THE
GENERALL
LAWS
OF
THE
MASSACHVSETS
COLONY
,
REVISED
AND
PUBLISHED
,
BY
ORDER
OF
THE
GENERAL
COURT
in
October
1658.
FOrasmuch
as
the
free
fruition
of
such
Liberties
,
Immunities
,
Priviledges
,
as
Humanity
,
Civillity
and
Christianity
call
for
,
The
Civil
priviledges
of
the
Inbitants
of
this
Colony
.
as
due
to
every
Man
in
his
Place
and
Proportion
,
without
Impeachment
and
Infringement
,
hath
ever
been
,
and
ever
will
be
,
the
Tranquility
and
Stability
of
Churches
and
Common-wealth
,
and
the
denyall
or
deprival
thereof
,
the
disturbance
,
if
not
ruine
of
both
.
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
That
no
mans
life
shall
be
taken
away
,
no
mans
Honour
or
good
Name
shall
be
stained
,
no
mans
person
shall
be
arrested
,
restrained
,
banished
,
dismembred
,
nor
any
wayes
punished
;
no
man
shall
be
deprived
of
his
wife
or
children
,
no
mans
goods
or
estate
shall
be
taken
away
from
him
,
nor
any
wayes
indamaged
,
under
colour
of
Law
,
or
countenance
of
Authority
,
unless
it
be
by
virtue
or
equity
of
some
express
Law
of
the
Country
warranting
the
same
,
established
by
a
General
Court
,
and
sufficiently
published
;
or
in
case
of
the
defect
of
a
Law
,
in
any
particular
case
,
by
the
word
of
God
.
And
in
Capital
Cases
,
or
in
Cases
concerning
dismembring
,
or
banishment
,
according
to
that
word
,
to
be
judged
by
the
Generall
Court
.
[
1641.
]
Ability
.
Age.
Age
of
discretion
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
the
age
for
passing
away
Lands
,
or
such
kinde
of
Hereditaments
,
or
for
giving
of
Votes
,
Verdicts
or
Sentences
in
any
civil
Courts
or
causes
,
shall
be
one
and
twenty
years
,
but
in
chusing
Guardians
,
fourteen
years
.
Liberty
to
dispose
Estate
.
And
all
persons
of
the
age
of
one
and
twenty
years
,
as
aforesaid
,
and
of
understanding
and
memory
,
whether
excommunicate
,
condemned
,
or
other
,
shall
have
full
power
and
liberty
,
to
make
their
Wills
and
Testaments
,
and
other
lawfull
Alienations
of
their
Lands
and
Estates
.
[
1641.
47.
]
Age
for
Plantiffs
and
Defendants
.
Age
for
Plaintiff
and
Defendant
.
IT
is
Ordered
by
this
Court
and
the
Authority
hereof
,
that
the
age
for
Plantiffs
and
Defendants
in
civil
Cases
,
before
any
Magistrate
,
Commissioner
or
Court
of
Judicature
,
shall
be
twenty
one
years
of
age
,
and
for
all
persons
under
that
age
,
their
Parents
,
Masters
,
and
Guardians
as
they
shall
see
meet
shall
plead
and
defend
their
right
and
interest
,
as
the
matter
may
require
;
and
in
all
Criminal
cases
,
every
person
younger
as
well
as
elder
,
shall
be
liable
to
answer
in
their
own
persons
,
for
such
misdemeanours
as
they
shall
be
accused
of
,
any
may
also
inform
and
present
any
misdemeanour
to
any
Magistrate
,
Grand-jury-man
,
or
Court
,
any
Law
,
Custome
or
Usage
to
the
contrary
notwithstanding
.
[
1668.
]
Actions
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
all
Actions
of
Debt
,
Actions
when
tryable
.
Accounts
,
Slander
,
and
Actions
of
the
Case
concerning
Debts
and
Accounts
,
shall
henceforth
be
tryed
,
where
the
Plaintiff●
pleaseth
,
so
it
be
in
the
Jurisdiction
of
that
Court
,
where
the
Plaintiffe
or
defendant
dwelleth
,
unless
by
consent
,
under
both
their
hands
it
doth
appear
,
they
would
have
the
case
tryed
in
any
other
Court
.
All
other
Actions
shall
be
tryed
,
within
that
Jurisdiction
where
the
cause
of
the
Action
doth
arise
.
2.
Whereas
sundry
Inconveniences
do
arise
,
by
reason
that
Plaintiffs
in
Civil
Cases
do
delay
to
Enter
their
Actions
,
to
the
great
expence
of
much
precious
time
,
and
damage
to
the
Publick
:
Rule
for
entry
of
Actions
.
This
Court
doth
therefore
Order
,
That
henceforth
no
Action
shall
be
Entred
after
the
first
day
of
the
Court
is
ended
.
And
in
case
any
Plaintiff
shall
delay
his
Entry
longer
then
the
first
Forenoon
of
the
Courts
sitting
,
every
such
person
or
persons
shall
pay
double
Entry-money
.
And
all
persons
,
whether
Parties
or
Witnesses
,
are
enjoyned
to
attend
their
respective
Concerns
in
every
Court
of
Justice
,
as
well
the
first
Forenoon
of
the
Court
,
as
afterwards
;
and
shall
present
the
whole
Plea
and
Evidence
before
the
Case
be
committed
to
the
Jury
,
and
no
after-Plea
or
evidence
shall
be
admitted
to
any
person
,
Any
Law
,
Usage
or
Custome
to
the
contrary
notwithstanding
.
And
for
that
end
,
all
Marshalls
and
Constables
are
enjoyned
to
make
their
Returns
of
Attachments
by
them
served
,
sometime
the
first
Forenoon
of
the
Court
that
is
to
take
cognizance
of
the
Case
concerned
therein
.
Provided
,
That
the
double
Entry-money
be
paid
by
him
that
so
neglects
his
Entry
,
and
not
put
the
Defendant
to
unnecessary
charge
through
his
default
.
[
1665.
]
Actions
of
trespass
under
forty
shillings
.
3.
In
all
Actions
of
Trespass
,
where
Damage
shall
be
pretended
,
above
Forty
shillings
,
and
yet
on
the
hearing
thereof
,
it
shall
appear
to
the
Court
to
come
under
that
value
,
in
all
such
Cases
,
the
Plaintiffe
shall
lose
his
Action
,
and
pay
the
Defendant
cost
.
Fees
for
Entry
of
Actions
.
4.
Every
Person
impleading
another
,
in
any
Court
of
Assistants
or
County
Court
,
shall
pay
the
sum
of
ten
shillings
,
before
his
Case
be
Entred
;
and
for
every
Action
of
above
forty
shillings
value
,
tryable
before
the
Commissioners
of
Boston
,
ten
shillings
;
and
for
all
Actions
under
forty
shillings
,
tryable
before
the
said
Commissioners
.
one
Magistrate
,
or
the
three
Commissioners
,
for
ending
small
Causes
,
A.
52.
p.
7.
ten
Groats
,
unless
the
Court
see
cause
to
admit
any
to
Sue
in
forma
pauperis
.
[
1642.
52.
]
5.
And
where
the
Debt
or
Damage
recovered
,
shall
amount
to
Ten
pounds
,
in
every
such
case
to
pay
five
shillings
more
;
Addition
of
fees
of
Actions
.
and
where
it
shall
amount
to
Twenty
pounds
or
upward
,
there
to
pay
ten
shillings
more
then
the
first
ten
shillings
,
which
said
additions
,
together
with
the
charge
of
the
Entry
of
the
Action
,
shall
be
put
to
the
judgement
and
execution
,
to
be
leavied
by
the
Marshall
,
and
accounted
to
the
respective
Treasurers
to
whom
it
appertaineth
.
[
1647.
]
6.
Whereas
the
Country
is
put
to
great
Charge
,
by
this
Courts
attending
Su●●s
Commenced
or
Renewed
by
Petition
or
Review
.
Actions
brought
to
the
General
Court
to
bear
the
charge
of
the
Court.
It
is
Ordered
that
in
all
such
cases
;
if
it
appear
to
the
Court
,
that
the
Plaintiffe
had
no
just
cause
of
any
such
proceeding
,
the
said
Plaintiffe
shall
bear
the
whole
charges
of
the
Court
,
both
for
time
and
expences
,
which
they
sha
●
judge
to
be
expended
by
his
occasion
;
and
may
further
impose
a
fine
upon
him
,
as
the
merit
of
the
cause
shall
require
;
but
if
they
finde
the
defendant
in
fault
,
they
shall
impose
the
just
charges
upon
such
defendant
.
Plaintiff
liberty
to
withdraw
his
Action
.
7.
And
in
all
Actions
brought
to
any
Court
,
the
Plaintiffe
shall
have
liberty
to
withdraw
his
Action
or
to
be
non-suited
,
before
the
Jury
have
given
in
their
verdict
;
in
which
case
,
he
shall
alwayes
pay
full
costs
and
charges
to
the
defendant
,
and
may
afterward
reniew
his
Suit
at
another
Court.
[
1641.
]
8.
And
it
is
Ordered
,
that
no
man
in
any
Suit
or
Action
against
another
,
L
1.
p.
16.49
shall
falsely
pretend
great
Damages
or
Debts
,
to
vex
his
Adversary
;
and
in
all
cases
where
it
appears
to
the
Court
,
Vexatious
Suits
to
pay
treble
damage
and
be
fined
40.
shill.
that
the
Plaintiffe
hath
willingly
and
wittingly
done
wrong
to
the
Defendants
in
commencing
and
prosecuting
any
Action
,
Suit
,
Complaint
or
Inditement
,
in
his
own
name
,
or
in
the
name
of
others
,
he
shall
pay
treble
damages
to
the
party
grieved
,
and
be
fined
Forty
shillings
to
the
common
Treasury
.
[
1641.46
.
]
APPEAL
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
:
That
it
shall
be
in
the
liberty
of
every
man
cast
,
Liberty
to
appeal
condemned
or
Sentenced
in
any
Inferiour
Court
,
to
make
his
Appeal
to
the
Court
of
Assistants
:
as
also
to
appeal
from
the
sentence
of
one
Magistrate
,
or
other
persons
deputed
to
hear
and
determine
small
causes
,
unto
the
shire
Court
of
each
Jurisdiction
,
where
the
cause
was
determined
.
Provided
they
tender
their
Appeal
,
before
Execution
.
and
put
in
security
before
the
Judges
of
the
Court
,
to
prosecute
it
to
effect
,
and
also
to
satisfie
all
damages
,
before
execution
granted
;
which
shall
not
be
till
twelve
hours
after
Judgement
,
except
by
special
order
of
the
Court.
In
criminal
cases
to
be
bound
to
the
good
behaviour
.
And
if
the
cause
be
of
a
criminal
nature
;
then
also
to
put
in
security
for
the
good
behaviour
and
appearance
at
the
same
time
:
and
if
the
point
of
appeal
,
be
in
matter
of
Law
,
then
to
be
determined
by
the
Bench
,
if
in
matter
of
fact
by
the
Bench
and
Jury
.
And
if
in
the
Court
of
Assistants
,
two
of
five
,
three
of
seven
,
Appeals
to
the
General
Court
.
or
such
a
proportion
of
the
Magistrates
then
present
,
shall
actually
dissent
from
the
sentence
of
the
Court
in
any
Capitall
offence
,
it
shall
then
be
in
the
liberty
of
the
party
sentenced
,
to
appeal
to
the
next
General
Court
.
2.
It
is
further
Ordered
;
That
all
Appeals
with
the
security
as
aforesaid
,
shall
be
recorded
at
the
charge
of
the
party
Appealing
,
L.
2.
p.
1.
and
certified
unto
the
Court
,
to
which
they
are
made
.
And
the
party
Appealing
,
shall
briefly
in
writing
(
without
reflecting
on
Court
or
Parties
,
Appealant
to
give
his
reasons
six
dayes
before
.
by
provoking
Language
)
under
his
own
or
his
Atturnies
hand
,
give
in
to
the
Clerk
of
the
Court
from
which
he
did
Appeal
,
the
Grounds
and
Reasons
of
his
Appeal
,
six
dayes
before
the
beginning
of
the
Court
,
A.
51.
p.
1.
to
which
he
did
Appeal
;
to
which
Court
the
said
Clerk
shall
return
the
said
writing
,
and
give
copies
thereof
to
the
Defendant
if
he
desire
the
same
.
Not
prosecuting
an
Appeal
,
forfeit
forty
shill.
And
whosoever
shall
Appeal
from
the
Sentence
of
any
Court
,
and
not
prosecute
the
same
to
effect
,
according
to
Law
,
shall
besides
his
Bond
to
the
party
,
forfeit
to
the
Country
,
the
sum
of
Forty
shillings
for
every
such
neglect
.
3.
And
for
a
more
clear
and
equal
hearing
and
determining
all
Cases
of
Appeal
;
A.
43.
p.
19.
It
is
Ordered
,
That
no
person
that
hath
sate
as
Judge
,
or
voted
in
any
inferiour
Court
,
in
that
case
he
is
Appealed
from
,
shall
have
any
vote
in
the
Superiour
Court
Appealed
to
,
No
Judge
Appealed
from
,
may
judge
the
action
of
Appeal
.
but
the
case
shall
be
determined
by
such
as
are
no
wayes
engaged
in
the
same
,
by
Judging
or
Voting
formerly
:
Provided
there
be
more
Magistrates
Appealed
to
,
then
those
that
sate
in
the
Court
Appealed
from
.
A.
54.
p.
2.
And
in
all
cases
of
Appeal
,
the
Court
Appealed
to
shall
Judge
the
case
,
Errour
may
be
rectified
,
with
reversing
the
former
judgement
.
according
to
former
Evidence
,
and
no
other
,
rectifying
what
is
amiss
therein
;
and
where
the
matter
of
fact
is
found
to
agree
with
the
former
Court
,
and
the
Judgement
according
to
Law
,
not
to
revoke
the
Sentence
or
Judgement
,
but
to
abate
or
increase
damages
,
as
shall
be
judged
right
;
any
use
or
custome
to
the
contrary
notwithstanding
.
[
1642.
47.
49.
50.
53.
54.
]
ON
a
motion
of
the
Deputies
of
Dover
and
Portsmouth
,
in
behalf
of
most
of
the
Freeman
there
;
Appeal
from
the
Associate
Court
in
Dover
and
Portsmouth
tryable
.
That
whereas
they
have
power
in
their
Associate
Courts
to
try
any
Case
under
Twenty
pounds
,
and
finding
no
Law
where
they
may
Appeal
,
but
to
the
Court
of
Assistants
,
the
Actions
being
many
times
very
small
,
and
is
great
charge
to
come
to
Boston
for
every
small
Case
;
it
is
their
desire
,
that
the
Court
would
grant
them
an
Order
,
that
any
person
cost
or
condemned
,
may
Appeal
to
the
County
Court
held
in
Dover
or
Portsmouth
,
and
that
some
persons
may
ha●e
Magistratical
Power
in
that
County
as
formerly
:
The
Court
judgeth
it
meet
to
grant
their
request
;
And
it
is
Ordered
that
henceforth
it
shall
be
in
the
liberty
of
Plaintiffe
and
Defendant
,
in
all
Cases
tryable
,
before
the
Court
of
Associates
in
Portsmouth
and
Dover
,
to
Appeal
to
their
next
County
Court
in
Dover
or
Portsmouth
,
as
in
other
cases
,
any
custome
or
usage
to
the
contrary
notwithstanding
.
[
1670.
]
Appearance
.
Non-appearance
.
Immunity
from
punishment
in
case
of
inevitable
obstruction
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
no
man
shall
be
punished
for
not
appearing
at
or
before
any
Civil
Assembly
,
Court
,
Council
,
Magistrate
or
Officer
,
nor
for
the
omission
of
any
Office
or
Service
;
if
he
shall
be
necessarily
hindred
,
by
any
apparent
Act
or
Providence
of
God
,
which
he
could
neither
foresee
nor
avoid
;
Provided
that
this
Law
shall
not
prejudice
any
person
of
his
just
cost
and
damage
in
civil
action
.
[
1641.
]
APPAREL
.
ALthough
several
Declarations
and
Orders
have
been
made
by
this
Court
,
against
excess
in
Apparel
,
both
of
Men
and
Women
,
A.
51.
p.
5.
which
have
not
taken
that
effect
as
were
to
be
desired
,
but
on
the
contrary
;
we
cannot
but
to
our
grief
take
notice
,
that
intollerable
excess
and
bravery
hath
crept
in
upon
us
,
and
especially
amongst
people
of
mean
condition
,
to
the
dishonour
of
God
,
the
scandall
of
our
profession
,
the
consumption
of
Estates
,
Excess
in
Apparel
pro●ibi●●●●
and
altogether
unsuitable
to
our
poverty
;
and
although
we
acknowledge
it
to
be
a
matter
of
much
difficulty
,
in
regard
of
the
blindness
of
mens
minds
,
and
the
stubborness
of
their
wills
,
to
set
down
exact
Rules
to
confine
all
sorts
of
persons
;
yet
we
cannot
but
account
it
our
duty
,
to
commend
unto
all
sorts
of
persons
,
the
sober
and
moderate
use
of
those
blessings
,
which
beyond
expectation
,
the
Lord
hath
been
pleased
to
afford
unto
us
in
this
wilderness
,
and
also
to
declare
our
utter
detestation
and
dislike
,
that
men
or
women
of
mean
condition
,
should
take
upon
them
the
garb
of
Gentlemen
,
by
wearing
Gold
or
Silver
lace
,
or
Buttons
,
or
Points
at
their
knees
,
or
to
walk
in
great
Boots
;
or
Women
of
the
same
rank
to
wear
Silk
or
Tiffiny
hoods
,
or
Scarfes
,
which
though
allowable
to
persons
of
greater
Estates
,
or
more
liberal
education
,
yet
we
cannot
but
judge
it
intollerable
in
persons
of
such
like
condition
:
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
;
that
no
person
within
this
Jurisdiction
,
nor
any
of
their
relations
depending
upon
them
,
whose
visible
estates
real
and
personal
,
shall
not
exceed
the
true
and
indifferent
value
of
two
hundred
pounds
;
shall
wear
any
Gold
or
Silver
lace
,
or
Gold
and
Silver
Buttons
,
or
any
bone
lace
above
two
shillings
per
yard
,
or
silk
hoods
,
or
scarfs
,
upon
the
penalty
of
ten
shillings
for
every
such
offence
,
and
every
such
delinquent
to
be
presented
by
the
Grand-jury
;
And
forasmuch
as
distinct
and
particular
rules
in
this
case
suitable
to
the
estate
or
quality
of
each
person
cannot
easily
be
given
:
It
is
further
Ordered
by
the
Authority
aforesaid
,
that
the
Select
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
severall
Towns
respectively
,
and
whosoever
they
shall
judge
to
exceed
their
ranks
and
abilities
,
in
the
costliness
or
fashion
of
their
Apparel
in
any
respect
,
especially
in
the
wearing
of
Ribbonds
or
great
Boots
,
(
Leather
being
so
scarce
a
commodity
in
this
Country
)
Lace
,
Points
,
&c.
Silk
Hoods
,
or
Scarfes
,
the
Select
men
aforesaid
shall
have
power
to
assess
such
persons
so
offending
in
any
of
the
particulars
above
mentioned
in
the
Country
Rates
,
at
two
hundred
pounds
estates
,
according
to
that
proportion
that
such
men
use
to
pay
to
whom
such
Apparrel
is
suitable
and
allowed
,
Provided
this
Law
shall
not
extend
to
the
restraint
of
any
Magistrate
or
publick
Officer
of
this
Jurisdiction
,
their
Wives
and
Children
,
who
are
left
to
their
discretion
in
wearing
of
Apparel
,
or
any
setled
Military
Officer
,
or
Souldier
in
the
time
of
Military
service
,
or
any
other
whose
education
and
imployment
have
been
above
the
ordinary
degree
,
or
whose
estate
have
been
considerable
,
though
now
decayed
.
[
1651.
]
As
an
Addition
to
the
Laws
about
Apparel
.
WHereas
excess
in
Apparel
amongst
us
,
unbecoming
a
Wilderness-condition
,
and
the
profession
of
the
Gospel
,
whereby
the
Rising
Generation
are
in
danger
to
be
Corrupted
and
Effeminated
;
which
practises
are
witnessed
against
by
the
Laws
of
God
,
and
sundry
Civil
and
Christian
Nations
:
It
is
therefore
Ordered
and
Enacted
by
this
Court
,
and
the
Authority
thereof
,
Addition
to
the
Law
for
Apparel
That
all
persons
within
this
Jurisdiction
,
whether
the
Children
,
or
Servants
that
are
under
government
in
Families
,
that
shall
wear
any
Apparel
exceeding
the
quality
and
condition
of
their
Persons
or
Estate
,
or
that
is
apparently
contrary
to
the
ends
of
Apparel
;
and
either
of
these
to
be
so
judged
by
the
Grand-jury
and
County
Court
of
that
Shire
where
such
complaint
or
presentment
is
made
:
All
such
persons
being
Convicted
,
shall
for
the
first
offence
be
Admonished
;
for
the
second
offence
pay
a
fine
of
twenty
shillings
;
for
the
third
offence
,
forty
shillings
,
and
so
following
,
as
the
offences
are
multiplied
,
to
pay
forty
shillings
a
time
to
the
Treasury
of
that
County
.
Also
if
any
Taylor
shall
make
or
fashion
any
Garment
for
such
Children
or
Servants
under
government
as
aforesaid
,
contrary
to
the
mind
and
order
of
their
Parents
or
Governours
;
every
such
Taylor
shall
for
the
first
offence
be
Admonished
;
and
for
the
second
offence
,
forfeit
double
the
value
of
such
Apparel
or
Garment
as
he
shall
fashion
or
make
,
contrary
to
the
minde
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
Present
all
those
whom
they
do
judge
breakers
of
this
Order
.
[
1662
]
ARRESTS
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
no
mans
person
shall
be
Arrested
or
Imprisoned
for
any
Debt
or
Fine
,
None
to
be
kept
in
prison
for
debt
that
have
not
to
satisfie
.
if
the
Law
can
finde
any
competent
means
of
satisfaction
,
otherwayes
from
his
estate
,
(
except
in
special
Contracts
,
as
in
the
Law
of
Payments
)
And
if
not
,
his
person
may
be
Arrested
and
Imprisoned
,
where
he
shall
be
kept
at
his
own
charge
,
not
the
Plaintiffs
,
till
satisfaction
be
made
,
unless
the
Court
that
had
cognizance
of
the
cause
,
or
some
superiour
Court
shall
otherwise
determine
;
provided
nevertheless
,
that
no
mans
person
shall
be
kept
in
prison
for
debt
,
but
when
there
is
an
appearance
of
some
estate
which
he
will
not
produce
,
to
which
end
,
any
Court
or
Commissioners
Authorized
by
the
General
Court
may
Administer
an
Oath
to
the
party
,
or
any
other
suspected
to
be
privy
in
concealing
his
estate
,
but
shall
satisfie
by
service
if
the
Creditor
require
it
;
but
shall
not
be
sold
to
any
but
of
the
English
Nation
.
[
1641.
47.
]
It
is
Ordered
,
That
when
any
persons
are
Committed
to
Prison
in
any
Civil
Action
,
The
Keepers
discharge
of
Prisoners
in
Case
.
the
Keepers
of
the
Prison
shall
not
stand
charged
with
their
supply
of
Victuals
,
or
other
Necessaries
.
And
in
case
the
Prisoner
hath
no
Estate
,
and
will
be
deposed
before
any
Magistrate
,
that
he
is
not
worth
five
pounds
,
the
Plaintiff
shall
provide
for
his
relief
,
or
otherwise
the
Keeper
shall
not
stand
charged
with
him
:
and
all
such
charges
the
Plaintiff
shall
have
power
to
levy
with
the
Execution
,
before
the
party
be
delivered
from
Prison
.
COmplaint
being
made
to
this
Court
,
of
abuse
offered
to
Justice
,
through
liberty
granted
,
by
the
Keepers
of
the
Prisons
,
to
such
persons
as
stand
Committed
for
payment
of
fines
,
and
on
Execution
granted
in
Civil
Cases
:
This
Court
do
Order
;
That
no
person
or
persons
Committed
as
abovesaid
,
shall
be
permitted
by
the
Keeper
of
the
Prison
,
Keepers
of
prisoners
danger
.
to
go
at
liberty
without
the
precincts
of
the
Prison
,
but
by
the
License
of
the
Court
that
Committed
him
,
or
of
the
Creditor
for
whom
Execution
is
granted
;
on
penalty
of
paying
the
fine
imposed
,
and
satisfaction
of
the
Execution
in
any
Civil
Case
.
[
1662
]
IT
is
Ordered
,
that
the
Keeper
of
the
Prison
for
the
time
being
,
shall
henceforth
have
the
same
liberty
that
the
Marshall
hath
in
all
Civil
Cases
;
Keepers
liberty
to
take
Baile
.
to
take
sufficient
Bayle
after
Commitment
,
as
the
Marshall
might
before
Commitment
.
[
1662.
]
Attachments
.
Summons
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
;
L.
2.
p.
12.
That
it
shall
be
the
liberty
of
every
Plaintiff
,
to
take
out
either
Summons
or
Attachments
against
any
Defendant
;
Plaintiffs
liberty
to
take
Summons
or
Attachments
.
Provided
no
Attachment
shall
be
granted
in
any
Civil
Action
,
to
any
Forreigner
,
against
a
setled
Inhabitant
in
this
Jurisdiction
,
before
he
hath
given
sufficient
security
or
caution
,
to
prosecute
his
Action
,
and
to
answer
the
Defendant
such
costs
,
as
the
Court
shall
award
him
.
Forreign
Plaintiffs
to
put
in
security
.
1.
And
it
is
further
Ordered
that
in
all
Attachments
of
Goods
and
Chattels
,
or
of
Lands
and
Hereditaments
,
legal
notice
shall
be
given
to
the
party
,
or
left
in
writing
at
his
house
or
place
of
usual
abode
,
otherwise
the
suit
shall
not
proceed
;
notwithstanding
,
if
he
be
out
of
this
Jurisdiction
,
the
cause
shall
then
proceed
to
tryal
,
Execution
respited
.
but
Judgement
shall
not
be
entred
before
the
next
Court
,
and
if
the
Defendant
do
not
then
appear
,
Judgement
shall
be
entred
,
but
Execution
shall
not
be
granted
before
the
Plaintiff
hath
given
security
to
be
responsal
to
the
Defendant
,
if
he
shall
reverse
the
Judgement
within
one
year
,
or
such
further
time
as
the
Court
shall
limit
.
2.
And
it
is
hereby
Declared
,
that
no
Summons
,
Pleading
,
Judgement
,
L.
1.
p.
49.
or
any
kinde
of
proceeding
in
Courts
or
course
of
justice
,
shall
be
abated
,
arrested
or
reversed
upon
any
kinde
of
circumstantial
errours
or
mistakes
,
Circumstantiall
errours
.
if
the
person
and
cause
be
rightly
understood
and
intended
by
the
Court.
And
in
all
Cases
where
the
first
Summons
are
not
served
six
dayes
inclusively
before
the
Court
,
and
the
Case
briefly
specified
in
the
Warrant
,
Summons
to
be
served
six
d●yo●
before
the
Court
where
appearance
is
to
be
made
by
the
party
Summoned
,
it
shall
be
at
his
liberty
whether
he
will
appear
or
not
,
except
all
cases
that
are
to
be
handled
in
Court
suddenly
,
called
on
extraordinary
occasion
.
3.
And
whereas
Suits
at
Law
,
A.
51.
p.
1
In
whose
name
to
take
out
precess
.
many
times
such
as
do
prosecute
the
same
in
their
own
name
,
in
procuring
the
process
;
intend
and
do
declare
in
the
name
,
and
on
the
behalf
of
others
,
viz.
as
Executors
,
Administrators
,
Assignes
,
Atturnies
,
Guardians
,
Agents
or
the
like
,
which
is
not
only
improper
,
but
tendeth
also
to
uncertainty
;
for
prevention
whereof
:
It
is
Ordered
,
That
henceforth
the
Original
process
,
whether
Summons
or
Attachments
shall
express
in
whose
name
the
Plaintiff
sueth
,
whether
in
his
own
name
,
or
as
Executor
of
the
last
Will
and
Testament
of
such
a
man
,
or
Administrator
of
the
Goods
and
Chattels
of
such
a
man
,
or
Assigne
,
Atturney
,
Guardian
or
Agent
of
such
a
man
,
or
the
like
,
or
otherwayes
,
if
exception
be
taken
before
the
parties
joyn
issue
,
it
shall
be
good
,
and
the
Plaintiff
shall
be
liable
to
pay
cost
.
[
1641.
44.
47.
51.
]
Marshalls
may
serve
Attachments
.
WHereas
it
hath
been
commonly
practised
,
that
Attachments
have
been
directed
to
the
Marshall
to
be
served
in
any
Town
under
the
Jurisdiction
of
that
Court
whereof
the
Marshall
is
Officer
,
notwithstanding
the
Law
doth
Order
,
that
all
Attachments
shall
be
directed
to
the
Constable
in
such
Towns
where
no
Marshall
dwells
:
Marshalls
may
serve
Attachments
.
It
is
hereby
Ordered
and
Declared
,
That
the
said
Custome
shall
be
accounted
legal
,
and
shall
not
abate
the
Proceeding
or
Tryal
of
any
Cause
.
Provided
no
more
Costs
be
charged
on
the
Defendant
,
then
by
Law
are
due
to
Constables
for
serving
Attachments
.
[
1662
]
BAKERS
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
;
That
henceforth
every
Baker
shall
have
a
distinct
mark
for
his
Bread
,
and
keep
the
true
Assizes
,
as
hereafter
is
expressed
,
viz.
when
Wheat
is
ordinarily
sold
for
money
at
these
several
Rates
hereafter
mentioned
,
the
penny
white
loaf
by
averdupois
weight
,
when
Wheat
is
by
the
bushel
—
at
3
s.
|
0
d.
|
the
white
11
ounces
|
1
qr.
|
wheat
17
ounces
|
1
qr.
|
houshold
23
ounc
.
|
0.
|
at
3
|
6
|
10
|
1
|
15
|
1
|
20
|
2.
|
Weight
of
Bread
at
4
|
0
|
09
|
1
|
14
|
0
|
18
|
2.
|
at
4
|
6
|
08
|
1
|
11
|
3
|
16
|
2.
|
at
5
|
0
|
07
|
3
|
11
|
2
|
15
|
2.
|
at
5
|
6
|
07
|
0
|
10
|
2
|
14
|
0.
|
at
6
|
0
|
06
|
2
|
10
|
0
|
13
|
0.
|
at
6
|
6
|
06
|
0
|
09
|
2
|
12
|
2.
|
And
so
proportionably
,
under
the
penalty
of
forfeiting
all
such
Bread
as
shall
not
be
of
the
several
Assizes
aforementioned
,
to
the
use
of
the
poor
of
the
Town
where
the
offence
is
committed
,
and
otherwise
as
is
hereafter
expressed
,
and
for
the
better
execution
of
this
present
Order
;
there
shall
be
in
every
Market
Town
,
Clerk
of
the
Market
and
all
other
Towns
needfull
one
or
two
able
persons
annually
chosen
by
each
Town
,
who
shall
be
sworn
at
the
next
County
Court
,
or
by
the
next
Magistrate
,
unto
the
faithful
discharge
of
his
or
their
Office
:
who
are
hereby
Authorized
to
enter
into
all
houses
,
either
with
a
Constable
or
without
,
Their
power
.
where
they
shall
suspect
or
be
informed
of
any
Bread
baked
for
sale
,
and
also
to
weigh
the
said
Bread
as
oft
as
they
see
cause
,
and
seize
all
such
as
they
finde
defective
.
As
also
to
weigh
all
Butter
made
up
for
sale
,
and
brought
unto
,
or
being
in
the
Town
or
Market
to
be
sold
by
weight
,
which
if
found
light
after
notice
once
given
,
sh●ll
be
forfeited
in
like
manner
.
The
like
penalty
shall
be
for
not
marking
all
Bread
made
for
sale
:
A.
52.
p.
8.
And
the
said
Officer
shall
have
one
third
part
of
all
forfeitures
for
his
pains
,
the
rest
to
the
poor
as
aforesaid
.
[
1646.
]
2.
Whereas
it
appears
to
this
Court
,
that
there
is
much
deceit
used
by
some
Bakers
and
others
,
who
when
the
Clerk
of
the
Market
cometh
to
weigh
their
Bread
,
pretend
they
have
none
,
but
for
their
own
use
,
and
yet
afterward
put
their
Bread
to
sale
,
which
upon
tryal
hath
been
found
too
light
;
for
prevention
of
such
abuses
for
time
to
come
:
It
is
Ordered
,
that
all
persons
within
this
Jurisdiction
,
who
shall
usually
sell
Bread
within
doors
or
without
,
shall
at
all
times
hereafter
,
To
prevent
deceit
in
Bakers
.
have
all
their
Bread
that
they
either
put
to
sale
or
spend
in
their
families
,
made
of
the
due
Assizes
,
marked
and
yielded
to
tryal
of
the
said
Clerk
as
is
directed
in
the
Order
aforesaid
,
under
the
penalty
therein
exprest
.
[
1652.
]
BALLAST
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
no
Ballast
shall
be
taken
from
any
Town
shore
,
by
any
person
whatsoever
,
Ballast
not
to
be
taken
without
leave
.
without
allowance
under
the
hands
of
the
Select
men
,
upon
the
penalty
of
six
pence
,
for
every
shovel
full
so
taken
,
unless
such
stones
as
they
had
laid
there
before
.
It
is
also
Ordered
,
That
no
Ship
nor
other
Vessel
,
shall
cast
out
any
Ballast
in
the
Channel
or
other
place
inconvenient
in
any
Harbour
within
this
Jurisdiction
,
upon
the
penalty
of
ten
pounds
.
nor
cast
into
the
Channel
.
[
1646.
]
BARRATRY
.
IT
is
Ordered
and
Decreed
,
and
by
this
Court
Declared
;
That
if
any
man
be
proved
and
judged
a
common
Barrater
,
vexing
others
with
unjust
,
Barratry
.
frequent
and
endless
suits
,
it
shall
be
in
the
power
of
the
Court
,
both
to
reject
his
Cause
,
and
to
punish
him
for
his
Barratry
.
[
1641.
]
BENEVOLENCE
.
IT
is
Ordered
,
That
this
Court
hereafter
will
grant
no
Benevolence
,
except
in
forreign
occasions
,
and
when
there
is
Money
in
the
Treasury
sufficient
,
and
our
debts
first
satisfied
.
[
1641.
]
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
that
all
Gifts
and
Legacies
given
and
bequeathed
to
the
Colledge
,
Gifts
and
Legacies
to
be
faithfully
disposed
of
Schools
of
Learning
or
any
other
Publick
use
;
shall
be
truely
and
faithfully
disposed
of
according
to
the
true
and
declared
intent
of
the
Donors
.
And
all
and
every
Person
or
Persons
betrusted
to
receive
or
improve
any
such
Guifts
or
Legacies
,
shall
be
liable
from
time
to
time
to
give
account
of
their
disposal
and
management
thereof
to
the
County
Court
of
that
Shire
where
they
dwell
,
and
where
such
Estate
shall
lye
,
who
are
hereby
impowred
to
require
the
same
where
need
shall
be
,
and
to
appoint
Feoffes
of
trust
,
to
settle
and
manage
the
same
according
to
the
will
of
the
Donors
.
BILLS
.
IT
is
Ordered
by
the
Authority
of
this
Court
;
That
any
debt
,
or
debts
due
upon
bill
or
other
specialty
assigned
to
another
,
Bills
Assigned
good
debt
to
the
Assignee
.
shall
be
as
good
a
debt
and
estate
to
the
Assignee
,
as
it
was
to
the
Assigner
,
at
the
time
of
its
assignation
;
And
that
it
shall
be
lawfull
for
the
said
Assignee
,
to
sue
for
,
and
recover
the
said
debt
due
upon
bill
,
and
so
assigned
,
as
fully
as
the
originall
Creditor
might
have
done
;
Provided
the
said
Assignement
be
made
upon
the
back-side
of
the
bill
or
specialty
.
[
1647.
]
BOND-SLAVERY
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
there
shall
never
be
any
Bondslavery
,
No
Bond-slavery
Villenage
or
Captivity
amongst
us
,
unless
it
be
lawful
Captives
taken
in
just
Wars
,
as
willingly
sell
themselves
or
are
sold
to
us
,
and
such
shall
have
the
liberties
and
Christian
usage
which
the
Law
of
God
established
in
Israel
concerning
such
persons
doth
morally
require
,
Provided
this
exempts
none
from
servitude
,
who
shall
be
judged
thereto
by
Authority
.
[
1641.
]
Bounds
of
Towns
and
Persons
.
FOrasmuch
as
the
Bounds
of
Towns
,
and
of
the
Lands
of
particular
persons
,
are
carefully
to
be
maintained
,
and
not
without
great
danger
to
be
removed
by
any
,
which
notwithstanding
by
deficiency
and
decay
of
marks
,
may
at
unawares
be
done
,
whereby
great
jealousies
of
persons
,
trouble
in
Towns
,
and
incumbrances
in
Courts
do
often
arise
,
which
by
due
care
and
means
might
be
prevented
:
Town
Bounds
to
be
laid
out
once
in
one
year
.
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
that
every
Town
shall
set
out
their
Bounds
,
within
twelve
months
after
their
Bounds
are
granted
:
and
that
when
their
Bounds
are
once
set
out
,
once
in
three
years
,
three
or
more
persons
of
a
Town
,
appointed
by
the
Select
men
,
To
be
surveyed
within
3
year
.
shall
appoint
with
the
adjacent
Towns
,
to
go
the
Bounds
betwixt
their
said
Townes
and
renew
their
marks
;
which
marks
shall
be
a
great
heap
of
stones
,
or
a
Trench
of
six
foot
long
and
two
foot
broad
,
the
most
ancient
Town
to
give
notice
of
the
time
and
place
of
meeting
for
this
perambulation
;
which
time
shall
be
in
the
first
or
second
month
,
upon
pain
of
five
pounds
for
every
Town
that
shall
neglect
the
same
;
Provided
that
the
three
men
appointed
for
perambulation
shall
go
in
their
several
quarters
,
by
order
of
the
Select
men
,
and
at
the
charge
of
the
several
Towns
.
Particular
persons
bounds
to
be
surveyed
once
a
year
.
2.
And
it
is
further
Ordered
,
that
if
any
particular
proprietor
of
Lands
lying
in
common
with
others
,
shall
refuse
to
go
the
Bounds
betwixt
his
Land
and
other
mens
once
a
Year
in
the
first
or
second
month
,
being
requested
thereunto
upon
one
weeks
warning
,
he
shall
forfeit
for
every
day
so
neglecting
,
ten
shillings
,
half
to
the
party
moving
thereto
,
the
other
half
to
the
Town
.
[
1651.
]
BREWERS
.
TO
the
end
no
other
but
good
and
wholsome
Beer
be
Brewed
at
any
time
in
this
Jurisdiction
,
to
be
sold
for
the
supply
of
Ship
or
other
Vessels
at
Sea
;
and
that
no
oppression
or
wrong
be
done
to
any
in
this
Mystery
:
It
is
Ordered
by
this
Court
and
the
Authority
thereof
:
That
no
person
whatsoever
,
shall
henceforth
undertake
the
calling
or
work
of
Brewing
Beer
for
sale
,
but
only
such
as
are
known
to
have
sufficient
skill
and
knowledge
in
the
Art
or
Mystery
of
a
Brewer
.
Brewers
to
ma●●
satisfaction
for
bad
Beer
.
And
it
is
further
Ordered
,
that
if
any
undertaker
for
victualling
of
Ships
or
other
Vessels
,
or
Master
or
owner
of
any
such
Vessel
,
or
any
other
person
,
shall
make
it
appear
,
that
any
Beer
bought
of
any
person
within
this
Jurisdiction
,
doth
prove
unfit
,
unwholsome
and
unseless
for
their
supply
,
either
through
the
insufficiency
of
the
Mault
,
or
Brewing
,
or
unwholsome
Cask
;
the
person
wronged
thereby
shall
be
,
and
is
hereby
enabled
,
to
recover
equal
and
sufficient
damage
,
by
Action
against
the
person
that
put
that
Beer
to
Sale
.
Breach
of
the
Peace
.
FOr
the
better
preserving
of
Peace
,
and
every
mans
Liberty
and
Safety
in
this
Jurisdiction
,
Breach
of
Pe●●●
and
to
the
end
that
all
Fighting
and
Quarrelling
and
Disturbance
may
be
avoided
:
It
is
by
this
Court
Ordered
,
and
by
the
Authority
thereof
Enacted
,
that
no
person
shall
beat
,
hurt
or
strike
any
other
person
,
upon
penalty
of
paying
to
the
party
stricken
,
by
fine
to
the
County
where
the
Offence
is
committed
,
or
both
,
such
sum
or
sums
as
the
County
Court
,
Magistrate
,
Commissioner
or
Associate
,
that
take
cognizance
thereof
shall
determine
:
and
because
in
this
case
several
circumstances
may
alter
the
degree
of
the
offence
,
as
who
do
smite
,
who
is
smitten
,
with
what
Instrument
,
the
danger
of
the
wound
,
more
or
less
,
time
,
place
and
provocation
,
and
other
the
like
,
it
is
left
to
the
discretion
of
the
Judges
aforesaid
,
upon
hearing
and
consideration
,
to
impose
such
penalty
or
penalties
,
as
in
their
discretion
shall
seem
just
,
equal
and
proportionable
to
the
merit
of
the
offence
.
Judgement
for
Title
of
House
or
Land
.
Judgement
for
Title
of
House
or
Land
.
IT
is
Declared
and
Ordered
by
this
Court
and
the
Authority
thereof
,
That
where
a
Judgement
is
given
in
any
Court
for
any
person
of
House
or
Land
,
upon
the
trial
of
the
Title
thereof
;
if
the
person
against
whom
the
Judgement
is
given
,
doth
either
forcibly
keep
possession
thereof
still
after
execution
served
,
or
enter
upon
it
again
,
and
so
retain
possession
by
force
,
he
shall
be
counted
a
high
offender
against
the
Law
,
and
breaker
of
the
publick
peace
;
therefore
speedily
to
redress
such
a
criminal
offence
,
every
Magistrate
is
impowred
,
and
by
his
place
hath
power
to
give
warrant
and
command
to
the
Marshall
,
Officers
and
other
men
whom
he
thinks
meet
to
be
imployed
in
the
business
(
the
Marshall
also
requiring
aid
,
greater
or
lesser
,
as
need
requires
)
and
suppress
the
force
,
and
give
possession
to
the
owner
,
and
to
imprison
such
as
do
appear
to
be
Delinquents
;
and
their
aiders
and
abettors
,
to
be
forth
coming
at
the
next
Court
that
did
give
the
Judgement
in
the
case
,
there
to
make
their
Answer
:
and
whom
the
Court
doth
finde
guilty
,
to
set
such
fine
or
other
punishment
upon
them
as
the
merit
of
their
several
cases
doth
require
.
BRIDGES
.
THis
Court
considering
that
Bridges
in
Country
High-wayes
are
for
the
benefit
of
the
Country
in
general
,
and
that
it
may
be
unequal
to
lay
the
charge
thereof
on
particular
Towns
:
Bridges
to
be
made
&
repaired
by
the
County
.
Doth
Order
,
that
from
time
to
time
,
upon
information
or
complaint
to
each
County
Court
,
of
the
necessity
or
defect
of
any
Bridge
or
Bridges
as
aforesaid
;
the
Court
shall
appoint
a
Committee
to
view
and
determine
the
same
,
and
the
charges
shall
be
proportioned
by
the
Magistrates
in
each
County
Court
,
to
be
levied
upon
the
Several
Towns
in
each
County
according
to
the
direction
of
the
Law
for
Country
Rates
.
2.
The
Court
considering
the
great
danger
that
Persons
,
Horses
,
Teams
,
are
exposed
to
,
L.
2.
p.
3.
by
reason
of
defective
Bridges
,
and
Country
High-wayes
in
this
Jurisdiction
:
Doth
Order
and
Declare
,
That
if
any
person
at
any
time
,
lose
his
life
,
in
passing
any
such
Bridge
or
High-way
,
after
due
warning
given
unto
any
of
the
Select
men
of
the
Town
in
which
such
defect
is
,
in
writing
under
the
hand
of
two
witnesses
,
or
upon
presentment
to
the
Shire
Court
,
of
such
defective
Wayes
or
Bridges
,
that
then
the
County
or
Town
which
ought
to
secure
such
Wayes
or
Bridges
,
Penalty
for
damage
received
by
the
insufficiency
of
Bridges
.
shall
pay
a
fine
of
one
hundred
pounds
to
the
Parents
,
Husband
,
Wife
or
Children
,
or
next
of
Kin
to
the
party
deceased
.
And
if
any
person
lose
a
Limb
,
break
a
Bone
,
or
receive
any
other
bruise
or
breach
in
any
part
of
his
Body
,
through
such
defect
as
aforesaid
;
the
County
or
Town
,
through
whose
neglect
such
hurt
is
done
,
shall
pay
to
the
party
so
hurt
,
double
damages
,
the
like
satisfaction
shall
be
made
for
any
Team
,
Cart
or
Cartage
,
Horse
,
other
Beast
or
Loading
,
proportionable
to
the
damage
sustained
as
aforesaid
.
3.
And
for
the
prevention
of
danger
,
A.
58.
which
may
come
by
the
insufficiency
of
Bridges
and
Passages
which
lye
upon
Town
High-wayes
,
the
care
whereof
doth
belong
either
to
the
Town
or
particular
Persons
to
repair
,
who
many
times
cannot
procure
Workmen
to
do
the
same
:
Power
to
press
workmen
to
repair
Bridges
.
It
is
therefore
Ordered
by
this
Court
,
That
upon
the
complaint
of
any
such
Town
or
Person
,
to
any
one
Magistrate
,
he
shall
hereby
be
impowred
to
issue
out
Warrants
to
the
Constable
,
to
impress
such
Workmen
in
their
Town-ship
,
as
shall
be
needful
to
secure
and
repair
the
same
,
who
shall
be
paid
for
their
work
,
either
by
the
Town
or
Persons
,
to
whom
such
Bridges
or
Passages
do
belong
.
[
1648.
51.
59.
]
Burglary
and
Theft
.
Robbing
in
house
,
high-wayes
penalty
.
FOrasmuch
as
many
Persons
of
late
years
,
have
been
and
are
apt
to
be
injurious
to
the
Goods
and
Lives
of
others
,
notwithstanding
all
care
and
means
to
prevent
and
punish
the
same
:
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
That
if
any
Person
shall
commit
Burglary
,
by
breaking
up
any
dwelling
house
,
or
rob
any
person
in
the
field
or
high-wayes
,
such
person
so
offending
,
shall
for
the
first
offence
,
be
branded
on
the
forehead
with
the
letter
(
B
)
and
if
he
shall
offend
in
the
same
kinde
the
second
time
,
he
shall
be
branded
as
before
,
and
also
be
severely
whipped
;
and
if
he
shall
fall
into
the
like
offence
the
third
time
,
he
shall
be
put
to
death
,
as
being
incorrigible
.
On
the
Lords
day
.
And
if
any
person
shall
commit
such
Burglary
,
or
rob
in
the
fields
or
houses
on
the
Lords
day
,
besides
the
former
punishment
of
Branding
,
he
shall
for
the
first
offence
have
one
of
his
ears
cut
off
;
and
for
the
second
offence
in
the
same
kinde
,
he
shall
lose
his
other
ear
in
the
same
manner
;
and
for
the
third
offence
he
shall
be
put
to
death
.
[
1642.
47.
]
Rob
Orchard
or
Garden
or
steal
goods
.
2.
For
the
prevention
of
Pilfering
and
Theft
:
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
if
any
person
be
taken
or
known
to
rob
any
Orchard
or
Garden
;
that
shall
hurt
or
steal
away
any
Grafts
or
fruit
Trees
,
Fruits
,
Linnen
,
Woollen
or
any
other
goods
left
out
in
Orchards
,
Gardens
,
Back-sides
,
or
in
any
other
place
in
house
or
fields
,
or
shall
steal
any
wood
or
other
goods
from
the
waterside
,
pay
treble
damage
,
from
mens
doors
or
yards
;
he
shall
forfeit
treble
damage
to
the
owners
thereof
.
or
be
whipt
.
And
if
they
be
children
,
or
servants
,
that
shall
trespass
herein
,
if
their
parents
or
masters
will
not
pay
the
penalty
before
exprest
,
they
shall
be
openly
whipped
.
And
forasmuch
as
many
times
it
so
falls
out
that
small
thefts
and
other
offences
of
a
criminall
nature
are
committed
both
by
English
and
Indians
in
towns
remote
from
any
prison
or
other
fit
place
to
which
such
malefactors
may
be
committed
untill
the
next
Court.
One
Magistrate
may
determine
such
easès
.
It
is
therefore
ordered
that
any
magistrate
,
upon
Complaint
made
to
him
may
hear
,
and
upon
due
proof
determine
,
any
such
small
offences
of
the
aforesaid
nature
according
to
the
Laws
here
established
,
and
give
warrant
to
the
Constable
of
that
Town
where
the
offender
lives
to
levy
the
same
;
Provided
the
damage
or
fine
exceed
not
forty
shillings
;
Provided
also
it
shall
be
lawfull
for
either
party
to
Appeal
to
the
next
Court
to
be
holden
in
that
Jurisdiction
,
giving
sufficient
caution
to
prosecute
the
same
to
effect
,
at
the
said
Court.
And
every
Magistrate
shall
make
a
return
yearly
to
the
County
Court
where
he
liveth
,
of
what
cases
he
hath
so
ended
.
Magistrate
and
Constables
to
return
to
the
County
Court
.
And
also
the
Constables
of
all
such
fines
as
they
have
received
.
And
where
the
offender
hath
nothing
to
satisfie
,
such
Magistrate
may
punish
by
stocks
or
whipping
,
as
the
cause
shall
deserve
,
not
exceeding
ten
stripes
;
It
is
also
Ordered
,
Servants
and
Workmen
.
that
all
Servants
and
Workmen
imbezling
the
goods
of
their
Masters
or
such
as
set
them
on
work
,
shall
make
restitution
,
and
be
lyable
to
all
Laws
and
penalties
as
other
mèn
.
[
1646.
]
3.
It
is
further
Ordered
by
this
Court
;
A.
52.
p.
10.
That
what
person
soever
shall
steal
from
any
person
,
any
Coyn
,
Goods
or
Chattels
,
to
the
value
of
ten
shillings
or
upward
,
shall
be
whipt
,
or
pay
such
a
sum
or
sums
of
money
as
the
Court
or
Magistrate
,
Stealing
above
ten
shillings
.
that
hath
proper
cognizance
thereof
shall
adjudge
to
be
sufficient
to
satisfie
all
costs
and
charges
of
the
Court
and
Country
in
prosecuting
and
trying
the
said
offender
,
to
the
use
of
the
common
Treasury
;
and
for
smaller
thefts
,
Constable
to
make
search
for
goods
stolen
.
it
is
left
to
the
discretion
of
the
Judge
or
Judges
that
shall
have
cognizance
of
the
crime
,
to
appoint
smaller
mulcts
or
punishments
,
or
only
legal
Admonitions
as
they
shall
finde
cause
.
And
further
it
is
declared
and
Ordered
,
That
when
any
Goods
are
stolen
from
any
person
,
the
Constable
of
the
Town
,
by
warrant
from
Authority
,
shall
search
for
the
same
,
in
any
suspected
places
or
houses
,
and
upon
search
or
otherwise
,
if
he
shall
finde
the
same
or
any
part
thereof
,
or
any
ground
of
suspition
appearing
to
the
Officer
,
Concealing
of
theft
and
receiving
satisfaction
privately
.
he
shall
bring
the
Delinquent
or
suspected
party
to
a
Magistrate
to
be
proceeded
with
according
to
the
Law
.
And
if
any
person
having
goods
stolen
from
him
,
shall
privately
receive
his
said
stolen
goods
(
except
the
fact
be
private
,
penalty
.
or
committed
by
some
member
of
his
own
family
)
and
so
smother
the
theft
,
and
shall
not
legally
prosecute
the
Offender
,
he
shall
forfeit
to
the
common
Treasury
the
Goods
or
Chattels
so
received
or
the
true
value
thereof
.
[
1652.
]
CAPITAL
LAWS
.
IF
any
man
after
Legal
Conviction
shall
HAVE
or
WORSHIP
any
other
God
but
the
LORD
GOD
,
Idolatry
.
he
shall
be
put
to
death
,
Exod.
22.20
.
Deut
13.6
,
10.
Deut
17.2
,
6.
2.
If
any
Man
or
Woman
be
a
WITCH
,
Witch-craft
.
that
is
,
Hath
or
Consulteth
with
a
familiar
Spirit
they
shall
be
put
to
death
,
Exod.
22.18
.
Levit.
20.27
.
Deut.
18.10
,
11.
3.
If
any
Person
within
this
Jurisdiction
,
Blasphemy
.
whether
Christian
or
Pagan
,
shall
wittingly
and
willingly
presume
to
BLASPHEME
the
holy
name
of
God
,
FATHER
,
SON
,
or
HOLY-GHOST
,
with
direct
,
expresse
,
presumptuous
,
or
high-handed
Blaspemy
,
either
by
wilfull
or
obstinate
denying
the
true
God
,
or
his
Creation
,
or
Government
of
the
World
,
or
shall
curse
God
in
like
manner
,
or
reproach
the
holy
Religion
of
God
,
as
if
it
were
but
a
politick
devise
;
to
keep
ignorant
men
in
awe
;
or
shall
utter
any
other
kind
of
Blasphemy
of
the
like
nature
and
degree
,
they
shall
be
put
to
death
,
Levit.
24.15
,
16
,
4.
If
any
person
shall
commit
any
wilfull
MURTHER
upon
premediate
malice
,
Murther
.
hatred
or
cruelty
,
not
in
a
mans
necessary
and
just
defence
,
nor
by
meer
casualty
against
his
will
,
he
shall
be
put
to
death
,
Exod.
21.12
,
13.
Numb.
35.31
.
5.
If
any
person
slayeth
another
suddenly
,
in
his
ANGER
or
CRUELTY
of
passion
,
he
shall
be
put
to
death
,
Levit.
24.17
.
Numb.
35.20
,
21.
6.
If
any
person
shall
slay
another
through
guile
,
Poysoning
.
either
by
POYSONING
or
other
such
Devilish
practise
,
he
shall
be
put
to
death
,
Exod.
21.14
.
7.
If
any
Man
or
Woman
shall
LYE
with
any
BEAST
or
Bruit
Creature
,
Bestiality
.
by
carnal
Copulation
,
they
shall
surely
be
put
to
death
,
and
the
Beast
shall
be
slain
and
buried
,
and
not
eaten
,
Levit.
20.15
,
16.
8.
If
any
Man
LYETH
with
MAN-KINDE
as
he
lyeth
with
a
Woman
,
Sodomy
.
both
of
them
have
committed
Abomination
,
they
both
shall
surely
be
put
to
death
,
unless
the
one
party
were
forced
,
or
be
under
fourteen
years
of
age
,
in
which
case
he
shall
be
severely
punished
,
Levit.
20.13
.
9.
If
any
Person
COMMIT
ADULTERY
with
a
Married
or
Espoused
Wife
,
Adultery
.
the
Adulterer
and
the
Adulteress
shall
surely
be
put
to
death
,
Levit.
20.19
.
&
18.20
.
Deut.
22.23
,
27.
10.
If
any
man
STEALETH
A
MAN
or
Man-kinde
,
Man-stealing
.
he
shall
surely
be
put
to
death
,
Exod.
21.16
.
False
witnes
11.
If
any
Man
rise
up
by
FALSE-WITNESSE
wittingly
,
and
of
purpose
to
take
away
a
mans
Life
,
he
shall
be
put
to
death
,
Deut
,
19.16
.
&
18.16
.
12.
If
any
Man
CONSPIRE
and
ATTEMPT
any
INVASION
,
Conspiracy
.
INSURRECTION
or
publick
REBELLION
against
our
Common-wealth
:
or
shall
endeavour
to
surprize
any
Town
or
Towns
,
Rebellion
.
Fort
or
Forts
therein
;
or
shall
Treacherously
and
perfideously
attempt
the
Alteration
and
Subversion
of
our
frame
of
Polity
or
Government
fundamentally
,
he
shall
be
put
to
death
,
Numb.
16.
2
Sam.
3.
2.
Sam.
18.
2
Sam.
20.
Children
curse
or
smite
Parents
.
13.
If
any
Childe
or
Children
above
sixteen
years
old
,
and
of
sufficient
understanding
,
shall
CURSE
or
SMITE
their
natural
FATHER
or
MOTHER
,
he
or
they
shall
be
put
to
death
,
unless
it
can
be
sufficiently
testified
,
that
the
Parents
have
been
very
unchristianly
negligent
in
the
education
of
such
Children
,
or
so
provoked
them
by
extreme
and
cruel
Correction
,
that
they
have
been
forced
thereunto
to
preserve
themselves
from
Death
or
Maiming
,
Exod.
21.17
.
Levit.
20.9
.
Exod.
21.15
.
Rebellious
Son
.
18.
If
a
Man
have
a
STUBBORN
or
REBELLIOUS
SON
of
sufficient
years
of
understanding
(
viz.
)
sixteen
years
of
age
,
which
will
not
obey
the
voice
of
his
Father
,
or
the
voice
of
his
Mother
,
and
that
when
they
had
chastened
him
,
will
not
hearken
unto
them
,
then
shall
his
Father
and
Mother
,
being
his
natural
Parents
lay
hold
on
him
,
and
bring
him
to
the
Magistrates
assembled
in
Court
,
and
testifie
unto
them
,
that
their
Son
is
stubborn
and
rebellious
,
and
will
not
obey
their
voice
and
chastisement
,
but
lives
in
sundry
and
notorious
Crimes
:
such
a
son
shall
be
put
to
death
,
Deut.
22.20
,
21.
15.
If
any
Man
shall
RAVISH
any
maid
,
or
single
Woman
,
Rape
.
committing
Carnal
Copulation
with
her
by
force
,
against
her
own
will
;
that
is
above
the
age
of
ten
years
,
he
shall
be
punished
either
,
with
death
or
with
some
other
grievous
punishment
according
to
circumstances
,
as
the
Judges
or
General
Court
shall
determine
,
[
1649.
]
17.
Foresmuch
as
Carnal
Copulation
with
a
Woman
Childe
,
under
the
age
of
ten
years
,
is
a
more
hainous
sin
then
with
one
of
more
years
,
Rape
of
a
Child
.
as
being
more
inhumane
and
unnatural
in
it self
,
and
more
perrilous
to
the
life
and
well-being
of
the
Childe
:
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
that
whosoever
he
be
shall
commit
or
have
Carnal
Copulation
with
any
such
Childe
under
ten
years
old
,
and
be
legally
convicted
thereof
,
he
shall
be
put
to
death
.
[
1669.
]
Non-appearance
in
a
Capital
Crime
.
17.
If
any
person
shall
be
Indited
for
any
CAPITAL
CRIME
,
(
who
is
not
then
in
durance
)
and
shall
refuse
to
render
his
person
to
some
Magistrate
within
one
month
after
three
Proclamations
publickly
made
in
the
Town
where
he
usually
abides
,
there
being
a
month
between
Proclamation
and
Proclamation
:
his
Lands
and
Goods
shall
be
seized
to
the
use
of
the
Common
Treasury
,
till
he
make
his
lawful
appearance
.
And
such
withdrawing
of
himself
,
shall
stand
in
stead
of
one
witness
to
prove
his
Crime
,
unless
he
can
make
it
appear
to
the
Court
that
he
was
necessarily
hindred
.
[
1646.
]
Cask
and
Cooper
.
Gager
.
Packer
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
all
Cask
used
for
any
Liquor
,
Fish
,
Beef
,
Pork
,
or
other
Commodities
to
be
put
to
Sale
,
Cask
●heir
Assize
and
quality
.
shall
be
of
London
Assize
,
and
of
sound
and
well
seasoned
Timber
;
And
that
fit
persons
shall
be
appointed
from
time
to
time
,
in
all
places
needfull
,
Gagers
Fee
.
to
Gage
all
such
Vessels
or
Cask
,
and
such
as
shall
be
found
of
due
Assize
,
shall
be
marked
with
the
Gagers
mark
,
who
shall
have
for
his
pains
four
pence
per
Tun.
Coopers
mark
.
And
every
Cooper
shall
have
a
distinct
Brand
mark
on
his
own
Cask
,
upon
the
penalty
of
forfeiture
of
twenty
shillings
.
A.
51.
p.
2.
And
whosoever
shall
put
to
Sale
any
new
Cask
,
being
defective
,
either
in
Workmanship
,
Timber
or
Assizes
as
aforesaid
,
upon
due
proof
made
before
any
one
Magistrate
,
he
shall
forfeit
such
Cask
to
the
Informer
,
Defective
Cask
forfeit
.
and
be
fined
to
the
use
of
the
Country
ten
shillings
per
Tun
,
and
so
proportionably
for
greater
or
lesser
Cask
.
And
because
there
may
be
no
neglect
in
the
choice
of
a
Gager
or
Packer
;
It
is
Ordered
,
that
every
Town
within
this
Jurisdiction
,
wherein
any
Cask
are
made
,
shall
yearly
make
choice
of
a
fit
man
for
that
imployment
,
Choice
of
Gager
and
Packer
.
who
being
presented
by
the
Constable
within
one
Month
after
the
choice
made
,
before
any
one
Magistrate
,
shall
there
take
his
Oath
belonging
to
his
place
,
which
if
he
shall
refuse
,
he
shall
pay
the
sum
of
forty
shillings
,
and
another
shall
be
chosen
in
his
room
.
Backer
must
pack
no
good
but
in
Cask
of
full
Assize
.
Also
the
Town
or
Constable
shall
either
of
them
suffer
the
like
penalty
for
their
neglect
of
this
Order
.
And
every
Gager
or
Packer
,
shall
see
that
all
Cask
he
packs
,
Beef
,
Pork
,
Mackerel
,
Fish
or
other
Goods
is
committed
to
his
Care
,
be
of
true
and
full
Assize
,
and
that
he
packs
the
same
in
no
other
Cask
whatsoever
,
on
penalty
of
ten
shillings
for
every
Cask
by
him
packed
,
that
is
or
shall
be
defective
in
that
respect
,
one
half
to
the
Informer
and
the
other
half
to
the
Country
.
To
prevent
deceit
in
packing
Beef
&
Pork
,
&c
2.
And
for
the
preventing
deceit
of
any
person
in
the
packing
of
Fish
,
Beef
and
Pork
to
be
put
to
Sale
in
this
and
other
Jurisdictions
:
It
is
Ordered
,
That
in
every
Town
where
any
such
Goods
are
packed
up
for
Sale
,
the
Gager
or
Packer
of
that
Town
,
or
of
the
Town
wherein
it
is
put
to
Sale
or
Shipped
,
shall
see
that
it
be
well
and
orderly
performed
,
that
is
to
say
,
Beef
and
Pork
,
the
whole
,
half
or
quarter
,
and
so
proportionably
,
that
the
best
be
not
left
out
:
And
so
Fish
,
Packers
sees
4.5
.
pet
Tun
that
they
be
packed
all
of
one
kinde
,
and
that
all
Cask
so
packed
be
full
and
found
,
and
well
seasoned
,
setting
his
Seal
on
all
Cask
so
packed
,
and
he
shall
recover
of
the
owners
for
so
packing
and
sealing
,
four
shillings
per
Tun
;
but
if
the
Gager
do
only
view
them
,
and
finde
them
good
and
sufficient
,
he
shall
set
his
Seal
upon
them
,
and
have
one
shilling
per
Tun
for
so
doing
,
and
if
such
goods
so
packed
,
shall
be
put
to
sale
without
the
Gagers
mark
,
he
shall
forfeit
the
said
Goods
that
so
puts
them
to
sale
;
Cask
not
marked
forfeit
.
the
one
half
to
the
Informer
,
the
other
half
to
the
Country
.
[
1641.
47.51.52
.
]
To
Regulate
Coopers-Staves
.
WHereas
the
Law
tit.
Pipe-staves
,
provides
only
for
Pipe-staves
for
tight
Cask
,
and
that
Hogshead-staves
and
Barrel
staves
both
of
white
and
red
Oak
,
as
well
as
for
Pipe-staves
,
are
frequently
transported
,
and
traffiqued
in
payments
,
both
to
the
Country
Treasury
,
and
otherwise
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
all
Hogs-head
staves
shall
be
in
length
three
foot
two
inches
,
or
upwards
,
not
exceeding
three
foot
four
inches
;
and
all
Barrel
staves
shall
be
in
length
thirty
one
inches
,
Coopers
staves
to
be
well
dress
.
all
well
and
even
hewed
ordressed
sufficiently
for
use
,
as
for
Pipe-staves
is
expressed
,
whether
of
white
or
red
Oak
.
And
all
Headings
for
Pipe-staves
of
any
sort
to
be
in
length
twenty
eight
inches
;
and
for
Hogsheads
and
Barrels
,
suitable
to
the
Cask
to
be
made
thereof
;
and
that
it
be
inserted
in
the
Oath
appointed
for
Viewers
of
Pipe-staves
,
Any
thing
in
the
aforesaid
Law
to
the
contrary
notwithstanding
.
Cattle
Corn-fields
.
Fences
.
Owner
make
good
his
Fence
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
in
all
Corn
fields
,
which
are
inclosed
in
Common
,
every
party
interested
therein
,
shall
from
time
to
time
make
good
his
part
of
the
fence
,
No
Cattle
to
be
put
in
till
Corn
be
out
and
shall
not
put
in
any
Cattle
,
so
long
as
any
Corn
shall
be
upon
any
part
of
it
,
upon
paine
to
answer
all
the
damage
that
shall
come
thereby
.
[
1647.
]
Occupiers
of
Land
may
Order
Common
Fields
2.
Whereas
it
is
found
by
experience
,
that
there
hath
been
much
trouble
and
difference
in
several
Towns
,
about
the
Fencing
,
Planting
,
sowing
,
Feeding
and
Ordering
of
Common
fields
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
;
That
where
the
Occupiers
of
the
Land
,
or
the
greatest
part
thereof
,
cannot
agree
about
the
fencing
or
improvement
of
such
their
said
fields
,
that
then
the
Select
men
in
the
several
Towns
shall
order
the
same
,
or
in
case
where
no
such
are
,
then
the
major
part
of
the
Freemen
(
with
what
convenient
speed
they
may
)
shall
determine
any
such
difference
as
may
arise
upon
any
information
given
them
by
the
said
Occupiers
,
Liberty
to
Fence
in
several
excepting
such
Occupiers
Land
shall
be
sufficiently
fenced
by
it self
,
which
any
Occupier
of
Land
may
lawfully
do
.
[
1643.
47.
]
3.
Whereas
this
Court
hath
long
since
provided
,
that
all
men
shall
Fence
their
Corn
,
Meadow
,
ground
and
such
like
,
against
great
Cattle
,
to
the
end
the
increase
of
Cattle
especially
of
Cows
and
their
breed
should
not
be
hindred
,
there
being
then
but
few
Horses
in
the
Country
,
which
since
are
much
increased
,
many
whereof
run
in
a
sort
wilde
,
doing
much
damage
in
Corn
and
other
things
,
notwithstanding
fence
made
up
according
to
the
true
intent
of
the
Order
in
that
case
established
,
many
whereof
are
unknown
,
most
so
unruly
that
they
can
by
no
means
be
caught
or
got
into
custody
,
whereby
their
owners
might
answer
damages
,
and
if
sometimes
with
much
difficulty
and
charge
they
be
,
they
are
in
danger
of
perishing
before
the
owner
appears
or
can
be
found
out
,
all
which
to
Prevent
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
every
Town
and
Peculiar
in
this
Jurisdiction
,
Every
Town
to
have
a
distinct
mark
for
Cattle
.
shall
henceforth
give
some
distinct
Brand-mark
,
appointed
by
this
Court
(
a
Copy
of
which
marks
,
each
Clerk
or
the
Writs
in
every
Town
shall
keep
a
Record
)
upon
the
Horn
,
or
Left
Buttock
,
or
Shoulder
of
all
their
Cattle
which
feed
in
open
Common
without
constant
Keepers
,
whereby
it
may
be
known
to
what
Town
they
do
belong
.
Cattle
not
marked
trespassing
pay
double
damage
.
And
if
any
Trespass
not
so
marked
,
they
shall
pay
double
Damages
:
nor
shall
any
person
knowing
,
or
after
due
notice
given
of
any
Beast
of
his
to
be
unruly
in
respect
of
Fences
,
suffer
such
Beast
to
go
common
,
or
against
Corn-fields
,
or
other
impropriate
inclosed
grounds
fenced
as
aforesaid
,
Unruly
Cattle
to
go
in
Fetters
.
without
such
Shackles
or
Fetters
as
may
restrain
and
prevent
Trespass
therein
by
them
from
time
to
time
.
And
if
any
Horse
or
other
Beast
Trespass
in
any
Corn
or
other
inclosure
,
being
Fenced
in
such
sort
as
secures
against
Cows
,
Oxen
and
such
like
orderly
Cattle
;
the
Party
or
Parties
Trespassed
shall
procure
two
sufficient
Inhabitants
of
that
Town
,
Harms
to
be
viewed
by
sufficient
men
.
of
good
repute
and
credit
,
to
view
and
adjudge
the
harms
,
which
the
Owner
of
the
Beast
shall
satisfie
when
known
upon
reasonable
demand
,
Notice
to
be
given
to
the
owner
of
the
Beast
.
whether
the
Beast
were
impounded
or
not
:
But
if
the
Owner
be
known
,
and
near
residing
,
as
in
the
same
Town
or
the
like
,
he
shall
forthwith
have
notice
of
the
Trespass
and
Damage
charged
upon
him
,
that
if
he
approve
not
thereof
,
he
may
nominate
one
such
man
,
who
with
one
other
chosen
by
the
party
damnified
,
as
aforesaid
,
shall
review
and
adjudge
the
harms
;
Provided
they
agree
of
damage
within
one
day
after
due
notice
given
,
and
that
no
after
harms
intervene
to
hinder
it
,
which
being
forthwith
discharged
,
together
with
the
charge
of
the
notice
,
former
view
and
determination
of
damage
,
the
first
Judgement
to
be
void
,
or
else
to
stand
good
in
Law
;
L.
2.
P.
8.
Provided
notwithstanding
,
the
party
Trespassed
shall
not
be
barred
of
his
Action
,
albeit
the
harms
be
not
viewed
and
judged
according
to
the
direction
aforesaid
.
And
if
any
Cattle
be
found
damage
feizant
,
the
party
damnified
may
impound
or
keep
them
in
his
own
private
Close
or
Yard
,
till
he
may
give
notice
to
the
owner
,
and
if
they
cannot
agree
,
the
Owner
may
Replevie
them
,
or
the
other
party
may
return
them
to
the
owner
,
and
take
his
remedy
according
to
Law
;
L.
2.
P.
8.
yet
in
case
of
involuntary
Trespasses
,
where
such
Trespasser
shall
pay
,
or
Legally
tender
full
recompence
for
all
the
damage
done
by
him
before
any
suit
commenced
,
the
Plaintiffe
shall
recover
no
cost
of
his
suit
.
And
in
all
Trespasses
or
damages
done
to
any
man
,
In
voluntary
Trespass
pay
no
cost
.
L.
1.
P.
51.
if
it
can
be
proved
to
be
done
by
the
meer
default
of
him
to
whom
the
damage
is
done
,
it
shall
be
judged
no
Trespass
,
nor
any
damage
given
for
it
.
[
1646
]
Goats
pay
double
damage
4.
For
all
harms
done
by
Goats
,
there
shall
be
double
damage
allowed
,
and
when
any
Goats
are
taken
in
Corn
or
Gardens
,
the
owner
of
such
Corn
or
Garden
;
may
keep
and
use
the
said
Goats
till
full
satisfaction
be
made
by
the
owners
.
[
1646.
]
5.
Forasmuch
as
Complaints
have
been
made
of
a
very
evil
Practise
of
some
disordered
Persons
in
the
Country
,
who
use
to
take
other
mens
Horses
,
sometimes
upon
the
Commons
,
and
sometimes
out
of
their
own
Grounds
and
Inclosures
,
&
ride
them
at
their
pleasure
without
any
leave
or
privity
of
the
Owners
;
It
is
therefore
Ordered
and
Enacted
by
the
Authority
of
this
Court
;
That
whosoever
shall
take
any
other
mans
Horse
,
Mare
,
Asse
,
Riding
or
wor●ing
other
me●s
Horse
or
C●●●ie
without
leave
.
or
drawing
beast
,
either
out
of
his
inclosure
,
or
upon
any
Common
or
elsewhere
,
(
except
such
be
taken
damage
feizant
and
disposed
of
according
to
Law
)
without
leave
of
the
Owner
,
and
shall
ride
or
use
the
same
,
he
shall
pay
to
the
party
wronged
treble
damages
,
or
if
the
Complainant
shall
desire
it
,
then
to
pay
only
ten
shillings
,
P●●lty
tr●ble
damage
or
whip
.
and
such
as
have
not
to
make
satisfaction
,
shall
be
punished
by
whipping
,
imprisonment
or
otherwise
,
as
by
Law
shall
be
adjudged
,
and
any
one
Magistrate
or
County
Court
may
hear
and
determine
the
same
.
[
1647.
]
6.
For
the
better
preserving
of
Corn
from
damage
,
by
all
kinde
of
Cattle
,
and
that
all
Fences
of
Corn-fields
,
may
from
time
to
time
be
sufficiently
upheld
and
maintained
;
A.
53.
P.
20.
It
is
Ordered
by
this
Court
,
That
the
Select
men
of
all
Towns
,
shall
make
wholsome
Orders
,
Select
men
to
order
the
repair
o●
Fences
for
the
repairing
of
all
Fences
both
generall
and
particular
,
within
their
several
Townships
,
excepting
Fences
belonging
to
Farms
of
one
hundred
Acres
or
above
,
and
have
power
to
impose
fines
upon
all
Delinquents
,
not
exceeding
twenty
shillings
for
one
offence
;
and
if
any
Select
men
shall
neglect
to
make
Orders
as
aforesaid
,
they
shall
forfeit
five
Pounds
to
the
use
of
the
Town
,
and
so
for
every
Months
default
from
time
to
time
,
To
appoint
viewers
of
common
Fences
and
the
said
Select
men
of
every
Town
shall
appoint
,
from
year
to
year
,
two
or
more
(
if
need
require
)
of
the
Inhabitants
thereof
,
to
view
the
Common
fences
,
of
all
their
Corn-fields
,
to
the
end
,
to
take
due
notice
of
the
real
defects
and
insufficiency
thereof
,
To
give
notice
of
defect
to
the
Owners
who
shall
forthwith
acquaint
the
owners
thereof
with
the
same
;
and
if
the
said
Owners
do
not
within
six
dayes
time
or
otherwise
as
the
Select
men
shall
appoint
,
sufficiently
repair
their
said
defective
fences
:
Owners
to
repair
within
six
dayes
.
then
the
said
two
or
more
Inhabitants
appointed
as
aforesaid
,
shall
forthwith
repair
or
reniew
them
,
and
shall
have
double
recompence
for
all
their
labour
,
care
,
cost
and
trouble
,
to
be
paid
by
the
Owners
of
the
said
insufficient
Fence
or
Fences
,
and
shall
have
warrant
from
the
said
Select
men
,
Else
the
viewers
to
mend
them
&
have
double
recompence
.
directed
to
the
Constable
to
levy
the
same
,
either
upon
the
Corn
or
other
estate
of
the
Delinquent
:
Provided
the
defect
of
the
Fence
or
Fences
be
sufficiently
proved
by
two
or
three
witnesses
.
[
1647.
]
7.
Where
Lands
lye
in
Common
unfenced
,
if
one
man
shall
improve
his
Land
,
by
fencing
in
several
,
and
another
shall
not
,
he
who
shall
so
improve
,
shall
secure
his
Land
against
other
mens
Cattle
,
and
shall
not
compel
such
as
joyn
upon
him
to
make
any
Fence
with
him
,
except
he
shall
also
improve
in
several
as
the
other
doth
.
P●rtition
Fence
between
neighbours
,
born
by
both
.
