Actions.

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

Time of Entry of Actions2. It is therefore Enacted by this Court, &c. That Actions shall be En­tred upon or before the first day of the Courts Sitting, and not after: and in case any Plaintiff shall delay his Entry longer than the Forenoon of the first day of the Court, he shall pay ten shillings to the Countrey or Counties use, besides the ordinary Fees for Trial of Actions; to this end all Marshals and Constables are required to make their Returns of all Summons and Attachments, and their doings therein under their hands, Time of return of warrants by the Marshal or Constable sometime at or before the first sitting of the Court that is to take cognizance of the Case; or seasonably give to the Party the Summons or Attachment Sealed up and directed to the Clerk of the Court to which the same is Returnable.

Chrages of Tryals3. That the ordinary settled Charges for Entring of Actions, shall be fifteen shillings and six pence at a Court of Assistants; which shall be thus divi­ded, two shillings to the Secretary, six pence to the Marshal, two shillings to the Fore-man of the Jury, and one shilling a piece to the rest of the Jury: and at a County Court, there shall be paid nine shillings for Entring an Action, to be divided according to former custom, unless the County Courts have other­wayes agreed with their Officers, and made Provision for their Jurors: and for Entring an Action at a Select Court shall be paid three shillings: and on a Tryal before a Magistrate, shall be paid three shillings: for a Witness Sworn at home, one shilling, and two shillings a day for a Witness that tends the Court; and if the Defendant obtain a Verdict, he shall not only have his Cost allowed for Witnesses, as abovesaid; but two shillings and six pence per [Page 4]day for what time he hath necessarily attended on the Action, which shall be given without Suit; and this shall bar the Defendant from Suit, unless by Imprisonment or otherwayes he hath been more than ordinarily damni­fied.

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

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

What shal be grounds of Nonsuit and what not5. It is Enacted by this Court, That in all Summons or Attachments, the special ground of the Action shall be expressed, and that a Circumstantial Error in a Summons or Warrant, shall not be taken as a sufficient ground for a Non-suit, where otherwise both the Party and Case intended may be Rationally understood; and it shall also be expressed in the Warrant in what quality the Plantiff Sues, whither as Principle, Attorny, Guardian, or otherwise.

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

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

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

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

10. Be it Enacted, That no man in any Suit or Plaint against another shall falsly pretend great Damages, or Debts, to vex or discredit his Adver­sary; Vexations Suits. and in all Cases where it appears to the Court that the Plantiff hath willingly wronged the Defendant in commencing Suit, or prosecuting com­plaint or Inditement against him, he shall pay unto the Defendant double costs, besides damage, and be Amerced to the Country or County, not excee­ding [Page 5] five pounds, as the Case may be circumstanced for such his vexatious Suit or Plaint.

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

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

Foreigners to give Security to respond Costs before Summons or Attachment gr nted.13. That no Attachment or Summons shall be granted in any Civil Action to any Forreigner against a settled Inhabitant of this Jurisdiction, or against a Forreigner before he hath given sufficient security, or caution duly to Pro­secute his Action, and to answer the Defendant such Cost and Damages as the Court may award, on penalty of making good the Damage by the Granter.

14. And it is further Ordered, That in all Attachments of Goods and Chattels, Lands or Heriditaments, In Attachment of Goods, &c. Legal notice to be given to the parties concerned Lands or Heriditaments, whether it be by Forreigners or settled In­habitants, Legal notice shall be given to the Party concern'd, either personal­ly or by leaving a Copy of the Summons, or Attachment, five compleat working dayes before the Court, at the House or place of, or that was his usual abode before the Suit proceed; but if he be out of the Jurisdiction, the Cause notwithstanding shall proceed to Tryal; and if Judgment pass for the Plantiff, it shall be Entred, And in what case Execution shall be respi­ted. but Execution shall not be granted until the next Court, and that the Plantiff hath given sufficient Security to be Responsible to the Defendant, if he shall Reverse the Judgment within one Year, or such further time as the Court shall see cause to order.

15. Be it Enacted, That henceforth Lands or Goods, Attacht to a Tryal shall not be Released upon the Appearance of the Party or Judgment given, lands or goods Attacht when to be released and when not. but shall stand ingaged until the Judgment or the Execution granted upon the said Judgment be discharged; provided Execution be levied thereon within one Month after Judgment: and that where any Marshal or Consta­ble, or their lawful Deputie, shall by virtue of any Warrant Attach any mans Person, he shall take Bond of him with sufficient Security, or Sureties, And so of Bonds and fur­ties. bound to such Officers for his or their Appearance at the Court Attached to, and to abide Tryal; and in case of Appeal, to the Court Appealed to, till the Judgment be there Entered; How the Offi­cer shall make his Return and that the Person Attached be forth-coming any time within six dayes after Judgment, for the Plantiff to lay his Execution on, if he see cause; after which time the Surety to be cleared: The offi­cer shall make his Return, and Indorse his Bond on the back-side of the At­tachment, and when the Officer shall deliver the Person to the Jaylor. or take the Bond and return the same with the Attachment to Court: And if any Person Attached shall neglect or refuse to give Bond, or sufficient Security, be shall by said Officer be delivered to the Jaylor of the County, who shall keep him in Custody until six dayes after Judgment, or till Released by the Party, at whose Suit Attached, and the Plantiff Levy his Execution afterwards as the Law Directs.

16. Liberty is granted by this Court to any person, to improve one or two Attorneys in any Civil Action, to help him in his Pleas, provided they be per­sons of good Repute, and such as the Court shall approve; and the said At­torneys are Required as to be faithful to their Client, Attorneys al­lowed so also to avoid fraudu­lent Pleas, that may have a tendency to mislead the Court, or darken the Case: and in no Case shall be allowed for Attoneys more than five shillings; and Attorney or Attorneys at Select Courts, or Magistrates Courts to be al­lowed but two shillings in any Case.

Barratry pun­ished.17. And it is Enacted, that if any Person be proved a common Barrater, by vexing others with unjust, frequent and troublesome Suits, it shall be in the power of the Court, both to eject his Cause, and punish him for his Barratry by Fine or Imprisonment.

18. It is Ordered, That no man's Person shall be Restrained, Imprison­ed by any Authority whatsoever, Who Bailable. before the Law hath Sentenced him there­unto, if he can put in sufficient Security, Bail or Mainprize for his Appea­rance and good Behaviour in the mean time, unless it be in Crimes Capital, and Contempt in open Court, or in such Case where some express Act of the General Court doth allow it.

No Levy on Lands where Goods found nor Surety Destrained where princi­le, sufficient, nor Beast of Plough or Draught.19. It is Ordered, That no Debt be Levied on Lands or Rents so long as the Debtor hath Goods and Chattels to be found to satisfie: neither shall the Pledges or Suits be Distreined, so long as the Principle or sufficient Estate of the Principles can be found, nor Beasts of the Plough or Draught for Debt, if others may be found to satifie it, except for Damage feizant.

20. That every Man shall have liberty to Replevy his Chattel or Goods Impounded, Replevin Distreined or Seized, unless it be upon Execution after Judg­ment, or for payment of Rates or Fines; Provided he put in Security to Prosecute his Replevin, and to satisfie such Damage and Charge, as his Ad­versary shall Recover against him in Law.

Age, Ability,

Age of Discre­tion21. IT is Ordered by this Court and the Authority thereof; That none shall have power to pass away Lands, Hereditaments, or other Estate; or be capable of Sueing, or being Sued at any Court in their own Person; neither shall give Votes, Verdicts or Sentence in any Civil Court or Cause, until he or they attain unto the age of twenty one years: But any Parent or Master, shall or may Require and Sue for Satisfaction for any wrong or da­mage done their Children or Servants. And any Orphan may have liberty to chuse their Guardian to act for them at fourteen years, to Secure or De­fend their Estate, or otherwise act for them as may be requisite, the Court allowing thereof; and the Court may chuse and appoint Guardians for such as are under fourteen years: But in any matter Criminal, as well younger as elder, shall be liable to Answer for the same in their own persons.

Appeals

22. IT is Ordered by this Court and the Authority thereof; That it shall be the liberty of any Person or Persons Cast of Sentenced, Liberty to ap­peal. in Cases Civil or Criminal, to Appeal, if from the Sentance or Determination of a Ma­gistrate or Select Court, or other Person Impowred to hear and determine in any Case as before, unto a County Court; and any may Appeal from a [Page 7]County Court to a Court of Assistants; alwayes Provided, they tender their Appeal in twenty four hours after Judgment, and the Court not Dissolved, and put in Security before the Judges of the Court (or according to their Order) to Prosecute their Appeal to effect, and to satisfie all Damage be­fore Execution granted: and in Criminal Cases, besides such Bond, to give Bond with Security for their good Behaviour until the time of the Court they Appeal to. And all Appeals shall be Recorded at the charge of the Party Appealing; and the Appealant shall briefly in Writing, by himself or Lawful Actorney, under his or their hand, deliver into the Clerk of the Court, or Person Appealed from (which shall be done without reflecting upon ei­ther Court or Party) the Grounds and Reasons of his Appeal, five com­pleat working dayes before the first morning of the Court Appealed to; to which Court the Clerk of the Court, or Person Appealed from, shall re­turn said Writing timely to the Court, and give Copies thereof to the De­fendant, he desiring and paying for the same. And whosoever shall Appeal to the County Court, and not prosecute his Appeal, besides his Bond, shall forfeit twenty shillings to the County; and whosoever shall Appeal to the Court of Assistants, and not prosecute the same, shall in like manner pay forty shillings to the Countrey.

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

Apprizements

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

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

Bills & Bonds

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

Book-Debts

In what case actions for Debt by Book or Account to be brought within 3 years2. IT is Ordered by this Court and the Authority thereof; That all Debts due by Book or Account, that are now due to any Person, shall be re­quired, received, or his Action for the same brought within three years after this present Session, or they shall from thence be for ever barred their Acti­on for the same, unless it be where either party is beyond Sea, under age, or non Compos mentis.

Merchants, Tradesmen & Dealers books3. It is Ordered by this Court; That every Merchant, Factor, Shop­keeper, Trades-man or Dealer, shall keep a Book of their Dealings and Trading, fairly written down, both Debt and Credit; an Account out of which Book compared in open Court, and Sworn to by said Merchants, Factors, Shop-keepers, Tradesmen or Dealer, or any of them, or their, or either of their Servants, it shall be accounted sufficient for proof of said Debt; Provided the same be put in Suit within six years after the Debt is contracted, any Law, What Testi­mony suffici­ent thereunto Custome, or Usage to the contrary notwithstanding: nevertheless if the Defendant will take his Oath, he had not by himself or any other, by his Order or Account the Goods charged, or that he had paid for the same, then shall the Case be judged according to the strongest presumption the parties concerned shall produce.

