ABILITY.

Ability to dis­pose or estatesIT is Ordered by the Authority of this Court; That all persons of the age of Twenty one years, and of right understanding and memory, whether exco­municated or other, Condemned person estates to be disposed of by the Court, &c. shall have full power and liberty to make their Wills and Testaments, and other lawful Alienations of their Lands and Estates; alwayes provided, that such persons who are condemned to Dea [...]h, the disposal of their Estates, after the charges of their Prosecution and Imprisonment is an­swered, shall be left to the Court to be disposed according to Rules of Righte­ousness and Equity.

ACTIONS.

TO prevent inconveniences, and that those who shall be called to make answer in such suits as shall be Comm [...]nced against them (in any the Civil Courts of Judicature in this Colony) may have due time to prepare themselves for their Answer;

It is therefore Ordered by this Court and the Authority thereof; That from henceforth no person shall be requireable to appear in any Court, Five days warn­ing to answer any Action to make An­swer to any Action of Debt, Trespass, Defamation, Slaunder, Accompt, or of the Case, except the Summons have been served upon him at least five dayes before the Court.

It is [...] Ordered▪ That if any person who hath entred an Action to be tryed in any of our Courts, Plaintiffs not ap­pe [...]ring to pro­secute when cal­led 3 times to be Nonsuited &c be called three times (after the first half dayes sit­ting of the Court) and not appear by himself or his Attorney to prosecute his Action, he may be Non-suited, and pay all costs and charges, as if his Action had been prosecuted in the said Court.

Liberty of pro­cess at adiourn­ed CourtsAnd it is Ordered; That there shall be free liberty of Process granted in all Civil Actions according to Law, at any Adjourned County Court, as well as at the set County Courts.

Plaintiffs liberty to [...] or Nonsuit himself &cIt is further Ordered by this Court; that in all Actions brought to any Court, the Plaintiffe shall have liberty to withdraw his Action, or to Non-suit himself before the Jury have given in their Verdict, in which case he shall all­wayes pay full costs and charges to the Defendant, and may afterward [...] his suit at another Court, the former Non suit being first Recorded.

It is also Ordered; That for all such Actions as shall be tryed by a Jury in any of our Courts, [...] charge what there shall be paid by the Plaintiffe Twelve shillings, six shil­lings to the Treasury and six shillings to the Jury. And for all such Actions as shall be tried by the Bench, there shall be paid by the Plaintiffe two shillings to the Treasury, besides the Secretary or Clarks fees.

Upon non-pay­ment of cost of Court, the Court [...] to hea [...] the caseIt is further Ordered; That if any person Commence an action in any of our Courts, either for the Bench or Jury, and do not pay down the charges thereof according to Order, both to the Treasury, Secretary, Recorder and [...]ury in good and currant Country pay, to the Courts satisfaction, it shall be in the po­wer of the Court to refuse to hear such Actions.

ADVLTERY.

Adultery how punishedIT is Ordered By this Court and the Authority thereof; That whosoever shall commit Adultery with a Married Woman, or one betrothed to another [Page 3] man, both of them shall be severely punished by whipping on the naked Body, and Stigmatized or Burnt on the Forehead with the Letter A. on a hot Iron, and he or she shall wear a Halter about his or her neck on the outside of their Garments, during his or her abode in this Colony, so as it may be visible; and as often as he or she shall be found without their Halters worne as aforesaid, they shall upon information and proof of the same made before any Assistant or Commissioner, be by them ordered to be whipt.

Adventurers in Discovering Commodities of publick Concernment.

IT is Ordered by the Authority of this Court; That if any person or persons shall set themselves on work to discover any Commodities, Adventurers [...] discovering Co­modities of use, &c to be encouraged that may be of use for the Country, for the bringing in a supply of Goods from forreign parts, that is not as yet of use amongst us, he that discovers it shall have due encou­ragement granted to him, and the Adventurers therein.

AGE.

IT is Ordered by the Authority of this Court; F [...]ll age, and age of discretion That the age for passing a­way of Lands or such kind of Hereditaments, or for giving of Vote, Ver­dicts or Sentence in any Civil Courts or Causes, shall not be under twenty one years of age: But in case of chusing Guardians, fourteen years.

ALARMS.

IT is Ordered by the Authority of this Court; That when there is an Alarm in any Plantation, In Alarms the Souldiers to re­pair to their quarters, penalty 5. l. the Souldiers shall repair to the several Squadrons or pla­ces in which their chief-Officers hath appointed them to meet in; and any person that shall neglect or refuse to attend his duty herein, he shall be puni­shed, by a fine of five pounds, or imprisoned, or other corporal punishment; proviso alway provided, such delinquency be complained of, and prosecuted within six moneths, and the Delinquent do not give a satisfying reason to the Court of his disability to attend this Order.

False Alarms.

IT is Ordered by the Authority of this Court; That if any person or persons in this Colony, without just and necessary occasion so to do, False Alarms shall cause any Alarm, by firing any Gun or Guns, or otherwise, in any of our Plantations, at any time between the shutting in of the Evening or break of the Day (such practises being very prejudicial to the comfort and safety of the Plantations) the person or persons that are discovered, and convicted to be guilty herein, penalty 5. l. shall pay five pounds a piece to the publick Treasury, or suffer two moneths Im­prisonment, or other Corporal punishment; provided, proviso the Delinquency be com­plained of, and prosecuted within six moneths after the same is committed. Alarms, see Constables Charge to the Watch.

APPEALS.

IT is Ordered by the Authority of this Court; That if any person shall be agrieved with the sentence of any inferiour Court, Assistant or Commissioner [Page 4] he may remove his case to the next County Court in that County where his case was first heard; Liberty of appeal from one Assist. or Comission. &c to the Count. Co Provided he give in good security to prosecute his case at the said County Court.

It is also Ordered; That if any person or persons be agrieved with the issue, sentence, Liberty of appeal from a Coun. Co. to the Court of Assistants Proviso in which case ex­ecution is to be respited or determination of any County Court, he or they shall have liberty to Appeal to the next Court of Assistants, provided, he give in good security to prosecute his Appeal, and pay all Costs: In which case Execution shall be respited till the issue of the case; and for every Appeal to the Court of Assi­stants, there shall be paid twenty shillings to the Publick Treasury.

Liberty to re­move the case from the Cour [...] of Assist. to the Ge­neral Court provisoIt is also further Ordered; That if any person or persons shall be dissatisfied with the conclusion of any Court of Assistants, he may remove his case to the General Court, provided, he do it before Execution be granted, and give in good security to prosecute his case at the next Session of the General Court, and pay all costs, and abide by and fulfil the issue of the said Court in the case: And for every case thus brought to the General Court, there shall be paid forty shillings to the publick Treasury.

ARRESTS.

IT is Ordered by the Authority of this Court; That no person shall be Ar­rested or Imprisoned for any Debt or Fine, No person to be Arrested, Impri­soned &c if the Law can finde any com­petent means of satisfaction otherwise from his Estate, and if not, his person may be Arrested and Imprisoned, where he shall be kept at his own charge, not the Plaintiffs, Debtors impri­soned to lye at [...]heir own charge till satisfaction be made; unless the Court that hath cognizance of the cause, or some Superiour Court shall otherwise determine: Provided nevertheless, proviso no mans person shall be kept in Prison for Debt, but when there appears some Estate which he will not produce: in which case any Court, As­sistant or Commissioner may administer an Oath to the party, If no estate ap­pear the Dr. to answer his debt by service &c or any others suspected to be privy in concealing his Estate: And if no Estate appear, he shall satisfie his Debt by service, if the Creditor require it, in which case, he shall not be disposed of in service to any but of the English Nation.

ATTACHMENTS.