And
where
one
man
shall
improve
before
his
neighbour
,
and
so
make
the
whole
Fence
,
if
after
his
said
neighbour
shall
improve
also
,
he
shall
then
satisfie
for
hall
the
others
Fence
against
him
,
according
to
the
present
value
,
and
shall
maintain
the
same
;
and
if
the
first
man
shall
after
lay
open
his
said
field
,
then
the
said
neighbour
shall
enjoy
his
said
half
Fence
so
purchased
to
his
own
use
,
and
shall
also
have
liberty
to
buy
the
other
half
Fence
,
paying
according
to
present
valuation
,
to
be
set
by
two
men
chosen
,
by
either
party
one
:
the
like
Order
shall
be
where
any
man
shall
improve
Land
against
any
Town-Common
.
Provided
this
Order
shall
not
extend
to
House
Lots
not
exeeeding
ten
Acres
,
House
Lots
Fences
.
but
if
such
one
shall
improve
,
his
neighbour
shall
be
compellable
to
make
and
maintain
one
half
of
the
Fence
between
them
,
whether
he
improve
or
not
.
Insufficient
Fence
no
damage
except
by
Swine
and
Calves
.
Provided
also
,
no
man
shall
be
liable
to
satisfie
for
damage
done
in
any
ground
not
sufficiently
fence
,
except
it
shall
be
for
damage
done
by
Swine
,
or
Calves
under
a
year
old
,
or
unruly
Cattle
which
will
not
be
restrained
by
ordinary
Fences
,
or
where
any
man
shall
put
his
Cattle
,
or
otherwise
voluntarily
Trespass
upon
his
neighbours
ground
:
and
if
the
party
damnified
finde
the
Cattle
damage
feizant
,
he
may
impound
or
otherwise
dispose
of
them
.
[
1642
]
FENCE
.
WHereas
the
Laws
published
concerning
Fences
and
Cattle
,
being
in
the
second
Edition
,
transported
from
their
first
order
and
method
,
much
difficulty
doth
many
times
arise
concerning
the
true
meaning
thereof
,
whereby
great
damages
do
accrew
to
many
of
the
Inhabitants
,
and
consequently
to
the
Country
:
For
prevention
whereof
;
This
Court
doth
Order
and
Enact
,
That
where
any
Cattle
shall
Trespass
on
any
propriety
,
Fence
to
secure
Corn
Fields
.
not
appearing
to
be
sufficiently
Fenced
,
against
Swine
sufficiently
yoaked
and
ringed
,
or
Cowes
and
such
Cattle
as
will
be
restrained
by
a
sufficient
Fence
,
in
the
judgement
of
the
viewers
of
the
Fences
,
as
Pag.
11.
Sect.
6.
in
all
such
cases
the
Owners
of
the
Fence
,
or
of
the
Land
,
shall
bear
all
such
damages
,
as
to
them
thereby
sustained
,
any
thing
in
the
said
Order
,
or
any
other
Law
,
Custome
or
Usage
to
the
contrary
notwithstanding
.
[
1662
]
Causes
Small
Causes
.
One
Magistrate
may
end
causes
under
40.
s.
FOR
easing
the
Charge
and
Incumbrance
of
Courts
by
small
Causes
;
It
is
Ordered
by
this
Court
and
Authority
thereof
;
That
any
Magistrate
in
the
Town
where
he
dwells
,
may
hear
and
determine
by
his
discretion
(
not
by
Jury
)
according
to
the
Laws
here
established
,
all
causes
arising
in
that
County
,
wherein
the
Debt
,
Trespass
or
Damage
,
doth
not
exceed
Forty
shillings
,
who
may
send
for
parties
and
witnesses
by
Summons
or
Attachment
directed
to
the
Marshall
or
Constable
,
who
shall
faithfully
execute
the
same
.
Three
Commissioners
in
Towns
to
end
small
causes
.
And
it
is
further
Ordered
,
that
in
such
Towns
where
no
Magistrate
dwells
,
the
Court
of
Assistants
or
County
Court
,
may
from
time
to
time
upon
request
of
the
said
Towns
,
signified
under
the
hand
of
the
Constable
,
appoint
three
of
the
Freemen
as
Commissioners
in
such
cases
,
any
two
whereof
,
shall
have
like
power
to
hear
and
determine
all
such
causes
wherein
either
party
is
an
Inhabitant
of
that
Town
,
who
have
hereby
power
to
send
for
Parties
and
Witnesses
,
by
Summons
or
Attachment
directed
to
the
Constable
,
as
also
to
Administer
Oaths
to
Witnesses
,
and
to
give
time
to
the
Defendant
to
Answer
if
they
see
cause
;
and
if
the
Party
Summoned
refuse
to
give
in
his
Bond
or
Appearance
;
or
sentenced
,
refuse
to
give
satisfaction
,
where
no
goods
appear
in
the
same
Town
where
the
Party
dwells
,
they
may
charge
the
Constable
with
the
party
,
to
carry
him
before
a
Magistrate
or
Shire
Court
(
if
then
sitting
)
to
be
further
proceeded
with
according
to
Law
,
L.
1.
p.
46.
but
the
said
Commissioners
may
not
commit
to
Prison
in
any
case
.
And
where
the
Parties
live
in
several
Towns
,
the
Defendant
shall
be
liable
to
be
sued
in
either
Town
at
the
liberty
of
the
Plaintiffe
.
2.
And
forasmuch
as
the
Magistrates
are
under
an
Oath
of
God
,
for
dispensing
equal
justice
according
to
Law
;
It
is
Ordered
by
the
Authority
aforesaid
,
that
all
Associates
for
County
Courts
;
when
and
where
there
shall
be
any
,
and
all
such
Commissioners
Authorized
as
aforesaid
,
Associates
and
Commissioners
to
be
sworn
.
shall
be
sworn
before
each
County
Court
or
some
Magistrate
in
that
County
,
unto
the
faithful
discharge
of
the
trust
and
power
committed
to
them
.
And
it
is
further
Ordered
,
That
in
all
small
Causes
as
aforesaid
,
where
only
one
Magistrate
dwells
in
the
Town
,
and
the
Cause
concerns
himself
,
as
also
in
such
Towns
where
no
Magistrate
is
,
and
the
Cause
concerns
any
of
the
three
Commissioners
,
that
in
such
cases
the
Select
men
of
the
Town
,
shall
have
power
to
hear
and
determine
the
same
,
Select
men
to
try
Causes
.
and
also
to
graunt
execution
for
the
levying
and
gathering
up
such
damages
for
the
use
of
the
person
damnified
,
as
one
Magistrate
or
three
Commissioners
may
do
.
And
no
Debt
or
Action
proper
to
the
Cognizance
of
one
Magistrate
or
the
three
Commissioners
as
aforesaid
,
L.
1.
p.
4.
shall
be
received
into
any
County
Court
,
but
by
Appeal
from
such
Magistrate
or
Commissioners
,
County
Court
to
reject
all
Actions
under
40.
s.
except
in
cases
of
Defamation
and
Battery
.
[
1647.
49.
]
3.
Whereas
by
reason
of
the
concourse
of
People
,
and
increase
of
trade
in
the
Town
of
Boston
,
Suits
at
Law
are
grown
more
frequent
,
A.
51.
p.
6.
where
the
County
Courts
are
much
prolonged
,
and
forasmuch
as
many
crimes
are
also
committed
in
the
said
Town
,
by
strangers
and
others
,
which
often
escape
unpunished
;
For
the
prevention
whereof
,
Commissioners
of
Boston
.
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
there
be
seven
Freemen
resident
in
Boston
,
annually
chosen
by
the
Freemen
of
the
said
Town
,
and
presented
to
the
Court
of
Assistants
,
who
hereby
have
power
to
Authorize
the
said
seven
Freemen
to
be
Commissioners
of
the
said
Town
,
to
act
in
things
committed
to
their
trust
,
Chosen
.
as
is
hereafter
expressed
;
who
shall
from
time
to
time
be
sworn
before
the
said
Court
,
Sworn
.
or
the
Governour
,
Deputy
Governour
or
any
two
Magistrates
.
And
this
Court
doth
hereby
give
and
graunt
Commission
and
Authority
unto
the
said
seven
men
,
or
any
five
of
them
,
or
any
three
of
them
with
one
Magistrate
to
hear
and
determine
all
Civil
Actions
which
shall
be
brought
before
them
,
not
exceeding
the
sum
of
Ten
Pounds
,
Power
in
civil
Cases
to
ten
pounds
.
arising
within
the
neck
of
Land
on
which
the
Town
is
Scituate
,
as
also
on
Noddles
Island
,
or
betwixt
any
persons
where
both
parties
,
shall
be
Inhabitants
or
Residents
within
the
said
Neck
or
Noddles
Island
aforesaid
,
or
where
either
party
shall
be
an
Inhabitant
or
Resident
aforesaid
;
Provided
they
keep
a
Book
of
Records
for
the
entry
of
all
Causes
,
Evidences
,
Testimonies
,
Sentences
and
Judgements
as
the
Law
provides
in
like
Cases
;
which
said
Commissioners
are
Authorized
annually
,
to
appoint
a
Clerk
of
their
Court
and
to
demand
and
receive
of
every
Plaintiffe
in
all
Cases
or
Actions
not
exceeding
Forty
shillings
,
the
sum
of
three
shillings
four
pence
;
and
for
all
other
Actions
,
the
sum
of
ten
shillings
;
and
for
all
other
things
the
accustomed
fees
;
and
the
said
Commissioners
shall
from
time
to
time
publish
their
Court
dayes
,
as
the
three
Commissioners
in
Towns
are
bound
to
.
And
for
the
discovery
,
prevention
and
punishment
of
Misdemeanours
in
the
Town
of
Boston
;
In
Criminal
Cases
.
Power
and
Authority
is
hereby
given
and
granted
to
the
said
Commissioners
,
and
every
of
them
,
by
Warrant
under
their
or
his
hand
,
to
convent
before
them
,
or
any
of
them
,
all
such
persons
as
shall
be
complained
of
for
such
offences
,
or
otherwise
brought
to
their
cognizance
,
and
to
hear
and
determine
the
same
,
according
to
the
Laws
here
established
as
any
Magistrate
may
do
,
Provided
the
fines
imposed
by
them
,
do
not
exceed
forty
shillings
for
one
offence
.
And
that
the
said
Commissioners
may
the
better
and
more
diligently
endeavour
the
suppressing
of
sin
and
misdemeanours
,
and
the
breach
of
the
peace
in
the
said
Town
;
Their
Commission
shall
be
from
time
to
time
,
under
the
hand
of
the
Secretary
of
the
General
Court
.
Officers
required
to
assist
the
Commissioners
And
also
all
Marshalls
,
Constables
and
other
Inhabitants
respectively
,
are
required
to
be
aiding
and
assisting
our
Commissioners
aforesaid
in
this
behalf
.
And
that
no
person
may
be
discouraged
or
damnified
by
this
Commission
;
It
shall
be
lawful
for
any
person
to
Appeal
from
the
Sentence
of
all
or
any
of
them
to
the
Court
of
Assistants
.
[
1651.
]
4.
And
because
the
Commissioners
in
the
the
several
Towns
have
Power
of
Judicature
,
A.
4.
P.
2.
the
exercise
whereof
is
of
great
concernment
,
both
to
Towns
and
Country
;
None
to
be
Commissioner
but
such
as
are
approved
.
It
is
therefore
Ordered
,
that
henceforth
there
shall
be
none
admitted
to
be
a
Commissioner
for
any
Town
in
this
Jurisdiction
,
but
such
whose
conversation
is
inoffensive
,
and
whose
fidelity
to
the
Country
is
sufficiently
known
and
approved
of
by
the
County
Court
of
that
Shire
.
[
1654.
]
Charges
Publick
.
None
to
be
imployed
in
publick
service
at
their
own
charge
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
no
Governour
,
Deputy
Governour
,
Assistant
,
Associate
,
Grand
or
Petty
Jury
man
at
any
Court
,
nor
any
Deputy
for
the
General
Court
,
nor
any
Commissioners
for
Military
Discipline
at
the
time
of
their
publick
meetings
,
shall
at
any
time
bear
his
own
charges
,
but
their
necessary
expences
shall
be
defrayed
,
either
by
the
Town
,
or
the
Shire
on
whose
service
they
are
,
or
by
the
Country
in
general
.
[
1631.
41.
]
2.
The
Court
considering
the
necessity
of
an
equal
Contribution
to
all
common
charges
in
Towns
;
Every
Inhabitant
to
pay
to
all
charges
in
Church
and
Common-wealth
Doth
Order
,
That
every
Inhabitant
shall
Contribute
to
all
Charges
both
in
Church
and
Common-wealth
,
whereof
he
doth
or
may
receive
benefit
:
And
every
such
Inhabitant
who
shall
not
Contribute
proportionably
to
his
ability
to
all
common
Charges
,
both
Civil
and
Ecclesiastical
,
shall
be
compelled
thereunto
,
by
Assessment
and
Distress
,
to
be
levied
by
the
Constable
or
other
Officer
of
the
Town
;
and
the
Lands
and
Estates
of
all
men
wherein
they
dwell
)
shall
be
Rated
for
all
Town
charges
,
both
Civil
and
Ecclesiastical
(
as
aforesaid
)
where
the
Lands
and
Estates
shall
lye
,
Lands
&
Estates
to
pay-where
they
lye
.
and
their
persons
where
they
dwell
.
3.
For
a
more
equal
and
ready
way
of
raising
means
for
defraying
the
publick
charges
,
and
for
preventing
such
inconveniences
as
have
fallen
out
upon
former
Assessments
;
Country
Rate
It
is
Ordered
and
Enacted
by
the
Authority
of
this
Court
;
That
the
Treasurer
for
the
time
being
,
shall
from
year
to
year
in
the
fifth
Month
,
without
expecting
any
other
Order
,
Treasurers
warrant
to
the
Constable
.
send
his
warrants
to
the
Constable
and
Select
Men
of
every
Town
within
this
Jurisdiction
,
requiring
the
Constable
to
call
together
the
Inhabitants
of
the
Town
,
who
being
so
assembled
,
shall
chuse
some
one
of
their
Freemen
to
be
a
Commissioner
for
the
Town
,
who
together
with
the
Select
men
,
for
their
prudential
affairs
,
shall
some
time
in
the
sixth
Month
then
next
ensueing
,
Persons
&
estates
to
be
valued
in
the
sixth
month
.
make
a
List
of
all
the
Male
persons
in
the
same
Town
from
sixteen
years
old
and
upwards
,
and
a
true
estimation
of
all
personal
and
real
estates
,
being
or
reputed
to
be
the
estate
of
all
and
every
the
persons
in
the
same
Town
,
or
otherwise
under
their
custody
or
managing
according
to
just
valuation
,
and
to
what
persons
the
same
do
belong
,
whether
in
their
own
Town
or
elsewhere
,
so
near
as
they
can
by
all
lawful
means
which
they
may
use
,
viz.
of
Houses
,
Lands
of
all
sorts
,
as
well
broken
up
as
other
(
except
such
as
doth
or
shall
lye
common
for
free
feed
of
Cattle
,
to
the
use
of
the
Inhabitants
in
general
,
whether
belonging
to
Towns
or
particular
Persons
,
but
not
to
be
kept
or
hearded
upon
to
the
damage
of
the
Proprietors
,
)
Mills
,
Ships
and
all
small
Vessels
Merchantable
,
Goods
,
Cranes
,
Wharfs
,
and
all
sorts
of
Cattle
,
and
all
other
known
Estate
whatsoever
,
either
at
Sea
or
on
Shore
;
all
which
Persons
and
Estates
are
by
the
said
Commissioners
and
Select
men
to
be
assessed
and
rated
as
here
followeth
,
viz.
every
Person
aforesaid
(
except
Magistrates
and
Elders
of
Churches
)
one
shilling
and
eight
pence
by
the
head
,
and
all
Estates
,
both
real
and
personal
,
Persons
at
1.
s.
8
d.
per
head
at
one
penny
for
every
twenty
shillings
,
according
to
the
Rates
of
Cattle
hereafter
mentioned
.
Estates
at
one
p●nny
per
pound
The
Estates
of
all
Merchants
,
Shop-keepers
and
Factors
,
A.
51.
p.
1.
shall
be
Assessed
by
the
Rule
of
common
estimation
,
according
to
the
Will
and
Doom
of
the
Assessors
,
having
regard
to
their
Stock
and
Estate
,
Merchants
rated
by
will
&
doom
be
it
presented
to
view
or
not
,
in
whose
hands
soever
it
be
;
and
if
any
such
Merchants
finde
themselves
over
valued
,
if
they
can
make
it
appear
to
the
Assessors
,
A.
57.
p.
23.
they
are
to
be
eased
by
them
,
if
not
,
by
the
next
County
Court
;
Rate
of
house
&
lands
.
And
Houses
and
Land
,
of
all
sorts
(
except
as
aforesaid
)
shall
be
rated
at
an
equal
and
indifferent
value
,
according
to
their
worth
in
the
Towns
and
Places
where
they
lye
.
Also
every
Bull
and
Cow
of
four
years
old
and
upward
at
three
pounds
,
Heifers
and
Steers
between
three
and
four
years
old
at
fifty
shillings
,
Rate
of
Cattle
.
and
between
two
and
three
years
old
at
forty
shillings
,
,
and
between
one
and
two
at
twenty
shillings
,
and
every
Oxe
of
four
years
old
and
upward
at
five
pounds
,
every
Horse
and
Mare
of
three
years
old
and
upward
five
pounds
,
between
two
and
three
at
three
pounds
,
of
one
year
old
and
upwards
at
thirty
shillings
;
every
Ewe
sheep
above
one
year
old
at
ten
shillings
,
every
Goat
above
a
year
old
at
eight
shillings
,
every
Weather
sheep
above
one
year
old
at
ten
shillings
;
every
Swine
above
one
year
old
at
twenty
shillings
;
Every
Asse
above
one
year
old
at
forty
shillings
:
And
all
Cattle
of
all
sorts
under
a
year
old
,
are
hereby
exempted
;
as
also
all
Hay
and
Corn
in
the
Husbandmans
hand
,
because
all
Meadow
,
arable
Ground
and
Cattle
are
Rateable
as
aforesaid
.
And
for
all
such
persons
as
by
the
advantage
of
their
Arts
and
Trades
,
are
more
enabled
to
help
bear
the
publick
charge
then
common
labourers
and
Workmen
,
Artificers
and
Handicrafts
Rated
.
as
Butchers
,
Bakers
,
Brewers
,
Victuallers
,
Smiths
,
Carpenters
,
Taylors
,
Shoomakers
,
Joyners
,
Barbers
,
Millers
and
Masons
,
with
all
other
manual
persons
and
Artists
,
such
are
to
be
rated
for
returns
and
gaines
,
Impotant
persons
exempted
.
proportionable
unto
other
men
for
the
produce
of
their
Estates
;
Provided
that
in
the
Rate
by
the
Poll
,
such
persons
as
are
disabled
by
sickness
,
lameness
or
other
infirmity
shall
be
exempted
.
And
for
such
Servants
and
Children
as
take
not
wages
,
their
Parents
and
Masters
▪
shall
pay
for
them
,
but
such
as
take
wages
shall
pay
for
themselves
.
Commissioners
meet
at
the
shire
Town
.
And
it
is
further
Ordered
,
That
the
Commissioners
for
the
several
Towns
,
in
every
Shire
,
shall
yearly
upon
the
first
fourth
day
of
the
week
in
the
seaventh
Month
,
assemble
at
their
Shire
Town
,
and
bring
with
them
fairly
written
the
just
number
of
Males
listed
as
aforesaid
,
and
the
Assessments
of
Estates
made
in
their
several
Towns
,
according
to
the
Rules
and
Directions
in
this
present
Order
expressed
;
and
the
said
Commissioners
being
so
assembled
,
To
perfect
the
Assessments
.
shall
duely
and
carefully
examine
all
the
said
Lists
and
Assessments
of
the
several
Towns
in
that
Shire
,
and
shall
correct
and
perfect
the
same
,
according
to
the
true
intent
of
this
Order
,
as
they
or
the
major
part
of
them
shall
determine
,
and
the
same
so
perfected
,
they
shall
speedily
transmit
to
the
Treasurer
under
their
hands
,
or
the
hands
of
the
major
part
of
them
;
and
thereupon
the
Treasurer
shall
give
warrants
to
the
Constables
to
collect
and
levy
the
same
;
so
as
the
whole
Assessment
,
both
for
Persons
and
Estates
,
may
be
paid
in
unto
the
Treasurer
before
the
twentieth
day
of
the
ninth
Month
yearly
:
And
every
one
shall
pay
their
Rate
to
the
Constable
in
the
same
Town
where
it
shall
be
Assessed
,
(
nor
shall
any
Land
or
Estate
be
Rated
in
any
other
Town
but
where
the
same
shall
lye
,
Constables
to
Collect
in
the
ninth
month
.
or
was
improved
to
the
Owners
,
reputed
Owners
,
or
other
Proprietors
use
or
behoof
,
if
it
be
within
this
Jurisdiction
)
And
if
the
Treasurer
cannot
dispose
of
it
there
,
the
Constable
shall
send
it
to
such
place
in
Boston
,
or
elsewhere
,
as
the
Treasurer
shall
appoint
,
at
the
charge
of
the
Country
,
to
be
allowed
the
Constable
upon
his
accompt
with
the
Treasurer
,
and
for
all
peculiars
,
viz.
such
places
as
are
not
yet
laid
within
the
bounds
of
any
Town
,
the
same
Lands
with
the
Persons
and
Estates
thereupon
,
shall
be
Assessed
by
the
Rates
of
the
Town
next
unto
it
,
Peculiars
to
be
Assessed
at
the
next
Town
.
the
measure
or
estimation
shall
be
by
the
distance
of
the
meeting
houses
.
And
if
any
of
the
said
Commissioners
,
or
of
the
Select
men
,
shall
wittingly
fail
or
neglect
to
perform
the
trust
committed
to
them
by
this
Order
,
in
not
making
,
correcting
,
perfecting
or
transmitting
any
of
the
said
Lists
or
Assessments
according
to
the
intent
of
this
Order
;
Commissioners
or
Select
mens
failings
Every
such
Offender
shall
be
fined
forty
shillings
for
every
such
offence
,
or
so
much
as
the
Country
shall
be
damnified
thereby
,
Forfeit
40.
s.
so
it
exceed
not
forty
shillings
for
one
offence
,
provided
such
offence
be
complained
of
and
prosecuted
within
six
months
.
And
it
is
further
Ordered
,
that
upon
all
Distresses
to
be
taken
for
any
of
the
Rates
and
Assessments
aforesaid
,
the
Officer
shall
distrein
Goods
or
Cattle
if
they
may
be
had
,
and
if
no
Goods
,
then
Lands
or
Houses
,
if
neither
Goods
nor
Lands
can
be
had
within
the
Town
where
such
Distress
is
to
be
taken
,
then
to
Attach
the
body
of
such
persons
to
be
carried
to
Prison
,
there
to
be
kept
till
the
next
Court
of
that
Shire
,
except
they
put
in
security
for
their
appearance
there
,
or
that
payment
be
made
in
the
mean
time
.
And
it
is
Ordered
,
that
the
prizes
of
oll
sorts
of
Corn
,
to
be
received
upon
any
Rate
by
virtue
of
this
Order
,
shall
be
such
as
this
Court
shall
set
from
year
to
year
,
and
in
want
thereof
at
price
currant
,
to
be
judged
by
the
Commissioners
of
Essex
,
Middlesex
and
Suffolk
.
And
it
is
further
Ordered
,
that
no
Estate
of
Land
in
England
,
shall
be
Rated
in
any
publick
Assessment
;
And
it
is
hereby
Declared
,
Land
in
England
Rate
f●●e
that
by
publick
Assessment
and
Rates
,
is
intended
only
such
as
are
Assessed
by
Order
of
the
General
Court
for
the
Countries
occasion
and
no
other
.
[
1646.
47
,
51
,
57.
]
4.
It
is
Ordered
;
that
every
Constable
within
this
Jurisdiction
,
A.
56.
P.
11
shall
on
the
penalty
of
five
pounds
;
clear
up
all
their
Accounts
with
the
Treasurer
,
for
the
Rates
of
their
several
Towns
,
by
the
first
of
May
yearly
,
Constables
to
clear
their
Accounts
with
the
Treasurer
by
the
first
of
May.
and
they
and
every
of
them
are
impowred
to
press
boats
or
carts
,
for
the
better
and
more
speedy
sending
in
their
Rates
,
according
to
the
time
appointed
.
And
if
any
Constable
shall
not
have
Collected
the
Rates
and
Assessments
,
committed
to
his
charge
by
the
Treasurer
,
L.
1.
P.
46.
during
the
time
of
his
Office
,
that
he
shall
,
notwithstanding
the
expiration
of
his
Office
have
power
to
Levy
by
distress
,
all
such
Rates
and
Levies
;
Constable
after
the
expiration
of
his
Office
ha●●
power
to
Collect
Rates
.
and
if
he
bring
them
not
in
to
the
Treasurer
acording
to
his
warrant
,
the
Treasurer
shall
distreyn
such
Constables
goods
for
the
same
.
Treasurer
may
distrein
in
the
Constable
or
any
other
Inhabitant
.
And
if
the
Treasurer
shall
not
so
distreyn
the
Constable
,
he
shall
be
answerable
to
the
Country
for
the
same
:
And
if
the
Constable
be
not
able
to
make
payment
,
it
shall
be
lawfull
for
the
Treasurer
to
distreyn
for
all
arrearages
of
rates
and
leavyes
,
any
man
or
men
of
that
Town
where
the
Constables
are
unable
,
and
that
man
or
men
upon
petition
to
the
General
Court
,
shall
have
Order
to
Collect
the
same
again
equally
of
the
Town
,
with
his
just
damages
for
the
same
.
[
1640.
56.
]
RATING
STRANGERS
.
THis
Court
understanding
that
several
Gentlemen
Merchants
strangers
,
in
the
beginning
of
every
year
,
frequently
comming
into
these
parts
,
and
bringing
great
store
of
English
and
other
goods
of
all
sorts
to
great
value
;
and
usually
making
up
their
markets
to
their
great
advantage
before
the
Sixth
Month
,
when
the
Rates
,
or
Order
for
the
Collecting
of
them
by
Law
is
to
issue
out
,
(
not
without
a
considerable
disadvantage
to
the
Merchants
and
Shop-keepers
,
Residents
and
Inhabitants
of
this
Colony
,
who
have
born
the
heat
of
the
day
,
and
are
fain
to
be
at
all
the
charge
for
supporting
of
the
Government
)
and
the
said
Merchants
strangers
takeing
the
chief
of
the
benefit
of
the
Trade
,
and
make
their
escapes
without
any
payment
to
support
the
Government
of
this
place
,
under
,
and
by
which
they
reap
so
great
advantage
to
themselves
:
It
is
therefore
Ordered
,
Order
for
Assessments
on
Strangers
,
that
it
shall
be
henceforth
lawfull
for
the
Select
men
of
each
Town
,
where
such
Strangers
are
,
or
shall
be
,
to
assess
all
such
Strangers
,
according
to
the
Cargo's
they
shall
bring
into
this
Country
:
Or
in
case
of
their
refusall
,
to
give
a
true
Account
of
their
Estate
to
the
Select-men
;
then
the
said
Select-men
shall
,
and
hereby
are
impowred
to
make
their
Assessment
on
all
such
Strangers
in
any
Moneth
of
the
Year
,
yearly
,
in
proportion
to
a
single
Rate
by
will
and
doom
,
as
the
Inhabitants
of
this
Country
are
used
to
be
rated
;
and
for
non-payment
,
by
the
Constables
to
Levy
their
said
Assessments
,
as
in
other
cases
,
by
Warrant
from
the
said
Select-men
.
[
1665.
]
For
prevention
of
differences
between
Treasurer
and
Constables
FOR
the
preventing
of
differences
arising
between
the
Treasurer
of
the
Country
and
the
Constables
of
the
Townes
,
in
Collecting
and
receiving
the
Country
Rate
,
and
of
great
damage
thereby
happening
to
the
Country
;
It
is
Ordered
by
this
Court
,
that
where
any
pay
is
tendered
,
the
price
whereof
is
not
determined
by
this
Court
,
the
place
of
Apprisement
shall
be
where
the
payment
is
tendered
to
the
Treasurer
,
or
his
Order
by
men
indifferently
,
chosen
,
as
the
Law
directs
.
[
1667.
]
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
henceforth
the
Ministers
of
Gods
Word
,
regularly
Ordained
over
any
Church
of
Christ
,
Ministers
of
Gods
word
Rate
free
.
Orderly
gathered
and
Constituted
;
shall
be
freed
from
all
Rates
for
the
Country
,
County
and
Church
,
and
for
the
Town
also
,
except
where
by
special
Contract
with
the
Town
they
have
consented
thereunto
:
Provided
this
freedome
shall
extend
onely
to
such
estate
as
is
their
own
proper
estates
,
and
under
their
own
Custody
and
improvement
.
[
1671.
]
Children
and
Youth
.
FOrasmuch
as
the
good
Education
of
Children
is
of
Singular
behoofe
and
benefit
to
any
Common-wealth
,
and
whereas
many
Parents
and
Masters
are
too
indulgent
and
negligent
of
their
duty
in
that
kind
;
Select
mens
care
that
all
children
may
be
taught
to
Reade
.
It
is
Ordered
,
that
the
Select
men
of
every
Town
,
in
the
several
Precincts
and
quarters
where
they
dwell
,
shall
have
a
vigilant
eye
over
their
brethren
and
neighbours
,
to
see
,
First
that
none
of
them
shall
suffer
so
much
Barbarism
in
any
of
their
families
,
as
not
to
endeavour
to
teach
,
by
themselves
or
others
,
their
Children
and
Apprentices
,
so
much
learning
,
as
may
enable
them
perfectly
to
read
the
English
tongue
,
and
knowledge
of
the
Capital
Lawes
:
upon
penalty
of
twenty
shillings
for
each
neglect
therin
.
Also
that
all
Masters
of
families
,
do
once
a
week
(
at
the
least
)
Catechise
their
children
and
servants
in
the
Grounds
and
Principles
of
Religion
,
and
if
any
be
unable
to
do
so
much
;
And
Catechized
that
then
at
the
least
they
procure
such
children
and
apprentices
,
to
learn
some
short
Orthodox
Catechisme
▪
without
book
,
that
they
may
be
able
to
answer
unto
the
questions
that
shall
be
propounded
to
them
out
of
such
Catechism
,
by
their
Parents
or
masters
,
or
any
of
the
Select
men
when
they
shall
call
them
to
a
tryal
,
of
what
they
have
learned
in
that
kind
.
And
farther
that
all
Parents
and
Masters
do
breed
and
bring
up
their
chilren
and
apprentices
in
some
honest
lawfull
Calling
,
Labour
or
imployment
,
either
in
husbandry
or
some
other
trade
,
Children
to
be
brought
up
in
some
calling
.
profitable
for
themselvs
and
the
Common-wealth
,
if
they
will
not
or
cannot
train
them
up
in
learning
,
to
fit
them
for
higher
imployments
.
And
if
any
of
the
Select
men
;
after
admonition
by
them
given
to
such
masters
of
families
,
shall
find
them
still
negligent
of
their
duty
in
the
particulars
afore
mentioned
,
Unruly
children
plac●d
cut
by
Select
men
.
whereby
Children
and
servants
become
rude
,
stubborn
,
and
unruly
:
the
said
Select
men
with
the
help
of
two
Magistrates
,
or
the
next
County
Court
for
that
Shire
,
shall
take
such
children
or
apprentices
from
them
,
and
place
them
with
some
Masters
for
yeares
,
(
boyes
till
they
come
to
twenty
one
,
and
girles
eighteen
yeares
of
age
compleat
)
which
will
more
strictly
look
unto
,
and
force
them
to
submit
unto
Government
,
according
to
the
rules
of
this
Order
,
if
by
fair
meanes
and
former
instructions
they
will
not
be
drawn
unto
it
.
[
1642.
]
2.
Forasmuch
as
it
appeareth
by
too
much
experience
,
that
diverse
Children
and
Servants
,
A.
54.
P.
6.
do
behave
themselves
disobediently
and
disorderly
towards
their
Parents
,
Masters
and
Governours
;
to
the
disturbance
of
families
,
and
discouragement
of
such
Parents
and
Governours
;
Disobedient
Children
&
Servants
punished
by
one
Magistrat
It
is
Ordered
by
this
Court
and
Authority
thereof
,
That
it
shall
be
in
the
Power
of
any
one
Magistrate
,
by
warrant
directed
to
the
Constable
of
that
Town
where
such
offender
dwells
,
upon
complaint
,
to
call
before
him
any
such
offender
,
and
upon
conviction
of
such
misdemeanors
,
to
sentence
him
to
endure
such
Corporal
punishment
,
by
whipping
or
otherwise
,
as
in
his
judgment
the
Merit
of
the
fact
shall
deserve
,
not
exceeding
ten
stripes
for
one
offence
,
or
bind
the
offender
to
make
his
appearance
at
the
next
County
Court
;
Or
by
the
Commissioners
.
And
further
it
is
also
Ordered
,
that
the
Commissioners
of
Boston
,
and
the
three
Commissioners
of
each
Town
where
no
Magistrate
dwells
,
shall
have
the
like
Power
;
Provided
that
the
person
or
persons
so
sentenced
,
shall
have
liberty
to
make
their
Appeale
to
the
next
County
Court
,
in
any
such
cases
.
3.
Vpon
Information
of
diverse
loose
,
vain
and
corrupt
persons
,
both
such
as
come
from
Forrain
parts
,
as
also
some
others
here
inhabiting
or
residing
,
A.
51.
P.
4.
which
insinuate
themselves
into
the
fellowship
of
the
young
people
of
this
Country
,
drawing
them
both
by
night
and
by
day
,
from
their
callings
,
studyes
and
honest
occupations
,
and
lodging
places
,
to
the
dishonour
of
God
,
and
grief
of
their
Parents
,
Masters
,
Tutors
,
Guardians
and
Overseers
&c
:
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
whosoever
shall
any
wayes
cause
or
suffer
any
Young
people
or
persons
whatsoever
,
whether
Children
,
servants
,
apprentices
,
Persons
under
government
not
to
be
entertained
in
common
houses
.
Schollars
belonging
to
the
Colledg
,
or
any
Latine
school
,
to
spend
any
of
their
time
or
estate
,
by
night
or
by
day
,
in
his
or
their
Company
,
Ship
or
other
vessell
,
Shop
or
house
,
whether
Ordinary
,
Tavern
,
victualing
house
,
Cellar
or
other
place
where
they
have
to
do
,
and
shall
not
from
time
to
time
,
discharge
and
hasten
all
such
Youths
to
their
several
imployments
and
places
of
abode
,
or
lodging
aforesaid
,
if
their
being
in
any
such
place
be
known
to
them
,
or
any
other
servant
or
help
in
the
family
,
or
supplying
the
place
of
a
servant
at
Sea
or
on
land
:
that
then
such
person
,
housholder
,
,
shop-keeper
,
ship-master
,
ordinary-keeper
,
taverner
,
victualer
,
or
other
;
shall
forfeit
the
summ
of
forty
shillings
upon
legal
conviction
before
any
Magistrate
,
On
penalty
of
forty
shillings
.
Commissioners
Authorized
to
end
small
causes
,
one
halfe
to
the
informer
,
the
other
halfe
to
the
Country
;
and
all
Constables
in
their
several
Limits
are
Required
to
Act
herein
as
is
provided
in
reference
to
the
Law
concerning
Inkeepers
.
4.
Whereas
sundry
Gentlemen
of
quality
,
and
others
,
oft
times
send
over
their
Children
into
this
Country
to
some
friends
here
,
hopeing
(
at
least
)
thereby
to
prevent
their
Extravagant
and
riotous
courses
;
who
notwithstanding
(
by
meanes
of
some
unadvised
or
ill
affected
persons
,
which
give
them
credit
,
in
expectation
their
friends
either
in
favour
to
them
,
or
prevention
of
blemish
to
themselves
,
will
discharge
their
debts
)
they
are
no
less
lavish
and
profuse
here
,
to
the
great
grief
of
their
friends
,
dishonour
of
God
,
reproach
of
the
Country
;
Debts
made
by
persons
under
age
not
recoverable
.
It
is
therefore
Ordered
by
this
Court
,
That
if
any
person
after
publication
hereof
,
shall
any
way
give
credit
to
any
such
Youth
,
or
other
person
under
one
and
twenty
yeares
of
age
,
without
order
from
their
friends
here
or
else
where
under
their
hands
in
writing
,
they
shall
loose
their
debt
what
ever
it
be
;
And
further
,
if
such
Youth
or
person
incur
any
penalty
by
such
meanes
,
and
have
not
wherewith
to
pay
,
such
person
or
persons
as
are
occasions
thereof
,
shall
pay
it
,
as
the
delinquents
in
the
like
case
should
do
.
[
1647.
]
Parents
denying
marriage
&c.
5.
If
any
person
shall
willfully
and
unreasonably
deny
any
Child
,
timely
or
convenient
marriage
,
or
shall
excercise
any
unnatural
severity
toward
them
;
such
children
shall
have
liberty
to
complaine
to
Authority
for
redress
in
such
cases
.
[
1641.
]
6.
No
Orphan
,
dureing
their
minority
,
which
was
not
committed
to
tuition
or
service
by
their
Parents
in
their
life
time
,
Orphans
not
be
disposed
on
without
a
Court
shall
afterwards
be
absolutely
disposed
of
by
any
,
without
the
consent
of
some
Court
,
wherein
two
Assistants
(
at
least
)
shall
be
present
,
except
in
case
of
marriage
,
in
which
the
approbation
of
the
major
part
of
the
Select
men
of
that
Town
,
or
any
one
of
the
next
Assistants
shall
be
sufficient
,
and
the
minority
of
women
in
case
of
marriage
,
shall
be
sixteen
yeares
.
[
1646.
]
Chirurgions
,
Midwives
,
Physitians
.
FORasmuch
as
the
Law
of
God
allowes
no
man
to
impaire
the
Life
,
or
Limbs
of
any
Person
,
L.
2.
P.
3.
but
in
a
judicial
way
;
It
is
therefore
Ordered
,
That
no
person
or
persons
whatsoever
,
imployed
at
any
time
about
the
bodyes
of
men
,
women
or
children
,
for
preservation
of
life
or
health
;
as
Chirurgions
,
Midwives
,
Physitians
or
others
,
presume
to
excercise
,
or
put
forth
any
act
contrary
to
the
known
approved
Rules
of
Art
,
No
force
or
violence
to
be
used
in
any
case
with
:
out
consent
&c.
in
each
Mystery
and
occupation
,
nor
excercise
any
force
,
violence
or
cruelty
upon
,
or
towards
the
body
of
any
,
whether
young
or
old
,
(
no
not
in
the
most
difficult
and
desperate
cases
)
without
the
advice
and
consent
of
such
as
are
skillfull
in
the
same
Art
,
(
if
such
may
be
had
)
or
at
least
of
some
of
the
wisest
and
gravest
then
present
,
and
consent
of
the
patient
or
patients
if
they
be
mentis
compotes
,
much
less
contrary
to
such
advice
and
consent
;
upon
such
severe
punishment
as
the
nature
of
the
fact
may
deserve
,
which
Law
nevertheless
,
is
not
intended
to
discourage
any
from
all
lawfull
use
of
their
skill
,
but
rather
to
incourage
and
direct
them
in
the
right
use
thereof
,
and
inhibit
and
restreine
the
presumptuous
arrogancy
of
such
as
through
prefidence
of
their
own
skill
,
or
any
other
sinister
respects
,
dare
boldly
attempt
to
excercise
any
violence
upon
or
towards
the
bodyes
of
young
or
old
,
one
or
other
,
to
the
prejudice
or
hazard
of
the
life
or
limbe
of
man
,
woman
or
child
.
[
1649
]
Clerke
of
the
Writts
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
;
That
(
notwithstanding
every
Magistrate
hath
power
to
graunt
Warrants
,
L.
2.
P.
13.
Summons
and
Attachments
)
in
every
Town
within
this
Jurisdiction
,
there
shall
henceforth
be
a
Clerke
of
the
Writts
,
nominated
by
each
Town
,
and
allowed
by
each
Shire
Court
;
to
grant
Summons
and
Attachments
in
all
Civil
Actions
;
at
the
liberty
of
the
Plaintiffe
,
and
Summons
for
Witnesses
;
Clerks
sees
,
and
the
said
Clerks
are
allowed
to
grant
Replevins
,
and
to
take
Bond
with
sufficient
security
of
the
party
to
prosecute
the
Suite
,
whose
Fees
shall
be
,
for
every
Warrant
two
pence
,
a
Replevin
or
Attachment
three
pence
,
Warrants
directed
to
the
Constable
.
and
for
a
Bond
four
pence
.
And
all
Attachments
are
to
be
directed
to
the
Constables
,
in
such
Townes
where
there
is
no
Marshal
dwelling
.
[
1641
]
It
is
Ordered
,
Clerk
of
the
Writts
to
Respond
the
Marshalls
fees
of
3
d
Attachment
.
That
henceforth
the
Clerke
of
the
Writts
shall
demaund
of
such
as
receive
Attachments
of
them
,
three
pence
a
peece
more
then
formerly
,
in
behalfe
of
the
Marshal
General
,
which
shall
be
in
liew
of
that
three
pence
on
Attachments
,
by
a
former
Law
he
was
to
receive
of
the
Constable
or
County
Marshal
,
and
that
the
Constables
shall
have
but
twelve
pence
upon
an
Attachment
as
formerly
.
[
1660
]
COLLEDGE
.
WHereas
through
the
good
hand
of
God
upon
us
,
there
is
a
Colledge
founded
in
Cambridge
in
the
County
of
Middlesex
,
called
Harvard
Colledge
;
for
the
incouragement
whereof
,
this
Court
hath
given
the
Summ
of
four
hundred
pounds
,
and
also
the
Revenue
of
the
Ferry
bewixt
Charles-town
and
Boston
;
and
that
the
well
Ordering
and
mannaging
of
the
said
Colledge
is
of
great
concernment
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
That
the
Governour
,
and
Deputy
Governour
for
the
time
being
,
and
all
the
Magistrates
of
this
Jurisdiction
,
Commissioners
and
Fe●s
fees
of
the
Colledge
.
together
with
the
teaching
Elders
of
the
six
next
adjoyning
Townes
,
viz:
Cambridge
,
Watertowne
,
Charles-towne
,
Boston
,
Roxbury
and
Dorchester
,
and
the
President
of
the
said
Colledge
for
the
time
being
,
To
make
Orders
shall
from
time
to
time
have
full
Power
and
Authority
to
make
and
establish
all
such
Orders
,
Statutes
and
Constitutions
,
as
they
shall
see
necessary
for
the
Instituting
,
Guiding
and
furthering
of
the
said
Colledge
,
and
several
members
thereof
,
from
time
to
time
,
in
Piety
,
Morallity
and
Learning
,
and
also
to
dispose
,
Dispose
of
Gifts
and
Revenues
.
order
and
mannage
to
the
use
and
behoofe
of
the
said
Colledge
and
members
thereof
,
all
Gifts
,
Legacies
,
Bequeaths
,
Revenues
,
Lands
and
Donations
,
as
either
have
been
,
are
,
or
shall
be
Conferred
,
Bestowed
,
or
any
wayes
shall
fall
,
or
come
to
the
said
Colledge
.
And
whereas
it
may
come
to
pass
,
that
many
of
the
said
Magistrates
and
said
Elders
may
be
absent
,
or
otherwise
imployed
about
other
weighty
Affaires
,
when
the
said
Colledge
may
need
their
present
Help
and
Counsell
;
It
is
therefore
Ordered
,
that
the
greater
number
of
Magistrates
and
Elders
,
which
shall
be
present
with
the
President
,
shall
have
the
Power
of
the
whole
;
Provided
that
if
any
Constitution
,
Order
or
Orders
by
them
made
,
shall
be
found
hurtfull
unto
the
said
Colledge
,
or
the
members
thereof
,
or
to
the
Weal-publick
,
then
upon
Appeal
of
the
Party
or
Parties
grieved
,
unto
the
company
of
Overseers
first
mentioned
,
they
shall
Repeal
the
said
Order
or
Orders
(
if
they
shall
see
cause
)
at
their
next
meeting
,
or
stand
accountable
thereof
to
the
next
General
Court
.
[
1636.
40.
42.
]
2.
Whereas
we
cannot
but
acknowledge
the
great
goodnes
of
God
towards
his-People
in
this
Wilderness
,
A.
54.
P.
2.
in
raysing
up
Schooles
of
Learning
,
and
especially
the
Colledge
,
from
whence
there
hath
sprung
many
Instruments
,
both
in
Church
and
Common-wealth
,
both
to
this
and
other
places
:
And
whereas
at
present
the
work
of
the
Colledge
hath
been
several
wayes
obstruct●d
,
and
seems
yet
also
at
present
,
for
want
of
comfortable
maintenance
,
for
the
incouragement
of
a
President
:
This
Court
takeing
the
same
into
their
serious
consideration
,
and
finding
that
though
many
Propositions
have
been
made
for
a
voluntary
Contribution
,
yet
nothing
hath
hitherto
been
obtained
from
severall
persons
and
Townes
,
although
some
have
done
very
liberally
and
freely
,
and
fearing
least
we
should
shew
our selves
ungratefull
to
God
,
or
unfaithfull
to
posterity
,
if
so
good
a
Seminary
of
Knowledge
and
Virtue
should
fall
to
the
ground
through
any
neglect
of
ours
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
That
(
besides
the
Profit
of
the
Ferry
formerly
granted
to
the
Colledge
,
which
shall
be
continued
)
there
shall
be
yearly
Levyed
by
Addition
to
the
Country
Rate
one
hundred
pounds
,
One
hundred
pounds
given
by
the
Court
to
the
President
and
Fellows
.
to
be
payd
by
the
Treasurer
of
the
Country
to
the
Colledge
Treasurer
,
for
the
behoofe
and
maintenance
of
the
President
and
Fellows
,
to
be
distributed
between
the
President
and
Fellows
according
to
the
determination
of
the
Overseers
of
the
Colledge
,
and
this
to
continue
,
dureing
the
pleasure
of
the
Country
.
And
it
is
hereby
Ordered
,
That
no
man
shall
stand
engaged
to
pay
his
voluntary
Contribution
,
that
he
hath
under-written
,
by
virtue
of
this
Courts
propositions
,
and
that
such
persons
as
have
allready
done
voluntarily
,
shall
be
considered
for
the
same
in
the
Country
Rate
,
such
a
proportion
as
this
addition
of
one
hundred
pounds
doth
adde
to
the
Rate
,
to
be
allowed
by
the
Constable
to
each
person
,
and
by
the
Treasurer
to
the
Constable
.
[
1659
]
CONDEMNED
.
IT
is
Ordered
by
this
Court
;
That
no
man
Condemned
to
dye
,
shall
be
put
to
Death
within
four
dayes
next
after
his
condemnation
,
None
to
be
executed
within
4
dayes
after
Condemnation
.
unles
the
Court
see
special
cause
to
the
contrary
,
or
in
case
of
Marshal
Law
:
nor
shall
the
Body
of
any
man
so
put
to
death
,
be
unburied
twelve
houres
,
unless
it
be
in
case
of
Anotomie
.
[
1641
]
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
the
Secretary
for
the
time
being
,
shall
from
time
to
time
,
Signe
all
Warrants
for
the
execution
of
persons
sentenced
to
Death
,
Signing
of
Warrants
for
execution
.
either
in
the
General
Court
or
Court
of
Assistants
:
and
that
the
Secretary
or
Clerke
of
every
Court
shall
signe
Warrants
for
executions
in
all
other
judgements
of
Courts
Civil
or
Criminal
;
any
Custome
or
usage
to
the
contrary
notwithstanding
.
[
1668
]
CONSTABLES
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
,
That
the
Constable
shall
Whip
,
Constable
to
whip
.
or
Punish
any
to
be
punished
by
Order
of
Authority
(
where
there
is
not
another
Officer
apointed
to
do
it
)
in
their
own
Townes
,
unless
they
can
get
another
to
do
it
;
A.
55.
P.
26
Also
every
Constable
is
Impowered
and
hereby
Enjoyned
,
faithfully
to
Collect
such
Rates
and
Assessments
as
shall
from
time
to
time
be
committed
unto
them
,
To
Collect
town
Rat.
〈◊〉
.
by
the
Select
men
of
the
several
Towns
,
provided
it
be
by
Warrant
under
their
hand
.
2.
It
is
further
Ordered
;
That
any
and
every
Person
tendered
to
any
Constable
of
this
Jurisdiction
,
by
any
Constable
or
other
Officer
,
To
convey
of
senders
.
of
our
owne
,
or
belonging
to
any
Forraine
Jurisdiction
in
this
Country
,
or
by
Warrant
from
any
such
Authority
;
shall
be
presently
received
and
conveyed
forthwith
from
Constable
to
Constable
,
till
they
be
brought
to
the
place
to
which
they
are
sent
,
or
before
some
Magistrate
of
this
Jurisdiction
,
who
shall
dispose
of
them
as
the
justice
of
the
cause
shall
require
.
Hues
&
cryes
to
be
pursued
.
And
all
Hues
&
cryes
shall
be
duely
received
and
diligently
pursued
to
full
effect
;
And
where
no
Magistrate
is
neer
,
To
be
put
forth
by
the
Constable
every
Constable
shall
have
full
power
to
make
,
signe
,
and
put
forth
,
pursuites
or
Hues
&
cryes
,
after
Murderers
,
Manslayers
,
Peace-breakers
,
Theeves
,
Robbers
,
Burglarers
,
and
other
Capital
offenders
,
as
also
to
Apprehend
without
warrant
,
Offenders
to
be
Apprehended
.
such
as
are
overtaken
with
Drinke
,
Swearing
,
Sabbath-breaking
,
Lying
,
Vagrant
persons
,
Night-walkers
;
Provided
they
be
taken
in
the
manner
,
either
by
the
sight
of
the
Constable
,
or
by
present
information
from
others
.
As
also
to
make
search
for
all
such
persons
,
either
on
the
Sabbath
day
or
other
,
when
there
shall
be
occasion
,
in
all
houses
Licensed
to
sell
either
Beer
or
Wine
,
or
in
any
other
suspected
or
disordered
places
,
and
those
to
Apprehend
and
keep
in
safe
custody
,
till
opportuinity
serve
to
bring
them
before
one
of
the
next
Magistrates
,
to
further
examination
;
Provided
when
any
Constable
is
imployed
by
any
of
the
Magistrates
,
for
Apprehending
of
any
person
,
he
shall
not
do
it
without
Warrant
in
writing
;
All
to
assist
the
Constable
on
penalty
of
10.
●s
.
And
if
any
person
shall
refuse
to
assist
any
Constable
,
in
the
execution
of
his
Office
,
in
any
of
the
things
afore
mentioned
,
being
by
him
required
thereto
,
they
shall
pay
for
neglect
thereof
ten
shillings
,
to
the
use
of
the
Country
,
to
be
levyed
by
Warrant
from
any
Magistrate
,
before
whom
any
such
offender
shall
be
brought
,
and
if
it
appear
by
good
testimony
,
Willfull
neglect
forty
shilligs
.
that
any
shall
willfully
,
obstinately
,
or
contemptuously
refuse
or
neglect
to
assist
any
Constable
as
is
before
expressed
,
he
shall
pay
to
the
use
of
the
Country
forty
shillings
.
And
that
no
man
may
plead
ignorance
for
such
neglect
or
refusall
;
It
is
Ordered
,
that
every
Constable
shall
have
a
Black
staff
,
of
five
foot
long
,
Tipped
at
the
upper
end
about
five
inches
with
brass
,
Constable
Staf●
.
as
a
Badge
of
his
Office
,
which
he
shall
take
with
him
when
he
goeth
to
discharge
any
part
of
his
Office
;
which
staff
shall
be
provided
at
the
charge
of
the
Town
,
and
if
any
Magistrate
,
Constable
,
or
any
other
upon
urgent
occasion
,
Not
raysing
Hue
and
cries
in
Capital
c●s●s
f●●●
.
shall
refuse
to
do
their
best
endeavour
,
in
raysing
and
prosecuting
Hues
&
cryes
,
by
foot
,
and
if
need
be
by
horse
,
after
such
as
have
committed
Capital
Crimes
,
they
shall
forfeit
for
every
such
offence
to
the
use
aforesaid
fourty
shillings
.
[
1646.
]
For
the
Regulating
and
settling
the
charge
of
prosecution
of
Hues
&
cryes
,
It
is
Ordered
,
that
what
shall
Arise
by
occasion
of
escape
from
the
Countrys
prison
,
or
flight
from
Authority
to
avoyd
the
same
,
shall
be
payd
by
the
Treasurer
of
the
Country
,
and
such
as
Arise
by
flying
fom
any
of
our
County
prisons
,
or
to
escape
any
of
them
,
shall
be
defrayed
by
the
Treasurer
of
that
County
where
the
occasion
did
arise
.
Charge
of
Hues
and
cries
.
And
such
persons
as
procure
Hues
&
cryes
upon
their
own
particular
occasions
,
shall
bear
all
the
charge
arising
therefrom
;
provided
due
accompts
be
made
by
such
as
demand
pay
.
[
1660.
]
Conveyances
,
Deeds
and
Writings
.
FOR
the
prevention
of
Clandestine
and
uncertaine
Sales
and
Titles
;
A.
52.
P.
15.
It
is
Ordered
and
Declared
by
this
Court
,
That
henceforth
no
Sale
or
Alienation
of
Houses
and
Lands
,
within
this
Jurisdiction
,
shall
be
holden
good
in
Law
,
except
the
same
be
done
by
Deed
in
writing
,
under
hand
and
Seal
,
No
sale
of
Land
vallid
without
Deed
&
cs
and
Delivered
,
and
Possession
give
upon
part
in
the
name
of
the
whole
,
by
the
Seller
or
his
Atturney
,
so
Authorized
under
hand
and
Seal
;
unless
the
said
Deed
be
acknowledged
and
Recorded
according
to
Law
.
[
1652.
]
2.
Whereas
the
unskilfullnes
of
some
,
A.
51.
P.
2.
that
make
Deeds
and
Conveyances
of
Houses
and
Land
,
the
word
Heire
is
oftentimes
Omitted
,
when
as
an
Estate
of
Inheritance
is
intended
to
be
passed
by
the
Parties
;
whereupon
Questions
and
Suites
at
Law
are
apt
to
arise
:
For
the
prevention
whereof
for
time
to
come
;
This
Court
Ordereth
;
That
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
Lands
respectively
,
to
the
Partie
or
Grantee
,
his
Heires
and
Assignes
for
ever
;
How
Deeds
and
Conveyances
are
to
be
made
.
or
if
it
be
an
Estate
entayled
,
then
to
Have
and
to
Hold
&c
:
to
the
Partie
or
Grantee
,
and
to
the
Heires
of
his
body
Lawfully
begotten
,
or
to
the
Heires
Male
of
his
body
Lawfully
begotten
,
between
him
and
such
an
one
his
wife
,
or
to
Have
and
to
Hold
to
the
Grantee
for
terme
of
life
,
or
for
so
many
yeares
;
Provided
this
Law
shall
not
include
former
Deeds
and
Conveyances
,
but
leave
them
in
the
same
condition
,
as
they
were
or
shall
be
in
before
this
Law
takes
effect
,
which
shall
be
at
the
last
of
October
one
thousand
,
six
hundred
,
and
fifty
one
,
Provided
also
that
this
Law
shall
not
extend
to
Houses
or
Lands
given
by
Will
or
Testament
,
or
to
any
Land
granted
,
or
to
be
granted
by
the
Inhabitants
of
a
Towne
.
[
1651.
]
3.
It
is
Ordered
,
L.
1.
P.
16.
That
no
Conveyance
,
Deed
or
Promise
whatsoever
,
shall
be
of
Validity
,
if
it
be
obtained
by
illegal
Violence
,
Imprisonment
,
Threatning
,
Debts
obtained
by
force
invallid
or
any
kind
of
Forcible
compulsion
,
called
Dures
.
[
1641.
]
And
all
Covenous
or
Fraudulent
Alienations
or
Conveyances
of
Lands
,
Tenements
,
or
any
Hereditaments
,
shall
be
of
no
force
or
validity
,
to
Defeate
any
man
from
his
due
Debts
or
Legacies
,
Fraudulent
Deeds
invallid
.
or
from
any
just
Title
,
claime
or
possession
,
of
that
which
is
so
Fraudulently
conveyed
.
4.
And
for
the
avoyding
all
Fraudulent
conveyances
,
and
that
every
man
may
know
what
Estate
or
Interest
,
other
men
may
have
in
any
Houses
,
Lands
or
other
Hereditament
,
they
are
to
deale
in
;
It
is
Ordered
by
the
Authority
of
this
Court
;
That
after
the
end
of
October
,
one
Thousand
,
six
hundred
and
forty
,
no
Mortgage
,
Bargain
,
Sale
,
Sales
to
be
●●knowled●●d
and
Recorded
or
Grant
made
,
of
any
Houses
,
Lands
,
Rents
or
other
Hereditaments
,
where
the
Granter
remaines
in
Possession
,
shall
be
of
any
Force
against
other
persons
,
except
the
Granter
and
his
Heires
,
unless
the
same
be
acknowledged
before
some
Magistrate
,
and
Recorded
,
as
is
hereafter
expressed
:
And
that
no
such
Bargain
,
Sale
or
Grant
already
made
in
way
of
Mortgage
,
where
the
Granter
remains
in
possession
,
shall
be
of
Force
against
other
,
but
the
Granter
or
his
heires
,
except
the
same
shall
be
entred
as
is
hereafter
expressed
within
one
Month
after
the
date
before
mentioned
,
if
the
party
be
within
this
Jurisdiction
,
or
elsewere
,
within
three
Months
after
he
shall
return
;
And
if
any
such
Granter
being
required
by
the
Grantee
his
Heires
or
Assignes
,
to
make
an
Acknowledgment
of
any
Grants
,
Party
refusing
to
acknowledge
his
Deed
to
be
imprisoned
.
Sale
,
Bargain
or
Mortgage
by
him
made
,
shall
refu●e
so
to
do
,
it
shall
be
in
the
Power
of
any
Magistrate
to
send
for
the
partie
so
refusing
,
and
commit
him
to
prison
without
Baile
or
Mainprise
,
until
he
shall
acknowledge
the
same
,
and
the
Grantee
is
to
enter
his
Caution
with
the
Recorder
of
the
County
Court
,
and
this
shall
save
his
Interest
in
the
mean
time
;
Grantee
to
enter
his
Caution
.
And
if
it
be
Doubtfull
whether
it
be
the
Deed
and
Grant
of
the
party
,
he
shall
be
bound
with
Sureties
to
the
next
Court
of
Assistants
,
and
the
Caution
shall
remaine
good
as
aforesaid
.
And
for
the
Recording
of
all
such
Grants
,
Sales
,
Mortgages
;
It
is
Ordered
,
that
the
Clerke
of
every
Shire
Court
shall
Enter
all
such
Grants
,
Sales
,
Bargains
,
Mortgages
of
Houses
,
Lands
,
Clerke
of
the
Court
to
enter
Deeds
.
Rents
and
Hereditaments
as
aforesaid
,
together
with
the
names
of
the
Granter
and
Grantee
,
Thing
and
Estate
granted
,
together
with
the
Date
thereof
.
[
1641
,
42.
]
COVNCIL
.
THIS
Court
considering
how
the
weighty
Affaires
of
this
Jurisdiction
,
whether
they
Concern
this
peculiarly
,
or
have
Reference
to
the
rest
of
our
Confederated
Colonies
,
may
be
duely
and
speedily
Transacted
,
in
the
Vacancy
of
the
General
Court
,
for
the
satisfaction
of
the
Commissioners
,
in
respect
of
the
weighty
and
suddain
occasions
which
may
be
then
in
hand
;
Council
how
●o
bec●●led
together
.
Doth
hereby
Express
and
Declare
,
that
the
General
Court
ought
to
be
called
by
the
Governour
,
when
the
importancy
of
the
busines
doth
require
it
,
and
that
time
and
opportunity
will
safely
admit
the
same
;
and
that
all
other
necessary
matters
are
to
be
Ordered
and
dispatched
by
the
Major
part
of
the
Coucil
of
the
Common-wealth
:
And
therefore
to
that
end
,
Letters
signifiing
breifly
the
busines
,
and
the
time
and
place
of
meeting
for
Consultation
ought
to
be
sent
unto
the
Assistants
.
How
many
may
Act.
Also
it
is
hereby
Declared
,
that
Seven
of
the
said
Assistants
meeting
,
the
Governour
or
Deputy
Governour
being
one
,
is
a
sufficient
Assembly
to
Act
,
by
Impressing
of
Souldiers
or
otherwise
as
need
shall
be
,
and
in
case
of
extream
and
urgent
necessity
,
when
endeavours
are
reasonably
used
to
call
together
the
Assistants
,
and
the
busines
will
not
admit
delay
,
then
the
Acts
of
so
many
as
do
Assemble
,
are
to
be
accounted
and
are
accounted
Vallid
and
sufficient
:
Also
it
is
intended
,
that
the
General
words
afore
mentioned
,
containe
in
them
Power
to
Impress
and
send
forth
Souldiers
,
and
all
manner
of
Victuals
,
Their
power
.
Vessels
at
Sea
,
Carriages
and
all
other
necessaries
,
and
to
send
Warrants
to
the
Treasurer
to
pay
for
the
same
.
[
1645
]
COVNSEL
.
ADVICE
.
IT
is
Ordered
by
this
Court
;
L.
2.
P.
4.
That
it
shall
not
be
Lawfull
for
any
person
to
aske
Counsel
or
Advice
of
any
Magistrate
,
or
Commissioner
in
Townes
,
in
any
Case
wherein
afterwards
he
shall
or
may
be
Plaintiffe
,
before
such
Magistrate
or
Commissioner
,
None
to
aske
Counsel
of
Magi●●rate
or
Commis
.
in
civil
act
.
under
penalty
of
being
disinabled
to
prosecute
any
such
Action
,
(
that
he
hath
so
propounded
or
taken
advice
as
aforesaid
,
)
at
the
next
Court
where
the
case
shall
come
to
Tryal
,
being
pleaded
by
way
of
Barr
,
either
by
the
Defendant
or
any
on
his
behalfe
;
in
which
Case
the
Plaintiffe
shall
pay
full
Costs
to
the
Defendant
,
and
if
the
Defendant
ask
Cousel
or
Advice
as
aforesaid
,
he
shall
forfeit
ten
shillings
for
every
such
offence
to
the
Plaintiffe
.
COVRTS
.
IT
is
hereby
Declared
,
That
the
General
Court
consisting
of
Magistrates
and
Deputies
,
L
2.
P.
10
,
13.
is
the
chief
Civil
Power
of
this
Common-wealth
;
which
onely
hath
Power
to
Raise
Money
and
Taxes
upon
the
whole
Country
,
and
dispose
of
Lands
,
viz.
to
Give
and
Confirme
Proprieties
,
appertaining
to
and
immediately
derived
from
the
Country
;
General
Court
the
Cheif
power
.
and
may
Act
in
all
affaires
of
this
Common-wealth
according
to
such
Power
,
both
in
matters
of
Counsel
,
makeing
of
Lawes
,
and
matters
of
Judicature
,
by
Impeaching
and
Sentencing
any
person
or
persons
according
to
Law
,
and
by
receiving
and
hearing
any
Complaints
orderly
presented
against
any
person
or
Court
;
And
it
is
Agreed
,
that
this
Court
will
not
proceed
to
Judgement
in
any
Cause
,
Civil
or
Criminal
,
before
the
Deputyes
have
taken
this
Oath
following
.
[
1634
,
42
,
44.
]
I
Doe
Swear
by
the
most
great
and
dreadfull
Name
of
the
Everliving
God
,
that
in
all
Cases
wherein
I
am
to
deliver
my
Vote
or
Sentence
,
against
any
Criminal
Offence
,
or
between
Parties
in
any
Civil
case
;
I
will
deale
uprightly
and
justly
,
Deputys
Oath
,
according
to
my
judgement
and
conscience
;
And
I
will
according
to
my
skill
and
ability
,
Assist
in
all
other
Publick
affaires
of
this
Court
,
Faithfully
and
Truely
,
according
to
the
Duty
of
my
place
,
when
I
shall
be
present
to
attend
the
service
.
2.
Forasmuch
as
after
long
Experience
,
L.
1.
P.
16.
diverse
inconveniences
are
found
in
the
manner
of
proceeding
in
this
Court
,
by
Magistrates
and
Deputies
sitting
together
:
Magistrates
and
Deputys
to
sitt
apart
It
is
therefore
Ordered
by
this
Court
and
Authority
thereof
;
That
henceforth
the
Magistrates
sitt
apart
,
and
Act
all
business
belonging
to
this
Court
,
by
themselves
;
by
drawing
up
Bills
and
Orders
,
as
they
shall
see
good
in
their
wisedom
,
which
haveing
agreed
upon
,
they
may
present
to
the
Deputies
to
be
considered
,
and
accordingly
to
give
their
Consent
or
Dissent
:
The
Deputies
in
like
manner
sitting
by
themselves
,
and
consulting
about
such
Orders
and
Laws
,
as
they
in
their
discretion
and
experience
shall
finde
meet
for
the
Common
good
;
which
agreed
on
by
them
,
they
may
present
to
the
Magistrates
,
who
haveing
considered
thereof
;
may
manifest
their
Consent
or
Dissent
thereto
;
And
no
Law
,
Order
or
Sentence
shall
pass
,
L.
1.
P.
5●
.
or
be
accounted
an
Act
of
this
Court
,
without
consent
of
the
greater
part
of
the
Magistrates
on
the
one
party
,
and
the
greater
number
of
Deputies
on
the
other
party
;
But
all
Orders
and
Conclusions
that
have
passed
by
Approbation
of
Magistrates
and
Deputyes
as
aforesaid
,
shall
be
accounted
Acts
of
this
Court
,
No
Act
to
p●●●
without
consent
o●
the
major
part
of
both
.
and
accordingly
be
Ingrossed
,
which
on
the
last
of
day
every
Session
shall
be
deliberately
Read
over
before
the
whole
Court
;
Provided
that
if
the
Magistrates
and
Deputies
shall
happen
to
differ
in
any
case
of
Judicature
,
either
Civil
or
Criminal
,
such
Case
shall
be
determined
by
the
Major
Vote
of
the
whole
Court
met
together
.
3.
FOR
the
Electing
of
the
Governour
,
Deputy
Governour
,
Assistants
and
General
Officers
,
upon
the
day
appointed
by
our
Patent
,
to
hold
our
yearly
Election
,
being
the
last
Wednesday
of
every
Easter
Tearm
;
Day
of
Election
to
be
a●●●ded
without
Summons
.
It
is
Solemnly
and
Unanimously
Decreed
and
Established
;
That
henceforth
,
the
Freemen
of
this
Jurisdiction
,
shall
either
in
Person
or
by
Proxy
,
without
any
Summons
Attend
and
Consummate
the
Elections
on
the
day
aforesaid
yearly
;
at
which
time
also
they
shall
send
their
Deputyes
with
full
Power
to
consult
of
and
determine
such
matters
,
Deputies
also
to
be
sent
.
as
concern
the
Welfare
of
this
Common-wealth
;
From
which
General
Court
,
no
Magistrate
or
Deputy
shall
depart
or
be
discharged
,
without
the
consent
of
the
Major
part
both
of
Magistrates
and
Deputies
,
None
to
depart
without
leave
.
during
the
first
four
dayes
of
the
first
Session
,
under
the
penalty
of
one
hundred
pounds
,
nor
afterwards
under
such
penalty
as
the
Court
shall
impose
,
Provided
that
the
Deputies
of
Dover
,
and
of
such
other
Townes
as
are
not
by
Law
bound
to
send
Deputies
,
are
at
liberty
of
attending
any
after
Sessions
.
[
1643
,
53.
]
4.
It
is
hereby
Ordered
and
declared
,
that
the
Governour
and
Deputy
Governour
,
joyntly
agreeing
,
or
any
three
Assistants
consenting
,
L.
1.
P.
24.
have
power
out
of
Court
to
Reprieve
a
condemned
Malefactor
,
Governour
and
Deputy
Governor
three
Assistant
to
review
one
condemned
.
till
the
next
Court
of
Assistants
,
or
General
Court
;
and
that
the
General
Court
onely
hath
Power
to
Pardon
a
condemned
Melefactor
.
Also
it
is
declared
,
that
the
General
Court
hath
Authority
to
send
forth
into
Forraine
parts
,
any
member
of
this
Common-wealth
,
General
Court
may
send
forth
any
person
.
of
whatsoever
quality
,
conditon
,
office
or
relation
,
about
any
publick
Message
or
Negotiation
,
Provided
the
Party
so
sent
be
acquainted
with
the
Affaires
he
goeth
about
,
and
be
willing
to
undertake
the
Service
.
[
1641
]
5.
It
is
Ordered
by
this
Court
,
that
the
Governour
,
L.
1.
P.
36
,
24.
Deputy
Governour
,
or
greater
part
of
the
Assistants
,
may
upon
urgent
occasion
call
a
General
Court
at
any
time
;
Power
to
call
a
General
Court
Not
to
be
di●solved
,
but
by
consent
But
no
General
Court
shall
be
dissolved
or
adjourned
,
without
the
consent
of
the
Major
part
thereof
.
6.
It
is
Ordered
and
declared
,
that
the
Governour
shall
have
a
casting
Vote
,
wheresoever
there
shall
be
an
aqui-vote
,
in
the
Courts
of
Assistants
or
General
Court
,
&
the
President
,
or
Moderator
in
all
Courts
of
Civil
Assemblies
.
[
1641
]
The
Court
being
sensible
of
the
great
necessity
of
maintaing
the
Authority
of
Courts
and
Magistrates
;
Doth
Order
,
That
whosoever
shall
openly
or
willingly
defame
any
Court
of
Justice
,
L.
1.
P.
36.
or
the
Sentences
and
Proceedings
of
the
same
,
or
any
of
the
Magistrates
,
or
other
Judges
of
any
such
Court
,
in
respect
of
any
act
or
sentence
therein
passed
,
Reproach
Court
,
or
Magistrates
and
be
convicted
thereof
;
shall
be
punished
for
the
same
,
penalty
.
by
whipping
,
fine
,
imprisonment
,
dis-franchisment
,
or
banishment
,
as
the
quality
or
measure
of
the
offence
shall
deserve
.
And
if
any
Magistrate
or
other
member
of
any
Court
,
shall
use
any
reproachfull
or
unbeseeming
speeches
or
behaviour
,
towards
any
Magistrate
,
Judge
,
Offences
of
the
members
of
the
Court
in
Court
how
censured
.
or
member
of
that
Court
,
in
the
face
of
the
Court
;
he
shall
bee
sharply
reproved
by
the
Governour
or
President
of
the
said
Court
,
and
if
the
quality
of
the
offence
be
such
as
shall
deserve
a
further
Censure
,
or
if
the
person
so
reproved
shall
reply
again
without
leave
;
the
Court
may
proceed
to
punish
any
such
offender
,
by
fine
or
imprisonment
,
or
may
bind
him
over
to
the
next
superiour
Court.
And
if
in
a
General
Court
,
any
miscariage
shall
be
amongst
the
Magistrates
,
when
they
are
by
themselves
,
it
shall
be
examined
and
sentenced
amongst
themselves
,
if
amongst
the
Deputyes
when
they
are
by
themselves
,
it
shall
be
examined
and
sentenced
when
they
are
by
themselves
,
if
it
be
when
the
whole
Court
is
together
,
it
shall
be
judged
by
the
whole
Court.
[
1637
,
41.
]
7.
For
the
better
Administration
of
Justice
,
and
easing
of
the
Country
of
unnecessary
charges
and
travaile
;
L.
1.
P.
14.
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
there
bee
two
Courts
of
Assistants
yearly
kept
at
Boston
,
Two
Courts
of
Assistants
.
by
the
Governour
,
or
Deputy
Governour
and
the
rest
of
the
Magistrates
,
on
the
first
Tuesday
of
the
first
month
,
and
on
the
first
Tuesday
of
the
seventh
month
,
to
hear
and
determine
all
,
their
power
.
and
onely
actions
of
Appeale
from
inferiour
Courts
,
all
Causes
of
divorce
,
all
Capital
and
Criminal
Causes
,
extending
to
Life
,
Member
or
Banishment
.
And
that
Justice
be
not
deferred
,
nor
the
Country
needlesly
charged
;
L.
3.
P.
5.
It
shall
be
Lawfull
for
the
Governour
,
or
in
his
absence
the
Deputy
Governour
(
as
they
shall
judge
necessary
)
to
call
a
Court
of
Assistants
for
the
Tryall
of
any
Malefactour
in
Capital
Causes
.
Governour
may
call
a
Court
of
Assistants
Also
there
shall
be
County
Courts
held
in
the
several
Countyes
,
by
the
Magistrates
living
in
the
respective
Counties
,
or
any
other
Magistrates
that
can
attend
the
same
,
or
by
such
Magistrates
as
the
General
Court
shall
appoint
from
time
to
time
;
L.
1.
P.
14
,
15.
together
with
such
persons
of
worth
,
where
there
shall
be
need
,
as
shall
from
time
to
time
be
appointed
by
the
General
Court
(
at
the
nomination
of
the
Freemen
of
the
County
)
to
be
joyned
in
Commission
with
the
Magistrates
,
County
Courts
so
that
they
may
be
Five
in
all
,
who
keep
them
Three
whereof
may
keep
a
Court
,
provided
there
be
one
Magistrate
;
Every
of
which
Courts
shall
have
full
power
to
hear
and
determine
all
Causes
,
How
many
judges
Civil
and
Criminal
,
not
extending
to
Life
,
Member
or
Banishment
,
(
which
with
Causes
of
divorce
,
are
reserved
to
the
Court
of
Assistants
)
and
to
make
and
constitute
Clerks
and
other
needfull
Officers
,
their
Power
.
and
to
Summon
Juryes
of
Inquest
,
and
Tryals
out
of
the
Towns
of
the
County
;
Provided
no
Jurors
shall
be
warned
from
Salem
to
Ipswich
,
nor
from
Ipswich
to
Salem
,
and
the
times
and
places
for
holding
the
County
Courts
shall
be
as
followeth
.
SVFFOLK
.
-
Boston
the
last
tuesday
of
the
second
Month.
-
The
last
tuesday
of
the
fifth
Month.
Time
and
pl●
of
the
County
Courts
.
-
The
last
tuesday
of
the
eighth
Month.
-
And
the
last
tuesday
of
the
eleventh
Month.
NORFOLK
.
-
Salisbury
the
second
tuesday
of
the
second
Month.
-
Hampton
the
second
tuesday
of
the
eighth
Month.
ESSEX
.
-
Salem
the
last
tuesday
of
the
fourth
Month.
-
And
the
last
tuesday
of
the
ninth
Month.
-
Ipswich
the
last
tuesday
of
the
first
Month.
-
And
the
last
tuesday
of
the
seventh
Month.
PASCATAQVA
.
-
Dover
the
last
tuesday
of
the
fourth
Month.
-
Portsmouth
the
last
tuesday
of
the
fourth
Month.
MIDDLESEX
.
-
Charlstown
the
third
tuesday
of
the
fourth
Month.
-
And
the
third
tuesday
of
the
tenth
Month.
-
Cambridge
the
first
tuesday
of
the
second
Month.
-
And
the
first
tuesday
of
the
eighth
Month.
YORKSHIRE
.
-
York
the
first
tuesday
of
the
fifth
Month.
HAMPSHIRE
.
-
North-Hampton
the
last
tuesday
of
the
first
Month.
-
Springfield
the
last
tuesday
of
the
seventh
Month.
A
Judgement
acknowledged
before
any
two
Magistrates
and
the
Secretary
of
Clerk
of
any
Court
,
shall
be
good
in
Law
,
L.
2.
p.
7.
Judgement
acknowledged
before
two
Magistrates
.
and
the
Clerks
Fee
for
Recording
the
same
shall
be
twelve
pence
,
and
if
the
Secretary
or
Clerk
be
a
Magistrate
,
he
with
one
Magistrate
may
do
it
.
8.
For
the
more
speedy
dispatch
of
all
Causes
which
shall
concern
Strangers
,
who
cannot
without
prejudice
stay
to
attend
the
ordinary
Courts
of
Justice
;
L.