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

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

Bridges

Defects in Bridges & High­wayes to be presented, &c.6. IT is Ordered by the Court and the Authority thereof; That all de­fective Bridges and High-wayes, the Countrey, County, Town, or parti­cular persons, that of right ought to make and maintain the same; for neg­lect or defect therein, shall be liable to be Presented to the County Courts; [Page 9]who as the case is circumstanced, shall lay Countrey, County, Town or Per­son that is defective under such penalty as to them shall seem meet; that they in such time as shal be Ordered, Repair or make such Bridge or Way as is presented; and if they neglect or refuse to perform the same, within the time set, besides such Fine as is laid on them, shall pay double Damage to any particular Person that may suffer by reason thereof: and if it be the occasion of the Death, of any person after the time set them, for making or repairing the same, the Countrey, County, Town or Person defective shal [...] be liable to such reasonable satisfaction or fine to the Relations, as the Court shall judge meet.

Childrens Education

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

Select mens care that all Children and Servants be brought to RecordIt is Ordered; That the Select men of every Town, shall have a vigi­lant Eye from time to time over their Brethren and Neighbours, to see that all Parents and Masters do duely endeavour by themselves or others, to teach their Children and Servants as they grow capable, so much Learning as [Page 13]through the blessing of God they may attain; at least to be able duely to read the Scripture, and other profitable Books Printed in the English Tongue; and the knowledge of the Capital Laws; and in some competent measure, the main Grounds and Principles of Christian Religion, And Catichi­sed. necessary to Salvati­on; by causing them to learn some orthodox Catechisme without book, or otherwayes instructing them, as they may be able to give a due answer to such plain and ordinary questions as may by them or others be propounded to them concerning the same. And further, that all Parents and Masters do breed and bring up their Children and Apprentices in some honest lawful Calling and Imployment, that may be profitable for themselves and the Country. And if after Warning and Admonition given by any of the Select Men unto such Parents or Masters, they shall still remain negligent in their duty, in any of the particulars aforementioned, whereby Children or Servants may be in danger to grow Barbarous, Rude and Stubborn, and so prove Pests in stead of Blessings to the Country; That then a Fine of ten shillings shall be Levyed on the Goods of such Negligent Parent or Master to the Towns used, Or put out where they may. except extream poverty call for a Mitigation of the Fine. And if in three Months after that, there be no due Care taken, and continued for the Education of such Children and Apprentices as aforesaid, then a Fine of twenty shillings to be Levyed on such Delinquents to the Towns use; except as aforesaid. And lastly, if in three Months after that, their be no Reformation of the said Ne­glect, then the Select Men, with the Advice of two Magistrates shall put such Children to Apprentice; Boyes till they come to twenty one, and Girls eigh­teen years of Age, where they may be Educated according to the Rules of this Order.

Coopers, & Cask.

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

Clerks.

Clerks & Re­corders to issue forth warrants for the Towns to their Jurors to serve on the Grand Inquest and for tryals.2. IT is Enacted by this Court and the Authority thereof; That the Clerk of the Courts of Assistants, and Clerks of the County Courts, shall in convenient time before the fitting of each Court, send Warrants signed, as Clerk or Recorder of such Court, to the Constables of the Respective Towns, for Jurors to serve upon the Grand Inquest, and for Tryals: The Recorder of the Court of Assistants to Plimouth, and the Neighbour Towns; and the Clerk of the County Courts to the several Towns of the County, who shall upon the receipt of such Warrant give timely notice to the Town to [Page 14]Meet together, to chuse so many Able, Discreet Men as the Warrant shall re­quire; which Men so chosen, shall by the Constable be warned to attend the Respective Courts they are chosen to serve at; and shall make timely return of the Names of the Jurors so chosen to the respective Court, Indorsed on the said Warrant. The Grand Jury shall serve for a Year; and the Jury of Tryals only at the Court Summoned to serve at.

Constables.

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

2. And because a Constables place, as it is a place of trust is also Burthen­some: None to be compelled to serve again in seven years

It is therefore Ordered, That if any man have born the office of Con­stable, he shall not be compelled to Serve in the same Office in this Colony in seven years after.

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

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

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

Have a black Staff5. It is Ordered, &c. That every Constable shall have a black Staffe, (pro­vided [Page 15]at the charge of the Town, Tipped with Brass, as a Badge of his Of­fice, which as he hath opportunity shall take with him when he goeth to dis­charge any part of his Office; yet notwithstanding, the want of his Staff shall not binder him from Executing his Office in any kind, if occasionally he be without it, nor exempt any from assisting him therein that may know him to be the Constable: but where he hath a Warrant in Writing, he shall not need to have his Constables Staff in executing the same.

6. It is further Ordered; That any and every person tendred to any Con­stable of this Jurisdiction, by any Constable or other Officer of our own, Convey Offen­ders from Con­stable to Con­stable. or belonging to any forreign Jurisdiction in this Countrey, 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 came shall require: and all Hues and Cries shall be due­ly received and diligently pursued to full effect: And where no Magistrate is near, every Constable shall have full power to make, Put forth Hue & Cries in case sign and put forth Pursuits of Hues and Cries after Murtherers, Man slayers, Peace breakers, Thieves, Robbers, Burglarers, and other Capital Offenders; as also to Ap­prehend without Warrant such as are overtaken with Drink, Swearing, Sabbath-breaking, Vagrant Persons, Night-walkers, provided they be taken in the manner, either by the sight of the Constable, Apprehend of­fenders. or by present information by others: As also to make search for all such persons, either on the Sab­bath day or other, when there shall be occasion, Make Search in all Houses Licensed to Sell either Wine or Beer, or in any other suspected or disordered place; and those to Apprehend and keep in safe custody till opportunity serve to bring them before one of the next Magistrates, or other Person Authorized, to further Examination; provided, when any Constable is imployed by any of the Magistrates for Apprehending of any person, he shall not do it with­out Warrant in Writing: & if any person shall refuse to assist any Constable or Marshal in the Execution of his Office in any of the things aforemention­ed, or otherwise as the Case shall require, being by him required thereto; All to assist the Constable on penalty the y shall pay for neglect thereof ten shillings to the use of the Countrey, to be levied by Warrant by any Magistrate before whom any such Offender, shall be brought and convicted: and if it appear by good Testimony, that any shall wilfully, obstinately and contemptuously refuse or neglect to assist any Constable, as is before expressed, he shall pay to the use of the Country forty shillings.

7. It is Enacted, &c. That all Rates, whether the Countrey, County, Minister or Town, orderly committed to the Constable, under the hand of the Raters, shall be collected, gathered, Rates to be Collected and paid within the time limited. and paid by or within the time or times limited for gathering or paying the same; and if any Constable shall neglect to gather any Rate committed to him, and to pay the same to the party or parties to whom such Rates belong, by the space of thirty dayes after the time limited be expired, such Constable shall be liable to pay such Rate himself, or so much thereof as remains unpaid; the same to be recovered by Suit or Distraint on his Estate, by the respective Treasurers, On penalty. if belonging to the Countrey or County: and by the Select men of the Town if belonging to the Minister or Town: and if taken by Distress, it shall be by Warrant to the Marshal of the County under the hands of two Magistrates, who shall Grant the same upon Request: and if the Constable have not sufficient Estate whereon to Levy such Distiess, then the Distraint shall be made upon the Estate of any Man or Men in the Town [...], and they upon Request to the County Court, shall have Order to have a Rate made on the Town for [Page 16]the Repayment of the same, with all meet Damages.

May Distrain without War­rant. Fees for distres8. It is Enacted; &c. That the Constable ex Officio, or without Warrant Distrein on the Estate of any Man for his Rate that refuseth or neglects to pay the same, according to Order; and besides his Rate to take a shilling for such Distress: and notwithstanding the Expiration of his Office, he may have a Warrant from a Magistrate directed to the present Constable, Liberty to ga­ther Rates af­ter his year But not to De­strain for what was paid be­fore on penalty nor but with­in three years to Distrain for any Rate unpaid; who shall deliver the Goods Distrained to the Consta­ble to whom it was first payable, and the Constable to take a shilling for such Distress: and if any Constable procure a Warrant, and Distress to be made for a Rate paid before, or more than due, he shall be liable to pay double Da­mages to the party: and if such negligent Constable procure not Destraint to be made within three years after the making such Rate, he shall be without remedy to Recover the same for ever. Vide more in Title Marshals and Con­stables Directions.

Constabl. have the power of water-Bayliffs9. That all Constables shall have power of Wat [...] Bayliffs on the Waters, Creeks and Harbours adjoyning to their several Towns.

Conveyances Fraudulent.

IT is Enacted, That all Deceitful and Fraudulent Alienations, and Convey­ances of Houses, Lands, or other Estate, shall be of no validity to defeat any man of any due Debt, just Claim, Title or Possession of that which is so Fraudulently gotten or detained.

And first the General Court

1. THe General Court shall consist of the Governour, Deputy Gover­nour and Assistants, General courts constitution & wer. and Deputies for each Township in this Juris­diction, who shall be sent to each General Court, as the Countries Represen­tatives; who together with the Magistrates, shall have full power to consult of, and determine all such matters; and to Make and Establish all such Laws and Orders as concern the Publick▪ Welfare of this Colony: the matter of Election of Magistrates and other Officers only excepted; wherein every [Page 17]Freeman is to give his Vote according to the accustomed usage of this Court.

2. It is Enacted, that this General Court and all the Members thereof shall meet and sit at Plimouth on the first Tuesday in June, Place & time of sitting Annually (nothing extraordinary preventing) and that then there shall be the Electi­on of all our Magistrates, viz. a Governour, Deputy Governour, Election of governour, &c. and six Assistants; and likewise the Election of two Commissioners for the united Colonies, and our Treasurer; who shall be all chosen out of the Free-men, and by the free Votes of the Free-men of this Corporation, and not other­wayes. And that the Magistrates and Deputies shall continue together, to consider and Order all such Affairs of this Jurisdiction as shall be within their Cognizance, Trust and Power, To Dissolve or Adjourn untill they shall see cause to Dissolve or Adjourn the said Court unto another time.

3. It is also Ordered, That besides the said fixed Courts, the Gover­nour, or in his absence the Deputy Governour, and in their absence, Power to sum mon a Gene­ral Court on special occasi­on. the greater part of the Magistrates of this Jurisdiction, shall have power to Summon a General Court, either the whole Body of Free-Men, or their Representa­tives at any time, as the urgent and extraordinary occasions of this Jurisdiction, or any part thereof may require. And if any of the aforesaid Magistrates, or Deputies shall without just cause either be absent at the first sitting of any of the said General Courts, whether ordinary or extraordinary, Fine for non-appearance or departure, without li­cence. or without leave depart, or disorderly absent him or themselves from the service thereof, before the Court be finished, he or they shall each of them pay twenty shillings for a fine to the Jurisdiction for such absence or Departure. But if the absence or Departure be mingled with Contempt or wilful neglect, the Fine shall be encreased as the Court upon due consideration of the Offence, Increased by contempt. with the Ag­gravations shall judge meet.