Ordnary process [...]IT is Ordered by the Authority of this Court; That the ordinary Summons or Process for the present within this Colony, until other provision be made to the contrary, shall be a Warrant fairly written under some Magistrate or Magistrates, Commissioner or Clark of the Courts hand or hands, mentioning the time and place of appearance, together with the substance of the Action, and if the said party or parties do not appear according to the said Summons or Warrant, upon affadavit first made, that the Warrant was read to the said person or persons, how to be served within his hearing, or left at the place of his usual abode; the Court shall order an Attachment to be granted against the person or per­sons Delinquent, to Arrest or Apprehend the said person or persons, for his or their wilful contempt; Attachments for Contempt [...] and in case no sufficient Security or Bayle be rendred to imprison the said party or parties returnable, the next Court that is capable to take cognizance of the business in question, and upon return of the said Attachment, the said Court to do therein according to the Laws and Order [...] [...] the Jurisdiction; and in that case also, the party Delinquent shall bear his own charges.

To prevent inconveniencies, and that Creditors may be satisfied, in a suitable way, according to the nature of their Contracts and Bargains.

It is Ordered by this Court; That it shall be lawful for such Creditors that [Page 5] have Debts owing to them in Money, Corn, Provision, or other special pay, upon the refu [...]al or non payment of such Debts when they are due, Attachments for special pay to take out an Attachment, and to lay it (if it can be found) upon such Estate as is enga­ged, or any other Estate of the Debtors, such as the Creditor liketh, provided it be not prohibited by Law, and to secure the Estate so seized unto a Tryal at the next Court appointed for that end, and what ever Estate thus Attached, Court to appoint Prizet [...] upon a Judgement comes to Appizement, the said Court that Issues the case shall also appoint them that shall apprize the Estate; the valuation whereof shall be regulated according to the nature and worth of the pay contracted for in present pay.

It is also Ordered, that Attachments to Seize upon any mans Lands or Estates, Attachments to be granted a­ga [...]n forreigner [...] a [...]d fraudulent conve [...]ors away of their Estates they may be Granted for or against such goods as are Forreign­ers, and do not dwell or Inhabit within this Jurisdiction; or in case upon credible Information, it appears that any Inhabitant that is indebted or [...]n­gaged, goeth about to convey away his Estate to defraud his Creditours, or to convey away his Person out of this Jurisdiction, so as the Process therof may not be served upon his person: In that or any other just Cases, there may be Attachment or Attacments granted. Pr [...]viso Provided that in all cases of Attachments, all or any of the Creditors have liberty to declare upon the said Attachment, if he come in at the Return of the said Attachment▪ Al­wayes provided, That he that first secures an Estate by an Attachment shall first be paid.

It is further Ordered by this Court, That whosoever takes out an Attach­ment against any mans Person, Goods, Chattels, Lands or Hereditaments, Where Attach­ments are grant­ed▪ security must be given to pro­secute sufficient Security and Caution shall be given by him to prosecute his Action in the next Court, and so from Court to Court till it shall receive an issue, and to answer the Defendant such Costs and Damages as shall be awarded to him by the Court. And in all Attachments of Goods or Lands, legal notice shall be given thereof unto the party, or left in writing at his House or place of usu­al abode if he live within this Jurisdiction, otherwise his Suit shall not pro­ceed.

AVDITORS.

IT is Ordered by the Authority of this Court; Auditors to be appointed year­ly &c That meet Persons shall by this Court be appointed yearly to Audite the Accompts of the Jurisdiction.

BALLAST.

IT is Ordered by the Authority of this Court, Ballast not to be taken without leave of Towns­men That no Ballast shall be taken from any Sh [...]ar in any Town within this Colony by any person whatsoever, without allowance under the bands of those men that are to order the affairs in each Town, upon the penalty of twenty shillings for every load so taken. Penalty It is also Ordered, that no ship nor other vessel, shall cast out any Ballast in the, Ballast not to be cast into the Channel penalty fines to go to the Town Treas. &c Channel, or other place inconvenient in any Harbour within this Jurisdiction upon the penalty of ten pounds: all fines for the Breaches of this Law, to be and belong to the Town Treasury where the offence is committed.

BARRATRY.

IT is Ordered by the Authority of this Court; That if any man be proved and adjudged a common Barrater, vexing others with unjust, Barratry &c. case to be rejected &c frequent and needless suits; it shall be in the power of any Court both to reject his Cause, and punish him for his Barratry.

BASTARDY.

THere being as yet no stated Rule by this Court Ordered touching the reputed Father of a Bastard, for legal conviction:

It is therefore Ordered by this Court; That where any man is legally convicted to be the Father of a Bastard childe, he shall be at the care and charge to bring up the same, Bastardy by whom to be brought [...]o &c. by such assistance of the Mother as nature requireth, and as the Court from time to time [...]ccording to circumstances shall see meet to order: And in case the Father of a Bastard by confession, or other manifest proof upon tryal of the case, do not appear to the Courts satisfaction, then the man charged by the Woman to be the Father, she holding constant in it (espe [...]cially being put upon the real discovery of the truth of it in the time of her travel) shall be the reputed Father, and accordingly be liable to the charge of maintenance as aforesaid (though not to other punishment) notwithstanding his denyal; unless the circumstances of the case and pleas be such on the be­half of the man charged, as that the Court that have the cognizance thereof shall see reason to acquit him, and otherwise dispose of the Childe and educa­tion thereof; Provided alwayes in case there be no person accused in the time of her Travel, it shall not be available to abate the conviction of a reputed Father.

BILLS.

IT is Ordered by the Authority of this Court; That any Debt or Debts due upon Bills or other specialties to another, Bills Assigned good Debts to the Assignee shall be as good a Debt and Estate to the Assignee as it was [...]o the Assigner at the time of its Assignation; and that it shall be lawful for the said Assignee to sue for and recover the said Debt due upon Bill, and so assigned as fully as the original Creditor might have done; alwayes provided, the said Assignment be made in writing, and subscribed with the Assigners own hand, Proviso and witnessed by two witnesses.

Bounds of Towns and particular Lands.

FOrasmuch as the Bounds of Towns, and of the Lands of particular Persons are carefully to be maintained, and not without great danger to be removed by any, which notwithstanding by deficiency and decay of marks may at unaware [...] be done, whereby great jealousies of persons trouble in Towns and incumbrances in Courts do often arise, which by due care and means might be prevented;

It is therefore Ordered by the Authority of this Court; That every Town shall procure their Bounds to be set out within twelve Moneths after their Bounds are granted, Every to [...]n once a year to run their Bounds and when their Bounds are set out once in the year, two or more persons in each Town appointed by the Select men shall appoint with the adjacent Towns, to go the Bounds betwixt their said Towns, and reuiew their marks; which marks shall be a great heap of Stones or a Trench of six foot long, marks for bounds and two foot broad. The most ancient Town (which for the River is determined to be Wether [...]field) to give notice of the time and place for this Perambulation, Time of going bounds neglect penal. 5. l which time shall be in the first or second Moneth, upon pain of five pounds fine for every Town that shall neglect the same; Provided the per­sons appointed for this perambulation shall go in their several quarters by or­der of the Select men, and at the charge of the several To [...]. And it is further Ordered; That if any particular Proprietor, of Lan [...] lying in common with others, Particular per­ambulation to be attended shall refuse to go by himself or his ass [...]e, the [...] betwixt his Land and those whose Land lye next him once a year in the first or second Moneth being requested thereunto, upon one week [...] warning, he shall forfeit for every day so neglecting ten shillings, penalty for neg­lect half to the party moving thereto, the other half to the Town Trea [...]ury; Provided all breaches of this Law be complained of, and prosecuted within six moneths after the [...] is committed [Page 7] And the Owners of all impropriated Grounds, shall bound every particular parcel thereof with sufficient Mear-stones, Impropriated Grounds bound­ed with Mear-stones penalty and shall preserve and keep them so, upon the penalty of forfeiting ten shillings per moneth.