1.
p.
15.
It
is
Ordered
,
that
the
Governour
or
Deputy
Governour
,
with
any
two
Magistrates
,
or
when
the
Governour
,
Special
Courts
for
Strangers
Deputy
Governour
cannot
attend
it
,
that
any
three
Magistrates
shall
have
power
upon
the
request
of
such
Stranger
,
to
call
a
special
Court
to
hear
and
determine
all
Causes
civil
and
criminal
(
triable
in
any
County
Court
according
to
the
manner
of
proceeding
in
County
Courts
)
which
shall
arise
between
such
Strangers
,
or
wherein
any
such
Stranger
shall
be
party
.
Records
of
special
Courts
to
be
transmitt●d
to
the
Court
of
Assistants
.
And
all
Records
of
such
proceedings
,
shall
be
transmitted
to
the
Records
of
the
Court
of
Assistants
,
to
be
entred
as
trials
in
other
Courts
(
which
shall
be
at
the
charge
of
the
party
cast
or
condemned
in
the
case
.
[
1639.
]
L.
2.
P.
15.
Strangers
liberty
to
sue
at
any
Court
.
It
is
further
Ordered
that
it
shall
be
lawful
for
any
Stranger
,
upon
legal
Summons
,
to
enter
any
Action
in
any
Court
of
this
Jurisdiction
,
against
any
person
not
residing
or
Inhabitant
amongst
us
.
9.
For
preventing
all
occasions
of
partial
or
undue
proceedings
,
L.
1.
P.
36.
in
Courts
of
Justice
and
avoiding
of
jealousies
;
It
is
Ordered
,
that
in
every
civil
Cause
,
between
Party
and
Party
,
where
there
is
between
any
Judge
of
the
Court
,
Judges
related
to
parties
not
to
give
Sentence
.
and
any
of
the
parties
,
the
Relation
of
Father
and
Son
,
either
by
Nature
or
Marriage
,
Brother
and
Brother
,
Uncle
and
Nephew
,
Landlord
and
Tenent
in
matters
of
considerable
value
:
Such
Judge
,
though
he
may
have
liberty
to
give
reasonable
Advice
in
the
case
,
yet
shall
have
no
power
to
Vote
or
give
Sentence
therein
;
neither
shall
sit
as
a
Judge
,
when
he
shall
so
plead
or
give
Advice
therein
.
[
1635.
]
L.
1.
P.
16.
Offender
to
be
Judged
the
next
Court.
10.
It
is
Ordered
by
this
Court
;
that
every
person
,
that
is
to
Answer
for
any
criminal
Cause
,
whether
in
Prison
or
under
Bayle
;
his
Cause
shall
be
heard
and
determined
at
the
next
Court
that
hath
proper
cognizance
thereof
,
if
it
may
be
done
without
prejudice
of
Justice
.
[
1641.
]
11.
Forasmuch
as
the
proceedings
of
this
Court
are
often
hindred
by
introducing
particular
cases
of
a
private
nature
;
A.
54.
P.
2.
In
difficult
cas●s
Courts
may
consult
with
the
General
Court
It
is
therefore
Ordered
,
that
no
Court
shall
transfer
the
Cases
comeing
before
them
,
and
proper
to
their
cognizance
,
whether
civil
or
criminal
,
but
if
there
be
difficulty
in
any
case
the
Court
shall
state
the
Question
,
leaving
out
the
parties
Names
,
and
may
present
the
same
to
the
General
Court
,
where
it
may
be
resolved
;
and
according
to
the
said
resolution
of
the
General
Court
,
the
Inferiour
Court
that
presented
the
Question
,
shall
at
their
next
meeting
proceed
to
Judgement
or
Sentence
.
[
1654.
]
L.
2.
P.
4.
County
Courts
may
admit
Freemen
12.
Every
Court
within
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
certifie
their
Names
to
the
Secretary
at
the
next
General
Court
.
[
1641.
]
It
is
Ordered
that
the
Secretary
at
the
request
of
all
such
as
are
admitted
to
the
freedome
of
this
Colony
or
any
in
their
behalf
,
Freemens
names
to
be
Recorded
give
a
true
copy
out
of
this
Courts
Records
of
their
Names
by
them
to
be
delivered
to
the
Clerks
or
Recorders
of
those
Courts
in
the
several
Counties
to
which
they
do
belong
,
with
a
copy
of
the
Oath
of
Freemen
as
it
is
now
stated
,
that
they
may
there
take
their
Oathes
,
&c.
[
1666.
]
Courts
Ajournments
.
WHereas
through
the
extremity
of
the
seasons
in
this
Country
,
or
other
accidents
that
often
happen
,
that
Courts
of
Justice
are
sometimes
put
by
to
the
great
prejudico
of
Justice
;
This
Court
doth
therefore
Order
,
that
henceforth
it
shall
be
in
the
power
of
any
one
or
more
of
the
Magistrates
,
being
present
at
the
time
and
place
where
the
Court
is
to
be
kept
,
to
Adjourne
the
said
Court
to
some
more
convenient
time
,
as
though
the
whole
Court
had
been
met
;
Courts
Ajournments
.
and
all
Jury-men
,
Witnesses
and
Parties
summoned
to
attend
the
Court
,
either
in
Civil
or
Criminal
Cases
,
according
to
their
respective
Summons
,
Obligations
,
Attachments
or
other
Process
are
hereby
bound
to
such
Ajournments
,
and
all
proceedings
to
remain
in
force
as
though
the
ordinary
course
of
time
had
been
attended
.
[
1661.
]
CRVELTY
.
IT
is
Ordered
by
this
Court
,
Cruelty
That
no
man
shall
exercise
any
Tyranny
or
Cruelty
towards
any
Bruit
Creatures
,
which
are
usually
kept
for
the
use
of
Man
.
[
1641.
]
Death
Vntimely
.
Untimely
death
to
be
inquired
by
a
Jury
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
whensoever
any
Person
shall
come
to
any
suddain
,
untimely
or
unnatural
death
;
some
Assistant
or
the
Constable
of
the
Town
,
shall
forthwith
Summon
a
Jury
of
twelve
discreet
Men
to
inquire
of
the
cause
and
manner
of
their
Death
,
who
shall
present
a
true
verdict
thereof
to
some
near
Assistant
,
or
the
next
County
Court
upon
their
Oath
.
[
1641.
]
DEBTS
by
BOOK
.
ON
Complaint
,
and
consideration
of
sundry
Inconveniences
both
to
Creators
and
Debtors
,
through
want
of
seasonable
examination
and
ballancing
of
Book-accompts
;
It
is
Ordered
,
and
by
this
Court
Enacted
,
that
all
such
Book-debts
as
are
now
standing
out
,
or
that
hereafter
shall
be
made
,
and
that
shall
not
within
three
years
after
publication
hereof
,
Book
debts
to
be
Ballance
within
3
years
.
or
within
three
years
after
such
debt
as
hereafter
shall
be
made
,
be
accounted
for
or
ballanced
with
the
Original
Debtor
or
his
Attorney
,
Agent
,
Assigne
,
or
other
lawful
Successor
or
Substitute
,
and
on
Accompt
or
Ballance
thereof
,
assured
by
Specialty
given
for
it
,
or
witnessed
by
subscribing
the
Debtor
or
other
Accomptants
Name
to
the
Creditors
Book
,
or
Subscription
of
the
Witnesses
to
such
Accompt
,
shall
not
be
pleadable
in
any
Court
;
unless
such
Book-debt
shall
within
the
time
before
limited
,
be
prosecuted
or
proved
in
such
Court
as
hath
proper
cognizance
thereof
,
by
Evidence
competent
and
approved
by
the
said
Court
:
And
the
Evidence
there
Recorded
,
and
the
Record
thereof
,
shall
secure
that
Creditor
,
his
Executors
and
Assignes
,
unless
the
Debtor
or
his
Assignes
shall
disprove
the
same
,
within
one
year
after
such
proof
made
,
or
recovery
of
the
said
Debt
,
if
such
Debtor
,
his
or
her
Agent
,
Attorney
,
Assigne
,
Substitute
,
Executor
,
Administrator
or
other
lawful
successor
,
be
or
shall
be
within
this
Jurisdiction
,
or
elsewhere
,
and
have
due
notice
from
the
Creditor
thereof
.
Deputies
for
the
General
Court
:
Deputies
chosen
by
paper
.
IT
is
Ordered
by
this
Court
and
the
Authority
hereof
,
that
henceforth
it
shall
be
lawful
for
the
Freemen
of
every
Town
,
to
chuse
(
by
Papers
)
Deputies
for
the
General
Court
;
who
have
liberty
to
meet
together
,
to
confer
and
prepare
such
publick
business
,
as
by
them
shall
be
thought
fit
to
be
considered
of
at
the
next
General
Court
,
Their
power
who
also
shall
have
the
full
power
of
all
the
Freemen
deputed
to
them
,
for
the
making
and
establishing
of
Laws
,
granting
Lands
,
and
to
deal
in
all
other
affaires
of
the
Common-wealth
,
wherein
the
Freemen
have
to
do
,
the
matter
of
Election
of
Magistrates
and
other
Officers
onely
excepted
:
wherein
every
Freeman
is
to
give
in
his
Vote
;
Provided
that
no
Town
shall
send
more
then
two
Deputies
,
and
no
Town
that
hath
not
to
the
number
of
twenty
Freemen
shall
send
more
then
one
Deputy
;
Number
of
Deputies
to
be
sent
from
particular
Towns
.
and
such
Plantations
as
have
not
ten
Freemen
shall
fend
none
,
but
such
Freemen
may
Vote
with
the
next
Town
,
in
the
choice
of
their
Deputies
,
till
this
Court
take
further
Order
.
And
all
Towns
that
have
not
more
then
thirty
Freemen
,
A.
53.
shall
be
at
liberty
of
sending
or
not
sending
Deputies
to
the
General
Court
.
[
1636.
38.
53.
]
Liberty
to
chuse
Deputies
dwelling
any where
in
this
Jurisdiction
2.
And
the
Free
men
of
any
shire
or
town
,
have
liberty
to
choose
such
Deputies
for
the
Generall
Court
,
either
in
their
own
shire
Town
,
or
else
where
as
they
judge
fittest
,
so
be
it
they
be
Freemen
,
and
Inhabiting
this
Jurisdiction
.
Deputies
may
order
their
own
house
And
when
the
Deputies
for
the
several
Towns
are
met
together
at
any
General
Court
,
it
shall
be
lawful
for
them
or
the
major
part
of
them
,
to
hear
and
determine
any
difference
that
may
arise
about
the
Election
of
any
of
their
Members
,
and
to
order
what
may
concern
the
well
ordering
of
their
body
.
And
because
we
cannot
foresee
what
variety
and
weight
of
occasions
may
,
fall
into
future
consideration
,
and
what
Counsels
we
may
stand
in
need
of
;
It
is
Ordered
that
the
Deputies
of
the
General
Court
,
shall
not
at
any
time
be
stated
and
continued
but
from
Court
to
Court
,
No
Deputies
to
hold
longer
then
one
year
.
or
at
most
but
for
a
year
,
that
the
Country
may
have
an
annual
liberty
,
to
do
in
that
case
what
is
most
behoofful
for
the
welfare
thereof
.
[
1641.
34.
35.
]
A.
54.
p.
3.
Deputies
to
be
Orthodox
And
it
is
further
Ordered
,
that
no
man
although
a
Freeman
shall
be
accepted
as
a
Deputy
in
the
General
Court
,
that
is
unsound
in
Judgement
,
concerning
the
main
points
of
Christian
Religion
,
as
they
have
been
held
forth
and
acknowledged
by
the
generality
of
the
Protestant
Orthodox
Writers
;
or
that
is
scandalous
in
his
conversation
,
or
that
is
unfaithful
to
this
Government
.
And
it
is
further
Ordered
,
that
it
shall
not
be
lawful
for
any
Freeman
to
make
choice
of
any
such
person
as
aforesaid
,
that
is
known
to
himself
to
be
under
such
offence
or
offences
specified
,
upon
pain
or
penalty
of
five
pounds
,
and
the
Cases
of
such
persons
to
be
tried
by
the
whole
General
Court
.
[
1654.
]
And
henceforth
the
Constables
of
each
Town
,
shall
return
the
name
of
the
person
or
persons
chosen
by
the
Freemen
to
be
Deputies
for
the
General
Court
,
and
the
time
for
which
they
are
chosen
,
Constable
to
return
who
●re
chosen
Deputies
and
for
what
time
.
whether
for
the
first
Session
or
for
the
whole
year
.
And
every
Constable
that
shall
faile
in
his
duty
herein
shall
forfeit
the
sum
of
twenty
shillings
,
to
be
paid
to
the
common
Treasury
;
and
all
persons
so
chosen
as
aforesaid
,
accepting
thereof
,
which
shall
be
absent
from
the
house
,
during
the
time
of
their
sitting
,
without
just
grounds
so
judged
by
the
house
,
shall
pay
twenty
shillings
a
day
for
every
such
defect
,
and
the
several
returns
of
each
Constable
,
shall
be
kept
on
file
by
the
Clerk
of
the
Deputies
untill
the
Court
be
ended
.
[
1654.
]
Common
Attorney
no
Deputy
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
no
person
who
is
an
usual
and
common
Attorney
in
any
Inferiour
Court
,
shall
be
admitted
to
sit
as
a
Deputy
in
this
Court
.
DISTRESSE
.
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
stuffe
,
nor
any
thing
subject
to
present
decay
,
shall
be
taken
in
Distress
,
Distress
upon
Corn
or
Hay
&c
unless
he
that
takes
it
doth
presently
bestow
it
where
it
may
not
be
imbezled
,
nor
suffer
spoile
or
decay
,
or
give
security
to
satisfie
the
worth
thereof
,
if
it
comes
to
any
harm
.
[
1641.
]
DOWRIES
.
FOrasmuch
as
no
provision
hath
been
made
for
any
certain
maintenance
of
Wives
after
the
decease
of
their
Husbands
;
Wives
to
enjoy
the
third
of
their
Husbands
Lands
,
&c.
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
every
Married
Woman
,
(
living
with
her
Husband
in
this
Juri
diction
,
or
other
where
absent
from
him
with
his
consent
,
or
through
his
meer
default
,
or
inevitable
providence
,
or
in
case
of
Divorce
,
where
she
is
the
innocent
party
)
that
shall
not
before
Marriage
be
estated
by
way
of
joynture
,
in
some
Houses
,
Lands
,
Tenements
or
other
Hereditaments
for
tearm
of
life
,
shall
immediately
after
the
death
of
her
Husband
,
have
Right
and
Interest
by
way
of
Dowry
,
in
and
to
one
third
part
of
all
such
Houses
,
Lands
,
Tenements
and
Hereditaments
,
as
her
Husband
was
seized
of
to
his
own
use
,
either
in
possession
,
Reversion
or
Remainder
,
in
any
Estate
of
Inheritance
,
(
or
Frank-tenement
not
then
determined
)
at
any
time
during
the
Marriage
,
to
have
and
enjoy
for
the
tearm
of
her
natural
life
,
according
to
the
Estate
of
such
Husband
,
free
and
freely
discharged
of
,
and
from
all
Titles
,
Debts
,
Rents
,
Charges
,
Judgements
,
Executions
and
other
Incumbrances
whatsoever
,
had
,
made
or
suffered
by
her
Husband
,
during
the
said
Marriage
between
them
,
or
by
any
other
person
claiming
by
,
from
or
under
him
,
or
otherwise
,
then
by
some
Act
or
Consent
of
such
Wife
signified
by
writing
under
her
hand
,
L.
2.
p.
5.
and
acknowledged
before
some
Magistrate
or
others
,
Authorized
thereunto
,
which
shall
bar
her
from
any
Right
or
Interest
in
such
Estate
.
And
if
the
Heir
of
the
Husband
or
other
person
Interested
,
shall
not
within
one
Month
after
lawful
demand
made
,
Widdows
third
part
to
be
set
out
.
assigne
and
set
out
to
such
Widdow
her
just
third
part
with
conveniency
,
or
to
her
satisfaction
,
according
to
the
intent
of
this
Law
,
then
upon
a
Writ
of
Dowry
,
in
the
Court
of
that
Shire
where
the
said
Houses
,
Lands
,
Tenements
or
other
Hereditaments
shall
lye
,
or
in
the
Court
of
Assistants
,
if
the
same
lye
in
several
Shires
;
her
third
part
or
Dowry
shall
be
assigned
her
,
to
be
set
out
in
several
,
by
Mets
and
Bounds
,
by
such
persons
as
the
same
Court
shall
appoint
for
that
purpose
,
with
all
costs
and
damages
sustained
;
Provided
alwayes
this
Law
shall
not
extend
to
any
Houses
,
Lands
,
Tenements
or
other
Hereditaments
sold
or
conveyed
away
by
any
Husband
Bona
fide
,
for
valuable
consideration
before
the
last
of
November
one
thousand
six
hundred
and
forty
seven
.
Provided
also
that
every
such
widdow
so
endowed
as
aforesaid
,
shall
not
commit
or
suffer
any
strip
or
waste
,
Not
to
suffer
strip
or
waste
.
but
shall
maintain
all
such
Houses
,
Fences
and
Inclosures
as
shall
be
assigned
to
her
for
her
Dowry
,
and
shall
leave
the
same
in
good
and
sufficient
reparation
in
all
respects
.
[
1641.
]
DROVERS
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
if
any
man
shall
have
occasion
to
lead
,
or
drive
Cattle
from
place
to
place
that
is
far
off
,
so
that
they
be
weary
,
or
hungry
,
or
fall
sick
or
lame
,
it
shall
be
lawfull
to
rest
and
refresh
them
for
a
competent
time
in
any
open
place
that
is
not
Corn
,
Meadow
or
inclosed
for
some
particular
use
.
[
1641.
]
ECCESIASTICAL
.
ALL
the
People
of
God
within
this
Jurisdiction
,
who
are
not
in
a
Church-way
,
and
be
Orthodox
in
Judgement
,
and
not
Scandalous
in
life
,
Liberty
to
gather
Churches
Shall
have
full
liberty
to
gather
themselves
into
a
Church
Estate
,
provided
they
do
it
in
a
Christian
way
,
with
the
observation
of
the
Rules
of
Christ
revealed
in
his
Word
.
with
approbation
of
Magistrate
,
&
Elders
Provided
also
,
that
the
General
Court
doth
not
,
nor
will
hereafter
approve
of
any
such
companies
of
men
,
as
shall
joyn
in
any
pretended
way
of
Church-fellowship
,
unless
they
shall
acquaint
three
or
more
Magistrates
dwelling
next
,
and
the
Elders
of
the
Neighbour
Churches
where
they
intend
to
joyn
and
have
their
approbation
therein
.
2.
It
is
further
Ordered
,
that
no
person
being
a
Member
of
any
Church
which
shall
be
gathered
without
the
approbation
of
the
Magistrates
and
the
said
Churches
,
shall
be
admitted
to
the
freedome
of
this
Common-wealth
.
3.
Every
Church
hath
free
liberty
to
exercise
all
the
Ordinances
of
God
,
according
to
the
Rule
of
the
Scripture
.
To
chuse
Church
Officers
.
4.
Every
Church
hath
free
liberty
of
Election
and
Ordination
of
all
her
Officers
from
time
to
time
,
provided
they
be
able
,
pious
and
Orthodox
.
5.
Every
Church
hath
also
free
liberty
of
Admission
,
Recommendation
,
Dismission
and
expulsion
,
Members
or
Disposal
of
their
Officers
and
Members
upon
due
Cause
,
,
with
free
Exercise
of
the
Discipline
and
Censures
of
Christ
,
according
to
the
Rules
of
the
Word
.
No
Humane
Institutions
6.
No
Injunction
shall
be
put
upon
any
Church
,
Church
officer
or
Member
in
point
of
Doctrine
,
Worship
or
Discipline
,
whether
for
Substance
or
Circumstance
besides
the
Institution
of
the
Lord
.
7.
Every
Church
of
Christ
,
hath
freedome
to
Celebrate
dayes
of
Fasting
and
Prayer
and
of
Thanksgiving
,
according
to
the
Word
of
God
.
Elders
meeting
8.
The
Elders
of
Churches
and
other
Brethren
and
Messengers
,
have
liberty
to
meet
Monthly
,
Quarterly
or
otherwise
,
in
convenient
Numbers
and
Places
for
Conference
and
Consultation
,
about
Christian
and
Church
Questions
and
Occasions
,
provided
that
nothing
be
concluded
and
imposed
by
way
of
Authority
from
one
or
more
Churches
upon
another
,
but
onely
by
way
of
Brotherly
Conference
and
Consultation
.
9.
All
Churches
also
have
liberty
to
deal
with
any
of
their
Members
in
a
Church
way
,
that
are
in
the
hands
of
Justice
,
so
it
be
not
to
retard
and
hinder
the
course
thereof
.
10.
Every
Church
hath
liberty
to
deal
with
any
Magistrate
,
Deputy
of
Court
or
other
Officer
whatsoever
,
that
is
a
Member
of
theirs
,
in
a
Church
way
,
in
case
of
apparent
and
just
offence
given
in
their
places
,
so
it
be
done
with
due
observance
and
respect
.
Churches
liberty
to
deal
with
their
members
.
But
no
Church
Censure
shall
degrade
or
depose
any
man
from
any
Civil
Dignity
,
Office
or
Authority
he
shall
have
in
the
Common-wealth
.
11.
The
Civil
Authority
here
established
,
hath
power
and
liberty
to
see
the
Peace
,
Ordinances
and
Rules
of
Christ
be
observed
in
every
Church
,
according
to
his
Word
as
also
to
deal
with
any
Church-member
in
a
way
of
Civil
Justice
,
notwithstanding
any
Church
Relation
,
Office
or
Interest
.
Private
meetings
12.
Private
meetings
for
Edification
in
Religion
,
amongst
Christians
of
all
sorts
,
shall
be
allowed
,
so
it
be
done
without
just
offence
,
for
number
,
time
,
place
and
other
circumstances
.
[
1641.
]
13.
The
Treasurer
of
the
Country
,
shall
defray
the
charges
of
the
Elders
of
our
Churches
when
they
are
imployed
by
special
Order
of
the
General
Court
.
L.
2.
p.
7.
[
1642.
]
Whereas
it
is
the
duty
of
the
Christian
Magistrate
to
take
care
the
People
be
fed
with
wholesome
and
sound
Doctrine
,
and
in
this
hour
of
temptation
wherein
the
Enemy
designeth
to
sow
corrupt
seed
.
A.
58.
Every
company
cannot
be
thought
able
or
fit
,
to
judge
of
the
Gospel
qualifications
required
in
the
publick
dispensers
of
the
Word
,
and
all
Societies
of
Christians
are
bound
to
attend
Order
and
Communion
of
Churches
,
Constant
preachers
to
be
without
offence
.
considering
also
the
rich
blessing
of
God
,
flowing
from
the
good
agreement
of
the
Civil
and
Church-estate
,
and
the
horrible
mischiefs
and
confusions
that
follow
on
the
contrary
;
It
is
therefore
Ordered
,
that
henceforth
no
person
shall
publickly
and
constantly
Preach
to
any
company
of
People
,
whether
in
Church
Society
or
not
,
or
be
Ordained
to
the
Office
of
a
Teaching
Elder
,
where
any
two
Organick
Churches
,
Council
of
State
,
or
General
Court
shall
declare
their
dissatisfaction
thereat
,
either
in
reference
to
Doctrine
or
Practise
,
the
said
Offence
being
declared
to
the
said
company
of
People
,
Church
or
Person
,
untill
the
Offence
be
orderly
removed
;
and
in
case
of
Ordination
of
any
Teaching
Elder
,
timely
notice
thereof
shall
be
given
unto
three
or
four
of
the
neighbouring
Organick
Churches
,
for
their
approbation
.
[
1658
]
14.
Forasmuch
as
the
open
contempt
of
Gods
Word
,
and
Messengers
thereof
,
is
the
desolating
sin
of
Civil
State
and
Churches
;
It
is
Ordered
,
that
if
any
Christian
(
so
called
)
within
this
Jurisdiction
,
shall
contemptuously
behave
himself
,
towards
the
Word
Preached
,
or
the
Messengers
thereof
,
Open
opposers
of
the
word
.
called
to
dispense
the
same
in
any
Congregation
,
when
he
doth
faithfully
execute
his
service
and
Office
therein
,
according
to
the
Will
and
Word
of
God
;
either
by
interrupting
him
in
his
Preaching
,
or
by
charging
him
falsely
with
any
Error
,
which
he
hath
not
taught
in
the
open
face
of
the
Church
,
or
like
a
son
of
Korah
,
cast
upon
his
true
Doctrine
,
or
himself
any
Reproach
to
the
dishonour
of
the
Lord
Jesus
who
hath
sent
him
,
and
to
the
disparagement
of
his
holy
Ordinance
,
and
making
Gods
wayes
contemptible
and
ridiculous
:
that
every
such
person
or
persons
(
whatsoever
censure
the
Church
may
pass
)
shall
for
the
first
Scandal
be
convented
and
reproved
openly
by
the
Magistrate
at
some
Lecture
,
and
bound
to
their
good
behaviour
.
And
if
a
second
time
they
break
forth
into
the
like
contemptuous
carriages
,
they
shall
either
pay
five
pounds
to
the
publick
Treasury
,
or
stand
two
hours
openly
upon
a
Block
or
Stool
,
four
foot
high
,
on
a
Lecture
day
,
with
a
paper
fixed
on
his
breast
,
written
in
Capital
Letters
,
AN
OPEN
AND
OBSTINATE
CONTEMNER
OF
GODS
HOLY
ORDINANCES
,
that
others
may
hear
and
be
ashamed
of
breaking
out
into
the
like
wickedness
.
[
1●46
.
]
And
every
Christian
as
aforesaid
,
that
shall
go
about
to
destroy
or
disturb
the
Order
and
Peace
of
the
Churches
established
in
this
Jurisdiction
,
by
open
renouncing
their
Church
estate
,
or
their
Ministry
,
L.
2.
p.
5.
or
other
Ordinances
dispensed
in
them
,
either
upon
pretence
that
the
Churches
were
not
planted
by
any
new
Apostle
,
Disturbers
of
order
and
peace
of
Churches
penalty
.
or
that
Ordinances
are
for
carnal
Christians
,
or
for
Babes
in
Christ
,
and
not
for
spiritual
or
illuminated
persons
,
or
upon
any
other
such
like
groundless
conceit
;
every
such
person
who
shall
be
found
culpable
herein
,
after
due
means
of
conviction
,
shall
forfeit
to
the
publick
Treasury
,
forty
shillings
for
every
month
,
so
long
as
he
shall
continue
in
that
his
obstinacy
.
[
1646.
]
15.
Wherever
the
Ministry
of
the
Word
is
E●tablished
,
according
to
the
Order
of
the
Gospel
throughout
this
Jurisdiction
;
Every
person
shall
duely
resort
and
attend
thereunto
respectively
on
the
Lords
dayes
,
and
upon
such
publick
Fast
dayes
,
Absence
from
Meeting
and
dayes
of
Thanksgiving
,
as
are
to
be
generally
observed
by
appointment
of
Authority
.
And
if
any
person
within
this
Jurisdiction
shall
without
just
and
necessary
cause
,
withdraw
himself
from
the
publick
Ministry
of
the
Word
,
after
due
means
of
conviction
used
,
he
shall
forfeit
for
his
absence
from
every
such
publick
meeting
five
shillings
.
And
all
such
offences
may
be
heard
and
determined
from
time
to
time
,
by
any
one
or
more
Magistrates
.
[
1646.
]
16.
To
the
end
there
may
be
convenient
Habitations
for
the
Ministers
of
the
Word
;
It
is
Ordered
,
that
the
Inhabitants
of
every
Town
,
shall
take
care
to
provide
the
same
,
either
by
hiring
some
convenient
House
,
Ministers
houses
how
to
be
provided
for
for
the
use
of
the
present
Minister
,
or
by
compounding
with
him
,
allowing
him
a
competent
and
reasonable
sum
to
provide
for
himself
,
so
long
as
he
shall
continue
with
them
,
or
by
building
or
purchasing
an
house
for
the
Minister
and
his
successors
in
the
Ministry
,
as
the
major
part
of
the
said
Inhabitants
shall
agree
.
And
the
particular
sums
assessed
upon
each
person
by
a
just
Rate
,
shall
be
collected
and
levyed
as
other
Town
Rates
.
17.
That
there
may
be
a
settled
and
incouraging
maintenance
of
Ministers
in
all
Towns
and
Congregations
within
this
Jurisdiction
.
A.
54.
p.
6.
It
is
Ordered
,
that
the
County
Court
in
every
Shire
,
shall
upon
information
given
them
of
any
defect
,
of
any
Congregation
or
Town
within
the
Shire
,
Provision
for
Ministers
maintenance
order
and
appoint
what
maintenance
shall
be
allowed
to
the
Minister
of
the
place
,
and
shall
issue
out
warrants
co
the
Select
men
to
assess
the
Inhabitants
,
which
the
Constable
of
the
said
Town
shall
collect
and
levy
as
other
Town
Rates
.
And
it
is
hereby
Declared
to
be
our
intention
that
an
honourable
allowance
be
made
to
the
Minister
,
respecting
the
ability
of
the
place
,
and
if
any
Town
shall
finde
themselves
burdened
by
the
Assessments
of
the
County
Court
,
they
may
complain
to
the
Court
,
which
will
at
all
times
be
ready
to
give
just
release
to
all
men
.
[
1654.
]
IT
being
the
great
duty
of
this
Court
,
to
provide
that
all
Places
and
People
within
our
Gates
be
supplied
of
an
able
and
faithful
Minister
of
Gods
Holy
Word
;
Be
it
therefore
Ordered
and
Enacted
by
this
Court
and
the
Authority
thereof
,
That
the
County
Courts
in
their
respective
precincts
,
do
diligently
and
carefully
attend
the
execution
of
such
Orders
of
this
Court
,
as
concerns
the
maintenance
of
the
Ministry
,
and
the
purging
of
their
Towns
and
Peculiars
from
such
Ministry
and
publick
preachers
as
shall
be
found
vicious
in
their
lives
,
Provision
for
an
able
Ministry
.
or
perniciously
Hetrodox
in
their
Doctrine
;
and
for
all
places
destitute
of
an
able
and
faithful
Ministry
,
that
they
use
their
best
endeavour
for
the
procuring
and
setling
of
such
faithfull
Labourers
in
Gods
Vineyard
,
and
that
the
charges
of
their
procuring
,
and
setling
,
be
levyed
on
the
Inhabitants
,
as
the
Law
for
maintenance
of
Ministers
directs
;
and
that
for
the
future
there
may
be
no
neglect
hereof
:
the
Presidents
of
each
County
Court
,
shall
duely
from
time
to
time
give
it
in
charge
to
the
Grand-juries
of
their
respective
Courts
,
to
present
all
abuses
and
neglects
of
this
kinde
,
and
that
with
all
care
and
diligence
the
same
be
redressed
,
that
so
the
Name
of
the
Lord
our
God
being
known
in
our
dwellings
,
and
exalted
in
our
gates
,
he
may
still
delight
in
us
,
to
continue
his
favourable
presence
with
us
,
and
our
unparaleld
enjoyments
both
temporal
and
spiritual
,
which
through
the
rich
mercy
of
God
in
Christ
hitherto
we
have
enjoyed
,
and
not
be
provoked
through
our
prophane
slightings
and
despising
thereof
,
to
bereave
us
and
our
posterities
of
such
choice
Mercies
.
[
1660.
]
WHereas
the
Christian
Magistrate
is
bound
by
the
Word
of
God
to
preserve
the
Peace
,
Order
or
Liberty
of
the
Churches
of
Christ
,
and
by
all
due
means
to
promote
Religion
in
Doctrine
and
Discipline
,
according
to
the
Word
of
God
;
and
whereas
by
our
Law
,
tit
.
Ecclesiastical
,
Sect.
4.
It
is
Ordered
and
Declared
,
Choice
of
Church
Officers
.
that
every
Church
hath
free
liberty
of
Calling
,
Election
and
Ordination
of
all
her
Officers
,
from
time
to
time
,
provided
they
be
able
,
pious
,
and
Orthodox
:
For
the
better
explanation
of
the
said
Law
,
and
as
an
addition
thereunto
,
this
Court
doth
Order
and
Declare
,
and
be
it
hereby
Ordered
and
Enacted
,
that
by
the
Church
,
is
to
be
meant
,
such
as
are
in
full
Commumon
only
;
and
that
the
teaching
Officer
or
Officers
of
such
Church
or
Churches
,
we
do
intend
shall
be
the
Minister
or
Ministers
to
all
the
People
in
that
Town
where
such
Church
or
Churches
are
planted
;
and
that
no
Inhabitant
in
any
Town
shall
challenge
a
right
unto
,
or
act
in
the
Calling
or
Election
of
such
Officer
or
Minister
,
until
he
be
in
full
communion
,
upon
the
penalty
of
being
accounted
a
disturber
of
peace
and
order
,
and
to
be
punished
by
the
Court
of
that
Shire
,
either
by
Admonition
,
Security
for
the
good
Behaviour
,
Fine
,
or
Imprisonment
,
according
to
the
quality
and
degre
of
the
offence
.
ELECTIONS
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
for
the
yearly
chusing
of
Assistants
,
the
Freemen
shall
use
Indian
Corn
and
Beans
,
Election
by
Indian
Corn
and
Beans
.
the
Indian
Corn
to
manifest
Election
,
the
Beans
contrary
;
and
if
any
Freeman
shall
put
in
more
then
one
Indian
Corn
or
Bean
,
for
the
choico
or
refusal
of
any
publick
Officer
,
he
shall
forfeit
for
every
such
offence
,
None
but
Freemen
to
put
in
votes
.
ten
pounds
,
and
that
any
man
that
is
not
free
,
or
hath
not
liberty
of
voting
,
putting
in
any
vote
,
shall
forfeit
the
like
sum
of
ten
pounds
.
[
1643.
]
2.
For
the
preventing
many
inconveniences
,
that
otherwise
may
arise
upon
the
yearly
day
of
Election
,
and
that
the
work
of
that
day
may
be
the
more
orderly
,
easily
and
speedily
issued
;
Elect
by
proxesent
,
sealed
up
.
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
that
the
Freemen
of
this
Jurisdiction
,
which
shall
not
personally
appear
at
Boston
,
to
give
in
their
votes
on
the
day
of
Election
,
shall
and
may
in
their
several
Towns
,
from
time
to
time
give
in
their
votes
for
Elections
,
before
their
Deputy
and
the
Constable
,
who
shall
take
them
and
Seal
them
up
in
destinct
papers
,
and
send
them
to
the
Court
of
Elections
,
all
the
Assistants
to
be
chosen
by
Indian
Corn
and
Beans
,
as
abovesaid
.
The
Governour
,
Deputy
Governour
,
Major
General
,
Treasurer
,
Elect
of
Govern.
&c.
by
papers
.
Secretary
,
and
Commissioners
of
the
United
Colonies
,
by
wrighting
the
names
of
the
persons
Elected
,
in
papers
open
,
or
once
foulded
,
not
t●●sted
nor
rowled
up
,
that
they
may
be
the
sooner
perused
.
And
such
small
villages
as
send
no
Deputies
,
the
Constable
thereof
,
with
two
or
three
of
the
chief
Freemen
shall
receive
the
votes
of
the
rest
of
the
Freemen
,
and
deliver
them
together
with
their
own
sealed
up
,
to
the
Deputy
of
the
next
Town
,
who
shall
carefully
convey
the
same
unto
the
said
Court
of
Election
.
[
1647.
]
3.
Forasmuch
as
the
choice
of
Assistants
or
Magistrates
yearly
,
L.
2.
p.
10.
is
of
great
concernment
,
and
with
all
care
and
circumspection
to
be
attended
.
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
the
Constables
of
every
Town
within
this
Jurisdiction
,
shall
call
together
all
their
Freemen
some
day
in
the
second
week
of
the
first
Month
yearly
to
give
in
their
votes
in
distinct
papers
for
such
persons
(
being
Freemen
and
resident
within
this
Jurisdiction
,
A.
52.
p.
15
as
well
the
Magistrates
in
present
being
as
others
)
whom
they
desire
to
have
chosen
for
Magistrates
on
Assistants
at
the
next
Court
of
Election
,
Nomination
of
Magistrates
in
Towns
.
not
exceeding
the
number
of
eighteen
,
and
no
Freeman
shall
put
in
above
one
vote
for
one
person
,
under
the
penalty
of
ten
pounds
for
every
offence
.
And
the
said
Freemen
(
so
met
together
)
or
the
major
part
of
them
,
shall
then
and
there
appoint
one
to
carry
their
votes
sealed
up
unto
their
Shire
Towns
,
A.
58.
upon
the
last
fourth
day
of
the
week
in
the
first
Month
following
,
at
twelve
of
the
clock
from
time
to
time
,
which
persons
for
each
Town
so
assembled
,
shall
appoint
one
of
themseves
as
a
Commissioner
of
each
Shire
,
Votes
to
be
sen●
to
the
Shi●e
Town
.
to
carry
them
to
Boston
the
second
third
day
of
the
second
Month
,
there
to
be
opened
and
perused
in
the
presence
of
one
or
two
Magistrates
(
if
they
be
in
Town
)
if
otherwise
,
by
those
persons
that
brought
them
at
the
Court
House
in
Boston
,
or
such
other
place
as
the
Commusioner
of
Svffolk
shall
appoint
;
and
those
eighteen
that
have
most
Votes
,
shall
be
the
men
(
and
they
only
)
which
shall
be
nominated
at
the
Court
of
Election
for
Magistrates
or
Assistants
as
aforesaid
,
and
the
said
Commissioner
of
each
Shire
,
Commissioner
of
the
Shire
to
return
the
name●
of
the
persons
nominated
to
the
Constables
shall
forthwith
signifie
to
the
Constable
of
the
several
Towns
within
their
County
,
in
wrighting
under
their
hands
,
the
names
of
those
eighteen
persons
aforesaid
,
all
which
the
Constable
in
each
Town
shall
timely
s
gnifie
to
their
Freemen
.
And
as
any
have
more
Votes
then
other
,
Old
Magistrates
to
be
first
put
to
Election
.
so
shall
they
be
nominated
for
Election
,
except
such
of
the
eighteen
who
were
Magistrates
the
year
before
,
who
shall
have
precedency
of
all
others
in
nomination
on
the
day
of
Election
.
And
if
any
be
trusted
in
this
Order
,
shall
fail
in
the
discharge
of
their
trust
,
shall
forfeit
ten
pounds
.
[
1649.
]
4.
It
is
Declared
by
this
Court
,
to
be
the
constant
liberty
of
the
Freemen
of
this
Jurisdiction
,
to
chuse
yearly
at
the
Court
of
Election
out
of
the
Freemen
,
all
the
General
Officers
of
this
Jurisdiction
,
and
if
they
plea
e
to
discharge
them
at
the
Court
of
Election
,
by
way
of
Vote
,
they
may
do
it
without
shewing
cause
;
Freemen
to
chose
all
general
Officers
but
if
at
any
other
General
Court
,
we
hold
it
due
Justice
that
the
reason
thereof
be
alleadg●d
and
proved
.
By
General
Officers
we
mean
our
Governour
,
Deputy
Governour
,
Assistants
,
Treasurer
,
Major
General
,
Admiral
at
Sea
,
Commissioners
for
the
Vnited
Colonies
,
Secretary
of
the
General
Court
,
and
such
others
as
a●e
,
or
here
after
may
be
of
like
General
nature
.
[
1641.
]
WHereas
it
is
found
by
experience
,
that
there
are
many
who
are
Inhabitants
of
this
jurisdiction
,
who
are
Enemies
to
all
Government
,
Civil
and
Ecclesiastical
,
who
will
not
yield
Obedience
to
Authority
,
but
make
it
much
of
their
Religion
to
be
in
opposit
on
thereto
,
and
refuse
to
bear
Arms
under
others
,
who
notwithstanding
combine
together
in
some
Towns
,
and
make
Parties
suitable
to
their
designes
,
in
Election
of
such
persons
according
to
their
ends
;
Persons
exempt
from
voting
in
Elections
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
that
all
persons
,
Quakers
or
others
,
which
refuse
to
attend
upon
the
publick
Worship
of
God
here
Established
;
that
all
such
persons
whether
Freemen
or
others
,
acting
as
aforesaid
,
shall
,
and
hereby
are
made
uncapable
of
Voting
in
all
civil
Assemblies
during
their
obstinate
persisting
in
such
wicked
wayes
and
courses
,
and
until
certificate
be
given
of
their
Reformation
.
And
it
is
further
Ordered
,
that
all
those
Fines
and
Mulcts
of
any
such
Delinquents
as
aforesaid
,
which
are
not
gathered
nor
paid
to
the
several
Treasurers
of
the
Counties
,
as
also
what
Fines
shall
be
laid
on
them
for
the
future
,
shall
be
delivered
by
the
Order
of
the
County-Treasurers
respectively
to
the
Select
men
of
the
several
Towns
whereunto
they
belong
,
to
be
by
them
improved
for
the
poor
of
the
Town
.
ESCHEATS
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
where
to
Heir
or
owner
of
Houses
,
Lands
,
Tenements
,
Goods
or
Chattels
can
be
found
,
they
shall
be
seized
to
the
publick
Treasury
,
till
such
Heirs
or
Owners
shall
make
due
claim
thereto
,
unto
whom
they
shall
be
restored
upon
just
and
reasonable
tearms
.
[
1646.
]
FARMS
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
all
farms
which
are
within
the
bounds
of
any
Town
,
shall
henceforth
be
of
the
same
Town
,
in
which
they
lye
,
except
Meadford
.
[
1641.
]
Faires
and
Markets
.
IT
is
Ordered
by
the
Authority
of
this
Court
,
that
there
shall
henceforth
be
a
Market
kept
at
Boston
in
the
County
of
Suffolk
,
Boston
.
upon
the
fifth
day
of
the
week
from
time
to
time
.
Salem
.
And
at
Salem
in
the
County
of
Essex
,
upon
the
fourth
day
of
the
week
from
time
to
time
.
Lyn.
And
at
Lyn
on
the
third
day
of
the
week
from
time
to
time
.
Charlstown
.
And
at
Charlstown
in
the
County
of
Middlesex
upon
the
sixth
day
of
the
week
from
time
to
time
.
It
is
also
Ordered
and
hereby
Graunted
to
Boston
aforesaid
,
to
have
two
Fairs
in
a
year
;
on
the
first
third
day
of
the
third
Month
,
and
on
the
first
third
day
of
the
eighth
Month
,
from
year
to
year
to
continue
for
two
or
three
dayes
together
.
Also
to
Salem
aforesaid
,
to
have
two
Fairs
in
a
year
,
on
the
last
fourth
day
of
the
third
Month
,
L.
2.
p.
7.
and
the
last
fourth
day
of
the
seaventh
Month
from
year
to
year
.
Watertown
.
Also
to
Watertown
,
in
the
County
of
Middlesex
,
two
Fairs
in
a
year
,
on
the
first
sixth
day
of
the
fourth
Month
,
and
the
first
sixth
day
of
the
seaventh
Month.
Also
to
Dorchester
,
in
the
County
of
Suffolk
,
two
Fairs
in
a
year
,
on
the
fourth
third
day
of
the
first
Month
,
and
the
last
fourth
day
of
the
eighth
Month
,
from
year
to
year
.
[
1633
,
34
,
36
,
38
,
48.
]
FERRIES
.
FOR
settling
all
common
Ferries
in
a
right
course
,
both
for
the
Passengers
and
Owners
;
Men
may
pass
Ferries
in
their
own
Boats
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
whosoever
hath
a
Ferry
granted
upon
any
passage
,
shall
have
the
sole
liberty
for
transporting
Passengers
,
from
the
place
where
such
Ferry
is
granted
,
to
any
other
Ferry
place
,
where
Ferry
Boats
use
to
land
;
and
any
Ferry
Boat
that
shall
land
Passengers
at
any
other
Ferry
,
may
not
take
Passengers
from
thence
,
L.
2.
p.
7.
if
the
Ferry
Boat
of
that
place
be
ready
;
Provided
this
Order
shall
not
prejudice
the
liberty
of
any
that
do
use
to
pass
in
their
own
or
neighbours
Cannoos
or
Boats
to
their
ordinary
labour
or
business
.
But
no
Ferry
man
shall
carry
over
the
water
any
Passengers
in
a
Cannoo
,
but
in
case
of
necessity
,
Ferry
men
not
to
carry
in
cannnoos
.
and
upon
his
own
desire
,
under
the
pain
of
forfeiture
of
the
Cannoo
or
the
value
thereof
to
the
Treasury
.
And
at
Weymouth
Ferry
,
every
single
person
shall
pay
for
his
Passage
two
pence
.
And
all
Ferry
men
are
allowed
to
take
double
pay
at
all
common
Ferries
after
day
light
is
done
,
and
those
that
make
not
present
pay
,
being
required
,
shall
give
their
names
in
wrighting
,
or
a
pawn
to
the
Ferry
men
,
or
else
he
may
complain
of
any
such
to
a
Magistrate
for
satisfaction
.
And
it
is
Ordered
,
that
all
Magistrates
,
and
such
as
are
,
or
from
time
to
time
shall
be
chosen
Deputies
of
the
General
Court
,
Magistrates
and
Deputies
to
pass
free
with
their
necessary
attendance
,
viz.
a
Man
and
a
Horse
at
all
times
,
during
the
time
of
their
being
Magistrates
or
Deputies
(
but
not
their
Families
)
shall
be
Passage-free
over
all
Ferries
,
that
pay
no
Rent
to
the
Country
.
2.
And
for
the
preventing
of
danger
in
the
Passing
at
Common
Ferries
;
It
is
Ordered
,
That
no
person
shall
press
or
enter
into
a
Ferry
Boat
contrary
to
the
Will
of
the
Ferry
man
,
None
to
enter
the
Ferry
boat
without
leave
of
the
Ferry
men
Magistrates
,
Depu●ies
or
Elders
or
of
the
most
of
the
Passengers
first
entred
upon
pain
of
ten
shillings
for
every
such
attempt
.
And
that
every
Ferry
man
that
shall
permit
or
allow
any
person
to
come
into
his
Boat
,
against
the
will
of
any
of
the
Magistrates
or
Deputies
,
or
any
of
the
Elders
shipped
in
such
Boat
,
or
the
greater
part
of
the
Passengers
in
the
said
Boat
,
shall
forfeit
for
every
person
so
admitted
or
received
,
against
such
their
will
so
declared
,
the
sum
of
twenty
shillings
.
And
it
shall
be
in
the
power
of
any
of
the
Ferry
men
,
to
keep
out
,
or
put
out
of
his
Boat
,
any
person
that
shall
press
,
enter
into
,
or
stay
in
any
such
Ferry
Boat
,
contrary
to
this
Order
.
Men
pass
as
they
come
except
publick
persons
.
And
it
is
further
Ordered
,
that
all
persons
shall
be
received
into
such
Ferry
Boats
according
to
their
comeing
first
or
last
,
only
all
publick
persons
,
or
such
as
go
upon
publick
or
urgent
occasions
,
as
Physitians
,
Chyrurgcons
and
Midwives
,
and
such
other
as
are
called
to
Womens
Labours
,
such
shall
be
transported
with
the
first
.
[
1641
,
44
,
46
,
47.
]
FINES
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
,
L.
1.
p.
38.
that
every
Offender
fined
for
the
breach
of
any
Penal
Law
,
shall
forthwith
pay
his
or
their
Fine
or
Penalty
,
or
give
security
speedily
to
do
it
,
or
be
imprisoned
,
F●nes
to
be
paid
presently
or
kept
to
work
till
it
be
paid
,
unless
the
Court
or
Judge
that
imposed
the
Fine
,
sed
cause
to
respite
the
same
;
And
in
all
Courts
,
L.
2.
p.
7.
where
any
Fine
or
Fines
or
other
Sums
of
Money
shall
be
assessed
or
received
;
Clerk
to
return
all
Fines
to
the
Treasurer
in
fourteen
dayes
And
also
when
any
Magistrate
or
Commissioner
,
shall
assess
any
Fines
,
or
receive
any
Sum
,
for
the
use
of
the
Country
,
by
virtue
of
any
special
Order
,
the
Secretary
or
Clerk
of
each
Court
,
and
every
such
Magistrate
and
Commissioner
,
shall
within
fourteen
dayes
,
L.
1.
p.
22.
send
a
Transcript
or
Note
of
the
said
Fines
and
other
dues
to
the
Treasurer
of
the
Country
or
County
to
whom
it
doth
belong
,
who
shall
forthwith
give
warrant
to
the
Marshal
to
collect
and
levy
the
same
:
And
if
no
goods
can
be
found
to
satisfie
such
Fine
or
other
dues
,
the
Marshall
shall
Attach
the
Body
of
such
persons
,
Marshal
to
Attach
the
body
where
Goode
are
not
,
&c.
and
imprison
them
till
satisfaction
be
made
;
Provided
that
any
Court
of
Assistants
or
County
Court
,
may
discharge
any
such
person
from
imprisonment
,
if
they
be
unable
to
make
satisfaction
.
[
1638
,
46.
]
Firing
and
Burning
.
Firing
of
ground
when
lawful
,
when
forbidden
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
,
that
whosoever
shall
kindle
any
Fires
in
the
Woods
,
or
Grounds
lying
in
Common
,
or
inclosed
,
so
as
the
same
shall
run
into
Corn
grounds
or
Inclosures
before
the
tenth
day
of
the
first
Month
,
or
after
the
last
of
the
second
Month
,
or
on
the
last
day
of
the
Week
,
or
on
the
Lords
day
,
shall
pay
all
damages
,
and
half
so
much
for
a
Fine
,
or
if
not
able
to
pay
,
then
to
be
Corporally
punished
,
by
warrant
from
one-Magistrate
,
or
the
next
County
Court
,
as
the
offence
shall
deserve
,
not
exceeding
twenty
stripes
for
one
offence
.
Provided
that
any
man
may
kindle
fire
in
his
own
ground
so
as
no
danger
come
thereby
,
either
to
the
Country
or
to
any
particular
person
;
and
whosoever
shall
wittingly
and
willingly
burn
or
destroy
any
Frame
,
Timber
,
Hewed
,
Sawen
or
Riven
Heaps
of
Wood
,
Charcoal
,
Corn
,
Hay
,
Straw
,
Hemp
or
Flax
,
he
shall
pay
double
damages
.
2.
Whereas
some
dwelling
Houses
,
A.
52.
p.
11.
and
other
Houses
within
this
Jurisdiction
,
have
been
set
on
Fire
,
and
the
means
or
occasion
thereof
not
discovered
,
though
some
persons
have
been
vehemently
suspected
to
have
been
Instrumental
therein
:
The
Court
taking
into
consideration
the
danger
of
such
a
wicked
practise
,
especially
in
Towns
where
the
Houses
are
near
adjoyning
,
and
there
being
no
Law
yet
provided
for
the
punishment
of
so
hainous
a
crime
;
Doth
therefore
hereby
Order
,
and
be
it
Enacted
by
the
Authority
of
this
Court
,
that
any
person
or
persons
whatsoever
,
of
the
age
of
sixteen
years
and
upward
,
that
shall
after
the
publication
hereof
,
wittingly
and
willingly
set
on
fire
any
Barn
,
Stable
;
Mill
,
out
House
,
Stack
of
Wood
,
Corn
or
Hay
,
or
any
other
thing
of
like
nature
,
shall
upon
due
conviction
by
testimony
or
confession
,
pay
double
damages
to
the
party
damnified
,
and
be
severely
whipt
.
And
if
any
person
of
the
age
aforesaid
,
shall
after
the
publication
hereof
,
Burning
Houses
.
wittingly
,
and
willingly
,
and
felloniously
,
set
on
fire
any
Dwelling
House
,
Meeting
House
,
Store
House
,
or
shall
in
like
manner
,
set
on
fire
any
out-House
,
Barn
,
Stable
,
Leanto
,
Stack
of
Hay
,
Corn
or
Wood
,
or
any
thing
of
like
nature
,
whereby
any
Dwelling
House
,
Meeting
House
or
Store
House
,
cometh
to
be
burnt
,
the
party
or
parties
vehemently
suspected
thereof
,
shall
be
apprehended
by
Warrant
from
one
or
more
of
the
Magistrates
,
and
committed
to
Prison
,
there
to
remain
without
Baile
,
till
the
next
Court
of
Assistants
,
Capital
.
who
upon
legal
conviction
by
due
proof
,
or
confession
of
the
Crime
,
shall
adjudge
such
person
or
persons
to
be
put
to
death
,
and
to
forfeit
so
much
of
his
Lands
,
Goods
or
Chattels
,
as
shall
make
full
satisfaction
,
to
the
party
or
parties
damnified
.
[
1652.
]
Fish
.
Fishermen
.
WHereas
it
hath
been
a
custome
for
forreign
Fishermen
to
make
use
of
such
Harbours
and
Grounds
in
this
Country
,
as
have
not
been
Inhabited
by
English
men
;
and
to
take
Timber
and
Wood
at
their
pleasure
for
all
their
occasions
,
yet
in
these
parts
which
are
now
possessed
,
and
the
Lands
disposed
in
proprieties
,
unto
several
Towns
and
Persons
,
by
the
Kings
Graunt
,
under
the
great
Seal
of
England
;
It
is
Declared
;
Repealed
.
pag.
5.
1661.
That
it
is
not
Lawfull
for
any
Person
,
either
Fisher-man
or
other
,
either
Forreigner
or
of
this
Country
,
to
enter
upon
the
Lands
so
appropriate
to
any
Town
or
Person
,
or
to
take
Wood
or
Timber
in
any
such
place
,
without
the
Licence
of
such
Town
or
Proprietor
,
and
if
any
person
shall
Trespass
herein
,
the
Town
or
Proprietor
so
injured
,
may
take
their
remedy
by
action
at
Law
,
or
may
preserve
their
goods
or
other
interest
,
by
opposing
Lawfull
force
against
such
unjust
violence
;
Provided
that
it
shall
be
lawfull
for
such
Fishermen
as
shall
be
imployed
by
any
Inhabitants
of
this
Jurisdiction
,
in
the
several
seasons
of
the
year
,
to
make
use
of
any
of
our
Harbours
,
and
such
Lands
as
are
near
adjoyning
for
the
drying
of
their
Fish
or
other
needful
occasions
,
as
also
to
have
such
Timber
and
Fire-wood
,
as
they
shall
have
necessary
use
of
for
their
Fishing-seasons
where
it
may
be
spared
,
so
as
they
make
due
satisfaction
for
the
same
to
such
Town
or
Proprietor
.
[
1646.
]
2.
Whereas
much
Damage
hath
crisen
to
Merchants
trading
hence
,
by
bad
making
of
Fish
,
and
the
credit
of
our
Trade
therein
hath
much
suffered
;
It
is
therefore
Ordered
,
That
at
every
fishing
place
within
this
Jurisdiction
,
some
discreet
and
honest
person
be
appointed
by
the
Country
Court
,
A.
52.
p.
9
,
10.
unto
which
such
Fishing
place
doth
belong
,
and
those
persons
so
nominated
and
appointed
,
are
by
this
Court
impowred
to
give
Oath
unto
such
persons
as
shall
be
chosen
by
the
deliverers
and
receivers
of
any
Fish
,
who
have
liberty
hereby
,
either
of
them
,
to
chuse
one
or
more
sufficient
knowing
men
in
such
cases
,
to
view
what
Fish
is
delivered
and
received
;
Sworn
,
viewers
of
Fish
at
all
Fishing
places
.
which
viewers
shall
be
sworn
as
aforesaid
,
and
what
they
approve
of
as
Merchantable
,
the
receiver
shall
accept
,
and
what
is
Refuse
Fish
shall
be
cast
by
,
and
the
said
viewers
for
their
labour
and
pains
aforesaid
,
shall
be
allowed
one
penny
per
Quintal
for
so
much
Merchantable
Fish
as
he
or
they
shall
view
,
to
be
paid
one
half
by
the
deliverer
,
and
the
other
half
by
the
receiver
:
And
for
further
direction
to
the
viewers
in
tryal
of
Fish
;
It
is
hereby
Ordered
,
That
all
Sun
burnt
,
salt
burnt
and
Dry
Fish
,
that
hath
been
first
pickled
,
shall
be
judged
un-Merchantable
.
Fishermens
liberty
to
cut
flakes
regulated
FOr
the
Explanation
of
an
Order
bearing
date
,
1646.
and
the
Repealing
of
the
same
,
1667.
For
giving
a
liberty
to
Fishermen
,
according
to
a
Reservation
in
the
Patent
,
to
cut
down
Wood
for
Flakes
or
Stage
and
other
uses
about
their
Fishing
imploy
,
that
it
is
intended
only
in
that
Order
to
give
liberty
to
such
as
are
Strangers
,
and
come
only
to
make
Fishing
Voyages
,
and
not
to
Fishermen
that
are
Inhabitants
,
who
are
not
to
trespass
upon
any
person
in
their
propriety
,
but
are
liable
to
make
satisfaction
with
damages
as
in
any
other
Action
of
Trespass
,
no
way
restraining
Fishermen
in
Common
Lands
,
any
Law
,
Custome
or
Usage
to
the
contrary
notwithstanding
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
no
man
shall
henceforth
kill
any
Cod
fish
,
Hake
,
Hadduck
or
Polluck
,
to
be
dried
for
sale
in
the
Month
of
December
or
January
,
because
of
their
spawning
time
,
nor
any
Mackrell
to
Barrel
up
in
the
Month
of
May
or
June
,
No
Fish
to
be
killd
when
they
go
to
Spawn
.
under
penalty
of
paying
five
shilings
for
each
Q●intal
of
Fish
,
and
Five
shillings
for
each
Barrel
of
Mackrell
;
nor
shall
any
Fisherman
cast
the
Garbage
of
the
Fish
the
catch
over-board
at
or
near
the
Ledges
or
Grounds
where
they
take
the
Fish
;
nor
shall
any
of
the
Boats
crew
refuse
or
neglect
to
obey
the
Order
of
the
Master
of
the
Vessel
to
which
they
belong
,
for
the
times
and
seasons
of
Fishing
;
nor
shall
they
take
or
drink
any
more
Strong
Liquors
then
the
Master
thinks
meet
to
permit
them
;
the
breach
of
these
three
last
being
under
the
penalty
of
Twenty
shillings
for
the
first
Offence
;
for
the
second
forty
shillings
;
for
the
third
three
Months
Imprisonment
,
one
third
part
of
the
aforesaid
Fines
to
the
Informer
proving
the
same
.
[
1668.
]
THis
Court
being
informed
,
that
the
taking
of
Mackrel
at
unseasonable
times
do
greatly
diminish
their
increase
,
and
will
in
the
issue
tend
to
the
spoil
of
the
Trade
thereof
;
Do
Order
and
Enact
,
That
henceforth
no
Mackrell
shall
be
caught
,
except
for
spending
whilst
fresh
,
To
prevent
damage
by
unseasonable
killing
of
Mackrel
.
before
the
first
of
July
annually
,
on
penalty
of
the
loss
of
the
same
;
the
one
half
to
the
Informer
,
and
the
other
half
to
the
use
of
the
Country
.
And
any
Magistrate
or
County
Court
is
impowred
to
act
herein
to
all
intents
and
purposes
,
for
the
execution
of
this
Law
.
WHereas
by
the
blessing
of
God
,
the
Trade
of
Fishing
hath
been
advantagious
to
this
Country
,
which
is
like
to
be
much
impaired
by
the
use
of
Turtooda's
Salt
,
which
leaves
spots
upon
the
Fish
,
by
reason
of
Shells
and
Trash
in
it
:
For
prevention
thereof
;
To
prevent
damage
by
salting
Fish
with
Turtoodas
salt
.
This
Court
doth
Order
,
and
be
it
hereby
Enacted
,
That
all
such
Fish
that
is
salted
with
Turtooda's
Salt
,
and
thereby
spotted
as
abovesaid
,
shall
not
be
accounted
for
Merchantable
Fish
:
and
all
sworn
Cullers
of
Fish
are
hereby
required
to
have
special
regard
to
the
fulfilling
of
this
Order
,
any
Law
or
Custome
to
the
contrary
notwithstanding
.
FORGERY
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
if
any
person
shall
forge
any
Deed
or
Conveyance
,
Testament
,
Bond
,
Bill
,
Release
,
Acquittance
,
Letter
of
Attorney
,
or
any
Writeing
,
to
pervert
Equity
and
Justice
;
he
shall
stand
in
the
Pillory
,
three
several
Lecture
dayes
,
and
render
double
damages
to
the
party
wronged
,
and
also
be
disabled
to
give
any
Evidence
or
Verdict
to
any
Court
or
Magistrate
.
[
1646.
]
FORNICATION
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
if
any
man
Commit
Fornication
with
any
single
Woman
,
they
shall
be
punished
,
either
by
enjoyning
Marriage
,
or
Fine
,
or
Corporal
punishment
,
or
all
,
or
any
of
these
,
as
the
Judges
of
the
Court
that
hath
Cognizance
of
the
Cause
shall
appoint
.
[
1642.
]
THere
being
a
seeming
contradiction
between
the
Laws
tit.
Fornication
,
and
tit
.
Punishment
;
This
Court
doth
Declare
,
That
the
former
referring
to
a
particular
Crime
,
a
shameful
Sin
,
much
increasing
amongst
us
,
to
the
great
dishonour
of
God
,
and
our
profession
of
his
Holy
Name
,
the
punishment
of
that
Sin
shall
be
as
is
prescribed
in
the
said
Law
,
any
thing
that
may
seem
to
restrain
or
limit
the
same
,
contained
in
the
other
Law
,
tit
.
Punishment
,
notwithstanding
,
And
in
case
any
person
legally
convicted
of
that
or
any
other
shameful
and
vicious
Crime
,
be
a
Freeman
;
it
shall
be
in
the
liberty
and
power
of
the
Court
that
hath
the
proper
cognizance
thereof
,
besides
any
other
Penalty
or
Punishment
,
to
adde
Disfranchisement
thereto
,
[
1665.
]
WHereas
there
is
a
Law
provided
by
this
Court
for
punishing
of
Fornicators
,
but
nothing
as
yet
for
the
easing
of
Towns
,
where
Bastards
are
born
,
in
regard
of
the
poverty
of
the
Parent
or
Parents
of
such
Children
sometimes
appearing
,
nor
any
Rule
held
forth
touching
the
reputed
Father
of
a
Bastard
for
legal
conviction
;
It
is
therefore
Ordered
,
and
by
this
Court
Declared
,
that
where
any
man
is
legally
convicted
to
be
the
Father
of
a
Bastard-childe
,
he
shall
be
at
the
care
and
charge
to
maintain
and
bring
up
the
same
,
by
such
Assistance
of
the
Mother
as
nature
requireth
,
and
as
the
Court
from
time
to
time
(
according
to
circumstances
)
shall
see
meet
to
Order
:
and
in
case
the
Father
of
a
Bastard
,
by
confession
or
other
manifest
proof
,
upon
trial
of
the
case
,
do
not
appear
to
the
Courts
satisfaction
,
then
the
Man
charged
by
the
Woman
to
be
the
Father
,
thee
holding
constant
in
it
,
(
especially
being
put
upon
the
real
discovery
of
the
truth
of
it
in
the
time
of
her
Travail
)
shall
be
the
reputed
Eather
,
and
accordingly
be
liable
to
the
charge
of
maintenance
as
aforesaid
(
though
not
to
other
punishment
)
notwithstanding
his
denial
,
The
reputed
Eather
of
a
Bastard
to
maintain
it
.
unless
the
circumstances
of
the
Case
and
Pleas
be
such
,
on
the
behalf
of
the
Man
charged
,
as
that
the
Court
that
hath
the
cognizance
thereof
shall
see
reason
to
acquit
him
,
and
otherwise
dispose
of
the
Childe
and
Education
thereof
;
Provided
alwayes
,
in
case
there
be
no
person
accused
in
the
time
of
her
Travail
,
it
shall
not
be
available
to
abate
the
conviction
of
a
reputed
Father
;
any
Law
,
Custome
or
Usage
to
the
contrary
notwithstanding
.
Freemen
.
Non-Freemen
.
TO
the
end
the
Body
of
the
Freemen
may
be
preserved
of
honest
and
good
men
;
L.
2.
p.
8.
None
but
Church-members
to
be
Freemen
.
It
is
Ordered
,
That
henceforth
no
man
shall
be
admitted
to
the
Freedome
of
this
Common-wealth
,
but
such
as
are
Members
of
some
of
the
Churches
within
the
limits
of
this
Jurisdiction
;
And
whereas
many
Members
of
Churches
to
exempt
themselves
from
publick
service
,
will
not
come
in
to
be
made
Freemen
;
It
is
Ordered
,
that
no
Members
of
Churches
within
this
Jurisdiction
,
shall
be
exempt
from
any
publick
service
they
shall
be
chosen
to
by
the
Inhabitants
of
the
several
Towns
,
as
Constables
,
Jurors
,
Select
men
,
Surveighors
of
the
High-wayes
;
and
if
any
such
person
shall
refuse
to
serve
in
,
or
take
upon
him
any
such
Office
,
being
legally
chosen
thereunto
,
he
shall
pay
for
every
such
refusal
,
such
fine
as
the
Town
shall
impose
,
not
exceeding
twenty
shillings
for
one
offence
.
[
1647.
]
THis
Court
having
considered
of
the
proposals
presented
to
this
Court
by
several
of
the
Inhabitants
of
the
County
of
Middlesex
;
Repealed
.
Do
Declare
and
Order
,
That
no
Man
whosoever
,
shall
be
admitted
to
the
Freedome
of
this
Body
Politick
,
but
such
as
are
Members
of
some
Church
of
Christ
and
in
full
Communion
,
which
they
declare
to
be
the
true
intent
of
the
ancient
Law
,
page
the
eighth
of
the
second
Book
,
Anno.
1631.
[
1660.
]
IN
Answer
to
that
part
of
his
Majesties
Letter
of
June
28.
1662.
concerning
admission
of
Freemen
;
This
Court
doth
Declare
,
That
the
Law
prohibiting
all
persons
,
except
Members
of
Churches
,
Admission
of
Freemen
.
and
that
also
for
allowance
of
them
in
any
County
Court
,
are
hereby
Repealed
.
And
do
also
Order
and
Enact
,
That
from
henceforth
all
English
men
,
presenting
a
Certificate
under
the
hands
of
the
Ministers
or
Minister
of
the
place
where
they
dwell
,
that
they
are
Orthodox
in
Religion
,
and
not
vicious
in
their
lives
,
and
also
a
Certificate
under
the
hands
of
the
Select
Men
of
the
place
,
or
of
the
major
part
of
them
,
that
they
are
Free
holders
,
and
are
for
their
own
proper
estate
(
without
heads
of
persons
)
rateable
to
the
Country
in
a
single
Country
Rate
,
after
the
usual
manner
of
valuation
in
the
place
where
they
live
,
to
the
full
value
of
ten
shillings
,
or
that
they
are
in
full
Communion
with
some
Church
among
us
;
It
shall
be
in
the
liberty
of
all
and
every
such
person
or
persons
,
being
twenty
four
years
of
age
,
House-holders
and
settled
Inhabitants
in
this
Jurisdiction
,
from
time
to
time
to
present
themselves
and
their
desires
to
this
Court
for
their
admittance
to
the
Freedome
of
this
Common-wealth
,
and
shall
be
allowed
the
priviledges
to
have
such
their
desire
propounded
,
and
put
to
vote
in
the
General
Court
,
for
acceptance
to
the
Freedome
of
the
Body
politick
,
by
the
sufferage
of
the
major
part
,
according
to
the
Rules
of
our
Patent
.
[
1664.
]
FOrasmuch
as
several
persons
who
from
time
to
time
are
to
be
made
Freemen
live
remote
,
and
are
not
able
without
great
Trouble
and
charge
to
appear
before
this
Court
,
to
take
their
respective
Oathes
;
County
Court
to
give
the
Oath
of
Freedome
.
It
is
therefore
Ordered
,
that
henceforth
it
shall
be
in
the
power
of
any
County
Court
to
Administer
the
Oath
of
Freedome
to
any
persons
approved
of
by
the
General
Court
,
who
shall
desire
the
same
,
Any
Law
or
Custome
to
the
contrary
notwithstanding
.
[
1664.
]
Galloping
in
Boston
streets
.
WHereas
it
appears
,
that
notwithstanding
such
wholsome
Orders
as
have
been
hitherunto
made
by
the
Select
men
of
Boston
,
provided
for
the
restraint
of
all
persons
from
violent
Riding
in
the
streets
of
the
said
Town
:
yet
nevertheless
,
many
take
the
liberty
and
boldness
to
Gallop
frequently
therein
,
to
the
great
endangering
the
Bodies
and
Limbs
of
many
Persons
especially
Children
,
who
are
ordinarily
abroad
in
the
streets
,
and
not
of
age
or
discretion
suddenly
to
escape
such
danger
.
This
Court
havi
g
seriously
considered
the
Premises
,
being
careful
to
prevent
a
practise
that
is
like
to
be
of
such
dangerous
consequence
;
Penalty
for
Gal.
logi
g
in
Boston
str●et
▪
Do
Order
,
That
no
person
whatsoever
,
shall
after
the
publication
hereof
,
Gallop
any
Horse
within
any
the
streets
of
the
said
Town
,
upon
penalty
of
forfeiting
three
shillings
and
four
pence
for
every
such
offence
,
upon
conviction
before
any
one
Magistrate
or
Commissioner
of
Boston
,
to
be
paid
to
the
Treasury
of
the
County
of
Suffolk
,
unless
it
appear
on
extream
necessity
.
Gaming
and
Dancing
.
UPon
complaint
of
the
disorders
,
by
the
use
of
the
Games
of
Shuffle-board
and
Bowling
,
in
and
about
Houses
of
Common-entertainment
,
L.
2.
p.
8.
whereby
much
precious
time
is
spent
unprofitably
,
and
much
waste
of
Wine
and
Beer
occasioned
;
No
Gaming
to
Ordinarie
.
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
no
person
shall
henceforth
use
the
said
Games
of
Shuffle
board
,
or
Bowling
,
or
any
other
Play
or
Game
,
in
or
about
any
such
House
.
Nor
in
any
other
House
used
as
common
for
such
purpose
,
upon
pain
for
every
keeper
of
such
House
to
forfeit
for
every
such
offence
twenty
shillings
,
and
every
person
playing
at
the
said
Game
,
&c.
in
or
about
any
such
House
,
shall
forfeit
for
every
such
offence
five
shillings
.
No
Gaming
for
money
.
Nor
shall
any
person
at
any
time
Play
or
Game
for
any
Money
or
Money
worth
,
upon
penalty
of
forfeiting
treble
the
value
thereof
,
one
half
to
the
party
informing
and
the
other
half
to
the
Treasury
;
nor
shall
any
per
on
be
an
Abettor
to
any
kinde
of
Gaming
on
the
like
penalty
.
No
Dancing
in
Ordinaries
.
Nor
shall
there
be
any
Dancing
in
Ordinaries
upon
any
occasion
,
on
the
penalty
of
fire
shillings
for
every
per●on
that
shall
oslend
;
and
any
Magistrate
may
hear
and
determine
any
offence
against
this
Law
.
[
1646
,
47
,
51.
]
For
preventing
disorders
arising
in
several
places
within
this
"
urisdiction
,
by
reason
of
some
still
observing
such
Festivals
,
A.
51.
p.
8.
as
were
Superstitiously
kept
in
other
Countries
,
to
the
great
dishonour
of
God
and
offence
of
others
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
that
whosoever
shall
be
found
observing
any
such
day
as
Christmas
or
the
like
,
either
by
forbearing
labour
,
Penalty
for
keeping
Christmas
.
feasting
,
or
any
other
way
upon
any
such
account
as
aforesaid
,
every
such
person
so
offending
,
shall
pay
for
every
such
offence
five
shillings
as
a
fine
to
the
County
.
And
whereas
not
only
at
such
times
but
several
other
times
also
,
it
is
a
custome
too
frequent
in
many
places
,
to
expend
time
in
unlawful
Games
,
as
Cards
Dice
,
&c.
It
is
therefore
further
Ordered
,
and
by
this
Court
Declared
,
That
after
publication
hereof
,
penalty
for
playing
at
Cards
and
Dice
.
whosoever
shall
be
found
in
any
place
within
this
Jurisdiction
,
playing
either
at
Cards
or
at
Dice
,
contrary
to
this
Order
,
shall
pay
as
a
fine
to
the
County
the
sum
of
five
shillings
for
every
such
offence
.
WHereas
the
great
sin
of
Gaming
increaseth
within
this
Jurisdiction
,
to
the
great
dishonour
of
God
,
corrupting
of
Youth
,
and
expendof
much
precious
time
and
estate
:
for
the
preventing
of
which
,
and
as
an
addition
to
the
Law
,
tit
.
Gaming
,
&c.
Penalty
for
Gaming
.
This
Court
doth
Declare
,
and
be
it
Ordered
by
the
Authority
thereof
,
That
what
person
or
persons
soever
,
shall
bring
into
this
Jurisdiction
any
playing
Cards
or
Dice
,
or
with
whomsoever
such
Cards
or
Dice
be
found
in
his
or
their
Custody
,
he
or
they
shall
pay
as
a
fine
the
sum
of
five
pounds
,
the
one
half
to
the
Treasurer
,
the
other
half
to
the
Informer
:
But
in
case
any
such
Cards
or
Dice
shall
come
into
the
custody
of
any
person
without
his
knowledge
or
consent
,
he
shall
carry
them
to
the
next
Magistrate
or
Commissioner
within
two
dayes
after
his
knowledge
of
them
,
to
dispose
of
them
as
the
said
Magistrate
or
Commissioner
shall
see
cause
,
any
such
person
shall
be
free
from
the
penalty
.
And
if
any
person
that
hath
played
or
gamed
,
and
shall
give
Information
thereof
,
he
shall
be
freed
from
the
penalty
of
the
Law
to
pay
treble
damage
,
but
shall
have
no
further
benifit
of
the
Law
by
his
information
.
And
also
any
such
persons
Testimony
shall
be
good
in
Law
,
for
one
Testimony
,
against
any
that
shall
break
this
Law
.
And
it
is
also
Declared
,
that
it
is
and
shall
be
in
the
liberty
of
the
Court
or
Judges
that
shall
determine
any
such
case
,
to
punish
the
transgressor
or
transgressors
of
the
Law
,
by
imposing
the
fine
,
or
otherwise
by
corporal
punishment
as
they
shall
judge
best
;
any
Law
,
Usage
or
Custome
to
the
contrary
notwithstanding
.
[
1670.
]
Heresie
Error
.
ALthough
no
Humane
power
be
Lord
over
the
Faith
and
Consciences
of
men
,
yet
because
such
as
bring
in
damnable
Heresies
,
tending
to
the
subversion
of
the
Christian
Faith
,
and
destruction
af
the
Souls
of
men
,
ought
duely
to
be
restrained
from
such
notorious
impieties
;
It
is
therefore
Ordered
and
Declared
by
the
Court
;
That
if
any
Christian
within
this
Jurisdiction
,
shall
go
about
to
subvert
and
destroy
the
Christian
Faith
and
Religion
,
by
broaching
and
maintaining
any
damnable
Heresies
:
As
denying
the
immortality
of
the
Soul
,
or
resurrection
of
the
Body
,
or
any
sin
to
be
repented
of
in
the
regenerate
,
or
any
evil
done
by
the
outward
man
to
be
accounted
sin
,
or
denying
that
Christ
gave
himself
a
Ransome
for
our
sins
,
Errors
.
or
shall
affirm
that
we
are
not
justified
by
his
death
and
righteousness
,
but
by
the
perfections
of
our
own
works
,
L.
1.
p.
2.
or
shall
deny
the
Morallity
of
the
fourth
Commandment
,
Anabaptists
.
or
shall
purposely
depart
the
Congregaaion
at
the
administration
of
that
Ordinance
,
or
shall
deny
the
Ordinance
of
Magistracy
,
or
their
lawful
Authority
,
to
make
War
,
or
to
punish
the
outward
breaches
of
the
first
Table
,
Obstinate
to
be
banished
.
or
shall
endeavour
to
seduce
others
to
any
of
the
Errors
or
Heresies
abovementioned
;
every
such
person
continuing
obstinate
therein
,
after
due
means
of
conviction
,
shall
be
sentenced
to
Banishment
.
[
1646.
