con-
demned malefactor
to call general court upon urgent
occasion .....
to have casting vote in court of as-
sistants and general court . . 35, §6
to censure magi.strale using unseemly
language in court . . . 3G, §6
to I'all court of assistants for trial of
cajiital cases . . . . 3G, §7
to appoint a private mark for coin-
age every three months . .117, §1
to appoint surveyors of vessels in
construction ..... 138, §1
GRANTS
of benevi>lence by general court not
to be made except when there is
a surplus in the treasury above in-
debtedness . . . . . 9, §1
of land by towns are in fee simple . 353, §1
confirm;! tion of . . . 354, §2
to be surveyed . . . 2!ifi. §9
com3iitteeappointedtoe.\aniine. 29G, §fi
GUARDIAN
age to make choice of . . . L §1
to ple.ad for ward . . . . 2, §1
to bring suit . . . . . 8, §1
full power over estate of ward, 211, S'l
to give bonds to court . . 212, §11
HAIR
penalty for wearing long . . . 233, §2
HAMl'SHIRE
time and place of holding county
court 37, §7
date of regimental meetings . lUi, §22
compensation of major, 116, §22
committee appointed to examine war
rates 248a
special committee appointed to ex-
amine lands for taxation . . 296b
IIAMl'TOX
county court for Norfolk to be held
in 37, §7
HARBOR (see Vessels).
no ballast to be cast into . . 9, §1
ilues collectable from strange ships . 69, §3
foreign traders to have free access . 139, §2
port charges . .140, §5
regulation of anchorage at Boston . 157, §2
penaltv for casting dirt into cove . 157, §3
HARVARD COLLEGE (see College).
act concerning management of . 29, § I
HARVARD COLLEGE, continved.
president, etc., exempted from keep-
ing arms . . . . .
from military service,
HAVERHILL
designated as frontier town
enlistment of troopers in .
11 AN LEY, .JOSEPH
.af)poirite<l survevor of land
HAMTHORNE, WILLIAM
appointed receiver of fortifications
dues at Salem and Marblehead
HAY
when taken in distress, security to be
given ......
HEIRS (see Wills, Inheritance).
of intestate, division of estate
among ......
HERDSMEN
exempt from military service
HEREDITAMENTS (see Houses.
Lands, Deeds, Moktgages, 1n-
hebitance).
109, §7
109, §9
247. §5
313, §4
296, §9
140,
§5
41,
§1
158,
§3
109.
S9
Index tn Colonial Laws.
17
IlKHESV (see Ciiincn, Doctrines,
lli;TtROI>(>X, QUAKKRS).
*U'(inititni of . . .
l>niiisliutl l)y hanishnicnt .
.\nal)apti>ts . . . . .
]K'nalty tor <!oiiial of ScTipliirt^s to lie
wiiiil of (lod . . . . .
T)0'ik< ol Hceves and Miis<jloton to
tie liurnod . . . . .
QiiiiktTs, etc., forbiddon oiitranoc to
llie colony . . . . .
HETEltODOXV (see CiiCRcii, l)o<--
TiuNh:. Ilr.nKsvV
]iiit>lislK'rs of. to in' tvnsxirod .
Ii'a<'lu>rs unsound in tlic (iiitli not to
ho <?m])lovod . . . . .
HIDES (see Carriers, Li;.\tiikr, Txh-
NERS).
export duties on ... .
raw, not to be exported . n4, §1 ;
tanners only may buy
repealed
penalty for neglect to properly
dress . . . . .
HIGHW.WS
in country, to be laid out witb advice
of adjoininii towns
not to he laid tlirouirli
orchards, etc.
vidth of, in common
ftrounds, etc.
repair of bridsies upon .
towns to satisfy damages
to private pro)ierty
in towns, to he laid out hy scleetmen,
responsibililv for injury hy
defect in . . .
damages to he sati.sfied
workmen may be impressed
to repair
~ no person to be charged
with repair of. tlirough
bis own ground
removal of gates or rails
erected upon
racing horses on. forbidden,
surveyors of, elected ann'l ly hy towns,
penalty for refusing to
serve
HIGHW.W ROBBERY (sec Robbkrv).
HINCillAM
nundicr of licenses to be granted
HOGSHEAD (see Cask).
length and qualitv of staves prescribed,
HOLIDAYS
observance of Fast, Thanksgiving,
etc., enjoined
of Christmas forbidden
repealed .
.-.n, §1
.-,;).$!
.-,!», §1
■'0, §2
fiO, §1
CO, § ^
r,i, §.s
isr.. §:^
71, ?9
20."), ?•-'
X9, §1
-'05, §1
64, §2
HORSES
G4
§1
C4,
§1
04.
12
«i
SI
l!4,
<i4.
§1
§-'
12
§2
S2
12, §3
G5, §3
r,-,, §3
347, ijl
.■>3, §1
3j1,
§2
17
§1
43,
.">7
291,
§•-'
§2
penaltvfornsewithontleaveof owner, 19. §.t
- 23, §■<;
2.53, §11
of
57. §1
rate of assessment f(jr la.^ution
streets
penalty for galloping
B.iston
of strangers, to be proviiled for by
inn-keepers .... .S2, §10
tor transportation by ship, to lie
registered hy clerk <if writs . . Cut. §1
not to ho sold to Indians . . <;."i, §1
stallions not to run on common unless
approved iiy selectmen . . . (in, §2
not to he takeit up as astray from
Ajiril to Deceniher . . . 142, §1
all sales to be recorded in toll
book 147, §1
penalty for going unfettered . 20;i, §3
rate of hire for countrv's use fixed 24(i, §4;
2.54, §12
racing for money forbidden within
limits ... . . 347, §1
tax upon, when brought from other
colonies . . . 283, §1
repealed .... 287, §2
HOUSEHOLDERS
qualitications as freemen . . . 56, §2
IIOrSE (see Estate).
firing of, capital crime . . . 52, §2
undisputed occupancy for five years
to confer title . . ." . 124, §1
to he alloted to no stranger without
license 143, §1
HOUSE OF CORRECTION
each county to provide . . . 127, §2
county court to appoint a master . 127, §3
regimen and discipline of . . . 127, §3
commitments, by one magistrate . 127, §3
of bawdy persons . 208, §3
of persons found at a
Quakers' meeting . 234, §4
of incorrigible chil-
dren disturbing
meeting . . . 234, §6
of idle persons . 230, §10
for neglect to take oath
of allegiance . . 263, §2
of Indians found off
their reservations . 289, §1
HUE AND CRY
constable to put forth and pursue in
absence of magistrate . 31, §2
penalty of neglect in capi-
tal cases . . . 31, §2
charges of 31, §2
HUSBAND (see Marriage).
penaltv for striking wife . . .101,§1
HUTCHINSON, CAPT. ELISHA
appointed surveyor of land . . 29C, §9
IDIOTS
allowance in trials at law . . . 152, §4
IDLENESS (see Hocse of Correction).
includes neglecters of their families, 66, §1
punishment of . . . 66, §1 ; 236, §10
constables to take notice of . . 66, §1
tithing-men to report . . . 294, §4
IDOLATRY
inini'^hed bv death . . , . 14, §1
IMMOKTALITY OF SOUL (see
Heresv ).
penalty for denying . . . . 59, §1
IMPORTS (see Customs).
IMPOST
upon wines and liquors . . .68,
repealed .... 304,
continuance of . 312, §1 ; 329,
upon sales in public houses . 69, §1; 82, i
IMPRESSMENT
warrant for, by whom issued .
must be grounded upon
some act of general
court ....
of laborers on public works
73, §1
73,
73,
§1
18
Index lo Colonial Laws.
IMPRESSMENT, continued.
of laborers, not to be compelleil to
work I'Dni liiinie above
one week . . . 73, §1
to have reasonable wages
and allowance . . T3, §2
exempliims . . . 73. §i
of soldiers, in defensive wars only . 7:'., §2;
111, §11
of cattle or goods, payment for tise
and compensation for loss . . 73, §2
of carts, elc, for execution of laws
against Quakers .... 03, §10
of men and boats for pursuit of run-
away servants .... 104, §3
of troopers to serve as foot solilicrs . 2l'i;. §2
repealed . . . 242, §2
of men to harvest corn of ah.sent
soldiers . . . 238, §18; 245, §1
of workmen for powder-mill at Dor-
chester 237, §1.)
IMPRISONMENT (see Aurest, Bail,
Debt, House of Correction).
for failure to pay taxes . . . 24, §3
for refusal to acknowledge deed or
mortgage 33, §4
for non-payment of fine . . . 51, §1
no man's person to be restrained be-
fore sentence, if he can furnish bail,
except capital cases and con-
tempt of court
of debtor for failure to paj in kind
specified
INCOME
from trades, tax upon
INDIANS
lands, title to improved .
when civilized, to have allotment
of township .....
rights in court against any dispossess-
ing them .....
no person to buy or obtain grant of
Indians without license
except discoverers of mines
planted grouml to be protected
towns to give help in fencing .
trade with, prohibited, in ammu
nition, 75, §2; 237, §14; 247, §8;
in horses ....
in armor or weapons
all foreigners forbidden
in furs ....
in liquors
except in case of sickness
boats, skiffs, etc.
trading-houses to be abolished .
treasurer may issue licenses
laws to be made known to them once
a year ...... 77, §8
commissioners to be appointed to
hold court ..... 77, §0
pow-wows forbidden . . . 77, §10
liquors to be seized .... 77, §11
drunkenness punished by whipping, 78, §1 1
bounty for wolves killed . . . 1(10. §2
forbidden to place ear-mark on swine, 206, §1
forfeit of marked pork offered for
sale by 20G, §1
order restricting movement of, dur
51
74, §1
74, §1
121, §1
23, §3
74, §1
74, §1
74, §1
74, §2
117, §1
7fi, §7
76, §7
285, §1
65, §1
75, §2
75, §3
75, §4
75, §5
76, §5
75, §6
76, §5;
237, §14
78. §12
ing hostilities
residences of, fixed and named
lawful to kill any found skulking
repealed ....
336, §1
336. §1
336, §;i ;
243," §5
. 252, §7
INDIANS, continiietl.
forbidden cnti-rtuinmcnt in Hoston . 225, §1
placed on i^lands, not to go off on
pain of death . . " . 238, §17
bounty if taken prisoner south of
Paseataqua river .... 243, §5
to be employed as scouts . . . 246, §5
settlement and education of . .251, §7
forbidden to carrv guns without cer-
tificate . " . . . . 252. §H
allowance of ammunition . . 285, §1
to remain on the lands reserved to
them 289, §1
lately hostile, not to be bought or
kept 345. §1
INDIAN WAR fsce Indians, War)
friendly Indians restrained during
hostilities . . .336, §1; 237. §14;
238, §17; 247, §8; 251, 7; 252. §8
regulations for town of Boston . 2-5, §1
orders for armament . 226, §2; 227, §3;
232, it-'; 237. §13
towns to he garrisoned . 227, §4; 232. §1 ;
242, §4; 248, §lu
general ordinances of camp . . 22!)
relief for distressed inhabitants, 238. §16
disbursement-ifor. 240, §23 ; 243a; 253. §12
wounded soldiers' petitions . . 247, §7
INDICTME.XTS
to be made within one year . . 79, §1
except in capital cases, etc., 79, §1
penalty of neglect to .appear and an-
swer ...... .-■'■, §6
INFORMATION
any person, without regard to age,
may inform in criminal cases 2, §1
informer of defective casks, reward
of n. §1
of unmarked beef and pork, 17, §2
of entertainment of youth
in tavern, etc. . . 27. §3
of taking fish out of season, 5.!, §1
mackerel . . ."3. §5
of gaming for money, 57. §1 ; 58, §2
of possession of blasphe-
mous books . . 60, §3
of shipping horses without
license . . 65. §1 ; 71, §8
of evasion of customs
charges . . . . 71. §9
of trading with Indians . 75. §1 ;
237. §1 I
of selling adulterated beer, 80, §J
of failure to account for
wine purchased . . 82, §11
of lying .... 92," §1
of shipping undischarged
seamen ... 95, §7
of selling uncleansed malt, 106. §1
of exporting coin . . 118, §2
of tobacco-takers . . 146, §1
of exjiortation of sheep's
wool . . . .219. §1
of exportation of raccoon
furs .... 220, §3
of attendance at Quakers'
meeting .... 234, §4
of saleofliquorat trainings, 2il5, §i
of neglect to ring swine . 295, §7
of treason, oath to disclose . . 262, §1
INHERITANCE (see Wiu.s, Licgactes).
eldest son to have double portion of
intestate estate .... 158, §3
daughters to shcre as co-part-
ners . . .... 158, §3
Index to Colonial Laws.