4. Free-mens li­berty to send Votes by proryAnd in regard that through Age, Inability of Body, or Urgency of occasions many of the Free-men cannot attend the Courts of Election: Liber­ty is hereby granted to such of the Free-men as will not be there in Person, to send their Votes by Proxy, viz. by Deputies of their Respective Towns, pro­vided that such Votes be given to the said Deputies in open Town-meeting; and shall by the Town Clerk there be Sealed up severally (that is to say) Votes for the Governour by themselves, Sealed up for the Deputy Governour by themselves, and Assistants by themselves &c. and that the Deputies also take a List of the Names of such as sent Votes by them, Penalty for neglect. that they may answer for them when they are called. And that whosoever of the Free-men do not ap­pear at Election in Parson, or by Proxy, And for non-Free-men vo­ting, and Free mens putting in more votes than one for one Person. he shall be for such neglect Amer­ced to the Treasury, ten shillings, and every Free-man to put in his Votes for the six Assistants in one Paper. If any man put in a Vote that is not a Free-man, or any Free-man put in at one time more than one Vote for a man to any one Office, he shall pay ten pound Fine to the Colony.

5. Forasmuch as the Free-men of this Corporation, and by Records ap­pears, having publickly been declared to be the Associates of this Government, Free-mens Power. and have the Priviledge and Power of chusing Officers, and by themselves and Representatives together with the Magistrates of making and repealing Laws, and Managing the greatest concerns of this Colony.

And how to be qualified before admit­ted.It is therefore Enacted by this Court and the Authority thereof, that none shall be admitted a Free-man of this Corporation but such as are one and twenty Years of Age at the least, and have the Testimony of the Major part of the Free-men of the Town, signified under the hand of the Town Clerk, that they are of sober and peaceable conversation, Orthodox in the Fundamen­tals [Page 18]of Religion; and such as are Free holders, or have twenty pounds Ratable Esta tear the least in the Government, or such that are generally known & approved by the Court: & all Freemen to be approved of at Election Courts, and taken in at said Coarts, or being approved by said Coart, signed under the hand of the Secretary may be Sworn at any Court.

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

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

cause of Dis­franchising Freemen and by whomIf any Freeman of this Corporation shall be discovered to be notoriously vitious or scandalous, as common Liars, Drunkards, Swearers, Apostates from the Fundamentals of Religion, or the like; or doth manifestly appear to be disaffected to this Government, upon legal and due Conviction of all or any of these; it shall be in the power of the General Court to Disfranchise him if they see cause fron the priviledges of a Freeman.

[...] [...]nnual [...] Depu [...]7. It is Enacted, That each Town-ship in this Jurisdiction, shall annually Elect and Chuse timely for the Election Courts one or two fit men out of the Freemen for their Deputies: every Town consisting of sixty Families shall or may send two Daputies, with full power to attend the Service of the Ge­neral Court or Courts, and the Adjournments thereof, for the whòle year, on pain of forty shillings Fine; and the respective Town Clerk to return the Names of those so chosen to the Court, on pain of twenty shillings to the Colonies use. If not Elected according I to law then to be sent back with the reasons.

And if the General Court to whom such Deputy or Deputies are Present­ed, upon taking notice of their Members, do Adjudge any of them not to be Elected according to Law, then shall the Court return them, with the reason thereof unto the Town from whence they were sent, that they may make a due Election according to Law.

no act of Court to pass without consent & vote of major part. Who to have a casting vote.8. It is Ordered, &c. That nothing shall be concluded, and pass as an Act of the General Court but by the consent and vote of the major part of the Court. And the Governour, or in his absence the Deputy Governour, shall have a casting vote whensoever there shall be an equi-vote; either at the General Court or Court of Assistants. In like manner shall the Presi­dent in any Inferiour Court.

commissioners the next in no­mination to attend9. That in case either or both of the Commissioners chosen for the Colony, shall by Gods Providence be disinabled to attend the Service thereof, then the next in Nomination for that choice shall Attend that Service in his or their stead. Halberteers at tendance

10 It is Ordered; That two Halberteers be in a readiness to attend the Governour and Assistants at the Courts of Election, during the whole time of their continuance.

Secretaries annually chosen11. That the Secretary be annually chosen by the General Court, and Sworn.

Courts of Assistants or Magistrates.

Court of Assi­stance.1. IT is Ordered and Enacted by this Court and the Authority thereof; That there shall be a Court, called the Court of Assistants or Magi­strates, wherein all the Magistrates of this Jurisdiction shall Meet and Sit at Plimouth twice a year, namely, the first Tuesday in April, when & where to Sit. and the first Tuesday in October, to Hear Examine and Determine all Cases of Life, Limb, Banishment; and matters of Divorce, according to Law; and to Receive and Try all Ap­peals duely brought unto them from any Inferiour Court, whether in mat­ters Civil or Criminal; to order Warrants for the choice of Juries, and con­stitute Clerks or other needful Officers: their power Ordered the Court of Assistants or Council have power to order the Payments to be made out of the Publick Treasury due, to such as upon occasion have been Imployed in the Countries Service; In which Court to make a valid Determination: There shall pe present at least the Governour, or Deputy Governour, and four Assistants.

2. And that Justice be not deferred, nor the Countrey needlesly charged; It shall be lawful for the Governour, Liberty to call a Court of Assi­stance on spe­cial occasion. or in his absence the Deputy Gover­nour, to call a Court of Assistants to try any Malefactors in any Capital Cause, or upon other weighty Occasions, as he shall see need.

3. Ordered, That no Person shall be put to Death in less than four dayes after Condemnation, unless the Court see special cause, or in case of Martial Law: And that it shall be lawful for the Governour or Deputy Go­vernour, with the consent of two Magistrates, Condemned persons, the time of Exe­cution Replevin to Reprieve a condemned Ma­lefactor for a short time: and if there be to them special Reason, to the next General Court. And that Warrants for Execution shall be always Signed by the Clerk of the Court of Assistants, by Order of said Court.

Court of Admiralty.

BE it Enaced by this Court and the Authority thereof; That the Gover­nour for the time being, or the Deputy Governour, with three or four or the Assistants, Courts or Ad­miratly their constitution & power. and such other Substantial Persons as the Governour for the time being shall commissionate, under the Seal of this Colony; shall have full Power to Act as a Court of Admiralty, for Hearing, and Trying, and Determining all Matters and Causes, which by the Act, ( Intituled Pirates and Privateers) are to be Tried thereby, or by a Quorum of them, as by the said Commission shall be Authorized, either by themselves alone or to­gether, with, or by a Jury Impannelled for such Trials, as the Case may Require.

County Courts

1. IT is Ordered by this Court and the Authority thereof; That there be in this Colony three Counties, Countie, and County Courts their constitu­tion. and that in each County there shall be kept annually two County Courts; which Courts shall be kept by the Ma­gistrates living in the several Counties, or by any other Magistrate that can attend the same, or by such as the General Court shall appoint from time to time; and to make a Court, there shall be present not less than three Ma­gistrates [Page 20]or Associates, and in no case shall Judgment be given without there be two consenting, or the major part if more than four Judges; and in the absence of the Governour or Deputy Governour, the eldest Magistrate shall be President of the Court; which Court shall have, and hereby have power to order the choice of Juries of Grand Inquest and Trials in their several Countries, and to constitute Clerks and other needful Officers: the County Treasurer to be appointed and allowed of by said Court annually.

It is Ordered; That each County Court shall have and hereby have po­wer to Hear, Try and Determine according to Law, all Matters, Actions, Gauses and Complaints, Their power whither Civil or Criminal, in any Case not exten­ding to Life, Limb or Banishment, or matter of Divorce.

The County of Plimouth its Limits2. It is Ordered, That Plimouth, Duxbury, Scituate, Marshfield, Bridg­water and Middlebrough, together with all such Place and Villages, that do or may lye between the said Towns and the Patent Line be a County; Pli­mouth the County Town, and said County called the County of Plimouth: In which County shall be kept two County Courts annually, courts number time & place at the Town of Plimouth one, on the third Tuesday in March, and the other on the third Tuesday in September.

The County of Barnstable its Limits3. It is also Ordered; That Barnstable, Sandwich, Yarmouth and East­haws, the Villages of Sippican, Suckonesset and Manamoy shall be a County, Barnstable the County Town, and said County shall be called the County of Barnstable; courts number time & place in which County shall be kept two County Courts annually, at the County Towns, one on the third Tuesday in April, and the other on the third Tuesday in October.

The County of Bristol its Li­mitsIt is further Ordered; That Bristol, Taunton, Rehoboth, Dartmonth, Swan­sey, Little Compton, Free-Town, Sowammit, Pocasset, Punkatest, and all such Places, Towns and Villages, as are, or may be settled on said Lands, shall be a County, courts number time & place Bristol the County Town, and the said County shall be called the County of Bristol: In which County, shall be kept two County Courts annually, at the County Town, one on the third Tuesday in May, and the other on the third Tuesday in November. Deeds &c. may be Recordedin the County where they ly and held suffi­cient.

4. It is Ordered, &c. That all Deeds, Bargains, Mortgages for Houses, Rents, Lands, not already Recorded in the Publick Records, or that shall not be Recorded before the first County Court of each County, shall or may be Recorded in the County where they lye by the County Recorder; which shall from and after the first County Court that Sits in said County be ac­counted Legal and Sufficient Record for the same; it having been acknow­ledged or duely Proved before the Recording.

County Courts to settle the E­state of intestats & take probats of Wills5. It is Ordered, that such County Court shall have, and hereby have power to settle and dispose according to Law, the Estate of any Person that dies Intestate within the County, and to grant Letters of Administration, and take the probate of Wills.

To make Ord­ers for County Prisons, High­wayes, Bridges & Rates in their County6. It is Enacted, That County Courts have Power to make effectual Orders about county Prisons, High wayes and Bridges: and when there is occasion, Order Rates to be made in the several Towns and Places of the County, for defraying County charges; The Raters of each Town to Rate their Inhabitants, or Persons under their Constablerick, according to the proportion Ordered by the County Court; and the Constable to gather such Rates, and be accountable for the same to the County Treasurer.

7. It is Ordered, That in any County where a Stranger dies Intestate, [Page 21]the County Court shall appoint a meet Person to Administer on his Estate, if he leave any, and to secure the same for them of whom of Right it doth or may belong.