44.
]
2.
The
Holy
Scriptures
of
the
Old
and
New
Testament
,
A.
57.
p.
7.8
.
being
written
by
the
Prophets
,
Apostles
,
and
Holy
men
of
God
,
inspired
by
the
Holy
Ghost
,
containing
in
them
the
infallible
and
whole
Will
of
God
,
which
he
purposed
to
make
known
to
Man-kinde
,
both
for
his
own
Worship
and
Service
,
and
also
for
the
Instruction
,
Obedience
,
Faith
and
Salvation
of
Man
,
which
yet
by
Hereticks
in
former
ages
,
and
now
of
late
,
have
been
opugned
and
denied
so
to
be
,
which
tends
to
the
overthrow
of
all
true
Religion
,
and
Salvation
,
for
the
prevention
of
so
hainous
a
crime
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
what
person
or
persons
soever
,
professing
the
Christian
Religion
,
above
the
age
of
sixteen
years
,
that
shall
within
this
Jurisdiction
,
wittingly
and
willingly
,
at
any
time
after
the
publication
of
this
Order
,
deny
either
by
Word
or
Wrighting
,
any
of
the
Books
of
the
Old-Testament
,
As
Genesis
,
Exodus
,
Leviticus
,
Numbers
,
Deuterenomy
,
Joshua
,
Judges
,
Ruth
,
Samuel
,
Samuel
,
Kings
,
Kings
,
Chronicles
,
Chronicles
,
Ezra
,
Nehemiah
,
Esther
,
Job
,
Psalms
,
Proverbs
,
Ecclesiastes
,
Canticles
,
Isaiah
,
Jeremiah
,
Lamentations
,
Ezekiel
,
Daniel
,
Hosea
,
Joel
,
Amos
,
Obadiah
,
Jonah
,
Micah
,
Nahum
,
Habbakuk
,
Zephaniah
,
Haggai
,
Zechariah
,
Malachi
.
Or
New
,
as
Matthew
,
Mark
,
Luke
,
Iohn
,
Acts
,
Romans
,
Corrinthians
,
Corrinthians
,
Galathians
,
Ephesians
,
Philippians
,
Colossians
,
Thessalonians
,
Thessalenians
,
Timothy
,
Timothy
,
Titus
,
Philemon
,
Hebrews
,
Iames
,
Peter
,
Peter
,
Iohn
,
Iohn
,
Iohn
,
Iude
,
and
Revelation
.
To
be
the
written
and
infallible
Word
of
God
.
Denying
the
Scrip●●●e
to
be
the
word
of
God
Or
if
any
person
as
aforesaid
,
belonging
to
this
Jurisdictton
,
shall
commit
the
said
crime
upon
the
Sea
,
not
being
or
belonging
to
the
Jurisdiction
of
any
other
Common-wealth
,
shall
be
forthwith
apprehended
by
the
next
Officer
or
Officers
,
whether
Marshal
or
Constable
or
their
Deputy
,
who
shall
have
power
so
to
do
by
warrant
from
any
one
of
the
Magistrates
,
and
shall
be
committed
to
the
Prison
at
Boston
,
without
Bale
or
Mainprize
,
there
to
be
safely
kept
till
the
next
County
Court
,
where
upon
sufficient
Testimony
brought
against
the
said
Delinquent
,
he
shall
be
adjudged
for
his
offence
after
legal
conviction
,
to
pay
such
a
fine
as
the
Court
which
shall
have
cognizance
of
the
crime
shall
judge
meet
,
not
exceeding
the
sum
of
fifty
pounds
,
Penalty
.
or
shall
be
openly
and
severely
whipt
by
the
executioner
,
whether
Constable
or
any
other
appointed
,
not
exceeding
forty
strokes
,
unless
he
shall
publickly
recant
before
his
Sentence
(
which
if
he
do
)
he
shall
not
pay
above
the
fine
of
ten
pounds
to
the
Treasurer
for
the
use
of
the
Common-wealth
,
or
be
whipt
in
case
he
pay
not
the
fine
.
And
it
is
further
Ordered
and
Enacted
,
That
if
the
said
Offender
after
his
Recantation
,
Sentence
or
Execution
,
shall
the
second
time
publish
,
and
Obstinately
,
and
Pertinaciously
maintain
the
said
wicked
Opinion
,
he
shall
be
Banished
or
put
to
Death
as
the
Court
shall
Judge
.
[
1651.
]
3.
It
is
Ordered
,
A.
54.
p.
7.
that
all
and
every
of
the
Inhabitants
of
this
Jurisdiction
,
that
have
any
of
the
Books
in
their
Custody
,
that
go
under
the
names
of
●ohn
Reeves
,
Muggletons
books
to
be
delivered
in
to
some
Magistrate
and
Lodowick
Muggleton
(
who
pretends
themselves
to
be
the
two
last
Witnesses
,
and
Prophets
of
Jesus
Christ
)
which
are
full
of
Blasphemies
,
and
shall
not
bring
or
send
in
all
such
Books
in
their
Custody
to
the
next
Magistrate
,
shall
forfeit
the
sum
of
ten
pounds
for
every
such
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
said
Books
,
as
are
,
or
shall
be
in
Custody
,
shall
be
burnt
in
the
Market
place
at
Boston
,
on
the
next
Lecture
day
,
by
the
Common
Executioner
.
4.
Whereas
there
is
a
cursed
Sect
of
Hereticks
lately
risen
up
in
the
World
,
A.
56.
p.
13.
which
are
commonly
called
Quakers
,
who
take
upon
th●m
to
be
immediately
sent
of
God
,
and
infallibly
assisted
by
the
Spirit
,
to
speak
and
write
Blasphemous
Opinions
dispising
Government
,
and
the
Order
of
God
in
Church
and
Common-wealth
,
Quakers
speaking
evil
of
Dignities
,
reproaching
and
revi●ing
Magistrates
and
Ministers
,
seeking
to
turn
the
People
from
the
Faith
,
and
gain
Proselites
to
their
pernicious
wares
.
The
Court
considering
the
premises
,
and
to
prevent
the
like
mischief
,
as
by
their
means
is
wrought
in
our
Native
Land
;
Doth
hereby
Order
,
and
by
the
Authority
of
this
Court
be
it
Ordered
and
Enacted
;
That
no
Master
or
Commander
of
any
Ship
Barque
,
Pinnace
,
Not
to
be
brought
into
this
Jurisdiction
by
any
Master
of
ship
on
penal●y
of
100
pounds
Ketch
,
or
other
Vessel
,
shall
henceforth
bring
into
any
Harbour
,
Greek
or
Cove
within
this
Jurisdiction
,
any
known
Quaker
or
Quakers
,
or
any
other
Blasphemous
Hereticks
as
aforesaid
,
upon
the
penalty
of
the
forfeiture
of
one
hundred
pounds
,
to
be
forthwith
paid
to
the
Treasurer
of
the
Country
,
except
it
appeareth
that
such
Master
wanted
true
notice
or
information
that
they
were
such
,
and
in
that
case
he
may
clear
himself
by
his
Oath
,
when
sufficient
proof
to
the
contrary
is
wanting
.
And
for
default
of
payment
of
the
said
fine
of
one
hundred
pounds
,
or
good
security
for
the
same
,
such
Master
shall
be
committed
to
prison
,
by
warrant
from
any
Magistrate
,
there
to
continue
till
the
said
fine
be
satisfied
to
the
Treasurer
as
aforesaid
.
Masters
that
bring
in
Quakers
must
carry
them
back
.
And
the
Master
or
Commander
of
any
such
Ship
or
Vessel
that
shal
bring
them
,
being
legally
convicted
,
shall
give
in
sufficient
security
to
the
Governour
or
any
one
or
more
of
the
Magistrates
,
to
carry
them
back
to
the
place
whence
he
brought
them
,
and
on
his
refusal
so
to
do
,
the
Governour
or
the
said
Magistrate
or
Magistrates
shall
commit
such
Master
or
Commander
to
prison
,
there
to
continue
till
he
shall
give
in
sufficient
security
to
the
content
of
the
Governour
or
said
Magistrates
.
And
if
any
person
or
persons
within
this
Jurisdiction
,
shall
henceforth
entertain
and
conceal
any
such
Quaker
or
Quakers
,
or
other
Blasphemous
Hereticks
(
knowing
them
to
be
such
)
every
such
person
shall
forfeit
to
the
Country
forty
shillings
for
every
hours
entertainment
and
concealment
of
any
Quaker
or
Quakers
,
A.
57.
p.
26.
&c.
as
aforesaid
,
and
shall
be
committed
to
prison
as
aforesaid
,
till
the
fines
be
fully
satisfied
and
paid
.
5.
And
every
person
or
persons
,
A.
58.
that
shall
incourage
or
defend
any
of
their
pernicious
wayes
,
by
speaking
,
writeing
or
meeting
on
the
Lords
day
,
or
at
any
other
time
,
Incouragers
of
Quakers
their
penalty
.
shall
after
due
means
of
conviction
incur
the
penalty
insueing
,
viz.
every
person
so
meeting
,
shall
pay
to
the
use
of
the
Country
,
for
every
time
ten
shillings
,
and
every
one
speaking
in
such
meeting
,
shall
forfeit
five
pounds
.
Dispersing
Quaker
,
Books
6.
If
any
person
shall
knowingly
import
into
any
Harbour
of
this
Jurisdiction
,
any
Quakers
Books
or
Writeings
,
concerning
their
damnable
Opinions
,
he
shall
forfeit
for
every
such
Book
or
Writeing
five
pounds
,
and
whosoever
shall
disperse
or
conceal
any
such
Book
or
Writeing
,
and
it
be
found
with
him
or
her
,
or
in
his
or
her
House
,
and
shall
not
immediately
deliver
the
same
to
the
next
Magistrate
,
penalty
5
pounds
shall
forfeit
and
pay
five
pounds
for
dispersing
or
concealing
every
such
Book
or
Writing
.
Reviling
of
Magistrates
or
Ministers
.
7.
And
every
person
or
persons
whatsoever
,
that
shall
revile
the
Office
or
person
of
Magistrates
or
Ministers
,
as
is
usual
with
the
Quakers
,
such
person
or
persons
shall
be
severely
whipt
,
or
pay
the
sum
of
five
pounds
.
8.
And
every
person
that
shall
publish
and
maintaine
any
Hetrodox
or
erronious
Doctrine
,
A.
53.
p.
19.
Publishers
of
Errors
shall
be
liable
to
be
Questioned
and
Censured
by
the
County
Court
where
he
liveth
,
according
to
the
merit
of
his
Offence
.
9.
Whereas
there
is
a
pernicious
Sect
,
commonly
called
Quakers
,
A.
58.
lately
arisen
,
who
by
Word
and
Writeing
,
have
published
and
maintained
many
dangerous
and
horrid
Tenents
,
and
do
take
upon
them
to
change
and
alter
the
received
laudable
customes
of
our
Nation
,
in
giving
civil
respect
to
equals
,
or
reverence
to
Superiours
,
whose
Actions
tend
to
undermine
the
Authority
of
Civil
Govornment
as
also
to
destroy
the
Order
of
the
Churches
,
by
denying
all
established
forms
of
Worship
,
and
by
withdrawing
from
the
Orderly
Church
Assemblies
,
allowed
and
approved
by
all
Orthodox
Professors
of
the
Truth
;
and
instead
thereof
,
and
opposition
thereunto
,
frequenting
private
meetings
of
their
own
,
insinuating
themselves
into
the
minds
of
the
simpler
,
or
such
as
are
less
affected
to
the
Order
and
Government
of
the
Church
and
Common-wealth
,
whereby
divers
of
our
Inhabitants
have
been
infected
and
seduced
,
notwithstanding
all
former
Laws
made
,
(
upon
experience
of
their
arrogant
bold
obtrusions
,
to
disseminate
their
Principles
amongst
us
)
prohibiting
their
comeing
into
this
Jurisdiction
,
they
have
not
been
deterred
from
their
impetuous
Attempts
to
undermine
our
peace
and
hasten
our
ruine
;
Quakers
to
be
Apprehended
For
prevention
thereof
,
This
Court
doth
Order
and
Enact
,
that
every
person
or
persons
of
the
cursed
Sect
of
the
Quakers
,
who
is
not
an
Inhabitant
of
,
but
found
within
this
Jurisdiction
,
shall
be
Apprehended
(
without
Warrant
,
where
no
Magistrate
is
at
hand
)
by
any
Constable
Commissioner
or
Select
Man
,
and
conveyed
from
Constable
to
Constable
until
they
come
before
the
next
Magistrate
,
who
shall
commit
the
said
person
or
persons
to
close
Prison
,
Imprisoned
there
to
remain
without
Baile
until
the
next
Court
of
Assistants
where
they
shall
have
a
legal
trial
by
a
special
Jury
,
and
being
convicted
to
be
of
the
Sect
of
the
Quakers
,
shall
be
sentenced
to
Banishment
upon
pain
of
Death
.
Banished
on
pain
of
death
.
And
that
every
Inhabitant
of
this
Jurisdiction
,
being
convicted
to
be
of
the
aforesaid
Sect
,
either
by
taking
up
,
publishing
and
defending
the
horrid
Opinions
of
the
Quakers
,
or
by
stirring
up
Mutiny
,
Qualification
of
Quakers
Sedition
or
Rebellion
against
the
Government
,
or
by
taking
up
their
absurd
and
destructive
practises
,
viz.
denying
civil
respect
and
reverence
to
Equals
and
Superiours
,
withdrawing
from
our
Church
Assemblies
,
and
instead
thereof
frequenting
private
meetings
of
their
own
,
in
opposition
to
Church
Order
,
or
by
adhering
to
,
or
approving
of
any
known
Quakers
that
are
opposite
to
the
Orthodox
received
Opinions
and
Practises
of
the
Godly
,
and
endeavouring
to
disaffect
others
to
Civil
Government
and
Church
Order
;
and
condemning
the
practise
and
proceedings
of
this
Court
against
the
Quakers
,
manifesting
thereby
compliance
with
those
,
whose
design
is
to
ouerthrow
the
Order
established
in
Church
and
Common-wealth
:
Every
such
person
upon
examination
,
and
legal
conviction
before
the
Court
of
Assistants
in
manner
as
aforesaid
,
shall
be
committed
to
close
prison
for
one
Month
,
and
then
unless
they
chuse
voluntarily
to
depart
the
Jurisdiction
,
shall
give
Bond
for
their
good
Abbearance
and
appearance
at
the
next
Court
of
Assistants
,
where
continuing
obstinate
,
and
refusing
to
retract
and
reform
the
aforesaid
Opinions
and
Practises
,
shall
be
sentenced
to
Banishment
upon
pain
of
Death
:
And
in
case
of
the
aforesaid
voluntary
departure
,
not
to
remain
,
or
again
to
return
into
this
Jurisdiction
,
without
the
allowance
of
the
major
part
of
the
Council
first
had
and
published
,
Quakers
voluntarily
depart
,
m●y
〈◊〉
return
without
license
on
penalty
of
being
Banished
upon
pain
of
Death
,
and
any
one
Magistrate
,
upon
information
given
him
of
any
such
person
,
shall
cause
them
to
be
apprehended
,
and
if
upon
examination
of
the
case
,
One
Magistrate
may
commit
to
prison
.
he
shall
according
to
his
best
discretion
finde
just
ground
for
such
complaint
,
he
shall
commit
such
person
to
prison
,
until
he
comes
to
his
tryal
as
is
above
expressed
.
[
1646.
]
THis
Court
being
desirous
to
try
all
means
,
with
as
much
Lenity
as
may
consist
with
our
safety
,
to
prevent
the
Intrusions
of
the
Quakers
,
who
besides
their
Absurd
and
Blasphemous
Doctrines
,
do
like
Rogues
and
Vagabonds
come
in
upon
us
,
and
have
not
been
restrained
by
the
Laws
already
provided
;
Have
Ordered
,
that
every
such
Vagabond
Quaker
,
found
within
any
part
of
this
Jurisdiction
,
Order
against
Quakers
and
Vagabond
Rogues
.
shall
be
Apprehended
by
any
person
or
persons
,
or
by
the
Constable
of
the
Town
wherein
he
or
shee
is
taken
,
and
by
the
Constable
or
in
his
absence
,
by
any
other
person
or
persons
conveyed
before
the
next
Magistrate
of
that
Shire
wherein
they
are
taken
,
or
Commissioner
invested
with
Magistratical
power
:
And
being
by
the
said
Magistrate
or
Magistrates
,
Commissioner
or
Commissioners
adjudged
to
be
a
wandring
Quaker
,
viz.
one
that
hath
not
any
dwelling
,
or
orderly
allowance
as
an
Inhabitant
of
this
Jurisdiction
,
and
not
giving
civil
respect
by
the
usual
gestures
thereof
,
or
by
any
other
way
or
means
manifesting
himself
to
be
a
Quaker
,
shall
by
Warrant
under
the
hand
of
the
said
Magistrate
or
Magistrates
,
Commissioner
or
Commissioners
,
directed
to
the
Constable
of
the
Town
wherein
he
or
shee
is
taken
,
or
in
absence
of
the
Constable
,
to
any
other
meet
person
,
be
stripped
naked
from
the
middle
upwards
,
and
tyed
to
a
Carts
tail
,
and
whipped
through
the
Town
,
and
from
thence
immediately
conveyed
to
the
Constable
of
the
next
Town
towards
the
borders
of
our
Jurisdiction
,
as
their
Warrant
shall
direct
;
and
so
from
Constable
to
Constable
till
they
be
conveyed
through
any
the
outward
most
Towns
of
our
Jurisdiction
.
And
if
such
Vagabond
Quaker
shall
return
again
,
then
to
be
in
like
manner
Apprehended
,
and
conveyed
as
often
as
they
shall
be
found
within
the
Limits
of
our
Jurisdiction
;
Provided
every
such
wandring
Quaker
,
having
been
thrice
convicted
and
sent
away
as
abovesaid
,
and
returning
again
into
this
Jurisdiction
,
shall
be
Apprehended
,
and
Committed
by
any
Magistrate
or
Commissioner
as
abovesaid
unto
the
House
of
Correction
within
that
County
wherein
he
or
shee
is
found
,
until
the
next
Court
of
that
County
;
where
if
the
Court
judge
not
meet
to
release
them
,
they
shall
be
Branded
with
the
Letter
R.
on
their
left
shoulder
,
and
be
severely
Whipt
,
and
sent
away
in
manner
as
before
.
And
if
after
this
,
he
or
shee
shall
return
again
;
then
to
be
proceeded
against
as
Incorrigible
Rogues
and
Enemies
to
the
Common
Peace
,
and
shall
immediately
be
apprehenended
,
and
Committed
to
the
Common
Goal
of
the
Country
,
and
at
the
next
Court
of
Assistants
shall
be
brought
to
their
tryal
,
and
proceeded
against
according
to
the
Law
made
Anno.
1658.
pag.
36.
for
their
punishment
on
pain
of
death
.
And
for
such
Quakers
as
shall
arise
from
amongst
our selves
,
they
shall
be
proceeded
against
as
the
former
Law
of
Anno.
1658.
pag.
36.
doth
provide
,
until
they
have
been
convicted
by
a
Court
of
Assistants
;
and
being
so
convicted
,
he
or
shee
shall
then
be
Banished
this
Jurisdiction
;
and
if
after
that
they
shall
be
found
in
any
part
of
this
Jurisdiction
,
then
he
or
shee
so
Sentenced
to
Banishment
,
shall
be
proceeded
against
as
those
that
are
Strangers
and
Vagabond
Quakers
,
in
manner
as
is
above
expressed
.
And
it
is
further
Ordered
,
That
whatsoever
charge
shall
arise
about
Apprehending
,
Whipping
,
Conveying
,
or
otherwise
about
the
Quakers
,
to
be
laid
out
by
the
Constables
of
such
Towns
where
it
is
expended
,
and
to
be
repaid
by
the
Treasurer
out
of
the
next
Country
Levy
.
And
further
,
that
the
Constables
of
the
several
Towns
are
hereby
impowred
from
time
to
time
,
as
necessity
shall
require
,
to
Impress
Cart
,
Oxen
,
and
other
Assistants
for
the
Execution
of
this
Order
.
[
1661.
]
THis
Court
heretofore
,
for
some
Reasons
inducing
,
did
judge
meet
to
suspend
the
execution
of
the
Laws
against
Quakers
,
as
such
,
so
far
as
they
respect
Corporal
punishment
or
Death
,
during
the
Courts
pleasure
.
Now
forasmuch
as
new
complaints
are
made
to
this
Court
of
such
persons
abounding
,
especially
in
the
Eastern
parts
,
endeavouring
to
draw
away
others
to
that
wicked
Opinion
;
Order
against
Vagabond
Quakers
May
1661.
in
force
.
It
is
therefore
Ordered
,
that
the
last
Law
tit
.
Vagabond
Quakers
,
May
1661.
be
henceforth
in
force
in
all
respects
;
Provided
that
their
Whipping
be
but
through
three
Towns
:
and
the
Magistrate
or
Commissioners
signing
such
Warrant
,
shall
appoint
both
the
Towns
,
and
number
of
Stripes
in
each
Town
to
be
given
.
[
1662.
]
HIDES
and
SKINS
.
WHereas
some
persons
more
seeking
their
own
private
advantage
then
the
good
of
the
Publick
,
do
Transport
Raw
Hides
and
Pelts
;
It
is
Ordered
that
henceforth
no
person
shall
deliver
aboard
any
Ship
or
other
Vessel
,
Raw
Hides
not
to
be
transported
.
directly
or
indirectly
,
any
Raw
Hide
,
Skin
,
Pelt
or
Leather
unwrought
,
with
intent
to
have
the
same
transported
out
of
this
Jurisdiction
,
upon
pain
to
forfeit
the
same
or
the
value
thereof
And
that
no
M●ster
of
any
Ship
or
Vessel
shall
receive
any
Raw
Hides
,
Skins
,
Pelts
or
Leather
unwrought
,
directly
or
indirectly
aboard
his
Ship
or
Vessel
to
be
so
transported
upon
the
like
penalty
.
Provided
that
any
Person
,
Stranger
or
other
,
may
transport
any
Hides
or
Skins
brought
hither
from
beyond
the
Seas
by
way
of
Merchandize
,
or
the
Skins
of
Bever
,
Moos
,
Bear
and
Otter
.
[
1646.
]
2.
Vpon
Information
of
the
neglect
of
many
persons
,
L.
2.
p.
8.
in
not
saving
such
Hides
or
Skins
,
as
either
by
casualty
or
Slaughter
come
to
hand
,
whereby
damage
redounds
to
the
Country
;
It
is
Ordered
,
that
every
Hide
or
Skin
shall
carefully
be
dryed
,
before
it
corrupt
,
Hides
and
skins
to
be
preserved
.
and
that
such
Hides
or
Skins
shall
be
sent
where
they
may
be
Tanned
or
Dressed
,
and
whosoever
shall
neglect
to
do
as
aforesaid
,
shall
forfeit
for
every
such
Hide
five
shillings
,
and
for
ever
Skin
of
Calves
or
small
Cattle
twelve
pence
.
[
1640
,
46.
]
HIGH-WAYES
.
TO
the
end
there
maȳ
be
convenient
High-waȳes
for
Travellers
.
It
is
Ordered
by
the
Authority
of
this
Court
,
That
all
Country
Highwayes
shall
be
such
as
may
be
most
easie
and
safe
for
Travellers
,
to
which
purpose
the
Court
of
that
County
where
such
High-wayes
is
to
be
made
and
laid
out
,
shall
upon
complaint
appoint
two
or
three
men
of
each
next
Town
,
whose
Inhabitants
have
most
occasion
thereof
,
upon
view
to
lay
out
such
High-wayes
according
to
Order
,
given
them
by
that
Court
,
and
make
return
of
what
they
do
therein
to
the
next
Court
,
Provided
alwayes
it
occasion
not
the
pulling
down
of
any
Mans
House
,
or
laying
open
any
Garden
or
Orchard
,
and
in
Common
Grounds
,
or
where
the
Soyle
is
wet
,
myrie
or
very
rocky
,
shall
lay
out
such
High-wayes
the
wider
,
viz.
six
,
eight
,
ten
or
more
Rods.
Satisfaction
to
be
given
proprietor
.
Provided
,
that
if
any
Man
be
thereby
damaged
in
his
improved
Ground
,
the
Town
shall
make
him
reasonable
satisfaction
,
by
estimation
of
those
that
laid
out
the
same
:
and
if
such
persons
deputed
cannot
agree
,
it
shall
be
referred
unto
the
County
Court
of
the
Shire
,
who
shall
have
power
to
heat
and
determine
the
Case
;
And
if
any
person
finde
himself
justly
grieved
with
any
act
or
thing
,
done
by
the
persons
deputed
aforesaid
,
he
may
Appeal
to
the
County
Court
aforesaid
,
but
if
he
be
found
to
complain
without
cause
,
he
shall
surely
pay
all
charges
of
the
parties
,
and
Court
,
during
that
Action
,
and
also
be
fined
to
the
Country
as
the
Court
shall
adjudge
.
[
1639.
]
Private
wayes
in
Towns
.
2.
It
is
Ordered
and
Declared
by
this
Court
,
That
the
Select
Townsmen
of
every
Town
,
have
power
to
lay
out
(
by
themselves
or
others
)
particular
and
private
wayes
concerning
their
own
Town
,
only
so
as
no
damage
be
done
to
any
man
without
due
recompence
to
be
given
by
the
judgement
of
the
said
Select
men
,
Private
wayes
in
Town●
and
one
or
two
chosen
by
the
said
Select
men
,
and
one
or
two
chosen
by
the
party
,
and
if
any
person
shall
finde
himself
justly
grieved
,
he
may
Appeal
to
the
next
County
Court
of
that
Shire
,
who
shall
do
justice
therein
as
in
other
Cases
.
[
1642.
]
Incumbrance
in
High-wayes
to
be
removed
,
3.
Vpon
information
that
divers
High-wayes
are
much
annoyed
and
incumbred
by
Gates
and
Rails
erected
upon
them
;
It
is
Ordered
by
the
Authority
of
this
Court
;
That
upon
any
information
or
complaint
made
to
any
County
Court
,
or
to
any
Magistrate
of
any
such
Gates
or
Rails
erected
,
or
to
be
erected
upon
any
Common
High-way
,
the
said
Court
or
Magistrate
shall
appoint
a
Committee
of
discreet
and
indifferent
men
to
view
such
incumbrance
,
and
to
Order
the
reformation
thereof
.
And
if
the
parties
whom
it
shall
concern
,
shall
not
submit
to
such
Orders
,
they
shall
require
them
to
appear
at
the
next
Court
of
that
Shire
,
and
also
shall
certifie
the
incumbrance
found
,
and
Order
by
them
made
under
their
hands
unto
the
said
Court
,
or
appear
in
person
to
prosecute
the
cause
,
where
it
shall
be
heard
and
determined
for
ease
and
conveniency
of
Travellers
,
with
due
respect
to
the
Proprietors
cost
and
damage
,
but
no
person
shall
stand
charged
with
the
repair
of
common
High-wayes
through
his
own
Ground
.
[
1647.
]
HORSES
,
MARES
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
;
L.
2.
p.
11.
That
no
Master
or
Commander
of
any
Ship
or
Barque
,
shall
receive
on
board
his
Ship
or
Vessel
,
any
Horse
,
Gelding
or
Mare
,
but
such
as
shall
be
entred
into
a
Book
,
with
the
colour
,
particular
marks
and
age
,
(
as
near
as
may
be
known
)
and
person
of
whom
such
Horse
was
last
bought
,
Horses
to
be
transported
,
to
be
entred
in
a
Book
.
and
proof
by
Witness
or
Oath
that
he
was
the
true
owner
thereof
,
to
be
kept
by
the
Clerks
of
the
Writs
in
all
their
Towns
,
who
are
hereby
Authorized
to
view
all
such
as
shall
be
shipped
;
and
for
every
Horse
so
entred
,
there
shall
be
paid
to
the
said
Officers
,
by
the
Owner
or
Merchant
of
such
Horse
,
six
pence
a
piece
.
And
every
Commander
or
Master
of
any
Vessel
,
who
shall
take
on
board
any
other
Horse
or
Mare
,
except
such
as
he
shall
receive
a
Note
under
the
hand
of
the
said
Clerk
,
and
be
entred
as
aforesaid
,
Penalty
shall
for
every
such
offence
forfeit
the
Sum
of
forty
shillings
to
the
Informer
and
forty
shillings
to
the
Treasury
.
[
1649.
]
No
Hors●●
to
〈◊〉
sold
to
Indians
.
It
is
Ordered
,
that
no
person
shall
under
any
pretence
sell
or
any
way
dispose
any
Horse
,
Mare
or
Colt
,
to
any
Indian
,
upon
the
penalty
of
one
hundred
pounds
.
[
1655.
]
WHereas
the
Breed
of
Horses
in
the
Country
is
utterly
spoiled
,
whereby
that
useful
Creature
will
become
a
burthen
,
which
otherwise
might
be
benificial
,
and
the
occasion
thereof
is
conceived
to
be
through
the
smalness
and
badness
of
Stone
Horses
and
Colts
that
run
in
Commons
and
Woods
;
For
prevention
whereof
,
This
Court
doth
Order
and
Enact
,
and
be
it
Ordered
and
Enacted
by
the
Authority
hereof
,
Order
for
the
best
improvment
of
stone
Horses
That
no
Stone
Horse
above
two
years
old
shall
be
suffered
to
go
in
Commons
and
Woods
at
liberty
,
unless
he
be
of
comely
proportion
and
sufficient
stature
,
not
less
then
fourteen
Hands
high
,
reckoning
four
Inches
to
a
Handful
,
and
such
a
Horse
to
be
viewed
and
allowed
by
the
major
part
of
the
Select
men
of
the
Town
where
the
owner
lives
.
And
if
any
person
or
persons
turn
any
Stone
Horse
upon
the
Commons
,
or
at
liberty
,
or
in
the
Woods
,
being
not
viewed
and
allowed
as
before
,
he
or
they
shall
forfeit
twenty
shillings
a
Month
for
every
Stone
Horse
running
at
liberty
,
after
he
is
a
two
years
old
;
which
penalty
is
to
be
taken
by
Warrant
of
the
Select
Men
,
and
imployed
to
the
Towns
use
,
and
if
the
Select
Men
of
any
Town
do
neglect
their
duty
in
taking
their
fines
,
and
viewing
such
as
are
brought
in
,
according
to
this
Law
,
they
shall
forfeit
twenty
shillings
to
the
County
Treasury
;
and
this
Law
to
be
in
force
the
first
of
October
next
.
[
1668.
]
Idle
Persons
.
WHereas
in
the
Law
tit.
House
of
Correction
,
Idle
persons
are
particularly
named
as
such
,
as
the
Law
intendeth
should
be
committed
to
that
House
for
Correction
and
Reformation
:
This
Court
taking
notice
,
upon
good
information
and
sad
complaints
,
that
there
are
some
persons
in
this
Jurisdiction
,
that
have
Families
to
provide
for
,
who
greatly
neglect
their
Callings
,
or
mispend
what
they
earn
,
whereby
their
Families
are
in
much
want
,
and
are
thereby
exposed
to
suffer
,
and
to
need
relief
from
others
;
This
Court
for
remedy
of
these
great
and
unsufferable
evils
;
do
Declare
,
that
by
Idle
persons
(
mentioned
in
the
recited
Law
)
such
neglectors
of
their
Families
,
are
comprehended
amonst
the
rest
,
and
that
in
a
special
manner
.
[
1668.
]
Constable
to
take
notice
of
Idle
persons
.
IT
is
Ordered
,
that
no
person
,
House-holder
or
other
,
shall
spend
his
time
Idely
or
unprofitably
,
under
pain
of
such
punishment
,
as
the
County
Court
shall
think
meet
to
inflict
.
And
the
Constables
of
every
Town
are
required
to
use
special
care
to
take
notice
of
Offenders
in
this
kinde
,
especially
of
common
Coasters
,
unprofitable
Fowlers
,
and
Tobacco
takers
,
and
present
the
same
to
the
next
Magistrate
,
who
is
hereby
impowred
to
hear
and
determine
the
cause
,
or
transfer
it
to
the
next
Court.
[
1633.
]
JESVITES
.
THis
Court
taking
into
consideration
the
great
Wars
,
Combustions
and
Divisions
which
are
this
day
in
Europe
and
that
the
same
are
observed
to
be
raised
and
fomented
,
chiefly
by
the
secret
underminings
,
and
solicitations
of
those
of
the
Jesuitical
Order
,
Men
brought
up
and
Devoted
to
the
Religion
and
Court
of
Room
,
which
hath
occasioned
divers
States
to
expel
them
their
Territories
,
for
prevention
whereof
among
our selves
;
Forbidden
to
enter
out
Jurisdiction
.
It
is
Ordered
and
Enacted
by
Authority
of
this
Court
,
That
no
Jesuite
or
Spiritual
or
Ecclesiastical
person
(
as
they
are
termed
)
Ordained
by
the
Authority
of
the
Pope
or
See
of
Room
;
shall
henceforth
at
any
time
repair
to
,
or
come
within
this
Jurisdiction
:
And
if
any
person
shall
give
just
cause
of
suspition
,
that
he
is
one
of
such
Society
or
Order
,
he
shall
be
brought
before
some
of
the
Magistrates
,
and
if
he
cannot
free
himself
of
such
suspition
,
he
shall
be
committed
to
Prison
,
or
bound
over
to
the
next
Court
of
Assistants
,
to
be
tryed
and
proceeded
with
,
To
be
Banished
.
by
Banishment
or
otherwise
as
the
Court
shall
see
cause
.
And
if
any
person
so
Banished
,
be
taken
the
second
time
within
this
Jurisdiction
,
upon
lawful
tryal
and
conviction
,
he
shall
be
put
to
Death
.
Provided
this
Law
shall
not
extend
to
any
such
Jesuite
,
Spiritual
or
Ecclesiastical
person
,
as
shall
be
cast
upon
our
Shores
by
Ship-wrack
or
other
Accident
,
so
as
he
continue
no
longer
then
till
he
may
have
opportunity
of
Passage
for
his
departure
;
nor
to
any
such
as
shall
come
in
company
with
any
Messenger
hither
upon
publick
occasions
,
or
Merchant
,
or
Master
of
any
Ship
belonging
to
any
place
,
not
in
enmity
with
the
State
of
England
,
or
our selves
,
so
as
they
depart
again
with
the
same
Messenger
,
Master
or
Merchant
,
and
behave
themselves
inoffensively
during
their
abode
here
.
[
1647.
]
IMPOSTS
.
FOR
the
support
of
the
Government
and
Maintenance
of
Fortification
,
for
the
protecting
and
safe
guarding
our
Harbours
for
our selves
and
others
that
come
to
Trade
with
us
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
A.
53.
p.
19.
That
every
Person
,
Merchant
,
Seaman
or
other
,
that
bring
Wines
,
or
Strong-waters
into
any
of
our
Harbours
,
in
any
Ships
or
Vessels
whatsoever
(
except
they
come
directly
from
England
as
their
first
Port
)
before
they
Land
any
of
the
said
Wines
or
Strong-waters
,
more
or
less
,
Wines
to
be
entred
before
landed
.
shall
first
make
entry
of
as
many
Butts
,
Pipes
or
other
Vessels
,
as
they
or
any
of
them
shall
put
on
shore
,
by
a
Note
under
their
Hands
delivered
to
the
Officer
that
is
to
receive
the
Customes
at
his
House
,
upon
pain
of
forfeiture
and
confiscation
of
all
such
Wines
and
Strong-waters
as
are
Landed
,
before
such
entry
made
,
wheresoever
found
,
the
one
half
to
the
Country
,
the
other
half
to
the
Officer
,
and
the
Merchant
or
owner
of
such
Wines
of
any
kinde
,
or
Strong
waters
,
as
soon
as
he
Lands
them
,
shall
deliver
and
pay
unto
the
said
Officer
what
is
due
for
Custome
of
them
according
to
this
Order
,
Custome
to
be
paid
upon
the
Landing
.
in
Wine
or
Strong-water
,
according
to
the
proportion
of
the
goodness
of
the
parcel
that
is
brought
in
,
as
the
Officer
and
Owner
can
agree
,
to
the
contentment
and
satisfaction
of
the
said
Officer
,
but
if
they
cannot
agree
,
Customers
Deputy
.
the
Treasurer
for
the
time
being
shall
Determine
the
price
thereof
.
And
it
is
further
Ordered
,
that
the
chief
Officer
or
Customer
shall
have
under
him
a
Deputy
or
Deputies
,
who
shall
be
as
searchers
or
waiters
in
several
places
,
to
take
up
such
Wines
or
Strong-waters
by
order
of
the
said
chief
Officer
,
and
to
take
notice
of
what
is
Landed
in
any
place
of
this
Jurisdiction
,
that
the
Country
be
not
defrauded
,
who
shall
have
due
recompence
,
as
the
chief
Officer
shall
agree
with
them
,
and
all
Wines
shall
pay
Custome
according
to
the
Rates
following
:
Rates
of
the
Custom
of
wine
.
Every
Butte
or
Pipe
of
Fyall
Wines
,
or
any
other
Wines
of
the
Western
Islands
,
five
shillings
.
Every
Pipe
of
Madera
wine
six
shillings
eight
pence
.
Every
Butte
or
Pipe
of
Sherry
,
Sack
,
Malaga
,
or
Canary
Wines
,
ten
shillings
.
Muscadels
,
Malmsies
and
other
Wines
from
the
Straits
,
ten
shillings
.
Bastards
,
Tents
and
Alligants
,
ten
shillings
.
And
proportionable
for
greater
or
lesser
Vessels
of
each
kinde
.
Every
Hogshead
of
French
Wines
two
shillings
six
pence
.
And
every
Hogshead
of
Strong-waters
,
ten
shillings
,
and
proportionably
for
greater
or
lesser
quantities
.
Customers
power
and
duty
.
2.
And
for
the
better
recovering
any
such
Customes
of
Wines
and
Strong
waters
,
or
Forfeitures
,
for
not
entring
according
to
this
Order
;
It
is
Ordered
,
that
the
said
Officer
or
his
Deputy
,
hath
hereby
power
,
and
is
required
to
go
into
all
Houses
or
Cellars
,
where
he
knoweth
or
suspecteth
any
Wine
or
Strong-waters
to
be
,
and
shall
seize
all
such
Wines
and
Strong-waters
as
are
not
entred
according
to
this
order
;
and
also
seize
and
take
possession
of
so
much
Wines
and
Strong-waters
as
shall
make
payment
for
what
Custome
is
due
,
according
to
entries
made
,
and
is
refused
or
neglected
to
be
paid
in
due
manner
according
to
this
Order
.
Constables
to
assist
the
Officer
And
all
Constables
and
other
Officers
are
hereby
required
to
assist
and
aid
the
Officer
in
the
discharge
of
his
duty
,
and
helping
to
break
open
such
Houses
or
Cellars
of
the
Owners
of
such
Wines
or
Strong-waters
,
as
shall
refuse
to
open
their
doors
or
deliver
their
Keys
in
a
peaceable
manner
.
Constables
and
others
to
assist
the
Customer
And
any
Smith
,
Carter
,
Owner
of
Boat
,
Porter
or
other
,
that
shall
be
required
by
the
Officer
to
help
and
assist
in
taking
,
loading
and
transporting
such
Wines
for
the
use
of
the
Country
,
and
shall
refuse
or
neglect
such
service
for
due
hire
,
shall
forfeit
to
the
Common
Treasury
,
ten
shillings
for
such
default
,
on
penalty
of
ten
shillings
to
be
levyed
by
the
Constable
,
by
Warrant
from
any
one
Magistrate
.
And
all
Debts
due
unto
the
Country
for
Custome
of
Wines
or
Strong-waters
,
where
Wines
or
Strong-waters
are
not
to
be
found
,
they
shall
be
recoverable
in
a
way
of
Action
,
according
to
the
course
of
Law
in
other
Cases
.
3.
And
it
is
further
Orderd
,
L.
2.
p.
9.
That
besides
the
Customes
of
Wines
or
Strong-waters
aforesaid
,
all
Merchants
or
Masters
of
Strangers
Ships
;
which
shall
arive
with
Merchandize
,
in
any
of
our
Harbours
of
Boston
or
Charls-town
,
and
shall
make
sale
thereof
,
or
of
the
greater
part
of
the
●ame
,
shall
pay
by
way
of
Custome
or
Imposition
,
Six
pence
per
〈◊〉
paid
by
every
〈◊〉
.
after
the
Rate
of
six
pence
per
Tun
for
every
Ship
,
to
be
paid
out
of
the
said
Merchandize
;
And
the
Master
of
every
such
Ship
,
shall
also
pay
ten
shillings
towards
the
maintenance
of
our
Fortifications
,
for
the
de●ence
of
our
said
Harbours
;
Provided
no
English-ship
,
or
other
Ship
or
Vessel
,
Fraught
in
England
,
by
any
English
man
arriving
in
our
said
Harbours
,
nor
any
Vessel
of
our
Confederates
,
or
any
other
parts
where
our
Sips
are
free
of
Customes
,
Imposts
and
Taxes
,
shall
pay
the
said
Custome
of
six
pence
per
Tun
to
the
Officer
appointed
,
For
a
ship
of
〈…〉
.
but
only
towards
the
maintenance
of
the
said
Fortifications
ten
shillings
for
every
Ship
above
the
burden
of
two
Hundred
Tuns
,
and
six
shillings
eight
pence
for
all
other
Vessels
and
Ships
under
that
burden
.
[
1645.
]
Impost
on
Wine
and
Strong
Liquors
.
WHereas
the
General
Court
hath
formerly
for
good
and
weighty
Reasons
,
laid
an
Impost
upon
Wines
and
Strong-waters
Imported
;
Imp●●●
〈…〉
Ale
a●d
〈…〉
p●r
Hog●●●●
It
is
thought
expedient
by
this
Court
,
for
good
causes
and
considerations
,
to
set
a
Rate
upon
all
Cyder
,
Mum
,
Ale
and
Beer
;
sold
in
publick
Houses
licensed
to
sell
such
things
,
that
is
to
say
,
two
shillings
six
pence
per
Hogshead
upon
all
Cyder
,
Ale
and
Beer
,
and
five
shillings
per
Hogshead
upon
all
Mum
,
and
so
in
proportion
thereto
,
to
each
of
them
in
greater
or
lesser
quantities
.
M●●●●
〈◊〉
p●r
●●●she●d
And
this
Court
doth
further
Order
that
these
Rates
or
Sums
abovesaid
,
be
paid
to
the
Treasurer
of
the
Country
or
to
his
Assignes
in
Money
▪
by
every
person
Licensed
to
keep
an
Inne
,
Ordinary
,
or
House
of
publick
entertainment
,
within
this
Jurisdiction
whatsoever
.
And
to
that
end
,
every
person
so
Licensed
,
and
selling
,
are
Ordered
and
Required
to
keep
a
true
and
just
account
of
what
he
or
they
shall
sell
from
time
to
time
;
and
that
at
the
end
of
every
Month
or
Week
,
being
thereto
required
,
after
the
publication
hereof
,
they
shall
present
the
said
account
to
the
Treasurer
abovesaid
,
upon
Oath
if
required
,
or
to
his
Assigne
,
and
pay
all
the
Money
due
hereby
;
and
in
case
any
of
the
persons
Licensed
as
abovesaid
,
shall
refuse
or
neglect
to
do
what
is
above
Ordered
,
upon
conviction
before
any
two
Magistrates
or
Court
of
that
County
where
the
offence
is
committed
,
shall
pay-treble
damage
to
the
Country
or
forfeit
his
or
their
License
,
at
the
discretion
of
that
Authority
that
shall
take
Cognizance
thereof
.
[
1668.
]
FOr
the
better
Explanation
and
effectual
Execution
of
the
Law
,
tit
.
Impost
;
Wines
&
Strong
Liquors
imported
to
be
entred
with
the
Officer
,
It
is
Ordered
and
Enacted
by
this
Court
and
the
Authority
thereof
;
That
all
Wines
and
Strong-waters
Imported
into
this
Jurisdiction
,
according
to
that
Law
,
be
entred
with
the
Officer
in
particulars
,
both
for
quantity
and
quality
,
before
any
of
it
be
Landed
,
upon
the
penalty
of
the
forfeiture
of
all
that
is
Landed
before
it
be
entred
.
It
is
Ordered
that
the
Impost
required
by
Law
be
paid
to
the
Officer
in
Money
,
or
the
best
of
the
specie
at
Money
price
.
Impost
upon
all
Goods
and
Provisions
.
THis
Court
taking
notice
of
sundry
Complaints
of
much
Inequality
in
the
present
way
of
raising
Moneys
to
defray
Publick
Charges
;
Do
therefore
Order
,
and
by
the
Authority
of
this
Court
,
be
it
Ordered
and
Enacted
:
I.
That
all
Goods
,
Wares
,
Merchandizes
and
Provisions
of
all
sorts
(
excepting
Fish
,
Sheeps-Wool
,
Cotton-wool
,
Salt
,
and
such
other
things
as
by
former
Laws
are
exempted
,
or
otherwise
provided
for
)
which
from
any
forreign
part
,
or
other
Jurisdiction
,
shall
be
imported
into
any
of
our
Harbours
,
Ports
,
Shores
or
elsewhere
within
this
Jurisdiction
,
shall
be
Rated
in
a
just
proportion
with
Estates
Rateable
in
the
Country
,
viz.
for
every
twenty
shillings
value
,
shall
be
paid
one
penny
in
Money
.
II.
All
Goods
,
Wares
and
Merchandizes
as
aforesaid
,
shall
be
here
valued
as
followeth
;
that
is
,
Every
Hundred
pounds
at
the
Port
or
Place
from
whence
it
came
,
to
be
accounted
here
at
one
Hundred
and
twenty
pounds
,
which
penny
per
twenty
Shillings
,
shall
be
paid
by
the
Agent
,
Factor
,
Owner
or
other
person
by
whom
they
are
brought
,
or
to
whom
they
are
sent
or
Consigned
;
and
so
according
to
the
same
proportion
for
all
greater
or
lesser
quantities
whatsoever
.
III.
To
which
end
,
all
Goods
and
Provisions
as
aforesaid
Imported
,
shall
by
the
Master
,
Purser
,
Boatswain
,
or
Skipper
of
each
Ship
or
other
Vessel
in
which
they
are
brought
,
before
breaking
Bulk
,
or
Landing
any
of
the
said
Goods
,
be
certified
unto
the
Country
Treasurer
or
Collector
by
him
impowred
in
the
several
Port
Towns
,
or
other
places
where
they
are
brought
,
on
penalty
of
forfeiture
of
twenty
shillings
per
Tun
,
according
to
the
burthen
of
the
Ship
or
Vessel
wherein
they
are
brought
from
time
to
time
.
IV.
And
all
and
every
such
Collector
,
shall
carefully
and
truely
enter
all
such
Goods
,
with
their
several
Marks
,
Casks
,
Packs
,
Fardels
,
Trusses
,
Chests
,
Truncks
,
Cases
,
and
all
other
things
however
called
or
distinguished
,
with
the
Names
of
the
persons
to
whom
such
Goods
or
other
Things
are
sent
and
Consigned
,
or
are
Owners
thereof
,
so
far
as
may
by
any
lawful
means
be
discovered
.
V.
And
all
persons
to
whom
such
Goods
or
other
things
aforesaid
,
are
Consigned
or
sent
,
or
are
the
Owners
thereof
,
shall
from
time
to
time
;
before
such
Goods
are
Landed
,
signifie
the
true
and
just
value
thereof
,
by
shewing
the
true
and
perfect
Invoyce
thereof
,
unto
the
aforesaid
Collectors
for
each
Port
;
who
are
hereby
required
to
Enter
the
gross
Sum
thereof
in
a
Book
for
that
purpose
,
what
the
said
Goods
or
other
things
amount
unto
,
and
shall
forthwith
demand
and
receive
the
several
Rates
or
Assessments
aforementioned
,
or
certifie
the
Treasurer
,
or
such
other
Collector
or
Receiver
as
is
concerned
therein
.
VI.
And
in
case
of
denial
or
delay
of
payment
,
the
Collector
Authorized
as
aforesaid
,
shall
levy
the
same
by
distress
upon
the
said
Goods
,
at
the
Rate
or
price
set
in
the
Invoyce
,
out
of
which
he
shall
have
two
shillings
per
pound
for
his
time
and
labour
therein
:
And
for
the
more
full
effecting
hereof
,
the
said
Collector
is
impowred
to
require
aid
(
if
need
be
)
as
any
Constable
may
in
the
like
service
,
and
no
man
may
refuse
to
assist
,
upon
the
same
penalty
the
Law
in
that
case
express
.
VII
.
If
any
Invoyce
or
Bill
of
Parcels
shall
be
falsified
,
concealed
,
or
not
produced
,
of
any
Goods
or
other
things
imported
as
aforesaid
,
it
shall
be
lawful
for
the
Treasurer
or
Collector
,
with
the
Select
Men
of
each
Town
therein
concerned
,
to
Rate
all
such
Goods
,
or
the
Owner
,
or
other
Agent
for
the
same
,
by
Will
and
Doom
,
according
to
their
best
discretion
;
Provided
it
be
not
less
then
four
pounds
per
Tun
,
as
the
same
stands
Entred
in
the
Bill
of
Lading
,
in
the
Boatswain
or
other
Officers
Book
.
VIII
.
It
is
further
Ordered
,
in
reference
to
all
sorts
of
Cattle
that
are
brought
into
this
Jurisdiction
,
to
be
sold
,
killed
or
transported
,
that
the
Venders
shall
give
a
just
and
true
account
of
all
such
Cattle
so
brought
,
to
some
one
of
the
aforesaid
Officers
impowred
to
act
herein
,
both
in
respect
of
number
and
kinde
,
and
the
same
shall
be
entred
in
a
Book
;
and
the
Owners
of
all
such
Cattle
,
or
the
person
with
whom
they
are
trusted
;
before
they
are
set
to
sale
,
killed
or
put
on
Board
any
Vessel
for
transport
,
shall
pay
for
every
Head
as
is
expressed
in
the
Law
tit.
Charges
Publick
,
upon
penalty
of
forfeiture
of
any
such
Beast
,
or
the
true
value
thereof
,
in
whose
hand
soever
found
;
the
one
half
to
the
publick
Treasury
,
the
other
half
to
the
Informer
.
IX
.
For
all
other
sorts
of
Goods
,
Hides
,
Skins
,
Beaver
,
Peltry
,
Butter
,
Cheese
,
or
other
Merchandize
or
Provisions
brought
into
this
Jurisdiction
by
Land
,
the
Owner
,
Factor
,
Agent
;
or
other
person
intrusted
,
shall
before
any
sale
made
,
or
before
any
putting
on
Board
any
Vessel
for
transport
,
or
other
disposal
of
the
said
goods
,
make
a
just
and
true
Entry
thereof
,
as
is
before
provided
concerning
Goods
imported
by
Sea
,
and
to
be
●●ated
one
penny
in
every
twenty
shillings
,
the
same
to
be
paid
in
Money
to
the
said
Officer
,
under
the
penalty
of
forfeiture
as
aforesaid
;
the
one
third
part
to
the
Country
Treasurer
,
one
third
part
to
the
Informer
,
and
one
third
part
to
the
Collector
.
X.
The
Country
Treasurer
for
the
time
being
,
is
hereby
impowered
and
required
duly
to
execute
,
or
cause
to
be
duely
and
fully
executed
this
present
Order
in
each
particular
part
thereof
;
who
is
also
impowered
and
Authorized
to
depute
and
impower
all
such
Officers
under
him
,
as
he
shall
judge
necessary
for
the
accomplishment
thereof
,
who
upon
Warrant
to
them
directed
under
his
Hand
and
Seal
,
shall
attend
the
same
:
And
the
said
Officer
or
Officers
shall
be
accountable
to
the
said
Treasurer
,
when
he
shall
call
them
thereunto
.
XI
.
It
is
also
Ordered
,
That
such
Goods
or
other
things
as
upon
importation
shall
by
this
Order
be
paid
for
,
shall
not
again
for
that
year
be
Rated
,
whilst
they
remain
in
the
hands
of
them
that
so
paid
for
them
.
XII
.
In
case
the
Treasurer
or
any
Officer
under
him
,
shall
finde
any
great
difficult
or
doubtful
case
in
the
execution
of
this
Order
,
they
shall
repair
to
the
Governour
and
Council
,
or
so
many
of
them
as
can
conveniently
assemble
,
provided
the
number
be
not
less
then
five
,
who
are
hereby
impowred
to
give
such
Order
and
Directions
for
removing
Obstructions
,
as
the
major
part
of
them
shall
judge
expedient
,
for
the
effectual
prosecution
of
this
Order
.
And
the
Order
Respecting
Customes
,
made
October
1668.
is
hereby
Repealed
.
And
it
is
Ordered
further
,
That
this
present
Law
be
in
force
forthwith
,
upon
the
ending
of
this
present
Sessions
,
and
forthwith
publish
in
Boston
and
Charlstown
.
It
is
Ordered
by
this
Court
,
that
this
shall
be
the
Seal
of
the
Treasurers
Office
.
T.M.
ALthough
there
are
several
Orders
made
by
this
Court
,
concerning
the
receiving
of
the
Rates
of
Goods
Imported
,
yet
it
is
found
by
experience
,
that
it
falls
short
of
attaining
the
full
end
intended
:
For
prevention
of
the
defrauding
of
the
Officer
who
is
appointed
to
Collect
the
same
;
Law
to
prevent
the
defrauding
of
the
Officer
for
Customes
It
is
hereby
Ordered
,
as
an
Addition
to
what
the
Law
hath
provided
in
this
case
,
that
all
Masters
of
Ships
or
other
Vessels
,
comeing
into
our
Ports
with
any
Goods
Rateable
according
to
Law
,
shall
keep
in
their
Custody
all
such
Goods
,
till
they
receive
an
Order
from
the
Collector
to
deliver
the
same
,
or
in
defect
thereof
to
pay
unto
the
said
Officer
the
full
value
of
the
Rate
appointed
by
Law
.
[
1670.
]
Three
Questions
resolved
.
Whether
the
revenue
arising
by
Rate
or
Custome
of
Goods
Imported
,
as
also
Powder
paid
by
Shipping
belonging
to
Strangers
and
brought
into
the
River
of
Pascataqua
,
is
to
be
returned
to
the
Publick
Treasury
of
this
Country
?
This
Question
is
Resolved
by
the
whole
Court
on
the
Assirmative
.
Whether
the
Money
already
Collected
in
Pascataqua
River
,
viz.
by
Customes
or
Rate
on
Goods
Imported
,
&c.
and
for
Powder
paid
by
shipping
,
that
is
,
what
hath
been
received
from
Strangers
,
and
such
as
are
not
Inhabitants
of
the
said
River
,
is
to
be
returned
to
the
publick
Treasury
of
this
Country
;
this
Question
also
was
resolved
on
the
Affirmative
by
the
Court.
Whether
the
Revenue
arising
by
the
Rate
or
Custome
layd
on
Goods
Imported
,
belonging
to
the
Inhabitants
of
Pascataqua
River
,
which
is
brought
into
the
said
River
,
is
to
be
paid
into
the
Country
Treasurer
;
This
Question
is
Resolved
in
the
Negative
by
the
whole
Court.
[
1671.
]
IMPRESSES
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
in
all
publick
works
of
this
Common-wealth
,
L.
1.
p.
9.
one
Magistrate
and
the
overseer
of
the
work
,
Labourets
pressed
for
any
pablick
work
shall
have
power
to
send
their
Warrants
to
the
Constables
of
the
next
Towns
,
to
send
so
many
Labourers
and
Artificers
as
the
warrant
shall
direct
,
which
the
Constable
and
two
other
or
more
of
the
Freemen
,
which
he
shall
chuse
,
shall
forthwith
execute
for
which
service
,
such
Magistrate
and
Overseer
aforesaid
,
shall
have
power
to
give
such
Wages
as
they
shall
judge
the
Work
to
deserve
,
Provided
that
for
any
ordinary
work
,
no
man
shall
be
compelled
to
work
from
home
above
one
week
together
.
2.
It
is
also
Ordered
,
That
no
man
shall
be
compelled
,
to
any
Publick
work
or
service
,
unless
the
press
be
grounded
upon
some
act
of
the
General
Court
,
and
have
reasonable
allowance
for
the
same
,
nor
shall
any
man
be
compelled
in
Person
to
any
Office
,
Work
,
Warrs
,
or
other
publick
service
,
that
is
necessarily
and
sufficiently
exempted
,
by
any
natural
or
personal
impediment
,
as
by
want
of
years
,
greatness
of
years
,
Persons
free
for
defect
def
of
minde
,
failing
of
fences
,
or
impotency
of
Limbs
:
Nor
shall
any
man
be
compelled
to
go
out
of
this
Jurisdiction
upon
any
offensive
Wars
,
which
this
Common
wealth
,
or
any
of
our
Friends
or
Confederates
,
as
shall
voluntarily
undertake
,
but
only
upon
such
vindictive
and
defensive
Wars
in
our
own
behalf
or
the
behalf
of
our
Friends
and
Confederates
as
shall
be
enterprized
by
the
Council
and
consent
of
a
General
Court
,
Cattle
and
other
goods
damni●●e●
in
the
Country
service
to
be
made
good
or
by
Authority
derived
from
the
same
.
Nor
shall
any
mans
Cattle
or
Goods
of
what
kinde
soever
,
be
Pressed
,
or
taken
for
any
Publick
use
or
service
,
unless
it
be
by
Warrant
,
grounded
upon
some
Act
of
the
General
Court
;
Nor
without
such
reasonable
Prizes
and
Hire
,
as
the
ordinary
Rates
of
the
Country
do
afford
,
and
if
his
Cattle
or
Goods
shall
perish
or
suffer
damage
in
such
service
,
the
Owner
shall
be
sufficiently
recompenced
.
[
1641.
]
IMPRISONMENT
.
IT
is
Ordered
and
by
this
Court
Declared
,
That
no
Mans
Person
shall
be
Restrained
or
Imprisoned
by
any
Authority
whatsoever
,
before
the
Law
hath
Sentenced
him
thereto
,
Who
Baylable
.
if
he
can
put
in
sufficient
Security
,
Baile
or
Mainprize
,
for
his
appearance
and
good
Behaviour
in
the
mean
time
,
unless
it
be
in
Crimes
Capital
,
and
Contempt
in
open
Court
,
and
in
such
Cases
where
such
express
Act
of
Court
doth
allow
it
.
[
1641.
]
INDIANS
.
FOR
setling
the
Indians
Title
to
Lands
in
this
Jurisdiction
;
A.
52.
p.
16.
It
is
Declared
and
Ordered
by
this
Court
and
Authority
thereof
,
That
what
Lands
any
of
the
Indians
in
this
Jurisdiction
have
possessed
and
improved
,
by
subduing
the
same
,
they
have
just
right
unto
,
according
to
that
in
Gen.
1.28
.
&
chap.
9.1
.
&
Psal.
115.16
.
Indians
Title
to
Land
.
And
for
the
further
incouragement
of
the
hopeful
work
amongst
them
,
for
the
Civilizing
,
and
helping
them
forward
to
Christianity
;
If
any
of
the
Indians
shall
be
brought
to
Civility
,
and
shall
come
among
the
English
to
Inhabit
,
in
any
of
their
Plantations
,
and
shall
there
live
Civilly
and
Orderly
;
That
such
Indians
shall
have
Allotments
amongst
the
English
,
according
to
the
Custome
of
the
English
in
like
case
.
Civil
Indians
to
have
Land
granted
them
.
Further
it
is
Ordered
,
that
if
upon
good
experience
,
there
shall
be
a
competent
number
of
the
Indians
brought
on
to
Civility
,
so
as
to
be
capable
of
a
Township
,
upon
their
request
to
the
General
Court
,
they
shall
have
graunt
of
Lands
undisposed
of
,
for
a
Plantation
as
the
English
have
.
And
further
it
is
Ordered
by
this
Court
,
that
if
any
Plantation
or
Person
of
the
English
,
Indians
not
to
be
dispossessed
shall
offer
injuriously
to
put
any
of
the
Indians
from
their
Planting
grounds
,
or
Fishing-places
,
upon
their
complaint
and
proof
thereof
,
they
shall
have
relief
in
any
of
the
Courts
of
Justice
amongst
the
English
,
as
the
English
have
.
And
further
it
is
Ordered
by
this
Court
and
the
Authority
thereof
,
and
be
it
hereby
Enacted
,
That
all
the
Tract
of
Land
within
this
Jurisdiction
,
whether
already
granted
to
any
English
Plantations
or
Persons
,
or
to
be
granted
by
this
Court
(
not
being
under
the
qualification
of
Right
to
the
Indians
)
is
,
and
shall
be
accounted
the
just
Right
of
such
English
as
already
have
,
or
hereafter
shall
have
Graunt
of
Lands
from
this
Court
,
and
the
Authority
thereof
;
from
that
of
Genesis
1.28
.
and
the
Invitation
of
the
Indians
.
2.
And
it
is
Ordered
,
L.
1.
p.
28.
That
no
Person
whatsoever
,
shall
henceforth
buy
Land
of
any
Indian
without
License
first
had
and
obtained
of
the
General
Court
,
and
if
any
offend
herein
,
None
to
buy
Land
of
Indians
such
Land
so
bought
shall
be
forfeited
to
the
Country
.
Nor
shall
any
person
,
sell
,
give
or
Barter
,
directly
or
indirectly
,
any
Gun
or
Guns
,
Powder
,
Bullets
,
Shot
,
Lead
to
any
Indian
whatsoever
,
or
to
any
person
Inhabiting
out
of
this
Jurisdiction
:
no
arms
or
amunition
to
be
traded
with
the
dians
.
Nor
shall
any
amend
or
repair
any
Gun
belonging
to
any
Indian
,
nor
shall
sell
any
Armour
or
Weapons
,
upon
penalty
of
ten
pounds
for
every
Gun
,
Armour
or
Weapons
so
sold
,
given
or
Bartered
,
five
pounds
for
every
pound
of
Powder
,
forty
shillings
for
every
pound
of
Shot
or
Lead
,
and
proportionably
for
any
greater
or
lesser
quantity
.
[
1633.
37.
]
FOR
Explanation
of
the
Law
,
tit
.
Indians
;
This
Court
doth
Declare
the
Prohibition
there
exprest
,
Referring
to
the
purchase
of
Indian
Land
without
Licence
from
this
Court
,
is
to
be
understood
,
as
well
Graunts
for
tearm
of
years
as
for
ever
,
and
that
under
the
same
penalty
,
as
in
the
said
Law
is
exprest
.
[
1665.
]
3.
Whereas
the
French
and
Dutch
and
other
forreign
Nations
do
ordinarily
Trade
Guns
,
Powder
,
Shot
,
&
c.
with
Indians
,
L.
2.
p.
15.
to
our
great
prejudice
and
strengthening
and
animating
the
Indians
against
us
;
And
the
aforesaid
French
,
Dutch
&c.
do
prohibit
all
Trade
with
the
Indians
within
their
respective
Jurisdictions
,
under
penalty
of
Confiscation
,
&c.
Forreigners
prohibited
Trade
withour
Indians
It
is
therefore
Ordered
;
That
it
shall
not
be
lawful
for
any
Frenchman
,
Dutchman
,
or
any
person
of
any
other
Forreign
Nation
whatsoever
,
or
any
English
,
dwelling
amongst
them
,
or
under
them
,
or
any
of
them
,
to
Trade
with
any
Indian
or
Indians
within
the
Limits
of
our
Jurisdiction
,
directly
or
indirectly
by
themselves
or
others
,
under
penalty
of
Confiscation
of
all
such
Goods
and
Vessels
as
shall
be
found
so
Trading
,
or
the
due
value
thereof
,
upon
just
proof
of
any
Goods
or
Vessels
,
so
Trading
or
Traded
.
And
it
shall
be
lawful
for
any
person
or
persons
,
Inhabiting
within
this
Jurisdiction
,
to
make
seizure
of
any
such
Goods
or
Vessels
Trading
with
the
Indians
;
one
half
whereof
shall
be
for
the
proper
use
and
benefit
of
the
party
seizing
,
and
the
other
half
to
the
Country
.
4.
And
because
the
Trade
of
Furrs
with
the
Indians
in
this
Jurisdiction
,
doth
properly
belong
to
this
Common-wealth
,
A.
57.
p.
22.
and
not
unto
particular
persons
;
It
is
therefore
Ordered
,
That
henceforth
no
Person
or
Persons
,
directly
or
indirectly
,
shall
Trade
with
the
Indians
for
any
sort
of
Peltry
,
None
to
Trade
furrs
with
Indians
without
license
under
penalty
of
100
li.
excepting
only
such
as
are
Authorized
by
this
Court
,
or
by
such
Committee
as
this
Court
shall
appoint
from
time
to
time
,
under
the
penalty
of
one
Hundred
pounds
fine
for
every
offence
,
ten
pound
whereof
shall
be
to
the
Informer
,
the
rest
to
the
Country
.
5.
Whereas
several
Orders
for
the
preventing
of
Drunkenness
amongst
the
Indians
have
been
made
,
A.
52.
p.
2●
.
yet
notwithstanding
there
is
little
or
no
reformation
:
For
the
prevention
thereof
,
and
the
frequent
effects
thereof
,
Murder
and
other
outrages
amongst
them
;
This
Court
doth
Order
,
that
no
person
of
what
quality
or
condition
soever
,
shall
henceforth
Sell
,
Truck
,
Barter
,
or
give
any
strong
Liquors
to
any
Indian
,
Stong
Liquors
prohibited
to
be
fold
or
given
to
Indians
on
penylty
of
40.
s.
per
pint
directly
or
indirectly
,
whether
known
by
the
name
of
Rum
,
strong-Waters
,
Wines
,
strong-Beer
,
Brandy
,
Cyder
,
Perry
,
or
any
other
strong-Liquors
,
going
under
any
other
name
whatsoever
;
under
the
penalty
of
forty
shillings
for
one
pint
,
and
so
proportionably
for
greater
or
lesser
quantities
so
Sold
,
Bartered
or
Given
,
directly
or
indirectly
as
abovesaid
.
And
for
the
better
execution
of
this
Order
;
All
Trucking
Houses
erected
(
not
allowed
by
this
Court
)
shall
be
forthwith
demolished
.
And
for
the
better
effecting
of
this
Order
;
It
is
Declared
that
one
third
part
of
the
penalty
,
shall
be
granted
to
the
Informer
.
It
is
also
Ordered
,
that
special
care
shall
be
had
by
the
Grand
jury
,
of
every
Shire
Court
,
to
inquire
and
present
to
the
Court
what
they
finde
,
to
discover
matter
tending
to
such
practise
,
against
the
true
intent
of
this
Law
:
And
all
other
Orders
giving
liberty
to
sell
strong
Liquors
to
the
Indians
,
are
hereby
Repealed
;
and
all
Licenses
formerly
granted
,
are
hereby
disabled
and
called
in
;
Provided
alwayes
,
that
it
is
not
intended
that
this
Law
shall
extend
to
restrain
any
person
from
any
charitable
act
,
in
relieving
any
Indian
(
bona
fide
)
in
case
of
suddain
extremity
,
Except
in
case
of
sickness
,
&c.
by
sickness
or
fainting
,
which
calls
for
such
help
,
not
exceeding
one
dram
,
nor
when
any
Physitian
shall
prescribe
in
way
of
Physick
any
of
the
particulars
before-mentioned
;
so
as
upon
fight
of
his
direction
in
writeing
,
there
be
allowance
had
under
the
hand
of
one
Magistrate
,
or
where
no
Magistrates
in
the
Town
residing
,
being
under
the
hands
of
the
Town
Commissioners
or
two
of
them
.
[
1657.
]
6.
A.
56.
p.
18.
This
Court
considering
the
necessity
of
restraining
the
Indians
from
whatsoever
may
be
a
means
to
disturb
our
peace
and
quiet
;
Doth
Order
,
That
henceforth
no
person
or
persons
Inhabiting
within
this
Jurisdiction
,
No
Boats
to
be
sold
to
Indians
shall
directly
or
indirectly
any
wayes
give
,
sell
,
barter
or
otherwise
dispose
of
any
Boat
,
Skiffe
,
or
any
greater
Vessel
unto
any
Indian
or
Indians
whatsoever
,
under
the
penalty
of
fifty
pounds
,
to
be
paid
to
the
Country
Treasurer
,
for
every
such
Vessel
so
sold
or
disposed
as
aforesaid
.
[
1656.
]
7.
L.
1.
p.
23.
It
is
Ordered
by
this
Court
,
That
in
all
places
within
this
Jurisdiction
,
the
English
shall
keep
their
Cattle
from
destroying
the
Indians
Corn
,
Damage
done
to
Indians
in
their
Corn
to
be
satissied
.
in
any
ground
where
they
have
right
to
plant
,
and
if
any
of
their
Corn
be
destroyed
for
want
of
Fencing
or
Hearding
;
the
Town
shall
make
satisfaction
,
and
shall
have
power
among
themselves
,
to
lay
the
charge
where
the
occasion
of
the
damage
did
arise
;
Provided
that
the
Indians
shall
make
proof
,
that
the
Cattle
of
such
a
Town
,
Farm
or
Person
did
the
damage
.
And
for
incouragement
of
the
Indians
,
towards
the
Fencing
in
of
their
Corn-fields
;
Help
Ind
Fence
their
Ground
.
Such
Towns
,
Farms
,
or
Persons
,
whose
Cattle
may
annoy
them
that
way
,
shall
Direct
,
Assist
and
help
them
,
in
felling
of
Trees
,
riving
and
sharpning
Rails
,
and
holing
of
Posts
;
allowing
one
English-man
to
three
or
more
Indians
;
And
shall
also
draw
the
fencing
into
place
for
them
,
and
allow
one
man
a
day
or
two
,
towards
the
setting
up
the
same
,
and
either
lend
or
sell
them
Tools
to
finish
it
;
Provided
,
that
such
Indians
to
whom
the
Country
or
any
Town
,
have
given
,
or
shall
give
Ground
to
plant
upon
,
or
shall
purchase
ground
of
the
English
,
shall
Fence
such
their
Corn
Fields
or
Ground
,
at
their
own
charge
as
the
English
do
or
should
do
:
And
if
any
Indian
refuse
to
fence
their
Corn
Ground
(
being
tendred
help
as
aforesaid
)
in
the
presence
and
hearing
of
sufficient
witnesses
,
they
shall
keep
off
all
Cattle
,
or
lose
their
damages
.
And
it
is
also
Ordered
,
that
if
any
harm
be
done
at
any
time
by
the
Indians
unto
the
English
,
in
their
Cattle
;
Indians
to
pay
for
hurt
done
to
Cattle
the
Governour
or
Deputy
Governour
with
two
of
the
Assistants
,
or
any
three
Magistrates
,
or
any
County
Court
,
may
order
satisfaction
according
to
Law
and
Justice
.
[
1640.
48.
]
8.
Whereas
one
end
in
planting
these
parts
was
to
propagate
the
true
Religion
unto
the
Indians
,
and
that
divers
of
them
are
become
subject
to
the
English
,
and
have
engaged
themselves
to
be
willing
and
ready
to
understand
the
Law
of
God
;
Izwe
to
be
publured
to
the
indians
It
is
therefore
Ordered
,
That
such
necessary
and
wholsome
Laws
which
are
in
force
,
and
may
be
made
from
time
to
time
,
to
reduce
them
to
civility
of
life
;
shall
be
once
a
year
(
if
the
times
be
safe
)
made
known
to
them
,
by
such
fit
persons
as
the
General
Court
shall
appoint
.
9.
For
the
better
Ordering
and
Governing
the
Indians
subject
to
us
,
A.
58.
especially
those
of
Natick
and
Punquepaog
;
It
is
Ordered
that
whomsoever
the
Court
shall
appoint
,
do
take
care
that
all
such
Indians
do
live
according
to
our
Laws
,
as
far
as
they
are
capable
,
and
to
that
end
shall
be
Authorized
to
constitute
and
appoint
Indian
Commissioners
in
their
several
Plantations
,
to
hear
and
determine
all
such
matters
that
do
arise
amongst
themselves
as
one
Magistrate
may
do
amongst
the
English
,
with
Officers
to
execute
all
Commands
and
Warrants
,
as
Marshal
and
Constables
.
Courts
to
be
kept
among
the
Indians
.
And
further
they
joyntly
shall
have
the
power
of
a
County
Court
,
to
hear
and
determine
all
causes
arising
among
them
,
the
English
Magistrate
appointing
the
time
and
place
of
the
Court
,
and
consenting
to
the
determination
or
judgement
,
and
all
other
matters
beyond
their
cognizance
shall
be
issued
and
determined
by
the
Court
of
Assiliants
.
10.
And
it
is
Ordered
,
Powaws
sorb●●lden
.
that
no
Indian
shall
at
any
time
Powaw
or
perform
outward
worship
to
their
salse
Gods
;
or
to
the
Devil
,
in
any
part
of
our
Jurisdiction
,
whether
they
be
such
as
shall
dwell
here
or
shall
come
hither
;
and
if
any
shall
transgress
this
Law
,
the
Powawer
shall
pay
five
pounds
,
the
procurer
five
pounds
,
Towns
to
refirain
Indians
from
prophaning
the
Sabbath
and
every
other
countenancing
by
his
presence
or
otherwise
(
being
of
age
,
of
discretion
)
twenty
shillings
,
and
every
Town
shall
have
power
to
restrain
all
Indians
that
shall
come
into
their
Towns
from
prophaning
the
Lords
day
.
[
1633
,
37
,
40
,
41
,
42
,
46
,
48
,
56
,
57
,
58.
]
WHereas
the
sin
of
Drunkenness
amongst
the
Indians
doth
much
increase
,
order
to
prevent
Drunaenness
in
Indians
notwithstanding
the
Laws
provided
against
that
crying
sin
;
This
Court
doth
therefore
Order
,
that
any
person
or
persons
,
that
shall
see
,
know
or
finde
any
Indian
with
any
strong
Liquors
,
Wine
or
strong
Drink
,
that
such
Indians
have
any
way
gotten
without
Order
as
the
Law
directs
,
shall
have
power
to
seize
the
same
,
Their
strong-Liquor
&c.
to
be
seized
by
any
person
and
to
deliver
the
said
strong-Drink
to
the
Constables
of
the
Town
or
Place
where
such
Indians
are
found
,
with
their
persons
to
be
conveyed
before
some
Magistrate
or
Commissioner
,
who
have
power
to
deal
in
such
cases
;
and
such
Indians
as
are
found
Drunk
,
being
apprehended
,
and
will
not
confess
how
or
where
they
had
the
said
Wine
,
Liquors
,
or
strong
Drink
,
shall
be
secured
or
imprisoned
until
they
make
a
just
acknowledgement
where
they
had
their
Drink
asoresaid
,
or
committed
to
the
House
of
Correction
,
and
there
labour
to
discharge
the
charge
of
their
provision
.
Their
accusation
against
persons
to
be
evidence
unless
the
party
clear
himself
on
Oath
,
&c.
And
if
any
such
Indian
do
accuse
any
person
for
selling
or
delivering
strong
Drink
unto
them
,
such
Indian
accusation
shall
be
accounted
valid
against
any
such
person
accused
;
except
such
persons
shall
clear
themselves
by
taking
their
Oath
to
the
contrary
,
any
Law
or
Custome
to
the
contrary
notwithstanding
.
And
it
is
also
further
Ordered
,
that
whatsoever
Indian
shall
hereafter
be
taken
Drunk
,
If
Drunk
to
pay
ren
shillings
or
be
whipt
with
ten
stripes
,
&c.
shall
pay
the
sum
of
ten
shillings
or
else
be
whipt
,
by
laying
on
ten
stripes
,
according
to
the
discretion
of
the
Judge
,
whether
Magistrate
or
Commissioner
who
shall
have
cognizance
of
the
case
:
And
in
all
Towns
where
no
Magistrate
or
Commissioners
are
,
such
Cases
shall
be
judged
by
the
Select
men
or
major
part
of
them
.
[
1666.
]
Trade
with
Indians
for
peltry
&
Amunition
regulated
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
henceforth
every
person
that
is
or
shall
be
allowed
by
the
Treasurer
of
the
Country
to
Trade
Peltry
or
Skins
with
the
Indians
,
shall
have
liberty
to
sell
unto
any
Indian
or
Indians
,
not
in
Hostility
with
us
,
or
any
of
the
English
in
New
England
,
Powder
,
Shot
,
Lead
,
Guns
,
(
i.
e.