19
IXHERITAXCK, continued.
fret' from fines, etc. . . . 8S, §1
unilisturlied possession for five years
to confer title .... IL'-t, §1
IXNKEICPKHS
licenses of . . . 70, §1; 84, §10
renewable yearly . . 8;i, §15
by county court . . . 84, §16
limited to persons of sobri-
ety, etc 23.5, §8
forfeited for third offence . 82, §9
for wanton and rude
singini; . . 84, 17
prosecution of unlicensed . 317, §2
to exhibit sijrn ..... 79, §1
tobealwaysprovidedwitli stron^beer, 80, §2
penalty for selling inferior . SO, §2
price of, fixed . . . 2."il, §5
sales of wines and liquors, tax upcm. i;y, §4;
82. §11
sworn report to be made . (I'J, §4 ;
82, §11
to prevent excessive drinking . . 80, §3
penalty increased . . 305, §4
to secure arrest of drunkards . . 80. §3
to entertain travellers for a niglit . 81, §6
penalty for entertaining others, 235, §8
to ])rovide stabling for horses . . 82, §10
to close their houses in meeting time, 83, §12
evidence to convi<'t of violation of law, 83, §13
constables to make search for offend-
ers 83, §14
tithing-men to inspect houses . . 259, §3
not to entertain persons forliidden by
sidcctnien S."), §19
not to entertain children, etc. . . 27, §3
to forbid offensive use of tobacco . 14G, §1
penalty for permitting games and
dancing 57, §1
IXXKEEPERS, continued.
debts of sadors not recoverable . 134, §1
in ordinary, cannot recover debt for
liquor retailed . . . . 271, §0
number of, in specified towns . .3.'il,§2
number in Boston increased . . 320, §3
charges allowed for messenger on
public service .... 213. §2
INQUEST
in case of sudden or unnatural death, 39. §1
oath of jurors ....
INSANE
to be cared for at charge of towns .
selectmen to manage estates of
INSOLVENCY (see Debt).
of deceased intestate
INSPECTOUS OF WOOL
to be appointed in seaport towns
to execute order forbidding export
of raccoon fur . . . .
INSLTRRECTION (^see Rehellion).
INTEREST
rate of eight per cent, established .
bills of exchange excepted
INTESTATE (see Wills, ExEcnTOR).
administraticm granted to next of kin,
division among heirs
insolvent, settlement of .
INVASION (see Rebellion).
INVOICE
penaltv for falsifying or concealing,
IPSWICII
jurors from, not to be summoned to
Salem ......
county court for Essex to be held in,
committee of militia in
numlior of licenses to be granted
ISLE OF SHO.ALS
shipping officer appointed
167, §23
248,
248,
250,
§4
219,
§2
220,
§3
153,
153,
§1
§1
1.58
158,
250,
§2
§3
ri.§7
3G, §7
37, §7
no, §11
351, §2
139, §3
C7
§1
C7
§1
Cm
SI
JESUIT
forbidden to enter colony . . 67, §1
on public service, etc., ex-
empted
suspected, to be banished
death penaltv for return .
JOINERS
to be taxed on income . . . 24, §3
JUDGES
to determine matters of equity . 86,
to instruct jury in law . . .86,
JlIKiMENT
when entered against defendant wlio
is out of jurisdiction
plaintitl' to give security for reversal
of
not affected by circumstantial errors,
in cases of title of house or land
warrant fur, to be signed by clerk of
court ...... 30,
sale or assignment of. void . . 85,
in case of death, administrator may
renew . ..... 85, §1
dissent of minority of court may be
recorded .....
everv judgment to be recorded
JURISDICl'lOX (see Actions, Courts,
Magistuati.s).
JURORS (see JuKV, Verdict).
petit, chosen by freemen of towns
eligibility to choice as . .
property qualification
repealed . . 352. §6
§1
§1
§>
§•-'
§2
§1
§1
128,
129,
8'i,
UN.
JURORS, continued.
petit, penalty of refusal to serve . 55, §1
oath prescribed . . 167, §20
to determine facts and costs . 86, §1
liberty to take advice in open
court ..... 87, §5
to serve but one year . . 87, §5
allowance per diem . . 86, §1
at court of assistants, whence
chosen . . . . . 86, §1
at special courts . . . 8(), §1
challenge of . . . . 152, §3
county court to summon . . 36, §7
Salem and Ipswich excepted . 36, §7
grand, summoned yearly in same
manner as jietit jurors . 86, §2
oath prescribed . . 167, §19
allowance ]ier diem . . 86. §2
not required to reveal con-
scientious secrets . . 86, §2
to serve two years at lea-t . 87, §5
penalty for neglect of person
indicted to appear and
answer ..... 88, §6
to present heterodox preachers, 46, §18
to present wearers of ])eriwigs. 233, §2
penah}' for neglect to prevent
excess in :ipparel . . . 233, §3
to receive contplnints t>f ex-
cessive prices set bv uier-
cbants . . . " . 236, §11
JURY (see Jirors Vkrdict).
right of trial by, affirmed . . 152. §3
20
Index to Colonial Laws.
JUKY, continued.
allowed in will cases . 331, §2; 334, §3
not to hear causes under 40 shillings, 20, §1
to judge of matter of fact and costs, 80, §1
bench to determine equity . . 8G, §1
special jury to lie summoned in cases
involving death nr banishment . 8fi, §1
oath prescribed, IG7, §21
of inquest in case of sudden death . 311, §1
oath prescribed . 167, §23
verdict in case of obscurity in the law, 87, §3
in matters of fact where the
main issue cannot be found, 87, §3
JURY, continued.
court and jury disagreeing,
case to go to next court of
assistants .... 87, §4
action of attaint for erroneous verdict, 201, §1
brought before jury of 24 men
in court uf a>si>iiint3 . 201, §1
penalty on conviction . 202, §1
rules for prosecution of. . 319, §1
members of attainted jury
may sue for slander . . 320, §1
JUSTIFICATION (see Hkhest).
penalty for denying doctrine of . 59, §1
KENNEBECK
created county of Devonshire . . 218, §3
KERLY, WILLIAM
appointed searcher of coin in Marl-
boro' 118, §3
KIDNAPPING (see Man-Stealing).
KING
all writs, etc..
to
be
issued
in
name
of
.
Ifil,
§1
oath of allegia
nee
to
2G1
§1
to be taken by all above sixteen
years
262, §2
LAND (see Deeds, Estate, Grants,
Indians, Mines, Taxes).
age for passing, etc.
penally for refusal to survey boun-
daries
common, to be fenced, et<\
improvement of
assessment of . . . . 23
peculiar, definition of . . .
fradulent conveyance of, invalid
1. §1
10, §2
17, §1
19. §7
P, 3
24, §1
32, §3
undisputed occupancy for 5 years to
confer title . . i24, §1 ; 206, §5
title of Indians to .... 74, §1
no person to buy of Indians . . 74, §2
authority of general court to grant
to English persons . . . 74, § I
towns to have power to dispose of . 147, § 1
grants of, to he surveyed, . . 296, §9
special committee appointed to ex-
amine 296b
free from fines upon alienation, etc., 88, §1
discoverer of mines may take a fit
proportion . .116, §1
may purchase interest
of Indians . . 117, §1
LATIN SCHOOL
scholars not to frequent public houses, 27, §3
LEATHER (see Currieu, Hides, Tan-
ner).
who may tan ....
tanners only to buy raw hides .
repealed
regulation of tanning
currying
penalty for neglect to properly dress,
searchers and sealers, apjiointed by
towns .
oath prescribed
duties and iiowers
to examine work of tan
ners
to seize defective leather
boots and shoes
penalty for neglect .
fees ....
disposition of fines and for-
feitures . . . .90, §■)
unwrought, nmst be sealed before
sent to currier . . . 212, §13
. 88,
§1
. 89,
§1
. 20.5,
§1
. 89,
§2
. 89,
S3
, 64
§-'
89,
§i
168.
$28
89,
S-t
89,
«2
90,
)»2
90,
*»■•■
90,
¥■
90,
§^
LEGACIES (see Wills, Administra-
tors).
to colleges, etc., to be disposed of ac-
cording to intent of donors . . 9, §1
county court may appoint trustees
and require accounting . 9, §1
LEVERET, MAJUR-GENERAh
appointed receiver of fortifications
dues at Boston and Charlestown . 140, ^5
LIBERTY (see Civil Privileges).
to dispose of estate by will or other-
wise . . . . . . 1, §1
of speech and petition in court, coun-
cil or town meeting . . . 90, §1
of fishing and sporting, . . . 9U, §2
of removal from colony . . . 91, §:<
LICENSE (see Innkeepers).
of fishermen to take wood . . .">2, §1
for exportation of powder . . 126, §2
for sale of beer and wine . . 31, §2
of cider, etc. . . . 69, §1
of liquors, selectmen to ap-
prove .... 351, §1
number of, in specified towns . 351, §2
of innkeepers, forfeited for third of-
fence . . . S2, §9
to be renewed yearly, 83, §15
of public houses, limited . . . 235. §8
unlicensed houses to be searched out, 235, §8
LIQUOR (see Cask. Ci'stohs, Imi-osts,
Innkeepers, License).
assize of casks . . . . 16, §1
regulations of entry . . . .329, § I
import duty upon .... 67, §1
doubled . . . 253, §10
tax upon sales of . . 69. §1 ; 83. §11
increased . . . 268, §1 1
repealed .... 304, § 1
eunlinued .... 312. §1
dealers tn account to marshal-gen-
eral for every ease and bottle, 83, §1 1
jienalty for unlicensed traffic . . 84, §16
in cases, may he imported and sold
without license .... 84, §16
license for retail sale . . . 79, § I
regulation of wholesale trade . 79, § I
penalty forsellingorgiving to Indians, 75, §.5
in default of fine, to be
whipped . . . 212. §15
Index (o Colonial Lans.
21
LIQUOR, continued.
ri'sjulation of use on iisliing vessels .
drinking licaltlis forbidden on vessels
in port ......
not to be given to vorkmen or
liovs ......
lie iif,
LOIiD'S DAY
in daylight, profanation of, by chil-
dren
by persons above
fourteen years
old
at night, drinking in public houses
forbidden
sporting in streets or fields,
on Saturday night,
fines to go to county
servile work forliiilden
except work of piety, charity,
or necessity
travel, except to lawful meetings,
torliidden . . . . .
penally for absence from meeting .
lor denial of morality of
fourtli commandment
meeting of Quakers forbidden .
Induuis not to piotane
53, §4
140, §4
202. §1
265, §1
132, §1
133, §1
133, §2
133, «2
133, b
133, §3
134, §4
134, §4
134
s^4
45,
§15
59
«1
(il
*j
' '.
§10
LORD'S n.W, conlinned.
penalty fur kindling fires in open
ground . . . . . 51, §1
penalty for firing guns on shipboard. Hu, §4
innkeejier liable fur oU'ence by
guests ....". 210, §fi
no carts, etc., to pass out of Boston
after sun-ih>wu on Saturday . . 2C9, §1
laws concerning i>rofanation of. to be
publicly read twice a year . -'40. §1
by constalde or town clerk . 272. §10
tithing-nien to enforce . . 24!), §1
offenders to be placed in a cage until
trial ......
LOST GOODS
finder to notify constable
record it in county court ,
to be publicly cried
owner may claim within one year .
disposition of, if unclaimed
LYING
by person over 14 years of age,
penalty
under age of discretion ,
repeated oft'ences, peiialtv,
LYNX
market day established . . . 40. §1
number of licenses to be granted .351, §-'
250, §2
§1
• §1
§1
§1
§-'
14
1 2
142
142
142
01. 51
0-'. §1
92, ^1
M
MACKF.liEL (socrisiiV
for salting, luit to be taken before
.Iiilv 53, §5
MAGIsl'iiATES (see Action, Court,
Gi.m:i!ai, C"oll!T).
noiuitiatnl nnr.ually by freemen . 47, §3
election of . ' .' . . . 2«2, ^3
members of board of overseers of
Iliirvard College . . . 29, §1
actions triable before . . . 2, §4
to ailminister oath to poor debtors . 6, §2
to hive di.-,crclion as to apparel of
themselves and families . . 5, §1
to issue warrants to impress work-
men for public works . , . 12, §3
one ntay (b'tet-inine cases of small
th. ft .... 13, §2
causes "lot e.xeeetling tbrtv
shillings . . " . ',20, §1
to issue suiiuMons or attachment . 20, §1
not to hear causes in which he is con-
cerned . . . . 21, ii2; 3S, §9
appeal friun to I'onnty court . , 21. !■-'
exemption tVoni ta\ .... 23, Ji3
from ferriage tolls . . 50, § I
from keeping arms . . loo. <f7
from military service . loO. sfo
fi't^m eimslable's watch . 155 jj
oath of, binding milv while an inhab-
itant .'.'.... 119. §1
to administer oath of fidelity . . 12(1. <t2
to administer oath of allegiance , 2i:3, §2
to punish disobedient children anil
scriants ..... 27. §2
to hear ease of absence from meet-
ing ...... 45. ijl5
to enforce fishing laws . . . .M. jt'i
to ilis)iose of cards or dice . . 5». *;2
may ail.ioiirn court to some more cim-
venient lime .... 30, )■ I
to take testimony of witnesses out of
court 15S. !;2
to solemnize marriages . . . li'l, ^1
,11.