Brand for Horses.

IT is Ordered by the Authority of this Court; That each Town in this Colo­ny, shall have a Town Brand, Every Plantation to have a Brand for their Horses &c. to Brand their Horses with a several letter as is hereby directed, and [...] in each Town, shall by the Inhabitants of each Town be chosen to Brand them, who shall make an Entry of all Horses so Branded, with their natural and artificial marks in a Book kept by him for that purpose, who shall have six pence for every Horse, Mare or Colt so Branded and Entred.

The Letters for the several Plantations are,

• Hartford A.
• Middletown B.
• Simsbury C.
• Saybrook D.
• Greenwich E.
• Fairfield F.
• Gilford G.
• New haven H.
• Windsor I.
• Stonington K.
• New-london L.
• Milford M.
• Norwich N.
• Norwalk O.
• Lime Q.
• Rye R.
• Stanford S.
• Branford T.
• Kelinworth V.
• Wethersfield W.
  The several Towns Brands
• Farmington X.
• Wallingford Y.
• Haddum Z.
• Stratford [...].

The Brand to be set on the near or left Shoulder.

BRIDGES.

THis Court considering the great danger that persons Horses and Teams are exposed unto, by reason of defective Bridges, and Country High-wayes in this Jurisdiction;

Do Order; Loss of life &c▪ through defect in high-wayes or Bridges That if any person at any time loose his his life through defect or insufficiency of such Bridges, in passing any such Bridge or High-way af­ter due warning given unto any of the Select men of the Town in which such defect is, in writing under the hand of two witnesses, or upon presentment to the County Court of such defective Wayes or Bridges, Penalty that then the County or Town which ought to secure such wayes or Bridges, shall pay a fine of one Hundred pounds to the Parents, Husband, Wife, or Children, to be paid to the next of Kin &c. or next of Kin to the party deceased. And if any person loose a Limb, break a Bone, For hurt to per­sons &c doub [...] damage to be paid or re­ceive any other Bruise, or breach in any part of his body through such defect aforesaid, the County or Town through whose neglect such hurt is done shall pay to the party so hurt double damage; the like satisfaction shall be made for any Team, Cart or Cartage Horse or other Beast, or Loading proportion­able to the damage sustained aforesaid.

It is also Ordered; Every Town to keep their High-wayes in suffici­ent repair That the several Townships within this Colony shall keep in sufficient repair all the High-wayes and Bridges within their Town­ships.

And for the prevention of danger which may come by the insufficiency of Brid­ges and Passages, which lye upon Town-High wayes, the care whereof doth belong either to the Town or to particular persons to repair, who many times can­not procure Workmen to do the same;

It is therefore Ordered by this Court; Any one Assist. or Commission. may grant warrants to impress men to repair defective wayes & bridges That upon the complaint of any such Town or Person to any one Assistant or Commissioner, he is hereby impowred to issue out Warrants to the Constable to impress such Workmen in their Township, as shall be needful to secure and repair the same, who shall be paid for their work, either by the Town, or Persons to whom such Bridges and Passages do belong.

Burglary and Theft.

FOrasmuch as many Persons are apt to be injurious to the Goods and Lives of others, notwithstanding all care and means to prevent and punish the same;

[Page 8]It is therefore Ordered by this Court and the Authority thereof; That if any person shall commit Burglary, Burglary to be punished 1st. of­fen [...] by breaking up any Dwelling House, or shall Rob any person in the Field or High wayes, such a person so offending, for the first offence, shall be Br [...]nded on the Forehead with the letter [...]. if he shall offend in the same kinde the second time, 2d. offen [...] he shall be Branded as before, and also be severely whipt, 3d. offence and if he shall fall into the same offence the third time, he shall be put to death as being incorrigible.

If committed on the Lords day to lo [...] an ear &cAnd if any person shall commit such Burglary, or Rob in the Fields or House on the Lords day, besides the former punishment, he shall for the first offence have one of his Ears cut off, and for the second offence in the same kinde, he shall lose his other ear in the same manner, and if he fall into the same offence the third time; he shall be put to death as aforesaid.

For the prevention of Pilfring and Theft.

IT is Ordered by the Authority of this Court, That if any person whether Children or Servants, Robbers of Or­chard [...] ▪ Gardens &c or others, shall be taken or known to Rob any Or­chard or Garden, that shall hurt or steal away any Grafts or Fruit Trees, Fruits, Linnen or Woollen, or any other Goods left out in Orchards, Gardens▪ [...]a [...]k-sides, or any other place in House or Fields, or shall steal any Wood, Timber, or other Goods from the Water side, from [...] Doors, Lots, or Yards, he shall forfeit treble damage to the Owners thereof, To pay treble damage [...] &c and such fine or corporal punishment as the C [...]u [...]t shall [...]hick meet.

It is also Ordered by this Court▪ That whosoever shall conceal any Theft, or receive any stollen Goods, Conceale [...] of Theft liable to the same punish­ment as the thief knowing them to be such (except the Fact be private, or committed by some Member of his own Family) every such per­son or persons shall be adjudged liable to such punishment as he that committed the Theft.

And forasmuch mony times i [...] so fa [...]s out that small Thefts and other Of­fences of a Criminal [...] are committed▪ both by English & Indians in Towns remote from any prison [...] & other [...] p [...]ace to which such Malefactors may be com­mitted and secured to the next Court,

One Magistrate may [...]ear & [...] small TheftsIt is therefore Ordered by this Court; That any Magistrate upon complaint made to him, may [...]ear, and upon due proof determine [...] offences of the aforesaid nature, according to the Laws here estab [...]ished, and give war­rant to the Constable of that Town where the offender lives, to levy the same; Provided the damage or fine exceed not fo [...]ty shillings: proviso

Liberty to remove the case to the County Co.Provided also, it shall be lawful for either party to remove his case to the nex [...] Court in that County, giving sufficient caution to prosecute the same at the said Court to effect; fines to be retur­ned in which case Execution shall be r [...]pited till the matter be issued. And every Magistrate shall make return yearly to the Court of that County where he liveth, Where no estate to satisfie [...] then to be [...]ecured in prison till fine paid Servants and workmen imbe­zeling their Ma­sters Goods to make restitution of what cases he hath so ended; and also the Constables are to return all such fines as they have received to the County Treasurer: And where the Offender hath nothing to satisfie such Magistrate may punish by Stocks, or secure him in Prison till his fire be paid.

It is also Ordered by this Court; That all Servants or Workmen imbezeling the Goods of their Masters, or such as set them on work, shall make restitution and be li [...]be to all Laws and penalties as others.

Candle-wood.

WHereas there is an Order of Court amongst us, which prohibits all parti­cular persons from buying Lands within this Colony of the Indians, either directly or indirectly, Timber and candle Wood, or Trees not to be purchased of Indians without leave obteined of the Court. under any pretence whatsoever:

It is now further Ordered by the Authority of this Court; That no particu­lar person whatsoever, shall buy of the Indians, either directly or indirectly, any Timber, Candle-wood or Trees of any sort or kinde within this Colony, thereby to impropriate them to themselves without leave from this Court, though it be without the bounds of the several Towns.

Cask and Cooper.

IT is Ordered by the Authority of this Court; That Cask used for Tar or o­ther Commodities to be put to sale, Half Hogshead o [...] Gallons. shall be Assized as followeth, viz. every Cask commonly called Barrels or half Hogsheads, shall contain twenty eight Gallons Wine measure, and other Vessels proportionable▪ and all Pork and Beef Barrels shall contain thirty one Gallons and a half, Pork Barrels 3 [...] Gallons and a half. [...]ager [...] Their [...] and that fit persons shall be appointed from time to time in all places needful to Gage all such Vessels or Cask, and such as shall be found of due Assize, according to this Order shall be marked with the Gagers mark and no other, who shall have for his pains four pence for every T [...], Coopers Brand. [...]. and so proportionably. And it is also Ordered, that every Cooper shall have a distinct Brand-mark on his own Cask, upon pain of forfei­ture of twenty shillings for every defect.