)
Hand
Guns
,
Rapier
or
Sword
blades
;
Provided
he
or
they
pay
unto
the
Country
Treasurer
every
half
year
in
money
,
sixpence
a
pound
for
every
pound
of
Powder
,
sixpence
for
every
ten
pounds
of
Shot
or
Lead
,
Every
allowed
Trader
paying
to
the
Country
Treasurer
several
sums
appointed
,
&c.
three
shillings
for
every
Gun
,
three
shillings
for
every
dozen
of
Rapier
or
Sword
blades
,
and
so
proportionably
for
any
quantity
that
he
or
they
shall
sell
to
any
Indian
or
Indians
;
and
every
such
person
allowed
to
Trade
as
aforesaid
,
shall
upon
Oath
deliver
to
the
Treasurer
a
true
and
just
account
of
the
particulars
of
the
abovementioned
Commodities
,
by
him
or
them
sold
unto
any
Indian
or
Indians
.
And
it
is
further
Ordered
,
that
any
person
allowed
as
before
,
that
shall
be
convicted
before
any
two
Magistrates
or
County
Court
,
of
selling
or
bartering
any
of
the
forementioned
Commodities
unto
any
Indian
,
whereof
he
or
they
have
not
given
a
true
and
just
account
,
and
made
due
payment
unto
the
Treasurer
as
is
above
expressed
;
every
such
person
or
persons
shall
forfeit
to
the
publick
Treasury
,
five
pounds
sterling
for
every
pound
of
Powder
,
five
pounds
for
every
ten
pounds
of
Shot
or
Lead
,
ten
pounds
for
every
Gun
great
or
small
,
and
ten
pounds
for
every
dozen
of
Rapier
or
Sword
blades
,
and
so
proportionably
for
any
quantity
of
the
aforesaid
Commodities
sold
or
bartered
by
him
or
them
to
any
Indian
or
Indians
and
all
persons
except
such
as
are
allowed
,
are
hereby
prohibited
from
selling
any
of
the
forementioned
Commodities
unto
any
Indian
or
Indians
,
upon
the
penalty
expressed
in
the
Law
,
tit
.
Indians
,
Sect.
2.
And
this
Order
to
continue
in
force
during
the
Courts
pleasure
;
any
Law
or
Order
to
the
contrary
notwithstanding
.
[
1668.
]
INDITEMENTS
.
IT
is
Ordered
by
this
Court
;
That
no
person
shall
be
Indited
,
A.
52.
p.
10.
Presented
,
Informed
against
,
or
Complained
of
to
any
Court
or
Magistrate
within
this
Jurisdiction
,
for
the
breach
of
any
penal
Law
,
or
any
other
misdemeanour
,
the
forfeiture
whereof
belongs
to
the
Country
,
Complaints
and
Presentments
to
be
made
within
a
year
.
unless
the
said
Inditement
or
Complaint
,
be
made
and
exhibited
within
one
year
after
the
offence
be
committed
;
and
if
any
such
Inditement
,
Presentment
,
Information
or
Complaint
be
not
made
within
the
time
limited
,
then
the
same
shall
be
void
and
of
none
effect
:
Provided
alwayes
,
this
Law
shall
not
extend
to
any
Capital
Offences
,
nor
any
Crimes
that
may
concern
loss
of
Member
or
Banishment
,
or
to
any
Treasonable
Plots
or
Conspiracies
against
the
Common-wealth
,
nor
to
any
Felonies
above
ten
shillings
,
nor
shall
it
hinder
any
person
grieved
,
or
that
hath
any
wrong
done
to
him
or
his
Wife
,
Children
,
or
Servants
,
or
Estate
,
real
or
personal
,
but
that
every
such
person
shall
have
such
remedies
as
formerly
he
might
or
ought
to
have
.
[
1652.
]
In-keepers
,
Ordinaries
.
Tipling
,
Drunkenness
.
FOrasmuch
as
there
is
a
necessary
use
of
Houses
of
Common
Entertainment
in
every
Common-wealth
,
and
of
such
as
Retail
Wine
,
Beer
and
Victuals
,
yet
because
,
there
are
so
many
abuses
,
both
by
persons
entertaining
and
by
persons
entertained
;
None
to
keep
Ordinaries
without
License
It
is
therefore
Ordered
by
this
Court
and
Authority
thereof
;
That
no
person
or
persons
shall
at
any
time
,
under
any
pretence
or
colour
whatsoever
,
undertake
to
be
a
Common
Victualler
,
Keeper
of
a
Cooks
shop
,
or
House
for
Common
Entertainment
,
Taverner
,
or
publick
Seller
of
Wine
,
Ale
,
Beer
,
or
Strong-waters
by
Retail
,
(
nor
shall
any
sell
Wine
privately
in
his
House
,
or
out
of
doors
,
by
a
less
quantity
then
Quarter
Cask
)
without
approbation
of
the
Selected
Townsmen
,
and
Licen●e
of
the
County
Court
where
they
dwell
,
A.
58.
upon
pain
of
forfeiture
of
five
pounds
for
every
such
offence
,
or
Imprisonment
at
the
pleasure
of
the
Court.
Liberty
to
sell
Win
&c
Strong-waters
by
tetail
Provided
,
it
shall
be
lawful
for
any
whole
sale
Merchant
of
Wines
,
or
the
present
Stillers
of
Strong-waters
,
being
Masters
of
Families
,
or
such
as
receive
the
same
from
forreign
parts
in
Cases
,
&c.
or
makers
of
Cyder
to
sell
by
Retail
;
Provided
the
quantity
of
Wine
and
Cyder
,
be
not
less
then
three
Gallons
at
a
time
to
one
person
,
nor
Strong-waters
less
then
a
quart
;
and
that
it
be
only
to
Masters
of
Families
of
good
and
honest
report
,
or
persons
going
to
Sea
;
and
they
suffer
not
any
person
to
drink
the
same
their
Houses
,
Cellars
or
Yards
.
Ordinaries
I
have
Sighes
And
every
person
so
Licensed
for
Common
Entertainment
,
shall
have
some
inoffensive
Sign
,
obvious
for
direction
of
Strangers
,
and
such
as
have
no
such
Signe
after
three
Months
so
Licensed
,
shall
lose
their
License
,
and
others
be
allowed
in
their
stead
.
2.
And
every
person
Licensed
to
keep
an
Ordinary
,
L.
2.
p.
13.
shall
alwayes
be
provided
of
Strong
Wholsome
Beer
,
A.
51.
p.
4.
of
four
Bushels
of
Malt
(
at
the
least
)
to
a
Hogshead
,
A.
53.
p.
19.
which
he
shall
not
sell
at
above
two
pence
the
Ale
quart
,
upon
penalty
of
forty
shillings
for
the
first
offence
,
To
be
alwayes
provided
with
strong
Beer
a●d
,
per
quart
and
for
the
second
offence
to
lose
his
License
.
And
it
is
permitted
to
any
that
will
,
to
sell
Beer
out
of
doors
,
at
one
penny
the
Ale
quart
or
under
.
WHereas
the
Law
tit.
In-keepers
,
Sect.
2.
hath
provided
,
that
every
person
Licenced
to
keep
an
Ordinary
,
shall
alwayes
be
provided
of
strong
wholsome
Beer
,
of
four
Bushels
of
Malt
at
the
least
to
a
Hogshead
,
which
was
Intended
,
and
is
hereby
Declared
to
be
of
good
Barly
Malt
,
not
to
be
sold
for
above
two
pence
the
Ale
quart
,
on
penalty
as
in
the
said
Law
is
expressed
,
notwithstanding
which
,
many
keepers
of
Inns
and
Ordinaries
as
regardless
of
the
said
Law
,
or
of
the
debasing
of
the
produce
of
the
Country
,
take
liberty
to
make
and
sell
Drink
Brewed
of
,
or
mixed
with
Melasses
,
course
Sugar
,
or
other
Materials
,
to
the
damage
,
just
offence
and
prejudice
of
sundry
persons
;
Four
Bushels
of
Barly
Malt
in
a
Hogshead
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
that
no
person
Licensed
as
aforesaid
,
shall
after
publication
hereof
,
sell
or
any
wayes
utter
any
Beer
,
Ale
or
Drink
instead
thereof
,
by
Retail
,
that
is
not
made
altogether
of
good
Barly
Malt
,
without
any
mixture
of
Melasses
,
course
Sugar
or
other
Materials
instead
of
Malt
,
on
penalty
of
five
pounds
for
every
such
offence
,
one
half
to
the
Informer
,
the
other
half
to
the
County
where
such
offence
shall
be
committed
;
besides
the
penalties
in
the
former
recited
Law
expresses
,
on
Complaint
to
any
Magistrate
,
County
Court
or
Commissioner
for
Boston
,
unless
the
party
complained
of
,
shall
legally
prove
his
or
her
Innocency
therein
,
in
which
case
,
it
shall
be
in
the
liberty
of
the
Authority
as
aforesaid
,
to
accept
the
Oath
of
such
person
if
tendred
to
him
or
them
,
if
they
see
cause
:
And
the
Authority
aforesaid
,
are
hereby
impowred
to
hear
and
determine
such
Complaints
;
any
Law
,
Custome
or
Usage
to
the
Contrary
notwithstanding
.
[
1667.
]
3.
And
no
Licensed
person
as
aforesaid
,
L.
1.
p.
30.
shall
suffer
any
to
be
Drunk
,
or
to
Drink
Excessively
,
viz.
above
half
a
pint
of
Wine
for
one
person
at
a
time
,
Not
to
permit
any
to
be
Drunk
&c.
or
to
continue
Tipling
above
the
space
of
half
an
hour
,
or
at
unseasonable
times
,
or
after
nine
of
the
Clock
at
night
,
in
,
or
about
any
of
their
Houses
,
on
penalty
of
five
shillings
for
every
such
offence
.
And
if
any
person
Licensed
to
sell
Wine
or
Beer
as
aforesaid
,
L.
2.
p.
6.
shall
conceal
in
his
House
any
person
that
shall
be
found
Drunken
,
and
shall
not
forthwith
procure
a
Constable
to
carry
such
Drunken
person
before
some
Magistrate
or
Commissioner
,
Not
to
conceal
Drunkards
and
in
the
interim
,
the
said
Vintner
or
Drawer
of
Beer
,
shall
make
stay
of
such
persons
till
the
Constable
shall
come
,
under
the
penalty
of
five
pounds
,
for
every
default
.
4.
And
every
person
found
Drunken
,
L.
1.
p.
30.
viz.
so
as
he
be
thereby
bereaved
or
disabled
in
the
use
of
his
understanding
,
appearing
in
his
speech
or
gesture
,
in
any
of
the
said
Houses
or
elsewhere
,
shall
forfeit
ten
shillings
,
and
for
excessive
Drinking
three
shillings
four
pence
,
and
for
continueing
above
half
an
hour
Tipling
two
shillings
six
pence
,
and
for
Tipling
at
unseasonable
times
,
Drunkeness
,
Tipling
the
●enalty
or
after
nine
of
the
Clock
at
night
five
shillings
for
every
Offence
in
those
particulars
,
being
lawfully
convict
thereof
,
and
for
want
of
payment
,
they
shall
be
imprisoned
till
they
pay
,
or
be
set
in
the
Stocks
one
hour
or
more
(
in
some
open
place
)
as
the
Weather
will
permit
not
exceeding
three
hours
.
5.
And
if
any
person
be
found
Drunken
,
by
night
or
by
day
,
L.
2.
p.
6.
or
shall
in
his
Drunkenness
offer
any
abuse
to
the
Constable
or
others
,
either
by
striking
or
reviling
him
or
them
,
or
using
any
endeavours
by
himself
or
others
to
make
an
escape
,
it
shall
be
in
the
power
of
the
Constable
to
commit
such
person
or
persons
to
safe
keeping
or
imprisonment
,
or
take
Bond
for
his
appearance
,
as
he
shall
see
cause
;
and
the
Keepers
of
each
Prison
,
upon
Warrant
from
any
Magistrate
,
or
Commissioner
,
or
Select
men
,
shall
receive
all
such
as
shall
be
so
committed
,
and
take
but
twelve
pence
for
his
fee
in
such
cases
.
And
the
Constable
shall
inform
the
next
Magistrate
thereof
,
but
if
no
Magistrate
be
in
Town
,
Convented
b●fore
some
M●●●●
Commissioner
of
Select
men
he
shall
convent
such
person
or
persons
before
one
or
more
of
the
Commissioners
for
ending
small
causes
,
and
where
no
Commissioners
are
,
before
any
one
or
more
of
the
Select
men
of
the
Town
,
who
have
power
given
them
to
do
as
any
one
Magistrate
may
do
in
like
case
;
Provided
nevertheless
,
if
any
such
Delinquent
shall
confess
his
fault
,
and
pay
his
fine
and
other
charges
,
the
Constable
shall
receive
it
and
dismiss
the
offender
,
and
every
person
hereby
Authorized
to
receive
the
fines
aforesaid
,
shall
forthwith
make
return
to
the
Treasurer
of
the
County
where
such
offence
is
committed
,
of
what
he
hath
done
and
received
in
such
cases
.
6.
It
shall
be
lawful
notwithstanding
,
for
all
Licensed
persons
to
entertain
Land-travellers
or
Sea-faring
men
in
the
night
season
,
L.
1.
p.
30.
when
they
come
on
shore
or
from
their
journey
for
their
necessary
refreshment
,
Travel●er●
entertained
for
a
night
or
when
they
prepare
for
their
voyage
or
journey
the
next
day
early
,
so
there
be
no
disorder
among
them
,
and
also
Strangers
,
Lodgers
or
other
persons
in
an
orderly
way
,
may
continue
in
such
Houses
of
Common
Entertainment
during
meal
times
,
or
upon
lawful
business
what
time
their
occasion
shall
require
.
Wine
merchant
Coopers
&c.
not
to
permit
any
to
be
Drunk
7.
Nor
shall
any
Merchant
,
Cooper
,
Owner
or
Keeper
of
Wines
,
or
other
persons
that
have
them
in
ther
custody
,
suffer
any
person
to
drink
to
Excess
or
Drunkenness
in
any
of
their
Wine-sellers
,
Ships
or
other
Vessels
,
or
places
where
Wines
do
lye
on
pain
to
forfeit
for
each
person
so
doing
,
ten
shillings
.
Nor
shall
any
person
Licensed
to
sell
Strong
waters
,
A.
54.
p.
2.
or
any
private
House-keeper
permit
any
person
or
persons
to
sit
Drinking
or
Tipling
Strong-waters
,
Wine
or
Strong
Beer
in
their
Houses
.
Private
House-keeper
not
to
permit
any
to
ripple
in
their
Houses
And
if
any
such
Seller
of
Strong
waters
or
private
Housekeeper
,
shall
be
legally
convicted
before
any
County
Court
,
any
one
Magistrate
or
Commissioners
Court
,
such
persons
shall
for
the
first
offence
be
fined
twenty
shillings
,
First
offence
〈◊〉
and
if
the
party
so
convicted
be
not
able
to
pay
his
fine
,
he
shall
be
set
in
the
Stocks
,
where
he
shall
continue
one
whole
hour
,
and
if
any
such
Seller
of
Strong-waters
shall
be
convicted
as
aforesaid
of
a
second
Offence
of
the
same
nature
,
he
shall
forfeit
his
License
,
Second
offence
5
,
li.
and
shall
also
pay
twenty
shillings
as
a
fine
to
the
Country
,
and
if
any
private
House-keeper
,
shall
be
convicted
as
aforesaid
of
a
second
Offence
against
this
Law
,
he
shall
pay
a
sine
of
five
pounds
,
and
for
a
third
offence
,
such
person
or
persons
being
so
convicted
,
shall
be
bound
to
their
good
Behaviour
in
twenty
pound
Bond
,
third
offence
good
behaviour
.
with
two
sufficient
Sureties
,
or
be
committed
to
Prison
.
8.
And
if
any
person
offend
in
Drunkenness
,
L.
1.
p.
30.
excessive
or
long
Drinking
the
second
time
,
they
shall
pay
double
fines
.
Drunk
the
second
time
double
fine
And
if
they
fall
into
the
same
offence
the
third
time
,
they
shall
pay
treble
the
fines
,
and
if
the
parties
be
not
able
to
pay
the
fines
then
he
that
is
found
Drunk
shall
be
punished
by
whipping
,
third
treble
to
the
number
of
ten
stripes
;
and
he
that
offends
in
excessive
or
long
Drinking
,
shall
be
put
into
the
Stocks
for
three
hours
,
when
the
weather
may
not
hazard
his
life
or
limbs
.
fourth
time
imprisonment
And
if
they
offend
the
fourth
time
,
they
shall
be
imprisoned
until
they
put
in
two
sufficient
sureties
for
their
good
Behaviour
.
9.
And
it
is
further
Ordered
,
That
if
any
person
that
keepeth
or
hereafter
shall
keep
a
common
house
of
Entertainment
,
Inkeepers
convict
of
a
third
offence
shall
be
lawfully
convicted
the
third
time
,
for
any
offence
against
this
Law●
,
he
shall
(
for
the
space
of
three
years
next
ensueing
the
said
conviction
)
be
disabled
to
keep
any
such
house
of
Entertainment
,
forfeit
their
License
or
sell
Beer
,
or
the
like
,
unless
the
Court
aforesaid
,
shall
see
cause
to
continue
him
.
10.
It
is
further
Ordered
,
that
every
In-keeper
or
Victualler
,
shall
provide
for
the
entertainment
of
Strangers
Horses
,
Provision
for
Horses
viz.
one
or
more
Inclosures
for
Summer
;
Hay
and
Provender
for
Winter
,
with
convenient
Stable-room
and
Attendants
,
under
the
penalty
of
two
shillings
six
pence
for
every
dayes
default
,
and
double
damage
to
the
party
thereby
wronged
,
except
it
be
by
inevitable
accident
.
11.
And
it
is
further
Ordered
by
the
Authority
aforesaid
;
That
no
Taverner
,
Vintners
to
pay
50.
s.
per
Burt
Seller
of
Wine
by
Retail
Licensed
as
aforesaid
,
shall
take
above
nine
pound
profit
by
the
Butte
or
Pipe
of
Wine
,
(
and
proportionably
for
all
other
Vessels
)
towards
his
waste
in
drawing
and
otherwise
,
out
of
which
allowance
,
every
such
Taverner
or
Vintner
,
shall
pay
fifty
shillings
by
the
Butte
or
Pipe
,
and
proportionably
for
all
other
Vessels
to
the
Country
;
for
which
they
shall
account
with
the
Treasurer
or
his
Deputy
every
six
Months
and
discharge
the
same
,
all
which
they
may
do
by
selling
six
pence
a
quart
in
Retail
(
which
they
shall
no
time
exceed
)
more
then
it
cost
by
the
Burt
:
Besides
the
benefit
of
their
Art
and
Mystery
which
they
know
how
to
make
use
of
.
To
give
notice
to
the
Treasurer
what
Wine
they
buy
And
every
Taverner
or
Vintner
shall
give
a
true
account
and
notice
unto
the
Treasurer
or
his
Deputy
,
of
every
Vessel
of
Wine
he
buyes
from
time
to
time
within
three
dayes
,
upon
pain
of
forfeiting
the
same
or
the
value
thereof
,
the
one
half
to
the
Country
,
the
other
half
to
the
Treasurer
and
Informer
.
And
it
is
Ordered
,
that
the
said
Impost
,
shall
from
time
to
time
be
paid
in
Wines
at
Merchantable
price
,
A.
58.
or
other
equivalent
Merchantable
good
pay
,
to
the
content
of
the
Treasurer
,
and
that
the
Treasurer
shall
take
special
care
in
collecting
the
same
;
who
is
hereby
impowred
to
substitute
such
Deputies
under
him
as
he
shall
see
meet
in
the
several
Towns
for
his
help
and
furtherance
herein
;
Treasurer
to
have
2.
s.
per
li.
of
this
Impost
for
all
which
pains
and
care
,
he
shall
be
allowed
two
shillings
in
the
pound
of
all
such
Imposts
as
he
shall
bring
into
his
Annual
account
with
the
Country
.
Provided
alwayes
,
that
if
any
Vintner
,
Taverner
or
Retailer
of
Wines
,
shall
give
an
account
to
the
Treasurer
of
any
part
of
any
Wine
entred
as
abovesaid
,
that
he
hath
sold
away
again
by
whole-sale
,
being
no
less
in
quantity
then
a
Quarter
Cask
to
one
person
at
one
time
,
and
shall
truely
certifie
the
person
who
had
it
,
and
the
time
when
;
Sellers
of
strong
water
to
give
notice
to
the
M●rshal
within
3
dayes
such
person
or
persons
shall
be
abated
of
their
Impost
,
in
proportion
to
what
they
have
sold
.
And
all
such
as
Retail
strong
Waters
,
shall
in
like
manner
pay
two
pence
upon
every
quart
to
the
use
of
the
Country
,
who
shall
also
give
notice
to
the
Marshal
General
of
every
Case
and
Bottle
,
or
other
quantity
they
buy
within
three
dayes
,
upon
pain
of
forfeiture
as
before
.
12.
And
it
is
Ordered
;
L.
2.
p.
31.
That
in
all
places
where
Week
day
Lectures
are
kept
,
all
Taverners
,
Victuallers
and
Ordinaries
,
that
are
within
one
mile
of
the
Meeting-house
to
which
they
belong
,
Ordinary
keeper
to
clear
their
houses
in
meeting
time
shall
from
time
to
time
clear
their
Houses
of
all
persons
able
to
go
to
Meeting
,
during
the
time
of
the
exercise
,
(
except
upon
extraordinary
cause
,
for
the
necessary
refreshing
of
Strangers
unexpectedly
repairing
to
them
)
upon
pain
of
five
sh●llings
for
every
such
offence
,
over
and
besides
the
penalties
incurred
by
this
Law
for
any
other
disorder
.
One
Magist●
.
to
hear
&
deter●●●●
all
o●fe●ces
against
this
Law
13.
It
is
also
Ordered
,
That
all
offences
against
this
Law
,
may
be
heard
and
determined
by
any
one
Magistrate
,
who
shall
hereby
have
power
by
warrant
to
send
for
,
and
examine
parties
and
witnesses
concerning
any
of
these
offences
:
and
upon
due
conviction
either
by
view
of
the
said
Magistrate
,
or
Affirmation
of
the
Constable
,
and
one
sufficient
witness
with
circumstances
concurring
,
or
two
witnesses
,
or
confession
of
the
party
,
to
leavy
the
said
several
fines
,
by
warrant
to
the
Constable
for
that
end
.
Delinquents
Testimony
And
if
any
person
shall
voluntarily
confess
his
offence
against
this
Law
in
any
the
particulars
thereof
,
his
Oath
shall
be
taken
in
evidence
and
stand
good
against
any
other
offending
at
the
same
time
.
Constable
to
search
in
Ordinaties
14.
It
is
further
Ordered
by
the
Authority
aforesaid
,
That
all
Constables
may
,
and
shall
from
time
to
time
,
duely
make
search
throughout
the
limits
of
their
Towns
upon
Lords
dayes
and
Lecture
dayes
in
times
of
exercise
,
and
also
at
all
other
times
so
oft
as
they
shall
see
cause
,
for
all
Offences
and
Offenders
against
this
Law
,
in
any
the
particulars
thereof
.
And
if
upon
due
Information
or
Complaint
,
Constab
.
neglect
of
any
of
their
Inhabitants
or
other
credible
persons
,
whither
Taverner
,
Victualler
,
Tabler
or
other
,
they
shall
refuse
or
neglect
to
make
search
as
aforesaid
,
or
shall
not
to
their
power
perform
all
other
things
belonging
to
their
place
and
office
of
Constable
,
then
upon
complaint
and
due
proof
before
any
one
Magistrate
,
within
three
Months
of
such
refusal
or
neglect
,
they
shall
be
fined
for
every
such
offence
ten
shillings
,
Fined
10.
●
.
to
be
leavied
by
the
Marshal
as
in
other
cases
by
Warrant
from
such
Magistrate
before
whom
they
are
Convicted
or
Warrant
from
the
Treasurer
upon
notice
from
such
Magistrate
.
15.
And
because
it
is
difficult
to
Order
and
keep
the
Houses
for
publick
Entertainment
in
conformity
to
the
wholsome
Laws
established
,
A.
57.
p.
21.
as
is
necessary
for
preventing
Drunkenness
,
excessive
Drinking
,
vain
Expences
of
money
,
Time
,
and
the
abuse
of
the
good
Creatures
of
God
;
Ordinaries
to
reniew
their
License
yearly
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
That
no
person
or
persons
hereafter
shall
be
Licensed
to
keep
a
House
of
Common
entertainment
for
any
longer
then
one
year
at
one
time
,
and
that
such
as
keep
Houses
of
publick
entertainment
,
(
the
present
Vintuers
during
their
contract
excepted
)
shall
and
hereby
are
enjoyned
once
every
year
,
to
repair
to
the
several
County
Courts
for
reniewing
their
several
Licenses
(
for
which
they
shall
pay
two
shillings
six
pence
to
the
Clerk
of
the
Court
)
or
else
they
shall
forfeit
fire
pounds
as
unlicensed
Ale
house-keepers
.
[
1645
,
46
,
47
,
48
,
51
,
53
,
57
,
58.
UPon
complaint
of
the
great
abvses
that
are
daily
committed
by
the
Retailers
of
Strong-waters
,
Rh●m
,
&c.
both
by
the
Stillers
thereof
,
and
such
as
have
it
from
forraigne
parts
;
None
to
Still
or
Retail
Liquors
without
License
This
Court
do
therefore
Order
,
that
henceforth
no
person
or
persons
shall
practise
the
Craft
of
Stilling
Strong
waters
,
nor
shall
sell
or
Retail
any
,
by
less
quantities
then
a
Quarter
Cask
,
and
the
same
to
be
delivered
not
at
several
times
or
in
several
parcels
,
but
at
one
time
,
without
Covin
or
Fraud
,
excepting
only
such
as
shall
be
allowed
Annually
by
the
County
Courts
respectively
,
on
penalty
of
five
pounds
forfeiture
for
every
time
that
any
person
or
persons
shall
be
legally
convicted
thereof
;
any
I
aw
,
Usage
or
Custome
,
or
former
Liechies
to
the
contrary
notwithstanding
.
Provided
alwayes
,
this
I
aw
shall
not
prohibit
such
Merchants
as
have
Strong
liquors
from
forreigne
parts
in
Cases
,
from
selling
the
same
by
the
whole
Case
,
either
to
such
as
are
going
to
Sea
,
or
to
Masters
of
Families
of
good
report
.
[
1661.
]
THis
Court
being
sensible
of
the
great
increase
of
prophaness
among
us
,
especially
among
the
younger
sort
,
taking
their
opertunity
of
meeting
together
in
places
of
publick
Entertainment
,
to
corrupt
one
another
by
their
uncivil
and
wanten
carriage
,
rudely
singing
and
making
a
noise
,
to
the
disturbance
of
the
●●mity
and
other
Guests
if
any
be
in
the
House
;
Penalty
for
rude
singing
in
Taverns
This
Court
do
therefore
Order
and
hereby
Enact
,
That
no
person
or
persons
whatsoever
,
do
presume
either
in
Word
or
Deed
to
carry
it
uncivilly
,
or
wantonly
,
singing
rudely
,
or
making
a
noise
to
the
disturbance
of
the
Family
,
or
any
other
Guests
in
any
place
of
Publick
Entertainment
,
on
penalty
of
paying
five
shillings
for
every
●f●ence
against
this
Law
,
being
therefore
legally
Convicted
before
any
Court
,
Magistrate
or
Commissioner
:
And
where
sundry
persons
are
in
the
same
company
,
where
any
such
rude
and
uncivil
carriages
are
acted
,
and
the
particular
person
or
persons
unknown
,
every
of
the
said
persons
shall
be
liable
to
the
like
penalty
,
unle●s
they
can
attest
their
innocency
,
and
do
freely
give
in
their
testimony
against
the
nocent
.
And
if
any
person
allowed
to
keep
a
house
of
publick
Entertainmentshall
suffer
such
carriages
by
any
person
or
persons
,
and
not
legally
prosecute
the
same
before
Authority
,
on
legal
conviction
thereof
,
before
the
County
Court
of
whom
they
had
their
License
,
they
shall
be
debarred
of
any
further
renewal
thereof
.
[
1664.
]
As
an
Addition
to
the
Law
,
tit
.
In-keepers
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
where
any
person
or
persons
whatsoever
,
shall
presume
to
keep
an
House
of
publick
Entertainment
,
Ordinary
,
Cooks
shop
,
or
shall
by
Retail
sell
Wine
,
Strong
Beer
,
Liquors
or
Cyder
,
without
License
first
had
and
orderly
obtained
;
or
having
had
License
,
and
not
renewed
as
the
Law
requireth
,
or
being
discharged
for
any
misdemeanour
committed
,
or
suffered
to
be
done
in
their
Houses
,
or
in
or
about
the
same
:
It
shall
be
lawful
for
any
Court
or
Magistrate
,
on
complaint
made
to
them
of
such
Misdemeanour
,
to
send
for
such
person
or
persons
before
them
,
and
being
legally
convicted
of
any
the
abovesaid
offences
,
besides
the
penalty
,
to
require
Bond
,
with
sufficient
Sureties
for
the
good
Abbearance
of
such
person
or
persons
,
and
in
special
for
their
ob●ervance
of
the
said
Law
:
And
in
case
of
Refusal
to
give
such
Bond
with
Sureties
as
is
required
;
the
Court
or
Magistrate
that
hath
cognizance
of
such
Complaint
,
shall
commit
such
person
or
persons
convicted
as
abovesaid
to
Prison
,
until
the
next
Court
of
that
County
.
[
1665.
]
WHereas
this
Court
hath
made
several
Laws
and
Orders
for
the
prevention
of
the
sin
of
Drunkenness
,
and
mispending
precious
Time
and
Estate
;
and
yet
notwithstanding
great
complaint
is
made
of
several
persons
spending
their
Time
and
Estate
by
Drinking
and
Tipling
in
Taverns
and
Ale-houses
,
to
the
great
dishonour
of
God
,
and
prejudice
of
their
Families
;
For
the
prevention
whereof
,
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
the
Select
men
of
each
Town
shall
be
,
For
prevention
of
Drunkenness
and
are
hereby
required
and
impowred
to
take
special
care
and
notice
of
all
and
every
person
and
persons
transgressing
as
abovesaid
,
and
thereupon
to
require
him
or
them
to
forbear
the
frequenting
of
such
Houses
or
Taverns
:
and
if
any
person
shall
after
such
warning
given
him
,
be
found
in
any
such
House
of
Entertainment
,
and
be
legally
convicted
thereof
,
before
any
one
Magistrate
or
Commissioner
,
he
shall
forfeit
five
shillings
,
to
be
paid
to
the
Treasurer
of
that
Town
for
every
such
Offence
,
or
sit
in
Stocks
as
the
Judges
shall
see
meet
.
And
it
is
further
Ordered
,
That
the
Select
men
shall
also
give
notice
to
the
keepers
of
●uch
Publick
Hou●es
,
that
they
suffer
no
such
noted
person
in
any
of
their
Houses
,
upon
the
penalty
of
twenty
shillings
for
every
such
defect
,
to
be
paid
to
the
Treasurer
as
aforesaid
.
[
1670.
]
Judgements
and
Executions
.
WHereas
there
is
a
great
abuse
in
selling
of
Judgements
and
Executions
,
and
so
altering
the
property
of
them
before
they
be
satisfied
,
A.
54.
or
Goods
seized
,
whereby
great
inconvenience
may
arise
,
as
experience
hath
proved
;
Judgements
and
Executions
not
to
be
sold
This
Court
doth
therefore
Order
,
That
after
the
end
of
this
Session
,
no
person
shall
sell
,
Alienate
or
Assigne
any
Judgement
or
Execution
whatsoever
,
and
if
any
shall
presume
to
Act
contrary
to
this
Order
,
his
Sale
,
Assignment
or
Alienation
shall
be
void
in
Law
;
and
in
case
the
party
die
after
the
Judgement
before
he
hath
taken
out
an
Execution
,
or
before
satisfaction
be
received
,
his
Executor
or
his
Administrator
shall
take
out
or
reniew
the-Execution
,
as
the
party
deceased
might
have
done
.
JVRORS
.
JVRIES
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
L.
2.
p.
5.
that
the
Secretary
or
Clerk
of
every
Court
,
Clerk
to
grant
warrant
for
Jurors
shall
in
convenient
time
before
the
sitting
of
the
Court
,
send
Warrants
to
the
Constables
of
the
several
Towns
of
the
Jurisdiction
of
that
Court
,
for
Jury-men
proportionable
to
the
Inhabitants
of
each
Town
:
Chosen
by
the
Freemen
And
the
Constable
upon
the
receipt
of
such
Wariant
,
shall
give
timely
notice
to
the
Free
men
of
their
respective
Towns
,
to
chuse
so
many
able
,
discreet
men
as
the
Warrant
shall
require
,
which
men
so
chosen
,
Constables
to
return
the
warrant
he
shall
warn
to
attend
the
Court
whereto
they
are
appointed
,
and
shall
make
return
of
the
Warrant
unto
the
Clerk
aforesaid
.
The
like
Order
shall
be
observed
in
the
choice
and
summoning
juries
to
attend
special
Courts
:
A.
51.
p.
5.
L.
2.
p.
8.
J●ies
at
special
Cour●s
allowed
4.
●
.
per
diem
.
At
which
Courts
every
Jury
man
shall
be
allowed
four
shillings
per
diem
for
their
charges
,
and
to
be
paid
by
him
upon
whose
motion
the
Court
was
granted
.
And
all
Juries
serving
at
the
Court
of
Assistants
at
Boston
,
L.
1.
p.
32.
shall
be
Summoned
respectively
out
of
the
Counties
of
Suffolk
and
Middlesex
:
Jury
to
finde
accord
.
to
Eviden
.
And
all
Jurors
so
chosen
,
shall
be
Impannelled
and
sworn
truely
,
to
try
between
party
and
party
,
and
shall
finde
the
matter
of
fact
with
the
damages
and
costs
,
Bench
to
determine
matter
of
equity
according
to
their
evidence
,
and
the
Judges
shall
declare
the
Sentence
,
or
direct
the
Jury
to
finde
according
to
Law
;
and
if
there
be
matter
of
apparent
equity
,
as
the
forfeiture
of
an
Obligation
,
breach
of
Covenant
without
damage
,
or
the
like
,
the
Bench
shall
determine
such
matters
of
equity
.
And
no
tryal
shall
pass
upon
any
man
for
life
or
Banishment
in
any
inferiour
Court
,
but
by
a
special
Jury
Summoned
for
that
purpose
.
Grand-Juries
2.
It
is
also
Ordered
,
that
there
shall
be
Grand
juries
Summoned
in
like
manner
every
year
unto
the
several
Courts
in
each
Jurisdiction
,
to
present
all
misdemeanours
they
shall
know
or
hear
,
L.
1.
p.
47.
to
be
committed
by
any
person
within
the
Jurisdiction
,
and
to
do
any
other
service
of
the
Common-wealth
,
they
shall
be
required
by
the
said
Court
.
Jurors
not
bound
to
reveel
Secrets
Provided
no
Juror
,
nor
any
person
whatsoever
shall
be
bound
to
inform
,
present
or
reveal
any
private
Crime
or
Offence
,
wherein
there
is
no
peril
or
danger
to
this
Colony
,
or
any
Member
thereof
,
when
any
necessary
tye
of
Conscience
binds
him
to
secresie
,
unless
it
be
in
Testimonies
lawfully
required
.
A.
55.
p.
19.
Jurors
allowance
And
every
Grand
juror
shall
be
allowed
three
shillings
per
diem
for
his
charges
,
out
of
the
fees
and
other
profits
arising
in
each
Court
where
they
do
service
,
or
by
the
Country
if
those
in
comes
fall
short
.
3.
In
all
cases
wherein
the
Law
is
obscure
,
so
as
the
Jury
cannot
be
satisfied
therein
,
whether
it
be
Grand
or
Petty
Jury
,
A.
57.
p.
25.
they
have
liberty
to
present
a
special
Verdict
,
viz.
Juries
liberty
to
Rive
a
special
Verdict
If
the
Law
be
so
in
such
a
point
we
finde
for
the
Plaintiffe
,
but
if
the
Law
be
otherwise
we
finde
for
the
Defendant
,
in
which
case
the
determination
doth
properly
belong
to
the
Court.
And
all
Jurors
shall
have
liberty
in
matter
of
Fact
,
if
they
cannot
finde
the
main
issue
,
yet
to
finde
and
present
in
their
Verdict
so
much
as
they
can
.
4.
And
if
the
Court
and
Jury
shall
so
differ
at
any
time
about
their
Verdict
,
Court
and
Jury
not
agreed
,
case
comes
to
the
General
Court
that
either
of
them
cannot
proceed
with
peace
of
Conscience
,
the
case
shall
be
issued
and
determined
at
the
next
Court
of
Assistants
,
in
manner
following
,
(
i.
e.
)
the
Attachment
with
the
Security
for
appearance
at
the
County
Court
,
shall
be
continued
to
the
Court
of
Assistants
:
A.
56.
p.
14.
and
if
the
Plaintiffe
shall
see
cause
further
to
prosecute
his
Action
,
he
shall
give
summons
to
the
Defendant
as
the
Law
provideth
,
and
shall
also
take
out
of
the
Records
of
the
County
Court
the
Records
of
the
said
case
with
the
Evidences
presented
by
both
parties
,
and
bring
the
same
to
the
Court
of
Assistants
,
where
after
the
case
is
presented
,
as
it
was
at
the
County
Court
,
both
parties
shall
have
liberty
to
make
any
new
Pleas
or
Evidence
before
the
Bench
and
Jury
:
and
in
case
the
Plaintiffe
shall
not
further
prosecute
his
Action
in
manner
as
is
hereby
provided
,
the
Defendant
shall
then
have
Judgement
granted
him
for
his
costs
,
at
the
next
Court
of
that
County
.
5.
It
is
further
Ordered
,
That
whensoever
any
Jury
or
Jurors
are
not
clear
in
their
Judgements
or
Conscience
,
L.
1.
p.
31.
concerning
any
case
wherein
they
are
to
give
their
Verdict
,
Juries
liberty
to
take
advice
in
open
Court
they
shall
have
liberty
in
open
Court
(
but
not
otherwise
)
to
advise
with
any
man
they
shall
think
fit
to
resolve
or
direct
them
,
before
they
give
in
their
Verdict
.
And
no
Juror
shall
be
compelled
to
serve
above
one
ordinary
Court
in
a
year
,
except
Grand
jurors
,
Jurors
to
serv'●
but
a
year
except
who
shall
hold
two
Courts
together
at
the
least
,
and
such
as
shall
be
summoned
to
serve
in
cases
of
lite
and
death
,
or
Banishment
.
[
1634
,
41
,
42
,
49
,
50
,
51
,
53
,
56
,
57.
]
6.
Whereas
in
Suits
and
Actions
brought
into
Courts
between
party
and
party
,
sometimes
the
Plaintiffe
and
sometimes
the
Defendant
,
and
sometimes
neither
of
them
do
attend
to
answer
when
they
are
called
to
Prosecute
or
Answer
,
which
hath
been
too
long
connived
at
by
the
Magistrates
,
and
much
time
lost
in
sending
to
seek
them
out
,
or
wait
their
comeing
in
,
whereby
the
Country
charges
encreased
,
and
the
Magistrates
,
Jurors
,
Witnesses
and
others
abused
,
contrary
to
the
Laudable
,
Reasonable
Practise
and
Customes
of
all
Courts
in
our
Native
Country
,
and
other
Countries
known
unto
us
;
It
is
therefore
hereby
Ordered
and
Enacted
,
That
if
any
Plaintiffe
,
He
or
Shee
have
entred
any
Action
to
be
tryed
in
any
Court
,
or
which
comes
orderly
into
any
Court
,
by
Replevin
,
Appeal
,
or
by
the
disagreement
between
the
Magistrates
and
Jury
in
an
Inferiour
Court
,
and
do
not
by
him
or
her self
,
or
by
their
Attornies
make
their
appearance
and
prosecute
their
Action
immediately
after
they
have
been
three
times
called
in
the
Court
by
Name
,
after
the
first
forenoon
of
the
Court
;
Plaintif
and
Defen
dants
penalty
for
not
answ.
at
their
call
.
that
then
they
shall
be
Non-suited
;
and
if
Plaintiffe
or
Defendant
appear
upon
such
call
,
they
shall
have
their
costs
granted
by
the
Court
against
him
or
her
that
doth
not
appear
;
Plaintiffs
liberty
to
make
new
entry
in
case
and
if
afterwards
both
parties
do
agree
to
try
their
case
at
the
same
Court
,
they
shall
be
allowed
so
to
do
,
the
Plaintiffe
paying
half
so
much
for
a
new
Entry
as
he
did
before
.
Delinq
.
penalty
for
not
answering
when
calld
And
if
any
person
presented
by
the
Grand-jury
for
any
offence
,
or
Sun
moned
by
a
Magistrate
to
answer
any
crime
,
do
not
upon
Summons
appear
at
the
time
appointed
,
upon
the
third
call
as
aforesaid
,
He
or
Shee
shall
be
proceeded
against
for
contempt
,
except
He
or
Shee
be
restrained
or
prevented
by
the
Hand
of
God
.
Lands
,
free
Lands
.
IT
is
also
Ordered
,
and
by
this
Court
Declared
,
That
all
our
Lands
and
Heritages
shall
be
free
from
all
Fines
and
Licenses
,
upon
Alienations
,
and
from
all
Hariots
,
Wardships
,
Liveries
,
Primerseizins
,
year
,
day
and
waste
,
Escheats
and
forfeitures
upon
the
Death
of
Parents
or
Ancestors
,
natural
,
unnatural
,
casual
or
judicial
and
that
for
ever
.
[
1641.
]
LEATHER
.
THis
Court
considering
the
several
Deceits
and
Abuses
which
in
other
places
have
been
,
and
are
commonly
practised
by
the
Tanners
,
Curriers
,
and
workers
of
Leather
,
as
also
the
abuses
and
inconveniences
which
accrue
to
the
several
Members
of
this
Common-wealth
,
by
Leather
not
sufficiently
Tanned
and
Wrought
,
which
is
occasioned
by
the
negligence
and
unskilfulness
of
these
several
Trades-men
,
which
before
,
in
and
after
,
it
is
in
the
hand
of
the
Tanner
may
be
much
bettered
or
impaired
;
for
prevention
whereof
;
Butchers
,
Curriers
may
not
Tan
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
no
person
using
or
occ●pying
the
Feat
and
Mystery
of
a
Lutcher
,
Currior
or
Sho●maker
by
himself
or
any
other
,
shall
use
or
exercise
the
Feat
or
Mystery
of
a
Ta●ner
,
on
pain
of
the
forfeiture
of
six
shillings
eight
pence
for
every
Hide
or
Skin
by
him
or
them
so
Tanned
,
whilest
he
or
they
shall
use
or
occupy
any
of
the
Mysteries
aforesaid
.
Nor
shall
any
Tanner
during
his
using
the
said
Trade
of
Tanning
,
use
or
occupy
the
Feat
or
Mystery
of
either
Butcher
,
Currier
,
or
Shoomaker
,
by
himself
or
any
other
,
upon
pain
of
the
like
forfeiture
.
Gashing
of
hides
forfeit
12.
d.
Nor
shall
any
Butcher
by
himself
or
any
other
person
,
Gash
or
Cut
any
hide
of
Oxe
,
Bull
,
Steer
,
or
Cow
,
in
fleaing
thereof
,
or
otherwise
,
whereby
the
same
shall
be
impaired
or
hurt
,
on
pain
of
forfeiting
twelve
pence
for
any
such
Gash
,
or
Cut
in
any
Hide
or
Skin
.
Nor
shall
any
person
or
persons
henceforth
,
Bargain
,
Buy
,
make
any
Contract
,
or
bespeak
any
rough
Hide
of
Oxe
,
Bull
,
Steer
or
Cow
,
Only
Tanners
may
buy
raw
hides
in
the
Hair
,
but
only
such
persons
as
have
and
do
use
and
exercise
the
Art
of
Tanning
.
Leather
not
to
be
over
li●ed
or
insufficiently
Tanned
2.
Nor
shall
any
person
or
persons
,
using
or
which
shall
use
the
Mystery
or
faculty
of
Tanning
at
any
time
or
times
hereafter
,
offer
to
put
to
sale
any
kinde
of
Leather
,
which
shall
be
insufficiently
or
not
throughly
Tanned
,
or
which
hath
been
over
limed
,
or
burnt
in
the
limes
,
or
which
shall
not
have
been
after
the
Tanning
thereof
,
well
and
throughly
dryed
,
upon
pain
of
forfeiting
that
whole
Hide
,
half
Hide
,
or
other
piece
of
Leather
,
wherein
one
sixteenth
part
shall
be
found
by
the
Searcher
or
Se●ler
of
Leather
(
lawfully
appointed
)
to
be
either
over-limed
or
insufficiently
Tanned
,
Penalty
.
or
not
throughly
dried
as
aforesaid
.
Nor
shall
any
person
using
the
Mystery
of
Tanning
as
aforesaid
,
set
any
of
their
Fats
in
Tan-hills
,
or
other
places
where
the
Woozes
or
Leather
put
to
Tanne
in
the
same
,
shall
or
may
take
any
unkinde
heats
,
nor
shall
put
any
Leather
into
any
hot
or
warm
Woozes
whatsoever
,
on
pain
of
twenty
pounds
for
every
such
offence
.
Curriers
duty
3.
Nor
shall
any
person
or
persons
,
using
or
occupying
the
Mystery
or
faculty
of
Currying
,
Curry
any
kinde
of
Leather
,
except
it
be
well
and
throughly
Tanned
;
nor
shall
Curry
any
Hide
being
not
throughly
dried
after
his
wet
season
,
in
which
wet
season
,
he
shall
not
use
any
sta●e
,
urine
,
or
any
other
deceitful
or
subtile
mixture
,
thing
,
way
or
means
,
to
corrupt
or
hurt
the
same
;
nor
shall
Curry
any
Leather
meet
for
outer
sole
Leather
with
any
other
then
good
hard
Tallow
,
nor
with
any
less
of
that
then
the
Leather
will
receive
;
nor
shall
Curry
any
kinde
of
Leather
meet
for
upper
Leather
and
inward
Soles
,
but
with
good
and
sufficient
stuffe
,
being
fresh
,
and
not
salt
,
and
throughly
liquored
,
till
it
will
receive
no
more
;
nor
shall
burn
or
scald
any
Hide
or
Leather
in
the
Currying
,
but
shall
work
the
same
sufficiently
in
all
points
and
respects
,
on
pain
of
forfeiture
for
every
such
offence
,
or
act
done
contrary
to
the
true
meaning
of
this
Order
,
Penalty
.
the
full
value
of
every
such
Hide
marred
by
his
evil
Workmanship
or
Handling
,
which
shall
be
judged
by
two
or
more
sufficient
and
honest
skilful
persons
,
Curriers
or
others
on
their
Oath
given
to
them
for
that
end
,
by
any
Magistrate
.
Search
〈◊〉
Leather
to
be
●worn
4.
And
every
Town
where
need
is
or
shall
be
,
shall
chuse
one
or
two
persons
of
the
most
honest
and
skilful
within
their
several
Town-ships
,
and
present
them
unto
the
County
Court
,
or
one
Magistrate
,
who
shall
appoint
and
swear
the
said
persons
,
by
their
discretion
,
to
make
search
and
view
within
the
precincts
of
their
limits
,
in
any
House
,
A.
51.
p.
3.
Shop
or
Ware-house
,
where
they
conceive
such
Leather
may
be
,
whether
wrought
into
Shoos
,
Boots
,
or
otherwise
,
as
oft
as
they
shall
think
meet
and
need
shall
be
,
who
shall
have
a
Mark
or
Seal
prepared
by
each
Town
for
that
purpose
;
and
the
said
Searchers
,
or
one
of
them
shall
keep
the
same
,
and
therewith
shall
Seal
such
Leather
as
they
shall
finde
sufficient
in
all
respects
and
no
other
.
And
if
the
said
Searchers
,
or
any
of
them
,
shall
finde
any
Leather
●old
or
offered
to
be
sold
,
brought
or
offered
to
be
Searched
or
Sealed
,
which
shall
be
Tanned
,
To
seize
all
defective
Leather
.
Wrought
,
Converted
or
Used
contrary
to
the
true
intent
and
meaning
of
this
Order
:
It
shall
be
lawful
for
the
said
Searchers
or
any
of
them
to
seize
all
such
Leather
and
to
retain
the
same
in
their
custody
,
and
if
the
owner
shall
not
submit
to
the
Judgement
of
the
Officer
or
Officers
,
the
said
Officer
so
sezing
the
same
,
shall
within
three
dayes
,
call
to
him
four
or
six
men
,
honest
and
skilful
in
such
ware
to
view
the
same
in
the
presence
of
the
party
(
or
without
him
having
notice
thereof
)
who
shall
certifie
upon
their
Oaths
unto
the
next
County
Court
of
that
Shire
,
or
unto
one
of
the
Magistrates
the
defect
of
the
said
Leather
.
Searching
Leather
made
into
Shoos
&
Boots
.
The
like
power
shall
the
said
Searchers
have
,
to
search
all
Leather
wrought
into
Shoos
or
Boots
,
as
also
ro
seize
all
such
as
they
finde
to
be
made
of
insufficient
Leather
,
or
not
well
and
sufficiently
wrought
up
:
Searchers
default
And
if
any
Searcher
or
Sealer
of
Leather
,
shall
refuse
with
convenient
speed
,
to
seal
any
Leather
sufficiently
Tanned
,
Wrought
and
Used
according
to
the
true
meaning
of
this
Order
,
or
shall
Seal
that
which
shall
be
insufficient
,
Penalty
then
every
such
Searcher
and
Sealer
of
Leather
,
shall
forfeit
for
every
such
offence
,
the
full
value
of
so
much
as
shall
be
insufficiently
Tanned
.
And
the
Fees
for
Searching
and
Sealing
of
Leather
,
shall
be
one
penny
a
Hide
for
any
parcel
less
then
five
,
Fees
.
and
for
all
other
parcels
,
after
the
rate
of
six
pence
a
Dickar
,
which
the
Tanner
shall
pay
upon
the
Sealing
of
the
said
Leather
from
time
to
time
.
5.
Lastly
,
It
is
Ordered
by
the
Authority
aforesaid
,
That
the
several
fines
and
forfeitures
in
this
Order
mentioned
,
shall
be
equally
divided
into
three
parts
and
distributed
,
as
,
viz.
one
third
part
to
the
common
Treasury
of
the
Shire
wherein
the
offence
is
committed
,
another
third
part
to
the
common
Treasury
of
the
Town-ship
where
the
offender
inhabiteth
,
and
the
other
third
part
to
the
Seizer
or
Seizers
of
such
Leather
,
Shoos
,
or
Boots
as
is
insufficiently
Tanned
,
Curried
,
or
Wrought
from
time
to
time
.
[
1642
,
51.
]
Liberties
Common
.
Liberty
at
publick
Assemblies
IT
is
Ordered
,
by
this
Court
Decreed
and
Declared
;
That
every
man
whether
Inhabitant
or
Forreigner
,
free
or
not
free
,
shall
have
liberty
to
come
to
any
publick
Court
,
Council
or
Town
meeting
,
and
either
by
speech
or
writing
,
to
move
any
lawful
,
seasonable
or
material
Question
,
or
to
present
any
necessary
Motion
,
Complaint
,
Petition
,
Bill
or
Information
,
whereof
that
Meeting
hath
proper
cognizance
,
so
it
be
done
in
convenient
time
,
due
Order
and
respective
Manner
.
[
1641.
]
2.
Every
Inhabitant
who
is
an
House-holder
,
shall
have
free
Fishing
and
Fowling
in
any
great
Ponds
,
Fis●ing
and
●owling
Bayes
,
Coves
and
Rivers
,
so
far
as
the
Sea
Ebbes
and
Flows
within
the
precincts
of
the
Town
where
they
dwell
,
unless
the
Freemen
of
the
same
Town
or
the
General
Court
have
otherwise
appropriated
them
:
Provided
,
that
no
Town
shall
appropriate
to
any
particular
person
or
persons
,
any
great
Pond
,
containing
more
then
ten
Acres
of
Land
,
and
that
no
man
shall
come
upon
anothers
propriety
without
their
leave
,
otherwise
then
as
hereafter
expressed
.
The
which
clearly
to
determine
;
It
is
Declared
,
That
in
all
Creeks
,
Coves
and
other
places
about
and
upon
Salt
water
,
where
the
Sea
Ebbs
and
Flows
,
the
Proprietor
,
or
the
Land
adjoyning
,
shall
have
Propriety
to
the
Low-water
mark
,
where
the
Sea
doth
not
Ebbe
above
a
hundred
Rods
,
and
not
more
wheresoever
it
Ebbs
further
,
Provided
that
such
Proprietor
,
shall
not
by
this
liberty
have
power
to
stop
or
hinder
the
passage
of
Boats
or
other
Vessels
,
in
or
through
any
Sea
,
Creeks
or
Coves
,
to
other
mens
Houses
or
Lands
.
Liberty
to
pass
through
propriety
to
fish
&
fowl
And
for
great
Ponds
lying
in
Common
,
though
within
the
Bounds
of
some
Town
,
it
shall
be
free
for
any
man
to
fish
and
fowle
there
,
and
may
pass
and
repass
on
foot
through
any
mans
propriety
for
that
end
,
so
they
trespass
not
upon
any
mans
Corn
or
Meadow
.
[
1641
,
47.
]
Liberty
to
remove
out
of
the
Jurisdiction
3.
Every
man
of
,
or
within
this
Jurisdiction
,
shall
have
free
liberty
(
notwithstanding
any
Civil
Power
)
to
remove
both
himself
and
his
Family
,
at
their
pleasure
out
of
the
same
,
Provided
there
be
no
legal
impediment
to
the
contrary
.
[
1641.
]
LYING
.
WHereas
Truth
in
Words
,
as
well
as
in
Actions
is
required
of
all
men
,
especially
of
Christians
,
who
are
the
professed
Servants
of
the
God
of
Truth
;
And
whereas
all
Lying
is
contrary
to
Truth
,
and
some
sort
of
Lies
are
not
only
sinful
(
as
all
Lyes
are
)
but
also
pernicious
to
the
publick
Weal
,
and
injurious
to
particular
persons
;
It
is
therefore
Ordered
by
this
Court
and
Authority
thereof
,
That
every
person
of
the
age
,
Age
of
discretion
14
years
of
discretion
(
which
is
accounted
fourteen
years
)
who
shall
wittingly
and
willingly
make
,
or
publish
any
Lye
,
which
may
be
pernicious
to
the
Publick
Weal
,
or
tending
to
the
damage
or
injury
of
any
particular
person
,
or
with
intent
to
deceive
and
abuse
the
People
with
false
News
and
Reports
,
and
the
same
duely
proved
in
an●
Court
,
or
before
any
one
Magistrate
(
who
hath
hereby
power
granted
to
hear
and
determine
all
offences
against
this
Law
)
such
person
shall
be
fined
for
the
first
offence
ten
shillings
,
first
offence
10
.
●●
or
stock
.
or
if
the
party
be
unable
to
pay
the
same
,
then
to
be
set
in
the
Stocks
,
so
long
as
the
said
Court
or
Magistrate
shall
appoint
in
some
open
place
,
not
exceeding
two
hours
.
For
the
second
offence
in
that
kinde
,
whereof
any
shall
be
legally
convicted
,
shall
pay
the
sum
of
twenty
shillings
or
be
whipped
upon
the
naked
Body
,
not
exceeding
ten
stripes
.
Second
offence
〈…〉
w●●●
Third
offence
And
for
the
third
offence
forty
shillings
,
or
if
the
party
be
unable
to
pay
,
then
to
be
whipped
with
more
stripes
,
not
exceeding
fifteen
.
Fourth
offence
And
if
yet
any
shall
offend
in
like
kinde
,
and
be
legally
convicted
thereof
,
such
person
Male
or
Female
,
shall
be
fined
ten
shillings
a
time
more
then
formerly
,
or
if
the
party
so
offending
be
unable
to
pay
,
then
to
be
whipt
with
five
or
six
more
stripes
then
formerly
,
not
exceeding
forty
at
any
time
.
The
aforesaid
fines
shall
be
leavied
,
or
stripes
inflicted
either
by
the
Marshal
of
that
Jurisdiction
,
or
Constable
of
the
Town
where
the
offence
is
committed
,
according
as
the
Court
or
Magistrate
shall
direct
.
And
such
fines
so
leavied
shall
be
paid
to
the
Treasury
of
the
Shire
where
the
cause
is
tryed
.
Liberty
to
Appeal
And
if
any
person
shall
finde
himself
grieved
with
the
Sentence
of
any
such
magistrate
out
of
Court
,
he
may
Appeal
to
the
next
Court
of
the
same
Shire
,
If
causeless
doubly
fined
giving
sufficient
security
to
prosecute
his
Appeal
,
and
abide
the
Order
of
the
Court
,
and
if
the
said
Court
shall
judge
his
Appeal
causeless
,
he
shall
be
double
fined
,
and
pay
the
charges
of
the
Court
during
his
Action
,
or
corrected
by
whipping
as
aforesaid
,
not
exceeding
forty
stripes
,
and
pay
the
costs
of
the
Court
,
and
party
complaining
or
informing
,
and
of
the
Witnesses
in
the
case
.
And
for
all
such
as
being
under
age
of
discretion
,
that
shall
offend
in
Lying
contrary
to
this
Order
,
Under
age
to
be
corrected
by
Parents
their
Parents
or
Masters
shall
give
them
due
correction
,
and
that
in
the
presence
of
some
Officer
,
if
any
Magistrate
shall
so
appoint
;
Provided
alwayes
,
that
no
person
shall
be
barred
of
his
just
action
of
slander
,
or
otherwise
,
by
any
proceeding
upon
this
Order
.
[
1645.
]
MAN-SLAVGHTER
.
A
man
may
kill
in
his
own
defence
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
if
any
person
in
the
just
and
necessary
defence
of
his
life
,
or
the
life
of
any
other
,
shall
kill
any
person
attempting
to
Rob
or
Murther
in
the
Field
or
High-way
,
or
to
break
into
any
dwelling
house
,
if
he
conceive
he
cannot
with
safety
of
his
own
person
otherwise
take
the
Felon
or
Assailant
,
or
bring
him
to
Tryal
,
he
shall
be
holden
blameless
.
[
1647.
]
MARITIME
AFFAIRES
.
WHereas
through
the
Blessing
of
God
upon
this
Jurisdiction
,
the
Navigation
and
Maritime
Affaires
thereof
,
is
grown
to
be
a
considerable
Interest
,
the
well
management
whereof
,
is
of
great
concernment
to
the
publick
Weal
;
For
the
better
Ordering
the
same
for
the
future
,
and
that
there
may
be
known
Laws
and
Rules
for
all
sorts
of
persons
imployed
therein
;
according
to
their
several
stations
and
capacities
,
and
that
there
may
be
one
Rule
for
the
guidance
of
all
Courts
in
their
proceedings
,
in
distributive
Justice
;
This
Court
doth
Order
,
and
be
it
Ordered
by
the
Authority
thereof
;
SECT.
I.
That
whereas
there
is
many
times
differences
between
Owners
of
Ships
,
Ketches
,
Barques
and
other
Vessels
,
Minor
part
overs
to
b●●●●●ded
by
the
major
part
in
setting
forth
their
several
parts
,
whereby
damage
doth
accrue
to
the
particular
concernment
of
Owners
,
and
if
not
prevented
,
may
be
a
great
obstruction
of
Trade
,
where
there
are
several
Owners
concerned
,
as
Owners
in
Ship
,
Ketch
,
Barque
or
other
Vessel
whatsoever
,
used
for
Traffick
,
Commerce
,
Fishing
,
Logge
,
Board
,
Wood
or
Stone
,
Carriage
upon
Salt
or
Fresh-water
,
all
such
Owners
of
lesser
part
,
shall
be
concluded
for
the
setting
forth
of
his
part
,
by
the
major
part
of
the
whole
concerned
,
such
Owners
so
concluded
,
having
notice
given
them
of
the
meeting
for
such
conclusion
,
if
they
be
nigh
hand
;
and
in
case
of
any
Owner
refusing
,
or
by
reason
of
neglect
or
absence
,
or
not
able
to
provide
for
the
setting
forth
his
part
,
the
Master
of
such
Ship
or
Vessel
may
take
up
upon
the
Bottome
,
for
the
setting
forth
of
the
said
part
,
the
which
being
defrayed
,
the
remainder
of
the
income
of
such
part
to
be
paid
by
the
Master
to
the
said
Owner
.
SECT.
II.
Owners
refu●●●●
to
signe
Char●●●
parts
to
make
publick
protest
,
&c.
And
in
ease
of
Fraightment
,
where
any
Owner
shall
refuse
to
assent
to
the
letting
out
of
Ship
or
Vessel
,
where
he
is
interessed
,
such
dissenter
shall
manifest
it
by
some
publick
act
of
protest
,
before
the
signing
of
charter
party
,
except
the
Master
or
the
rest
of
the
Owners
,
or
both
,
conceal
from
him
or
them
their
actings
,
then
his
or
their
protest
after
charter
party
signed
by
themselves
or
agents
,
shall
be
taken
for
legal
dissent
,
yet
not
to
hinder
the
proceed
of
the
Ship
or
Vessel
,
but
that
those
so
sending
her
forth
shall
be
liable
to
respond
his
part
upon
ensurance
according
to
the
Custome
of
Merchants
,
which
ensurance
is
to
be
defalked
out
of
that
part
of
hire
,
due
for
such
owners
which
dissented
.
SECT.
III.
Whereas
Masters
of
Ships
or
other
Vessels
,
have
their
Owners
live
part
in
one
Country
and
part
in
another
,
whereby
they
have
in
themselves
not
only
oportunity
;
and
some
have
made
use
thereof
in
their
own
persons
,
to
represent
the
major
part
of
the
Owners
in
the
place
where
he
comes
;
It
is
therefore
Ordered
,
that
such
Master
shall
not
be
taken
to
have
Vote
in
the
ordering
of
such
Vessel
further
then
his
own
interest
,
Masters
to
have
but
single
votes
.
except
he
make
it
appear
to
the
rest
of
the
Owners
,
where
he
is
,
that
he
is
Authorized
under
the
hands
of
such
Owners
absent
,
and
then
he
is
to
have
Votes
according
to
the
proportion
of
parts
he
so
stands
for
,
and
the
majority
of
parts
are
to
carry
it
as
before
;
nevertheless
it
is
to
be
understood
,
that
any
Owner
hath
power
to
make
sale
of
his
part
,
either
to
the
rest
of
the
Owners
,
or
others
,
as
may
be
most
to
his
own
advantage
,
and
if
any
Master
shall
presume
to
act
contrary
hereunto
,
what
damage
shall
be
sustained
by
the
rest
of
the
Owners
,
the
Master
shall
be
liable
to
make
good
,
it
being
duely
proved
against
him
.
SECT.
IV.
All
Masters
taking
charge
,
as
Masters
of
Ships
or
other
Vessels
,
and
not
being
sufficient
to
discharge
his
place
,
or
that
through
negligence
,
or
otherwise
,
Penalty
of
Masters
and
Marriners
non-attendance
on
board
shall
imbezel
the
Owners
or
Imployers
Stock
,
or
time
,
or
that
shall
suffer
his
men
to
neglect
their
due
attendance
on
board
,
both
by
day
and
night
,
especially
when
or
whilest
Merchants
Goods
are
on
board
,
and
that
Himself
or
Mate
be
not
on
board
every
night
,
to
see
good
Orders
kept
,
upon
defect
therein
,
such
Master
shall
be
liable
to
pay
the
damage
that
shall
accrue
by
such
neglect
,
it
being
duely
proved
against
him
.
SECT.
V.
For
the
Masters
better
securing
their
men
to
them
,
and
to
prevent
all
Coven
,
they
shall
make
clear
agreements
with
their
Marriners
,
Masters
to
make
particular
agreement
with
Seamen
and
Officers
for
their
wages
,
and
those
agreements
enter
into
a
Book
,
and
take
the
several
mens
hands
thereto
,
a
copy
whereof
the
Master
as
a
Portlige
Bill
shall
leave
with
their
Owners
if
required
of
them
,
before
their
setting
saile
upon
the
Voyage
,
and
all
such
agreements
,
the
Master
shall
make
good
to
the
Sea-men
,
and
such
Ship
or
Vessel
as
they
saile
in
,
shall
be
liable
for
to
make
good
the
same
.
SECT.
VI.
Masters
to
make
due
provisions
&c.
All
Masters
of
greater
or
lesser
Vessels
,
shall
make
due
and
meet
provisions
of
Victuals
and
Drink
for
their
Sea-men
,
or
Passengers
,
according
to
the
laudable
custome
of
our
English
Nation
,
as
the
Custome
and
Capacity
of
the
places
they
saile
from
will
admit
,
upon
penalty
of
paying
damages
sustained
for
neglect
thereof
.
SECT.
VII
.
No
Masters
to
entertain
Sea-men
not
discharged
.
Nor
Sea-men
to
enter
themselves
till
cleared
&c
That
no
Master
shall
Ship
any
Sea-man
or
Marriner
that
is
shipt
before
by
another
Master
or
Imployer
upon
a
Voyage
,
nor
shall
any
Sea-man
ship
himself
to
any
other
man
,
until
he
be
discharged
from
him
that
shipt
him
first
,
upon
penalty
of
him
that
entertains
him
to
pay
one
months
pay
,
that
such
Sea-man
agrees
for
,
as
also
of
such
Sea-man
shipping
himself
to
pay
one
months
pay
that
he
agrees
for
;
the
half
thereof
to
be
paid
to
the
use
of
the
poor
of
the
Town
or
place
where
the
offence
is
committed
,
the
other
half
to
the
complainer
or
informer
.
SECT.
VIII
.
Masters
prohibited
from
sailing
into
any
Port
but
what
bound
to
.
No
Master
of
Ship
or
Vessel
shall
saile
into
any
Haven
or
Port
,
except
necessitated
thereunto
by
Wind
or
Weather
,
or
for
want
of
provision
,
or
for
security
from
Pirates
,
but
such
Port
as
by
charter
party
,
or
his
Bill
of
Lading
he
is
bound
unto
,
until
he
hath
delivered
his
Goods
according
to
his
engagement
;
and
in
case
any
Master
shall
take
in
goods
for
more
Ports
and
Places
then
one
,
he
shall
declare
himself
so
to
do
,
to
to
those
that
Fraight
upon
him
,
and
in
case
he
shall
voluntarily
go
to
any
other
Port
or
Harbour
then
he
is
obliged
to
as
above
;
if
damage
to
the
Merchants
goods
happen
thereby
,
such
Master
shall
make
good
the
same
,
it
being
duely
proved
against
him
.
SECT.
IX
.
Masters
may
alter
their
voyages
in
case
Any
Master
hired
out
or
imployed
by
his
Owners
upon
any
Voyage
,
receiving
advice
from
his
imployers
,
that
the
alteration
of
the
Voyage
when
they
are
abroad
,
may
be
much
for
their
security
and
advantage
,
by
going
to
some
other
port
,
the
Master
seeing
meet
to
close
with
that
advice
,
Sea-mans
Contracts
to
stand
good
the
Marriners
shall
not
hinder
his
proceed
,
unless
where
any
of
the
Sea-men
shall
have
made
a
particular
contract
with
the
Master
to
the
Contrary
,
Provided
that
they
be
not
carried
to
stay
out
above
one
year
,
nor
be
carried
to
any
place
where
they
may
be
liable
to
be
pressed
into
a
service
they
are
not
willing
unto
.
SECT.
X.
Masters
to
pay
wages
according
to
agreement
.
Masters
shall
see
that
their
Officers
and
Marriners
be
duely
paid
their
Wages
according
to
agreement
made
with
them
,
upon
the
finishing
of
their
Voyage
,
without
delay
or
trouble
,
upon
penalty
of
paying
damages
for
neglect
,
and
all
costs
that
the
Sea-men
shall
be
at
for
recovering
the
same
.
SECT.
XI
.
Whereas
many
times
Masters
take
in
Merchants
Goods
on
board
their
Ships
or
Vessels
upon
Fraight
,
when
yet
they
are
not
meetly
sitted
with
suitable
Tackling
and
Sea-men
for
the
security
of
such
Ships
or
Vessels
,
and
Goods
;
Masters-Ships
&
Seamen
to
bear
loss
of
goods
damnified
by
their
neglect
or
want
of
Ground
tacle
It
is
Ordered
,
That
in
case
any
Master
of
Ship
or
Vessel
,
after
he
hath
Laden
upon
his
Ship
or
Vessel
any
Merchants
Goods
to
be
transported
,
shall
for
want
of
sufficient
ground
tackle
(
if
to
be
had
)
or
because
of
want
of
sufficient
men
being
on
board
,
come
a
shore
to
the
damage
of
such
Merchants
or
Fraighters
in
their
Goods
,
the
Ship
shall
be
liable
to
make
good
such
damages
;
and
in
case
the
defect
appear
to
be
in
the
Master
and
Men
both
,
or
either
,
the
Owners
shall
recover
such
damage
from
them
.
SECT.
XII
.
Where
any
Ship-Master
hath
Mored
his
Ship
or
Vessel
,
none
other
shall
come
so
near
to
him
first
Mored
as
to
do
him
damage
,
Damage
upon
goods
when
ships
fall
foul
or
receive
damage
by
him
,
upon
the
penalty
of
him
so
comeing
,
to
make
good
all
the
damage
,
and
to
be
farther
punished
if
wilfulness
or
perverseness
in
the
action
be
proved
against
him
.
SECT.
XIII
.
Masters
Running
on
board
any
ship
at
Author
,
&c.
In
case
any
Master
of
Ship
or
Vessel
under
saile
,
shall
run
on
board
any
other
Ship
or
Vessel
at
an
Anchor
,
and
damnifie
him
,
the
party
of
fending
shall
pay
the
damage
;
and
such
Ship
or
Vessel
as
he
sailes
in
shall
be
liable
to
arrest
for
the
making
good
the
damage
,
the
damage
to
be
judged
by
indifferent
men
,
appointed
by
the
Judges
thereof
,
unless
the
parties
agree
among
themselves
.
SECT.
XIV
.
In
case
of
loss
of
Goods
by
reason
of
throwing
some
over
board
to
case
the
Vessel
to
save
the
rest
,
the
Goods
thrown
over
board
,
Goods
thr●wn
ov●●
bo●●d
〈◊〉
sent
of
M●st●r●
&
Officers
to
be
made
good
by
an
Avarage
shall
not
be
done
without
the
Master
and
major
part
of
the
companies
consent
,
or
at
least
of
the
Officers
with
the
Master
,
which
Goods
shall
be
brought
into
an
Avarage
,
and
the
whole
loss
to
be
born
by
Ship
,
and
Goods
,
and
Wages
in
proportion
that
are
saved
;
The
like
course
shall
be
for
cutting
of
Masts
,
and
loss
thereof
,
or
Boats
,
Cables
or
Anchors
,
as
also
of
Riggin
and
sailes
,
for
the
safety
of
the
whole
,
the
Merchants
Goods
are
to
bear
a
part
of
the
loss
.
SECT.
XV.
In
case
a
Ship
or
Vessel
,
at
setting
forth
proves
deficient
,
and
gives
over
the
Voyage
,
Damage
by
an
insufficient
bottome
the
Charges
the
Merchant
hath
sustained
in
Shipping
and
Landing
his
Goods
,
shall
be
born
by
the
Master
and
Owners
of
such
Vessel
,
that
presumes
to
take
Goods
into
an
insufficient
Bottom
.
SECT.
XVI
.
Any
Ship
or
Vessel
at
Sea
,
receiving
damage
by
the
Masters
or
Marriners
negligence
,
yet
bringeth
the
Merchants
Goods
home
,
and
delivereth
them
according
to
Bills
of
Lading
,
he
shall
receive
his
fraight
,
Damage
at
Sea
but
if
the
Goods
be
damnified
,
the
Master
or
Marriners
shall
make
good
the
damage
.
SECT.
XVII
.
Damage
by
ships
breaking
loose
.
If
any
Ship
or
Vessel
in
storm
,
shall
break
loose
and
fall
upon
another
,
and
do
her
damage
for
want
of
ground
tackle
,
the
Ship
breaking
loose
shall
make
good
the
damage
;
but
if
it
appear
the
Master
,
or
Marriners
,
or
both
,
are
negligent
of
freshing
their
Hoase
,
or
clearing
their
Cables
,
they
shall
pay
the
damage
for
such
neglect
.
SECT.
XVIII
.
All
Marriners
being
shipt
upon
a
Voyage
,
and
in
pay
,
they
shall
duely
attend
the
service
of
the
Masters-Ship
or
Vessel
for
the
Voyage
,
Marriners
absent
without
leave
and
not
absent
themselves
day
or
night
without
leave
from
the
Master
,
upon
forfeit
for
every
offence
five
shillings
.
SECT.
XIX
.
No
Officers
or
Marriners
shall
be
disorderly
or
unruly
,
to
occasion
disturbance
in
the
Ship
or
other
Vessel
he
is
shipped
upon
,
Officers
or
matriners
unruliness
to
hinder
or
damnifie
the
Voyage
,
to
be
proved
by
the
Master
or
other
Marriners
,
or
both
,
upon
penalty
of
paying
the
damage
if
able
,
and
in
case
of
inability
to
pay
,
to
suffer
Corporal
punishment
,
as
the
nature
of
the
offence
may
appear
to
the
Judges
,
and
in
case
Master
or
Marriners
shall
conceal
the
offences
of
such
,
and
refuse
to
give
in
evidences
therein
,
they
shall
be
amerced
or
imprisoned
,
as
the
Judges
shall
see
meet
.
SECT.
XX.
If
any
shall
undertake
the
charge
of
Pilot
,
Boat-swain
,
Gunner
,
or
any
other
Office
,
Ignorant
Pilots
or
Officers
in
Ship
or
other
Vessel
,
and
not
be
able
to
discharge
the
duty
of
the
place
,
such
shall
lose
their
Wages
in
part
or
in
whole
,
and
be
further
punished
for
their
presumption
,
as
the
Judges
shall
fee
meet
.
SECT.
XXI
.
Watch
to
be
kept
All
Marriners
shall
keep
true
Watch
at
Sea
or
in
Harbour
,
as
the
Master
shall
appoint
,
upon
pain
of
forfeit
of
twelve-pence
for
every
default
,
to
be
defalked
out
of
their
wages
.
SECT.
XXII
.
Marriners
or
seting
the
Voyage
Any
Marriner
that
hath
entred
upon
a
Voyage
,
and
shall
depart
and
leave
the
Voyage
,
shall
forfeit
all
his
wages
,
one
half
to
the
poor
,
the
other
half
to
the
Master
and
Owners
,
and
be
further
punished
by
Imprisonment
or
otherwise
as
the
case
may
be
circumstanced
,
to
be
judged
by
the
Magistrate
or
Magistrates
they
are
complained
to
,
except
such
Sea-man
shall
shew
just
cause
for
his
so
leaving
the
Voyage
,
and
shall
procure
an
Order
therefore
from
Authority
.
SECT.
XXIII
.
Runaway
Marriners
If
any
Marriner
shall
have
received
any
considerable
part
of
his
wages
,
and
shall
run
away
from
the
Ship
or
Vessel
he
belongs
to
,
and
decline
the
service
of
the
Master
in
the
prosecution
of
the
Voyage
,
he
shall
be
pursued
as
a
disobedient
Run-away
servant
,
and
proceeded
with
as
such
a
one
.
SECT.
XXIV
.
If
any
Marriner
shall
entertain
any
Person
or
Persons
on
Board
the
Ship
or
Vessel
he
sailes
in
,
without
the
Masters
leave
,
Marriners
entertaining
without
Masters
leave
or
Masters
or
Marriners
,
shall
do
it
at
unseasonable
times
,
he
or
they
shall
forfeit
twenty
shillings
,
one
half
to
the
Poor
,
the
other
half
to
the
Owners
.
SECT.
XXV
.