«i.
M
Jl
37
§'
37
§^
43
§1
MAGISTRATE.?, conlinned.
may present petitions without fee . 121, §1
may commit idle persons, ic, to
house of correction . . , 127, §3
to designate towns through which
Quakers shall be whipped, and
number of stripes . . . 03, §11
powers in case of suspected misde-
meanor ..... 324. §1
penalty for defamation of, 3fi. §(1; (il, §7
unseendy conduct of in court, pen-
alty 3fi, §i;
in general court
penalty for denying authority of
jiid'.'iiient before two and clerk to b
good in law ....
to hold special court for strangers
to license strangers to reside .
M.AID i^seeSKKVANT'
courtship of, torlddden without con-
sent of parents . . . 10], §3
JfA.TOK-GE.NEUAL (see Militi.O.
elected by ballot 47, §2: 274, §1 ;
oath prescribed
.MAl.El'ACTOK
power to reprieve ....
to pardon ....
MALPRACTICE
of surgeons, midwives and physicians
forbidden .....
MALT (see Uker, 1Ji:f.wki:s\
to be cleanseil before sale
importation of. forbidden
rejiialed
proportion of. fixed for strong beer,
MANSLAL'tiHTEl!
no crime ni self-defence
in attenniting to arrest felon. 92
MAX-STEaLIXG
(iiiiiished by death . . . . 15. _
includes removal of Indians from isl-
ands on which tlu'v have been
placed . . . ' . . 238, §17
104,
100.
IHi;.
lOi;,
25 1 .
92.
§3
ill
§^
§4
§1
§1
5 1
§1
;io
22
Index to Colonial Laws.
MAHBLEHEAD
searcher of coin appointed . . IIS, §■!
sliiiipiiii; officer apjiointed . . IS'J, §:!
receiver of fonitieations dues ap-
pointed ...... 140, §.>
county rates for 1G71! allowed for re-
liair of forts .... 203, §2
surveyors of damaged goods ap-
pointed 205, §.S
esttthlished as port of entry . . 2Ut>, §1
MARE (see Horse).
MAHINEKS (see Sailors, Vessels).
MARITIME AFFAIRS (.see Aumiral-
TY, Vessels).
Laws relating to .... 93
MARKET, CLERK OF (see Brkad).
one or two to be chosen annually in
each market town . . . 8, §1
authorized to enter houses . . 8, §1
to weigh hread baked for
sale and seize such as is
of defective weight . 8, §1
fees, one-third part of forfeitures . t*, §1
to inspect bread made for use in
families of bakers . . .0, §'-
to weight butter for sale . . . '.i, |il
to pulilisli price of wheat monthly . 2S.s, §4
oath prescribed . . . I(i9, §29
MARKETS
dates and places of holding . . 49. §1
MARLBORO'
searcher of coin appointed . . IIS, §3
MARRIAGE (see Hlsband, WifeI.
intention of, to lie luildislied orjiosted 101, §2
courtship of niaiil forbidden with-
out previous consent of parents . 101, §3
no married person, having husband
or wife in another country,
to reside in colony . . 101, §4
exceptions . . . . 1U2, §4
niagistratesonly may join in marriage, 102, §.">
with deceased wife's lister forbidden, 102, §0
to be recorded within one month . 130, §.'
timely and coiivenient, not to be de-
nied to any child .... 28, §'
in case of orphans .... 28, §(1
in case of fornication . . . fi4, jjl
law of dowry 42, §1
MAKRiy, RICHARD
ajvpointed collector of port dues for
I'ascataqua . . . . . 271, §9
MA USUAL {>ee Attachment, Consta-
ble, E.xeoltion).
to take bail in case of arrest for debt, 7, §2
to aid commissioners ot Boston . 22, §3
to levy fines assessed by court . 51, jfl
to collect fines, etc., onwarrant from
treasurer ..... 102, §1
to levy and make return on execu-
tions 102, §2
to is>ue and make return of attach-
ments . . .2. §2; 8, §1 ; 103, §3
no marshal to be clerk or recorder
of any court 103, §3
fees . 103, §4
clerk of writs to collect . . 29, (jl
may require aid .... 103, §(!
may break open house to make levy, 103, §7
charges to lie levied wiih execution, 104, *)■>
goods exempt from levy . 104, §^
liable for injury .... 1U4, ijO
to seize malt, etc., brought from Eu-
rope for sale .... lOG, §2
no deputy to serve attachments or
executions 220, §4
MARSHAL, continued.
to record returns .... 220, §5
not hound to serve attachment until
fees are paid .... 220, §1!
MARSHAL-GENERAL
to despatch sjjecial orders of general
court . . . . . . 131, §j
to receive all warrants from the treas-
urer 132, §5
may serve executions . . . 324, §2
fees of lOo, §.1
MARSi/F/ELD, SAMVEL
appointed surveyor of land . . 296, §9
MARTIAL DISCU'LINE
commissioners of. form of oath, ICS, §28
MARTIAL LAW (see War).
executions under .... 30. §1
ordinances of camp . . , 22U
MASON, CApr. 11 run
member committee on soldiers' re-
lief 247, §7
MASONS
to be taxed on income . . .24, §3
MASTER (see Servants).
of vessels (see Vessels).
of house of correction (see Ho[7se op
Correction).
to teach servants and apprentices . 20, §1
to correct youth for lying . . 92, §1
m.ay license servants to trade . . 104, §1
cruelty by . . . . . 10"), §i!
penalty for maiming servant . . 10"i, §8
to recompense faithful service . . 105, §9
responsible for injury by servants'
discharge of firearms . . . 340, §1
of mint appointed . . 117, §1
allowance for coining . . 117, §1
to be sworn . . . . Il.'<, §1
MEASURERS
of corn, wood and boards, appointed, !,t(i, §2
authority of . . . lofi, §2
of salt, raariti i.e towns to appoint . 135, !(1
MEASURES (see Sealers, Weiumt.s
AND Measures).
standard established . . . 155, §1
new standard received from England, 279, §3
new seal for 279, §3
MEDFIELl)
designated as frontier town . . 247, §5
MEDFORD
exempted from act in relation to
farms -19. §1
MEETING-HOUSES (see Churches).
may be erected only by consent and
authority . . . . . 2f>7, §9
regulation of conduct of children in, 234, §(J
doors to he closed until blessing is
prcmounced ..... 234, §5
MENPON
inbaliitants warned to return . 239, §22
MERCHANTS
non-residents to be assessed . . 25, §1
penalty for taking excessive prices
for merchandise . 120, §1 : 23G. 4;l I
.MESSKNGER
general court may send on public
service ..... 35. §1
allowance for travel and expen-es . I'K!. §.'
to be sent to raise alarm from lown
to town 271, SiS
MIDDLESEX
commissioners of, to si'l price of corn, 25, §3
time and place of holding county
court ...... 37. §"
fairs and nlarket-da^■ c-Nliiblished . 49. ."i I
Index to Colonial Laicn.
23
MIDOr.ESEX, continued.
jurors lor ctmrt of assistants to be
ehosLMi from . , . . . 8(s §1
coinniaiid of militia in . . . 1(17, §1
date of ri'^iment:il mectinL,'s . IIG, §22
conimitti'O appoiiiteil to examine war
rates 24Sa
MIKWIVES
nut to use violent methods without
consent of patient .... 28, §t
to have precedence at ferrii'S . . 50. §2
MILIT.4I!V (see Mimtia).
acts concerninf,' . . . 10"; 203
service with foreign enemy or against
allies forbidden .... 31."), §1
MILITI.\ (sec SoLDiEKs, War).
act concerning ..... 107
miijur-general, powers of . . 115, §19
to re:;ulMtc military
affairs in towns hav-
ing no sergeant-
major . . 115, §19
may order troop of
horse out of county, 113, §1C
to issue warrant for
election of sergeant-
major . . . 107, §1
commissioned officers, freemen to
nominate . . 108, §3
county court to ap-
jirove . . . lOS, §j
General Court to ap-
point . . nil, §21
existing commissions
confirmed . 114, §17
commissions to bear
the public seal . 135, §1
oath prescrilied . . 275, §.'i
exempt from duty as
constables . . 352, §7
new commissions is-
sued . . . 278, §1
non-commissioned officers to be
chosen by commis-
sioned otiicers llfi, §21
towns to nominate . 103, §4
sergeant-major, chosen by freemen . 107, §1
to command militia
in each cotmty . 107, §1
to call out regiment
for exercise once
in three years . 107, §2
to call meetings of
company officers . 107, §2
to impose fines for
non-attendance . 107, §2
to regulate militia in
smaller towns . 108, §1
to order assistance
in case of alarm. Ill, §11
not to march regi-
ment out of
county . Ill, §11
except in pursuit
of enemy . 241, §1
in case of death or
absence senior cap-
tain to succeed, 111, §11
to command troops
of horse . 113, §1G
to advise major-gen.
of condition of
their regiments, 115, §19
to appoint non-com-
missioned officers, IIC, §21
MILITIA, continued.
sergeant-major, allowances at regi-
mental meetings, lie, §22
oath prescribed, 107, §24
captains, lieutcnanls, aiul ensigns to
hold commissions from
general court . . . 108, §4
to appoint what arms shall
be carried . . . 108, §5
to exercise soldiers six days
yearl.v • . . " . 108, §5
to punish disorder and in-
subordination . . . 108, §0
order of seniority . Ill, §11
of precedence . .278,"§1
of troopers not to take
troops outside county. 113, §10
to obey warrants of major, 115, §19
training, six days yearly . . . lOS, §5
reduced to four days . . 200, §2
exemptions from . . 109, §9
penalty for absence from, 204, §3;
200," §4
sale of liquors at, forbidden, 2(i5, §1
soldiers, age of .... 109, §8
exemptions from service . 109, §S
number forming a company, 108, §4
punishment for disorderFv
conduct . 108, §0;" 114, §17
to provide arms as pre-
scribed . . 108, §7
in case of poverty, 109, §8
impressment of (see Im-
pressment) . . Ill, §1 1
duty as sentinel in case of
alarm . . . 112, §12
accoutrement of pikemen, 115, §.'0
punishments authorized for
non-payment of lines . 204, §3
to account for his arms be-
fore receiving pay . . 232, §2
penalty for non-appearance
when impressed . . 240, §.'
on removal to another town,
not to escape duty . . 271, §7
rates for billeting and pro-
visioning . . 253, §12
crops to be harvested when
absent .... 245, §1
volunteers to be subject to
martial laws . . . 242, §3
committee appointed for re-
lief of wounded . . 247, §7
regiment to be commanded by ser-
geant-majors . . 107, §1
meetings to be held once
in three years . 107, §2
dates of, in the
several coun-
ties. . 110, §22
not to march out of county , 1 1 1, § 1 1
except in pursuit of
enemy . . 241. §1
accounts of, for Indian
war, to be audited at
Boston . . . 248a
companies, meetings of chief officers
on call of iti.ijor . . 107. §1
nomination of officers of, 108, §1
number of soldiers to
form company . . 108, §4
smaller tow iis to join in
forming . " . . 108, §4
yearly exercise appoint-
ed . . 108, §5 ; 2CG, §2
24
Index to Colonial Laics.