Cattle, Corn-fields,

FOrasmuch as disordered Persons are very apt to take other mens Horses, some­times upon the Commons, sometimes out of their own Grounds, Common-Fields and Inclosures, and ride them at their pleasure, without any lia [...]e or privity of their Owners; It is Ordered by the Authority of this Court; That whoso­ever shall take any other mans Horse, Mare or drawing Beast out of his Inclo­sure, Riding or work­ing mens Cattle without leave treble damage [...] or 10. [...]. Fine upon any Common, out of any Common field or elsewhere, except such be taken damage seizant, and disposed of according to Law, without leave of the Owners, and shall ride or use the same, he shall pay to the party wronged treble damages; or if the Complainant shall desire it, then to pay only ten shil­lings, or otherwise pu­nished and such as have not to make satisfaction, shall by service make payment thereof; any one Assistant or Commissioner may hear and determine the same: all offences or breaches of this Order to be prosecuted within six months, all after prosecution to be void and of no effect.

For the prevention of differences that may arise in the owning of Cattle that be lost or stray away: It is Ordered by this Court and the Authority thereof, That the Owners of any Cattle within this Jurisdiction shall Ear-mark or Brand all their Cattle and Swine that are above half a year old, Cattle to be [...] marked (except Horses) and that they cause their several Marks to be Registred in the Town-book, and whatsoe­ver Cattle shall be found un-marked, Ear marked to be recorded Penalty 5 [...] shall forfeit five shillings a head, whereof two shillings six pence shall be to the Complainer, and the other to the County Treasury.

Common-Fields and Fences.

WHereas the condition of these Plantations in these beginnings wherein we are, in such, that necessity constrains to improve much of the ground belong­ing to the several Towns in a Common way, and whereas the publick and general [Page 11] good (which ought to be attended in all such Improvements as are most proper to them, and may best advance the same) may receive much prejudice through want of a prudent ordering and disposing of those several Common Lands, so as it may best effect the same. It is Ordered by the Authority of this Court; Select men to be annually chosen That each Town in this Colony, shall from time to time yearly chuse Three, Four, or Se­ven of their discreet men to be their Select men, Their power concerning the ordering the improvement of com­mon Lands to Order the prudential affairs of their Town; who by this Order are impowred and required seriously to consider and determine according to their best skill, in what way the said Com­mon Lands in their several and respective Plantations may be best improved for the Common Good, and whatsoever is so determined by the said Select men, or the Major part of them in each Town concerning the way of Improve­ment of any such Lands, shall be attended by all such persons that have any pro­priety or Interest in any such Lands so judged by the Select men.

And whereas much damage may arise not only from the unruliness of some kind of Cattle, but also from the weakness and insufficiency of many Fen [...]es, whereby much difference and variance may arise, which if not prevented, may prove preju­dicial to the Publick Peace.

It is therefore Ordered by this Court; That the Select men, Select-men to [...] Fence viewers to [...] Fines on [...] ctive Fence or the major part of them, shall appoint what Fences shall be made in any common Grounds, and after they are made to cause the same to be viewed by the Fence-viewers, who are to set such fines as they judge meet upon any as shall neglect or not duely attend the aforesaid Order of the Select-men, in the setting down of their Fence, or repairing of the same; when F [...]nces are sufficient Cattle and Swine to pay damage liberty of parti­cular inclosures And when Fences are made and judged suffi­cient by the Fence-viewers, and so maintained, whatsoever damage shall be done by Hogs, or any other Cattle within those said Lands, shall be paid by the Owners of the Swine or Cattle; it being provided that any particular man or men shall have liberty to inclose any of their particular Grounds, and improve them according to their own discretion her mutual agreement notwithstanding this Order. It is also further Ordered by this Court; [...] that Improves is to Fence That what Lands lye in Common unfenced, if one shall improve his Land by Fencing in several, and another shall not, he who shall so improve shall secure his Land against other mens Cattle, After improve­ment and shall not compel such as joyn upon him to make any Fence with him, except he shall also improve in several as the other doth, and where one man shall improve before his Neighbour, & so make the whole Fence, none to lay open without three months warning if af­ter his said Neighbour shall improve also, he shall then satisfie for half the others Fence against him, according to the present value; and shall maintain the same. And if either of them shall after, Fencing Home­lots lay open his said Field (which none shall do without three months warning) he shal have liberty to buy the dividend Fence, paying according to the present valuation, to be set by two men chosen by either party one; Insufficient fence not [...] except by Swine &c The like Order shall be attended where any man shall im­prove Land against any Town [...]common, Provided this Order shall not include House-lots, for in such, if one shall improve, his Neighbour shall be compella­ble to make and maintain one half of the Fence between them, whether he im­prove or not; Provided also, that no man shall be liable to satisfie for damage done in any such Ground not sufficiently Fenced, except it shall be for damage done by Swine under a year old, Cattle damage [...] be pounded. or unruly Cattle which will not be restrained by ordinary Fences, or where any man shall put his Cattle or otherwise volun­tarily trespass upon his Neighbours Ground: And if the party damnified find the Cattle damage [...]eizant, he may Impound them, or otherwise dispose of them according to Law.

Caveats Entred

WHereas it appears, that divers to defeat and defraud their Creditors, may secretly and under-hand make Bargains and Contra [...]s of their Lands, Lotts, and Accomodations, by means whereof, when the Creditor thinks he hath a means in due Order of Law to declare against the said Lands, Lotts and Ac­comodations, and so recover satisfaction for his Debt, he is wholly deluded and [Page 12] frustrated, which is contrary to a righteous Rule, that every man shall pay his debt with his Estate, be it what it will be, either real or personal;

It is therefore Ordered by this Court and the Authority thereof; That if any Creditor for the future do suspect his Debtor, Against Debtors non solvant that he may prove non solvant in his personal Estate, he may repair to the Register or Recorder of the Plantation where the Lands, Caveat enter a [...]d for recording i [...] Lots or Accomodations lieth, and enter a Caveat against the Lands Lots or accomodations of the said Debtor, and shall give the said Regi­ster or Recorder four pence for the Entry thereof; Caveat to be prose [...]uted [...] County Court And the said Creditor or Creditors shall take out Summons against the said Debtor, and in due form of Law the next County Court in that County where the said Lands, Lots and ac­comodations lyeth, declare against the said Lands, Lots and Accomodations. And if the Creditor recover, he may enter a judgement upon the said Lots, Lands and Accomodations▪ Judgment entred and take out an extent against the said Lands, Lots and Accomodations, [...] may be taken directed to a known Officer, who may take two honest and sufficient then or the Neighbours to apprize the said Lands, Lots and Accomo­dations either to be sould out right, Lands [...] to be sold [...] if the Debt so require, or set a reasonable Rent upon the same until the Debt be paid, and deliver the possession thereof either to the Creditor or Creditors, or their Assigne or Assignes, and what Sale or Sales, Lease or Leases the said Officer makes, being Recorded according to the order for Recording of Lands, Sales or Leases to be [...] Recorded [...] Law proviso shall be as legal and binding to all intents, constructions and purposes, as though the Debtor himself had done the same; Provided if the said Debtor can then presently procure a Chapman or Tenant that can give to the Creditor or Creditors satisfaction, to his or their content, he shall have the first refusal thereof.