Town Clerks to return to the County Courts the names of Constables Ju­ry men &c. chosen8. It is Ordered, That the Town Clerk in such Town Annually re­turn the Names of such Persons to the County Court, as by the several Towns are chosen to serve; as Constable, Grand Jury-men, Surveyors of High-ways; that they may take their Oaths, and be established in their Respective Places; and the Select-men to be returned to the Court of Election on penalty of twenty shillings fine for each Neglect.

Clerk of the County to be the Recorders of the County9. It is Ordered, That the Clerk of the County Court shall be the Re­corder of the County, who shall Record Deeds and Evidences for Lands ly­ing within the County, who shall be under Oath for the faithful discharge of his Place: Said Clerk in open Court may Administer Oaths to Witnesses, and in the Name or Order of Court to grant Summons, Attachments, War­rants, and to sign and give out Executions for any Judgment obtained in any of the County Courts, Their work & Power. which shall not be until twelve hours after Judgment, unless in any particular Case the Law hath otherwise provided; nor then if the Court, or any special cause shall Respit the same.

10. It is Ordered, That each County Court may Adjourn their County Courts as to them may seem meet: County courts adjournment. And all Persons concerned shall be bound to attend the said Adjournment.

11. It is Ordered, That there be a County Marshal, who shall-alwayes attend said Courts, who are impowred to serve all Warrants, County Mar­shal work and Power. Attachments or Summons that are directed to them, and to Levy Executions, who may Require Aid in the Execution of their Office, which shall be yielded on the same penalty, that is, for any to refuse to assist a Constable.

In what Case two Magistrats may grant Ad­ministration & probate of Wills out of Court.12. It is Ordered, That in any Case that requires a speedy proving of a Will, or taking out Letters of Administration; it shall be lawful for any two Magistrates, the Clerk of the County Court being present to Record the same, to take the Probate of such Wills, and to grant Administrations though out of Court, or not in Court time.

who may determine matters of equity as cannot be re­lieved by the common Law,13. That a Magistrate, or any Court shall have Power to determine all such Matters of Equity in Cases or Actions that have been under their Cog­nizance as connot be relieved by the common Law, as the forfeiture of an Obligation, breach of Covenants without great Damage, or the like matters of apparent Equity.

14. Ordered, That the County Court, or any two of the Magistrates may, as need shall require, upon defect of any Towns chusing Raters, Who may chuse Raters▪ in defect or the Raters neglecting to make such Rates, as by Order of Court are required of them, or orderly committed to them, make choice of three men in such town to make such Rates as aforesaid.

Criminals convict to pay cost of prosecution15. Ordered, That in all Criminal Cases, or Misdemeanors, besides their Fines or Punishment, Persons Convict, shall pay Cost and needful charges of Prosecution.

16. It is Ordered, &c. That a Judgment acknowledged before any two Magistrates and the Clerk of the Court, shall be good in Law; and if the [Page 22]Clerk be a Magistrate, he with one Magistrate may take such acknowledgment, and the Clerk shall have twelve pence for Recording the same.

Courts of Select-men.

IT is Ordered by this Court and the Authority thereof, That every Town in this Colony shall chuse three, or five able Discreet men out of the Free-men of each Town Annualy, who shall be presented to the General Court at June to be approved, Courts of Se­lect men, their constitution & power. and then Sworn there, or before a Magistrate, who shall have Power to hear, try and determine all Actions of Debt, Trespass or Damage, not exceeding forty shillings; and to grant Summons and Attach­ments to the Marshal or Constables, to be returned into their Courts, which may be four in one Year, and not more; and to Administer Oaths to any that may be used at their Courts, or in such Matters as they have to deal with­al: And Summons Witnesses, and upon Issue of the Cases to grant Executions to the Constable or County Marshal; who shall Execute the same, & make Re­turn thereof, & doing thereupon, to the Officer that keeps the Records of such Courts: and in all things to act and determine according to Law as is provid­ed for other Courts and causes without Jury; and that to make a valid Act, there shall be the major part of them consenting: and that the Select-men in each Town shall order the Prudential Affairs of the Town, viz. to admit, approve or disapprove of any Person who shall offer to Dwell, or Inhabit in the said Town, to provide for such poor and necessitous Persons at the Towns charge, as the Town ought to be charged withal: to look after and prevent any Incroachments upon High-wayes and Streets, to look after the keeping and maintaining the Town Bounds at the Towns charge: to put out with the consent of a Magistrate, Children that cannot, or are not provided for by their Parents or Friends to Service or Apprentice: Boyes till one and twenty, and Girls till eighteen years of age; to put out to Service, with the Advice of a Magistrate, any Idle, Disorderly or Shiftless Persons that are likely to be chargeable to the Town: That in such Town where no Ma­gistrate, or Person Authorized with Magistratical power is, the Select men, or any two of them shall have power to convict and punish any persons ac­cording to Law, for Drunkenness, Swearing, Cursing, Sabbath-breaking, Night-walking, Breaking of Peace: and all such other Matters in their Town referred to them by Law.

Deaths Untimely.

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

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

Dower.

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

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

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

Duers.

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

Faires

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

Fences

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

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

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

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

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

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

Fines.

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

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

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

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

Fishing

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

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

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

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

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

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

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

High-Wayes.

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

Town High­ways between Neighbour­hood how to be laid out.2. Ordered, That where there needs Town High-wayes from Neigh­bourhood to Neighbourhood, or for the necessity of particular persons, there shall be such wayes and passages laid out and ordered, as a Jury impannel'd [Page 32]and sworn by a Magistrate shall see cause, they attending the Law for their Rule, provided that if any Town-way between Neighbourhood and Neigh­bourhood be laid out through any mans Land, they shall have meet satisfacti­on: But if the Parties cannot agree, the same to be determined by the County Court.

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

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

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

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

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

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

8. The Court taking into Consideration the Inconvenience likely to ensure, Country-high wayes to be laid out by a Jury. by Persons Erecting Fences, Gates or Bars athwart County High-wayes to the Anoyance of Travellers; Do therefore Enact, and be it here­by Enacted, That all necessary County High-wayes within this Colony, shall between this time and the next October Court be laid out by a Jury, where it is not already so done, and an account thereof with the bounds presented to the Town Clerk on penalty. at the charge of the Respective Towns, through whose Lands on Townships such wayes may lead; and that Account thereof, with the several bounds of each such way in every of the said Towns, shall be presented or brought to the Clerk of that Town, on penalty of five pounds, to [Page 33]be forfeited and paid by that Town that shall neglect the performance thereof.

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

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

Horses.

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

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

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

It is Ordered, That whosoever taketh up any such stray Horse, Mare, &c. shall keep them and not wrong them by Drawing, And used. Riding or otherwise whilst he is upon such enquiry as abovesaid; and that during the time, he shall [Page 34]alwayes keep a Wyth about the Neck of the stray, by which it may be com­monly known.

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

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

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

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

Inn-keepers.

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

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

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

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

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

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

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

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

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

9. That no Ordinary-keeper suffer any Servants or Children under the Go­vernment of their Masters or Parents to buy or sit drinking any strong Li­quors, or Wine, Beer, Ale or Syder in their houses, or where they have to [Page 36]do, without liberty from their Parents or Masters, except in case of necessity for their relief, in penalty of five shillings.

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

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

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

Indictments, Presentments, Complaints, &c.

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

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

Indians.

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

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

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

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

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

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

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

Government of the Indians5. For the better Government of the Indians, and to help them foreward in Civility and Christianity;

It is further Ordered, That some one of the Magistrates be appointed from time to time to have the General oversight and inspection of the whole affairs of their Government, Taking care of the preaching the Gospel to them. as by Law is or shall be Ordered concerning them; & more particularly to take care of the Preaching of the Gospel amongst them, and of the Admission and approving of such of the Indians to preach unto them in the several Places or Plantations where they Reside, as he shall Judge most blameless, able and fit for that service to the best satisfaction of the Indians, especially of the most sober and discreet amongst them, And of the admission of In­dians Preach­ers and to take care to obtain, relieve and distribute amongst them in such manner as he [Page 38]shall see meet such Contributions or Part of the Indians Stock sent from En­gland, or Profits thereof as shall be allowed to them for the same end, And with the concurrance of the principal Indians to mak orders, & con­stitute Courts. Civil Rulers & other Officers to punish mis­demeanors, &c by the Gentlemen be trusted with the management of that Affair by the honourable Corporation, for the propagation of the Gospel in New-England.

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

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

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

And it is further Ordered, That all fines as arise by reason of any mis­demeanor or transgression of the Indians, shall be improved by such Magi­strates or other Inspector where it shall fall, to defray the charges of the Governing or Inspecting of them.

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

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

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

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

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

none to sellany Mare to the In­dians, nor they to keep any.10. It is also Ordered; That no person within this Government, shall give or sell any Mare to any Indian, on pain of the forfeiture of every such Mare, or the value thereof: and that no Indian keep any Mare on like pain of the forfeiture of every such Offence.

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

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

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

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

None to buy Guns &c. of In­dians on pain13. And it is further Ordered; That no person snall presume to Buy any Guns, Tools, Cloaths, or any other Goods of any Indian, on pain of their return of said Guns, Tools, Cloathes, or other Goods to the Owner thereof, free of charge from whom they were borrowed, stolen or purloined by any Indian or Indians.

14. It is also Ordered; That any of the Magistrates or Select-men, with the consent of a Magistrate, may put out any young Indians that run [Page 30] [...] [Page 31] [...] [Page 32] [...] [Page 33] [...] [Page 36] [...] [Page 37] [...] [Page 38] [...] [Page 39] [...] [Page 40]Ideling about, Who may put out young In­dians to service & none take them but by a Magistiates order and are not subject to any Government of their Parents or o­thers, unto some good English Masters, to serve till they are twenty or twenty one years of age, where they may be well Educated.

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

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

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

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

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

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

And for the better Execution of this Order.

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

And further, That it may and shall be lawful for any man to seize on any such Wine, Syder, Strong Drink or Liquors, which he finds in the custody [Page 41]of any Indian or Indians, and shall have if for his pains; Lawful to seiz any Liquors, &c. found in an Indians cu­stody. & if Indians falsly accufe a­ny, to be whipt provided he bsing said Indian or Indians before some one of the Magistrates or Select men of the Town, to be further examined about it: and if they will not truly disco­ver where they had such Liquors or other Drink, they shall be winpt.

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

Jurors.