MILITIA, continued.
companies, powers of cliief officers, lOS, §0
to choose clerli of the
band . . . 109, §10
precedence of . . 2U3, §4
drummer to be chosen by
coniinissioned officers, 272, §11
order for division of foot,
in Boston . . . 217. §2
clerk of band, to be sworn . 109, §10
oath prescribed 1C8, §2o
to call roll on training
days . . 109, §10
to inspect arms, etc. 110, §10
to collect and dispose
of fines . 110, §10
to procure arms on
reqncst . . 109, §8
to levy fines within
one month . . 203, §1
clerk's estate re-
sponsible . . 203, §1
to render particular
account once in six
months . . 203, §1
to take out officers'
commissions with-
in one month . 299, §3
troop of horse, not to exceed 70, 113, §U!
repealed, 114, §17
property qualifica-
tions of . 114, §17
privileges of . 113, §1G
liberty to nominate
officers. . 113, §16
arms and accoutre-
ments of . 113, §16
to exercise six days
yearly . . 113, §16
clerk of the troop,
duties and fees, 113, §1C
service in case of
alarm . . 113, §1C
not to go out of coun-
ty except in i)ur-
suit . 113, §16
no officer of a foot
company to be a
listed trooper, 113, §16
forbidden to disband
or change horse
without leave, 113, §lfi
arms, soldiers to provide . . . 109, §S
of foot soldiers . . . 108, §7
of troopers . . . 113, §16
of pikenien . . . 115, §'.'()
smiths to repair . . W'i, §13
clerk of hand to inspect . 110, §10
ammunition, General Court to make a
constant supjiiy . 112, §14
selectmen to provide, 112, §1.')
clerk of band to inspect, 110, §10
sentinels, watch to be set half an
hour iifter sunset, HI, §12
instruction and duty, 112, §12
signal of alarm, when
given . . . 112, §12
not to hazard killing of any
person in time of peace, 112, §12
regulation of, during In-
dian war . . . 242, §4
committee of, to be formed in every
town . . . 110, §11
composition of, in Boston,! 10, §11
in olher towns, 111, §11
MILITI.i. continued.
committee, powers of . . 110, §']
to impress soldiers . Ill, §11
to repair forts ;inil pro-
vide great guns . ill, §11
to suppress all raising of
troops except bv author-
ity . . ' . Ill, §11
to apply country rates for
1672 in Boston, etc., to
repair of forts . . 203, §2
to inspect stock of ammu-
nition and arms . . 228, §3
to impress troopers as foot
soldiers . . . 22G, §'.>
to establish garrisons . 227, §t
to remove women ami chil-
dren from frontier towns, 227, §4
may nominate persons for
military office . . 221, §S
to despatch messenger to
raise alarm . . . 271, §8
to settle accounts of towns
for war disbursements, 240, §23
rates for bills of Indian
war expenses . 253, §12
to impose fine vipon im-
pressed men for non-
appearance . . 2-16, §2
no person liable to duly
to leave town without
permission of . 248, §10
ordin.ances of war, blasphemy . . 229. §1
oaths and execrations . 229, §2
absence from public wor-
ship .... 229. §3
neglect of duty . . 229, §4
quarrel with superior of-
ficer .... 229, §5
desertion .... 230, §6
silence under orders . 230, §7
resistance to officer . . 230, §8
resistance to provost mar-
shal .... 230, §9
sedition or mutiny . 230, §10
mutinous speeches . 830, §11
drunkenness . . 230, §12
rape, etc. . . . 230, §13
fornication, etc. . 230, §14
theft, etc. . . 230, §15
murder . 231, §l(i
neglect of equipment 231, §17
loss of arms by gaming 2.>1, §18
selling amunition . 231, §19
overstaying pass . 231, §20
definition of punish-
ments . . . 231, §21
MILLERS
to be taxed on income . . . 24, §3
toll of, regulated .... 106, §1
to provide weights and scales . . 106, §1
MINES
royally, one-fifth . . . .117. §2
forfeit for non-payment . . . 297, §1
absolute ownership, when discovered
by proprietor of land . . . 117, §2
discoverers to enjoy profits for 21
years . . . 116, §1
to purchase interest of
Indians . . . 117, §1
MINISTERS (see Pbkacheks, Church).
exempt from taxation . . . 26, §1
house to be provided for . . . 45, §16
maintenance of . . . . . 45, §17
heterodox, to be removed . . .46, §18
Index to Colonial Laics.
25
MINISTERS, continued.
to give certificate of orlhoiloxy fur
freemen .....
penalty for revilin? ....
MINOUS (see .\gk, Children-, rARiiXTs).
:in«\ver.ible for misdemeanor
may present criminal infnrnialicin
n,)t to l)e furnished apparel contrary
to order of parents
to be whipped fir theft
de.ttU penalty for cursing, etc., pa-
rents
f(H- stubbo-nness
repealed
to pay tax if earning wages
debts contracted by, not reenve;-ab!o,
age of women in case of marriage .
MINT (see Coinage).
established at linston
master of, apiminted liy general
court ......
MODEKATOH
to have casting vote in civil assem-
blies ......
refusing to put vote, another to he
a|>pointed to do it .
MONEY (see Coinagk. Mint).
exportation forl)idden
searchers of, .appointed
powers
w.ampum receivable to 40 shillings .
50
^2
61
§"
o
§1
-'
§1
G
«I
l;!
§-'
15,
?]n
l"'.
(>14
I'll I
<!-'
24
S-'
" r
S^
L'S
S'J
117
§1
117,
§1
35
§«
153
§1
lis.
«-'
IIS,
iji
W.K
!>■'
154,
§1
tyn
§+
;i3.
<>t
33,
§^
?,?..
«t
3U,
§1
MONET, continued.
pieces of eight declared current . 292a
value established . 294, S5
MONOPOLY
none granted, except for new inven-
tions 119, §1
MORTGAGE
to be acknowledged and recorded
penalty for refusal,
clerk of shire court to enter
grantee may enter caution with rec-
ords of county court
fee of clerk for transirihing .
MUGGLETON, LODO H7CA'(seeHER-
esy).
books of, penalty for having in pos-
session .
to be publiclv burned
MURDER
premeditated, punishable by death
in anger
bv accidental shooting
Mr.SKETEEUS (see Militia).
arms required ....
to provide snapjack .
MUTIL.4TION
penalty for burglary or highway rob-
bery on the Lord's day . . . 13, §1
MUTINY
on shipboard, punished by death . 211, §9
of soldier, penalty . . . 230, §10
r>o,
CO,
14,
H,
34'J,
ins,
251,
N
NAV.VL OFFICE
established in Boston
James Kussell cho.sen
oatli of .
duties .
appointment at Newbury
N.WIG.VTION (see Vesskls).
laws concerning ....
act to be enforced . ...
act of parliami-'Ut to be publislied in
market-place at Boston
NEGRO
not to be taken as passenger on ves-
sel without permit
NEWIJUKY
naval officer appointed
number of licenses to be granted
NODDLES ISL.\ND
jurisdicti(m of court of commission-
■>rs of Boston ....
NO.MIX.VTION (see Elkctioxs).
of magistrates and assistants by ballot,
to be decl.ired at lioston,
of officers hv connnittee of militia
NON-ArrEAH.ANCE
in»t punishalde if hinilered bv act of
God . . . . ' .
not to prejudice damage in civil action,
289,
21)0,
290,
208,
313,
138
258,
§2
:s9, §1
281, §1
313,
351,
47
?:3
4n
«;•'■
221,
s^
4.
«i
4
§1
21, §3
NON-APPEARANCE, continued
in capital case, to work forfeiture
of lands and goods . . . IG, §17
to stand in stead of one witness to
prove the crime .... Ifi, §17
penalty, loss of case with costs . 87, §G
of perscms indicted by grand jury . 38, §6
of soldier impressed, penaltv . . 216, §2
NONSUIT
for failure to appear when case is
called 87, §6
NORFOLK
time and place of nolding county
court ...... 37, §7
command of militia in . . . 107, §1
date of regimental meetings . lli'>, §22
compens.ation of majors . . IIG, §22
committee appointed to eianiinewar
rates 248a
NORTHAMPTON
county court of Hampton to be held
in 37, §7
NOTARIES, PUBLIC
exempt from military service . . 109, §9
to enter importations of powder, etc. 125, §1
tnreeord testimony taken out of court, 158. §2
oath prescribed . . . 105, §14
seal of ..... . 313, §5
OATHS
no man lo be urged to take except as
required by law . . . . 119, §1
of magistrates and officers, binding
only while inhabitants . . . 119, §1
of freemen, county court to ailmin-
ister . . . . . . 50, §3
form prescribed . . 103, §7
OATHS, rnntinued.
of fidelity, required of all inhabi-
tants . . 120, §2
of all persons . 158, §1
form iirescribcd . 10:i, §0
of strangers, form prescribed . . 120. §2
of allegiance, form prescribed . . ■Ol,§l
for all over 16 years . 262, jJ
2G
Index to Colonial Laws.
OATHS, continued.
ofallegianct, inugistratcs Id ailmin-
ister L'fiS, §2
of 1,'ovcrnnr ..... KU, §ti
ofdcputy-trovcnior .... 1('.4, §'J
of assistant.' .... Iii4, §10
of major-general . . . Ilj4, §11
of treasurer . . . 1(15, §12
of seerelary .... IG.j, §13
of notary puljlic . . . I(i5, §14
of iiiarslial .... 16G, §15
of coinniifsioners witli powers of
nianistrates .... lOfi, §1G
of associates .... Uiil, §17
of tlirec men to hear small causes, lOfi, §18
of grand-jurors . . . 1117, §19
of petit-jtirors .... 1(17, §20
of jurors in capital cases . 1(17, §2!
of witnesses .... Ifi7, §22
of jurors of inquest . . U17, §23
of sergeant-major, etc. . . 1(17, §24
of clerk of band . . . 1(18, §25
of commissioners of martial disci-
pline 1G8, §2G
of constable . . . KJS, §27
of searcher and scaler of leather, 1G8, §28
of clerk of market . . . 1G9, §29
of searchers of ammunition . IG!), §30
of appraisers .... 1G9, §31
of viewers of pipestaves . ](I9, §32
of collector of customs . . 160, §33
,
170, §r.4
170, §...->
271
, §5; 341, §7
. 27.5, §2
. 290, §4
OATHS, coniinued.
<)f viewers of fi>h
of iiackers of beef, etc.
of tithing-raan
of canvassers of votes
of naval officer
denial of power of Pope to absolve
from 2G2, §1
profane (see Blasphemy, Puofa.ne
SWEARl.VOV
OLIVER, JAMES
appointed searcher of coin in Boston, 118, §:)
appointed to seize provisions intended
for export .... 239, §21
OPPRESSION
by shop-keepers ."ietting excessive
price on goods, penally 120, §1 ; 23G, §11
by laborers, as to hours and pav,
penalty . . . 120, §1 • 2.',G, §11
ORDINARIES (see InnivEepeks, "Li-
censes).
gaming and dancing forbidden in .
ORPHAN
disposal of bv court during minoritv,
ORTHODOXY "(see rnuRciiEs, Doc-
trine, Heresy, Heterodoxy).
certificate of, for freemen
OVERSEERS
of Harvaril College
of public works, power to impress
labor
57,
SI
28,
SS
5G,
§2
29,
§1
73,
§1
PACKER
of beef, pork and fish, fees
to be sworn
oath prescribed
PAIiV, MOSES
appointed searcher of coin in Brain-
tree
PARDON
general court only has power tc
grant .....
PARENT (see Age).
to plead for child
penalty for cursing or smiting .
to bring stubborn child into court
not unreasonably to deny marriage
to child ....
to correct children for lying .
fifth commandment to be observed
responsible for ilamagc by unauthor-
ized discharge of firearms by
children
PARKER, WILLIAM
member committee oil soldiers' relief, 247, §7
PASCATAQUA
time and place of holding county
court 37, §7
river, questions concerning collection
of customs in ... . 72, §14
searcher of coin appointed . .118, §13
shipping officer appointed . . 139, §:i
receiver of fortifications dues ap-
pointed ..... 140, §5
to pay its own bounty for wolves
killed 159, §1
duties upon liquors imported, af-
. IR, §2
. 283, §5
170, §35
U8, §3
35, §4
2, §1
15, §13
15, §14
28, §5
92, §1
. 235, §9
349, §1
firmed
PAUPERS (see Poor).
PAYMENT (see Debt, Creditou).
to be m.nde according to contract
in wampum, to 40 shillings
212, §iG
120, §1
154, §1
PEACE, BREACH OF
punishable by fine . . . . il,§l
amount of penalty left to discretion
of court . . . . . 11, §1
retaining possession of est.atc by per-
son against whom judgment lias
been given . . . . 1 1, §2
PECULXAR.S
definition of 24, §1
where assessed . . . . 2 4, §1
powers of constable in . . . 294, §:;
PELTRY (see FcRS).
PENDLETON, BRYAN
appointed shipping officer of Pns-
cntaqua, etc. .... 139, §.'!
PERIWIGS
penalty for wearing . . . 233, §2
PER.IURY
in capital cases punished by death . 15, §1 1
PETITION
liberty of, by inhabitant or foreigner, 90, §1
to general court, fees for . . 121, §1
when to be pre-
sented . . 121, 1
secretary to write, 121, §1
charges of hear-
ing . . . 121, §1
PHYSICIANS
to practice according to the approved
rules of the art . . . . 28, §1
to have precedence at ferries . . 50, §2
may prescribe liquor for Indians . 7G, §5
exempt from military service on al-
lowance of two magistrates . . 109, §9
PIECE.S-OF-EIGIIT
made legal currency . . . 292a
at si.K shillintis )ier ounce . . 294, §5
PIKE, MAJOR Ron ERT
to enlist troopers from foot com
panies . . . . . 313, §4
Index to Colonial Laicfs.