Al [...]o it is hereby Ordered; That he which first enters Caveats as aforesaid, and his Debt being due at his Entring the said Caveat shall be first paid, Caveat first en­tred, [...] paid▪ and so every Creditor as he enters his Caveat, and his Debt become due, shall be order­ly satisfied, unless it appears at the next Court, the Debtors Lands, Lots and Accomodations prove insufficient to pay all his Creditors, Back Creditor [...]o receive [...] a [...]cording to his entry in which case every Creditor shall have a suitable proportion to his [...] out of the same, and yet notwithstanding every man to receive his part according to the Entry of his Cav [...]at, this seclude [...] not other wayes yet this is not to seclude any Creditor from recovering other satisfa­ction▪ either upon the person or estate of the said Debtor, according to the Law and Custome of the Colony.

Sales after the 1st caveat entred made by the Debtor voidAs also it is further Ordered; That what sale or bargain soever the Debtor shall make concerning the said Lots, Lands and Accomodations, after the En­tring the Caveat shall be void as to de [...]faud the said Creditors.

It is also further Explained and Declared; That if the said Debtor be known to be a non solvant man, before the first Caveat was Entred against the said Lands, Lots and Accommodations, and the same appear at the next County Court, An Explanation then the said Court shall have power to call in all the Creditors in a short time, and set an equal and indifferent way how the Creditors shall be paid out of the said Lands, Lots and Accomodations; otherwise if the said Debtor prove insolvant after the first Caveat Entred, then this Order to be due­ly observed according to the premises, and true intent and meaning thereof.

It is also further Explained and Declared; That the said Recorder or Regi­ster of the said Caveat shall the next County Court as aforesaid return the said Caveats that are with him, Caveats to [...] in the next Co [...]y Co▪ at which time and Court, the Enterers of the said Caveats shall be called forth to prosecute the same at the said Court, and if the Enterer of the said Caveats fail to prosecute according to this Order, if not prosecuted the Re­gister or Recorder of the said Caveat or Caveats shall put a Vacat upon the [...] Caveat or Caveats, A Vacat to be entred which shall be invalid or void to charge the said [...] Lots and Accomodations aforesaid.

Causes, Small Causes.

FOr the benefit of the Inhabitants of this Colony, and that our Courts may be eased of the trouble of small Causes;

It is Ordered by the Authority of this Court; Any one Assist may issue any case under 40. s That any one of our Assistants shall have power to hear and determine, by his discretion (not by a Jury) ac­cording to the Laws here established, all Causes arising in tha [...] County where he lives, wherein the Debt, Trespass or Damage, and grant execution thereupon doth not in [...]he Judgement of the Plaintiffe exceed forty shillings, who may also grant Summons to require the parties concerned and Witnesses to appear before him, and Execution upon the issue of the case, directed to the Constable, who is hereby required faithfully to execute the same.

And it is further Ordered; one Commis. &c Select-men may issue a case of 40 shillings That in such Town where no Assistant dwells the Commissioner of that Town, with two of the Select men have like power with an Assistant to hear and determine by their good discretion not by Jury, all such Causes aforesaid, according to the Laws here established, who may also grant Summons to require parties and Witnesses to appear before them, Grant summons, [...] and ex [...]cu­tion which the Const. must serve and ad­minister Oathes to the Testimonies as need shall require, and Execution upon the issue of the Case directed to the Constable, who is hereby required to Exe­cute the same: Alwayes provided, provided liberty of review to the nex [...] County Co. any person that finds himself agrieved with any Issue or Judgement that shall pass upon his case, he hath hereby liber­ty to review his Suit to the next County Court in that County, and in every such case Execution shall be respited till the Issue of the case.

And there shall be paid by the Plaintiff two shillings for the Entry of every such case as aforesaid, and two shillings for the Tryal thereof; Fee [...] for entry [...] for Tryal [...] provided records be [...] kept of such issues▪ Provided also that the Assistant or Commissioner, with the Select men, shall keep a true Re­cord of all their proceedings and determinations as aforesaid.

CHILDREN.

FOrasmuch as the good Education of Children is of singular behoof and benefit to any Colony, and whereas many Parents and Masters are too indulgent and negligent of their duty in that kinde;

It is therefore Ordered by the Authority of this Court; Select men to take care that all child [...] be taught to read That the Select-men of every Town in this Jurisdiction, in their several precincts and quarters shall have a vigilant eye over their Brethren and Neighbours, to see that none of them shall suffer so much Barbarisme in any of their Families, as not to en­deavour by themselves, or others, to teach their Children and Apprentices so much learning as may enable them perfectly to reade the English Tongue, and knowledge of the Capital Laws, upon penalty of twenty shillings neglect therein: Also that all Masters of Families do once a week at least, and Catechised Catechise their Children and Servants in the Grounds and Principles of Religion; and if any be unable to do so much, [...] then at the least they procure such Children and Apprentices to learn some short Orthodox Catechisme without book, that they may be able to answer to the Questions that shall be propounded to them out of such Catechisme, by their Parents or Masters, or any of the Select-men, when they shall call them to an accompt of what they have learned in that kinde. And further, Children to be brought up in some calling that all Parents and Masters do breed and bring up their Children and Apprentices in some honest and lawful calling, labour or imploy­ment, profitable for themselves and the Colony; if they will not or cannot train them up in learning to fit them for higher imployments; and if any of the Se­lect-men after Admonition by them given to such Masters of Families, shall finde them still negligent of their duties in the particulars afore-mentioned, unruly chil to be placed out &c whereby Children and Servants grow rude, stubborn, and unruly, the said Se­lect-men, with the help of two Magistrates, shall take such Children and Ap­prentices from them, and place them with some Masters for years, Boyes till [Page 14] they come to twenty one, and Girls eighteen years of age compleat, which will more strictly look unto, Boyes till 2 [...]. y. & Girls 18 years of age and force them to submit unto Government according to the Rules of this Order, if by fair means and former instructions they will not be drawn to it.

Rebellious Children and Servants.

IT is also Ordered by this Court; That whatsoever Childe or Servant within this Colony, Rebellious chil. or Servants to be sent to the house of Correction upon complaint, shall be convicted of any Stubborn or Re­bellious carriage against their Parents or Governours, the Governour or any two Assistants have liberty and power from this Court to commit such person or persons to the House of Correction, there to remain under hand labour and severe punishment, so long as the Court or Assistants shall judge meet.

CYDER.

THis Court being desirous what in them lyeth, to prevent the increase of that great sin of Drunkenness, both amongst the English and Indians;

No Cyder to be sold to the Indi­ans penalty 20. s. a pintDo therefore Order; That if any person in this Colony, shall sell, barter or give, either directly or indirectly any Cyder to Indian or Indians, he or she shall forfeit for each pint twenty shillings, and so proportionably for other quantities, a third part whereof shall be to him that discovers the offence, the rest shall be paid to the County Treasury.

No Cyder to be sold to the En­glish by retail without a license &c. penalty 5. s. a qt.It is also further Ordered by the Authority of this Court; That if any per­son or persons for the future, shall retail any Cyder to the English without a particular licence for the same, and suffer it to be drunk in his house, he shall forfeit five shillings for every quart so sold, and suffered to be drunk in his house, and so proportionable for all greater and lesser quantities, the one half of which fine to be to the complainer, the rest to the County Treasury.

Commons to be cleared.

FOr the incouragement of raising Sheep in the Plantations, &c.

One day in each year the inhabit. to cut brushIt is Ordered by the Authority of this Court, that every Male person in the several Plantations from fourteen years old to seventy fit for labour, that is not a publick Officer, viz. an Assistant, Commissioner, Minister of the Gospel, or Ruling Elder in the Church, Physitians, or School masters, shall work one day in the year, Select-men to [...] appoint the day by themselves or some meet person, sometime in June yearly, in cutting down and clearing the under-wood, and the Select men in the seve­ral Towns are to appoint the dayes for this work, and the places where they shall work in, the High-wayes, or Commons, or other places agreed upon by the Town; penalty And if the Towns-men neglect their duty therein, they shall for­feit for every default five pounds to their Town Treasury, and every person that neglects to attend the aforesaid work the dayes appointed, being warned, shall forfeit five shillings to their Town Treasury for every default.