Grand Jury chosen & im­panelled1. ORdered by this Court and the Authority thereof, That the Jurors of Grand Inquest being chosen according to Warrants directed to se­veral Towns, being Returned, Impannelled and Sworn to serve His Majesty thereon, shall inquire into, and present the Breach of such wholsome Lawes & Ordinances as are of shall be here established; Their Duty. & all such Misdemeanors as manifestly tend to the hurt and detriment of Religion, Civility, Peace, Society or neighbour hood, that they shal know, or be informed of upon the restimony of any one or more witnesses upon Oath, to be commited by any person or per­sons within this Jurisdiction, and to do any other Service which on His Maje­sties behall be required of them, at such Courts and times as by Warrants they shall be required; provided no person whatsoever shall be bound to inform, present or reveal any private Crime or Offence, wherein there is no peril or danger to this Colony or any Member thereof, when any necessary tye of Conscience binds him to secrecy, unless it be in testimonies lawfully required of them.

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

Jurors to be fined for ne­glecting to at­tend the court, and at the first sitting thereof3. Ordered, That any Jury-man being orderly chosen and returned to serve at any Court, and shall neglect to attend at such Court as he is warned to at the first sitting thereof, or that after they are Impannelled and Sworn, shall not duly attend any of said Courts, and such Service as belong to them, they shall be fined as the Court that hath the Cognizance thereof shall see cause, not exceeding twenty shillings for one Offence; but if Circumstanced with contempt to be punisht according to the nature of such contempt as the Judges shall see meet.

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

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

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

See more of Jurors, Title, Clerks.

Lands & Inheritances.

land to be held according to the tenor of East Greenwich1. IT is Ordered by this Court and the Authority thereof; That whatsoever Lands have or shall be Graunted by the Court, to the respective Town­ships, or to any particular Persons, either by the Court or particular Town­ships, shall be Held to them, their Heirs, Successors and Assignes for ever▪ according to the most free Tenour of East Greenwich, in the County of Kent, in the Realm of England, as Graunted to us in our Patent or Charter. Lands intailed to descend ac­cording to the Law of Engl.

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

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

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

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

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

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

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

Conveyances to be acknow­ledged before a Magistrate9. Ordered, &c. That all Sales, Exchanges, Gifts, Mortgages, or other conveyancies of Houses, Lands, and other Hereditaments, shall be acknow­ledged before some Magistrate; or otherwise that the Witnesses two of them at least to the Deed be Sworn, that the Party, Graunter, Seller, Mortgager, &c. did Seal and Deliver the said Instrument as his Act and Deed, before it be committed to publick Record; Except that by special Order of Court the clerk be Ordered to Record any Instrument that is not so Proved or Acknowledged: and that after the end of May next, which shall be in the year, 1686. No Sale, Bargain, Mortgage or Conveyance of any Houses, Lands or other Hereditaments, where the Seller, Bargainer, Mortgager, &c. Remains in possession, shall be of any force against other persons, Except the Granter, Seller, Mortgager, &c. his Heirs, unless the same be acknowledged or otherwise proved, as abovesaid, and committed to Record.

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

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

And that no person or persons, shall at any time hereafter, make any Entry into, or Commence Suit for any Lands, Tenements or Hereditaments, but within fifteen years next after his or their Right, Title or Cause of Action or Suit, which shall hereafter first descend, fall or accrue to the same; other­wise such Title or Cause of Action, shall be for ever after barred; and the party or parties claiming, and his and their Heirs utterly excluded from Entry into, or Suit for the same: Provided nevertheless, That if any person or [Page 44]persons which hath or shall have such Right, Title or cause of Action, first be or shall be at the time of the said Right, Title or Cause of Action, descended according, or fallen within the Age of twenty one years, Feme Covert, non compos mentis imprisoned, or beyond the Seas, then such person or persons, his or their Heirs, shall or may, notwithstanding the said fifteen years expired, bring his Action, or make his Entry at any time within five years next after his or their full Age discoverture, coming of sound mind, enlargement out of Prison, or coming into this Country, take benefit of, and so for the same, and at no time after the said five years.

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

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

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

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

And that the Court of Assistants be a Committee from time to time Im­powred to Examine, Allow and Confirm all such Claims of Lands as they find Graunted by the Court, either to Townships or to any particular Persons; which being by the said Court of Assistants allowed, shall pass the Seal of the Colony, for further Confirmation thereof; alwayes provided, that if there be any Controversie arise between Town and Town, or particular Persons, about the particular bounds of their Lands, they or any of them may have their remedy in Law, any thing herein to the contrary notwithstanding.

Leather and Shoe-makers.

1. UPon Consideration of the Damage or Injury which may be sustained by the ill Tanning of Leather and by the Shoemakers ill making it up into Shoes or Boots.

Sealers of lea­ther to be chosen & ap­pointed.It is by this Court Ordered, That in every Plantation within this Jurisdi­ction, where either Tanner or Shoemaker is imployed in their Trades, one or two Sealers shall be chosen and appointed, as the Occasion require, who shall be under Oaths faithfully (according to their best Ability) to discharge their Trust, and shall Seal no Leather but such as they think sufficiently Tan­ned and fit to be wrought out, and Sold in Boots or Shoes; and that every such Plantation shall have two Seals, to distinguish between good Leather well and sufficient; Two Seals to be used. and such (as though Tanned enough) is in some other re­spects defective, either by over-liming, or for want of being well wrought up­on the Beam, or by Frost, or have received some damage in drying, so that though it may serve for inward or middle Soles, yet not for other uses, with­out damage to the buyer: All which Leather, so defective, shall be Sealed with a different Seal, that it may be known to be faulty.

No Leather not sufficient­ly Tanned to be Sealed, nor sold till sealedBut that which is not sufficiently Tanned, shall neither be Sealed nor used in Boots or Shoes till it be duly Tanned; and that no Tanner within this Jurisdiction shall upon any pretence sell, deliver, cause or suffer to be delivered or pass out of his hands or custody any Hide or Hides, till being fully dry, they be first Sealed by the Officer or Officers thereunto appointed, on the penalty of forfeiting of the said Leather, or the value of it, to the Plantation where the Offence is committed. The Shoemaker that useth unsealed Lea­ther to make recompence & further to be punished.

2. And it is further Ordered, That if any Shoe-maker shall use or put any un-sealed Leather, either in Boots or Shoes, or put any of the foremen­tioned faulty Leather (though Sealed as such) in any outward Soals or Upper Leather, or in any other place which may be hurtful to the buyer or wearer; or shall use any other wayes of Deceit in making up his Ware, he shall make due and full Recompence to the Person or Persons wronged, and complain­ing; and shall suffer such further punishment as his Offence considered with the Circumstance shall Require.

Hides brought from other parts and sold or used unseal­ed to be forfeit The chusing of the Sealers to be left to the several Plantations.3. And whosoever shall bring Hides from any other parts, and shall sell or use any of them for Boots or Shoes within this Jurisdiction, before they be Sealed by some Officer here, according to the Import of his Order; or shall use them in Boots or Shoes contrary to the intent thereof; the Hides so sold or used, or the value of them, shall be forfeited to the Plantation where the Offence is committed, or such Recompence or Fine shall be made or paid (if it be only of Ignorance) as the Case may require; provided that if both Buyer and Seller be faulty, they shall pay the forfeiture betwixt them. The chusing and appointing of which aforesaid Sealer, or Sealers, the Print or Mark which each Plantation shall set upon their Seals, for good or faulty Leather, with the Rate to be allowed for Sealing, being left to the several Plantations.

Defective lea­ther to be searcht for & seized.4. It is Enacted by the Court and the Authority thereof: That the Sea­ler shall make Search within their Limits, in any House, Shop or Warehouse, where they shall conceive such defective Leather is to be sold or delivered; whither made up into Shoes, Boots or otherwise, as oft as they shall think meet: And seize all such Leather or Shoes; and any Leather Sold or offered [Page 46]to be Sold, Brought or offered to be Searched or Sealed, contrary to the true intent and meaning of this Order; the same to Seize and Retain in his or their custody: and if the Owner shall not submit to the Judgement of such Officer or Officers shall within three dayes call to him two or three honest & skilful men in such Wares, to view the same in the presence of the parties con­cerned, or without him, he having notice thereof: who shall certifie upon their Oaths to the Court, or some one of the Magistrates the defects of the said Leather.

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

And if any Sealer of Leather, shall refuse, with convenient speed, to Seal any Leather sufficiently Tanned, Wrought and Used, according to the true meaning of this Order; The Sealers default & pe­nalty or shall Seal that which ought not to be Sealed ac­cording to this Order, shall forfeit for every such Default twenty shillings to the County.

Magistrates.

Magistrates power to graunt Attachments, Summons, &cORdered by this Court and the Authority thereof; That any Magistrate shall have, and hereby hath power out of Court to grant Attachments, Summons, Sub pena's, Hue and Cries, Warrants for Distress according to Law, for Rates and Fines, Warrants to apprehend any person for breach of any Capital or Penal Law, or for any Misdemeanour, or for Persons suspected thereof.

to hear & de­termine the breach of penal Laws under 40 s.Ordered, That a Magistrate may Hear and Determine the Breach of any Penal Law or Misdemeanour, where the penalty doth not exceed forty shillings, or the Punishment greater than sitting in the Stocks, or Whipping, not exceeding ten stripes.

Ordered, That a Magistrate may Hear and Determine all Actions of Debt, all actions of Debt not ex­ceeding 40 s. Trespass or Damage according to Law, not exceeding forty shillings, he keeping Records of all his Sentences, Judgments and Determinations and may Grant Executions for any Sum he hath given Judgment in, in any Acti­on that hath been Tried by him.

Ordered that a Magistrate may examine all suspitious persons, hear all Complaints, and where the matter is greater than he by Law may issue, to Bind such Persons over to the County Court, to examine all suspicious persons, &c. to Answer for the same; and such Person not giving sufficient Security, to Commit such person to Prison, signifying his Crime briefly in his Mittimus.

To administer OathsMagistrates may Administer Oathes, may Commit to Prison any that shall refuse to give Testimony being lawfully called thereto, May commit to [Page 47]Prison any person that shall refuse to acknowledg a Deed that hath been by him Signed, Sealed and Delivered.

Magistrates may Summons Juries to inquire into untimely Deaths. May Commit to Prison upon the non-payment of a Fine: In case to commit to Prison. May Marry Persons legally Published, and keep Records of the same: shall suppress forceable Detamors, Routs, Riots, and Imprison such Offenders. May Graunt War­rants to Impress Workmen, to make and repair Prisons, Bridges and other Instruments of Justice, and order payment by the Countrey, County, Town or Person that ought to pay the same.

May Fine, not exceeding five shillings, or punish by Corporal Punishment, such as take away Horses, Cattle, Boats, Cannoes without leave of the Owner.

May for want of Security, commit to Prison persons Guilty or Suspected to be Guilty of any Crime or Misdemeanour, where there may not be rea­son for a present issuing of the same.