27
PIKEMAN (see Militia).
arms of, i)r(Sciilii(l . . . lOS, §7
lo \vc;ir l)uff or quilted conts , 11'). §'J('
t(i furnish thomselves witli firearms, 2:.'(1, §2
riLFKRING (see Theft).
PlLLOUY
as punishment for fnrgcry . . •">+,§!
fcir tK'facpmont of records . . 1^1, §3
PILOT (see Vkssels).
inofficiont, to forfeit wafjes . - OS, §20
PIPESTAVES (sec Cask, Coopers).
length and quality prescribed . . 1", §1
assize of 122, §1
viewers of, for export, appointed . 122, §1
duties and fees . . 122, §1
oath prescribed Ifi!), §:ll
unviewed to be forfeited . . .1 22, § 1
refuse, may be exported . . . 122, §1
PIRACY
punished vitli death . . .211, §9
accessories to, (lenalty . . • 'MCt, §1
order eoneernins; Christoplier liofle, S.'iJ, §1
PLAIXTIFF (see Action, Attaciimlnt,
Execltion).
asjc for . . . . • . 2. §1
foreisiner to give security in civil
action . . . . • ■ ', §1
penalty for asking advice of .-itting
magistrate ..... 34, §1
to lose ca.se with costs on failure to
appear ...... 8", §''
with consent of defendant may
choose manner of trial . . l-"2, §2
may cliallenge jurors . . . 1J2, §:)
PLEADING (see Actions, Defendant,
1'i.aintikfV
not affected bv circumstantial errors, 7, §2
POISONING
when fatal, punisheil bv deatli . . H. ^H
POND
of more than 10 acres, to be free for
fishing and fowling . . . 91. §2
POOR
settlement of, how determined . 12.1, SI
towns to care for .... l-'.'!, §2
POOH DE15TOHS (see Akisest, As-
signee, Deut).
support of, in jirison . . fi- §1 ; 12S, §•'>
liberty of, on bail . . . . 7, *; I
discharge of, on taking oatli . .128, §')
POPE OK ROME
ecclesiastics ordained by his author-
ity forbidilen the colony . . 17. §1
denial of autliority of . . • 2(jl, §1
PORK (see CasiO.
assize of cask . . . . Ifi. §1
regulations for packing . . • I'i, §1
for sale of'by Indians . 2u0, §1
PORT (see CiSToMs, Vessels).
charges u]ion foreign traders . . 140, §">
of entrv establislieil, regulations of. 298, §1
porters'
selectmen of Boston ami Cliarlestown
to appoint and tix wages . . 124, §1
PORTSMOUTH
appeal from court of associates in . 4, §1
countv court of Pascataqua to be
held in 37, §7
POSSESSION
witliout disturbance for five years, to
confer lith' .... 124, SI
to confirm title, despite former grant, 20i;, jf .
POUND I see Cattle. Houses, Swixe;.
for tresnassing cattle . . . 1><, §3
swine or calves . 20. §1
POUND, coniinved.
towns to maintain .... 124, §1
notice to be given owner of cattle
impounded . . . IS.s Jl
may be replevined . . 125, (jl
breach of pound .... 12.i, §1
penalty of resistance or rescue . I2.">, ((2
disposition of impounded swine . 14G, §3
POWDER (.see Ammunition).
mill at Dorchester, workmen may be
inpressed for .... 237, §1.5
PREACHERS (see Churches, Minis-
ters).
ordination of 43, §4
dissatisfaction with . . . 44, §13
penalty for interrupting . . . 44, §14
maintenance of .... 4(), §l.s
heterodox and vicious, to be removed 41), §18
PRECEDENCY
of militia companies, regulated . 2G3, §4
PRESCRIPTION
not to prevail against the Word of
God 12G, §1
PRISON (see Arrest, Debt, Poor
Debtors).
escape Irora, charges for apprehend-
ing 31, §2
malefactors to be conveyed at their
own charge ..... 12(!, §1
penalty for aiding to break prison . 127, §4
for debt, plaintiff to secure keeper
for maintenance of pris-
oner . . . 128, §5
making oath that he is not
worth five pounds, to be
discharged . . . 128, §5
allowance for food estab-
lislied . . . .128, §.'>
keeper of, to present list of prisoners, 128, §5
to be allowed cost of main-
tenance . . . . 128, §5
penalty for suffering to
escape .... 128, §t
house of correction to be provided in
each county . . 127, §.'
select men to provide
material for labor. 127, §3
master appointed by
county court, 127, §3
to have profit of
prisoners' la-
bor. . 127, §3
delinquents committed,
whipped, then set at
work .... 127, §3
furnished bread and water
or other mean food . 127, §3
one magistrate mav com-
mit . ' . . 127, §3
discharged only by war-
rant . ." . . 127. §".
vagabonds couiiuitted to . 153, ijl
PROFANE SWEARING
penalty for ..... 144, §1
for more than one oath . 145, §2
any who hear must disclose name of
ofl'ender 235, §7
PROPRIETOR
riparian riiihts of . . . . 91, §2
PRO I'ES'rATIUN (see Dissent).
PROVISIONS
export duties on . . , , 71, §n
importation of certain, forbidden . lOil. §2
suspended, 239. §19
exportation forliidden . . 239, §21
28
Index to Colonial Laws.
PROVISIONS, continued.
rtiRHli-d 2(;4, §G
of soldiers in Indian war, rates estab-
lished 2Jo, §!2
PUBLIC HOUSES (see Innkeepers,
Licenses).
not to entertain children in . . 27, §3
PUBLIC WORKS (see Bridges, High-
ways, Impressment).
authority to impress labor for . 73, §1
rUNISHMf:NT (.see Banishment, Cap-
iTAi. Punishment, Buanding, Mu-
tilation, Whipping, Stocks,
Torture).
barbarous or cruel not to be al-
lowed ......
PURSUIT (see Hue and Cky).
of deserting sailor ....
120, §1
on, S23
Q
QUAKERS (see Hekest).
disfranchised
48
§5
forbidden entrance to the colony
CO
§ +
penalty for bringinj; .
00
§*
increased
2:U
§+
for entertaining or
concealing
CO,
§+
for encouraging
Ci,
§■''
for importing their
doctrinal works
CI,
§i;
for reviling magis-
trates .
CI,
§■
if not inhabit.ant, to be apprehended.
CI,
§'j
penalty on convic-
tion .
CI,
§9
if inhabitant, penalty
CI,
§1'
voluntary departure .
G2,
§3
one magistrate may
commit
C2,
§!>
opinions and practices described
02,
§9
QU.\KERS, coniinveil.
wandering or vagabond to be whip-
ped at cart's tail . . 02
branded for contumacy . 0 :,
incorrigible . . 0.!,
to be whipped through but
three towns . . . C;',,
penalty of whipping or death su.«-
pended e.xcept against vagabond . 0:1,
penalty for attending meeting . . 2.)4
meetings of, forbidden . . . 2.i0
QUARTERING
of soldiers in Indian war, rates for, 2."i."i
QUESTION
submitted from inferior courts to be
resolved by general court . . 38.
QUORUM
of the Council of the Comnionwealtl
to issue reprieve
of county courts
of overseers of Harvard College
§10
§10
§■1
§11
• §■»
§:l
§12
§11
3.1,
SI
3.)
!(^
3C
§^
2U,
SI
RACCOON
exportation of furs or skins forbid-
den ....
RAILINU (see Scolding).
RAPE
punished by death at discretion of
court
by soldier, penally . . .2
RATES (see Taxes).
civil and ecclesiastical
country ......
RAWSOJf, EDWARD
appointed shipping-officer of Boston
special duties .
REBELLION
against the Cominonweallh
against the king's majesty
RECANTATION (see Heresy).
of heretic, to be public .
penalty for offending after
RECORDER (see Ci.erk, Courts).
RECORD (see Clerk, Courts, Clerk
OF Writs, Deeds, Will.s).
of judgments, etc. ....
of dissenting minority of court, etc.
of evidence .....
of births, deaths and marriages
open to imblic inspection
penalty for defacing
of <leeds ......
transcripts of .
(if lost goods and strjiy beasts .
of names ami qualities of strangers,
of probate of wills ....
of administration of intestate estates,
of testimony of witnesses out of court.
102, §2
S'
220,
§■'•
R
[ RECORD, continued.
of returns of executions by nmrshiil
. 220, §3 of names of such as take oath o
fidelity 2o8
of names of persons taking oatli of
allegiance . . . ' . .203
l.i, Sl-'i of houses and lands taken on execu-
I3i), §13 ' tioii ....
i of special court to be transmitted to
22, §2 court of assistants
23, §3 j of disagreed cases in county court to
I be sent to court of assistants
1.39, §3 , REEVES, .10 IJ.V (gee llEitEsY).
1-tO, §:'• books of, penally for having in pos-
session
15, §12 I to be publiclv burned
202 I REGENERATION (see Heresy).
' penalty for denying ....
."lO, §2 REGIMENT (see Militia).
CO, §2 RELIEF
of persons driven from tlieir liahita-
tions by the war .
of wounded soldiers, committee ap-
120, §1 pointed .... 2(7, §7
12H, §1 of Indians 247, §8
120. il RELllilON (see Doctrine, IIkrksy).
130, §2 ( REMONSI'RANCE (see Dissent).
131, §! I REPLEVIN (see Attaciimext).
131, §3 1 permitted on security, except upon
131, §t ; execution after judgment or pay-
131, §:! I ment of fines ....
141. §2 1 iif impounded cattle . IS, §3;
14:'., §1 [ granted by clerk of writs
I.">7, §1 i writ of, to be issued in the king's
]riS, §2 I name ......
1.58, §2 I form prescribed
3S, §S
87. §t
on. §4
on, §4
•VJ, «!
2.';s, §IC
132
iil
1 2.-.
.§1
20,
§1
!C1
§1
102,
ii
Index to Colonial Laws.
29
UICl'HIKVF
of coiulenined malefactor, by whom
jiranltni ...... 3.5, §t
RESUiiUr.rTIOX (sec Heresy).
)icnallv for deiiviiig .... 59, §1
RKSIDK.XCK
of persons reniovinjy on account of
war . . '. . . .240, S3
REVIEW
may I'c had in same court on new
evidence ..... 152, §1
to lie tried in same court as original
action 206, §3
REVIEW, cnntinyifi^
assessment of former costs
ROBHEUV, llIGliW.iY
penalty for on secular days
on the Lord's day .
ROGUES (see Vagabonds).
ROYALTY
on product of mines
RUM (see Liquors).
abatement of impost upon
RUSSELL, JAMES
appointed naval-officer at Boston
20G, §t
. 13
§1
§1
117
§2
208,
§11
. 290
§2
SABB.VTH (see Lord's Day).
laws concerniiij; oliservaiice of . 132
dL-niMi of morality of Founli Coni-
iiiandment declared heresy . . 59, §1
SAILOUS (see Vessels).
claim upon vessel for dues . . 94, §.j
to be provided with victuals and
drink 9.-., §f>
not to resliip until discharsrcd . . 97), §7
special contract with master to hold
Kood 95, §9
not to be carried to stay out above
one year ..... 9G, §9
to receive wages promptly at end of
voyage ..... 90, §10
lialile with master for damages by
neglect . 9ll. §11 ; 97. §1(1; 98, §17
penalty for absenting themselves
from service . . . 9S, §18
for unruly conduct . . 98, §19
to keep watch at sea and in harbor . 99, §21
penalty for desertion . . . 99. §22
pursuit for . . . 99, §L'3
to entertain no one on board without
master's leave . . . .99, §24
penalty for outrage upon master, 100, §2.")
for hindering voyage . 100, §L'5
not to desert vessel in distress . 100, §2ii
to save cargo, etc., in shipwreck, 100, §27
penalty for consenting to export of
coin' lis, §2
no credit to be given . . . 29:!, §1
process for debt void against . 134. §4;
293, §1
SALE (see Deeds).
of real estate invalid unless acknowl-
edged ami recorded
clerk of shire court to enter
SALEM
jurors from, nut to be summoned to
Ipswicli .....
county court for Essex to be held in,
fairs and market days established
coiiiniittee of militia in
searcher of coin appointed
receiver of fortilications dues ap-
pointed .....
county-rates for 1G72 allowed for re-
pair of forts
fine for constable refusing to
serve ...... 247, §6
shipping officer apjiointed . . 139, §3
survevors of ilamaged gooils ap-
pointed 295. §8
established as ]iort of entry . . 298, §1
port officer appointeil . . . 313, §li
naval office established . . . 290, §3
number of licenses to be granted . 351, §2
33, §4
33, §4
30. §7
37, §7
■1'.) §1
lb). §"u
■§3
lis.
140.
203,
§5
§2
SALISBURY
county court for Norfolk to be held
in
enlistment of troopers in .
naval-otficer appointed
SALT
measurers to be appointed
fees ....