CONSTABLES.

IT is Ordered by the Authority of this Court; That the Constables in each Town shall be yearly chosen before the first of January, Const. to be cho­sen the 1st of Ja­nuary yearly and sworn to that Of­fice the next Court following or by some Magistrate or Magistrates.

Offenders to be conveyed from Const. to ConstabIt is Ordered by the Authority of this Court; That any person tendred to any Constable of this Jurisdiction by any Constable or other Officer belong­ing to any of our Neighbour Colonies, or by Warrant from any their Authori­ty, such shall presently be received, and conveyed forthwith from Constable to Constable until they shall be brought unto the place to which they are sent, or [Page 15] before some Magistrate of this Jurisdiction, who shall dispose of him or them as the justice of the case shall require, and that all Hue and Cries shall be duely received, and diligently pursued to full effect.

It is also Ordered; constab. where no Magist. is to make Hue & Cries &c. For murtherers &c to apprehend without warrant Drunkards &c That every Constable within our Jurisdiction shall hence­forth have full power to make, sign, and put forth Pursuits, or Hue and Cries after Murtherers, Malefactors, Peace-breakers, Thieves, Robbers, Burglaters and other Capital Offenders where no Magistrate is near hand, also to Appre­hend without Warrant such as are overtaken with Drink, Swearing, Sabbath-breaking, Slighting of the Ordinances, Lying, Vagrant persons, Night-wal­kers, or any others that shall offend in any of these; also to make search for them Apprehend and secure provided they be taken in the manner, either by sight of the Constable or by present information from some other, as also to make search for all such persons either on the Sabbath day or other, when there shall be occasion in all Houses licensed either to sell Beer or Wine, or in any other suspected or disordered places, and those to ap­prehend and keep in safe custody, till opportunity serves to bring them before one of the next Magistrates for further examination; Provided, that when any Constable is imployed by any of the Magistrates for apprehending of any person, he shall not do it without a Warrant in writing; Constables to be assisted and if any person shall refuse to assist any Constable in the execution of his Office, in any of the things before-mentioned, being by him required thereunto, they shall pay for neglect thereof ten shillings to the use of the Country, on penalty of 10. s. to be levyed by War­rant from any Magistrate before whom any such Offender shall be brought, and if it appear that any shall wilfully, obstinately or contemptuously refuse or neglect to assist any Constable as is before expressed, he shall pay to the use of the Country forty shillings: and if any Constable, wilful neglect 40. s or any other upon urgent oc­casion shall refuse to do their best endeavour in raising and prosecuting Hue and Cries by foot, Constables &c neglect to prose­cute hue & cries 40. s penalty and if need be by horse after such as have committed Capital Crimes, they shall forfeit to the use aforesaid, for every such offence forty shil­lings.

It is also Ordered; Constab to make search for offen­ders That all Constables may and shall from time to time duely make search throughout the limits of their Town upon Lords dayes and Lecture dayes in time of exercise, and also at all other times, so oft as they shall see cause, for all such Offenders as shall lye Tipling in any Inne or House of entertainment, or private house excessively or unseasonably; Const. neglecting and if upon due information, any Constable shall refuse or neglect to make search as aforesaid, or shall not to their power perform all other things belonging to their place or office of Constableship, then upon complaint, Penalty 10 [...] ▪ and due proof before any one Assistant or Commissioner within three moneths next after such refusal or neg­lect, they shall be fined for every such offence ten shillings, any one Assist or Commis. to determine such a case the Marshal to levy the fine &c to be levied by the Marshal as in other cases, by Warrant from such Magistrate or Commissioner before whom they are convicted, or Warrant from the Treasurer upon notice from such Magistrate or Commissioner.

It i [...] also Ordered by this Court; Consta: to return their accompts upon demand to the Treasurer That the Constables in the respective Plantations shall at all times, when the Treasurer shall call or require them, de­liver their Accompts to him under their hand or hands, both of what they have received upon the County accompt, and how they have paid it, which accompt shall also be signed and approved by an Assistant or Commissioner if any such inhabit there, if not under the hands of two of the Select-men of that Town▪

It is further Ordered by this Court; That the Constables for the future, in the respective Plantations, shall gather their proportion: or the Country Rate▪ Constab: to make p [...]ym. by the [...] [...]une yearly the [...] Penalty 40 [...] and make payment thereof according to order by the tenth of June in each year, upon penalty of forty shillings fine for every defect herein; And they are also Ordered to make up their Accompts with the Treasurer by the second thursday in October yearly, to make up their accompts by the 2d [...] in O­ctober yearly p [...] ­nalty 40 s &c upon penalty of forty shillings fine for every defect herein; and the Treasurer is hereby Authorized to send forth his Warrant to distrain the Estates of the respective Constables for the payment of such [Page 16] forfeitures as shall be due from them for the breach of this Order.

It is further Ordered by this Court; That the Constables in the several Plan­tations are hereby impowred to charge the Watch and Ward in his Majesties Name (or in the Name of the Authority here established by his Majesty) duely and faithfully to attend their Watch and Ward, Co [...]stables charge to the Watch & Ward by walking or standing in such places where they may best discover danger by the approach of an Enemy, or by Fire, or otherwise, which if they discover, they are to give notice thereof by firing their Guns, and crying Fire, Fire, or Arm, Arm; they are also to command them to examine all such persons as they shall meet within the streets unseasonably, and if they cannot give a good accompt of their occasions, they are to return them to the Constable, who shall secure them to be conveyed be­fore some Assistant or Commissioner to give an accompt of their unseasonable­ness.

[...] to have the power of Water-bayliesIt is also Ordered by this Court; That the Constables in the several Plan­tations, shall have the power of Water Baylies in their respective Plantations where there is occasion for the same.

Conveyance fraudulent.

Fraudulent Con­veyances invalidIT is Ordered by the Authority of this Court, That all deceitful or fraudu­lent Alienations or Conveyances of Lands, Tenements, or any Heredita­ments, shall be of no validity to defeat any man from due Debts or Legacies, or from any just Title, Claim or Possession of that which is so fraudulently conveyed; And any Deed, Promise &c ob­tained by illegal violence and that no Conveyance, Deed or Promise whatsoever, shall be of validity▪ if it be gotten by illegal violence, imprisonment, threatning, or any kinde of forcible compulsion.

Counties stated.

The Bounds of Hartford CountyTHis Court Orders; that the Towns on the River of Conecticut from the North bounds of Windsor (with Farmington and Simsbury) to the South bounds of Haddum, shall be, and remain to be one County, which shall be called the County of Hartford.

the bounds of New-London CountyThis Court Orders; That from the East part of Stonington bounds (with Norwich) to the West bounds of Kelinworth Plantation; shall be and remain one County, which shall be called the County of New-London.

the bounds of New-haven CountyThis Court Orders; That from the East bounds of Gilford to the West bounds of Milford (with Wallingford) shall be, and remain one County, which shall be called the Counth of New-Haven.

the [...]ounds of Fairfield CountyThis Court Orders; That from the East bounds of Stratford, to the West bounds of Rye, shall be, and remain one County, which shall be called the County of Fairfield.

County Priviledges.

IT is Ordered by the Authority of this Court; That no person who is setled in any of the Counties in this Colony, No setled Inha­bitant to be summoned in one county to answer to a [...] action in an other county &c shall be requirable by vertue of a [...]um­mons served on him in that County where he lives, to Answer a Case in another County Court; And if the Plaintiff and Defendant live in the same County, the Tryal of the case betwixt such persons shall be first in the County where they both live, except by mutual consent they agree otherwise; And in such case where the Plaintiffe and Defendant do not live in the same County, it shall be in the power of the Plaintiffe to begin his Action or Suit in which County Court he pleaseth; Provided, he serves his Process in that County where his case shall first be heard.