May do any other matter or thing by Law committed to them.

Marriages, Births and Burials.

ORdered, That the Town Clerk in every Town in this Government shall keep a Register of the Day and Year of the Marriage, A Register to to be kept of Marriages; Births & Buri­als by the Town Clerk Birth and Burial of every Man, Woman and Child in that Township; and shall have for Registring, four pence a piece. And if any Father or Mother, or next in Relation neglect a Moneth, to give in the Names and Birth day of their Child, together with the Clerks Fees, they shall pay three shillings fine to the Town Clerk. And whosoever shall neglect to give in their Names, and the day of their Marriage to the Town Clerk a moneth after Marriage, shall pay three shillings as aforesaid. by him to be exhibited to the Clerk of the County Court yearly. In like manner shall any Head of a Family that neglects to give an account of any Burial out of his Family. And the Town Clerk shall annually give in to the Clerk of the County Court a true and perfect Copy of all Marriages, Births and Burials that have been in their respective Towns, on penalty of forty shillings fine to the County, and the Town Clerk to pay the County Clerk one quarter of his allowed Fees.

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

None to be married with­out publishing and how to be published3. Ordered, That no person be joyned in Marriage before the inten­tions of the parties proceeding therein hath been three times published, at three publick Meetings in the Town where the parties either of them do ordinarily reside; or by setting the same up in Writing upon the Door of the Meeting house, or other convenient place by the Door, in publick view; there to stand as it may easily be read fourteen dayes.

None shall marry that are under covert without con­sent of &c.Ordered that none shall be allowed to Marry that are under the covert of Parents, Guardians, Masters or Overseers, without their consent and ap­probation.

4. Ordered, That whosoever shall go about to inveigle, or endeavour to steal the Affections of any Mans Daughter, Pupil or Maid-servant, with­out his consent or leave, shall be fined to the County, not exceeding five pounds; or by Corporal Punishment, as the County Court shall see cause: [Page 48]But if a meet Marriage be orderly proposed, and any Master or Guardian out of any sinister end or covetous desire, will not upon reasonable terms suffer it to be; it shall be in the power of the two next Magistrates, upon complaint, to hear and determine the same, as they judge equal between both parties.

5. It is also Ordered, That no person in this Jurisdiction shall joyn any Persons in Marriage but the Magistrate, or such other as the Court shall Au­thorize in such place where no Magistrate is near: Who to solemnize Marriage nor shall any other joyn themselves in Marriage but before some Magistrate or person Authorized as aforesaid; nor shall they be suffered so to do, without they have been lawful­ly published.

Whereas many neglect to give in their Names and time of Marriage to the Town Clerk, those to keep Register of such Marriages whereby much inconvenience may arise; For Prevention whereof:

It is Ordered, That such Magistrate or Person Authorized, shall keep a Register of all Marriages, their Names, and time of joyning together: But this shall not excuse the person Married, of giving in his Name to the Town Clerk, as by Law is provided.

6. Ordered, That if any Man beat his Wife, he shall be fined five pounds to the County, No man strike his wife or woman her husb. or suffer corporal Punishment, as the County Court shall see meet. And if a Woman beat her Husband, she shall suffer such pun­ishment as the County Court shall determine.

Maritime matters.

ORdered by the Court; That all Maritime matters shall be Tried at County Courts, by the Laws and Customs of England.

Marshals and Constables Directions

1. IT is Ordered by this Court and the Authority thereof; That the chief Marshal, Attachments Summons, &c. be served by Marshals, Constables or their Deputies County Marshal, or the Constable of any Town, or their De­puties deputed under their hands, may Serve any Attachment, Summons, Executions and Warrants directed to them from lawful Authority; and shall make a Return of all Attachments and Summons according to Law. And all Marshals and Constables, or their Deputies, to whom Executions and War­rants are directed by any Court or other lawful Authority, they shall faith­fully and speedily Execute the same according to Law; and make a return of their doings thereon, by vertue of the same, under their hand to the Clerk of the Court, A return to be made thereof. or Magistrate, or other person Authorized from whom the same came, in two moneths after receiving the same; that so the said Execution, and Return of any thing be done thereon may be Recorded. And if the Execution or Warrant be not Levied or Distrained, or not fully satisfied, the Clerk or Person to whom the Return is made, shall Record what is returned; and upon request of the party, graunt out another Execation or Warrant for the Sum, or so much thereof as is unsatisfied; and such Officer as shall neglect his Duty herein, shall pay double damage to the party concerned.

Ordered, That in Levying and serving all Executions or Warrants for Debts, Rates or Fines, the Officer shall first repair to the House or Place of usual abode of the party against whom it is granted, and there demand Satis­faction of and for the same, which having done, and no Satisfaction made, Satisfaction first to be de­manded by the Officer before destraint be made he shall then Levy his Execution, or make his destraint upon goods lyable thereunto by Law; together with all allowed Fees and necessary Charges put to in Levying and Transporting the Goods or Chattels to the Treasurer or party concerned, who is to receive the same: And in case there be not suffi­cient Estate, Goods or Chattels found or tendred to satisfie such Execution and Warrant, Levy to be made upon House or land if other estate be not found. it shall be lawful for the Officer to Levy the same upon House or Land, if owned by, or shewed to be the Estate of him against whom the Warrant or Execution is granted. And in no case shall the Officer be put to seek his Goods or Chattels further than his House or place of usual abode: But if he refuse to discover his Goods or Lands to a sufficient value, the Offi­cer may then Levy his Execution or Warrant on his Body, who shall be kept in Prison till that Satisfaction be made at his own charge, if he have where­with, otherwise to be kept at the charge of the Creditor. The Officer in no case to be put to seek for estate further then the par­ties usual place of abode.

Ordered, That it shall not be lawful for any Officer to Levy or Destrain the Beast of the draught (unless for damage Feizant) nor any Mans neces­sary Bedding, Apparrel, Tools, Arms or such Implements as serve for his necessary use, without express Order from the Court or some one Magistrate.

Such lyable to fine or other punishment who expose anothers goods to destraine in stead of his ownOrdered, That if any Person shall presume to expose and shew an Estate to satisfie an Execution or any Warrant for Distress, that at the time thereof was not his own, he shall be liable to a fine or other punishment as the Court shall see cause, and the Party to take out a new Execution for the Sum, or so much as he occasioned the former Execution to be wrongfully laid on.

Vide more Title Constables.

Mills and Millers.

how much toll Millers may takeORdered, That no Miller shall take above a sixteenth part of the Indian Corn he Grinds for Toll nor of any other Grain, unless where the Towns make other agreement with their Miller.

They are to have weights & scalesOrdered, That Every Miller shall have alwayes ready in his Mill, Weights and Scales provided at his own charge, to weigh Corn to and from the Mill, of it be desired.

Two Toll-di­shes sealed.Ordered, That every Miller in this Government shall keep in his Mill two Toll-dishes, so made and Sealed, that one will hold a just Pottle up­heaped, and the other a Quart up heaped, and shall pay ten shillings a Month for what time they use unsealed Toll dishes, if complained of.

Measures.

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

A Coopers Standard to be procured & other Measurs that are allowed to be made by itIt is Ordered, That the Country Treasurer at or before the first of September next, procure a Copper Standard, viz. half Bushel, half Peck, and Quarter, that be of the size of the Copper Standards of the Massachusets Colony had lately from London, and that every Town have a Standard made by the same at or before the tenth of November next (to be sealed by the Treasurer) on penalty of the forfeiture of forty shillings to the County, for the Town that neglects; and the like sum every three Months they are without, and the Town Clerk to seal Measures in the several Townships, and have six pence for each Measure he seals; and it shall not be lawful to use any other but such Measure so sealed after said time: The Seal to be the Letter P.

Meeting-Houses

Meeting-hou­ses to be Ere­cted in every Town.IT is Enacted by the Court, That there be a publick House Erected in eve­ry Town of this Government, for the Town comfortably to meet in, to Worship God; and in case any Town shall Aparently neglect or refuse to Build the said House, it shall be in the power of the Governour and Magi­strates, or County Courts, to Appoint and Authorize a Person or Persons to Build the said House acording to the Ability and Necessity of the People, and the Charge thereof to be defrayed by all the Inhabitants and Proprietors of the Town.

Ministers Maintainance.

Ministers maintainance how to be raised IT being the great Duty of this Court; and having been the Pains, Care and true Intent of former Courts, in the granting of the several Plantations and Town­ships in this Colony, to provide for the better carrying on the publick Worship of God, that are Able, Godly Teaching Miinister or Preacher of the Gospel, should be ob­tained and duly encouraged and maintained by all the People of such Place or Town­ship, and for that end have granted to them such Accommodations and proportions of Lands as they might be Comfortably enabled to give due Encouragement to such Preacher of the Word of God amongst them, in so good and necessary a Work for the Glory of God and the good of Souls;

It is therefore Ordered by this Court and the Authority thereof, That in whatsoever Place or Township there shall be an Able Godly Teaching Mini­ster or Ministers, Preacher or Preachers of the Word of God, who are ap­proved by this Government, there shall a Rate be made on all the Rateable Inhabitants of such place with the Country Rates, by the Raters chosen as per Law is provided, for the raising of such sum or sums as may be competent and honourable according to the Ability of such Place or Township, for his or their comfortable Attendance on his Work as shall be agreed by the people [Page 51]of such place, or by the Court of Assistants, County Court or any three Ma­gistrates, as there shall be occasion or need requiring; and to be paid in no worse specia than the Magistrates Sallery is to be paid in, and at such sea­sons; and to be gathered by the respective Constables of such Places or Townships; and delivered in, free of charge to such Minister or Ministers, or such other person or persons, as by the People of said place, or by the Court, Countrey or County Treasurer shall be appointed for the use of said Minister or Ministers, on pain as per Law is provided in other cases for defect of Raters, Constables or others concerned in the premises; unless there be o­ther care taken to the satisfaction of the Minister, and the Inhabitants of such Towns.

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

Military Affairs.

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

The Souldiers in each County to be a Regi­ment & com­manded by [...] Serj. Major Companies their Officers1. It is Ordered by this Court and the Authority thereof; That the Souldiers, whither Horse or Foot, within each County in this Colony, shall be a Regiment; and each Regiment be Commanded by a Sergeant Major: each Town having sixty Listed Souldiers to be a Company, and have three Com­mission Officers, viz. Captain, Lieutenant and Ensign: And other Towns and Villages where there are less number of Listed Souldiers, to be commanded [Page 52]by such Officers as the General Court shall see cause: The Major to be cho­sen by the General Court; And how to be chosen. the Captain, Lieutenant and Ensign, to be no­minated and presented by the several Towns to the General Court; by them to be approved and commissionated: and all Commissions to be under the Seal of the Colony, and the hand of the Governour, and Subscribed by the Secretary.