No
Sea-man
,
or
Sea-men
,
or
Officer
shall
commit
any
outrage
upon
the
Master
of
any
Ship
or
Vessel
,
but
those
so
offending
shall
be
severely
punished
,
Outrage
upon
the
Master
by
fine
or
other
Corporal
punishment
,
as
the
fact
shall
appear
to
be
circumstanced
to
the
Judges
that
shall
hear
it
,
and
as
they
shall
judge
meet
;
If
any
Officers
or
Marriners
shall
combine
against
the
Master
,
whereby
the
Voyage
shall
be
diverted
or
hindred
,
or
that
damage
thereby
shall
accrue
to
the
Ship
and
Goods
,
they
shall
be
punished
with
loss
of
Wages
,
or
otherwise
as
mutiniers
,
as
the
case
may
require
.
SECT.
XXVI
.
In
case
any
Ship
or
Vessel
be
in
distress
at
Sea
,
by
Tempest
or
other
accident
,
the
Marriners
shall
do
their
utmost
endeavour
to
assist
the
Master
in
saving
Ship
and
Goods
,
Ships
in
distress
not
to
be
left
and
not
desert
him
without
apparent
hazard
appear
,
that
by
their
staying
they
may
lose
their
lives
.
SECT.
XXVII
.
And
in
case
of
suffering
Shipwrack
,
the
Marriners
are
without
dispute
upon
their
getting
on
shore
,
Marriners
to
do
their
utmost
in
Shipwrack
to
save
the
Goods
to
do
their
utmost
endeavours
to
save
the
Ship
or
Vessel
,
Tackle
and
Apparel
,
as
also
the
Merchants
Goods
as
much
as
may
;
out
of
which
they
shall
have
a
meet
compensation
for
their
hazard
and
pains
;
and
any
upon
conviction
of
negligence
herein
shall
be
punished
.
Marriages
and
Married
Persons
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
;
L.
2
p.
17.
That
no
man
shall
strike
his
Wife
,
nor
any
Woman
her
Husband
,
on
penalty
of
such
fine
not
exceeding
ten
pounds
for
one
offence
,
or
such
Corporal
punishment
as
the
County
Court
shall
determine
.
2.
For
prevention
of
all
unlawful
Marriages
;
It
is
Ordered
,
That
henceforth
no
person
shall
be
joyned
in
Marriage
,
before
the
intention
of
the
parties
proceeding
therein
,
Three
times
published
hath
been
three
times
published
,
at
some
time
of
publick
Lecture
or
Town-meeting
,
in
both
the
Towns
where
the
parties
or
either
of
them
do
ordinarily
reside
,
or●●●ted
14
dayes
or
be
set
up
in
Writeing
upon
some
post
of
their
Meeting
house
door
in
publick
view
,
there
to
stand
so
as
it
may
easily
be
read
,
by
the
space
of
fourteen
dayes
.
[
1639.
]
3.
And
whereas
God
hath
committed
the
care
and
power
into
the
hands
of
Parents
for
the
disposing
their
Children
in
Marriage
,
so
that
it
is
against
Rule
to
seek
to
draw
away
the
affections
of
young
Maidens
,
under
pretence
of
purpose
of
Marriage
,
before
their
Parents
have
given
way
and
allowance
in
that
respect
;
And
whereas
it
is
a
common
practise
in
divers
places
,
for
young
men
irregularly
and
disorderly
to
watch
all
advantages
for
their
evil
purposes
,
to
insinuate
into
the
affections
of
young
Maidens
,
by
comeing
to
them
in
places
and
seas●ns
unknown
to
their
Parents
for
such
ends
,
whereby
much
evil
hath
grown
amongst
us
,
to
the
dishonour
of
God
;
and
damage
of
parties
;
For
prevention
whereof
for
time
to
come
;
It
is
further
Ordered
,
That
whatsoever
person
from
henceforth
,
shall
endeavour
directly
or
indirectly
,
No
motion
of
Marriage
to
be
made
to
any
maid
without
consent
of
Parents
to
draw
away
the
Affection
of
any
Maid
in
this
Jurisdiction
,
under
pretence
of
Marriage
,
before
he
hath
obtained
liberty
and
allowance
from
her
Parents
or
Governours
(
or
in
absence
of
such
)
of
the
nearest
Magistrate
,
he
shall
forfeit
for
the
first
offence
five
pounds
,
for
the
second
towards
the
party
ten
pounds
,
Penalty
5.11
.
and
be
bound
to
forbare
any
further
attempt
and
proceedings
in
that
unlawful
design
,
without
or
against
the
allowance
aforesaid
;
And
for
the
third
offence
upon
information
or
complaint
by
such
Parents
or
Governours
to
any
Magistrate
,
giving
Bond
to
prosecute
the
party
,
he
shall
be
committed
to
prison
,
and
upon
hearing
and
Conviction
by
the
next
Court
,
shall
be
adjudged
to
continue
in
Prison
,
until
the
Court
of
Assistants
shall
see
cause
to
release
him
[
1647.
]
4.
Whereas
divers
persons
,
both
Men
and
Women
,
living
within
this
Jurisdiction
,
whose
Wives
and
Husbands
are
in
England
,
or
else
where
,
by
means
whereof
,
they
live
under
great
temptations
here
,
and
some
of
them
committing
lewdness
and
filthiness
here
amongst
us
,
others
make
love
to
Women
and
attempt
Marriage
,
and
some
have
attained
it
,
and
some
of
them
live
under
suspition
of
uncleanness
,
and
all
to
the
great
dishonour
of
God
,
reproach
of
Religion
,
Common-wealth
and
Churches
;
It
is
therefore
Ordered
by
this
Court
and
Authority
thereof
,
for
the
prevention
of
all
such
future
evils
,
That
all
such
married
persons
as
aforesaid
,
Married
〈◊〉
to
go
to
〈…〉
pain
of
20
11.
shall
repair
to
their
said
Relations
by
the
first
oportunity
of
shipping
,
upon
the
pain
or
penalty
of
twenty
pounds
,
except
they
can
shew
just
cause
to
the
contrary
to
the
next
County
Court
,
or
Court
of
Assistants
,
after
they
are
Summoned
by
the
Constable
there
to
appear
,
who
are
hereby
required
so
to
do
,
upon
pain
of
twenty
shillings
for
every
such
default
wittingly
made
:
Co●st
.
to
present
such
to
Court
Provided
this
Order
do
not
extend
to
such
as
are
come
over
to
make
way
for
their
families
,
or
are
in
a
transient
way
,
only
for
Trassick
or
Merchandize
for
some
small
time
.
[
1647.
]
5.
As
the
Ordinance
of
Marriage
is
honourable
amongst
all
,
so
should
it
be
accordingly
solemnized
;
It
is
therefore
Ordered
by
this
Court
and
Authority
thereof
;
That
no
person
whatsoever
in
this
Jurisdiction
,
Who
may
solemnize
Marriage
shall
joyn
any
persons
together
in
Marriage
,
but
the
Magistrate
,
or
such
other
as
the
General
Court
,
or
Court
of
Assistants
shall
Authorize
in
such
place
,
where
no
Magistrate
is
near
.
Nor
shall
any
joyn
themselves
in
Marriage
,
but
before
some
Magistrate
or
person
Authorized
as
aforesaid
.
Nor
shall
any
Magistrate
or
other
person
Authorized
as
aforesaid
,
joyne
any
persons
together
in
Marriage
,
Not
before
publication
or
suffer
them
to
joyne
together
in
Marriage
in
their
presence
,
before
the
parties
to
be
Married
have
been
published
according
to
Law
.
[
1646.
]
IN
Answer
to
the
Question
;
Whether
it
be
lawful
for
a
Man
that
hath
buried
his
first
Wife
,
to
Marry
with
her
that
was
his
first
Wires
natural
Sister
?
The
Court
resolves
it
on
the
Negative
.
[
1679.
]
MARSHAL
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
;
That
every
Marshal
shall
diligently
and
faithfully
Collect
and
Leavy
all
such
fines
and
sums
of
Money
,
L.
1.
p.
38
,
57.
of
every
person
for
which
he
shall
have
Warrant
from
the
respective
Treasures
,
Mars●
al
to
leavy
all
Fines
or
other
Authority
,
which
he
shall
return
to
the
said
Treasurer
with
all
convenient
speed
,
upon
penalty
of
forfeiting
two
shillings
out
of
his
own
Estate
,
for
every
Pound
not
Collected
or
Returned
as
aforesaid
,
or
such
fine
as
any
Court
shall
impose
upon
him
for
his
neglect
.
2.
And
every
Marshal
shall
with
all
speed
and
faithfulness
Leavy
the
Goods
of
every
person
for
which
he
shall
have
Warrant
,
To
serve
all
Executions
by
virtue
of
any
Execution
granted
and
signed
by
the
Secretary
,
or
other
Clerk
Authorized
thereunto
;
and
the
said
Goods
so
Leavied
,
shall
with
all
convenient
speed
,
deliver
to
the
Party
or
Attorney
that
obtained
the
Judgement
and
Execution
,
or
be
liable
to
make
full
satisfaction
to
the
party
for
all
damage
sustained
by
his
neglect
.
To
return
Execution
to
the
Clerk
.
And
the
said
Marshal
within
two
Months
after
the
receipt
of
any
such
Execution
,
make
Return
of
the
said
Execution
,
with
what
he
hath
done
by
virtue
thereof
under
his
hand
to
the
Clerk
that
granted
the
same
,
to
be
by
him
kept
and
Recorded
;
and
if
the
Execution
be
not
fully
satisfied
,
the
said
Clerk
shall
at
the
request
of
the
party
,
grant
Execution
for
the
remainder
:
And
every
Marshal
neglecting
to
make
return
of
Executions
as
aforesaid
,
shall
forfeit
double
to
the
damage
any
person
concerned
therein
may
sustain
by
such
neglect
.
3.
Further
the
said
Marshals
shall
with
like
care
and
faithfulness
,
L.
1.
p.
58.
serve
all
Attachments
directed
to
them
,
and
return
the
same
to
the
Courts
to
which
they
are
returnable
at
the
times
of
the
returns
thereof
,
Marshal
not
to
be
Clerk
and
henceforth
no
Marshall
shall
be
Clerk
or
Recorder
of
any
Court
.
4.
And
it
is
hereby
Ordered
,
That
the
Marshals
Fees
shall
be
twelve
pence
in
the
pound
,
to
be
paid
by
the
respective
Treasurers
,
L.
2.
p.
7.
for
all
sines
leavied
by
the
said
Marshals
,
and
returned
to
the
said
Treasurers
,
and
for
serving
Attachments
within
one
mile
one
shilling
three
pence
,
Marsh
Fees
to
be
paid
by
the
party
that
imploys
them
;
and
for
serving
Executions
twelve
pence
in
the
pound
,
for
all
sums
not
exceeding
ten
pounds
,
and
for
all
sums
above
ten
pounds
and
not
exceeding
forty
pounds
,
sixpence
in
the
pound
more
,
and
for
all
sums
above
forty
pounds
,
and
not
exceeding
one
hundred
pounds
,
three
pence
in
the
pound
more
,
and
one
penny
in
the
pound
more
for
all
sums
above
one
hundred
pounds
,
out
of
the
Estate
of
the
person
the
Execution
is
served
upon
,
over
and
above
for
the
execution
.
And
in
all
cases
,
where
the
aforesaid
Fees
for
Leavying
Executions
or
Fines
,
will
not
answer
the
Marshals
travail
,
and
other
necessary
charges
,
the
Marshal
or
other
Officer
imployed
,
shall
have
power
to
demand
six
pence
per
mile
,
and
upon
refusal
,
to
Leavy
the
same
together
with
his
other
Fees
.
5.
And
it
is
Ordered
,
That
all
Marshals
and
Constables
within
this
Jurisdiction
,
shall
henceforth
from
time
to
time
,
A.
53.
p.
20
allow
and
pay
unto
the
Marshal
General
three
pence
out
of
every
fifteen
pence
they
receive
for
serving
Attachments
,
also
three
pence
out
of
every
shilling
due
to
them
,
for
Leavying
of
Fines
and
Executions
.
Marshal
General
his
Fees
And
it
is
further
Ordered
,
That
the
said
Marshal
General
,
shall
from
time
to
time
have
,
and
enjoy
to
his
own
use
and
benefit
,
the
Custome
of
two
pence
per
quart
upon
all
such
as
do
,
or
shall
Retail
strong
waters
,
and
all
such
as
shall
sell
under
one
Gallon
at
a
time
,
shall
be
accounted
Retailers
,
whether
Licensed
or
not
,
and
the
one
half
of
the
sine
of
five
pounds
of
all
such
persons
as
shall
upon
his
information
or
complaint
be
convicted
to
have
sold
strong
waters
without
License
;
as
also
the
sole
benef●t
of
the
Impost
of
all
strong
waters
brought
into
the
Country
,
which
this
Court
doth
allow
as
a
meet
Incouragement
and
Sallary
for
the
service
of
the
said
Marshal
General
.
6.
Whereas
the
Marshals
and
their
Deputies
have
often
need
of
Assistants
in
the
execution
of
their
Office
;
L.
1.
p.
10.
It
is
Ordered
that
they
and
every
of
them
,
Marshal
may
●e●●●●
is
the
Constable
may
have
and
shall
have
the
same
power
to
enjoyne
and
charge
any
person
to
aid
them
and
assist
them
therein
as
every
Constable
hath
,
and
whosoever
shall
refuse
,
or
not
yield
Obedience
thereto
,
shall
incur
the
like
penalty
that
those
do
or
should
do
,
that
Refuse
to
aid
the
Constable
in
his
Office
.
7.
And
upon
cases
of
Fines
and
Assessments
to
be
Leavied
,
L.
1.
p.
45.
and
upon
Execution
in
civil
Actions
,
the
Marshal
or
other
Officer
shall
demand
the
same
of
the
party
at
his
house
or
place
of
usual
abode
,
Officer
may
break
open
doors
o●
chests
and
upon
refusal
or
non-paiment
,
he
shall
have
power
(
calling
assistance
if
he
see
cause
)
to
break
open
the
door
of
any
House
,
Chest
,
or
place
where
he
shall
have
notice
,
that
any
Goods
liable
to
such
Leavie
or
Execution
shall
be
,
and
if
he
be
to
take
the
person
,
he
may
do
the
like
,
if
upon
demand
he
shall
refuse
to
render
himself
.
8.
Necessary
charges
to
be
leavied
And
what
ever
charges
the
Officer
shall
necessarily
be
put
unto
,
upon
any
such
occasion
,
he
shall
have
power
to
leavie
the
same
as
he
doth
the
Debt
,
Fine
or
Execution
,
and
where
the
Officer
shall
leavie
any
such
Goods
upon
Execution
,
as
cannot
be
conveyed
to
the
place
where
the
party
dwells
,
for
whom
such
Execution
shall
be
leavied
without
considerable
charge
,
he
shall
leavie
the
said
charge
also
with
the
Execution
.
The
like
Order
shall
be
observed
in
leavying
of
fines
,
Provided
,
it
shall
not
be
lawful
for
such
Officer
to
leavie
any
mans
necessary
Bedding
,
Goods
exempt
from
Execution
Apparel
,
Tools
,
or
Arms
,
neither
Implements
of
House
hold
,
which
are
for
the
necessary
upholding
of
his
life
,
but
in
such
cases
,
he
shall
leavie
his
land
or
person
according
to
Law
,
and
in
no
case
shall
the
Officer
be
put
to
seek
out
any
mans
estate
further
then
his
place
of
abode
,
but
if
the
party
will
not
discover
his
Goods
or
Lands
,
the
Officer
may
take
his
person
.
9.
Officer
doing
wrong
to
make
satisfaction
And
it
is
Ordered
,
That
if
any
Officer
shall
do
injury
to
any
by
colour
of
his
Office
,
in
these
or
any
other
cases
,
he
shall
be
liable
upon
complaint
of
the
party
wronged
,
by
Action
or
information
,
to
make
full
restitution
.
[
1647.
]
Masters
,
Servants
,
Labourers
.
Servants
not
to
give
or
truck
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
no
servant
either
Man
or
Maid
,
shall
either
give
,
sell
or
truck
any
Commodity
whatsoever
without
License
from
their
Masters
,
during
the
time
of
their
service
,
under
pain
of
fine
,
or
corporal
punishment
,
at
the
discretion
of
the
Court
as
the
offence
shall
deserve
.
2.
Work
the
whole
day
And
that
all
Workmen
,
shall
work
the
whole
day
,
allowing
convenient
time
for
food
and
rest
.
3.
It
is
also
Ordered
,
That
when
any
Servants
shall
run
from
their
Masters
,
Servants
run
away
to
be
pursued
or
any
other
Inhabitants
shall
privily
go
away
with
suspition
of
evil
intentions
,
it
shall
be
lawful
for
the
next
Magistrate
or
the
Constable
and
two
of
the
chief
Inhabitants
where
no
Magistrate
is
,
to
press
Men
and
Boats
or
Pinnaces
at
the
publick
charge
,
to
pursue
such
persons
by
Sea
and
Land
,
and
bring
them
back
by
force
of
Arms.
4.
It
is
also
Ordered
by
the
Authority
aforesaid
;
That
the
Freemen
of
every
Town
,
may
from
time
to
time
as
occasion
shall
require
,
Wages
to
be
s●●
b●
〈…〉
,
in
Towns
agree
amongst
themselves
about
the
prizes
and
rates
of
all
workmens
labour
,
and
servants
wages
.
And
every
person
inhabiting
in
any
Town
,
whether
Workmen
,
Labourer
or
Servant
,
shall
be
bound
to
the
same
Rates
,
which
the
said
Freemen
,
or
the
greater
part
shall
binde
themselves
unto
,
and
whosoever
shall
exceed
those
Rates
so
agreed
,
shall
be
punished
by
the
discretion
of
the
Court
of
that
Shire
,
according
to
the
quality
and
measure
of
the
offence
;
And
if
any
Town
shall
have
any
cause
of
complaint
against
the
Freemen
of
any
other
Town
,
for
allowing
greater
Rates
or
wages
then
themselves
,
the
County
Court
of
that
Shire
shall
from
time
to
time
,
set
order
therein
.
5.
And
for
servants
and
workmens
wages
;
It
is
Ordered
,
That
they
may
be
paid
in
Corn
,
to
be
valued
by
two
indifferent
Freemen
chosen
,
Wages
to
be
paid
in
Corn
the
one
by
the
Master
the
other
by
the
Servant
or
Workman
,
who
also
are
to
have
respect
to
the
value
of
the
work
or
service
,
and
if
they
cannot
agree
,
to
be
valued
then
a
third
man
shall
be
chosen
by
the
next
Magistrate
,
or
if
no
Magistrate
be
in
the
Town
,
then
by
the
next
Constable
,
unless
the
parties
agree
the
price
themselves
;
Provided
,
if
any
Servant
or
Workmen
agree
for
any
particular
payment
,
then
to
be
paid
in
specie
,
or
consideration
for
default
therein
;
And
for
all
other
payments
in
Corn
,
if
the
parties
cannot
agree
,
they
shall
choose
two
indifferent
men
,
and
if
they
cannot
agree
,
then
a
third
as
before
.
Servants
flying
cruelty
〈◊〉
Mast
.
may
be
harbor●●
6.
It
is
Ordered
,
and
by
this
Court
Declared
;
That
if
any
Servant
shall
flee
from
the
Tyrany
and
Cruelty
of
his
or
her
Master
,
to
the
House
of
any
Freeman
of
the
same
Town
,
they
shall
be
there
protected
and
sustained
till
due
order
be
taken
for
their
Relief
,
Provided
due
notice
thereof
be
speedily
given
to
their
Master
from
whom
they
fled
,
and
to
the
next
Magistrate
or
Constable
where
the
party
so
fled
is
Harboured
.
Servants
not
put
off
with
put
●●●wance
of
2
Mag.
7.
Also
that
no
Servant
shall
be
put
off
for
above
a
year
to
any
other
,
neither
in
the
life
time
of
their
Master
,
nor
after
their
death
by
their
Executors
or
Administrators
,
unless
it
be
by
consent
of
Authority
assembled
in
some
Court
,
or
two
Assistants
,
or
otherwise
all
,
and
every
such
Assignement
to
be
void
in
Law
.
Servants
maimed
to
be
discharged
8.
And
if
any
man
smite
out
the
Eye
or
Tooth
of
his
Man-servant
or
Maid-servant
,
or
otherwise
maim
or
much
disfigure
them
(
unless
it
be
by
meer
casualty
)
he
shall
let
them
go
free
from
his
service
,
and
shall
allow
such
further
Recompence
as
the
Court
shall
adjudge
him
.
Faithful
servants
reward
9.
And
all
servants
that
have
served
diligently
and
faithfully
,
to
the
benefit
of
their
Masters
,
Seven
years
,
shall
not
be
sent
away
empty
;
And
if
any
have
been
unfaithful
,
negligent
or
unprofitable
in
their
service
,
notwithstanding
the
good
usage
of
their
Masters
,
they
shall
not
be
dismissed
,
till
they
have
made
satisfaction
according
to
the
judgement
of
Authority
.
[
1630
,
33
,
35
,
36
,
41.
]
MALT
.
IT
is
Ordered
,
A.
52.
p.
12.
That
no
Malster
or
maker
of
Malt
,
shall
henceforth
deliver
or
pass
away
any
Malt
by
him
or
his
procurement
made
before
it
be
cleansed
from
the
dust
and
taile
,
which
ariseth
in
the
Malting
,
drying
and
ordering
it
in
his
hands
,
on
penalty
of
twelve
pence
per
Bushel
,
upon
conviction
before
any
Magistrate
or
Court
,
Malt
to
be
clean
sed
from
dust
the
one
half
to
the
Informer
,
the
other
half
to
the
Country
.
This
Court
taking
into
serious
consideration
the
great
necessity
of
upholding
the
staple
Commodities
of
this
Country
,
A.
55.
for
the
supply
and
support
of
the
Inhabitants
thereof
,
and
finding
by
experience
the
bringing
in
of
Malt
,
Wheat
,
Barly
,
Bisket
,
Beef
,
Meal
and
Flower
,
(
which
are
the
principal
Commodities
of
this
Country
)
from
forreign
parts
,
to
be
exceeding
prejudicial
to
the
subsistance
of
this
place
and
people
here
;
No
Malt
,
Wheat
,
Bisket
,
Beef
to
be
brought
on
penalty
of
confiscation
Have
therefore
Ordered
;
That
no
person
whatsoever
,
either
Inhabitant
or
Stranger
,
shall
directly
or
indirectly
after
the
first
of
March
next
,
import
into
this
Jurisdiction
from
any
part
of
Europe
,
any
of
the
aforesaid
Provisions
,
under
the
penalty
of
Confiscation
of
the
same
(
except
it
be
for
the
Ships
provisions
)
that
shall
be
so
imported
,
landed
,
set
to
saile
or
otherwise
disposed
,
contrary
to
the
intent
of
this
Order
.
Marshal
or
Constable
to
seize
it
.
And
it
is
further
Ordered
and
Enacted
,
That
all
Marshals
and
Constables
where
no
Marshal
is
in
the
several
Towns
in
this
Jurisdiction
,
are
hereby
required
and
impowred
to
make
diligent
search
,
within
their
respective
Towns
and
Harbours
where
any
such
Provisions
are
Landed
,
Sold
or
otherwise
disposed
of
,
The
fourth
part
for
their
pains
and
to
make
seizure
of
the
same
for
the
use
of
the
Country
,
for
which
each
and
every
Marshal
and
Constable
shall
have
allowed
them
,
one
fourth
part
of
what
shall
be
so
seized
,
for
their
care
and
pains
herein
.
And
all
former
Laws
concerning
Impost
upon
any
of
the
Provisions
aforesaid
,
are
hereby
Repealed
.
[
1652
,
55.
]
IT
is
Ordered
,
Repealed
That
the
Law
prohibiting
bringing
in
of
Malt
from
forreign
parts
is
Repealed
,
so
far
as
it
respecteth
the
Importation
of
Malt.
Mills
,
Millers
.
Millers
Toll
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
no
Miller
shall
take
above
one
sixteenth
part
of
the
Corn
he
grindes
;
and
that
evey
Miller
shall
have
alwayes
ready
in
his
Mill
,
To
have
weights
Weights
and
Scales
,
provided
at
his
own
charge
,
to
weigh
Corn
to
and
from
Mill
if
men
desire
it
.
[
1635.
38.
]
MILITARY
.
FOrasmuch
as
the
well
ordering
of
the
Militia
is
a
matter
of
great
concernment
to
the
safety
and
welfare
of
this
Common-wealth
;
Militia
con●●●ded
by
Majors
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
the
Military
forces
of
Suffolk
,
Middlesex
and
Essex
,
shall
be
under
the
command
of
the
Serjeant
Majors
Cho●en
in
each
County
;
and
that
the
Militia
of
Norfolk
shall
be
commanded
by
the
Major
of
the
Regiment
of
T●ssex
,
L.
2.
p.
12.
Provided
the
said
Militia
be
not
drawn
out
of
the
said
County
to
any
Regimental
exercise
:
And
if
any
of
the
said
Majors
be
removed
or
discharged
their
places
,
the
Major
General
for
the
time
being
,
shall
within
one
Moneth
at
furthest
after
such
change
,
send
forth
his
Warrant
to
each
Town
in
the
Shire
,
to
make
choice
of
a
Major
in
manner
following
,
A.
56.
p.
12.
viz.
The
Freemen
,
Householders
,
and
such
Souldiers
as
have
taken
the
Oath
of
Fidelity
,
before
the
fifteenth
of
May
,
[
1656.
]
and
no
other
,
being
met
together
in
their
Respective
Towns
(
by
virtue
of
such
Warrant
from
the
Major
General
,
or
from
the
General
Court
)
shall
give
in
their
Votes
for
such
a
person
as
they
judge
fit
for
the
Office
of
Serjeant
Major
of
that
Regiment
,
Majors
how
and
by
whom
chosen
which
Votes
shall
be
sealed
up
by
the
chief
Military
Officer
of
the
place
,
or
by
the
Constable
(
as
the
Warrant
shall
direct
,
)
and
sent
by
some
Freeman
,
chosen
by
the
Town
,
to
carry
them
to
the
Shire
Town
of
that
County
,
at
such
time
as
the
Warrant
shall
direct
,
where
the
said
Votes
shall
be
opened
and
numbred
in
the
presence
of
one
or
two
of
the
nearest
Magistrates
and
the
said
Freemen
,
and
he
that
shall
have
the
greater
number
of
Votes
being
a
Freeman
,
shall
be
presented
by
one
of
the
said
Magistrates
unto
the
Major
General
,
within
one
Week
after
such
Election
,
who
shall
by
giving
the
Oath
accustomed
,
and
delivering
him
a
Commission
,
Instal
and
Confirm
such
Serjeant
Major
in
his
place
.
2.
And
every
Serjeant
Major
is
hereby
Ordered
and
Required
,
Regimental
●pec●ines
once
in
three
years
once
in
three
years
to
draw
his
Regiment
,
both
Horse
and
Foot
,
in
one
convenient
place
in
the
County
,
and
to
Instruct
and
Exercise
the
Officers
and
Souldiers
in
Military
Discipline
,
according
to
his
best
skill
and
ability
;
for
which
service
he
shall
have
twenty
pounds
allowed
him
out
of
the
Treasury
of
the
Country
for
his
pains
and
charges
,
for
every
such
Meeting
:
Also
every
Serjeant
Major
,
may
as
often
as
he
shall
see
cause
send
his
Warrants
to
require
the
chief
Officer
of
each
Company
in
his
Regiment
,
to
meet
at
such
time
and
place
as
he
shall
appoint
,
Meeting
of
the
Officers
of
the
W●g●●ent
and
there
with
them
to
confer
,
and
give
in
command
such
Orders
as
shall
by
them
be
judged
meet
for
the
better
Ordering
and
Setling
the
particular
Companies
in
Military
Exercises
;
and
to
impose
fines
and
penalties
upon
such
Delinquents
as
have
not
given
satisfaction
to
their
Captain
or
chief
Officer
,
for
all
defects
either
in
their
Arms
,
Amunition
,
Appearances
,
Watches
,
Offences
,
&c.
And
the
Serjeant
Major
shall
with
the
consent
of
the
said
Officers
,
give
Order
to
the
Clerks
of
the
several
Companies
,
to
take
distress
for
the
same
within
one
Moneth
after
such
Order
.
3.
And
for
the
settling
particular
Military
Officers
in
every
town
of
this
jurisdiction
;
It
is
Ordered
,
that
every
Freeman
,
House-holder
and
listed
Souldier
,
having
taken
the
Oath
of
Fidelity
as
above
aid
,
Nomination
of
Officers
of
companies
(
and
no
other
)
shall
have
liberty
to
give
his
Vote
for
the
Nomination
of
Military
Officers
of
that
Town
or
Company
where
he
dwells
;
To
be
allowed
by
the
County
Courts
Provided
they
be
Freemen
,
and
all
persons
so
Nominated
shall
be
presented
to
the
Court
of
that
County
,
to
be
allowed
and
confirmed
in
their
respective
Offices
,
unless
the
said
Court
shall
see
cause
to
the
contrary
;
and
no
person
shall
be
acknowledged
or
accepted
as
an
Officer
of
any
Company
without
the
allowance
and
approbation
of
the
County
Court
first
had
and
obtained
.
4.
And
in
every
Town
where
there
is
sixty
four
Souldiers
(
liable
to
attend
constant
Training
)
besides
the
Officers
,
A.
53.
p.
13.
such
number
of
Souldiers
shall
be
accounted
a
Foot
Company
,
64
Soldiers
to
be
a
Company
and
have
liberty
of
Nomination
of
all
the
Officers
of
a
Foot
Company
,
and
shall
have
two
Drums
.
And
in
smaller
Towns
,
where
there
shall
be
a
less
number
then
sixty
four
as
aforesaid
,
they
shall
have
liberty
of
Nomination
of
Serjeants
,
and
other
inferiour
Officers
only
,
to
teach
and
instruct
them
in
the
exercise
of
Arms.
And
the
Major
of
the
Regiment
shall
have
power
to
Order
and
Regulate
the
smaller
Towns
,
and
to
joyn
them
into
one
compleat
Company
,
(
as
occasion
may
require
)
which
shall
have
liberty
of
choice
of
all
Officers
as
aforesaid
.
And
every
Captain
,
Lieutenant
and
Ens●gn
,
shall
have
Commission
from
the
General
Court
,
Capt.
Lieu.
Ensi
.
to
have
commis
.
for
the
holding
of
their
places
,
and
exercise
of
their
duties
.
5.
The
said
Military
Officers
of
every
Company
,
shall
take
care
that
their
Souldiers
be
well
and
compleatly
Armed
,
and
shall
appoint
what
Arms
every
Souldier
shall
serve
with
;
Capt.
to
appoint
the
Sould.
Arms
Provided
two
thirds
of
each
Company
be
Musquetiers
,
and
those
which
serve
with
Pikes
,
have
Corslets
and
Head-peices
:
To
exercise
6
dayes
yearly
And
they
shall
exercise
their
Souldiers
Six
dayes
every
year
,
when
the
Captain
or
chief
Officer
shall
appoint
,
by
giving
publick
warning
thereof
,
three
or
four
dayes
before
the
day
of
Exercise
;
Provided
,
that
so
many
dayes
as
shall
be
expended
by
Order
of
the
Major
of
the
Regiment
,
in
the
Exercise
of
the
Regiment
,
and
in
marching
to
and
from
the
place
of
Exercise
,
shall
be
accounted
as
part
of
their
six
dayes
.
6.
Also
the
three
chief
Officers
of
each
Company
,
shall
have
power
to
punish
such
Souldiers
,
as
shall
commit
any
disorder
or
contempt
upon
any
day
or
time
of
Military
Exercise
,
3
chief
Offic.
to
punish
disorders
of
Souldiers
or
upon
any
Watch
or
Ward
,
by
Stocks
,
Bilboes
,
or
any
other
usual
Military
punishment
,
or
by
fine
,
not
exceeding
twenty
shillings
,
or
may
commit
such
Offender
to
the
Constable
,
to
be
carried
before
some
Magistrate
,
who
may
binde
him
over
to
the
next
Court
of
that
Shire
,
if
the
cause
so
require
,
or
commit
him
to
Prison
7.
Every
Foot
Souldier
shall
be
compleatly
Armed
and
Furnished
,
the
Pike-man
with
a
good
Pike
well
headed
,
Corslet
,
Head-peice
,
Sword
and
Snapsack
;
Souldiers
how
to
be
armed
the
Musquetiers
with
a
good
fixed
Musquet
,
not
under
Bastard
Musquet
Bore
,
nor
under
three
foot
nine
inches
in
length
,
nor
above
four
foot
three
inches
long
,
with
a
Priming
wire
,
Worm
,
Scourer
,
and
Mould
,
sitted
to
the
Bore
of
his
Musquet
,
also
with
a
good
Sword
,
Rest
,
Bandeliers
,
one
pound
of
Powder
,
twenty
Bullets
,
Souldiers
have
to
be
Armed
and
two
fathom
of
Match
,
upon
the
penalty
of
ten
shillings
for
every
defect
;
And
all
other
Inhabitants
of
this
Jurisdiction
,
on
penal
.
of
10.3
except
Magistrates
and
Elders
of
Churches
,
the
President
,
Fellows
and
Students
of
Harvard
Colledge
,
shall
alwayes
be
provided
of
Arms
,
and
furnished
as
aforesaid
,
and
other
inhabitants
under
the
penalty
aforesaid
.
8.
And
if
any
person
cannot
procure
Arms
or
Amunition
,
with
such
means
as
he
hath
,
Wanting
Arms
,
to
carry
●ay
to
Clerk
to
pr●v●de
if
he
shall
bring
to
the
Clerk
so
much
Corn
as
by
apprizement
of
the
said
Clerk
and
two
other
indifferent
men
(
whereof
one
to
be
chosen
by
the
party
)
shall
be
adjudged
of
greater
value
by
a
fifth
part
then
such
Arms
or
Amunition
is
of
,
he
shall
be
excused
of
the
penalty
for
want
of
Arms
until
he
be
provided
;
And
the
Clerk
shall
endeavour
to
furnish
him
so
soon
as
may
be
by
sale
of
such
Goods
so
disposited
,
rending
the
party
the
overplus
.
Poor
how
to
be
furnished
with
Arms
But
if
any
person
shall
not
be
able
to
provide
himself
Arms
and
Amunition
,
through
meer
poverty
,
if
he
be
single
,
he
shall
be
put
to
service
by
some
Magistrate
,
or
the
Constable
shall
provide
him
Arms
and
Amunition
,
and
shall
appoint
him
when
and
with
whom
to
earn
it
out
.
9.
Every
person
above
the
age
of
sixteen
years
,
shall
duely
attend
all
Military
Exercise
and
Service
,
as
Training
,
Watching
,
Warding
,
A.
52.
p.
13.
under
the
penalty
of
five
shillings
for
every
fault
,
except
Magistrates
,
Deputies
and
Officers
of
Court
,
Elders
and
Deacons
,
the
President
,
Fellows
,
Persons
exempt
from
T'taining
Students
and
Officers
of
Harvard
Colledge
,
and
professed
School-masters
,
Physitians
and
Chyrurgeons
allowed
by
two
Magistrates
,
Treasurers
,
Surveyor
General
,
Publick
Notary
,
Masters
of
Ships
and
other
Vessels
above
twenty
Tuns
,
Fishermen
constantly
imployed
at
all
fishing
seasons
,
constant
Herdsmen
and
such
other
as
for
bodily
infirmity
or
other
just
cause
,
shall
by
any
County
Court
,
A.
56.
p.
12.
or
Court
of
Assistants
(
after
notice
of
the
parties
desire
to
the
chief
Officer
of
the
Company
to
which
he
belongs
)
be
discharged
;
also
one
servant
of
every
Magistrate
and
Teaching
Elder
,
and
the
Sons
and
Servants
of
the
Major
General
for
the
time
being
,
also
such
as
dwell
at
remote
Farms
,
or
have
a
Ferry
to
pass
,
shall
be
exempt
from
Watching
in
the
Town
,
but
shall
Watch
and
Ward
as
their
chief
Officer
shall
direct
otherwise
;
and
all
Farms
distant
above
four
miles
from
the
place
of
exercising
the
Company
,
or
have
a
Ferry
to
pass
over
,
A.
53.
that
have
above
twenty
Acres
of
Land
in
Tillage
,
and
twenty
Head
of
great
Cattle
upon
such
Farm
,
shall
upon
reasonable
allowance
to
the
Company
;
have
one
man
exempted
from
ordinary
Trainings
.
Clerk
of
the
Band
10.
And
it
is
Ordered
,
That
in
every
Town
or
Company
there
shall
be
chosen
(
as
other
Military
Officers
are
chosen
)
a
discreet
able
man
to
be
Clerk
of
the
Band
,
and
if
any
shall
refuse
to
accept
the
place
,
or
to
take
his
Oath
,
he
shall
pay
to
the
use
of
the
Company
forty
shillings
and
the
Company
shall
chuse
another
,
and
all
that
refuse
the
place
or
Oath
as
aforesaid
,
To
call
Roll
&
a●●e●d
on
training
dayes
shall
pay
forty
shillings
a
piece
,
till
one
doth
accept
the
place
,
and
he
that
doth
hold
the
place
,
shall
have
a
fourth
part
of
the
fines
for
his
labour
.
And
the
Clerk
shall
upon
every
Training
day
twice
,
once
in
the
forenoon
,
as
also
in
the
afternoon
,
at
such
time
as
the
Captain
or
chief
Officer
then
in
the
field
shall
appoint
,
call
or
cause
to
be
called
over
,
the
Lists
of
the
names
of
all
the
Souldiers
,
and
shall
give
attendance
in
the
Field
all
the
day
(
except
he
have
leave
from
his
Captain
or
chief
Officer
)
to
take
notice
of
any
defect
by
absence
of
Souldiers
or
other
offences
that
may
fall
out
in
time
of
Exercise
.
And
the
said
Clerk
shall
twice
every
year
view
all
Arms
and
Amunition
of
the
Company
,
To
view
the
Arms
and
take
notice
that
every
Souldier
be
furnished
according
to
this
Law
;
to
which
end
,
by
direction
of
the
chief
Officer
,
he
shall
give
notice
to
the
Souldiers
,
that
upon
such
a
Training
day
appointed
,
they
are
required
to
bring
(
in
the
forenoon
)
all
their
Arms
and
Amunition
into
the
field
,
where
they
shall
be
approved
or
disallowed
by
the
judgement
of
the
said
chief
Officer
then
in
the
field
;
And
further
the
said
Clerk
shall
once
in
the
year
at
least
,
Survey
the
Arms
of
all
other
Inhabitants
,
and
see
that
all
(
except
as
before
excepted
)
be
provided
in
their
Houses
with
Arms
and
Amunition
,
and
upon
every
occasion
,
he
is
required
to
use
all
diligence
to
view
every
mans
Arms
,
whether
they
be
compleatly
furnished
with
all
Arms
and
Amunition
as
the
Law
requireth
.
Give
notice
to
the
Captain
of
all
defects
And
the
said
Clerk
shall
within
one
week
after
any
default
made
,
or
defect
observed
,
present
a
List
of
the
Names
of
all
that
are
Delinquent
,
and
of
their
defects
to
the
Captain
or
chief
Officer
of
the
Company
:
and
shall
without
partiality
demand
and
receive
all
fines
due
for
such
defects
,
to
distrein
within
ten
dayes
according
to
this
Law
;
which
if
any
shall
refuse
to
pay
,
he
shall
make
distress
upon
the
Goods
of
such
persons
,
as
shall
not
within
ten
dayes
after
their
default
be
discharged
,
or
have
their
fines
mitigated
by
the
Captain
or
chief
Officer
of
the
Company
,
unless
the
said
chief
Officer
shall
see
cause
to
refer
the
Judgement
and
Determination
of
such
default
to
the
Major
and
chief
Officer
of
the
Regiment
at
their
meeting
.
To
dispose
of
sines
for
the
use
of
the
Company
And
the
Clerk
shall
with
the
advice
of
the
chief
Officers
of
the
Company
,
speedily
lay
out
all
fines
received
or
leavied
,
in
Ensigne
,
Drums
,
Halberts
,
Candle
and
Wood
for
the
Watch
,
or
provide
Powder
and
Arms
for
the
poorer
sort
,
or
otherwise
as
in
their
discretion
they
shall
judge
meet
,
for
the
use
of
the
Company
.
11.
And
for
the
better
ordering
the
Militia
in
the
several
Towns
,
in
cases
of
any
suddain
exigent
;
It
is
Ordered
,
A.
52.
p.
14.
&
53.
That
there
be
a
Committy
of
Militia
in
every
Town
,
and
that
the
Committy
of
Militia
in
Boston
,
shall
consist
of
the
Magistrates
living
in
the
Town
,
the
chief
Officer
of
the
Horse
,
if
living
in
Town
,
Committy
of
Militia
in
the
several
Towns
and
the
chief
Officer
of
each
company
of
Foot
,
or
the
greatest
part
of
them
,
and
in
suddain
exigents
,
any
three
of
them
may
act
when
due
means
being
used
a
greater
number
cannot
be
assembled
;
which
Committy
shall
have
a
Commission
,
who
shall
also
have
power
to
appoint
a
Military
Watch
,
when
they
shall
see
cause
,
for
the
safety
of
the
Town
and
Country
;
And
Charlstown
,
Salem
and
Ipswich
shall
have
the
like
Committy
of
Militia
,
who
shall
have
like
power
by
Commission
:
and
for
all
other
Towns
where
there
is
one
or
more
Magistrates
,
the
said
Magistrate
or
Magistrates
,
Their
power
with
the
three
cheif
Military
Officers
;
and
where
no
Magistrate
dwels
,
the
Deputy
or
Deputies
of
the
General
Court
,
with
the
three
chief
Officers
of
such
Town
,
or
any
three
of
them
,
shall
be
the
Committy
of
Militia
for
such
Town
,
and
have
power
in
all
suddain
exigents
,
to
order
and
dispose
the
Militia
of
their
Town
,
for
their
own
safety
and
defence
,
till
further
Order
be
taken
,
and
upon
Alarm
,
or
any
Invasion
,
to
strengthen
their
quarters
,
and
to
hinder
any
approaching
or
assailing
them
in
a
way
of
Hostility
,
by
bearing
Arms
in
Companies
,
or
refusing
upon
such
approaches
to
come
under
command
,
or
give
an
account
what
they
are
,
and
wherefore
they
are
in
such
posture
.
In
case
o●
Alarm
And
every
such
Committy
,
where
any
such
Alarm
shall
be
given
or
received
,
or
shall
be
assaulted
as
aforesaid
,
is
required
with
all
possible
speed
to
give
intelligence
to
the
next
Magistrate
,
and
the
Major
of
the
Regiment
where
such
Alarm
is
taken
,
or
assault
made
of
the
reason
thereof
,
and
state
of
the
place
so
assailed
.
To
give
notice
to
the
Major
And
the
said
Major
is
hereby
required
to
send
forth
to
procure
intelligence
of
the
estate
of
any
place
so
Alarm'd
or
Assaulted
,
and
to
Order
Assistance
to
them
from
any
other
company
or
companies
of
his
Regiment
,
as
the
case
shall
require
,
Major
to
Order
Assistance
and
shall
give
constant
intelligence
to
the
Governour
or
Council
of
the
Country
,
and
Major
General
of
the
state
of
such
affairs
with
all
convenient
speed
.
To
give
intelligence
to
the
Councel
and
Major
General
But
no
Major
of
any
Regiment
shall
march
with
his
Regiment
out
of
the
County
wherein
he
hath
command
,
nor
cause
any
part
thereof
so
to
do
without
Order
from
the
General
Court
,
Council
of
the
Common
wealth
,
or
Major
General
,
except
it
be
in
pursuit
of
the
Enemy
upon
a
Rout.
Major
not
to
lead
his
Regiment
out
of
the
County
And
in
case
of
Death
or
absence
of
the
Major
,
upon
any
such
occasion
of
service
,
the
eldest
Captain
of
the
Regiment
shall
supply
his
place
till
further
Order
be
taken
;
and
the
seniority
of
all
Captains
and
chief
Officers
of
every
Company
in
the
several
Regiments
,
shall
be
accounted
according
to
the
seniority
of
the
Towns
or
Companies
they
command
,
Seniority
of
Captains
except
the
Commanders
of
the
four
Companies
of
Boston
,
being
of
equal
standing
,
A.
53.
A.
56
p.
12.
the
seniority
of
the
Captains
shall
be
according
to
the
priority
of
their
Commissions
.
Committy
to
press
Soldiers
It
is
further
Ordered
,
That
henceforth
all
Warrants
for
impressing
and
raising
of
Souldiers
,
for
any
expedition
,
shall
be
directed
to
the
Committy
of
Militia
of
the
several
Towns
,
A.
54.
p.
3.
who
may
execute
the
same
by
the
Constable
,
and
the
said
Committy
are
hereby
impowred
and
required
to
suppress
all
raising
of
Souldiers
,
but
such
as
shall
be
by
the
Authority
of
this
Government
.
And
in
all
Towns
where
there
are
great
Artillery
,
A.
55.
Forts
or
Batteries
,
the
Committy
of
Militia
,
and
Select
men
of
the
Town
,
shall
mount
such
Guns
,
and
fit
them
with
appurtenances
for
service
,
To
take
care
of
great
Guns
and
repair
such
Forts
or
Batteries
as
they
shall
see
necessary
for
the
security
of
the
Town
,
the
charge
whereof
the
Select
men
are
hereby
impowred
and
required
to
leavie
on
the
Estate
of
the
Inhabitants
,
and
repair
Forts
according
to
the
proportion
of
the
Country
Rate
,
to
be
collected
by
the
Constables
of
the
said
Town
,
for
the
use
aforesaid
.
WHereas
in
the
Law
tit.
Military
,
Sect.
11.
the
three
chief
Military
Officers
in
each
Town
except
Boston
,
together
with
the
Magistrates
or
Deputies
thereof
,
are
appointed
a
Committy
of
Militia
for
such
Towns
without
mentioning
the
Officers
of
the
Horse
,
to
be
of
that
Committy
;
This
Court
doth
Declare
,
That
the
Commission
Officers
of
the
Horse
in
the
Town
where
they
dwell
,
shall
be
added
thereto
,
Committy
of
Militia
and
hereby
are
appointed
and
impowered
to
be
of
the
Committy
of
Militia
for
such
Towns
where
they
dwell
;
Any
Law
or
Custome
to
the
contrary
notwithstanding
.
[
1664.
]
Military
Watches
how
set
12.
It
is
Ordered
,
That
the
Military
Watches
shall
be
set
by
beat
of
Drum
half
an
hour
after
Sun
set
,
by
the
Military
Officers
in
such
places
as
they
shall
judge
most
convenient
,
and
shall
be
Ordered
and
Disposed
by
their
command
and
direction
;
And
if
any
man
shall
shoot
off
a
Gun
after
the
Watch
is
set
(
except
in
case
of
Alarm
)
he
shall
forfeit
fortȳ
shillings
.
The
said
Watch
or
Sentinels
being
set
,
shall
examine
all
persons
that
shall
come
within
their
Watch
or
Round
,
Instruction
and
duty
of
Sentinels
and
all
they
suspect
they
shall
carry
to
their
Guard
,
there
to
be
kept
till
morning
,
and
before
they
be
dismissed
,
they
shall
carry
them
to
their
chief
Officer
to
be
examined
and
proceeded
with
according
to
law
;
And
if
the
Sentinel
or
Watch
shall
meet
with
such
persons
as
shall
be
too
strong
for
them
,
or
by
their
carriage
shall
give
just
cause
of
suspition
,
or
will
not
submit
to
their
command
,
or
if
they
shall
either
draw
upon
them
,
or
offer
any
such
affront
in
Words
or
Actions
,
as
shall
put
them
in
fear
or
hazzard
of
their
lives
,
they
shall
discharge
upon
them
,
and
retire
with
speed
to
the
Guard
and
raise
an
Alarm
;
Provided
alwayes
that
in
time
of
peace
,
when
the
Council
of
War
,
or
the
chief
Officers
of
the
Company
shall
not
apprehend
present
danger
by
the
nearness
of
an
Enemy
,
it
shall
not
be
in
the
liberty
of
any
Sentinel
to
hazzard
the
killing
of
any
person
,
except
in
his
own
necessary
defence
;
but
if
the
cause
require
it
,
he
shall
retire
to
the
Guard
and
raise
an
Alarm
by
discharging
his
Musquet
and
crying
Arm
,
Arm
,
which
shall
be
taken
for
an
Alarm
by
the
Souldiers
of
that
Town
;
What
shall
be
taken
for
an
Alarm
.
and
if
there
appear
danger
to
the
chief
Officer
,
he
shall
either
strengthen
his
Guard
,
or
give
a
general
Alarm
,
which
shall
be
either
the
distinct
discharge
of
three
Musquets
,
or
the
continued
beat
of
the
Drum
,
or
firing
a
Beacon
,
or
the
discharge
of
a
piece
of
Ordnance
and
two
Musquets
after
it
,
Not
answering
the
Alarm
penalty
5
li.
any
of
which
in
the
night
shall
be
accounted
a
general
Alarm
,
which
every
Souldier
is
immediately
to
answer
,
by
repairing
Armed
to
his
Colours
or
Court
of
Guard
,
upon
the
penalty
of
five
pounds
.
Smiths
to
repair
Arms
13.
And
upon
any
expedition
,
upon
occasion
of
any
Enemy
,
or
any
present
Military
Service
to
be
done
,
all
Smiths
and
other
needful
workmen
,
shall
immediately
repair
such
Arms
and
other
Necessaries
as
shall
be
brought
unto
them
for
that
end
,
for
which
,
they
shall
not
refuse
such
pay
as
the
Country
affords
,
Penalty
upon
the
penalty
of
five
pounds
for
every
such
default
,
and
for
such
neglect
at
any
other
time
more
then
ten
dayes
,
shall
forfeit
for
every
such
offence
ten
shillings
.
14.
The
Surveyor
General
shall
yearly
give
an
account
of
the
common
stock
of
Powder
and
Amunition
to
the
Council
,
A.
56.
p.
12.
that
the
General
Court
being
by
them
informed
,
may
out
of
the
publick
Treasury
make
a
constant
supply
according
to
the
need
of
the
Country
.
15.
Every
Town
shall
be
provided
of
a
sufficient
Watch
house
,
under
the
penalty
of
five
pounds
,
L.
2.
p.
1.
and
shall
also
provide
at
their
own
charges
a
safe
and
convenient
place
to
keep
all
such
Powder
and
Amunition
in
,
as
the
chief
Military
Officer
by
Order
of
the
General
Court
shall
appoint
,
under
the
penalty
of
ten
pounds
.
Towns
to
provide
watch
●ous
●nd
stock
of
Powder
&
amunition
And
the
Select
men
of
every
Town
,
shall
provide
for
every
fifty
Souldiers
,
one
Barrel
of
good
Powder
containing
near
one
hundred
pounds
,
one
hundred
and
fifty
pounds
of
Musquet
Bullets
,
and
eight
and
twenty
pounds
of
good
Match
,
and
after
that
proportion
for
every
Company
of
Souldiers
,
in
number
more
or
less
;
which
they
shall
carefully
reniew
from
time
to
time
as
shall
be
needful
,
under
the
penalty
of
fire
pounds
for
the
want
of
every
Barrel
of
Powder
,
one
hundred
and
fifty
pounds
of
Bullets
and
eight
and
twenty
pounds
of
Match
as
before
mentioned
,
and
the
Select
men
of
every
Town
as
aforesaid
,
are
hereby
Authorized
to
assess
their
Inhabitants
for
making
the
provisions
aforesaid
,
which
shall
remain
as
a
Town-stook
,
besides
all
other
Provisions
of
that
kinde
.
[
1649.
]
16.
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
no
Troop
of
Horse
within
this
Jurisdiction
,
A.
56.
p.
12.
shall
exceed
the
number
of
seaventy
Listed
Souldiers
besides
Officers
;
Troop
not
exceed
70
to
be
under
Majors
command
.
and
that
the
Troops
raised
in
the
several
Counties
be
under
the
Command
of
the
Majors
of
the
Regiment
in
the
respective
Counties
,
and
all
priviledges
formerly
granted
to
incourage
.
Troopers
shall
be
continued
,
except
free
Ferrage
,
and
free
Commonage
in
divided
and
appropriate
Commons
:
A.
54
p.
1.
A.
56.
p.
12.
And
every
Troop
consisting
of
forty
,
shall
have
liberty
of
Nomination
of
all
Officers
to
be
allowed
and
confirmed
by
the
County
Courts
as
the
Foot
Officers
,
and
the
three
chief
Officers
to
have
Commissions
.
Troopers
how
to
befurnished
And
every
Trooper
shall
keep
alwayes
a
good
Horse
,
and
be
well
fitted
with
Saddle
,
Bridle
,
Holsters
,
Pistols
or
Carbines
and
Swords
,
under
the
penalty
of
ten
shillings
for
every
defect
,
and
having
Listed
his
Horse
,
shall
not
change
or
put
him
off
without
License
from
his
Captain
or
chief
Officer
under
the
like
penalty
.
To
exercise
six
dayes
yearly
And
every
Trooper
shall
attend
six
dayes
exercise
yearly
,
at
such
time
and
place
as
shall
be
appointed
by
the
chief
Officer
,
under
the
penalty
of
five
shillings
for
every
default
,
to
be
leavied
and
distreined
by
the
Clerk
of
the
Troop
,
who
is
hereby
required
to
execute
the
place
as
the
Clerks
of
the
Foot
Companies
mutatis
mutandis
.
And
because
the
Troopers
living
remote
do
often
avoid
their
penalties
,
or
occasion
much
travail
and
charge
to
the
Clerk
to
collect
the
same
;
Clerk
his
fet●
It
is
Ordered
that
the
Clerks
of
the
Troops
for
their
charge
and
travail
in
leavying
all
fines
,
shall
be
allowed
the
Fees
of
the
Marshal
,
to
be
by
him
leavied
and
distreined
together
with
the
fines
;
Provided
no
such
distress
be
made
within
one
Month
after
the
default
,
that
the
parties
may
have
liberty
to
present
their
excuses
to
the
Officers
,
who
have
power
upon
just
cause
to
abate
or
remit
the
fines
,
as
the
Officers
of
the
Foot
have
in
like
cases
.
And
in
case
of
Alarm
,
every
Troop
shall
fit
himself
in
all
respects
for
service
,
and
shall
speedily
repair
to
the
Guard
in
the
Town
where
he
dwells
,
A.
53.
under
the
penalty
of
five
pounds
,
How
Troops
are
disposed
in
case
of
Alarm
and
shall
duely
attend
such
service
as
the
Committee
of
Militia
of
that
Town
shall
require
,
until
he
shall
otherwise
be
commanded
by
Order
from
his
Captain
or
other
Superiour
Officer
:
And
no
Officer
of
any
Foot
Company
shall
be
a
listed
Trooper
.
No
Troop
to
be
drawn
out
of
the
County
And
no
Troop
shall
be
drawn
out
of
the
County
upon
any
pretence
by
the
Captain
and
Officers
thereof
(
except
in
pursuit
of
an
Enemy
upon
a
Rout
)
but
by
Order
of
the
Major
General
.
And
the
Captains
of
Horse
and
of
Foot
respectively
,
the
Majors
of
the
Regiments
,
and
the
Major
General
are
required
in
their
respective
charges
,
to
take
care
the
Military
Orders
respecting
Foot
and
Horses
be
duely
executed
and
observed
.
[
1645
,
47
,
48
,
52
,
53
,
54
,
55
,
56.
]
Troopers
pe●●lty
Also
it
is
Ordered
;
That
no
Trooper
put
off
or
change
his
Horse
without
leave
from
his
Commander
,
under
the
penalty
of
five
pounds
,
and
that
for
non-appearance
on
dayes
of
exercise
,
the
fine
shall
be
ten
shillings
,
and
that
no
Trooper
being
Listed
may
at
his
pleasure
disband
himself
without
leave
orderly
obtained
from
his
Commander
,
and
returned
by
certificate
to
the
Commander
of
the
Foot
in
the
Town
to
which
they
belong
,
under
the
penalty
of
such
a
fine
as
his
chief
Officer
shall
impose
,
not
exceeding
fifty
shillings
,
FOr
a
were
full
and
clear
understanding
of
the
intent
of
this
Court
in
reference
to
Commissions
greated
to
Muttary
Officers
;
It
is
Ordered
and
hereby
Declated
,
That
all
Commissions
of
inferiour
Officers
be
and
do
stand
good
and
in
force
,
Officers
Commission●
notwithstanding
the
death
or
removal
of
their
Superiour
Officers
.
It
is
also
further
Ordered
,
That
all
trained
Souldiers
,
whether
Horse
or
Foot
,
shall
repair
to
their
several
Quarters
and
lodge
their
Arms
,
immediately
after
their
dismiss●on
upon
Training
dayes
:
And
whosoever
shall
either
singly
or
in
companies
remain
in
Arms
,
and
vainly
spend
their
time
and
Powder
by
inordinate
shooting
in
the
day
or
night
after
their
Release
;
such
Souldiers
upon
conviction
shall
be
punished
by
their
Superiour
Officers
order
,
●●s●rder
in
&
al●●●●
to
be
p●●●●ed
by
the
Officers
upon
the
next
Training
day
at
the
head
of
the
Company
,
by
sharp
Admonition
,
or
otherwise
,
with
any
usual
Military
punishment
at
the
discretion
of
the
chief
Officer
:
Provided
the
Magistrate
have
not
taken
notice
of
the
matter
before
.
It
is
also
further
Ordered
;
That
all
Souldiers
,
whether
Horse
or
Foot
,
who
shall
disobey
the
lawful
commands
of
their
Superiour
Officers
upon
any
Training
day
,
either
in
time
of
exercise
in
the
Body
,
or
otherwise
refusing
to
perform
any
service
which
their
Officers
in
their
discretion
shall
judge
expedient
in
order
to
the
furtherance
and
promoting
Military
work
;
such
refractory
Souldiers
shall
be
punished
either
by
Admonition
or
otherwise
,
at
the
head
of
the
Company
with
any
usual
Military
punishments
,
at
the
discretion
of
the
chief
Officers
.
It
is
also
further
Ordered
,
and
be
it
hereby
Enacted
,
that
the
Law
limiting
Troops
,
Repealed
.
not
to
exceed
seaventy
persons
in
a
Troop
,
as
also
for
allowance
of
five
shillings
per
Annum
is
hereby
Repealed
,
in
reference
to
any
that
shall
be
listed
after
the
publication
of
this
Order
.
And
that
henceforth
none
shall
be
admitted
to
be
a
listed
Trooper
,
but
such
whom
themselves
or
Parents
under
whose
government
they
are
,
do
pay
in
a
single
County
Rate
for
one
hundred
pounds
estate
,
and
in
other
respects
qualified
as
the
Law
provides
:
And
the
same
certified
under
the
hand
of
the
Constable
of
the
Town
where
they
live
.
[
1663.
]
FOrasmuch
as
complaints
have
been
made
to
this
Court
,
of
very
great
inequality
in
keeping
and
maintaining
of
Military
Watches
,
the
burthen
of
that
service
y●ng
mainly
,
if
not
altogether
upon
such
as
bear
Arms
,
when
several
persons
of
good
I
state
are
free
;
All
which
considered
,
Millary
Watches
It
is
Ordered
,
that
henceforth
all
persons
whatsoever
,
within
this
Jurisdiction
,
who
are
liable
to
serve
in
Constables
Watches
,
shall
also
be
liable
to
the
like
service
in
all
Military
Watches
,
either
in
their
own
persons
,
or
by
a
sufficient
supply
to
be
made
by
all
such
persons
as
aforesaid
,
or
shall
pay
twelve
pence
in
money
,
and
that
under
the
penalty
of
five
shillings
for
every
such
neglect
,
to
be
leavied
by
the
Clerk
of
each
Company
,
by
Warrant
under
the
hand
of
the
chief
Officer
of
the
same
.
[
1664.
]
WHereas
this
Court
hath
already
provided
for
the
well
ordering
and
setling
the
Militia
of
this
Common-wealth
,
Major
General
&
Majors
power
to
see
that
all
the
Arms
or
the
Country
be
readily
fixt
as
in
the
Law
tit.
Military
,
yet
forasmuch
as
many
Complaints
are
presented
to
this
Court
,
that
the
said
Orders
are
not
so
attended
as
is
to
be
desired
;
considering
the
present
juncture
of
affairs
between
our
English
Nation
and
forreign
Enemies
,
who
are
now
engaged
in
a
Bloody
War
,
which
calls
for
a
prudential
endeavour
of
our
own
safety
against
any
forreign
Invasion
or
suddain
Surprizal
;
This
Court
doth
therefore
Order
and
Enact
,
That
the
said
Military
Laws
be
by
all
persons
therein
mentioned
,
forthwith
attended
in
all
respects
;
And
for
the
better
effecting
the
same
,
the
Major
General
is
required
forthwith
by
warrant
under
his
hand
to
the
Majors
of
the
several
Regiments
,
to
require
them
to
make
diligent
inquiry
into
the
state
of
the
several
Companies
under
their
charge
,
and
to
be
certified
under
the
hands
of
the
Commission
officers
,
or
chief
Officers
where
no
Commission
Officers
are
of
each
Company
,
of
all
defects
of
Arms
,
Amunition
or
otherwise
in
every
respect
;
And
the
said
Majors
respectively
are
required
to
give
speedy
advice
to
the
Major
General
what
posture
their
said
Regiments
are
in
,
and
wherein
the
said
Majors
cannot
of
themselves
forthwith
make
redress
of
any
defects
in
the
said
Companies
,
the
said
Majors
with
the
advice
of
the
Major
General
have
hereby
power
to
use
all
lawful
means
to
effect
the
same
.
Five
pounds
penalty
for
defects
of
inferiour
Officers
And
all
inferiour
Officers
are
hereby
required
to
yield
ready
Obedience
to
all
such
Warrants
sent
to
them
by
the
said
Majors
respectively
,
or
Major
General
,
upon
the
penalty
of
five
pounds
for
every
such
defect
,
to
be
leavied
by
distress
by
such
person
as
the
said
Major
General
and
Majors
of
the
Regiments
shall
depute
,
All
the
fines
to
go
to
procute
a
stock
of
powder
for
the
company
where
the
defects
arise
which
said
sines
shall
be
for
a
stock
of
Powder
for
the
said
Company
where
the
defects
arise
from
time
to
time
.
And
whereas
several
Towns
in
this
Jurisdiction
,
are
not
under
the
Command
of
any
Serjeant
Major
,
as
Dover
,
Portsmouth
,
&c.
as
also
the
Towns
of
the
County
of
Hampshire
;
The
several
Towns
that
are
not
under
Majors
of
Regiments
to
be
regulated
&
ordered
by
the
Major
General
It
is
Ordered
,
That
the
Major
General
take
care
for
regulating
of
the
Military
affaires
of
such
Towns
,
till
they
are
brought
under
a
Major
as
in
other
Counties
;
And
all
Military
Officers
of
such
places
are
required
obedience
to
the
Orders
of
the
Major
General
from
time
to
time
,
upon
the
penalty
above
mentioned
for
every
defect
.
[
1666.
]
WHereas
the
Law
,
tit
.
Military
Sect.
7.
requires
every
Pike
man
to
be
compleatly
furnished
(
amongst
other
weapons
with
a
sufficient
Corslet
)
This
Court
considering
that
Corslets
are
wanting
to
many
Souldiers
in
several
Companies
,
and
that
supplies
therein
are
not
easily
to
be
attained
;
It
is
therefore
now
Ordered
,
and
by
the
Authority
of
this
Court
Enacted
;
That
every
Pikeman
within
this
Jurisdiction
,
shall
be
compleatly
furnished
,
either
with
a
sufficient
Corslet
,
Buffe
Coat
or
Quilted
Coat
,
Pike
men
to
pr●vide
Bu●●
Coats
or
Qui●ed
coat●
such
as
shall
be
allowed
by
the
chief
Officer
,
under
whose
command
they
from
time
to
time
shall
serve
,
upon
the
penalty
in
the
recited
Law
already
expressed
;
any
Law
,
Custome
or
Usuge
to
the
contrary
notwithstanding
,
[
1666.
]
THis
Court
considering
the
direction
of
our
Patent
,
regulating
to
the
stating
of
all
Military
Officers
in
this
furisdiction
;
Do
hereby
Order
and
Declare
;
That
all
Commission
Officers
that
at
present
are
in
power
,
are
confirmed
according
to
their
respective
Commissions
;
but
for
the
time
to
come
where
new
are
to
be
chosen
,
it
is
only
in
the
power
of
the
General
Court
,
or
in
case
of
emergency
for
the
Council
of
the
Common-wealth
,
How
Officers
are
to
be
chosen
to
Nominate
,
Choose
,
Appoint
,
and
Impower
all
Commission
Military
Officers
,
excepting
the
Major
General
,
and
Admiral
by
Sea
,
the
choice
of
whom
are
otherwise
provided
for
by
Law
;
and
for
all
inferiour
Officers
in
Companies
,
they
are
to
be
chosen
and
appointed
by
the
Commission
Officers
of
that
Company
,
and
where
no
Commission
Officer
is
by
the
Major
of
the
Regiment
.
[
1668.
]
THe
Court
considering
that
the
Regiments
are
multiplied
from
three
to
six
since
the
Law
was
made
,
requiring
the
Serjeant
Majors
of
every
Regiment
to
draw
forth
his
Regiment
once
in
three
years
,
to
exercise
them
in
Military
Discipline
:
Regimental
meetings
Do
Order
,
That
henceforth
the
Regimental
Meetings
shall
be
in
this
following
Order
;
i.
e.
-
Suffolk
this
present
year
,
1671.
-
Norfolk
including
the
County
of
Portsmouth
and
Dover
,
1672.
-
Middlesex
Anno
1673.
-
Yorkshire
Anno
1674.
-
Essex
Anno
1675.
-
Hampshire
Anno
1676.
And
so
to
be
continued
in
this
Order
successively
from
time
to
time
.
And
the
Majors
of
Norfolk
,
Yorkshire
and
Hampshire
are
allowed
towards
their
expenses
and
entertainment
,
occasioned
by
that
service
ten
pounds
a
piece
respectively
for
the
time
of
that
service
,
to
be
paid
by
their
respective
County
Treasurers
.
And
it
is
also
Ordered
,
That
henceforth
the
allowance
of
twenty
pounds
a
piece
granted
formerly
to
the
Majors
of
the
three
old
Regiments
,
shall
be
paid
by
the
County
Treasurers
respectively
,
for
such
their
service
,
any
thing
contrary
hereunto
contained
in
the
Military
Law
,
Sect.
2.
notwithstanding
.
[
1671.
]
MINES
.
FOr
incouragement
of
such
as
will
adventure
for
the
discovery
of
Mines
;
It
is
Ordered
by
this
Court
,
L.
2.
p.
11.
Discoverers
of
Mines
to
enjoy
the
profit
for
21
years
That
whosoever
will
be
at
the
charge
for
the
discovery
of
any
Mine
within
this
Jurisdiction
,
shall
enjoy
the
profits
thereof
,
with
a
fit
proportion
of
Land
to
the
same
,
for
twenty
one
years
to
their
proper
use
,
and
also
that
such
persons
shall
have
liberty
to
purchase
the
interest
of
any
of
the
Indians
in
such
Lands
where
such
Mines
shall
be
found
,
provided
they
shall
not
enter
upon
any
Towns
or
persons
Propriety
without
his
leave
.
[
1641.
]
2.
And
any
Inhabitant
within
this
Jurisdiction
,
that
shall
have
or
finde
any
kinde
of
Mine
or
Mines
whatsoever
,
in
any
of
their
own
proprieties
,
the
whole
benefit
and
profit
of
such
Mines
are
due
and
shall
belong
to
such
Proprietor
of
Land
wherein
such
Mine
shall
be
found
,
to
them
and
to
their
Heirs
for
ever
,
as
any
part
of
their
Lands
,
Minneries
;
Possessions
or
Profits
whatsoever
,
paying
onely
the
fifth
part
of
Gold
and
Silver
Oar
according
to
proviso
,
made
on
that
behalf
.
MONEY
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
A.
52.
p.
12.
That
a
Mint-house
be
Erected
at
Boston
,
and
that
the
Master
of
the
said
Mint
,
and
all
the
Officers
thereof
shall
be
sworn
and
allowed
by
this
Court
,
Mint
house
at
Boston
or
by
such
as
shall
be
Authorized
by
this
Court
for
that
purpose
.
And
all
persons
whatsoever
,
have
liberty
to
bring
into
the
said
Mint
,
all
Bullion
,
Plate
or
Spanish
Coyn
,
there
to
be
melted
,
and
brought
to
Alloy
of
Sterling
Money
by
the
Master
of
the
said
Mint
and
his
sworn
Officers
from
time
to
time
,
by
him
or
them
to
be
Coyned
into
twelve
penny
,
six
penny
,
and
three
penny
pieces
,
which
shall
be
stamped
with
a
double
Ring
on
either
side
,
with
this
Inscription
,
Stamp
of
the
Coyn
MASSACHUSETS
and
a
Tree
in
the
center
on
the
one
side
,
NEW-ENGLAND
with
the
year
of
our
Lord
,
and
the
figure
XII
.
VI.
III.
according
to
the
value
of
each
piece
on
the
other
side
,
together
with
a
privie
mark
,
which
shall
be
appointed
every
three
Months
by
the
Governour
,
and
known
onely
to
him
and
the
sworn
Officers
of
the
Mint
.
And
further
,
the
Master
of
the
Mint
aforesaid
,
is
hereby
required
to
Coyn
all
the
said
Money
of
good
Silver
,
Value
of
the
Coyn
of
the
just
Alloy
of
new
Sterling
English
Money
,
and
for
value
two
pence
in
the
shilling
of
lesser
value
then
the
present
English
Coyn
,
and
the
lesser
pieces
proportionably
:
And
all
such
Coyn
as
aforesaid
,
(
and
no
other
except
English
)
shall
be
acknowledged
to
be
the
currant
Money
of
this
Common-wealth
,
and
to
pass
from
Man
to
Man
in
all
payments
accordingly
within
this
Jurisdiction
.
And
the
Mint
master
for
himself
and
Officers
,
for
their
pains
and
labour
Melting
,
Allowance
for
Coyning
Refining
and
Coyning
is
allowed
by
this
Court
to
take
one
shilling
out
of
every
twenty
shillings
,
which
he
shall
stamp
as
aforesaid
,
and
it
shall
be
in
the
liberty
of
any
person
,
who
brings
into
the
Mint-house
any
Bullion
,
Plate
or
Spannish
Coyn
;
to
be
present
and
see
the
same
Melted
,
Refined
and
Alloyed
,
and
then
to
take
a
Receipt
of
the
Master
of
the
Mint
for
the
weight
of
that
which
is
good
Silver
Alloyed
as
aforesaid
,
for
which
the
Mint-master
shall
deliver
him
the
like
weight
in
currant
Money
,
viz.
every
shilling
to
weigh
three
pence
Troy
weight
,
Weight
of
the
Coyn
and
lesser
pieces
proportionably
,
deducting
allowance
for
Coynage
as
before
is
expressed
.
Mint
masters
&
Officers
to
be
known
And
it
is
further
Ordered
;
That
a
Committee
be
chosen
by
this
Court
to
appoint
a
Mint-house
in
some
convenient
place
in
Boston
,
and
to
approve
and
swear
the
Master
and
all
the
Officers
,
and
to
Order
and
Determine
what
shall
further
appear
necessary
to
carry
on
this
Order
to
effect
.
2.
And
it
is
further
Ordered
;
A.
54.
p.
5.
That
no
Inhabitant
of
this
Jurisdiction
or
Stranger
,
shall
from
henceforth
send
,
carry
or
transport
out
of
this
Jurisdiction
,
by
Sea
or
by
Land
,
Exportation
of
Coyn
prohibited
on
pain
of
confiscation
of
estate
directly
or
indirectly
,
any
of
the
Money
that
hath
been
or
shall
be
Coyned
in
this
Jurisdiction
,
except
twenty
shillings
for
necessary
expences
,
on
penalty
of
Confiscation
,
not
only
of
such
money
so
Coyned
,
but
also
all
the
visible
estate
of
him
that
shall
any
way
be
found
sending
or
exporting
any
of
the
Coyn
aforesaid
,
one
third
part
whereof
shall
be
to
the
use
of
the
Informer
and
Officer
,
the
other
two
thirds
to
the
Country
.
And
that
this
Law
may
be
duely
observed
;
Searchers
to
be
appointed
The
County
Courts
shall
from
time
to
time
,
as
there
shall
be
need
in
Boston
,
Charlstown
,
Salem
,
Ipswich
,
Pas●ataqua
,
Isles
of
Shoals
,
Sudbury
,
and
other
needful
places
,
appoint
and
Authorize
meet
persons
,
as
Searchers
,
to
examine
and
search
all
Persons
,
Vessels
,
Packs
,
Truncks
,
Chests
,
Boxes
,
or
the
like
,
that
shall
be
transporting
out
of
this
Jurisdiction
,
who
finding
any
Money
shall
seize
the
same
,
and
forthwith
inform
the
next
Magistrate
thereof
,
who
shall
issue
out
his
Warrant
for
the
present
seizure
of
the
whole
visible
Estate
of
the
party
so
transporting
contrary
to
this
Law
,
for
the
use
of
the
Common-wealth
;
And
for
the
parties
searching
or
informing
as
is
above
exprest
.
And
it
is
further
Declared
,
That
all
such
Masters
,
Martiners
or
other
persons
,
that
shall
be
found
to
be
privy
or
consenting
to
the
exporting
of
any
of
the
Coyn
aforesaid
,
out
of
this
Jurisdiction
,
he
or
they
shall
for
every
such
offence
forfeit
the
sum
of
twenty
pounds
a
piece
,
To
take
an
Oath
to
be
to
the
uses
aforesaid
;
And
the
several
Searchers
shall
take
the
Oath
appointed
for
Searchers
,
only
in
stead
of
half
,
a
third
part
to
be
inserted
,
and
in
stead
of
certifying
the
Auditor
General
,
to
insert
to
certifie
the
next
Magistrate
.
[
1652.
54.
]
FOr
the
better
execution
of
the
Law
pag.
62.
sect.
2.
for
the
restraining
the
Exportation
of
Money
;
It
is
Ordered
by
this
Court
and
the
Authority
hereof
,
That
the
persons
hereafter
named
,
viz.
-
For
Boston
,
Captain
James
Oliver
,
and
Mr.
Thomas
Brattle
or
either
of
them
.
-
For
Charlstown
,
Captain
John
Allen.
-
For
Salem
,
Commissioner
,
to
search
for
Money
,
&c.
Mr.
Edward
Batter
.
-
For
Pascataqua
,
Mr.
Elias
Stileman
.
-
For
Marble-head
,
Mr.
S●muel
Ward
.
-
For
Dedham
,
Ensign
Fisher
.
-
For
Braintry
,
Moses
Pain
.
-
For
Malberow
,
William
Kerly
.
-
For
Springfield
,
Laurence
Bliss
.
Be
all
and
every
of
them
appointed
,
impowered
and
required
to
search
for
,
and
seize
all
Monies
of
the
Coyn
of
this
Jurisdiction
,
that
shall
be
found
or
discovered
in
any
Ship
or
any
other
Vessel
that
hath
weighed
Anchor
to
depart
from
that
Port
where
she
ladeth
,
or
all
such
Money
that
shall
be
found
in
any
persons
Pocket
,
Cloak
bag
,
Portmantle
,
or
any
other
thing
belonging
to
them
,
after
such
person
hath
taken
Horse
back
,
to
proceed
and
travail
in
his
or
their
Journey
out
of
this
Jurisdiction
,
from
the
first
Town
or
Station
whence
such
persons
begin
their
Travail
:
And
all
Money●
that
such
Searcher
shall
finde
(
except
so
much
as
is
allowed
by
Law
)
he
shall
safely
keep
it
until
the
next
Court
of
the
Shire
,
and
then
present
the
same
unto
the
said
Court
;
and
if
it
be
judged
by
the
Court
to
be
forfeited
according
to
Law
,
then
the
said
Court
are
required
to
order
the
delivery
of
one
third
part
to
the
Officer
that
seized
the
same
,
and
the
other
two
third
parts
to
return
to
the
publick
Treasury
of
the
Country
.