COVRTS.

IT is Ordered by the Authority of this Court; That there shall be yearly two General Courts or Assemblies, the one the second thursday in May, Two Gen. Courts annually to be held in Hartford the other the second thursday in October, both which shall be holden at Hartford at all times, unless it be upon occasion of Epidemical diseases, Sickness or the like: the first shall be called the Court of Election, The 1st. the 2d thursday in May to be called the Court of [...]lection &c wherein shall be chosen from time to time yearly, one Governour, one Deputy Governour, and twelve As­sistants, with a Treasurer and Secretary for this Colony, and two Commission­ers for the United Colonies.

Which said General Courts shall consist of the Governour, the number and who are to con­stitute a General Court or Deputy Go­vernour and six Assistants at the least, with those of the Deputies from the se­veral Plantations in this Colony, that shall be present & attend the said Courts. In which General Court shall consist the power of this Colony or Corporation, and they only shall have power to make Laws and Repeal them, to grant Le­vies, to admit of Freemen, to dispose of Land undisposed of to particular Towns or persons. the power of the General Court And also shall have power to set up such Officers and Ju­dicatories as they shall see necessary for the good G [...]vernment of the People of this Colony; And also shall have power to call either Court or Magistrate, Particulari [...]ed o [...] any other person whatsoever to an accompt for any Misdemeanour or male Administration, and may for just cause displace them, or deal otherwise, as the nature of the case shall require; and also may deal in any other matter that concerns the good of this Colony, except the Election of Governour, [...]estrained Depu­ty Governour, Assistants, Treasurer and Secretary, which shall be done by the Freemen at the yearly Court of Election; Provided, if there be want of Assi­stants by reason of Death or otherwise, after the Election, such▪ want shall or may be supplied and made up by the General Courts Election or appointing some suitable person or persons to supply such want according to Charter.

It is further Ordered; General C [...]urt [...] power to pardon Malefactors That the said General Court shall only have power upon good grounds to them satisfying to grant Suspention, Release and Jayl-delivery, upon Reprieve in Criminal and Capital cases unto any person or persons, that have been sentenced in any other Court whatsoever; any thing in any Law to the contrary notwithstanding.

It is also Ordered; Gen. Court not [...]o be dissolved or adjourned w [...]h [...]ou [...] consent &c That any of our General Courts shall not be dissolved or proroged without the consent of the major part thereof.

It is also Ordered by this Court; That the Governour, or in his absence the Deputy Governour, shall by themselves or the Secretary, Gov: or Dep. Gov by themselves or Secret. to call the Gen. Cou. &c send out their Sum­mons for the two standing General Courts, one Moneth at least before their se­veral Sessions, also upon any special and imergent occasion the Governour or Deputy Governour, with the advice of one or more of the Assistants may call a General Court upon fourteen dayes warning, or less if they see occasion, they giving an accompt thereof to the Assembly when they shall be met together.

For the furtherance of the Administration of Iustice, it is necessary that the Times and Places where it shall be dispensed may be publickly known;

It is therefore Ordered, and by this Court Declared; That there shall be two Courts of Assistants yearly held at Hartford, Two Courts of Assistants by the Governour or De­puty Governour and six of the Assistants at the least; the first on the last tues­day in May, the second on the first thursday in October. the 1st. in May 2d in October Which said Courts shall have power to hear and determine by a Jury of twelve men, or otherwise according to Law all such Appeals as shall be brought before them from any of our County Courts, both of Civil and Criminal Cases, The Court of Assist: power to hear all Appeals & capitals, &c and also all Tryals for Life, [...]imb, Banishment and Divorce.

It is also Ordered; That it shall be in the power of the Court of Assistants, their power to adjourn Govern: or [...] power to call a special Court of Assistan [...] upon necessary occasion to adjourn the said Court.

It is further Ordered; That the Governour or Deputy Governour have here­by power granted them to call a special Court of Assistants upon any extraordi­nary occasion.

[Page 18] Hartford [...]ounty Courts are in the 1st thursday of March, 1st thurs­day of Septemb:It is also Ordered by the Authority of this Court; That there shall be two County Courts yearly held in Hartford, the one the first thursday in March, the other the first thursday in September, by any three or more of the Assistants, to hear and determine by a Jury, or otherwise according to Law all Causes civil and criminal, not extending to Life, Limb or Banishment; the Juries for this Court to be summoned out of the neighbour Towns, and the Marshal to give his attendance there.

New haven county courts arch [...]d on the 2d wed­nesday in June & 2d wednesday in NovemberIt is likewise Ordered; That there shall be two County Courts annually held in New Haven, the first, the second Wednesday in June, the other the se­cond Wednesday in November, to hear and determine by a Jury, or otherwise according to Law, all Causes civil and Criminal, not extending to Life, Limb, or Banishment, the Juries for this Court to be summoned out of the Neigh­bour Towns.

It is further Ordered; That there shall be two County Courts yearly held in New London, New London county Courts are held on the 1st tuesday in [...]une & 3d tues­day in Septemb the one, the first tuesday in June, the other the third tuesday in September, to hear and determine by a Jury, or otherwise according to Law, all Causes civil and c [...]iminal not extending to Life, Limb or Banishment, the Juries for this Court to be summoned out of the several Plantations in the County.

Fairfield County Co. are held on the 2d. tuesday in March & 1st tuesday in No­vemberIt is also Ordered; That there shall be two County Courts yearly held in Fairfield, the second tuesday in March, and the first tuesday in November to hear and determine by a Jury, or otherwise according to Law, all Causes civil and criminal not extending to Life, Limb or Banishment, the Juries for this Court to be summoned out of the several Plantations of that County.

In each Court to be 3 JudgesIt is Ordered; That every County Court shall consist of three Assistants, and where there are not so many Assistants, one Assistant and two Commissioners at least to be Judges of every such [...].

It is also Ordered; That the Moderator of the County Court (who is here­by declared to be the most ancient Assistant present in such Courts) with the consent of the rest of the Judges, County Co. may be adjournd up­on necessary oc­casion upon any necessary occasion, may adjourn the said County Courts as they see cause.

[...]pecial County Co. may be called upon extraordi­nary occasionIt is further Ordered; That the Assistants in their respective Counties, may call a special County Court in their Counties upon extraordinare occasion, pro­vided no charge arise thereby to the County.

County Co to appoint their Cler. Treas & Marshal for their CountyIt is also Ordered; That the County Courts in the respective Counties, have hereby liberty and power granted them to nominate and appoint their own Clerks, and a Treasurer and Marshal for their County.

It is further Ordered; That the Clerks of the several County Courts in this Colony shall have full power, County Co. Cler. power to grant summons and at­tachments and executions and are hereby fully impowred to grant Attach­ments and Summons according to Law, as also to grant Execution upon Judge­ments granted in the said County Courts, except in cases of Review, and when Appeals be entred in any of the said Courts for tryal at the Court of Assistants.

It is Ordered by this Court; That whatsoever Member of the General Court, shall reveal any secret, which the Court enjoyns to be kept secret, or shall make known to any person what any one Member of the Court speaks concerning any person or business that may come in agitation in the Court, Court secrets not to be revealed penalty 10 li he shall for eve­ry such offence forfeit ten pounds to the publick Treasury; And the Secretary is hereby appointed as the beginning of every Session of the General Court to reade this Order.

CRVELTY.

IT is Ordered by the Authority of this Court; That no man shall exercise any Cruelty towards any Bruit Creature, Cruelty to be punished &c which are usually kept for the use of man, upon pain of such punishment as in the judgement of the Court the na­ture of the offence shall deserve.