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

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

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

Four dayes in a year for Ex­ercising, and how to be warned.5. Also that every Captain or chief Military Officer in every Town or Village, do every year call forth the Souldiers to Exercise in Motions and Use of Arms, shooting at Marks, or otherwise according to his best Directi­on. If shall be counted lawful warning if the Serjeant or Clerk by Order or Warrant from their Superior Officer, give notice at a publick Town meeting [Page 53]or by writing set up publickly three dayes before the day appointed for Train­ing, or any other way that may be agreed on by the Major part of the com­pany; and every Souldier is to appear upon such warning compleat in his Arms at his Colours or usual place of meeting at eight aclock in the Morn­ing, and if they exceed nine a clock, the time to be judged by the Commis­sion Officers, then to pay one shilling fine to the use of the Company, and to be demanded; and upon refusal or non payment, to be Levyed by the Clerk on the Party that is the Delinquent.

Who are to Vote sor per­sons to be pre­sented to the Court sor Com­mission officers6. Ordered, That all Souldiers, Inhabitants of the Town that are twenty one Years of Age, and have taken the Oath of Fidelity or Free-mans Oath, shall Vote for the nominating of Persons to present to the Court for Commission Officers, for chusing of Serjeants for the Company, and likewise for a Clerk.

7. Ordered, That whosoever of said Company shall be chosen Clerk as before, and shall refuse said Office, shall pay forty shillings fine in Mony value to the use of the Company, and the Company to chuse another; his fine that re­fuseth the of­fice of a Clerk and no man shall be compelled to serve above one year in five; and that the Clerk for his Encouragement and Trouble shall have one quarter part of all fines; he shall attend the Company the whole day; call over the List at the Captains or chief Officers appointment, to take notice of all such as are absent and other Neglects and Offences in time of Exercise: Clerks work duty and re­compence Said Clerk to demand and receive, or for non payment, to destrain for all fines in thirty dayes after they are payable by Law, and three Months after such time the Clerk to be Accountable for all sines, and stand charged therewith, deducting his own part, and to dispose of the other parts as he shall have Order from the Captain or chief Officer; and upon his refusing or neglecting to pay what shall be due, as aforesaid, it shall be Lawful for a Constable, by Warrant from under the hand of said Captain or chief Officer to Levy the same out of said Clerks Estate.

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

Commission of sicers power.9. Also the Commission Officers, or major part of them shall have power to punish such Souldiers as shall commit any disorder or contempt upon the day or time of Military Exercise, or upon Watch or Ward, by any Military punishment, or by fine not exceeding twenty shillings, and upon any great Of­fence may refer the same to the determination of the Council of War.

Who & how oft to view Arms & Amu­nition10. Ordered, That at least once a year, one of the Commission Officers, together with the Clerk and any other of the Officers he shall see cause to take with him, shall from House to House view the Arms and Amunition of all persons lyable by Law to keep Arms, and exact the fine of all such as they find not fixed, and provided as the Law requires.

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

Colours, are how to be pro­vided, &c12. That every Town provide Colours, Drums and Halbarts for the use of the Company; the same to be maintained by the fines, if they amount to enough for the doing of it, and other necessary charges of the Com­pany, otherwise to be supplyed by the Town.

13. That there shall be a standing Council of War, or Court Marshal [Page 54]in the Colony, consisting of the Governour and Deputy Governour, Am­stants, the Majors of the several Regiments, council of war or Court Mar­shal its consti­tution. and three others to be appoint­ed by the General Court, one out of each County, the major part whereof or so many in any suddain Exigence as get together, shall make a valid Act of any thing within their Power, provided there be fire at the least agreting thereunto.

The said Council of War by Warrant to Impress Men, Horses, Carts, Provisions or other necessaries for any Expedition or Military Occasion, Its power to proportion the number of Men, by each Town to be sent forth in any Ser­vice, to give Directions & Orders to Military Commanders, & if need acquire to appoint and Commissionate, to send forth as there may be occasion, to hear and determine all. Appeals from the Sentence of Commanders of Companies, or matters by such Commanders referred to their Determination, and punish Offenders referred to them.

What Stock of Arms & Amu­nition for the Colony.14. That there be provided a Stock of Arms and Amunition for the Co­lonies Service, the quantity to be determined by the Council of War, and by them to be disposed and secured.

That every Town, for every thirty of their Listed Soudiers, or propor­tionably provide thirty pounds of Powder, one hundred and thirty pound of Bullets, one Hogsbead of Flints, two Muskets, six Cattouch Boxes; on penalty of five pound to be paid by each Town defective to the Major of the Regiment where the defect is; For the parti­cular Towns. and by him with the Captain or chief Commander, or major part of them, to be disposed of by them for the use of said Regiment; said Major with two of the Captains Annually to inspect every Town Stock within their Regiment and where defective, by Warrant from the Major and said two Captains to the Marshal, to demand the fine of any Man of said Town; and upon non payment to destrain the fine of any Man of said Town, and he to have the same, and his Damage to be made good by the Town upon Complaint to the County Court, and they to Order the same.

15. That in times of Danger there shall be Military Watches set in each Town, and Warding according to the discretion of the chief Commander or Town Council, Military Wat­ches & Wards or such other Orders they may receive from Superiour Offi­cers or Council of VVar; and all Persons liable to Train shall be lyable to at­tend the same, on penalty of three shillings a Day, and three shillings a Night for their Neglect: None in time of Danger shall force himself upon any Sentinal upon the peril of his Life, being warned three times to stand.

16. That in case an Alarm orderly made, every, listed Souldier forth. with shall repair to his Colours or place of Perade, compleatly Armed and fit­ted according to Law, under the penalty of five pounds to be paid, &c. and that they shall there attend such Service as they shall be appointed by their Commander, Alarms how to be attended on pain of suffering such punishment as a Court Marshal or the Council of VVar shall Inflict. An Alarm shall be by shooting of two Guns distinctly, and crying Arm, Arm, Arm: The Alarm shall be taken and car­ried from Neighbourhood to Neighbourhood, and so from Town to Town; and the Shooting of said Guns, or giving Order for the Alarm, Horse and Man forth with dispatched to the Magistrate, What to taken for an Alarm. Deputy, Select men or Constable of the next Town to inform them of the occasion, who shall forthwith send, to the next Town, and so from Town to Town throughout the Colony, who shall take the Alarm, and put themselves in a Posture of Service as there may be Occasion.

Town Council their constitu­tion & power17. That the Magistrate, if there be any; the Commission Officer or Officers, and three more of each Town, to be by the Town chosen to be a Town Council; and them or the major part of them to dispose of the Arms and Amunition of the Town, and give Orders what to be done in case of Alarm or sudden Exigence, which shall be attended un­less farther or other Order from the Major or Council of War.

The Major to call his officers to consult18. That the Major of the Regiment, as there may be occasion, to call together the Captain and chief Military Officers to consider of any thing that may conduce to the good of a Regiment, and well ordering of the fame.

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

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

Priviledge of Commission OfficersIt is Ordered, That none that hath beed, or is Commission Officer, shall be obliged to Serve as a private Souldier; or any Military Officer other than a Commission Officer.

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

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

Pound or Impounded.

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

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

3. It is Ordered by this Court; That Horses, Cattle, Sheep and Swine, that are taken damage feizant and Impounded, shall pay one shilling for each Horse kind; cattle damage feizant what allowed for driving to Pound Colts with their Dams under a year old excepted: eight pence a Head for Neat Cattle; one penny a piece for Sheep, six pence a Head for Swine, to be paid by the Owner of such Creatures, to the Owner or Possessor of the [Page 57]Lands where such Trespass is done, for his or their driving them to Pound, together with such Fees to the Pound keeper as each Town agree on; besides such Damage as can be made out according to Law.

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

It is therefore Ordered, that if any Person shall Resist or Rescue, any Gattel or Swine going to the Pound, or shall by any way or means convey them out of Pound, or Custody of the Law, whereby the Party wronged may lose his Damage, and the Law be deluded in case of meer Rescues, the Party Offending shall forfeit to the County Treasury forty shillings; and in case of Pound Breach five pounds; and shall also pay all Damages to the Party wronged; and if in the Rescue any Bodily Harms be done to any Person, or otherwise, they shall have Remedy against the Resouers; and if either be done by any not of Ability to answer the Damage and Forfeit aforesaid, they shall he Whipt by Warrant from any Assistant, before whom the Offen­der is Convicted, in the Town where the Offence is committed, not exceeding fifteen stripes, for the meer Rescue or Pound Breach; and for all Damages to the Parties, they shall be satisfied by the Offender in Service; and if it appear there were any procurement of the Owners of the Cattle, or that they were Abettors, they shall all pay Forfeitures and Damages as if themselves had done it, one fourth port of all fines for the Breach of this Order, shall be to him that prosecutes the same to effect; Provided that the Complaint be Prosecuted within six Months, otherwise they shall not be heard.

Sabbath,

Prophaning of the Sabbath.1. THis Court taking Notice of great abuse, and many misdemeanours commit­ted by divers Persons many wayes, prophaning the Christian Sabbath, or Lords Day, to the great Dishonour of God, Reproach of Religion, Grief of the Spi­rits of Gods People;

Do therefore Order and Enact, That whosoever shall Prophane the Lords Day by unnecessary servile work, unnecessary travilling by Land, or pas­sing by Water, by bearing Burthens, carrying of Packs, or by Buying or Selling, or by Sports or Recreation, shall for the first Offence pay ten shillings fine to the Town, or be committed to Prison, or safe custody till the next Day, and then sit in the Stocks two hours: and for the second Offence shall pay twenty shillings sine to the County or be Whipt; and so from time to time as often as they shall be Convicted of the like Transgression afterwards.

To be found Sporting or drinking on Saturday or Sabbath day nights after sun set.2. It is Ordered, That if any Person henceforth, either on the Saturday Evening, or on the Lord's Day Evening 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 publick House of Entertainment (unless Strangers or Sojourners in their Lodgings) or uncivily walking, and is duly Convict; such Persons so Offending, shall for every Transgression pay five shillings sine to the Town, or sit in the Stocks, not exceeding two hours.