Turtoodas, not to be used in curing
fish
SALTER, JO/fX
proclaimed pirate ....
SALTPETRE
selectmen to encourage production of,
SCHOOLS
reading and writing to be taught in
towns of 50 families
grammar schools in towns of 100
families
penally for neglect
increased .
number in towns of 500 families
instruction for university to he given,
teachers to be sound in the faith
exempt from niiliiary ser-
vice ....
SCOLDING
scolds to be gagged and ducked
SCOUTS
established in frontier towns .
SCRIPTURES (see Heresy, Word of
God).
pe'naltv for denial to be word of God,
SEAL
public, governor to affix to all com-
missions, etc.
secretary's fees therefor
to be affixed to cojiies of grants of
land 354, §2
standard weights and measures to be
sealed with ..... 155, §1
for neiv standard measures . . 279, §3
of treasurer's office . . . 72, §12
of notary public .... 31;', §5
for leather, to he provided 'nv towns, 89, §4
power of attornev valid without seal, 200, §7
SEALERS
of weights and measures, appointed, 155, §1
of leather, appointed by towns . . 89, §4
oath prescribed . 108, §28
to seal unwrought leather
before it is dressed, 212, §13
SEARCHERS
of money, appointed . . .118, §!
of pipcstaves ..... 122. iji
of powder, appointment of and duties. 120. §2
oath prescribed . lO'.l, §3o
37
313
313,
§7
§1
§7
134
135
§1
§1
54,
§e
355
§1
,135
§1
13G
§1
130
§2
137,
3(i5
305.
130.
130,
§:';
§3
§2
§2
§3
109,
§9
200,
§1
240,
§^
59, §2
135, §1
130, §1
30
Index to Colonial Laius.
SEARCHERS, continued.
(if (licklcd sturijcon . . . 210, §4
(if Icatlier (see SEALEns).
SECRETARY (see Clerk).
elected by balliit 47, §2 ; 274, §1 ; 282, §3
nalli prcscrilied . . . 165, §lo
to furnish copy of records of names
of freemen 38, §12
to receive fees for entry of petitions, 121, §1
to make copy of special orders for
delivery by marshal-general . . 131, §■>
to transmit copies of navigation act . 140, §3
to issue all writs, etc., inking's name, ICl, §1
SECURITY (see Bond).
for perishable produce taken in dis-
tress 41, §1
SEIZER (.see Searcher).
of leather for transportation . . 205, §2
freemen to choose . . 205, §2
SELECTMEN (see Towns).
to be chosen by towns . . . H.*!, §2
instructed in writing . . 14.S, §2
eligibility to election . . . lib, §4 .
property qualification re-
moved .... 352, §G
penalty for refusal to serve . . 55, §1
to assess persons wearing apparel in
excess of their station . . . 5, §1
to appoint perambulators of town
bounds . . . . . . 10, §1
to receive notice of injury by defec-
tive highway, etc. . . . 12, §2
to order fencing of common fields . 17, §2
to appoint fence-viewers . . . I'J, §()
to determine small causes, when . 21, §2
to grant execution . 21, §2
to value real and personal estates for
taxation 23, §3
to assess strangers .... 25, §1
to care that children be taught to
read 20, §1
to ]ilace apprentices .... 2(J, §1
to assess cost of maintenance of min-
ister 45. §17
to give certificates of freeholders . 56, §2
to apprehend Quakers . . . <!I, §'.)
to lay out town-ways . . . 64, §1
to view and approve stallions to run
on common ..... 66, §2
to doom goods fraudulently invoiced
for entry at custom-house . . 71, §7
io license innkeepers . 79, §1 ; 351, §1
to mount guns and repair forts . Ill, §11
to provide anmiunition . . 112, §15
materials for work in
house of correction . 127, §3
to encourage production of saltpetre 135, §1
to appoint officers there-
for .... 135, §1
to admit no school-teachers of un-
sound faith ..... 136, §3
to ajipohit burial-place of suicide in
highway 137, §1
to make orders for clearing common
lands for sheep-keeping . . 138, §1
to appoint how much eacli family
shall spin 141, §1
to order watch ..... 154, §1
to choose a sealer of weights and
measures ..... 155, §1
to have custody of standard weights,
etc. ...... 155, §1
to appoint measurers of corn, etc. . 156, §2
to pay bounty to Indians for wolves
killed 160, §2
SELECTMEN, continued.
to limit number of cattle on common
bands 211, §8
to appoint inspectors of wool in sea-
port towns ..... 210, §2
to raise money for ])urchase of arms, 227, §3
to appoint persons to search out un-
licensed houses of entertainment . 235, §8
to compel restitution of overcharge
by laborer .... 236, §11
to impress men to liarvest crops of
absent soldiers .... 245, §1
to care for persons and estates of in-
sane ...... 248, §9
to set up cage for Sabbath-breakers, 250, §2
to make quarterly list of persons who
have not taken oath of fidelity . 257, §1
to require idle persons to work. . 294, §4
to settle new comers in diligent em-
ployment ..... 337, §1
constables to serve all warrants of . 150, §8
of Boston and Charlestown to regu-
late employment of porters . . 124, §1
SELF-MURDER (.see Suicide).
SENTENCE (see Capital Puxishmest).
of death, when to be executed . . 30, §1
warrant for . . . 30, §1
no man to be twice sentenced for one
ollence 129, §1
SENTINEL (see Militia).
SERGEANT-MAJOR (see Militia).
SERVANTS (see Masters).
regulation of apparel . . . 6, §1
penalty for embezzlement from mas-
ters 13, §2
for pilfering and theft . . 13, §1
instruction of, by masters . . . 26, §t
disobedient, how ]ninished . . 27, §2
not to frequent public houses . . 27, §3
forbidden to engage in trade without
master's license .... 104. §1
hours of workmen prescribed . . 104, §2
fugitive, to be jiursued . . . 104, §3
wages to be set by freemen in towns, 104, ijl
all to be bound to same rates . . 105, § I
wages to be paid in corn . . . I(i5 §5
e.xeept by special agreement . 105, § >
flying from cruel master, may be
harbored 105, §6
none to be put off above a year with-
out authority . .... 105, §7
if maimed by master to go free, etc. . 105, §8
faithful service for seven vears re-
warded . . . . " . . 105, §9
unfaithfulness punished . . . 105, §9
not to be taken as passenger on ves-
sel without jierniit . ■ . 281, §1
unauthorized discharge of firearms by 349, §1
in satisfnction of debt . . . 305, §5
SETTLEMENT
of paupers, by county court . . 123, §1
three months" residence to
determine inlialiitanoy, 123, §1
persons forced from their habitations
l)y law, not to become a charge to
other towns .... 238, §16
of book accounts (see Debt).
SHEEP
rate of, for taxation . . 212, §12
t;ix upon, when brought from other
colonies . . . 283, §1
repealed .... 287, §2
liberty to keep on commons . . 137, §1
proportion of sheep to cows . . 138, §1
coursing with dogs lorl.iddi n . . 138, §2
Index to Colonial Lawn.
31
. 13S, §2
. KJ8, §o
. 138, §1
-'0, §1
24, S.'!
!io. s;i
8-»'l, §1
SHKKl', continued.
it killed liy dogs, ])cnalty .
regulation of wasliins wool
SIlll'-UriLDlXG (>ee Vkssei.s).
laws of eonstriK-tion an<l>urvey
SHir-CAHPKNTKU (sec Vksski.sI
SHIP-MASTEK (^sce Vessels, ilASTER
of).
SIIIPI'ING (see Vissels).
I;iws concerning .... 138
SHUnVKIiClv (see Vessels).
seamen to endeavor to .'ave tackle
and carsio . . ino, §27
compensation for . luO, jji"
SHIRE COURT (see Coim y Coirt).
to confirm nomination of clerk of
writs bv town ....
SnOEMAKKUS (sec Leatiieu).
to be taxed on income
forbidden to act as tanners
searcbers to seize boots, etc., made
of insufficient leather .
SHOOUNG
at ni:irk. in towns or higl\ways, for-
bidden ....
SIIUFELEBOATJD (J.see G.oiixo).
forbidden in jniblic houses . . 57, §1
SKINS iseeHii)i;s).
SI-AX1)ER
conviction and punishment for lying
no bar to action .... 02, §1
attainted jiirv mav sue for . . .320. §1
SLAVERY (secBoxDSLAVEnY).
SMITHS
to be taxed on income . . . 24, §3
S^IOKING (see Tobacco).
SNAIMACKS
musketeers required to provide . 251. §G
SODOMV
punished by death . . . . 15, §8
except by compulsion or under !4
veiirs " 15, §8
SPEEri!
libcrtv of bv iidiabitant or foreigner. 90. §1
SPINNING
sclectnien to require each faniil}' to
spin 141, §1
time and amount of production estab-
lished 141, §1
SPIRIT, FAMILIAL (see Witchcraft}.
con^nltini; with punisheil bv death, 14, §2
SPRINGFIELD
county court of Hampton to be held
in 38, §7
searcher of coin appointed . . 118, §3
STALLION' (see Horse).
STILLMAX. ELIAS
apjiointed searcher of coin in Pascat-
acjua 118, §3
STOCKS
penalty for theft . . . .13. §2
drunkenness and tipplins;, 81, §4
lying . . . \ ill, jl
profane swearing . . 145, §1
STRANGERS
to ^ive an account of theinselves
immediately on arrival . . 143, §1
names and qualities to be recorded . 143, §1
posted in all port towns, 143, §1
Christian fuE^itives to be succored . 143, §1
to enjoy equal protection of law . 143, §1
not to be entertained above 3 weeks
without license . . 143, §1 ; 226, §S
to Kive security for admission to
Boston 220, §7
STRANGERS, continued.
oath of fidelity required .
to be assessed for taxation
allowance in trials at law
sjieeial court tor
may enter action in any court
<m security
against another stranger
deceased, provision for probate of
wills ......
STRAYS (see Cattle, Lost Goods).
STRONG WATER (see Liquor).
STUDENTS
of Harvard College exempted from
military service ....
STURGEON
regulation of packing and salting .
searchers to be appointed
SUBSCRIPTION (see Oaths).
required to no covenant, etc., except
as established by law
SUDBURY
designated as frontier town
SUFFOLK
commissioners of, to set price of
corn ......
time and place of holding county
court ......
market-day established .
fines for galloping in streets of Bos-
ton to be paid into county treasury,
jurors for court of assistants to be
chosen from .....
command of militia in .
date of regimental meetings . 1
committee appointed to examine war
rates ......
SUFFRAGE (see Freemf.x, Votes).
SUICIDE
to be burled in common highway with
cartload of stones upon the grave,
SUITS, VEXATIOUS (see Actioxs).
to pay treble damages
SUM.MONS (see Attachmext).
ilerk of writs to grant
to be issued in king's name
form of, prescribed ....
any pi lintiff may take out
not affei'ted by circumstantial errors,
to be served six days before court .
to briefly specify the case
when party may refuse to appear
to express in whose name tiie suit is
lirought .....
SUPPLEMENTARY LAWS AND OR-
DERS
SURETY (see Bond).
to be given for costs and damages
on appeal in civil cases
also for good behavior in criminal
cases ......
marshals and keepers of prisons to
accept ......
SURGEONS
not to use violent methods without
consent of patient
to have precedence at ferries .
exempt from military sevice on al-
lowance of two magistrates.
SURVEYOR-GENERAL
to give yearly account of stock of
anmiunition . . . . 1
to receive fund- or money collected
as fortifications dues
to receive port dues yearly
. 120
«2
. L'5,
!!l
. 1. ")■.',
H
. 38,
§"
. 38,
§8
. 207,
S'
2!)+,
§2
158, §2
109, §9
200,
210
§1
119,
§1
247,
§5
25, §3
37. «7
49, §1
59, §1
^8(1, §1
107, (tl
Hi, §22
248,1
137, §1
3. §S
29. §1
111, §1
1IJ2, §1
'. «l
7, §2
7. §2
7. §2
7, §2
8, §1
199
3, §1
3, §1
7. S2
28. §1
50, §2
100, §9
12 §14
140, §5
271, §9
32
Index to Colonial LaicK.