And
it
is
further
Ordered
,
That
the
Searchers
before-named
,
are
hereby
impowred
to
break
open
any
Chest
,
Trunk
,
Box
,
Cabin
,
Cask
,
Truss
,
or
any
other
suspected
place
or
thing
,
where
they
or
any
of
them
conceive
Money
may
be
concealed
,
and
seize
the
same
:
And
also
they
or
either
of
them
are
impowered
to
require
such
Assistance
from
any
Constables
or
others
,
as
to
them
may
seem
expedient
,
who
are
to
aid
them
upon
the
penalty
of
forty
shillings
fine
for
every
neglect
.
[
1669.
]
MONOPOLIES
.
IT
is
Ordered
,
Decreed
,
and
by
this
Court
Declared
;
That
there
shall
be
no
Monopolies
granted
or
allowed
amongst
us
,
but
of
such
new
inventions
that
are
profitable
to
the
Country
,
and
that
for
a
short
time
.
[
1641.
]
Oaths
Subscriptions
.
No
Oaths
but
what
are
imposed
by
the
General
Court
IT
is
Ordered
,
and
by
this
Court
Declared
;
That
no
man
shall
be
urged
to
take
any
Oath
,
or
subscribe
to
any
Articles
,
Covenants
or
Remonstrances
of
Publick
and
Civil
nature
,
but
such
as
the
General
Court
hath
considered
,
allowed
and
required
;
Officers
Oath
how
long
bin●ing
and
no
Oath
of
any
Magistrate
or
of
any
Officer
,
shall
binde
him
any
further
or
longer
then
he
is
resident
or
reputed
an
Inhabitant
of
this
Jurisdiction
,
[
1641.
]
2.
Forasmuch
as
divers
Inhabitants
of
this
Jurisdiction
,
who
have
long
continued
amongst
us
,
receiving
protection
from
this
Government
,
A.
12.
p.
●
.
have
as
we
are
informed
uttered
offensive
speeches
,
whereby
their
fidelity
to
this
Government
may
justly
be
suspected
,
and
also
that
divers
Strangers
of
sorreign
parts
do
repair
to
us
of
whose
fidelity
we
have
not
that
assurance
which
is
commonly
required
of
all
Governments
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
;
That
the
County
Courts
or
any
one
Magistrate
out
of
Court
,
shall
have
power
,
and
is
hereby
Authorized
to
require
to
Oath
of
Fidelity
of
all
settled
Inhabitants
amongst
us
,
Strangers
to
swear
fidelity
to
this
Governm●●
who
have
not
already
taken
the
same
,
as
also
to
require
the
Oath
under-written
of
all
Strangers
,
who
after
two
Months
have
their
Abode
here
;
And
if
any
person
shall
refuse
to
take
the
respective
Oath
,
he
or
they
shall
be
bound
over
to
the
next
County
Court
or
Court
of
Assistants
,
where
if
he
shall
refuse
,
he
shall
forfeit
five
pounds
a
week
,
for
every
week
he
shall
continue
in
this
Jurisdiction
after
his
said
refusal
,
unless
he
can
give
sufficient
security
to
the
satisfaction
of
the
Court
or
Magistrate
for
his
Fidelity
during
his
or
their
residence
amongst
us
:
Strangers
Oath
.
You
A.
B.
do
acknowledge
your self
subject
to
the
Laws
of
this
Jurisdiction
,
during
your
residence
under
this
Government
;
And
do
here
Swear
by
the
great
Name
of
the
Everliving
GOD
,
and
engage
your self
to
be
t●ue
and
faithful
to
the
same
,
and
not
to
Plot
,
Contrive
or
Conceal
any
thing
that
is
to
the
hurt
or
detriment
thereof
.
[
1652.
]
OPPRESSION
.
FOr
avoiding
such
mischiefs
as
may
followly
such
indisposed
persons
,
as
may
take
liberty
to
oppress
and
wrong
their
Neighbours
,
by
taking
excessive
Wages
for
their
Work
,
or
unreasonable
prizes
for
such
Merchancizes
or
other
necessary
Commodities
as
shall
pass
from
Man
to
Man
;
It
is
Ordered
;
That
it
any
Man
shall
offend
in
any
of
the
said
cases
,
he
shall
be
punished
by
fine
or
imprisonment
,
according
to
the
quality
of
the
offence
as
the
Court
to
which
he
is
presented
,
upon
lawful
tryal
and
conviction
shall
adjudge
.
[
1635.
]
PAYMENTS
.
IT
is
by
this
Court
Ordered
and
Declared
;
A.
54.
p.
4.
That
all
Contracts
and
Engagements
for
Money
,
Corn
,
Chattel
or
Fish
,
shall
be
satisfied
in
kinde
according
to
Covenant
,
or
in
default
of
the
very
kinde
contracted
for
,
in
one
of
the
said
kindes
;
Provided
that
in
such
cases
where
payment
in
kinde
is
not
made
according
to
Covenant
,
all
just
damages
shall
be
satisfied
(
together
with
the
Debt
)
for
not
paying
in
kinde
according
to
bargain
;
And
in
no
case
shall
any
Creditor
be
forced
to
take
any
other
Commodities
for
satisfaction
of
his
debt
,
unless
it
be
according
to
his
Contract
,
but
it
shall
be
lawful
for
such
Creditor
to
imprison
the
party
till
he
make
satisfaction
according
to
Covenant
,
D●b●
to
be
〈◊〉
the
kinde
contract
or
to
take
upon
Execution
such
Goods
,
Houses
or
Lands
,
as
shall
be
to
his
satisfaction
;
any
Law
,
Custome
or
Usage
to
the
contrary
notwithstanding
.
[
1654.
]
WHereas
the
Law
tit.
Payments
pag.
63.
doth
make
Corn
,
Cattle
and
Fish
equal
with
Money
and
to
be
paid
as
Money
,
when
Money
is
intended
for
,
which
at
that
time
when
the
Law
was
made
was
as
good
as
Money
,
but
now
is
otherwise
,
and
proveth
prejudicial
and
injurious
,
as
experience
sheweth
upon
several
accounts
:
ther
fore
as
an
Addition
to
,
and
explanation
of
that
Law
;
All
contracts
&
agreements
to
be
made
●o●●
by
payment
in
specie
contracted
for
,
&c.
This
Court
doth
Order
and
Enact
,
That
henceforth
all
Contracts
,
Agreements
,
Engagements
or
Covenants
for
any
specie
whatsoever
,
shall
be
paid
in
the
same
specie
Bargained
for
;
Any
Law
,
Usage
or
Custome
to
the
contrary
notwithstanding
.
[
1670.
]
PETITIONS
.
IT
is
hereby
Ordered
;
That
all
Petitions
to
the
General
Court
,
L.
2.
p.
13.
which
are
of
a
common
and
ordinary
nature
,
the
Petitioner
shall
pay
on
the
delivery
thereof
to
the
Secretary
or
Clerk
two
shillings
six
pence
for
each
Petitions
;
And
all
Petitions
for
abatements
of
fines
,
mittigation
of
penalties
,
&c.
shall
pay
unto
the
Clerk
or
Secretary
as
aforesaid
ten
shillings
,
Payment
for
entring
Petitions
in
the
General
Court
And
all
Petitions
for
Gratuities
,
or
that
concern
Controversies
between
party
and
party
,
Town
and
Town
shall
pay
ten
shillings
;
And
all
Petitions
for
Debts
,
or
other
controversies
between
party
and
party
brought
from
Inferiour
Courts
,
shall
pay
ten
shillings
besides
the
charges
of
the
Court
during
the
trial
of
such
cause
.
And
henceforth
no
Petition
whatsoever
,
shall
be
received
into
the
General
Court
,
after
the
first
four
dayes
of
the
Court
of
Election
,
A.
54.
p.
1.
nor
after
the
first
week
of
any
other
Session
.
Nevertheless
,
It
is
hereby
Ordered
;
That
all
such
Petitions
that
concern
any
engagement
of
the
Country
to
any
person
,
are
hereby
exempted
;
Time
of
Entry
And
that
any
Magistrate
or
Deputy
of
the
Court
may
present
any
Petition
,
wherein
his
own
personal
right
is
concerned
without
payment
,
and
that
there
shall
be
a
true
Entry
made
by
the
Secretary
of
the
number
of
Petitions
that
shall
be
delivered
to
the
Magistrates
,
petitions
exempt
from
payments
and
the
like
account
shall
be
kept
by
the
Clerk
of
the
Deputies
,
Secretary
and
Clerk
to
secure
the
pay
of
all
Petitions
received
by
the
Deputies
,
and
all
such
fees
as
are
produced
by
such
Petitions
,
shall
be
received
or
secured
by
the
Secretary
or
Clerk
,
and
discounted
in
part
of
their
Annual
allowance
.
[
1648
,
54.
]
PIPES-STAVES
.
WHereas
information
hath
come
to
this
Court
from
forraign
parts
,
of
the
insufficiency
of
our
Pipe-staves
,
especially
in
regard
of
worm-holes
,
whereby
the
Commodity
is
like
to
be
prohibited
in
those
parts
,
to
the
great
damage
of
the
Country
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
;
That
the
Select
men
of
Boston
,
Charlstown
,
Salem
,
Dover
,
Portsmouth
,
Kitterie
,
and
all
other
Towns
in
this
Jurisdiction
,
Searchers
of
Pipe
staves
where
Pipe-staves
use
to
be
shipped
,
shall
forthwith
,
and
so
from
time
to
time
,
as
need
shall
require
,
nominate
two
men
of
each
Town
,
skilful
in
the
Commodity
,
and
such
as
can
attend
the
service
,
to
be
viewers
of
Pipe
staves
,
who
so
chosen
,
shall
by
the
Constable
be
convented
before
some
Magistrate
,
Sworn
to
be
sworn
diligently
and
faithfully
to
view
and
search
all
such
Pipe-staves
as
are
to
be
transported
to
any
parts
of
Spain
,
Portugal
,
or
within
either
of
their
Dominions
or
elsewhere
,
to
be
used
for
making
of
tight
Cask
,
who
shall
cast
by
all
such
as
they
shall
judge
not
Merchantable
,
both
in
respect
of
worm-holes
and
due
Assize
,
viz.
that
are
not
in
lergth
four
feet
and
half
,
in
breadth
three
Inches
and
half
without
sap
,
Assize
of
Pipe-staves
in
thickness
three
quarters
of
an
inch
and
not
more
or
less
then
an
eighth
part
of
an
inch
then
three
quarters
thick
,
well
and
even
hewed
and
sufficient
for
use
.
And
they
or
some
one
of
them
,
shall
at
all
times
upon
request
give
attendance
,
and
they
shall
enter
into
a
Book
the
number
of
all
such
Merchantable
Pipe-staves
as
they
shall
approve
,
and
for
whom
.
Pipe-staves
shipt
unsearched
to
be
forfeit
And
if
any
Man
shall
put
aboard
any
Ship
or
other
Vessel
any
Pipe-staves
other
then
shall
be
so
searched
and
approved
,
to
the
end
,
to
be
transported
to
any
part
of
Spain
or
Portugal
,
except
they
should
be
shipped
for
dry
Cask
,
Searchers
allowed
he
shall
forfeit
the
same
whole
parcel
or
the
value
thereof
,
and
the
said
Viewers
shall
be
allowed
two
shillings
for
every
thousand
of
Pipe-staves
which
they
shall
so
search
,
as
well
the
Refuse
as
the
Merchantable
,
to
be
paid
by
him
that
sets
them
on
work
.
Masters
of
ships
receiving
unsearcht
staves
forfeit
5
li.
And
if
any
Master
or
other
Officer
of
any
Ship
or
other
Vessel
,
shall
receive
into
such
Ship
or
Vessel
,
and
parcel
of
Pipe-staves
,
to
be
transported
into
any
of
the
said
Dominions
,
which
shall
not
be
searched
and
allowed
as
Merchantable
,
and
so
certified
by
a
note
under
the
hand
of
one
of
the
said
Viewers
;
such
Master
shall
forfeit
for
every
thousand
of
Pipe-staves
so
unduely
received
five
pounds
,
except
he
can
procure
one
of
the
said
Viewers
to
come
aboard
and
search
such
Staves
as
they
shall
be
delivered
into
the
Ship
:
Dry
Cask
staves
Provided
,
Cast
or
Refuse
Staves
,
or
other
Red
Oak
Staves
may
be
transport●d
into
those
parts
(
which
may
be
of
good
use
for
Dry
Cask
)
so
as
the
same
be
carried
in
distinct
parcels
,
and
not
intermixt
with
Merchantable
Staves
.
[
1646.
]
POOR
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
any
Shire
Court
or
any
two
Magistrates
out
of
Court
,
shall
have
power
to
determine
all
Differences
about
lawful
settling
and
providing
for
poor
persons
;
and
shall
have
power
to
dispose
of
all
unsettled
persons
into
such
Towns
as
they
shall
judge
to
be
most
fit
for
the
maintenance
and
imployment
of
such
Persons
and
Families
,
for
the
case
of
this
Country
.
[
1639.
]
And
for
the
avoiding
of
all
future
inconveniences
referring
to
the
settling
of
poor
people
that
may
need
relief
from
the
place
where
they
dwell
;
Order
that
settle
poor
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
where
any
person
with
his
Family
,
or
in
case
he
hath
no
family
,
shall
be
resident
in
any
Town
or
Peculiar
of
this
Jurisdiction
for
more
then
three
months
,
without
notice
given
to
such
person
or
persons
by
the
Constable
or
one
of
the
Select-men
of
the
said
place
,
or
their
Order
,
that
the
Town
is
not
willing
that
they
should
remain
as
an
Inhabitant
amongst
them
;
And
in
case
after
such
notice
given
,
such
person
or
persons
shall
notwithstanding
remain
in
the
said
place
,
if
the
Select-men
of
the
said
place
shall
not
by
way
of
complaint
,
Petition
to
the
next
County
Court
of
that
Shire
for
relief
in
the
said
case
,
and
the
same
prosecuted
to
effect
;
every
such
person
or
persons
(
as
the
case
may
require
)
shall
be
provided
for
,
and
relieved
in
case
of
necessity
,
by
the
Inhabitants
of
the
said
place
where
he
or
shee
is
so
found
.
And
it
is
further
Ordered
,
That
each
County
Court
shall
from
time
to
time
hear
and
determine
all
Complaints
of
this
nature
,
and
settle
all
poor
persons
according
to
directions
of
this
Law
,
in
any
Town
or
Peculiar
within
this
Colony
;
and
every
such
person
or
persons
shall
accordingly
,
be
entertained
and
provided
for
by
the
Select-men
or
Constable
of
the
said
place
,
at
a
Town-charge
;
And
in
case
any
Town
or
Peculiar
shall
finde
themselves
agrieved
at
such
disposure
of
the
County
Court
,
they
may
Appeal
to
the
next
Court
of
Assistants
;
And
where
any
person
or
persons
cannot
according
to
this
Law
be
settled
in
any
Town
or
Peculiar
,
they
shall
then
be
placed
in
any
Town
of
that
County
wherein
they
are
found
,
according
as
the
County
Court
shall
appoint
,
and
their
charges
satisfied
unto
them
by
the
County
Treasurer
.
POSSESSION
.
THe
Court
taking
into
consideration
the
great
neglect
of
many
persons
,
in
the
Infancy
of
these
Plantations
,
A.
58.
p.
28.
to
observe
any
due
order
or
legal
course
for
the
confirmation
of
such
Sales
and
Alienations
of
Houses
and
Lands
,
as
have
passed
from
man
to
man
,
which
thing
may
several
wayes
be
of
very
evil
Consequence
to
Posterity
.
Doth
therefore
Order
and
hereby
Enact
;
That
any
person
or
persons
,
that
hath
either
himself
or
by
his
Grantees
or
Assignes
,
before
the
Law
made
for
direction
about
Inheritances
,
bearing
date
October
the
nineteenth
,
one
thousand
six
hundred
and
fifty
two
,
Title
to
Inheritances
limited
Within
5
years
Possessed
and
Occupied
as
his
or
their
own
proper
Right
,
in
see
simple
,
any
Houses
or
Lands
within
this
Jurisdiction
,
and
shall
so
continue
,
whether
in
their
own
Persons
,
their
Heirs
or
Assignes
,
or
by
any
other
person
or
persons
,
from
,
by
or
under
them
,
without
Disturbance
,
Let
,
Suit
or
Denial
legally
made
,
by
having
the
Claim
of
any
person
thereto
,
entred
with
the
Recorder
of
the
County
,
where
such
Houses
or
Lands
do
lye
,
with
the
Names
of
the
person
so
claiming
,
and
the
Quantity
,
Bounds
of
the
Lands
or
Houses
claimed
,
and
such
Claim
prosecuted
to
effect
within
the
tearm
of
fire
years
next
after
the
twentieth
of
this
present
May
,
one
thousand
six
hundred
and
fifty
seven
;
every
such
Proprietor
,
their
Heirs
and
Assignes
shall
for
ever
after
enjoy
the
same
,
without
any
lawful
Let
,
Suit
,
Disturbance
or
Denial
,
by
any
after
Claim
of
any
person
or
persons
whatsoever
,
any
Law
or
Custome
to
the
contrary
notwithstanding
.
And
for
all
Bargains
or
Alienations
made
,
or
to
be
made
after
the
aforesaid
time
,
that
every
person
concerned
therein
,
observe
the
Directions
given
in
the
above
recited
Law
,
upon
peril
of
suffering
all
the
damage
that
shall
accrue
to
them
,
their
Heirs
and
Assignes
by
neglect
thereof
.
[
1657.
]
PORTERS
.
There
being
a
very
great
abuse
in
the
Towns
of
Boston
and
Charlstown
,
by
Forters
,
A.
56.
p.
10.
who
many
times
do
require
and
exact
more
then
is
just
and
righteous
for
their
Labours
;
It
is
Ordered
by
this
Court
;
That
from
henceforth
the
Select-men
of
the
said
Towns
from
time
to
time
,
Porters
to
be
Ordered
by
the
Select
men
shall
have
power
to
regulate
in
this
case
,
and
to
state
their
Wages
,
as
in
their
understanding
shall
be
most
just
and
equal
,
as
also
to
determine
what
persons
shall
be
imployed
therein
.
[
1655.
]
Pound
.
Pound-breach
.
FOr
prevention
and
due
recompence
of
damages
in
Corn-fields
and
other
Inclosures
done
by
Swine
and
Chattel
;
Pound
in
every
Town
It
is
Ordered
by
this
Court
and
Authority
thereof
,
That
there
shall
be
one
sufficient
Pound
or
more
,
made
and
maintained
in
every
Town
and
Village
within
this
Jurisdiction
,
for
the
Impounding
of
all
such
Swine
and
Chattel
as
shall
be
found
in
any
Corn-field
or
other
inclosure
.
And
whosoever
Impounds
any
Swine
or
Chattel
,
shall
give
present
notice
to
the
Owner
if
he
be
known
,
or
otherwise
they
shall
be
cryed
at
the
two
next
Lectures
or
Markets
;
A.
57.
p.
24.
And
if
Swine
or
Chattel
escape
out
of
Pound
,
the
Owner
if
known
,
shall
pay
all
damages
according
to
Law
.
And
every
person
or
persons
having
notice
given
them
,
or
otherwise
left
in
writing
at
their
House
or
place
of
their
usual
abode
,
of
any
of
their
Chattel
Impounded
or
otherwayes
Restrained
,
Cattle
impounded
to
be
repleived
or
damage
satisfied
shall
forthwith
give
satisfaction
to
the
party
so
wronged
,
or
otherwise
Replevie
their
Chattel
,
and
prosecute
the
same
according
to
Law
,
upon
peril
of
suffering
all
the
loss
and
damage
that
shall
come
to
their
Chattel
by
standing
in
the
Pound
or
other
lawful
place
of
Restraint
.
[
1645
,
47
,
57.
]
2.
And
if
any
person
shall
resist
or
rescue
any
Chattel
going
to
Pound
,
or
shall
by
any
way
or
means
convey
them
out
of
Pound
or
other
Custody
of
the
Law
,
whereby
the
party
wronged
may
lose
his
damages
,
Rescues
and
Pound
breach
and
the
Law
be
deluded
,
that
in
case
of
meer
rescues
,
the
party
so
offending
shall
forfeit
to
the
Treasury
forty
shillings
.
Fine
or
And
in
case
of
Pound
breach
five
pounds
,
and
shall
also
pay
all
damages
to
the
party
wronged
,
and
if
in
the
rescues
any
bodily
harm
be
done
to
the
person
of
any
Man
or
other
Creature
,
they
may
have
remedy
against
the
Rescuers
;
And
if
either
be
done
by
any
not
of
ability
to
answer
the
forfeiture
and
damages
aforesaid
,
be
whipped
they
shall
be
openly
Whipped
by
Warrant
from
any
Magistrate
before
whom
the
offender
is
convicted
in
the
Town
or
Plantation
where
the
offence
was
committed
,
not
exceeding
twenty
stripes
for
the
meer
Rescue
or
Pound
breach
;
And
for
all
damages
to
the
party
,
they
shall
satisfie
by
service
,
as
in
case
of
Theft
.
And
if
it
appear
there
were
any
procurement
of
the
Owner
of
the
Chattel
thereunto
,
and
that
they
were
Abetters
therein
,
they
shall
pay
forfeiture
and
damages
as
if
themselves
had
done
it
.
[
1647.
]
POWDER
.
WHereas
by
favour
of
the
Government
in
England
,
A.
52.
p.
3.
several
quantities
of
Powder
and
other
Amunition
are
yearly
Imported
into
this
Jurisdiction
for
our
necessary
use
and
defence
;
To
the
end
the
favour
we
receive
may
not
be
Abused
;
nor
our selves
Deprived
of
the
just
and
necessary
use
thereof
;
It
is
hereby
Ordered
and
Enacted
;
That
all
Merchants
or
others
,
that
shall
import
into
this
Jurisdiction
either
Powder
,
Lead
,
Bullets
Shot
,
Powder
imported
to
be
F●●●●
with
the
publick
Notary
or
any
Amunition
whatsoever
,
shall
give
particular
notice
of
the
quantity
thereof
to
the
Publick
Notary
,
upon
the
pain
and
penalty
of
forty
pounds
,
within
one
Month
after
the
Landing
of
such
Goods
,
who
is
hereby
enjoyned
to
take
particular
notice
of
the
same
,
with
the
Mark
and
Number
,
and
faithfully
to
enter
the
same
in
a
Book
,
and
the
Names
of
the
Persons
to
whom
they
are
sold
,
or
into
whose
Custody
or
power
they
are
committed
,
that
he
may
give
account
thereof
upon
Oath
to
the
Governour
,
Deputy
Governour
or
any
of
the
Council
from
time
to
time
;
And
the
said
Notary
is
hereby
prohibited
,
upon
the
penalty
of
one
hundred
pounds
,
to
grant
Cortificate
to
any
Merchant
or
other
of
any
such
Goods
but
such
as
he
shall
have
particular
notice
of
,
and
entred
as
aforesaid
.
And
to
the
end
this
Order
may
be
duely
observed
,
and
that
no
person
may
plead
ignorance
thereof
;
It
is
hereby
Ordered
,
That
the
Captain
of
the
Castle
shall
upon
the
arrival
of
any
Ship
or
Vessel
in
the
Massachusets
Bay
,
from
any
forraign
parts
,
give
notice
of
the
contents
of
this
Order
,
to
the
Master
or
Merchant
of
any
such
Vessels
,
and
the
Constables
of
all
other
Port-Towns
in
this
Jurisdiction
,
are
hereby
required
to
do
the
same
.
[
1651.
]
2.
And
it
is
further
Ordered
;
That
no
person
(
except
for
the
defence
of
themselves
and
their
Vessels
at
Sea
)
shall
transport
any
Gunpowder
out
of
this
Jurisdiction
,
L.
1.
p.
45.
without
license
first
obtained
from
some
two
of
the
Magistrates
,
upon
penalty
of
forfeiting
all
such
Powder
as
shall
be
transporting
or
transported
,
or
the
value
thereof
.
And
that
there
may
be
no
defect
for
want
of
an
Officer
to
take
care
herein
;
This
Court
,
the
Court
of
Assistants
,
or
any
Shire
Court
,
shall
appoint
meet
persons
,
Searchers
for
powder
exporting
from
time
to
time
in
all
needful
places
,
who
have
hereby
power
granted
them
,
to
search
all
Persons
and
Vessels
that
are
or
any
way
shall
be
suspicious
to
them
to
be
breakers
of
this
Order
,
and
what
they
finde
in
any
Vessel
or
Hands
,
without
license
as
aforesaid
,
to
seize
the
same
,
and
to
keep
the
one
half
to
their
own
use
in
recompence
of
their
pains
,
and
to
deliver
the
other
half
forthwith
to
the
Treasurer
.
[
1645
,
51.
]
Prescriptions
.
IT
is
Ordered
,
Decreed
,
and
by
this
Court
Declared
:
That
no
Custome
or
Prescription
shall
ever
prevail
amongst
us
in
any
Moral
case
,
(
our
meaning
is
)
to
maintain
any
thing
that
can
be
proved
to
be
Morally
sinful
by
the
Word
of
God
.
[
1641.
]
Prisoners
,
Prison
,
House
of
Correction
.
Prisoners
carried
their
own
charge
IT
is
Ordered
;
That
such
Malefactors
as
are
committed
to
any
common
Prison
,
shall
be
conveyed
thither
at
their
own
charge
if
they
be
able
,
otherwise
at
the
charge
of
the
Country
.
[
1646.
]
2.
For
prevention
and
redress
of
many
misdemeanours
and
evil
practises
,
A.
55.
p.
10.
daily
increasing
;
It
is
Ordered
,
That
there
shall
be
an
House
of
Correction
provided
in
each
County
,
at
the
Counties
charge
,
to
be
settled
,
House
of
Correction
in
each
County
ordered
and
improved
as
the
Magistrates
in
each
County
Court
or
Court
of
Assistants
shall
agree
and
direct
.
3.
And
it
shall
be
in
the
power
of
every
County
Court
to
make
use
of
such
Prison
as
is
at
present
erected
in
the
County
,
A.
57.
p.
25.
for
an
House
of
Correction
,
till
Houses
of
Correction
be
provided
and
finished
.
County
Court
to
appoint
a
Master
Also
to
provide
and
Authorize
the
Keeper
or
some
meet
person
,
to
be
Master
of
such
House
as
they
shall
judge
meet
;
And
the
Select
men
of
the
Town
where
such
House
is
appointed
,
shall
procure
in
the
most
prudent
way
,
some
competent
stock
of
Hemp
,
Flax
,
or
other
materials
,
Select
men
to
provide
Materials
to
work
and
upon
account
,
to
commit
the
same
into
the
hands
of
the
Master
of
the
House
,
to
be
imployed
at
his
discretion
by
the
labour
of
such
Delinquents
,
as
shall
be
committed
to
him
by
Authority
,
and
the
stock
being
in
value
or
kinde
preserved
to
such
as
put
in
the
same
,
all
the
benefit
attained
by
the
labour
of
the
person
committed
,
shall
be
to
the
use
of
the
Master
,
Masters
fees
allowing
only
so
much
as
will
keep
the
Delinquent
with
necessary
Bread
and
Water
,
or
other
mean
food
out
of
the
same
,
or
six
pence
out
of
the
shilling
earned
by
his
or
her
labour
.
And
at
the
first
coming
into
the
House
of
Correction
,
the
Master
thereof
,
or
any
he
shall
procure
,
or
the
common
Corrector
residing
in
the
Town
,
shall
whip
every
Delinquent
,
not
exceeding
ten
stripes
,
Delinquent
to
be
Corrected
&
kept
to
work
and
after
shall
imploy
him
or
her
by
duely
stint
,
and
if
the
party
be
stubborn
,
disorderly
or
idle
and
not
perform
their
task
,
and
that
in
good
condition
,
the
Master
shall
correct
them
or
abridge
them
of
their
food
,
as
the
cause
shall
require
,
till
they
are
brought
to
some
meet
order
.
One
Magistrate
may
commit
to
the
House
of
Correction
And
it
shall
be
in
the
power
of
one
Magistrate
,
to
commit
idle
persons
or
stubborn
persons
against
such
as
have
Authority
over
them
,
Run-awayes
,
Common
Drunkards
,
Pilferers
,
Common
night-walkers
and
wanton
persons
,
as
tending
to
uncleanness
in
speeches
or
Actions
,
&c.
And
it
shall
not
be
in
the
power
of
the
Master
to
deliver
out
of
the
House
of
Correction
,
unless
he
hath
a
Discharge
or
Warrant
under
the
hand
of
a
Magistrate
;
and
if
the
Delinquent
be
committed
by
the
Court
,
not
to
be
delivered
but
by
order
of
the
Court
,
or
under
the
hand
of
the
greater
part
of
the
Members
of
the
Court.
[
1646
,
55
,
57.
]
ON
Complaint
of
the
Keeper
of
the
Prison
,
that
some
Malefactors
and
other
Prisoners
have
made
escape
,
by
means
of
some
evil-disposed
persons
that
supply
them
with
Instruments
to
effect
the
same
;
It
is
therefore
Ordered
by
this
Court
and
the
authority
thereof
,
That
if
any
person
whatsoever
,
shall
any
wayes
,
either
directly
or
indirectly
convey
any
Instrument
or
other
thing
whatsoever
to
any
Prisoner
,
by
which
such
Prisoner
or
any
other
Prisoner
,
either
shall
,
may
,
To
prevent
breaking
of
Prisons
or
might
break
Prison
,
or
work
him
or
her self
unlawfully
out
of
the
same
;
if
it
were
for
Debt
,
such
person
so
transgressing
shall
pay
the
full
Debt
,
and
incurre
the
penalty
of
forfeiture
of
as
much
to
the
Country
,
or
undergo
such
Corporal
punishment
as
the
Court
on
whose
proceedings
such
imprisonment
followed
,
or
the
Court
of
Assistants
shall
impose
,
order
or
appoint
.
And
if
any
Prisoner
committed
for
offence
or
offences
,
Criminal
or
Capital
,
shall
by
such
wicked
compliance
of
any
person
,
break
Prison
or
make
escape
out
of
Prison
,
or
be
found
in
preparation
thereunto
,
the
person
or
persons
which
directly
or
indirectly
conveyed
such
Instruments
,
Tools
,
or
other
things
,
whereby
such
Prisoner
shall
or
might
work
his
or
her
escape
from
Prison
;
such
person
shall
be
liable
to
the
same
corporal
punishment
which
the
Prisoner
was
liable
unto
,
and
also
incurre
such
further
penalty
by
Fine
,
Imprisonment
,
or
Corporal
punishment
as
the
County
Court
,
Court
of
Assistants
or
General
Court
shall
appoint
:
So
that
where
the
Prisoners
are
not
actually
escaped
,
in
such
cases
any
Court
to
moderate
as
they
shall
see
meet
.
And
if
the
escape
of
any
Prisoner
appear
to
be
through
the
fault
or
neglect
of
the
Jaylor
,
he
shall
then
be
liable
to
such
penalties
as
the
Prisoner
was
,
according
as
the
Court
which
hath
cognizance
thereof
shall
determine
.
[
1669.
]
IN
Answer
to
some
Questions
propounded
by
the
Keeper
of
the
Prison
for
his
direction
in
the
execution
of
his
Office
;
Directions
to
Prison
keepers
This
Court
do
Declare
;
That
it
is
the
duty
of
all
Prison-keepers
from
time
to
time
to
present
a
true
List
of
all
the
Prisoners
to
such
Courts
of
Judicature
,
as
are
properly
to
take
cognizance
of
their
crimes
,
and
not
to
discharge
any
their
custody
,
but
by
the
Authority
of
the
Law
Warranting
the
same
,
and
that
the
Court
or
other
Authority
taking
cognizance
thereof
shall
determine
the
Costs
to
be
allowed
the
Keeper
for
maintenance
of
the
Prisoner
,
as
also
by
whom
he
shall
be
satisfied
,
and
that
where
any
are
committed
in
any
civil
cause
,
the
Plaintiffe
at
whose
suit
he
is
imprisoned
shall
secure
the
Keeper
all
his
necessary
expenses
during
his
Imprisonment
,
both
for
Food
and
Physick
,
and
other
necessaries
for
his
livelihood
;
And
in
case
of
his
neglect
so
to
do
,
the
party
imprisoned
taking
his
Oath
before
any
Magistrate
that
he
is
not
worth
five
pounds
,
the
Keeper
shall
not
stand
further
charged
with
him
,
but
may
dismiss
such
Prisoner
his
custody
;
Any
former
Law
,
Usage
or
Custome
to
the
contrary
notwithstanding
.
And
it
is
Declared
by
this
Court
;
That
the
ordinary
allowance
to
be
made
for
the
Food
of
any
Prisoner
shall
be
two
shillings
sixpence
the
Week
.
[
1663.
]
Protestations
contra
Remonstrance
.
Liberty
to
enter
a
dissent
in
cases
in
Court
IT
is
Ordered
,
and
by
this
Court
Declared
;
That
it
is
and
shall
be
in
the
liberty
of
any
Member
or
Members
of
any
Court
,
Council
or
civil
Assembly
,
in
cases
of
making
or
executing
any
Order
that
properly
concerneth
Religion
,
or
any
cause
Capital
,
or
Wars
,
or
Subscriptions
to
any
publick
Article
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
Writing
,
and
upon
their
Request
to
have
their
dissent
Recorded
in
the
Rolls
of
that
Court
,
so
it
be
done
Christianly
and
Respectively
for
the
manner
,
and
the
dissent
only
be
Entred
without
the
Reasons
thereof
,
for
avoiding
tediousness
.
[
1641.
]
Punishment
,
Torture
.
None
punished
twice
for
due
offence
IT
is
Ordered
,
and
by
this
Court
Declared
;
That
no
man
shall
be
twice
Sentenced
by
Civil
Justice
for
one
and
the
same
Crime
,
Offence
or
Trespass
.
And
for
Bodily
Punishments
;
L.
1
p.
50.
We
allow
amongst
us
none
that
are
Inhumane
,
Barbarous
or
Cruel
.
And
no
Man
shall
be
beaten
with
above
forty
stripes
for
one
Fact
at
one
time
,
nor
shall
any
Man
be
punished
with
Whipping
,
Not
above
40
l
stripes
except
he
have
not
otherwise
to
answer
the
Law
,
unless
his
Crime
be
very
shameful
,
and
his
course
of
life
vicious
and
profligate
.
And
no
man
shall
be
forced
by
Torture
to
confess
any
Crime
against
himself
or
any
other
,
unless
it
be
in
some
Capital
case
,
No
torture
before
co●●●●tion
where
he
is
first
fully
convicted
by
clear
and
sufficient
evidence
to
be
guilty
,
after
which
if
the
case
be
of
that
nature
,
that
it
is
very
apparent
there
be
other
Conspirators
or
Confederates
with
him
,
then
he
may
be
Tortured
,
yet
not
with
such
Tortures
as
are
Barbarous
and
Inhumane
.
Records
,
Recorders
,
Clerks
.
WHereas
Records
of
the
Evidence
,
whereupon
the
Verdict
and
Judgement
in
cases
doth
pass
,
being
duely
entred
and
kept
,
would
be
of
good
use
,
both
for
●residents
,
and
to
such
as
shall
have
just
cause
to
have
their
cases
Reviewed
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
;
A
52.
p.
13.
That
every
Judgement
given
in
any
Court
,
or
by
one
Magistrate
,
L.
P.
15.
or
by
Commissioners
,
shall
be
Recorded
in
a
Book
,
and
all
the
Evidences
(
which
are
to
be
given
in
,
in
Writing
,
in
fair
and
large
Papers
)
shall
be
kept
,
and
the
party
for
whom
such
evidence
is
brought
,
shall
pay
to
the
Recorder
or
Clerk
of
the
Court
for
filing
and
safe
keeping
the
same
two
pence
for
each
evidence
;
Evidence
to
be
given
in
writing
and
the
sore
man
of
every
Jury
shall
faithfully
deliver
up
all
such
Testimonies
or
other
Writings
committed
to
them
,
To
be
kepton
●ile
unto
the
Recorder
or
Clerk
of
the
Court
,
when
they
give
in
their
Verdict
in
every
case
.
And
the
Fees
of
the
Recorder
or
Clerk
of
every
County
Court
shall
be
as
followeth
,
A.
57.
p.
21.
for
Transcribing
a
Copy
of
any
evidence
for
every
page
consisting
of
twenty
eight
or
thirty
lines
,
eight
words
in
a
line
twelve
pence
,
and
proportionable
to
eight
pence
a
page
for
what
it
doth
exceed
;
Recorders
Fees
For
entry
of
a
Mortgage
or
Sale
of
Houses
or
Lands
verbatim
,
not
exceeding
a
page
as
aforesaid
,
twelve
pence
,
and
proportionable
to
eight
pence
a
page
for
what
it
doth
exceed
;
And
for
Attesting
the
Record
on
the
Original
Deed
six
pence
,
and
in
like
manner
for
Wills
and
Inventories
,
with
six
pence
a
piece
for
filling
up
the
Original
and
safe
keeping
thereof
;
And
for
entring
an
Order
for
the
determining
of
an
Estate
of
such
as
dyed
Intestate
,
or
other
,
wherein
the
Court
is
to
give
their
approbation
or
determination
twelve
pence
,
And
for
Entry
of
the
Examination
and
Proceedings
of
this
Court
in
any
Criminal
Cases
or
Presentment
,
with
the
Judgement
of
the
Court
therein
two
shillings
and
six
pence
;
And
for
Entry
of
a
Recognizance
twelve
pence
,
to
be
paid
or
secured
in
Court
by
the
Delinquent
party
;
And
for
Entring
a
Judgement
acknowledge
twelve
pence
;
And
for
Entry
of
an
Action
one
shilling
six
pence
,
L.
2.
p.
7.
and
a
judgement
thereupon
six
pence
,
and
for
making
an
Execution
two
shillings
.
Births
,
Deaths
Marriages
2.
It
is
Ordered
;
That
the
Clerk
of
the
Writts
in
the
several
Towns
shall
Record
all
Births
and
Deaths
of
persons
in
their
Towns
,
and
for
every
Birth
and
Death
they
so
Record
,
they
shall
be
allowed
three
pence
,
and
they
shall
yearly
deliver
in
to
the
Recorder
of
the
Court
of
the
Jurisdiction
where
they
live
a
true
Transcript
thereof
,
together
with
so
many
pence
as
there
are
Births
or
Deaths
to
be
Recorded
.
Parents
,
Masters
&c.
to
certifie
the
Clerk
And
all
Parents
,
Masters
of
Servants
,
Executors
or
Administrators
respectively
,
shall
bring
in
to
the
Clerk
of
the
Writts
,
in
their
several
Towns
,
the
Names
of
such
persons
belonging
to
them
or
any
of
them
,
as
shall
either
be
Born
or
Dye
.
And
also
every
new-Married
Man
shall
likewise
bring
a
Certificate
under
the
hand
of
the
Magistrate
which
Married
him
unto
the
said
Clerk
,
to
be
by
him
Recorded
,
who
shall
be
allowed
three
pence
for
the
same
,
and
the
said
Clerk
shall
deliver
as
aforesaid
unto
the
Recorder
a
Certificate
,
with
a
penny
a
Name
for
Recording
the
said
Marriage
:
And
if
any
person
shall
neglect
to
bring
a
Note
or
Certificate
as
aforesaid
,
together
with
three
pence
a
Name
to
the
said
Clerk
of
the
Writts
to
be
Recorded
,
more
then
one
Month
after
such
Birth
,
Death
or
Marriage
,
he
shall
pay
twelve
pence
to
the
said
Clerk
,
Penalty
of
not
certifying
who
shall
demand
the
same
,
and
in
case
any
shall
refuse
to
satisfie
him
,
he
shall
then
return
the
Name
of
such
person
or
persons
to
the
next
Magistrate
or
Commissioners
of
the
Town
where
such
person
dwells
,
A.
54.
p.
24.
who
shall
send
for
the
party
so
refusing
;
And
in
case
he
shall
still
pers●st
therein
,
shall
give
Order
to
the
Constable
to
leavie
the
some
:
And
if
any
Clerk
of
the
Writts
shall
neglect
his
duty
hereby
enjoyned
,
he
shall
pay
the
following
penalties
,
viz.
for
neglecting
a
yearly
return
to
the
County
Court
five
pounds
,
Clerk
to
return
all
Births
deaths
&c.
to
the
County
Court
and
for
neglect
of
returning
the
name
of
any
person
returnable
by
this
Order
,
whether
Born
,
Married
or
Dead
,
more
then
thirty
dayes
before
his
return
to
the
County
Court
five
shillings
,
and
that
no
neglect
may
be
herein
for
the
future
,
the
Clerk
of
each
County
Court
is
hereby
enjoyned
from
time
to
time
,
to
certifie
the
County
Courts
respectively
the
Names
of
all
such
Clerks
of
the
Writts
,
who
shall
neglect
to
make
their
yearly
return
,
according
to
this
Law
,
who
upon
such
notice
given
,
shall
send
for
such
Clerks
,
and
do
in
the
case
as
the
Law
requireth
.
3.
It
is
Ordered
and
Declared
,
That
every
man
shall
have
liberty
to
Record
in
the
publick
Rolls
of
any
Court
,
L.
1.
p.
47.
any
Testimony
given
upon
Oath
in
the
same
Court
,
or
before
two
Magistrates
,
or
any
Deed
or
Evidence
legally
confirmed
,
there
to
remain
in
perpetuam
rei
memoriam
.
Liberty
to
record
testimonies
and
evidences
And
that
every
Inhabitant
of
the
Country
,
shall
have
free
liberty
to
search
and
view
any
Rolls
,
Records
or
Registers
of
any
Court
or
Office
,
to
view
publick
Records
except
of
the
Council
,
and
to
have
a
Transcript
or
Exemplification
thereof
,
Written
,
Examined
and
Signed
by
the
hand
of
the
Officer
,
paying
the
accustomed
fees
.
And
if
any
person
or
person
repairing
to
any
publick
Officer
of
this
Jurisdiction
,
to
view
any
Record
or
Writings
committed
to
his
charge
,
A.
52.
p.
9.
shall
wittingly
and
willingly
Deface
or
Rent
any
such
Record
or
Writing
,
upon
complaint
of
such
Officer
to
any
Magistrate
,
and
proof
by
Oath
of
the
said
Officer
,
or
other
sufficient
Witness
,
every
person
so
offending
shall
forfeit
by
the
party
concerned
therein
treble
the
damage
that
might
have
ensued
or
accrued
to
him
or
them
thereby
,
and
shall
also
be
fined
as
much
to
the
Country
,
Penalty
of
defacing
Records
or
suffer
two
Months
Imprisonment
without
Baile
or
Main-prize
,
or
stand
in
the
Pillory
two
hours
in
Boston
Market
,
with
a
Paper
over
his
head
written
in
Capital
Letters
,
A
DEFACER
OF
RECORDS
.
the
special
or
particular
punishment
to
be
determined
by
the
next
County
Court
where
the
Offence
was
committed
,
and
shall
also
stand
bound
to
the
good
Behaviour
,
during
the
pleasure
of
the
Court.
[
1639
,
42
,
43
,
44
,
47
,
52
,
57.
]
Directions
to
Court
Officers
to
grant
Copies
,
&c.
REsolved
upon
the
Question
,
That
the
words
Rolls
,
Records
,
or
Register
of
any
Court
or
office
contained
in
the
Printed
Laws
,
tit
.
Records
,
&c.
Sect.
3.
pag.
69.
are
to
be
Interpreted
and
understood
only
of
such
Acts
of
Court
as
concern
particular
persons
in
matters
of
Justice
,
Licence
,
Grant
or
Approbation
;
or
of
such
Laws
as
are
of
publick
concernment
.
[
1665.
]
Seasonable
transcribing
and
delivery
of
matters
of
publick
concern
by
the
Secretary
.
WHereas
by
reason
that
the
Orders
of
this
Court
,
referring
to
the
Commissionating
,
Appointing
and
Impowring
any
particular
person
or
persons
for
any
special
trust
,
negotiation
or
other
matter
as
from
time
to
time
do
arise
,
are
not
duely
and
seasonably
Transcribed
and
Delivered
to
those
concerned
therein
,
the
expectation
of
this
Court
is
many
times
disappointed
,
and
damage
to
the
publick
doth
inevitably
accrue
;
It
is
therefore
Ordered
by
this
Court
;
That
the
Secretary
,
from
time
to
time
,
To
the
Marshal
General
within
ten
dayes
after
the
end
of
every
Sessions
of
the
General
Court
,
shall
Copy
out
all
such
special
Orders
of
this
Court
as
abovesaid
,
and
deliver
the
same
to
the
Marshal
General
,
who
shall
receive
the
same
at
the
Secretaries
house
,
and
take
Order
for
the
speedy
and
certain
conveyance
thereof
,
to
those
whom
they
are
especially
directed
unto
;
And
for
such
Orders
as
do
require
a
more
speedy
dispatch
then
the
time
above
limited
,
the
Officers
above-named
shall
accordingly
hasten
the
same
.
Marshal
General
to
attend
the
Treasurers
and
Secretaries
directions
,
&c.
Also
the
Marshal
General
shall
from
time
to
time
receive
all
Warrants
that
are
to
be
sent
to
the
several
Towns
from
the
Country
Treasurer
;
as
also
the
Laws
that
are
at
any
time
to
be
published
,
either
Printed
or
Written
,
and
cause
them
to
be
delivered
according
to
the
direction
given
him
from
the
Treasurer
or
Secretary
.
[
1668.
]
REPLEVIN
.
IT
is
Ordered
and
by
this
Court
Declared
,
That
every
man
shall
have
liberty
to
Replevie
his
Chattel
or
Goods
in
pounded
,
Distreined
,
Seized
or
Extended
,
unless
it
be
upon
Execution
after
Judgement
,
and
in
payment
of
fines
;
Provided
he
put
in
good
Security
to
prosecute
the
Replevin
,
and
to
satisfie
such
Demand
as
his
Adversary
shall
recover
against
him
in
Law
.
[
1641.
]
SABBATH
.
UPon
Information
of
sundry
Abuses
and
Misdemeanours
committed
by
divers
Persons
on
the
Lords-day
,
A.
53.
p.
18.
not
only
by
Children
playing
in
the
Streets
and
other
places
;
But
by
Youths
,
Maids
and
other
persons
,
both
Strangers
and
others
,
uncivity
walking
in
the
Streets
and
Fields
,
travailing
from
Town
to
Town
,
going
on
Ship
board
,
frequenting
Common
Houses
and
other
places
to
Drink
,
Sport
or
otherwise
to
m●spend
that
precious
time
,
which
thing
tends
much
to
the
Dishonour
of
God
,
the
Reproach
of
Religion
,
Gr●●ring
the
Souls
of
Gods
Servants
,
and
the
Irephanation
of
his
Holy
Sabbath
,
the
Sanctification
whereof
is
sometimes
put
for
all
Duties
,
immediately
respecting
the
service
of
God
contained
in
the
first
Table
;
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
,
That
no
Children
,
Youth
,
Maids
or
other
persons
shall
transgress
in
the
like
kinde
,
on
penalty
of
being
reputed
great
provokers
of
the
high
displeasure
of
the
Almighty
God
,
Prophaness
of
the
Sabbath
and
further
incurre
the
penalty
hereafter
expressed
,
viz.
That
the
Parents
and
Governours
of
all
Children
above
seaven
years
old
,
(
not
that
we
approve
younger
Children
in
evil
)
for
the
first
offence
in
that
kinde
,
Penalty
upon
due
proof
before
any
Magistrate
;
Commissioner
or
Select●man
of
the
Town
where
such
offence
shall
be
committed
,
shall
be
Admonished
;
For
a
second
offence
,
upon
due
proof
as
aforesaid
,
shall
pay
as
a
fine
five
shillings
;
And
for
a
third
offence
,
upon
due
proof
as
aforesaid
ten
shillings
;
And
if
they
shall
again
offend
in
that
kinde
,
they
shall
be
presented
to
the
County
Court
,
who
shall
augment
punishment
according
to
the
merit
of
the
Fact
.
And
for
all
Youths
and
Maids
above
fourteen
years
old
,
and
all
elder
persons
whatsoever
,
that
shall
offend
and
be
convict
as
aforesaid
,
either
for
Playing
,
uncivil
Walking
,
Drinking
,
Travailing
from
Town
to
Town
,
going
on
Ship
board
,
Sporting
,
or
any
way
mispending
that
precious
time
;
shall
for
the
first
offence
be
admonished
,
upon
due
proof
as
aforesaid
,
for
a
second
Offence
,
shall
pay
as
a
fine
five
shillings
,
and
for
the
third
offence
ten
shillings
;
And
if
any
shall
further
offend
that
way
,
they
shall
be
bound
over
to
the
next
County
Court
,
who
shall
augment
punishment
according
to
the
nature
of
the
offence
:
And
if
any
be
unable
or
unwilling
to
pay
the
aforesaid
fines
,
they
shall
be
whipped
by
the
Constable
,
not
exceeding
five
stripes
for
ten
shillings
fine
,
and
this
to
be
understood
of
such
offences
as
shall
be
committed
during
the
Day-light
of
the
Lords
day
.
[
1653
]
2.
Whereas
by
too
sad
experience
,
it
is
observed
,
the
Sun
being
set
,
both
every
Satterday
,
and
on
the
Lords-day
,
A.
52
young
people
and
others
take
liberty
to
walk
and
sport
themselves
in
the
streets
or
fields
,
in
the
several
Towns
of
this
Jurisdiction
,
to
the
Dishonour
of
God
,
and
the
Disturbance
of
others
in
their
Religious
exercises
,
and
too
frequently
repair
to
publick
Houses
of
Entertainment
,
and
there
sit
Drinking
,
all
which
tends
not
only
to
the
hindring
of
due
preparation
for
the
Sabbath
,
but
as
much
as
in
them
lyeth
renders
the
Ordinances
of
God
unprofitable
,
and
threatens
the
rooting
out
of
the
power
of
Godliness
,
and
procuring
the
wrath
and
judgement
of
God
upon
us
and
our
posterity
;
For
prevention
whereof
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
if
any
person
or
persons
henceforth
,
either
on
the
Satter-day-night
,
Drinking
in
Ordi●●●ies
●●●er
Sun
set
or
on
the
Lords-day-night
,
after
the
Sun
is
set
,
shall
be
found
sporting
in
the
streets
or
fields
of
any
Town
in
this
Jurisdiction
,
Drinking
,
or
being
in
any
House
of
publick
Entertainment
(
unless
Strangers
or
Sojourners
in
their
Lodgings
)
and
cannot
give
a
satisfactory
Reason
to
such
Magistrate
or
Commissioner
in
the
several
Towns
as
shall
have
the
cognizance
thereof
:
Penalty
Every
such
person
so
found
complained
of
,
and
proved
transgressing
,
shall
pay
five
shillings
for
every
such
Transgression
,
or
suffer
Corporal
punishment
as
Authority
aforesaid
shall
determine
.
[
1658.
]
THis
Court
being
sensible
,
that
through
the
wicked
practises
of
many
persons
,
who
do
prophane
Gods
Holy
Sabbaths
,
and
contemn
the
publick
Worship
of
his
House
,
the
Name
of
God
is
greatly
dishonoured
,
and
the
Profession
of
his
People
here
greatly
scandalized
,
as
tending
to
all
Prophaneness
and
Irreligion
;
As
also
that
by
reason
of
the
late
Order
of
Octob.
20.
1663.
remitting
the
fines
imposed
on
such
to
the
use
of
the
several
Towns
,
the
Laws
made
for
reclaiming
such
Enormities
are
become
ineffectual
;
Do
therefore
Order
and
Enact
;
That
henceforth
all
fines
imposed
according
to
Law
for
Prophanation
of
the
Sabbath
,
Contempt
or
Neglect
of
Gods
publick
Worship
,
Reproaching
of
the
Laws
,
and
Authority
here
Established
according
to
His
Majesties
Charter
,
All
f●ne
:
for
P●●p●●●●●ion
of
t●e
S●●●●●
〈◊〉
formerly
to
●●e
to
the
●ounties●
&c.
shall
be
to
the
use
of
the
several
Counties
,
as
formerly
;
Any
thing
in
the
abovesaid
Law
to
the
contrary
notwithstanding
.
And
in
case
any
person
or
persons
so
sentenced
,
do
neglect
or
refuse
to
pay
such
Fine
or
Mulcts
as
shall
be
legally
imposed
on
them
,
or
give
Security
in
Court
to
the
Treasurer
for
payment
thereof
,
every
such
person
or
persons
so
refusing
or
neglecting
to
submit
to
the
Courts
Sentence
,
shall
for
,
such
his
Contempt
be
Corporally
punished
,
according
as
the
Court
that
hath
cognizance
of
the
case
shall
determine
:
And
where
any
are
Corporally
punished
,
their
sines
shall
be
remitted
.
[
1665.
]
FOr
the
better
Prevention
of
the
Breach
of
the
Sabbath
;
It
is
Enacted
by
this
Court
and
the
Authority
thereof
;
That
no
servile
work
shall
be
done
on
that
day
,
namely
,
such
as
are
not
works
of
Piety
,
Sabbath-breakers
of
Charity
,
or
of
Necessity
,
and
when
other
works
are
done
on
that
day
,
the
persons
so
doing
,
upon
Complaint
or
Presentment
,
being
legally
convicted
thereof
before
any
Magistrate
or
County
Court
,
shall
pay
for
the
first
offence
ten
shillings
fine
,
and
for
every
offence
after
to
be
doubled
;
and
in
case
the
offence
herein
be
circumstanced
with
Prophaness
,
or
high
handed
Presumption
,
the
penalty
is
to
be
augmented
at
the
discretion
of
the
Judges
.
As
an
addition
to
the
Law
,
for
preventing
Prophaning
the
Sabbath
day
,
by
doing
servile
work
;
This
Court
doth
Order
;
That
whatsoever
person
in
this
Jurisdiction
shall
Travail
upon
the
Lords-day
,
either
on
Horse-back
or
on
Foot
,
or
by
Boats
,
from
,
or
out
of
their
own
Town
,
to
any
unlawful
Assembly
or
Meeting
,
not
allowed
by
Law
;
are
hereby
declared
to
be
Prophaners
of
the
Sabbath
,
and
shall
be
provided
against
as
the
persons
that
Prophane
the
Lords-day
,
by
doing
servile
work
.
[
1668.
]
SAILERS
.
WHereas
many
Miscarriages
are
committed
by
Saylers
,
L.
2.
P.
14.
by
their
immoderate
Drinking
,
and
other
vain
expences
in
Ordinaries
,
which
oftentimes
occasions
prejudice
and
damage
to
the
Masters
and
Owners
of
the
Vessels
to
which
they
belong
,
their
men
being
oftentimes
Arrested
for
Debts
so
made
when
their
Ships
are
ready
to
set
saile
;
For
Prevention
whereof
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
no
Inne-keeper
,
Victualler
or
other
,
Seller
of
Wine
,
Beer
or
Strong
Liquors
,
shall
after
publication
hereof
,
Arrest
,
Attach
,
or
recover
by
Law
,
any
Debt
or
Debts
so
made
by
any
Sayler
or
Saylors
as
aforesaid
,
except
the
Master
or
Owner
of
such
Ship
or
Vessel
to
whom
such
Saylers
belongs
,
have
given
under
his
hand
to
discharge
the
same
;
Any
Law
,
Use
or
Custome
to
the
contrary
notwithstanding
.
SALT
.
UPon
Information
given
to
this
Court
of
great
damage
accruing
,
both
to
Merchants
and
others
,
by
reason
no
meet
persons
are
appointed
for
to
measure
Salt
from
such
Ships
as
arrive
in
our
several
Harbours
;
This
Court
doth
therefore
Order
and
Enact
;
That
there
shall
be
in
every
Maritime
Town
,
within
this
Jurisdiction
,
one
meet
person
appointed
by
the
Town
from
time
to
time
,
who
shall
diligently
attend
this
service
,
upon
due
notice
given
by
either
party
concerned
therein
;
S●lt
to
be
measured
and
the
same
truely
and
faithfully
to
discharge
,
for
which
he
shall
be
allowed
three
half
pence
for
every
Hogshead
,
the
one
half
to
be
paid
by
the
Buyer
and
the
other
half
by
the
Seller
;
And
what
Masters
of
Ships
or
other
Vessels
,
or
Merchants
,
shall
fail
in
the
observation
of
this
Order
,
he
or
they
shall
forfeit
to
the
Country
two
shillings
for
every
Tunne
so
disposed
of
,
unless
the
parties
shall
otherwise
agree
.
SALT-PEETER
.
WHereas
this
Court
hath
Encouraged
and
Authorized
some
Persons
to
make
Gun-Powder
,
and
have
promised
to
enable
them
thereunto
,
by
such
Publick
and
Necessary
Orders
as
may
conduce
to
the
effecting
the
same
;
The
consideration
whereof
hath
moved
the
Court
hereby
to
Order
and
Enact
,
Select-men
to
make
Orders
with
penalty
to
propagate
Salt-Peeter
,
&c.
That
the
Select-men
of
every
Town
(
where
the
Powder-makers
Authorized
by
this
Court
shall
desire
it
)
be
Authorized
and
Required
hereby
to
make
and
execute
such
Orders
in
their
respective
Towns
as
they
shall
judgde
meet
(
with
the
advice
of
skilful
persons
)
for
increasing
and
procuring
of
Salt-Peeter
,
and
to
impose
such
penalties
as
the
Select-men
shall
see
meet
,
not
exceeding
ten
shillings
for
one
offence
,
upon
all
persons
that
shall
neglect
or
refuse
to
perform
such
Order
or
Orders
for
the
propagating
and
increasing
of
Salt
Peeter
in
their
respective
Towns
:
And
Moreover
the
said
Select-men
are
further
Impowred
to
choose
and
appoint
an
Officer
or
Officers
,
and
to
allow
him
a
convenient
stipend
Annually
for
his
pains
out
of
the
fines
or
otherwise
,
to
look
to
the
executing
such
Orders
as
they
shall
make
in
that
behalf
.
And
it
is
further
Ordered
;
That
such
Select
men
,
who
shall
neglect
or
refuse
to
make
,
and
effectually
Execute
such
necessary
Orders
as
shall
conduce
to
the
ends
aforesaid
,
they
shall
be
Presented
at
the
Court
of
that
County
,
and
there
be
fined
for
their
neglect
,
at
the
discretion
of
the
Court
,
nor
exceeding
five
pounds
for
one
offence
;
And
this
Law
to
be
put
in
Execution
forthwith
after
the
publication
thereof
,
and
this
to
continue
during
the
Courts
pleasure
.
[
1666.
]
Seal-Publick
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
the
Governour
for
the
time
being
,
or
any
other
Officer
to
whom
the
custody
of
the
Publick-Seal
is
committed
,
do
affix
the
publick-Seal
unto
all
Commissions
for
Military
Officers
,
and
to
all
other
Commissions
and
Writings
of
publick
concernment
,
that
shall
issue
forth
from
this
Court
or
the
Council
without
paying
any
thing
for
the
Seal
;
And
the
Secretary
for
the
time
,
shall
write
and
procure
the
Seal
to
be
affixed
,
and
deliver
the
said
Commissions
and
other
publick
Instruments
to
the
parties
concerned
;
and
for
his
Fees
of
Writing
and
Wax
,
he
is
allowed
one
shilling
for
every
Commission
or
other
publick
Instruments
,
to
be
paid
by
the
Treasurer
of
the
Country
;
And
this
Law
to
be
in
force
,
any
Law
,
Custome
or
Usage
to
the
contrary
notwithstanding
.
[
1664.
]
SCHOOLS
.
IT
being
one
chief
project
of
Sathan
to
keep
men
from
the
knowledge
of
the
Scripture
,
as
in
former
times
,
keeping
them
in
unknown
Tongues
,
so
in
th●se
latter
times
,
by
perswad●ng
from
the
use
of
Tongues
,
that
so
at
least
the
true
sense
and
meaning
of
the
Original
might
be
clou●ed
and
corrupted
with
false
glosses
of
Deceivers
;
to
the
end
that
Learning
may
not
be
buried
in
the
Graves
of
our
fore
Fathers
,
●n
Church
and
Common-wealth
,
the
Lord
assisting
our
endeavours
;
Schools
in
towns
of
50
Families
It
is
therefore
Ordered
by
this
Court
and
Authority
thereof
;
That
every
Town
ship
within
this
Jurisdiction
,
after
the
Lord
hath
increased
them
to
the
number
of
fifty
House-holders
,
shall
then
forthwith
appoint
one
within
their
Towns
,
to
teach
all
such
Children
as
shall
resort
to
him
to
Write
and
Read
,
how
maintained
whose
Wages
shall
be
paid
either
by
the
Parents
or
Masters
of
such
Children
,
or
by
the
Inhabitants
in
general
,
by
way
of
supply
,
as
the
major
part
of
those
that
Order
the
prudentials
of
the
Town
shall
appoint
;
Provided
that
those
which
send
their
Children
be
not
oppressed
by
paying
much
more
then
they
can
have
them
taught
for
in
other
Towns
.
Grammar
school
2.
And
it
is
further
Ordered
,
That
where
any
Town
shall
increase
to
the
number
of
one
hundred
Families
or
House-holders
,
they
shall
set
up
a
Grammar
School
,
the
Master
thereof
being
able
to
Instruct
Youth
so
far
as
they
may
be
fitted
for
the
University
:
And
if
any
Town
neglect
the
performance
hereof
above
one
year
,
Towns
neglect
,
to
pay
●●ll
per
Annum
to
the
next
School
then
every
such
Town
shall
pay
five
pounds
per
Annum
to
the
next
such
School
,
till
they
shall
perform
this
Order
.
3.
Forasmuch
as
it
greatly
concerns
the
welfare
of
this
Cou●try
,
that
the
Youth
thereof
the
Educated
,
A.
54.
p.
1.
not
only
in
good
Litterature
,
but
in
sound
Doctrine
;
Retrodox
School
Master
not
to
be
allowed
This
Court
doth
therefore
commend
it
to
the
serious
consideration
,
and
special
care
of
our
Overseers
of
the
Colledge
,
and
the
Select
men
in
the
several
Towns
,
not
to
admit
or
suffer
any
such
to
be
continued
in
the
Office
or
Place
of
Teaching
,
Educating
or
Instructing
Youth
or
Children
,
in
the
Colledge
or
Schools
,
that
have
manifested
themselves
unfound
in
the
Faith
,
or
scandalous
in
their
Lives
,
and
have
not
given
satisfaction
according
to
the
Rules
of
Christ
.
WHereas
the
Law
requires
every
Town
consisting
of
one
hundred
Families
or
upwards
to
set
up
a
Grammar
School
and
appoint
a
Master
thereof
,
able
to
instruct
Youth
,
so
as
to
fit
them
for
the
Colledge
;
and
upon
neglect
thereof
the
said
Town
is
to
pay
five
pounds
per
Annum
to
the
next
Latin
School
,
until
they
shall
perform
that
Order
;
A
Grammar
School
to
be
Towns
of
100
Families
The
Court
upon
weighty
Reasons
judge
meet
to
Declare
and
Order
;
That
every
Town
of
one
Hundred
Families
and
upwards
,
that
shall
neglect
or
omit
to
keep
a
Grammar
School
,
as
is
provided
in
that
Law
,
such
Towns
shall
pay
ten
pounds
per
Annum
unto
the
next
Town
School
that
is
settled
according
to
that
Law
.
[
1671.
]
SELF-MVRTHER
.
THis
Court
considering
how
far
Satan
doth
prevail
upon
several
persons
within
this
Jurisdiction
,
to
make
away
themselves
,
judgeth
that
God
calls
them
to
bear
testimony
against
such
wicked
and
unnatural
practises
,
that
others
may
be
deterred
therefrom
;
Self
murders
denied
ordinary
burials
Do
therefore
Order
,
That
from
henceforth
,
if
any
person
Inhabitant
or
Stranger
,
shall
at
any
time
be
found
by
any
Jury
to
lay
violent
hands
on
themselves
,
or
be
wilfully
guilty
of
their
own
Death
,
every
such
person
shall
be
denied
the
priviledge
of
being
Buried
in
the
Common
Burying
place
of
Christians
,
but
shall
be
Buried
in
some
Common
High-way
where
the
Select-men
of
the
Town
where
such
person
did
inhabit
shall
appoint
,
and
a
Cart-load
of
Stones
laid
upon
the
Grave
as
a
Brand
of
Infamy
,
and
as
a
warning
to
others
to
beware
of
the
like
Damnable
practises
.
[
1660
]
SHEEP
.
WHereas
the
keeping
of
Sheep
tends
much
to
the
benefit
of
the
Country
,
and
may
in
short
time
make
good
supply
towards
the
cloathing
of
the
Inhabitants
if
carefully
preserved
;
L.
2.
p.
14.
and
forasmuch
as
all
places
are
not
fit
and
convenient
for
that
end
;
Liberty
to
keep
Sheep
on
all
Commons
It
is
Ordered
by
this
Court
;
That
henceforth
it
shall
be
lawful
for
any
man
to
keep
Sheep
on
any
Common
,
be
it
for
Cows
,
Oxen
or
otherwise
,
belonging
to
the
Town
where
he
lives
,
or
where
at
that
time
he
may
have
Right
of
Common
and
that
without
limitation
,
Five
sheep
for
one
Cow
in
Commons
not
stinted
,
and
in
such
Commons
that
are
stinted
,
it
shall
be
lawful
for
any
Inhabitant
to
use
any
or
all
his
proportion
of
Common
for
Sheep
,
accounting
five
Sheep
for
one
Cow
,
Steer
or
Oxe
;
and
further
,
it
shall
be
lawful
for
the
Select-men
of
every
Town
from
time
to
time
,
A.
56.
p.
12.
to
make
such
Orders
in
their
respective
Towns
,
Select-men
to
Order
clearing
of
Commons
for
sheeps
pasture
for
the
clearing
of
their
Commons
of
Wood
and
Brush
,
for
keeping
of
Sheep
,
as
also
for
the
fines
of
putting
Rams
to
their
Flocks
,
as
they
shall
judge
meet
.
2.
It
is
further
Ordered
;
That
if
any
man
shall
course
Sheep
with
a
Dog
,
or
otherwise
molest
them
,
by
driving
them
from
their
feeding
,
he
shall
pay
five
shillings
for
every
such
offence
,
Dogs
killing
sheep
to
be
hanged
besides
double
damages
,
and
if
any
dog
shall
kill
any
sheep
,
the
Owner
shall
either
hang
such
dog
,
or
pay
double
damages
for
the
sheep
,
and
if
any
dog
hath
been
seen
to
course
or
bite
Sheep
before
,
not
being
set
on
,
and
his
Owner
hath
had
notice
thereof
,
then
he
shall
both
hang
his
dog
,
and
pay
for
such
Sheep
as
he
shall
either
bite
or
kill
;
And
if
in
such
case
he
shall
refuse
to
hang
his
dog
,
then
the
Constable
of
the
Town
upon
notice
thereof
,
shall
forthwith
cause
it
to
be
done
.
3.
It
is
further
Ordered
;
A.
53.
p.
18.
That
all
Owners
of
Sheep
,
who
shall
put
their
Wool
so
sale
,
sheep
to
be
washed
before
shorn
,
shall
,
and
hereby
are
enjoyned
yearly
to
wash
their
Sheep
in
clear
water
,
not
being
either
salt
,
brackish
or
dirty
,
and
shall
take
care
they
be
not
kept
in
dirty
or
sandy
Ground
,
wool
to
be
made
up
clean
between
the
time
of
washing
and
shearing
;
And
in
making
up
the
Fleeces
to
take
care
no
short
Locks
,
Lumps
of
dirt
,
or
course
Tails
be
wound
up
therein
,
upon
the
penalty
of
forfeiture
of
twelve
pence
a
Sheep
for
all
and
every
defect
aforesaid
.
[
1648
,
53
,
56.
]
Ships
,
Ship-Carpenters
.
WHereas
the
building
of
Ships
is
a
business
of
great
Importance
for
the
Common
good
,
and
therefore
suitable
care
ought
to
be
taken
,
that
it
be
well
performed
,
according
to
the
commendable
course
of
England
and
other
places
;
Surveyors
appointed
to
view
all
ships
in
building
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
;
That
when
any
Ship
is
to
be
Built
within
this
Jurisdiction
,
or
any
Vessel
above
thirty
Tunns
,
the
Owner
,
or
Builder
in
his
absence
,
shall
before
they
begin
to
Plank
,
repair
to
the
Governour
or
Deputy
Governour
,
or
any
two
Magistrates
,
upon
the
penalty
of
ten
pounds
,
who
shall
appoint
some
able
man
to
survey
the
Work
and
Workmen
from
time
to
time
,
as
is
usual
in
England
,
and
the
same
so
appointed
,
shall
have
such
liberty
and
power
as
belongs
to
his
Office
.
Their
power
And
if
any
Ship-Carpenter
shall
not
upon
his
Advice
,
Reform
and
Amend
any
thing
which
he
shall
finde
to
be
amiss
,
then
upon
complaint
to
the
Governour
,
or
Deputy
Governour
,
or
any
two
Magistrates
,
they
shall
appoint
two
of
the
most
sufficient
Ship-Carpenters
of
this
Jurisdiction
,
and
shall
Authorize
them
from
time
to
time
,
as
need
shall
require
,
to
take
view
of
every
such
Ship
and
all
works
thereto
belonging
,
and
to
see
that
it
be
performed
and
carried
on
according
to
the
Rules
of
their
Art
.
And
for
this
end
an
Oath
shall
be
Administred
to
them
,
Oath
to
be
faithful
and
indifferent
between
the
Owner
and
the
Work-man
,
and
their
charges
shall
be
born
by
such
as
shall
be
found
in
default
:
Clarges
And
those
Viewers
shall
have
power
to
cause
any
bad
Timbers
,
or
other
insufficient
Work
or
Materials
to
be
taken
out
and
amended
at
the
charge
of
them
through
whose
default
it
grows
.
[
1641
,
47.
]
2.
It
is
Ordered
by
the
Authority
of
this
Court
;
That
all
Ships
which
come
for
Trading
only
from
other
parts
,
shall
have
free
access
into
our
Harbours
,
and
quiet
Riding
there
,
Repealed
.
and
free
liberty
to
depart
without
any
molestation
by
us
,
they
paying
all
such
duties
and
charges
required
by
Law
in
the
Country
,
as
others
do
.
[
1645.
]
THis
Court
having
perused
and
considered
the
Letter
received
from
his
Majesties
most
Honourable
Privy
Council
,
dated
the
24
of
June
last
,
relating
to
an
Act
of
Parliament
,
Entituled
,
An
Act
for
the
Encouraging
and
Increasing
of
Shipping
and
Navigation
;
As
an
Addition
and
Explanation
of
former
Orders
made
by
this
Court
concerning
these
Affairs
;
Officers
Authorized
about
shipping
It
is
hereby
Ordered
and
Enacted
;
That
the
several
Officers
hereafter
mentioned
,
are
hereby
Deputed
and
Authorized
to
see
that
the
said
Act
be
performed
,
so
far
as
it
concerns
the
Government
of
this
Plantation
,
both
in
seizing
Ships
or
Vessels
inhibibited
by
the
said
Act
to
Trade
here
,
taking
Bonds
of
all
Ships
and
Vessels
that
Lades
in
our
Ports
any
Commodities
expressed
in
the
said
Act
,
of
the
Growth
,
Product
or
Manusactory
of
the
English
Plantations
,
who
shall
not
produce
certificate
that
they
have
given
Bond
already
as
the
said
Act
requireth
.
And
in
case
of
neglects
or
contempt
,
to
seize
such
Vessels
or
Ships
that
Lades
the
aforesaid
Goods
without
giving
Bond
or
shewing
Certificates
:
and
to
keep
accounts
of
all
such
Ships
and
Vessels
,
with
the
Names
of
the
Masters
,
that
Lades
here
as
aforesaid
,
and
return
an
account
twice
every
year
,
with
Copies
of
the
said
Bonds
and
Certificates
unto
the
Governour
for
the
time
being
,
by
him
to
be
transmitted
to
London
,
directed
to
the
chief
Officer
there
.
The
Officers
appointed
are
as
followeth
;
-
For
the
Ports
of
Boston
and
Charlstown
,
Mr.
Edward
Rawson
.
Their
Names
-
For
Salem
,
Marble-head
and
Glocester
,
Mr.
Hilliard
Veren
.
-
For
the
River
of
Pascataqua
and
Isle
of
Shoals
,
and
Ports
adjacent
,
Captain
Brian
Pendleton
.
The
Fees
they
are
Authorized
to
take
of
every
Ship-Master
,
are
-
For
taking
Bond
,
and
Transcribing
the
Copy
five
shillings
.
-
For
Receiving
and
Entring
a
Certificate
,
And
F●e●
two
shillings
six
pence
.
-
For
giving
Certificate
,
and
Recording
it
,
two
shillings
six
pence
;
-
Their
part
of
seizures
as
the
said
Act
directeth
.
And
that
all
imployed
in
this
trust
,
do
from
time
to
time
make
return
of
all
Bonds
and
Certificates
by
them
passed
to
Mr.
Rawson
,
who
by
the
Governours
Advice
shall
make
return
thereof
for
England
,
as
the
Act
of
Parliament
requireth
:
Bonds
of
Ship-Masters
,
&c.
And
that
Mr
Rawson
do
from
time
to
time
present
the
Council
of
this
Common-weal
,
or
in
default
thereof
the
Court
of
Assistants
,
with
true
Accounts
of
all
Bonds
and
Certificates
,
and
Copies
of
all
Letters
that
he
shall
send
for
England
,
in
any
wise
referring
to
this
matter
.
Moreover
it
is
Ordered
;
That
the
Secretary
take
special
care
forthwith
to
send
by
the
first
oportunity
four
Copies
of
the
Councils
,
and
one
of
the
Copies
of
the
Act
of
Parliament
relating
thereunto
,
to
the
four
General
Governments
of
New-England
,
viz.
Plimouth
,
Connecticot
,
New-Haven
,
and
Road
Island
.
[
1663.
]
Penalty
for
drinking
healths
&c.
in
ships
or
vessels
BE
it
also
Enacted
by
the
Authority
of
this
Court
;
That
no
Masters
of
Ships
,
or
Seamen
,
having
their
Vessels
Riding
within
any
of
our
Harbours
in
this
Jurisdiction
,
shall
presume
to
Drink
Healths
,
or
suffer
any
Healths
to
be
drunk
within
their
Vessels
by
day
or
night
,
or
to
shoot
off
any
Gun
after
the
Day-light
is
past
,
or
on
the
Sabbath-day
,
on
penalty
for
every
Health
twenty
shillings
,
and
for
every
Gun
so
shot
twenty
shillings
.
And
the
Captain
of
the
Castle
is
hereby
enjoyned
to
give
notice
of
this
Order
to
all
Ships
that
pass
by
the
Castle
.
[
1663.
]
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
all
Ships
and
Vessels
above
Twenty
Tuns
,
that
Trade
within
our
Ports
belonging
to
other
places
;
Ships
of
Burden
to
pay
half
a
pound
of
Powder
the
Tun
or
that
the
greater
part
of
the
Owners
thereof
,
are
not
Inhabitants
of
this
Jurisdiction
,
shall
pay
half
a
pound
of
Gun
powder
,
or
the
full
value
thereof
in
money
,
for
every
Tun
of
Burthen
they
are
of
,
every
Voyage
they
make
hither
,
towards
Provisions
for
Publick
Fortifications
,
which
is
to
be
paid
to
the
persons
hereafter
named
,
or
to
whom
they
shall
Depute
under
their
hands
.
-
For
the
Ports
of
Boston
and
Charls-town
Major
General
Leveret
.
-
For
Salem
and
Marble-head
,
Major
William
Hauthorn
.
-
For
Pascataqua
River
,
Mr.
Richard
Cutts
.
And
in
case
if
Master
or
Commander
of
any
such
Ships
or
Vessels
shall
refuse
upon
Demand
to
pay
the
same
,
it
shall
be
lawful
for
the
said
Gentlemen
,
or
any
one
of
them
to
send
forth
their
Warrants
to
any
Marshal
or
Constable
,
to
Distrein
upon
the
Goods
of
such
Master
or
Commander
,
or
on
any
of
the
Appurtinencies
of
their
Vessels
for
the
same
,
with
the
charges
thereof
;
And
the
Gentlemen
appointed
as
aforesaid
,
shall
be
accountable
to
the
General
Court
when
called
thereunto
,
for
what
they
shall
receive
by
virtue
of
this
Order
,
and
are
to
deliver
the
Powder
or
Money
they
have
in
their
Hands
once
every
year
or
oftener
unto
the
Surveyor
General
,
excepting
one
shilling
out
of
every
twenty
shillings
they
shall
receive
,
which
shall
be
allowed
them
for
Defraying
their
necessary
charges
thereabout
.