3. It is Ordered by this Court and the Authority thereof, That in no case shall any Person Travail further on a Sabbath Day than from the place where he lay the Night before to the next Town on his way, How far & in what case to travel on the Sabbath. nor shall he [Page 58]have liberty, unless it be where there is no allowed Meeting in said Town, Bona fide, to go to the Meeting that is at the next Town, and so order is as to be there before the beginning of the Morning Exercise: and if any person shall presume to Travail on the Sabbath, from the place he took up his Lodging on the Saturday Night, unless, as aforesaid, or shall pass through the next Town before the Sabbath be ended, he shall be proceeded with for Breach of Sab­bath, as is by Law provided, unless it appear it hath been in case of Life and Death, or that he hath a Licence from some Magistrate or one of the Select­men of the Town; and it shall be lawful for the Constable or any other per­son to stop and bring before Authority any person suspected for the Breach of this Law: and if any person hath obtained a Licence to Travail by a false pre­tence, he shall any time in a twelve Month be liable to be apprehended and punisht for his Breach of Sabbath, and ten shillings besides, as a fine to the Town.

Ordered, That in Towns, Villages or other Places, if any Person or Persons shall be found Walking or Riding about the Town, or Visiting of the Neighbours, or upon any other occasion from their own Families, or place of abode on the Sabbath Day, unless it appear it was upon account of some Act of Piety, Mercy or Necessity, such persons so offending shall be proceeded with as Sabbath-Breakers.

Schooles.

1. ORdered by this Court and the Authority thereof, That every County Town shall have and maintain a Latine School; Latine School its incourage­ment. which if they do, and the Master judged by the major part of the Ministers of the County, a Person capable to bring up Youth fit for the Colledge; then such Town for their encouragement shall have one third part Annually of the Mony Raised on the account of the Cape Fishing: and if the County Town refuse or neglect the same, then such other Town that hath such a School shall have said Money; and if more than one such in the County, where the County Town neglects, then said Money to be divided between them: And where there is no such School in the County, then the Money to be for the Colonies use.

2. Ordered, That in any County Town where such Scool-Master is provided, whether by the major part of the Town, or upon their neglect, by a minor part, Maintenance of Schools how to be raised with the approbation of two Magistrates; such Town shall pay twelve pounds per annum, to be raised as other Town Rates annually for such School-Master: and such as have the immediate benefit by sending their Children, to pay three pence a Week for Writing and Reading; and six pence a Week for a Schollar after he comes to his Grammar: and every such School-Master shall be capable to teach to Write and Cypher: and shall receive Children after they are fit to begin in their Psalter: And any that send their Children from any other Town in the County, not to pay for their Schooling.

Swine.

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

It is Ordered and Enacted, That on notice given to the Owners of such Swine from the party damnified, said Owners shall forth with Ring, or cause to be sufficiently Ringed all such Swine, on penalty of one shilling to be paid for every such Swine that shall be un Kinged, after such warning given by the wronged party, and as often as the Owners of such Swine shall be warned to Ring them: The said Penalty to be to such as receive the damage, or prosecute the same.

Town Affairs.

Town to make Orders1. IT is Enacted by this Court and the Authority thereof; that every Town­ship in this Government, shall have and hereby have liberty and po­wer to meet together, and make such Town-Orders as they shall think need­ful for the prudential affairs of the Town, and Orders made by the major part present that may lawfully vote; the Meeting being orderly warned shall be binding to the Town; and every Town hath liberty and power, to lay penalty on any Inhabitant of their Town for non-observance of any one Town Order not exceeding twenty shillings; provided no Town Order in­fringe or be repugnant unto any Order of this Court.

Constable to warn Town-Meetings2. Ordered, That the Constables in their respective Townships, shall warn Town-Meetings when, and as they shall receive Orders from a Ma­gistrate, two Select Men, or the Deputies of the Town, in penalty of twen­ty shillings fine, to be paid for his neglect, for the use of the Town.

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

Fines to the Town to be paid to the Se­lect Men4. Ordered, That all Fines due to the Town, be paid to the Select Men for the Towns use; and for non-payment, to be Distrained by the Constable, by Warrant from a Magistrate or two of the Select Men, the Delinquent being convict thereof.

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

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

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

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

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

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

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

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

But if any Man bring in an Apprentice or Covenant-Servant for years that is at present sound and well, Bonds shall not be required of such Master; [Page 61]but if his Servant fall sick or lame, he shall be maintained by his Masters par­ticular charge, during the Date of his Indentures or Covenant; But if an Ap­prentice only during his tim but after­wards be relieved by the Town.

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

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

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

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

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

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

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

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

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

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

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

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

Watches.

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

Witnesses.

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

How in cases Capital2. Ordered; That in Capital Cases, Witnesses shall be present, and testifie Viva voce.

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

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

Witnesses how to to be paid4. Ordered; That where persons are tried in Cases Capital or Crimi­nal, and the Party cleared; such Witness as have been Summoned, shall be paid by the respective Treasurers, if they are to go out of the Town they live in to Witness.

Wills.

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

It is therefore Ordered by this Court and the Authority thereof; that all such Disposals and Testaments of Lands and Hereditaments in Writing, be Sealed by the Testator or his Order in his presence, before two or three sub­stantial Witnesses, that may be able to testifie that it was his Will, and that he was when he so Signed, Sealed or Declared it in such capacity as is above expressed.

and proved [...] Court 2. Ordered; That such Wills and Testaments be Exhibited to be proved by the Executor or Executors, at the next County Court after the Death of the Testator, if it may be: An [...] Inventory to be taken & with the Will Recorded.and that a true Inventory of the Estate duely va­lued be presented to be Sworn to, and left to be Recorded with the Will; and the Probate shall not be taken until such Inventory is presented, or sufficient Bond given for the speedy performance of the same.

And forasmuch as some persons may be suddenly surprized, that they may not have opportunity to make a written Will;

3. It is Ordered by this Court; That if any person do make a Will Non-cupative, or a verbal Disposure of his Goods and Chattels, it be before two or three good substantial Witnesses, that are neither Heirs nor Legatees; and they shall within three dayes commit it to Writing, Wills noncu­pative and make Oath to it at the next County Court, provided such Disposure were in his last Sick­ness, or not above six Moneths before his Death, it shall be accounted good in Law; but such Will shall not be approved of or allowed, until fourteen dayes after the death of the party, and notice given to the Widow and next of Kin, that they may contest the same if they see cause.

Executors to present the Will to pro­bate4. Ordered, That if any Executor shall refuse or neglect to present the Will of any Deceased, in order to a Probate more than one Moneth after the County Court that happens next after the Decease of any such person, and that so refuseth or neglecteth, shall pay five pounds fine to the County, and so five pounds for every Moneth he shall neglect the same afterwards.

What in case Executors re­fuse their Exe­cutorship5. Ordered, That if any person shall renounce his or their Executorship, it shall be in open Court, or appear to the Court by sufficient. Testimony, or before two Magistrates, the Clerk being present to Record the same; in such case the Court or said two Magistrates, may grant Administration to the Wi­dow, or the Widow and some other of the Kindred: if the Widow refuse, to some of the next Relations the desire the same: if such refuse, then to be granted to some one or more of the chiefest Creditors: But if they do not desire the same, then to, be granted to such as the Court or two Magistrates shall see cause; and said Writing made out to be the mind of the Testator, shall be the Rule for their Administration, if capable thereof.

In what case Executors or others Ad­ministring shal be liable to re­spond all debts & dues6. Ordered; That if any Executors or other, shall Imbezel any Estate, or Alienate and Dispose of any Estate of the Deceased otherwise than for Funeral Charges and of matters necessary for the Family: and for the secu­ring of such Estate before the Probate of the Will, or his having taken out Letters of Administration, and presenting an Inventory of all the known Estate, or giving Bond so to do in such case; every person so Executing or Administring, shall be liable to respond all Debts and Dues, and pay all Le­gacies, whither the Estate be sufficient or not.

Ordered, That any Executors or Administrators, after they have proved any Will, or obtained Administration, shall be liable to be Sued, and respond for any Wrong or Damage any may sustain by reason of his or their male Administration.

administrators to be bound by two sufficient Sureties7. Ordered, That whosoever takes our Letters of Administration, shall be Bound with two sufficient Sureties, that they shall Administer according to Law; and if the same be neglected, the County Court to take the best care therein they can for the securing the Estate and appoint Administra­tion thereon.

Dispose of In­estates estate8. Ordered; That if any person shall die Intestate, Funeral Charges and Debts being paid, and such Sum set apart as the County Court shall see meet for the bringing up of small Children, or to be allowed for any Child that is Lame, Decrepit, or otherwise Helpless, and like to be more than ordinarily chargeable: The remainder of Goods and Chattels to be disposed of as follows; one third part to the Widow, the other two thirds to be equally divided among the Children, discounting with each Child what? [Page 65]appears they had before received in part of their Portion, saving to the eldest Son a double portion, if the Lands assigned to him do not amount unto a double Portion of the whole Estate real and personal.

9. Ordered also, That if any person dieth Intestate, having Lands in fee simple, whereby such Lands descend to the Heir Male, Daughters portions how paid and there be di­vers Daughters, and no considerable Estate besides Lands when Debts are paid, so that Daughters cannot have Portions in any measure according to such Intestate Estate, the County Court out of which Administration of any such Estate was granted, and where the Land lieth, shall have power upon due consideration of such case, to appoint such Heir or Heirs male, to pay to the Daughters Portions at such time, and in such manner, and so much as to said Court shall be just and reasonable, not exceeding to one Daughter the portion of any younger Brother: which he hath by descent, and from and by Division of the Intestate Goods and Chattels: and if such Heir or Heirs, if of full age, or their Guardian or Guardians, for such or so many as are un­der age, shall not pay such Portion or Portions, as the Court hath Ordered and Appointed, and set down upon Record: The clerk of said Court, by order of Court, shall grant Execution for such Portion or Portions to be Levied on such Lands as so descended, or other sufficient Estate, which shall be delivered to the Party: and if it be Lands, it shall be as good an Estate to Her and Her Heirs, as in other case of Lands delivered on Execution.

Wolves.

ORdered, That if any English man kill a Wolf in this Colony, if he bring in the Head to the next Constable, he shall have a Receipt of the Constable for the same; and shall be allowed twenty shillings; Killing of Wolves what, and how to be paid And if an Indian kill a Wolf in this Colony, and bring the Head to the next: Constable, he shall have a Receipt, and shall be allowed a Coat of Duffels, or twelve shillings: for Wolf Whelps there shall be allowed a quarter price; and the Constable of each Town to signifie under his hand the Names of the Men, and the number of the Wolves, and how many killed by English, and how many by Indians, of all he hath passed Receipts for, unto June Court: such Sum to be raised with other Countrey charges, and discounted with the se­several Towns out of their proportion of the Country Rates: and such in the Town as produce those Receipts to have it discounted with them, or paid to them by the next Constable: and if the Constable shall wittingly give in to the Treasurer a false Account; or if any person kill Wolves out of the Patent, and come here for pay for the same, each shall be liable to such reasonable penalty or punishment as the County Court shall think fit▪

Wrecks.

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

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