SURVEYOKS
lit' vessuls in constriK'tion . . 138, §1
of liigliways, to be fleeted annually
by towns ..... 147, §1
penalty for refusal to .servo . . 55, §1
cf goods damaged on board ship, ap-
pointed . ^ . . . . 205, §8
to be chosen yearly, 2'15, §f;
of land, appoinlud .... 2',H\. §9
form of oath . . l"J.i, Jjlo
SWINE
rate of assessment for taxation . 2:', §3
reduced . . . 301, §1
when brought from
other colonies . 283, §4
SWINE, continued.
rate of assessment repealed . .287
towns to make orders for prevention
of damage by ... .
towns to a])point officer to imp-'e^s .
cattle fences to be sufficient
against
trespass by
impounding of .
disi>ositiou of, if unclaimed
to be marked with ear-mark by Eng-
lish owners ..... 205, §1
use of ear-mark by Indians fi>rbid-
den . . '. . . . 201;. §1
to be constantly ringed . . . 2115, §7
145,
«l
145,
§1
145
«2
20,
«fl
125,
i>l
140,
§:*
fi, §2
2., §3
88, §1
80
8'J,
2U5,
§1
§1
27
§3
23,
§3
34,
§1
23,
§3
2G,
§1
TAILORS
forbidden to make garments for chil-
dren, etc., contrary to order of
parents, etc. .....
to be ta^ed on income
TANNER (see Lkather, Hides).
fiirl)i(lden to act as butcher, currier,
or shoemaker, ....
penalty for selling leather insuf-
ficiently tanned ....
no other ni.ay buy raw hides
repealed ....
TAVERN (see Innkeepkr, License).
not to entenain children, students,
etc
TAXES
country rates .....
levieil only bj' gener.al
court ....
treasurer to issue -war-
rant ....
appraisement, when to bo
made ....
one hundred pounds addeil
to levy in aid of Har-
vard College
proportional allowance to
be made to voluntary
contributors .
payment in corn
wampum not acceptable
rates for polls and estates
cattle, etc.
reduced
horses and mares
income tax on artificers .
expense of apprehending and punish-
ing Quakers ..... 63, §10
rebate to towns for bounty paid for
wolves killed .... IfiO, §3
special levy on landed property . 2911 b
county rates, arrears to be levied on
warrant of county
court . . . 151, §4
corn, etc., to be ac-
cepted at country rate, 152, §5
town rates to include cost of minis-
ter's house . 45, §1G
of minister's
maintenance, 45, §17
assessment of lands, where they lie . 23, §2
persons where they
dwell . . . 2^, §2
lands and persons out-
side townships . 24, §3
strangers . . 25, §1
30, §1
30, §1
24, §3
154, §1
. 23, §1
. 23. §3
. 301. §1
253, §11
24, §3
TAXES, continved.
assessment of commissioner and board
of assessors chttson
meeting of .
list of males from si.\teon
years ....
vaUiatio!" to he made in
si.xth month,
penalty for neglect .
of sheep, fixed . . 2
merchants, etc., to be
doomed .
appeal to county court
collection of, by constable
date of return of collections
non-payment, distress ot
goods for
arrest of per-
son
exemption, magistrates and ciders of
churches,
cattle under one \
hay and corn
infirm artificers
estates in England .
regul.irly ordained m
ters
TESTAMENT (see Wills).
TESTIMUNV (.see Wit.vess).
of two or more witnesses required for
conviction in capital cases .
magistrate of connnissioncr may take
out of court
except in cajiitMl cases,
to be recorded . . . I'-'O. §1 ;
of participant in game to lie good in
hiW . . . . ' .
THANKSGIVING (see Church).
day of, churches to celebrate .
every person to attend wor-
ship .....
THEFT
from orchard or garden, etc.
one magistrate may determine small
cases .
right to appeal from,
of goods in value above 10 shil-
lings .....
concealment of ....
penalty of neglect to ]irosocute
TILES
earth for, regulation of digging
prescribed for roofs in Boston .
TING, ED WARP
member of committee on soldiers'
relief ......
23, §3
24, §3
23, §3
23, §3
24, §3
12, §12
23, §3
23. §3
25, 3
24, §3
21, §3
21, §3
23, §3
23, §3
24, §3
25, §3
20, §1
L^S, §1
158,
15U.
158,
§3
§2
58,
§2
43,
§-
45,
§15
13
§3
13,
13
§2
§2
13
13
U
§••
§1
140
2i;!)
§1
§2
247, §7
Index to Colonial Laws.
33
TIPPLING (see Drunkenness, Inn-
keeper).
forbidden in public houses more than
half an hour, etc. . . 80, §4
penalty for .... 235, §8
in wine-cellars, etc. . . 81, §7
retailers, householders, etc. 81, §7
TITHING-MEN
selectmen to appoint . . . 249, §1
to be chosen annually in pre-
cincts .... 270, §3; 341, §6
duties prescribed . . 270, §3, 341, §7
oath .... 271, §5; 341, §8
penalty for refusal to serve . . 275, §4
power to arrest disorderly persons . 250, §1
idle persons . . . 3.39, §2
Sabbath-breakers . . 339, §3
to inspect licensed houses, 259, §3; 339, §1 ;
340, §5
taking oath of fidelity . 257, §1 ; 340, §4
allowance for service . . . 259, §3
TITLE (see Deeds, Estate, Inherit-
ance).
acriminal offence to resist judgment
of court concerning . . . 11,§2
fraudulent 32, §3
assured by five years' undisturbed
possession . . . 124, §1; 20C, §j
TOBACCO
takers to be presented by constable
to magistrate .... 60, §1
use of, forbidden near houses, etc. . 14(j, §1
in inns, except in
private room . 146, §1
TOLL
for grinding corn, established . . lOG, §1
TOLL BOOK (see Cattle, Clerk of
Writs).
of cattle and horses to be kept by
clerk of writs .... 147, §1
TORTURE
not to be applied before conviction . 129, §1
in capital case, to compel exposure
of confederates .... 129, §1
not to be barbarous or inhuman . 129, §1
TOWNS
to set boundaries within 12 months . 10, §1
to perambulate and renew
marks . . . . 10, §1
to pay proportionate cost of bridges in
country highways . . .12, §1
to impress workmen to repair
bridges 12, §3
to pay damages for injury by defect-
tive highway's, etc. . . . 12, §2
to establish brand-mark for cattle . in, §3
to dispose of lands and woods . . 147, §1
in fee simple . . . 353, §1
confirmation of . . 354, ^2
no deed required . . 32, §2
to grant lots 147. §1
to choose officers annually . . 147, §1
to make laws, not criminal, with
penalty to twenty shillings . . 147, §1
to levy penalties by distress . . 147, §1
to choose selectmen yearly, or for
less time . . . 148, §2
instructions in writing . 148, §2
to dispose of single persons, etc., to
service .... 148, §3; 149, §7
to impose fine for refusal to serve as
constable 148, §5
to make orders for prevention of
damage by swine, 145, §1
penalty for neglect, 146, §J
TOWNS, continued.
to nominate clerk of writs
to nominate magistrates annually
to choose yearly surveyors of goods
29,
47,
§1
. 269. §8
IC, §1
of
89, ?♦
89. §4
32 1 , §4
of
135, §1
130, §1
136, §2
76, §7
70, §7
91, §2
124, §1
143, §1
damaged on board ships
to appoint gaugers, etc. .
searchers and sealers
leathei
to provide seal for
to appoint cullers of bricks
maritime, to appoint measurers
salt
of fifty householders to employ teach-
er
of one hundred householders to main-
tain grammar school
to assist Indians in fencing planted
ground ......
to pay damages for injury by cattle
to Indians' corn-fields .
to appropriate no great pond to a
particular person .
to establish a sufficient pound .
to entertain strangers not above
three weeks without license
to provide a sufficient watch-house, 1 12, §15
safe storage for ammuni-
tion .... 112, §15
to pay bounty for wolves killed . 100, §3
not liable if killed out-
side bounds . . 325, §4
to pay charges of care of insane . 248, §9
settlement of paupers . . . 123, §1
clerk to read the Sabbath laws at
some public meeting . . 272, §10
horse-racing forbidden within four
miles of 347, §1
to provide flints for soldiers . 237, §13
on frontier, to send aid in distress . 247, §5
firearms to be distributed propor-
tionally among .... 227, §3
deserted, regulations of re-settle-
ment 267, §10
meeting, liberty of speech and peti-
tion 90, §1
qualifications of voters in . . 148, §4
restriction of common privileges . 149, §6
charges of, how assessed . 23, §2, 3
TRADE
with Indians ....
regulation of licenses for .
TRADESMEN
to be taxed on income
TRADING-HOUSES
unauthorized, to be demolished
with Indians, abolished
TRAINING (see Militia).
]»ersons exempt from
to be held six days yearly
reduced to four days
penalty for absence from, 204, §3; 260, §4
fishermen must attend when at home, 209, §2
masters of vessels in foreign trade
only exempt .... 221, §10
sale of liquors at, forbidden . . 265, §1
TRAVEL
on the Lord's day, forbidden . . 134, §4
from town to town on riotous pleas-
ure, penalty .... 236, §12
TREASON
defined 15. §1?
punished by death . . 15, §12; 263, §3
no limit to time in which indictment
may be brought .... 79, §1
oath to disclose .... 2(1-, ';,]
■ 78, §12
. 24, §3
. 76, §5
237, §14
. 109, §9
. 108, §5
. 260, S2
34
Index to Colonial Laws.
TREASURER
of the country, elected by ballot . 47, §2 ;
274, §1; 282, §3
oath prescribed, 165, §12
seal of office . . 72, § 1 2
general duties of . 150, §1
to issue warrant for
collection of fines
from general court
or court of assist-
ants . . . 151, §4
fees . . . . 151, §4
to account yearly . 151, §4
to issue warrants for
tax levy . . .23, §3
to receive and account
for taxes . . 24, §3
to distrain constable
for neglect . . 25, § 1
forbidden to accept
wampum in taxes . 154, §1
to defray charges of
hue-and-cry . . 31, §2
to pay charges of el-
ders on public ser-
vice . . .44, §13
to pay charges of wit-
nesses in criminal
cases . . . 159, §3
levy on delinquent, 159, §3
to receive taxes for
sale of liquors in
licensed houses . 69, §4
to empower collector
of customs in port
towns . . .70, §3
to execute customs
laws . . .71, §10
to appoint deputies . 72, §10
to appeal to governor
and council in doubt-
ful cases . . 72, §12
to collect excise on
wine . . . 82, §11
may substitute depu-
ties in towns . . 82, §11
to grant licenses to
trade with Indians, 78, §12
to pay bounty for kill-
ing wolves . . 159, §1
to allow rebate to
counties and towns, ICO, §2
to distribute printed
copies of acts of
general court . 210, §7
to pay bills of towns
on account of war
disbursements 240, §23
TREASURER, continued.
of the country , powers continued after
expiration ot term .... 330, §3
of county, chosen annually by free-
men .... 150, §2
clerk of county court ineli-
gible .... 150, §2
general duties of . . 150, §2
to defray charges of hue-
and-cry .
to receive all fines
to issue warrant for col-
lection .
fees .
to account yearly to county
court .
to present names of neg-
ligent constables
to accept corn, etc., at
country rates
to have powers like coun-
try treasurer
TRESPASS (see Actions).
by cattle upon fenced fields
involuntary, no damage .
by goats ....
by swine or calves
not exceeding forty shillings, to be
determined by any magistrate
or by commissioners .
by fishermen upon timber lands for-
bidden unless licensed .
on corn or meadow forbidden to
fishers and fowlers
TRIAL (see Action, Causes, Courts,
.TuRons).
to be first held iu inferior court
review on new evidence .
final appeal to general court
choice of trial by bench or bench and
jury . .
challenge of jurors .
dispensations to children, etc. .
TROOPERS (see Militia).
to furnish themselves with carbines, 220, §2
repeal of exemption from rates . 228, §2
regulations for enlisting . . . 2C7, §8
privileges of, revised 113, §16 ; 281, §2
repealed . . . 287, §1
special order for assessment of . 296, b
order allowing Major Pike to enlist
from foot soldiers .
TRUCKING HOUSES (see Trading
Houses).
TRUST
of gifts and legacies to colleges, etc.
TURTOODAS
salt, not to be used in curing flsh
. 31
. 151
.§2
,§3
151
151
. §1
.§4
151
§1
152
§5
152
§5
151
§5
18
18,
18
20,
§3
§3
§1
20,
20,
§1
§1
62,
§1
91,
§2
152,
152,
152,
§1
§1
152,
152,
152,
§2
§3
313, §4
9, §1
54, §fl
UNITED COLONIES
form of commissioners' credentials . 163, S5
UNTIMELY DEATH
inquest upon 39, §1
UNWHOLESOME BEER (see Brewers).
penalty for furnishing . . . 11, §1
USURY (see Interest).
contrary to the law of God, forbidden 153, §1
VAGABOND
to be apprehended without warrant, 153, §1
punishment of . . . . 153, §1
Quakers, orders concerning . . 62, §10
VALUATION OF ESTATES (see Taxes).
VERDICT (see Jurors).
special
Ijiirtial
failure to agree
to be recorded
87, §3
87, §a
87, §4
129, §1
Index to Colonial Laivs.