[
1667.
]
TO
prevent
Calumny
,
Reproach
and
Prejudice
to
this
Colony
and
the
Inhabitants
,
and
Trade
thereof
;
All
trade
〈…〉
It
is
Ordered
;
That
no
person
shall
henceforth
Trade
or
Truck
with
any
Vessel
that
shall
Arrive
upon
our
Coast
,
until
the
same
shall
come
under
command
,
and
ride
in
our
usual
Harbours
,
and
have
acknowledged
the
Government
as
the
Law
provides
,
upon
the
penalties
of
all
such
Goods
Traded
,
and
such
further
punishment
as
the
Court
of
Assistants
shall
adjudge
.
[
1670.
]
SPINNING
.
THis
Court
taking
into
serious
Consideration
the
present
streights
and
necessities
of
the
Country
,
in
respect
of
Cloathing
,
A.
55.
p.
11.
which
is
not
like
to
be
so
plentifully
supplied
from
forreign
parts
as
in
times
past
,
and
not
knowing
any
better
way
or
means
conduceable
to
ou●
subsistance
,
then
the
improving
of
as
many
hands
as
may
be
in
Spinning
Wool
,
Cotton
,
Flax
,
&c.
Select
men
to
appoint
how
much
each
sa●nily
mall
Sp●●
Doth
therefore
Order
,
and
be
it
Ordered
by
the
Authority
of
this
Court
;
That
all
hands
not
necessarily
imployed
on
other
occasions
,
as
Women
,
Girls
and
Boyes
;
shall
and
hereby
are
enjoy●ed
to
Spin
according
to
their
skill
and
ability
;
and
that
the
Select
men
in
every
Town
do
consider
the
condition
and
capacity
of
every
family
,
and
accordingly
do
assess
them
at
one
or
more
Spinners
;
And
because
several
Families
are
necessarily
imployed
the
greatest
part
of
their
time
in
other
business
,
yet
if
opportunities
were
attended
,
s●me
time
might
be
spared
,
at
least
by
some
of
them
for
this
work
;
The
said
Select
Men
shall
therefore
Assess
such
Families
at
half
and
quarter
Spinners
,
according
to
their
capacities
.
And
every
one
thus
aforesaid
,
for
a
whole
Spinner
,
shall
for
time
to
come
,
Spin
every
Year
for
thirty
Weeks
,
three
pound
a
Week
of
Linnen
,
Cotton
or
Woollen
,
and
so
proportionably
for
half
and
quarter
Spinners
,
under
the
penalty
of
twelve
pence
a
pound
short
.
And
the
Select
Men
shall
take
special
care
for
the
Execution
of
the
Order
,
which
may
easily
be
effected
by
dividing
their
several
Towns
into
ten
,
six
,
five
,
&c.
parts
,
and
to
appoint
one
of
the
ten
,
six
or
five
,
&c.
to
take
an
account
of
their
Divisions
,
and
to
certifie
the
Select
Men
,
if
any
be
defective
in
what
they
are
Assessed
,
who
shall
improve
the
penalties
imposed
on
such
as
are
negligent
,
for
the
encouragement
of
those
that
are
diligent
in
this
work
,
[
1655.
]
STRAYES
.
Einders
of
goods
to
give
notice
to
the
Const.
to
cry
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
whosoever
shall
take
up
any
Stray
Beast
,
or
finde
any
Goods
lost
,
whereof
the
Owner
is
not
known
,
he
shall
give
notice
thereof
to
the
Constable
of
the
same
Town
,
within
six
dayes
,
who
shall
enter
the
same
in
a
Book
,
and
take
Order
that
it
be
cryed
at
their
next
Lecture
or
General
Town-meeting
,
upon
three
several
dayes
;
And
if
it
be
above
twenty
shillings
value
,
at
the
next
Market
or
two
next
Towns
publick
Meetings
where
no
Market
is
within
ten
miles
,
upon
pain
that
the
party
so
finding
,
and
the
said
Constable
having
such
notice
and
failing
to
do
as
is
here
appointed
,
to
forfeit
either
of
them
for
such
default
,
one
third
y●●t
of
the
value
of
such
Stray
or
lost
Goods
:
Einders
to
opprize
&
Record
lost
goods
And
if
the
finder
shall
not
give
notice
as
aforesaid
,
within
one
Month
,
or
if
he
keep
it
more
then
three
Months
and
shall
not
apprize
it
by
indifferent
men
,
and
also
Record
it
with
the
Recorder
of
the
County
Court
where
it
is
found
,
he
shall
then
forfeit
the
full
value
thereof
:
Restore
the
goods
if
the
Owner
appear
in
a
year
And
if
the
Owner
appeareth
within
one
Year
after
such
Publication
,
he
shall
have
restitution
of
the
same
,
or
the
value
thereof
,
paying
all
necessary
charges
,
and
to
the
Constable
for
his
care
and
pains
,
as
one
of
the
next
Magistrates
,
or
the
three
Commissioners
of
the
Town
shall
adjudge
.
And
if
no
Owner
appear
within
the
time
prefixed
,
the
said
Stray
or
lost
Goods
shall
be
to
the
use
of
the
finder
,
paying
to
the
Constable
ten
shillings
,
or
the
fifth
part
of
the
value
of
such
Stray
or
lost
Goods
,
at
the
finders
choice
.
And
it
is
Ordered
;
That
every
such
finder
shall
put
and
keep
from
time
time
a
Wyth
or
Wreath
about
the
neck
of
every
such
Stray
Beast
within
one
Moneth
after
such
finding
,
Stray
beast
to
have
a
Wyth
about
the
neck
upon
penalty
of
loosing
all
his
charges
that
shall
arise
about
it
afterwards
,
(
provided
that
no
person
shall
from
the
first
of
April
to
the
twentieth
of
December
,
take
up
any
Herse
Gelding
or
Mare
for
a
Stray
,
or
account
or
use
them
as
Strayes
,
though
the
Owner
thereof
be
not
known
;
Taking
off
the
Wyth
,
or
taking
away
the
beast
forfeit
the
value
unless
it
be
taken
Damage
feizant
in
inclosures
)
Provided
also
,
that
if
any
Owner
or
other
,
shall
take
off
such
Wyth
or
Wreath
,
or
take
away
such
Beast
before
he
hath
discharged
according
to
this
Order
,
he
shall
forfeit
the
full
value
of
the
thing
(
apprized
as
aforesaid
)
to
the
use
of
the
finder
.
[
1647.
]
AS
an
Addition
and
Explanation
of
the
Law
tit.
Strayes
;
This
Court
finding
that
several
inconveniences
and
troubles
do
arise
about
Strayes
,
Chattel
and
Horses
,
&c.
and
that
the
temptation
may
be
too
great
on
some
persons
in
remote
Towns
and
Farms
,
Addition
to
the
Law
of
Strayes
.
to
take
up
Chattel
,
&c.
and
make
Strayes
of
them
,
the
whole
benefit
redounding
to
themselves
;
‛
This
Court
doth
Order
for
the
time
to
come
,
That
all
Strayes
shall
be
first
cryed
in
that
Town
of
which
they
have
the
Brand-mark
;
To
be
cryed
in
the
Town
on
which
they
have
the
Brand
mark
And
that
all
such
Strayes
and
other
lost
Goods
contained
in
the
said
Law
,
shall
be
entred
with
the
County
Recorder
in
each
County
,
and
by
him
transfered
to
the
Country
Treasurer
within
one
Moneth
;
To
be
entred
with
the
It
C●●der
of
the
C●●●ty
H●lf
to
the
Country
&
the
other
halt
to
the
Finder
and
in
case
the
said
Goods
and
Strayes
are
not
owned
within
one
year
,
as
is
therein
expressed
,
then
the
one
half
,
or
the
value
of
one
half
shall
be
to
the
use
of
the
Country
,
and
the
other
half
to
the
finder
,
the
charges
being
first
paid
out
of
the
whole
.
[
1666.
]
STRANGERS
.
WHereas
we
are
credibly
informed
that
great
mischiefs
have
been
done
to
other
Plantations
by
reason
of
Commanders
,
Souldiers
,
A.
51.
p.
7.
and
other
Strangers
;
To
prevent
the
like
in
this
Jurisdiction
;
It
is
Ordered
by
this
Court
and
Authority
thereof
,
That
henceforth
all
Strangers
of
what
quality
soever
,
above
the
age
of
sixteen
years
,
Strangers
Arriving
to
be
brought
before
the
Governour
Arriving
in
any
Ports
or
Parts
of
this
Jurisdiction
,
in
any
Ship
or
Vessel
,
shall
immediately
be
brought
before
the
Governour
,
Deputy
Governour
,
or
two
other
Magistrates
,
by
the
Master
or
Mate
of
the
said
Ship
or
Vessel
,
upon
penalty
of
twenty
pounds
for
default
thereof
,
there
to
give
an
account
of
their
occasions
and
business
in
this
Country
,
whereby
satisfaction
may
be
given
,
and
Order
taken
with
such
Strangers
as
the
said
Governour
,
Deputy
Governour
,
two
Magistrates
,
or
the
next
County
Court
shall
see
meet
,
who
shall
keep
a
Record
of
the
Names
and
Qualities
of
all
such
Strangers
,
to
be
returned
to
the
next
General
Court
.
And
for
the
Publications
of
this
Order
;
Capt
of
the
Castle
to
give
notice
of
this
Order
It
is
Ordered
,
the
same
to
be
Posted
upon
the
Doors
or
Posts
of
the
Meeting-houses
and
other
publick
places
in
all
the
Port
Towns
of
this
Jurisdiction
:
And
the
Captain
of
the
Castle
shall
make
known
this
Order
to
every
Ship
or
Vessel
as
it
passeth
by
,
and
the
Constable
of
every
Port
Town
shall
endeavour
to
do
the
like
to
such
Ships
or
Vessels
before
they
Land
their
Passengers
.
[
1651.
]
And
if
any
Strangers
,
or
People
of
other
Nations
,
L.
1.
p.
23.
professing
the
true
Christian
Religion
,
shall
fly
to
us
from
the
Tyrany
or
Oppression
of
their
Persecutors
,
or
from
Famine
,
Strangers
to
be
succoured
Wars
or
the
like
necessary
and
compulsory
Cause
,
they
shall
be
entertained
and
succoured
amongst
us
according
to
that
power
and
prudence
God
shall
give
us
.
[
1641.
]
Every
person
within
this
Jurisdiction
,
whether
Inhabitant
or
Str●●ger
,
shall
enjoy
the
same
Law
and
Justice
that
is
general
for
this
Jurisdiction
,
L.
2.
p.
32.
which
we
constitute
and
execute
one
towards
another
in
all
cases
proper
to
our
cognizance
,
without
partiality
or
delay
.
[
1641.
]
Strangers
to
have
equal
Justice
No
Town
or
person
shall
receive
any
Stranger
Resorting
hither
with
intent
to
Reside
in
this
Jurisdiction
,
nor
shall
allow
any
Lot
or
Habitation
to
any
,
or
entertain
any
such
above
three
Weeks
,
except
such
person
shall
have
allowance
under
the
hand
of
some
one
Magistrace
,
upon
pain
of
every
Town
that
shall
give
or
sell
any
Lot
or
Habitation
to
any
not
so
Licensed
such
fine
to
the
Country
as
the
County
Court
shall
impose
,
not
exceeding
fifty
pounds
,
nor
less
then
ten
pounds
;
And
of
every
person
receiving
any
such
for
longer
time
then
is
hereby
allowed
,
except
in
case
of
entertainment
of
friends
resorting
from
other
parts
of
this
Country
in
amity
with
us
,
No
Town
or
per
son
to
entertain
strangers
without
allowance
to
forfeit
as
aforesaid
,
not
exceeding
twenty
pounds
,
nor
less
then
four
pounds
;
and
for
every
Moneth
after
so
offending
shall
forfeit
as
aforesaid
,
not
exceeding
ten
pounds
,
nor
less
then
forty
shillings
.
And
every
Constable
shall
inform
the
Courts
of
all
new-comers
,
which
they
know
to
be
admitted
without
License
from
time
to
time
.
Finable
[
1637
,
38
,
47.
]
Sureties
and
Goods
Attached
.
UPon
Information
of
some
inconveniencies
accruing
to
several
persons
,
in
that
men
take
themselves
acquitted
and
free
from
all
legal
observations
in
case
of
appearance
in
Courts
,
L.
1.
p.
15.
according
to
the
express
tearms
of
the
Bond
,
or
at
most
if
the
Principal
there
stay
till
Verdict
and
●udgement
be
given
(
which
if
they
be
)
they
may
then
make
away
their
Estates
,
or
absent
their
persons
before
the
t
weare
hours
be
expired
for
granting
I
Execution
,
whereby
the
party
recovering
may
either
be
deprived
of
,
or
much
damaged
in
his
just
Rights
;
Not
discharged
till
Judgement
be
satisfied
It
is
therefore
Ordered
by
this
Court
and
the
Authority
thereof
;
That
henceforth
all
Goods
Attached
upon
any
Action
,
shall
not
be
released
upon
the
appearance
of
the
party
,
or
Judgement
given
,
but
shall
stand
engaged
until
the
Judgement
,
or
the
Execution
gramed
upon
the
said
Judgement
be
discharged
:
Nor
shall
any
Surety
or
Sureties
for
appearance
in
any
Court
,
except
in
Capital
or
Criminal
Cases
,
be
released
from
his
or
their
Lond
until
the
Execution
as
aforesaid
be
discharged
and
satisfied
,
or
the
person
de
livered
to
the
Marshal
or
the
Principal
Person
be
surrendred
into
the
hands
of
the
Marshal
or
his
Deputy
,
who
shall
secure
him
till
the
Judgement
be
discharged
,
any
Law
,
Custome
or
Usage
to
the
Contrary
notwithstanding
.
Provided
alwayes
,
That
henceforth
in
all
Civil
proceedings
(
except
in
cases
where
the
Defendant
is
a
Stranger
)
where
Execution
is
not
taken
out
and
Executed
within
one
Moneth
after
that
Judgement
is
granted
,
Goods
&
persons
Attached
one
month
after
Judgement
released
all
such
Attachments
,
whether
on
persons
or
Estates
,
with
Sureties
,
shall
be
released
and
void
in
Law
;
any
Law
,
Usage
or
Custome
to
the
contrary
notwi●●standing
:
unless
the
Court
that
granted
the
Judgement
shall
see
cause
to
give
further
time
,
and
respit
of
Execution
in
any
particular
case
.
Swearing
and
Cursing
.
IT
is
Ordered
by
this
Court
and
Authority
thereof
;
That
if
any
person
within
this
Jurisdiction
,
Swearing
10.
s.
shall
Swear
rashly
or
vainly
by
the
Holy
Name
of
God
,
or
other
Oath
,
he
shall
forfeit
to
the
Common
Treasury
for
every
such
offence
ten
shillings
;
Swearing
10
s.
and
it
shall
be
in
the
power
of
any
Magistrate
,
by
warrant
to
the
Constable
,
to
call
such
person
before
him
,
and
upon
sufficient
proof
to
sentence
such
offender
,
and
to
give
Order
to
leavie
the
fine
;
and
if
such
person
be
not
able
,
or
shall
refuse
to
pay
the
said
fine
,
or
sit
in
stocks
he
shall
be
committed
to
the
Stocks
,
there
to
continue
not
exceeding
three
hours
,
nor
less
then
one
hour
.
2.
And
if
any
person
shall
swear
more
Oaths
then
one
at
a
time
,
L.
2.
p.
14.
before
he
remove
out
of
the
Room
or
Company
where
he
so
Swears
,
more
Oaths
then
one
20
s.
he
shall
then
pay
twenty
shillings
.
The
like
penalty
shall
be
inflicted
for
Prophane
and
Wicked
Cursing
of
any
Person
or
Creature
,
and
for
the
multiplying
the
same
,
as
is
appointed
for
prophane
Swearing
;
and
in
case
any
person
so
offending
,
by
multiplying
Oaths
or
Cursing
,
shall
not
pay
his
or
their
fines
forthwith
,
like
penalty
for
Cursing
they
shall
be
whipt
or
committed
to
Prison
till
they
shall
pay
the
same
,
at
the
discretion
of
the
Court
or
Magistrate
that
shall
have
cognizance
thereof
.
SWINE
.
Select-men
to
make
Orders
to
prevent
harms
by
Swine
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
every
Town-ship
within
this
Jurisdiction
,
or
the
Select-men
thereof
,
are
impowred
and
hereby
required
from
time
to
time
,
to
make
Orders
for
preventing
all
harms
by
Swine
,
in
Corn
,
Meadows
,
Pastures
and
Gardens
,
as
also
all
danger
to
Children
or
elder
persons
in
any
respects
by
Swine
,
and
to
impose
penalties
according
to
their
best
discretion
,
and
to
appoint
one
of
their
Inhabitants
,
by
Warrant
under
the
hands
of
the
Select-men
,
or
the
Constable
where
no
Select-men
are
,
to
leavie
such
fines
and
penalties
;
A.
1658.
and
if
any
person
chosen
to
see
the
Execution
of
this
Order
,
shall
neglect
or
refuse
the
same
,
he
shall
forfeit
five
pounds
,
the
one
half
to
the
Town
,
the
other
half
to
the
party
that
accepts
the
place
,
and
performs
his
duty
therein
.
2.
And
where
Towns
Border
each
upon
other
,
whose
Orders
it
may
be
are
various
;
Damage
to
be
paid
according
to
the
Town
Ordere
where
it
is
done
Satisfaction
shall
be
made
for
harms
done
by
Swine
,
according
to
the
Orders
of
the
Town
where
the
damage
is
done
.
But
if
the
Swine
be
Ringed
and
Yoaked
,
or
otherwise
,
as
the
Orders
of
the
Town
to
which
they
belong
,
doth
require
,
then
where
no
Fence
is
,
or
that
it
be
insufficient
,
through
which
the
Swine
come
to
Trespass
,
the
Owner
of
the
Land
or
Fence
shall
bear
all
damages
.
No
Fence
no
damage
And
it
is
hereby
Declared
;
That
all
Fences
made
of
Stone
,
pale
,
Rails
,
Rivers
,
Creeks
,
or
any
other
Fences
which
are
allowed
(
by
such
men
as
are
appointed
in
the
several
Towns
to
view
Fences
)
to
be
sufficient
against
great
Cattle
,
A.
51.
p.
4.
shall
be
held
and
accounted
sufficient
against
Swine
,
Fences
sufficient
and
all
Swine
breaking
through
such
Fences
,
shall
be
liable
to
make
satisfaction
for
all
Damages
done
.
3.
And
if
any
Swine
be
Impounded
for
Damage
done
,
and
there
be
kept
three
dayes
,
No
owners
appearing
Swine
to
be
prized
and
that
no
person
will
own
them
,
then
the
party
Damnified
shall
give
notice
to
the
two
next
Towns
(
where
any
are
within
five
miles
Compass
)
that
such
Swine
are
to
be
fold
by
an
Out-cry
,
within
three
dayes
after
such
notice
by
the
party
Damnified
;
and
in
case
none
will
buy
,
he
shall
cause
them
to
be
Apprized
by
two
indifferent
men
(
one
whereof
shall
be
the
Constable
or
one
chosen
by
him
)
signified
under
their
hands
in
Writing
,
and
may
keep
them
for
his
own
use
.
And
in
both
cases
,
if
the
Owner
shall
after
appear
,
the
overplus
according
to
the
said
valuation
(
all
Damages
and
Charges
being
paid
)
shall
forthwith
be
rendred
to
him
.
And
if
any
Town
or
Select-men
shall
neglect
to
take
Order
for
preventing
harms
by
Swine
according
to
this
Law
,
more
then
one
Moneth
after
publication
hereof
,
such
Town
or
Select-men
shall
forfeit
to
the
Treasury
forty
shillings
for
every
Moneth
so
neglecting
.
[
1647
,
51
,
58.
]
TILE-EARTH
.
IT
is
Ordered
by
this
Court
;
That
all
Tile-Earth
to
make
Sale
Ware
,
shall
be
Digged
before
the
first
of
the
ninth
Moneth
,
and
turned
over
in
the
last
and
first
Moneth
ensueing
,
a
Moneth
before
it
be
Wrought
,
upon
pain
of
forfeiting
one
half
part
of
all
such
Tiles
.
as
shall
be
otherwise
made
,
to
the
use
of
the
Common
Treasury
.
[
1647.
]
TOBACCO
.
IT
is
Ordered
by
this
Court
;
That
no
man
shall
take
any
Tobacco
within
twenty
Poles
of
any
House
,
or
so
near
as
may
indanger
the
same
,
or
near
any
Barn
,
Corn
,
or
Hay-cock
,
as
may
occasion
the
firing
thereof
,
upon
pain
of
ten
shillings
for
every
such
offence
,
besides
full
Recompence
of
all
Damages
done
by
means
thereof
:
Nor
shall
any
take
Tobacco
in
any
Inne
or
common
Victual
House
,
except
in
a
private
Room
there
,
so
as
neither
the
Master
of
the
said
House
,
nor
any
other
Guest
there
shall
take
offence
thereat
,
which
if
any
do
,
then
such
person
shall
forthwith
forbear
,
upon
pain
of
two
shillings
six
pence
for
every
such
offence
.
And
all
fines
incurred
by
this
Law
,
the
one
half
part
shall
be
to
the
Informer
,
the
other
to
the
Poor
of
the
Town
where
the
offence
is
done
.
[
1638
,
47.
]
Tolling
of
Cattle
.
FOr
the
prevention
of
Fellonious
practises
growing
upon
us
,
by
Stealing
of
Horse-kinde
,
and
other
Neat
Cattle
,
and
selling
them
as
their
own
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
there
shall
be
a
Toll-Book
kept
in
every
Town
by
the
Clerk
of
the
Writts
,
wherein
all
Horse-kinde
,
and
other
Cattle
as
aforesaid
,
bought
of
any
person
,
shall
be
Entred
,
with
their
Age
,
Colour
and
Marks
,
at
the
peril
of
the
Buyer
,
with
the
Name
of
the
Seller
;
and
such
Seller
shall
have
two
vouchers
to
Testifie
the
said
Seller
to
be
the
proper
Owner
of
such
Horse-kinde
or
other
Cattle
so
sold
;
or
in
case
of
Horse-kinde
or
Cattle
so
sold
,
shall
be
challenged
by
any
other
person
,
the
Vouchers
in
case
of
the
escape
of
the
Seller
,
shall
be
liable
to
all
damages
that
shall
arise
thereupon
:
And
the
Clerk
of
the
Writts
shall
have
three
pence
of
the
Buyer
,
for
entring
every
such
Horse-kinde
,
or
Neat
Cattle
;
And
if
any
Horse-kinde
,
or
other
Cattle
as
asforesaid
,
so
bought
by
any
person
be
not
Toll'd
,
nor
Sellers
,
nor
Vouchers
found
,
upon
challenge
of
any
such
Cattle
,
the
said
Buyer
shall
be
liable
to
all
Damages
,
as
the
Felon
himself
should
be
were
he
present
:
And
any
person
or
persons
having
lost
any
Horse-kinde
,
or
other
such
Cattle
,
shall
have
free
liberty
to
search
any
Toll-Book
in
any
Town
,
in
any
such
case
.
[
1668.
]
TOWN-SHIP
.
WHereas
particular
Towns
have
many
things
which
concern
onely
themselves
and
the
ordering
their
own
affairs
,
L.
2.
p.
10.
and
disposing
of
business
in
their
own
Town
;
It
is
therefore
Ordered
,
That
the
Freemen
of
every
Town
,
with
such
others
as
are
allowed
,
or
the
major
part
of
them
,
Towns
power
to
dispose
Lands
shall
have
power
to
dispose
of
their
own
Lands
and
Woods
,
with
all
the
Priviledges
and
Appurtenances
of
the
said
Towns
,
to
grant
Lots
,
and
also
to
chuse
their
own
particular
Officers
,
as
Constables
,
Surveyors
for
the
High-wayes
,
and
the
like
Annually
,
or
otherwise
as
need
requires
;
Choose
officers
And
to
make
such
Laws
and
Constitutions
as
may
concern
the
welfare
of
their
Town
;
Provided
they
be
not
of
a
Criminal
,
but
of
a
Prudential
nature
,
and
that
their
penalties
exceed
not
twenty
shillings
for
one
offence
,
and
that
they
be
not
Repugnant
to
the
publick
Laws
and
Orders
of
the
Country
.
To
make
Orders
And
if
any
Inhabitant
shall
neglect
or
refuse
to
observe
them
,
they
shall
have
power
to
leavie
the
appointed
penalty
by
Distress
.
And
if
any
man
shall
behave
himself
offensively
at
any
Town-meeting
,
the
rest
then
present
shall
have
power
to
Sentence
him
for
such
offence
,
so
as
the
penalty
exceed
not
twenty
shillings
.
2.
And
every
Town-ship
hath
power
to
chuse
yearly
,
or
for
less
time
,
a
convenient
number
of
fit
men
to
order
the
Planting
,
and
prudential
Affairs
of
their
Towns
,
according
to
instruction
given
them
in
Writing
,
Provided
nothing
be
done
by
them
contrary
to
the
Laws
and
Orders
of
the
Country
,
To
choose
Select-men
Provided
also
that
the
number
of
the
Select-men
be
not
above
nine
.
To
dispose
of
single
persons
3.
And
all
Towns
shall
take
care
from
time
to
time
,
to
Order
and
Dispose
all
single
persons
and
in-mates
within
their
Towns
,
to
service
or
otherwise
,
and
if
any
be
grieved
at
such
Order
or
Disposal
,
they
have
liberty
to
Appeal
to
the
next
County
Court.
4.
And
it
is
hereby
Ordered
and
Enacted
;
A.
58.
That
all
English-men
,
that
are
settled
Inhabitants
and
House-holders
in
any
Town
,
of
the
age
of
twenty
four
years
,
and
of
honest
and
good
Conversations
,
being
Rated
at
eighty
pounds
Estate
in
a
single
Country
Rate
,
and
that
have
taken
the
Oath
of
Fidelity
to
this
Government
,
1670.
and
no
other
(
except
Freemen
)
may
be
chosen
Select
men
,
Jurors
or
Constables
,
and
have
their
Vote
in
the
choice
of
the
Select
men
,
for
the
Town
Affaires
,
Assessments
of
Rates
and
other
Prudentials
proper
to
the
Town
;
Provided
alwayes
the
major
part
of
the
companies
of
Select-men
be
Freemen
from
time
to
time
,
that
shall
make
a
valid
Act
,
as
also
where
no
Select-men
are
,
to
have
their
Vote
in
ordering
Schools
,
Hearding
of
Cattle
,
laying
out
High-wayes
,
and
Distributing
Lands
;
Who
may
Vote
In
Towns
Any
Law
,
Use
or
Custome
to
the
contrary
notwithstanding
.
IT
is
Ordered
;
That
in
stead
of
the
sum
of
twenty
pounds
in
the
4.
Sect.
tit
.
Townships
,
it
shall
●e
incerted
instead
thereof
eighty
pounds
;
Provided
this
change
of
that
s●m
be
not
interpreted
to
exclude
any
person
from
the
priviledge
granted
him
formerly
in
that
Law
.
[
1670.
]
5.
Whereas
Complaints
have
been
made
,
that
many
(
especially
in
Boston
)
who
are
meet
and
fit
to
serve
the
Country
in
the
Office
of
Constable
,
A.
53.
p.
18.
take
incouragement
to
withdraw
from
that
service
by
reason
of
the
smalness
of
the
fines
that
Towns
have
power
to
impose
for
such
refusal
;
It
is
therefore
Ordered
,
That
henceforth
it
shall
be
lawful
for
the
Town
of
Boston
,
to
impose
the
fine
of
ten
pounds
;
and
for
all
other
Towns
,
to
impose
the
fine
of
five
pounds
upon
every
such
person
(
being
legally
chosen
in
the
respective
Towns
)
that
shall
refuse
to
serve
in
the
Office
of
a
Constable
in
the
Town
where
he
is
chosen
,
Power
to
fine
such
as
refuse
the
Office
of
Constable
if
in
his
person
he
be
able
to
execute
it
:
And
the
Select-men
of
every
Town
are
hereby
impowred
to
Order
and
Require
the
Constables
to
leavie
the
said
fines
by
Distress
,
which
shall
be
to
the
use
of
the
Town
.
[
36
,
42
,
47
,
53
,
58.
]
IT
is
Ordered
;
That
hereafter
no
Cottage
or
Dwelling
place
shall
be
admitted
to
the
priviledge
of
Commonage
for
Wood
,
Townships
priviledge
Timber
and
Herbage
,
or
any
other
the
Priviledges
that
lye
in
Common
in
any
Town
or
Peculiar
,
but
such
as
already
are
in
being
,
or
hereafter
shall
be
Erected
by
the
consent
of
the
Town
.
[
1660.
]
IT
is
Ordered
by
this
Court
and
the
Authority
hereof
,
That
the
following
Order
shall
be
directed
and
sent
by
the
Clerks
of
the
several
Shire
Courts
,
to
the
Constables
of
the
Towns
within
their
Shire
,
who
are
enjoyned
faithfully
to
execute
the
same
;
and
if
upon
the
Return
made
,
it
doth
appear
that
the
Select
men
are
negligent
in
executing
the
Laws
therein
mentioned
;
the
Court
shall
proceed
against
them
by
Admonition
,
or
fine
,
as
the
merit
of
the
case
may
require
,
and
shall
also
dispose
of
single
persons
,
or
stubborn
Children
or
Servants
to
the
House
of
Correction
,
according
to
the
intent
of
the
Law
,
any
Law
,
Custome
or
Usage
to
the
contrary
notwithstanding
.
To
the
Constable
of
A.
WHereas
the
Law
published
by
the
Honoured
General
Court
,
lib.
1.
pag.
76.
sect.
3.
do
require
all
Towns
from
time
to
time
,
to
dispose
of
all
single
persons
and
in-mates
within
their
Towns
to
service
,
or
otherwise
,
and
in
pag.
16.
tit
.
Children
and
Youth
;
It
is
required
of
the
Select-men
,
that
they
see
that
all
Children
and
Youth
,
under
Family
Government
,
be
taught
to
read
perfectly
the
English
Tongue
,
have
knowledge
in
the
Capital
Laws
,
and
be
taught
some
Orthodox
Catechism
,
and
that
they
be
brought
up
to
some
honest
imployment
,
profitable
to
themselves
and
the
Common-wealth
;
and
in
case
of
neglect
on
the
part
of
the
Family
Governours
,
after
Admonition
given
them
,
the
said
Select
men
are
required
,
with
the
help
of
two
Magistrates
,
or
next
Court
of
that
Shire
,
to
take
such
Children
or
Apprentises
from
them
,
and
place
them
forth
,
with
such
as
will
look
more
straitly
to
them
.
The
neglect
whereof
,
as
by
sad
experience
from
Court
to
Court
abundantly
appears
,
doth
occasion
much
sin
and
prophaness
to
increase
among
us
,
to
the
dishonour
of
God
,
and
the
ensnaring
of
many
Children
and
Servants
,
by
the
dissolute
lives
and
practises
of
such
as
do
live
from
under
Family
Government
,
and
is
a
great
discouragement
to
those
Family
Governours
,
who
conscientiously
endeavoar
to
bring
up
their
Youth
in
all
Christian
nurture
,
as
the
Laws
of
God
and
this
Common-wealth
doth
require
:
THese
are
therefore
in
His
Majesties
Name
,
to
require
you
to
acquaint
the
Select-men
of
your
Town
,
that
the
Court
doth
expect
and
will
require
,
that
the
said
Laws
be
accordingly
attended
,
the
prevalency
of
the
former
neglect
notwithstanding
:
And
you
are
also
required
to
take
a
List
of
the
Names
of
those
young
persons
within
the
Bounds
of
your
Town
,
and
all
adjacent
Farms
though
out
of
all
Town
Bounds
,
who
do
live
from
under
Family
Government
,
viz.
do
not
serve
their
Parents
or
Masters
,
as
Children
,
Apprentices
,
Hired
Servants
,
or
●o●rney-men
ought
to
do
,
and
usually
did
i●●
our
Nature
Country
,
being
subject
to
their
Commands
and
Discipline
,
and
the
same
you
are
to
return
to
the
next
Court
to
be
held
at
_____
on
t●e
_____
day
of
_____
and
hereof
you
are
to
make
a
true
Return
under
your
hand
,
and
not
to
faile
.
WHereas
in
the
Law
tit.
Town-ships
,
The
several
Towns
,
and
Select-men
of
the
said
Towns
,
have
power
to
impose
Penalties
as
the
Law
directs
;
And
whereas
many
Constables
question
whether
it
be
their
Duty
to
serve
Warrants
from
the
Select-men
for
Persons
to
appear
before
them
,
and
to
leavie
fines
:
For
the
removal
of
such
Doubts
,
as
an
Addition
to
the
said
Law
;
This
Court
doth
Order
and
Require
;
That
all
Constables
respectively
,
shall
serve
all
Warrants
from
the
Select-men
,
and
leavie
all
such
fines
as
shall
be
imposed
by
the
said
Town
or
Select
men
.
[
1671.
]
TREASVRERS
.
To
keep
perfect
Accompts
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
the
Country
Treasurer
shall
from
time
to
time
keep
exact
and
perfect
Books
of
Accompts
;
of
all
Transactions
for
the
Country
,
and
particularly
of
all
Debts
and
Dues
belonging
to
the
Country
,
either
by
Forfeits
,
Fines
,
Rates
,
how
to
disburse
Gifts
,
Legacies
,
Rents
,
Customs
,
In
positions
or
otherwise
,
as
by
Whales
,
Ship
wracks
,
and
things
of
like
nature
,
where
the
Owner
is
not
known
,
and
the
Country
may
claim
a
Priviledge
or
Common
Right
unto
;
as
also
of
all
his
payments
and
disbursements
for
the
Countries
use
,
which
he
shall
not
make
but
by
virtue
of
some
settled
Custome
,
Law
or
Order
of
this
Court
,
or
by
special
Order
of
this
Court
,
or
of
the
Council
,
nor
shall
he
make
any
Payment
to
any
person
indebted
to
the
Country
till
such
person
either
pay
his
Debt
,
or
defaulk
so
much
as
is
due
to
the
Country
.
2.
And
it
is
further
Ordered
;
That
henceforth
there
shall
be
Treasurers
Annually
chosen
in
every
County
by
the
Freemen
thereof
,
A.
54.
p.
2.
who
shall
give
in
their
Votes
in
each
Town
,
County
Treasurer
,
how
chosen
on
the
day
of
Voting
for
Nomination
of
Magistrates
,
which
shall
be
sent
sealed
up
by
the
same
person
to
the
Shire
meeting
,
and
there
opened
before
the
Commissioners
,
who
shall
certifie
the
County
Courts
under
their
hands
,
the
Name
of
the
person
chosen
,
Provided
no
Clerk
or
Recorder
of
any
County
Court
shall
be
chosen
Treasurer
for
the
County
.
No
Clerk
of
Court
to
be
Treasurer
And
the
said
Treasurers
,
shall
from
time
to
time
,
keep
exact
and
perfect
Book
of
Accompts
of
all
Transactions
of
the
County
,
and
particularly
of
all
Debts
and
Dues
belonging
to
the
County
,
either
by
Forfeits
,
Fines
,
Rates
,
Guifts
,
Legacies
,
Rents
,
Customes
or
otherwise
,
as
also
all
his
Disbursements
for
the
Charges
of
the
County
Courts
,
Shire
Commissioners
,
To
pay
the
char●e
of
the
County
with
all
other
peculiar
charges
of
the
County
which
he
shall
pay
by
Order
of
the
County
Court
,
except
the
twenty
pounds
due
to
the
Major
of
the
Regiment
for
the
year
of
publick
exercise
,
which
shall
be
paid
by
the
Country
Treasurer
as
heretofore
.
3.
And
it
is
Ordered
;
That
all
fines
arising
in
any
County
Court
,
or
by
Order
of
one
Magistrate
or
Commissioners
impowred
in
Criminal
Cases
,
A.
58.
shall
from
time
to
time
be
paid
in
to
the
Treasurer
of
that
County
where
the
Delinquent
party
doth
dwell
,
All
Fin●s
arising
in
the
County
due
to
the
County
.
except
only
where
any
person
shall
be
taken
in
the
manner
,
and
immediately
censured
by
Authority
in
any
other
County
where
such
offence
is
committed
.
Clerk
of
Courts
to
keep
Accompts
4.
It
is
Ordered
;
That
the
Secretary
of
the
General
Court
and
Court
of
Assistants
,
and
the
Clerk
or
Recorder
of
every
County
Court
,
shall
keep
Books
of
Accompt
,
of
all
Dues
arising
within
the
cognizance
of
the
respective
Courts
,
by
Entry
of
Actions
,
Fines
or
otherwise
;
as
also
a
true
account
of
the
Fees
of
the
Officers
and
other
charges
of
the
Court
,
which
belongs
to
the
respective
Treasurers
to
satisfie
;
To
certisie
the
Treasurer
of
all
Dues
in
14
daies
and
within
fourteen
dayes
after
the
end
of
every
Court
,
the
said
Secretary
and
Clerk
,
shall
deliver
to
the
respective
Treasurers
,
a
true
Transcript
of
all
Fines
and
other
dues
,
payable
to
the
Country
or
County
,
Treasurer
to
order
Mar●●al
to
call
and
the
said
Treasurers
shall
within
one
week
after
the
Receipt
of
such
Transcript
,
direct
his
Warrant
to
the
Marshal
or
Constable
for
the
leavying
thereof
.
And
if
any
Treasurer
,
Secretary
,
Marshal
or
Constable
,
make
default
herein
,
he
shall
suffer
the
penalty
of
making
good
all
Damage
that
shall
come
thereby
.
Treas
allowance
.
And
every
Treasurer
,
for
his
pains
and
service
,
is
allowed
one
shilling
in
the
pound
of
all
fines
received
by
him
,
and
to
be
free
from
all
Country
and
County
Rates
.
To
give
a
yearly
Account
And
all
Treasurers
are
hereby
enjoyned
once
every
year
,
to
give
an
account
of
all
their
Transactions
;
the
Country
Treasurer
to
the
General
Court
,
or
to
such
as
the
said
Court
shall
appoint
,
and
present
the
same
at
the
Court
of
Election
yearly
.
County
Courts
to
raise
Taxes
to
defray
County
charges
And
the
County
Treasurers
shall
likewise
yearly
present
their
Accompts
to
the
County
Courts
;
and
if
there
be
not
enough
in
the
Treasurers
hands
to
satisfie
the
charges
of
the
County
,
the
said
County
Court
shall
give
Warrant
to
leavie
the
Arrears
upon
the
whole
County
by
Rate
,
to
be
leavied
upon
each
Town
and
Person
(
except
such
as
are
Rate-free
)
in
proportion
with
the
County
Rate
next
before
going
,
to
be
collected
by
the
Constables
of
each
Town
,
who
are
hereby
enjoyned
to
attend
the
same
.
[
1648
,
54
,
57
,
58.
]
WHereas
the
Law
tit.
Treasurers
,
doth
not
so
fully
explain
it self
,
as
is
intended
;
in
order
to
the
Execution
of
the
same
,
in
reference
to
County
Treasurers
;
This
Court
Declare
;
That
the
same
Power
and
Directions
given
to
the
Country
Treasurer
in
his
place
,
County
Treas.
power
&
duty
is
likewise
intended
to
the
County
Treasurer
in
his
Place
and
Limits
:
For
the
better
discharge
of
his
Duty
,
and
that
every
Constable
betrusted
with
the
Collecting
of
any
County
Rate
,
which
doth
not
within
his
year
pay
in
his
respective
County
Rate
,
and
make
up
his
Accompts
with
the
Treasurer
from
which
he
had
his
Warrant
so
to
do
;
Such
Constable
shall
forfeit
to
the
County
forty
shillings
for
his
neglect
,
and
be
liable
to
clear
his
Accompts
within
two
Months
;
and
that
every
County
Treasurer
shall
present
the
Names
of
such
Constables
as
shall
neglect
their
duty
to
the
next
County
Court
;
And
that
Corn
or
other
Goods
paid
in
to
the
County
Treasurers
,
shall
be
at
the
same
prises
that
this
Court
shall
from
time
to
time
set
for
the
Country
Rate
;
Any
Custome
or
Usage
to
the
contrary
notwithstanding
.
[
1662.
]
TRYALS
.
No
cause
to
be
first
brought
to
the
Gen.
Court
IT
is
Ordered
;
That
all
causes
between
Party
and
party
,
shall
first
be
tryed
in
some
Inferiour
Court
;
and
that
if
the
party
against
whom
the
Judgement
shall
pass
,
shall
have
any
new
Evidence
,
or
other
new
matter
to
plead
,
he
may
desire
a
new
Tryal
in
the
same
Court
upon
a
Bill
of
Review
.
And
if
Justice
shall
not
be
done
him
upon
that
Tryal
,
he
may
then
come
to
this
Court
for
Relief
.
[
1642.
]
2.
It
is
Ordered
,
and
by
this
Court
Declared
;
That
in
all
Actions
of
Law
it
shall
be
the
liberty
of
the
Plaintiffe
and
Defendant
by
mutual
consent
to
choose
whether
they
will
be
tryed
by
the
Bench
,
Liberty
for
Trials
by
Bench
or
Jury
or
by
the
Bench
and
Jury
,
unless
it
be
where
the
Law
upon
just
reason
hath
otherwise
determined
;
the
like
liberty
shall
be
granted
to
all
persons
in
any
Criminal
case
.
3.
Also
it
shall
be
in
the
liberty
of
both
Plaintiffe
and
Defendant
,
and
likewise
of
every
Delinquent
to
be
judged
by
a
Jury
;
Liberty
to
challenge
to
challenge
any
of
the
Jurors
,
and
if
the
challenge
be
found
just
and
reasonable
by
the
Bench
or
the
rest
of
the
Jury
,
as
the
challenger
shall
choose
,
it
shall
be
allowed
him
,
and
tales
de
circumstantibus
Impannelled
in
their
room
.
4.
Also
Children
,
Ideots
,
Distracted
persons
,
and
all
that
are
Stangers
or
new
comers
to
our
Plantation
,
shall
have
such
allowances
,
and
dispensations
in
any
case
,
whether
Criminal
or
others
,
as
Religion
and
Reason
require
.
[
1641.
]
VAGABONDS
.
THis
Court
being
sensible
of
the
increase
of
Prophaness
and
Irreligiousness
,
by
reason
of
the
Vagrant
and
Vagabond
life
of
sundry
persons
,
as
well
Inhabitants
as
Forraigners
,
that
wander
from
their
Families
,
Relations
and
Dwelling
places
,
from
Town
to
Town
,
thereby
drawing
away
Children
,
Servants
,
and
other
persons
,
both
younger
and
elder
,
from
their
lawful
Callings
and
Imployments
,
and
hardning
the
hearts
of
one
another
against
all
Subjection
to
the
Rules
of
Gods
Holy
Word
;
and
the
Established
Laws
of
this
Colony
:
All
which
to
prevent
;
This
Court
doth
hereby
Order
and
Enact
;
That
all
such
persons
,
where
ever
they
may
be
found
in
any
place
of
this
Jurisdiction
,
Vagabonds
and
wandring
persons
be
Apprehended
by
the
Constable
of
the
said
place
,
with
or
without
further
Warrant
,
and
and
brought
before
the
next
Magistrate
;
who
if
upon
Examination
,
shall
finde
them
to
be
such
as
do
not
give
a
good
and
satisfactory
account
of
such
their
Wandring
up
and
down
,
they
shall
proceed
with
and
against
them
as
Rogues
and
Vagabonds
,
and
cause
them
to
be
corporally
punished
,
and
sent
from
Constable
to
Constable
,
until
they
come
to
the
place
of
their
abode
:
Or
in
case
they
will
not
confess
where
their
abode
is
within
this
Colony
,
nor
yet
voluntarily
depart
out
of
the
same
,
then
to
be
sent
to
the
House
of
Correction
,
there
to
remain
until
the
next
Court
of
that
County
.
[
1662.
]
VOTES
.
IT
is
Ordered
,
and
by
this
Court
Declared
;
That
all
and
every
Freeman
,
and
others
Authorized
by
Law
,
called
to
give
any
Advice
,
Vote
,
Verdict
or
Sentence
in
any
Court
,
Council
or
Civil
Assembly
,
Liberty
of
Voting
shall
have
freedome
to
do
it
according
to
their
true
Judgement
and
Conscience
,
so
it
be
done
orderly
and
in-offensively
for
the
manner
,
and
that
in
all
cases
wherein
any
Freeman
or
other
is
to
give
his
Vote
,
be
it
in
point
of
Election
,
making
Constitutions
and
Orders
,
or
to
be
silent
or
passing
Sentence
in
any
case
of
Judicature
,
or
the
like
;
if
he
cannot
see
Light
or
Reason
to
give
it
positively
one
way
or
other
,
he
shall
have
liberty
to
be
silent
,
and
not
pressed
to
a
determinate
Vote
,
which
yet
shall
be
Interpreted
and
Accounted
as
if
he
Voted
for
the
Negative
.
Neuters
accounted
on
the
●egative
And
further
that
whensoever
any
thing
is
to
be
put
to
a
Vote
,
and
Sentence
to
be
Pronounced
,
or
any
other
matter
to
be
Proposed
,
or
Read
in
any
Court
or
Assembly
,
if
the
President
or
Moderator
shall
refuse
to
perform
it
,
the
major
part
of
the
Members
of
that
Court
or
Assembly
,
shall
have
power
to
appoint
any
other
meet
person
to
do
it
,
and
if
there
be
just
cause
,
to
punish
him
that
should
,
and
would
not
.
[
1651.
]
VSVRY
.
IT
is
Ordered
,
Decreed
,
and
by
this
Court
Declared
;
That
no
man
shall
be
adjudged
for
the
meer
forbearance
of
any
Debt
,
above
eight
pound
in
the
hundred
,
for
one
year
,
and
not
above
the
Rate
proportionably
for
all
sums
whatsoever
,
(
Bills
of
Exchange
excepted
)
neither
shall
this
be
a
colour
or
countenance
to
allow
any
Usury
amongst
us
contrary
to
the
Law
of
God
▪
[
1641
,
43.
]
WAMPAMPEAG
.
IT
is
Ordered
;
That
Wampampeag
shall
pass
currant
in
the
payment
of
Debts
,
to
the
payment
of
forty
shillings
,
the
white
at
eight
a
penny
,
the
black
at
four
,
Replealed
.
1661.
so
as
they
be
entire
without
breaches
or
deforming
spots
,
except
in
payment
of
Country
Rates
to
the
Treasurer
,
which
no
Town
or
person
may
do
,
nor
he
accept
thereof
from
time
to
time
.
[
1643
,
48
,
49
,
50.
]
WATCHING
.
FOr
the
better
keeping
of
Watches
by
the
Constable
in
the
time
of
peace
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
A.
52.
p.
12.
That
all
Constables
Watches
in
every
Town
of
this
Jurisdiction
,
shall
begin
the
first
of
May
,
and
continue
till
the
end
of
September
,
upon
the
penalty
of
five
pounds
,
to
be
leavied
on
every
Constable
neglecting
the
same
.
Constable
to
set
the
Watch
And
it
shall
be
the
care
of
the
Constable
,
to
see
that
the
Watch
be
so
warned
,
that
it
may
not
consist
of
all
,
or
the
greater
part
.
Youths
,
but
that
able
men
be
joyned
with
them
,
that
the
Watch
may
be
a
sufficient
Watch
;
unless
the
Select-men
of
that
Town
,
who
have
hereby
power
,
shall
otherwise
Order
and
Dispose
the
said
Watches
,
both
respecting
time
,
place
,
A.
57.
p.
25.
number
and
quality
of
persons
,
as
to
them
shall
seem
most
meet
.
And
all
Inhabitants
of
this
Jurisdiction
(
except
such
as
are
by
Law
exempted
)
shall
according
as
they
are
warned
to
serve
the
Country
in
the
Constables
Watches
,
Select-men
to
order
Watches
duely
and
strictly
observe
the
charge
given
them
by
the
Constables
;
And
the
Constables
in
every
Town
from
time
to
time
,
are
hereby
enjoyned
to
give
in
their
charge
to
Watch-men
,
that
they
duely
examine
all
Night-walkers
after
ten
of
the
clock
at
night
(
unless
they
be
known
peaceable
Inhabitants
)
to
inquire
whether
they
are
going
,
Constables
charg
to
the
Watch
and
what
their
business
is
;
and
in
case
they
give
not
reasonable
satisfaction
to
the
Watch-men
or
Constable
,
Night-walkers
to
be
secured
then
the
Constable
shall
forthwith
secure
them
till
the
morning
,
and
shall
carry
such
person
or
persons
before
the
next
Magistrate
or
Commissioner
,
to
give
satisfaction
for
their
being
abroad
at
that
time
of
night
.
And
if
the
Watch-men
shall
finde
any
Inhabitant
or
Stranger
,
after
ten
of
the
clock
at
night
,
behaving
themselves
any
wayes
debauchedly
,
or
shall
be
in
drink
,
the
Constable
shall
secure
them
,
by
commitment
or
otherwise
,
till
the
Law
be
satisfied
.
Watch
to
cause
lights
to
be
put
out
And
further
,
the
Constable
is
to
give
the
Watch-men
in
charge
,
to
see
all
noises
in
the
streets
stilled
,
and
lights
put
out
(
except
upon
necessary
occasions
)
for
the
prevention
of
danger
by
fire
as
much
as
may
be
.
And
every
Constable
shall
present
to
one
of
the
next
Magistrates
or
Commissioners
,
L.
1.
p.
52.
the
Name
of
every
person
,
who
shall
upon
lawful
warning
refuse
or
neglect
to
Watch
or
Ward
,
Neglect
of
Watching
forfeit
5.8
.
either
in
person
,
or
by
some
other
sufficient
for
that
service
,
and
if
being
convented
,
he
cannot
give
a
just
excuse
,
such
Magistrate
or
Commissioner
shall
grant
Warrant
to
any
Constable
,
to
leavie
five
shillings
of
every
Offender
for
such
default
,
the
same
to
be
imployed
for
the
use
of
the
Watch
of
the
same
Town
.
And
it
is
the
intent
of
this
Law
,
that
every
person
of
able
body
(
not
excepted
by
Law
)
or
of
Estate
sufficient
to
hire
another
,
shall
be
liable
to
Watch
and
Ward
,
or
to
supply
by
some
other
,
Who
compellable
to
Watch
when
they
shall
be
thereunto
required
;
And
if
there
be
in
the
same
House
divers
such
persons
,
whether
Sons
,
Servants
or
Sojourners
,
they
shall
all
be
compellable
to
Watch
as
aforesaid
;
Provided
,
that
all
such
as
live
or
keep
Families
at
their
Farms
,
being
remote
from
any
Town
,
shall
not
be
compellable
to
Watch
and
Ward
in
Towns
.
[
1636
,
46
,
52
,
57.
]
THe
Court
understanding
there
is
much
inequality
,
in
that
divers
are
freed
from
those
Watches
,
whereof
all
do
receive
equal
benefit
,
for
an
Explicacation
of
the
Law
concerning
Constables
watches
;
Persons
exempt
from
Constables
Watches
Do
Order
,
the
Magistrates
,
Deputies
of
this
Court
for
the
time
being
,
Elders
of
Churches
,
the
publick
sworn
Officers
of
the
Country
,
with
the
Commission
Officers
in
each
Trained
Band
,
be
freed
from
all
ordinary
Watches
and
Wards
of
the
Constables
,
and
no
other
persons
,
except
such
persons
as
shall
have
special
and
personal
Freedome
by
Order
of
this
Court
;
any
former
Grant
or
Custome
notwithstanding
.
[
1661.
]
Weights
and
Measures
.
TO
the
end
Measures
and
Weights
may
be
one
and
the
same
throughout
this
Jurisdiction
;
Standards
to
be
provided
by
the
Treasurer
It
is
Ordered
by
the
Authority
of
this
Court
;
That
the
Country
Treasurer
shall
provide
upon
the
Countries
charge
,
Weights
and
Measures
of
all
sorts
,
for
continual
Standards
,
to
be
Sealed
with
the
Countries
Seal
,
viz.
one
Bushel
,
one
half
Bushel
,
one
Peck
,
one
half
Peck
,
one
Ale
quart
,
one
Wine
pint
,
and
half
pint
,
one
Eln
,
one
Yard
,
as
also
a
set
of
Brass
Weights
to
four
pound
,
which
shall
be
after
sixteen
Ounces
to
the
Pound
,
with
fit
Scales
,
and
steal
Beams
to
weigh
and
try
withal
.
And
the
Constable
of
every
Town
within
this
Jurisdiction
,
shall
within
three
Moneths
after
publication
hereof
,
provide
upon
the
Town
charge
,
Constables
to
privide
Standards
for
Towns
all
such
Weights
,
at
least
of
Lead
,
and
also
sufficient
Measures
as
are
above
exprest
,
tryed
and
Sized
by
the
Country
Standards
,
and
Sealed
by
the
said
Treasurer
,
or
his
Deputy
in
his
presence
,
(
which
shall
be
kept
and
used
only
for
Standards
for
their
several
Towns
)
who
is
hereby
Authorized
to
do
the
same
,
for
which
he
shall
receive
from
the
Constable
of
each
Town
two
pence
for
every
Weight
and
Measure
so
proved
,
sized
and
sealed
.
And
the
said
Constable
of
every
Town
,
Sealer
to
be
chosen
by
the
Select
men
shall
commit
those
Weights
and
Measures
unto
the
custody
of
the
Select-men
of
their
Towns
for
the
time
being
,
who
with
the
said
Constable
are
hereby
enjoyned
to
chuse
one
able
man
to
be
Sealer
of
such
Weights
and
Measures
for
their
own
Town
from
time
to
time
,
and
till
another
be
chosen
,
which
man
so
chosen
,
they
shall
present
to
the
next
County
Court
,
To
be
sworn
at
the
County
Court
there
to
be
sworn
to
the
faithful
discharge
of
his
duty
,
who
shall
have
power
to
send
forth
his
Warrants
by
the
Constable
,
to
all
the
Inhabitants
of
their
Town
to
bring
in
all
such
Measures
and
Weights
as
they
make
any
use
of
,
in
the
second
Moneth
from
year
to
year
,
His
duty
at
such
time
and
place
as
he
shall
appoint
,
and
make
a
return
to
the
Sealer
in
Writing
of
all
persons
so
summoned
;
that
then
and
there
all
such
Weights
and
Measures
may
be
proved
and
sealed
with
the
Town
Seal
,
(
such
as
in
the
Order
for
Town
Cattle
)
provided
by
the
Constable
at
each
Towns
charge
;
who
shall
have
for
every
Weight
and
Measure
so
Sealed
one
penny
from
the
Owners
thereof
at
the
first
Sealing
.
His
Fees
.
And
all
such
Measures
and
Weights
as
cannot
be
brought
to
their
just
Standard
,
he
shall
deface
or
destroy
;
and
after
the
first
sealing
shall
have
nothing
so
long
as
they
continue
just
with
the
Standard
.
And
that
none
may
neglect
their
Duty
herein
;
It
is
further
Ordered
by
the
Authority
aforesaid
;
That
if
any
Constable
,
Select-men
,
or
Sealer
,
do
not
execute
this
Order
as
to
every
of
them
appertains
,
they
shall
forfeit
to
the
Common
Treasury
forty
shillings
for
every
such
neglect
,
the
space
of
one
Moneth
;
and
also
that
every
person
neglecting
to
bring
in
their
Weights
and
Measures
at
the
time
and
place
appointed
,
they
shall
pay
three
shillings
four
pence
for
every
such
default
,
one
half
part
whereof
shall
be
to
the
Sealer
,
and
the
other
half
to
the
Common
Treasury
,
which
the
Sealer
shall
have
power
to
leavie
by
distress
from
time
to
time
.
[
1647.
]
2.
This
Court
considering
the
Complaints
of
several
Abuses
,
A.
55.
in
Measuring
Corn
,
Boards
,
and
Cording
of
Wood
;
Doth
Order
,
That
it
shall
be
in
the
power
of
the
Select-men
of
every
Town
,
to
appoint
one
or
two
,
or
more
as
need
shall
require
,
who
shall
be
sworn
faithfully
and
uprightly
,
Select-men
to
appoint
measures
of
Corn
&c.
to
Measure
all
such
Corn
,
Wood
or
Boards
,
as
they
shall
be
called
unto
;
and
that
no
man
shall
be
forced
to
receive
any
Corn
,
Wood
or
Boards
,
(
except
they
agree
thereunto
)
but
such
as
is
Measured
by
such
person
or
persons
so
appointed
and
Sworn
;
the
parties
receiving
the
Corn
,
Wood
or
Boards
,
paying
for
the
Measuring
thereof
.
1655.
WHARFAGE
.
Rates
for
Wharfage
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
these
Orders
shall
be
observed
by
all
such
as
shall
bring
Goods
to
any
Wharf
,
and
these
Rates
following
be
allowed
:
First
,
For
Wood
by
the
Tun
three
pence
;
for
Timber
by
the
Tun
four
pence
;
for
Pipe-staves
by
the
thousand
nine
pence
;
for
Boards
by
the
thousand
six
pence
.
for
Merchants
Goods
,
whether
in
Cask
or
otherwise
by
the
Tun
,
six
pence
;
for
Dry
Fish
by
the
Quintal
one
penny
;
for
Corn
by
the
Quarter
one
penny
and
a
half
penny
;
for
great
Cattle
by
the
Head
two
pence
;
for
Goats
,
Swine
,
or
other
small
Cattle
,
except
such
as
are
sucking
their
Dams
,
by
the
Head
a
half
penny
;
for
Hay
,
Straw
,
and
all
such
Combustable
Goods
,
by
the
Load
six
pence
;
for
Stones
,
by
the
Tun
a
penny
;
for
Cotton
Wool
,
by
the
Bag
two
pence
;
for
Sugar
,
by
the
Chest
three
pence
:
Provided
that
Wharfage
be
taken
only
where
the
Wharfs
are
made
and
maintained
;
and
that
Wood
,
Stone
and
weighty
Goods
,
shall
be
set
up
an
end
,
or
laid
seaven
foot
from
the
side
of
the
Wharf
,
upon
penalty
of
double
Wharfage
,
and
so
for
other
Goods
,
and
that
no
Goods
lye
on
the
Wharf
above
forty
eight
hours
without
further
agreement
with
the
Wharfinger
:
And
that
it
shall
be
lawful
for
the
Wharfinger
to
take
according
to
these
Rates
out
of
the
Goods
that
are
Landed
,
except
they
be
satisfied
otherwise
.
2.
And
it
is
further
Ordered
;
That
none
shall
cast
an
Anker
,
Graplin
,
or
Killack
,
within
or
neer
the
Cove
at
Boston
,
Casting
Ank●r
in
the
cove
penalty
.
where
it
may
indanger
any
other
Vessels
,
upon
penalty
of
ten
shillings
,
half
to
the
Country
,
half
to
the
Wharfinger
,
besides
paying
all
Damages
.
3
And
that
it
shall
not
be
lawful
for
any
person
to
cast
any
Dung
,
Draught
,
Dirt
,
or
any
thing
to
fill
up
the
Cove
,
Casting
in
dung
penalty
40
ss.
or
to
annoy
the
Neighbours
,
upon
penalty
of
forty
shillings
,
the
one
half
to
the
Country
,
the
other
half
to
the
Wharfinger
.
[
1647.
]
WILLS
.
WHereas
it
is
found
by
experience
,
that
some
men
dying
,
having
made
their
Wills
for
the
disposing
of
their
Estates
,
that
the
said
Wills
are
concealed
,
and
not
Proved
and
Recorded
;
L.
2.
p.
16.
and
some
others
dying
Intestate
,
no
Administration
is
sought
for
,
nor
granted
in
any
legal
way
,
and
yet
the
Wives
,
Children
,
Kindred
,
or
some
friends
of
the
Deceased
,
or
some
others
do
enter
upon
the
Lands
,
and
possess
themselves
of
the
Goods
of
the
said
Deceased
,
and
the
same
are
many
times
sold
or
wasted
before
the
Creditors
to
whom
the
Deceased
was
indebted
knew
of
whom
to
Demand
,
or
how
to
recover
their
just
Debts
;
For
prevention
of
such
unjust
and
fraudulent
dealings
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
if
any
Executor
Nominated
in
any
Will
,
and
knowing
thereof
,
shall
not
at
the
next
Court
of
the
County
,
which
shall
be
above
thirty
dayes
,
after
the
decease
of
the
party
,
make
Probate
of
any
Will
of
any
deceased
party
,
Will
to
be
proved
next
Court
or
shall
not
cause
the
same
to
be
Recorded
,
by
the
Recorder
or
Clerk
of
that
County
Court
where
the
deceased
party
last
dwelt
,
or
if
any
person
whatsoever
,
shall
not
within
the
same
time
take
Administration
of
all
such
Goods
,
as
he
hath
or
shall
enter
upon
of
any
Party
deceased
,
or
if
any
person
or
persons
shall
Alienate
or
Imbezel
any
Lands
or
Goods
,
Entring
the
estate
without
Administration
obtained
before
they
have
Proved
and
Recorded
the
Will
of
the
Deceased
,
or
taken
Administration
,
and
brought
in
a
true
Inventory
of
all
the
known
Lands
,
Goods
and
Debts
of
the
deceased
;
every
such
person
so
Administring
or
Executing
,
Liable
to
pay
all
Debts
.
shall
be
Liable
to
be
Sued
,
and
shall
be
bound
to
pay
all
such
Debts
respectively
,
as
the
deceased
party
owed
,
Five
pound
per
month
so
〈◊〉
proving
Wills
whether
the
estate
of
the
deceased
were
sufficient
for
the
same
or
not
,
and
shall
also
forfeit
to
the
Country
so
many
summs
of
five
pounds
as
shall
be
Months
betwixt
the
next
Court
of
that
County
,
after
the
death
of
the
party
as
aforesaid
,
and
the
proving
of
such
Will
,
and
Recording
it
,
or
the
taking
of
such
Administration
.
If
Executor
Renounce
,
the
Clerk
to
give
notice
to
Court
And
if
any
person
shall
Renounce
his
Executorship
,
or
that
none
of
the
friends
or
kindred
of
the
deceased
party
that
shall
dy
intestate
,
shall
seek
for
Administration
of
such
persons
estate
,
then
the
Clerke
of
the
writts
of
such
Town
where
any
such
person
shall
dy
,
shall
within
one
Month
after
his
decease
,
give
notice
to
the
Court
of
that
County
to
which
such
Town
doth
belong
,
of
such
Renouncing
of
Executorship
,
or
not
seeking
of
Administration
,
that
so
the
Court
may
take
such
Order
therein
as
they
shall
think
meet
,
Or
forfeit
40
ss
who
shall
also
allow
such
Clerke
due
recompence
for
his
paines
,
and
if
any
such
Clerke
shall
faile
herein
,
he
shall
forfeit
forty
shillings
to
the
Treasury
for
every
months
default
.
[
1649.
]
2.
And
because
many
Merchants
,
Seamen
and
other
Strangers
,
resorting
resorting
hither
oftentimes
,
A.
52.
P.
15
Dying
and
leaving
their
Estates
undisposed
of
,
and
very
difficult
to
be
preserved
in
the
interim
from
one
County
Court
to
another
:
It
is
therefore
Ordered
,
that
it
shall
and
may
be
Lawfull
for
any
two
Magistrates
with
the
Recorder
or
Clerk
of
the
County
Court
,
Meeting
together
,
to
allow
of
any
Will
of
any
decased
party
,
to
the
Executors
or
other
persons
in
the
Will
mentioned
,
Two
Magistrates
to
take
probate
of
Wills
.
so
as
the
Will
be
testified
on
the
Oath
of
two
or
more
Witnesses
,
and
also
to
Graunt
Administration
to
the
Estate
of
any
person
dying
intestate
within
the
said
County
,
to
the
next
of
Kin
,
To
graunt
Administration
or
to
such
as
shall
be
able
to
secure
the
same
for
the
next
of
Kin
,
and
the
Recorder
or
Clerk
of
the
Court
,
shall
enforme
the
rest
of
the
Magistrates
of
the
County
,
at
the
next
County
Court
,
of
such
Will
proved
or
Administration
Graunted
,
and
shall
Record
the
same
.
[
1652.
]
3.
And
it
is
Ordered
,
L.
1.
P.
53.
L.
2
P.
6.
that
when
the
Husband
or
Parents
dy
intestate
,
the
County
Court
of
that
Jurisdiction
where
the
party
had
his
last
Residence
,
shall
have
Power
to
assign
to
the
widdow
,
such
a
part
of
his
estate
as
they
shall
judge
just
and
equal
;
County
Court
to
divide
the
estate
undisposed
.
as
also
to
divide
and
assigne
to
the
Children
or
other
Heires
their
several
parts
and
portions
out
of
the
said
estate
.
Eldest
Son
a
double
portion
Provided
,
the
Eldest
Son
shall
have
a
double
Portion
,
and
where
there
are
no
Sons
,
the
Daughters
shall
inherit
as
Copartners
,
unless
the
Court
upon
Court
upon
just
Cause
alledged
shall
otherwise
determine
.
[
1641
,
49.
]
WITNESSES
.
IT
is
Ordered
,
Decreed
and
by
this
Court
Declared
,
that
no
man
shall
be
put
to
Death
,
without
the
Testimony
of
two
or
three
Witnesses
,
or
that
which
is
equivalent
thereunto
.
[
1641.
]
Testimonies
taken
before
one
Magistrate
.
2.
And
it
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
any
one
Magistrate
or
Commissioner
Authorized
thereunto
by
the
General
Court
,
may
take
the
Testimony
of
any
person
of
fourteen
yeares
of
age
,
or
above
;
of
sound
understanding
and
reputation
,
in
any
Case
,
Civill
or
Criminal
,
and
shall
keep
the
same
in
his
own
hands
till
the
Court
,
or
deliver
it
to
the
Recorder
,
Witnesses
to
appear
personally
living
within
ten
miles
publick
Notary
or
Clerk
of
the
writts
,
to
be
Recorded
,
that
so
nothing
may
be
altered
in
it
.
Provided
that
where
any
such
witness
shall
have
his
abode
within
ten
miles
of
the
Court
,
and
there
living
and
not
disonabled
by
sickness
or
other
infirmity
,
the
said
Testimony
so
taken
out
of
Court
,
shall
not
be
received
or
made
use
of
in
the
Court
,
except
the
witnesses
be
also
present
to
be
further
Examined
about
it
.
Provided
also
that
in
all
Capital
Cases
,
all
Witnesses
shall
be
present
,
wheresoever
they
dwell
.
And
in
Capital
Cases
,
3.
And
it
is
further
Ordered
by
the
Authority
aforesaid
,
That
any
person
Summoned
to
appear
as
a
Witness
in
any
Civil
Court
between
party
and
party
,
Witness
to
have
allowance
for
charges
laid
down
.
shall
not
be
compellable
to
travail
to
any
Court
or
place
where
he
is
to
give
his
Testimony
,
except
he
who
shall
so
Summon
him
shall
lay
down
or
give
him
satisfaction
for
his
Travail
&
Expences
outward
and
homeward
,
and
for
such
time
as
he
shall
spend
in
attendance
in
such
case
when
he
is
at
such
Court
or
place
,
the
Court
shall
Award
due
Recompence
.
And
it
is
Ordered
that
two
shillings
a
day
shall
be
accounted
due
satisfaction
to
any
witness
for
Travail
and
Expences
,
Two
shillings
a
day
and
that
when
the
witness
dwelleth
within
three
miles
and
is
not
at
charge
to
pass
over
any
other
Ferry
then
betwixt
Boston
&
Charlstown
,
then
one
shilling
six
pence
per
diem
shall
be
accounted
sufficient
,
One
shilling
six
pence
a
day
.
and
if
any
witness
after
such
payment
or
satisfaction
,
shall
faile
to
appear
to
give
his
Testimony
,
he
shall
be
liable
to
pay
the
parties
damages
upon
an
action
of
the
Case
.
Witnes
not
appearing
to
pay
damage
.
And
all
Witnesses
in
Criminal
Cases
shall
have
suitable
satisfaction
payd
by
the
Treasurer
,
upon
Warrant
from
the
Court
or
Judge
before
whom
the
Case
is
tryed
.
In
Criminal
Cases
witnes
to
be
paid
by
the
Treasurer
,
and
levyed
on
the
Delinquent
.
And
for
a
General
Rule
to
be
observed
in
all
Criminal
Cases
,
both
where
the
Fines
are
put
in
certain
,
and
also
where
they
are
otherwise
;
It
is
further
Ordered
by
the
Authority
aforesaid
,
that
the
charges
of
witnesses
in
all
such
Cases
shall
be
born
by
the
parties
delinquent
,
and
shall
be
added
to
the
Fines
imposed
,
that
so
the
Treasurer
haveing
upon
Warrant
from
the
Court
,
or
other
Judge
satisfied
such
Witnesses
,
it
may
be
repayed
him
with
the
fine
,
that
so
the
witnesses
may
be
timely
satisfied
and
the
Country
not
damnified
.
[
1647.
]
WOLVES
.
WHereas
great
Loss
and
Damage
doth
befall
this
Common-wealth
by
reason
of
Wolves
,
which
destroy
great
numbers
of
our
Cattle
,
notwithstanding
provision
formerly
made
by
this
Court
for
suppressing
of
them
:
A.
48.
therefore
for
the
better
incouragement
of
any
to
set
about
a
work
of
so
great
concernmēt
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
,
that
any
person
either
English
or
Indian
that
shall
kill
any
Wolfe
or
Wolves
,
Law
about
Wolves
.
within
ten
miles
of
any
Plantation
in
this
Jurisdiction
,
shall
have
for
every
Wolfe
by
him
or
them
so
killed
ten
shillings
,
paid
out
of
the
Treasury
of
the
Country
;
Provided
that
due
proof
be
made
thereof
unto
the
Plantation
next
adjoyning
where
such
Wolfe
or
wolves
were
killed
:
And
also
they
bring
a
Certificate
under
some
Magistrates
hand
,
or
the
Constable
of
that
place
unto
the
Treasurer
;
Provided
also
that
this
Order
doth
intend
onely
such
Plantations
as
do
Contribute
with
us
to
publick
charges
,
and
for
such
Plantations
upon
the
River
of
Piscataway
that
do
not
joyn
with
us
to
carry
on
publick
charges
,
they
shall
make
payment
upon
their
own
charge
.
[
1645.
]
BEsides
all
other
Considerations
and
Provisions
for
the
destruction
of
Wolves
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
every
such
Indian
or
Indians
,
as
shall
any
way
destroy
any
Wolfe
or
Wolves
,
and
deliver
the
Heads
of
such
Wolves
unto
the
Select
men
of
any
Township
in
this
Jurisdiction
;
shall
receive
of
such
Select
men
,
either
two
pounds
of
Powder
,
and
eight
pounds
of
Shot
,
or
one
pound
of
powder
,
and
four
pounds
of
shot
,
and
five
shillings
in
Corne
or
other
pay
,
or
else
they
shall
receive
of
the
Country
Treasurer
,
Ten
shillings
a
head
,
and
no
powder
and
shot
,
which
such
Indian
shall
chuse
;
and
such
Select
men
as
shall
pay
any
Indian
according
to
their
order
,
shall
rebate
it
out
of
their
next
Country
Rate
with
the
Treasurer
;
any
Law
or
Custome
to
the
contrary
notwithstanding
,
and
all
Select
men
or
others
that
by
virtue
of
this
Order
or
any
other
,
shall
make
payment
for
any
Wolves
,
shall
cut
off
the
Eares
of
all
such
Wolves
heads
,
and
cause
them
to
be
buried
,
that
so
none
may
be
twice
paid
for
.
[
1661.
]
THis
Court
doth
Order
,
as
an
Encouragement
to
persons
to
destroy
Wolves
;
That
henceforth
every
person
killing
any
Wolfe
,
shall
be
allowed
out
of
the
Treasury
of
that
County
where
such
Wolfe
was
Slain
,
Twenty
shillings
,
and
by
the
Town
Ten
shillings
,
and
by
the
Country
Treasurer
Ten
shillings
;
which
the
Constable
of
each
Town
(
on
the
sight
of
the
eares
of
such
Wolves
being
cut
off
)
shall
pay
out
of
the
next
Country
Rate
,
which
the
Treasurer
shall
allow
.
[
1662.
]
WOOD.
FOr
the
avoyding
of
Injuries
by
Carts
and
Boats
,
to
Seller
and
Buyers
of
Wood
;
It
is
Ordered
by
this
Court
and
the
Authority
thereof
;
That
where
Wood
is
brought
to
any
Town
or
House
by
Boat
,
it
shall
be
thus
Accounted
and
Assized
;
A
Boat
of
four
Tuns
shall
be
accounted
three
Loads
,
twelve
Tuns
,
nine
Loads
,
twenty
Tun
,
fifteen
Loads
,
six
Tun
,
four
Load
and
halfe
,
fourteen
Tun
,
ten
Load
and
halfe
,
twenty
four
Tun
,
eighteen
Load
,
eight
Tun
,
six
Load
,
sixteen
Tun
,
twelve
Load
,
twenty
eight
Tun
,
twenty
one
Load
,
ten
Tun
,
seven
Load
and
halfe
,
eighteen
Tun
,
thirteen
Load
and
halfe
,
thirty
Tun
,
twenty
two
Load
and
halfe
.
Except
such
Wood
as
shall
be
sold
by
the
Cord
,
which
is
and
is
hereby
Declared
,
to
be
Eight
foot
in
length
,
four
scot
in
height
,
and
four
foot
broad
.
[
1646
,
1647.
]
WORKMEN
.
BEcause
the
harrest
of
Hay
,
Corn
,
Hemp
and
Flax
,
comes
usually
so
neer
together
,
that
much
l●ss
can
hardly
be
avoyded
;
It
is
therefore
Ordered
by
the
Authority
of
this
Court
,
That
the
Constables
of
every
Town
upon
Requst
made
to
them
,
shall
Require
any
Artificers
or
handy
crafts
men
meet
to
Labour
,
to
work
by
the
day
for
their
Neighbours
in
mowing
,
reaping
of
Corn
,
and
inning
thereof
,
;
Provided
that
those
men
whom
they
work
for
,
shall
duely
pay
them
for
their
work
;
And
that
if
any
person
so
Required
shall
refuse
,
or
the
Constable
neglect
his
Office
herein
,
they
shall
Each
of
them
pay
to
the
use
of
the
Poor
of
the
Town
,
double
so
much
as
such
Dayes
work
comes
unto
;
Provided
no
Artificer
or
Handy-crafts-man
shall
be
compelled
to
Work
as
aforesaid
,
for
others
whiles
he
is
necessarily
attending
on
the
like
Busines
of
his
owne
.
[
1646.
]
WRECKS
OF
THE
SEA
.
IT
is
Ordered
,
Decreed
,
and
by
this
Court
Declared
;
That
if
any
Ships
or
other
Vessels
,
be
it
Friend
or
Enemy
,
shall
suffer
Ship
wreck
upon
our
Coasts
;
there
shall
be
no
violence
o●
wrong
offered
to
their
Persons
or
Goods
,
but
their
Persons
shall
be
Harboured
and
Releived
,
and
their
Goods
preserved
in
safety
,
till
Authority
may
be
Certified
and
shall
take
further
Order
therein
.
Also
any
Whale
,
or
such
like
great
Fish
cast
upon
any
shore
,
shal
be
be
safely
kept
,
or
improved
where
it
cannot
be
kept
▪
by
the
Towne
or
other
Proprietor
of
the
I
and
,
till
the
General
Court
shall
take
Order
for
the
same
.
[
1641
,
1647.
]
WRITS
.
IT
is
Ordered
by
this
Court
and
the
Authority
thereof
,
That
henceforth
all
Writts
,
Process
and
Indictments
,
shall
by
all
Magistrates
,
the
Secretary
,
Clerks
of
the
several
Courts
and
Writts
,
be
made
and
sent
forth
in
his
Majesties
Name
:
i.
e.
You
are
hereby
Required
in
his
Majesties
Name
&
:
[
1662.
]
FINIS