35
VERDICT, continued.
lihertyof freemen in rendering • 153, §1
silence to be counted in tlie nega-
tive • 153, §1
corrupt or erroneous, proceedings in
case of 201, §1
repeal of law allowing magistrates
to refuse 202, §1
must be given upon merits of case, 272, §12
VERKN, lilLLIARD
appointed shipping-officer of Salem,
Gloucester and Warblohead . . 139, §3
appointed collector of port dues for
Salem and Marl)leliea(l . . 271, §9
superseded by Bcnj. Gcrrisli . . 313, §6
VESSELS (see Customs, Fishing,
Maritime Affairs, Sailors,
Wreck).
survey of, in construction . . 138, §1
ship-carpenters to be
appointed to view . 138, §1
to condemn bad timber
and workmanship . 139, §1
regulations concernim; ballast . 9, §1
harbor dues to be paid . . .69, §3
right of passage when tide flows , 91, §2
foreign traders to have freedom of
harbors, etc. . 139, §2
port charges upon . 140, §5
nmst acknowledge
government . 141, §G
officer of shipping ai)i)ointed . . 139, §3
duties and fees . 139, §3
rates of wharfage .... 156, §1
regulation of ancliorage at Boston . 157, §2
penalty for casting dirt into cove . 157, §3
port dues established . . . 271, §9
coasters exempted from giving bonds
of entry and clearance . . 290, §1
regulations of entry and clearance . 298
trade with ship forbidden until anchor-
ed in port 299, §1
in distress at sea . . . 100, §26
owners, majority to agree in setting
forth . . . . 93, §1
protest against charter . 93, §2
liberty to sell his share . 94, §3
may order change of voyage 95, §9
may recover damages from
master and men for neg-
lect .... 90, §11
liable with master for loss
to shipper by deficiency
of vessel . . .97, §15
master of, exempt from military ser-
vice. ." . 109, §9
only if in foreign
tr.ide . 221, §10
no attachments to issue
against without security, 294, §2
in refusal of part owner
mav take up on bottom-
ry " . . . . 93, §1
to have single vote with
owners in ordering of
vessel . . . . 94, §3
liable fordamage by negli-
gence or incompetency, 94, §4
to make written agree-
ment with sailors . 94, §5
to provide victuals and
drink for seamen and
passengers . . . 95, §i)
to ship or entertain no
seaman already engaged, 9."i, §7
VESSELS, continued.
master of, to enter only charter
ports . . . . 95, §8
may alter voyage on order, 95, §9
to pay wages promptly at
end of voyage . . 96, §!0
liable for damages by neg-
lect . . 96, §11
by fouling at
moorage . 96, §12
by running down
vessel at an-
chor . . 97, §13
by breakingloose
from anchor-
age . . 98, §17
by deficiency of
vessel . . 97, §15
of goods at sea . 97, §16
to appoint watch at sea
and in harbor . . 99, §21
to entertain no one on
board at unseasonable
times . . - .99, §24
tostay by vessel in distress, 100, §26
to give bond of vessel in
port .... 139, §3
regulation of conduct on
board .... 140, §4
to contribute powder or
money in support of
fortifications . . 140, §5
to bring passengers, stran-
gers, kiefore magistrate
for examination imme-
diately on arrival . 143, §1
to deliver no goods with-
out order from collector
of port . . .72, §13
to observe acts of naviga-
tion and trade . 358, §2
to make satisfactjon for
damaged goods . . 295, §8
forbiddea to receive raw
liides for ex-
port, 64, §1; 205, §2
borses, unless
registered . 65, §1
sheep's wool . 219, §2
coin . . 118, §2
pipestaves un-
viewed . 122, §1
servant or ne-
gro as pas-
senger with-
out permit . 361, §1
penalty for bringing in
Quakers or heretics . 60, §4
penalty for neglecting
measurement of salt . 135, § I
penalty for refusal to pay
port dues . . . 271, §9
regulations concerning
import of wines and liq-
uors . . . . 329, §1
sailors to receive no credit at public
houses .... 293, §1
process for debt void against, 293, §1
desertion of . . . . 99, §-.'2
how punished . 99, §23
mutiny and piracy . . 211, §9
inefficient pilot, etc., to forfeit
wages . . . - 98, §20
to keep watch at sea and in
harbor . . . -99, §21
3(5
Index to Colonial Laics.
VICTUALLERS, (see Inkkeepeus, Li-
censes).
to be taxed on income . . •24, §3
VIEWERS
of pipestaves (see PiPESTAVEs) . 122, §1
oath prescribed . 161), §:i2
of fish (see Fish) oath i)rescribed, 170, §34
VIEW OF ARMS (see Militia).
VILLAINAGE (see Bondsf.avery).
VINTNER (see Innkeeper, Wine).
VOLUNTEERS (see Militia).
til be subject to all martial laws . 242, §:5
VOTE (see Electio.ns, Ballot).
freemen only to vote . . . 47, §1
penalty for illefial . . . . 47, §1
Quakers, etc., disfranchised . . 48, §5
liberty of, to freemen . . . 1.53, §1
silence to be counted in the nejrative, 153, §1
penalty on moderator for refusal to
put vote 153, §1
w
WAGES (see Servants).
freemen in towns to fix . . . 104, §4
to be paid in corn , . . . 105, §5
penalty for exacting excessive . 120, §1;
236, §11
of porters in Boston and Charles-
town to be fixed by selectmen . 124, §1
of men who work for absent sol-
diers .... 238, §18; 245, §1
of idle persons in liouse of correc-
tion 294, §4
WAMPUM
legal tender in payment of debts to
40 shillings . . 154. §1
except country taxes . 154, §1
WAR (see Militia).
laws and ordinances of . . . 229
relief of persons driven from their
habitations by . . . 238, §1G
disbursements of towns in, how set-
tled 240, §23
with Indians (see Indian War).
WARD, SAMUEL
appointed searcher of coin in Marble-
bead 118, §3
WARR.iNT (see Arrest, Constable,
Courts, Execdtion, Su.mmons,
Taxes).
WATCH (see Militia, Sentinel).
constable's, from first of May to end
of September . . 154, §1
constable or selectmen to
order .... 154, §1
charge to . . . 154, §1
duties of . . . . 154, §1
penalty for refusal to
serve .... 154, §1
every able-bodied man
liable .... 155, §1
such as live at a distance
exempt . . . 155, §1
exemption of magistrates,
etc 155, §2
military, exemption from service in, 114, §18
towns to provide a sufficient watch-
house, 112, §15
WATERTOWN
fairs established . . . . 49, §1
WAYS (see Highwavs).
WEIGHTS (see Weights and Measures).
millers to provide, with scales . . 106, §1
new standard from England . . 291, §1
WEIGHTS AND MEASURES
country standards to be provided by
treasurer . . 155, §1
for towns, by con-
stable . . 155, §1
to be sealed by
treasurer . . 155, §1
kept in custody by
selectmen . 155, §1
WEIGHTS AND MEASURES, continued.
sealers, selectmen to appoint . . 155, §1
to inspect and seal with town
seal for cattle . . . 150, §1
to destroy false weights, etc., 156, §1
penalty .... 15(i, §1
further brass weights provided . 272, §i3
new standard from England, 279, §3; 291, §1
WEYMOUTH
rates of ferriage established . . 50, §1
WHALE
cast ashore, to belong to the country, 161, §1
WHARFAGE
rates established .... 156, §1
wharfinger may levy on goods . . 157, §1
regulation of anchorage at Boston . 157, §2
penalty for casting dirt into cove . 157, §3
WHARFINGER (see Wharfage).
to collect dues and penalties . . 157, §1
WHEAT (see Bakers, Bread, Market).
weight of bread regulated by price iif, 8, §1
middle price of, to be published
monthly 288, §4
prohibition of import . . . J 06, §2
suspended . . 239, §19
WHIPPING
punishment for burglary and high-
way robbery . 13, §1
pilfering and theft . 13, §2
unauthorized use of
horse . . .19, §5
disobedient children
and servants . 27, §2
reviling magistrates
or ministers, 36. §6; CI, §7
setting fire to barn,
etc. . . . 51, §2
gaming . . . 58, §2
denying Scriptures
to be word of God, 59, §2
vagabond Quakers
at cart's tail . 62, §10
fornication . . 54, §1
lying . . .91, §1
unruly sailors . 98, §19;
100, §23
wife-beating and
husband-beating, 101, §1
rescue or pound
breach . . 125, §2
profanation of
Lord's day. . 133, §1
sporting in streets
or fields, or drink-
ing in public
houses after sun-
set Saturday or
Sunday . . 133, §2
neglecting to pay
fines . . . ;.S3. §3
profane cursing . 145, §2
Index to Colonial Laws.
37
WHIPPING, continued.
punisnment for vagabondage . . 153, §1
drunkenness in In-
dians . . . 78, §11
bawdery . . 208, §3
misbehavior of cliil-
dren in meeting . 234, §G
cliildren absent from
families at niglit . 230, §0
violation of license, 352, §3
upon commitment to house of correc-
tion 127, §3
in default of payment of fine for
selling liquor to Indians . 212, §15
not above 40 stripes at one time . 129, §1
to be administered only for shame-
ful crime 129, §1
constable to inflict . . . . 31, §1
WHOREDOM
punishment for .... 208, §3
WIDOW
dowry 42, §1
court to assign portion of estate of
intestate husband .... 158, §3
WIFE (see Marriage).
penalty for striking husband . . 101, §1
in absence of husband te take no
lodger without consent of authority, 216, §4
WILLS (see Administrator, Estate,
Legacies).
age to make 1> §1
trustees under, to account to county
courts 9, §1
penalty for forging .... 54, §1
houses or lands granted by . . 32, §2
fee of clerk of court for attesting . 130, §1
to be entered for probate at next
county court. .... 157, §1
duties of executors and administra-
tors 157, §1
administration granted in vacation of
court . . . 158, §2
to next of kin of in-
testate . . . 158, §2
jurisdiction of county court . . 158, §3
powers of county court in adminis-
tration .... 330, §5; 333, §1
WINE (see Customs, Licenses).
import duty upon . . . . 67, §1
doubled. . . 253, §10
suspended . . . 304, §1
continued . . . 312, §1
tax upon sales of .... 69, § I
vintners to account to treasurer for
purchases and sales . 82, §11
excise to be paid in wine . 82, §11
not to be given to workmen or
boys 202, §1
sale of, at training, forbidden . . 2fi5, §1
regulations of entry . . . . 329, §1
WITCHCR.4FT
punished by death . . . . 14, §1
WITNESS (see Evidence, Testimony).
two or more required in capital cases, 158, §1
evidence of, may be taken out of court, 158, §2
except in capital cases, 159, §2
allowance for travel and expenses . 159, §3
fine for non-appearance . . . 159, §3
charges to be borne by delinquent . 159, §3
oath prescribed . . . 167, §22
WOLVES
bounty for killing . . . . 159, §1
payable by town or county
within whose bounds they
are killed .... 325, §4
special bounty to Indians . 160, §2
additional act in encourage-
ment 160, §3
WOMEN (see Dowry, Marriage, Wife).
to be required to spin . . . 141, §1
single, or wife in husband's absence,
to lodge no one without consent . 216, §4
WOOD
towns to grant rights in lands . 147, §1
restrictictions upon . . 149, §6
measurers of 156, §2
assize of, by boat-load . . . 160, §1
measurement of cord established . 160, §1
WOOL
penalty for selling improperly
cleaned . . . . . 138, §3
exportation of, forbidden . . 219, §2
inspectors of, appointed . . . 219, §2
WORD OF GOD (see Doctrine, Her-
esy, Scriptures).
trial according to, by general court, 1, §1
liberty of churches under . . 43, §1
penalty for disparagement of . . 44, §13
books designated as the written and
infallible 59, §2
penalty for denial of . . 59, §2
for second offence . GO, §2
to prevail in moral cases against cus-
tom or prescription . . . 126, §1
WORKMEN
artificers required to labor at harvest, 161, §1
gift of liquor to, forbidden . . 202, §1
pay fixed for men impressed to har-
vest corn of absent soldiers . 238, §18
WORSHIP (see Church, Idolatry).
freedom of 43, §6
penalty for disturbing . . . 44, §14
for absence from . . 45, §15
non-attendance upon, works disfran-
chisement ..... 48, §5
of Quakers, forbidden . . . 250, §3
WRECK
duty of seamen in case of . 100, §27
persons and goods to be harbored
and protected .... iBl, §1
WRITS (see Actions, Attachment,
Constable, Execution).
to be issued in the king's name . 161, §1
clerk of (see Clerk of Writs).
YEAR
of regimental meetings fixed . 116, §22
YORK
county court of Yorkshire to be held
in 37, §7
YORKSHIRE
time and place of holding county court, 37, §7
date of regimental meetings . 116, §'J2
compensation of major . 116, §22
Y'OUTH (see Children, Maid, Parents).
3 8226 00026 587 3
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