Damages Pretended.

IT is Ordered by the Authority of this Court, Damage preten­ded That no man in any Suit or Action against another, shall falsly pretend great Damages, or Debts to vex his Adversary; and if it shall appear any doth so, the Court shall have Power to set a suitable Fine on him.

Death Vntimely.

IT is Ordered by the Authority of this Court, Death untimely to be inquired in to by a Jury &c That whensoever any Person shall come to any very suddain, untimely or un-natural Death; The next Ma­gistrate, or the Constable of that Town shall forthwith Summon a Jury of Twelve discreet men, to enquire of the Cause and manner of his Death; who shall present a true Verdict thereof unto some near Magistrate upon their [...]

Delinquents.

IT is Ordered by the Authority of this Court, Delnquents to bear their own charge & to the prison keeper 6 s 8 d That all persons hereafter Com­mitted upon Delinquency, shall bear the Charges the Country shall be at in the Prosecution of them, and shall pay to the Master of the Prison, or house of Correction, six shillings eight pence, before he be freed there from.

IT is also Ordered, That what person or persons soever, Delinquents to have no advo­cates shall take that bold­ness to him or themselves, to Plead in the behalfe of any person that is upon Examination or Tryal for Delinquency (except he speak directly to matter of Law, and with Leave from Authority present) he shall pay ten shil­lings to the Publick Treasury as a Fine, or fit in the Stocks one hour, for every such offence.

THis Court takeing notice of the Insolent and Contemptuous carriages of some Delinquents, when they [...] called to make answer for their Delin­quency before Authority; which willing to prevent, Do Order,

And it is hereby Ordered by this Court, Disorderly delinquents upon ex­amination That the several Officers and Ministers of Justice in this Colony, upon their examination or tryall of any person or persons brought before them for Delinquency, if any such persons shall in their words or actions carry contemptuously or disorderly, to be punished by imprisonment it shall be in the Power of the aforesaid ministers of Justice to inflict such pu­nishment upon them as they shall judge most suitable to the nature of their Offence. Provided, that no particular Minister of Justice shall inflict any other punishment upon such person or persons then Imprisonment, binding to good behaviour [...]tocks or fine not exce [...] ding 30 s binding them to the Peace or good Behaviour, till the next County Court in that County, Committing them to the Stocks, there to sit not above two houres or a fine not exceeding thirty shillings.

Debts, Book-debts when to determine. &c.

IT is by this Court Ordered, that all such Debts as are now standing out, or that hereafter shall be made, Book debts to be accompted for within 3 years after made &c or else not pleadable after the time specified in the order and that shall not within three yeares after the first of Iune 1673. Or within three yeares after such Debt as here­after shall be made, be accounted for, or Ballanced with the originall debtor or his Attourney, Agent, Assigne, or other Lawfull Successor or Substitute, and an account or ballance thereof, assured by Specialty given for it, or witnes­sed by subscribing the Debtor or other Accomptants name to the Creditors Book, or the Subscription of the Witnesses to such Accompt, shall not be pleadable in any Court, unless such Book debt shall within the time before li­mited be prosecuted or proved in such Court as hath proper cognizance there­of [Page 20] by competent evidence approved by the Court, and the evidence there Re­corded, and the Record thereof shall secure the Creditor, his Executors, Ad­ministrators and Assigns, unless the Debtor or his Assign shall disapprove the same within one year after such proof made or recovery of the said Debt: If such Debtor, his or her Agent, Attourny, Assign, Substitute, Executor Admi­nistrator, or other lawful Successor, be or shall be within this Jurisdiction, o [...] elsewhere, and have due notice from the Creditor thereof.

Deputies for the General Court

[...]IT is Ordered by the Authority of this Court; That every Town in this Co­lony shall have liberty to send one or two Deputies to every Session of the General Court, which Deputies shall alwayes be chosen by the Freemen of the several Plantations. [...]eputies to have the full power & [...] of the free [...] in all things [...] &c And that such persons as shall be hereafter so deputed by the Freemen of their Plantations to deal in their behalf in the publick affairs of the Colony, shall have the full power and voices of all the said Freemen depu­ted to them for the making and establishing of Laws, and Repealing them, Granting of Lands, and Levies, and all other the affairs of this Colony in the General Assembly wherein Freemen have to do, the Election of Assistants and other publick Officers only excepted, at the usual time of Election, wherein every Freeman is to give his own voice.

It is also Ordered; That when the Deputies of the General Court are met together before, Deputies power [...] about their Election or at any General Court, it shall be lawful for them, or the major part of them present, to examine, hear and determine any difference that may arise about the Election of any of their Members.

It is further hereby Declared; That the Deputies of the several Plantations before they proceed to Judgement in any case, civil or criminal, shall take this following Oath;

I do Swear by the most Great and Dreadful Name of the Ever-living God, that in all cases wherein I am to deliver my Vote or Sentence against any Criminal Offence, Deputies to take this Oath &c or between Parties in any civil Case, I will deal uprightly and justly ac­cording to my best Judgement, without respect of Persons, and I will according to my skill and ability assist in all other publick affairs of this Court faithfully and truely according to the duty of my place, when I shall be present to attend the same.

The Deputies of the Gen Co to be Freemen, & cho­sen by the Free­menIt is also Ordered; That no person shall be accepted a Deputy in the General Court that is not (known to be a Freeman of this Corporation, and) orderly chosen thereunto by the Freemen of that Plantation for whom he serves.

Deputi [...] allow to be continuedIt is further Ordered; That the allowance by this Court formerly granted to the Deputies, both from the Country, and the Plantations for whom they serve shall still be continued, till this Court order otherwise.

Deputies depart­ing the Co with­out [...] to forfeit their al­lowance g [...]anted them from the CountryIt is also Ordered; That if any of the Deputies of the General Court, shall totally depart without leave from the General Court, before the Court be issued, he or they that shall so do, shall forfeit that allowance that the Country allows for the defraying his charge of attendance in the Court.

Distilling Corn and Malt.

[...] and Malt [...] to be disti [...]ld [...]ithout license [...] Court to [...] LicenseIT is Ordered by the Authority of this Court; That no Corn or Malt what ever shall be distilled into Liquors in any Plantation or Peculiar in this Colony without a particular license for the same from the County Court of that County where the Distiller lives.

DISTRESSE.

IT is Ordered by the Authority of this Court; That no Mans Corn or Hay that is in the field, or upon the Cart, nor his Garden stuffe, nor any other [Page 21] thing subject to present decay shall be taken in any Distress, unless he that takes it doth presently bestow it where it may not be imbezeled, nor suffer spoil or decay, or give security to satisfie the worth thereof if it comes to any harm.

DOWRIES.

THat there may be some Provision made for the certain maintenance of Wi­dows after the decease of their Husbands;

It is Ordered by the Authority of this Court; That every Married Woman (living with her Husband in this Colony, o [...] other where absent from him with his consent, or through his meer default, or inevitable providence, widows to have the thirds of the real estate of their husbands during life or in case of Divorce, where she is the innocent party) that shall not before Marriage be Estated by way of joynture in some Houses Lands, Tenements or other Here­ditaments for term of her life, shall immediately after the death of her Husband have right and interest by way of dower in and to one third part of the real e­state of her said husband that he stood of at the time of his decease in Houses and Lands, to be to her only during her natural life: widows to keep houses & fences to leave them in sufficient [...]epai [...] that are laid out for their thirds And that every such Widow so endowed as aforesaid, shall maintain all such Houses, Fences and Inclosures as shall be assigned her for her Dowry, Rest of estate to be disposed ac­cording to will and shall leave the same in good and sufficient reparation; the remainder of the Estate to be disposed according to the Will of the deceased, or in defect thereof according to the distribution the Court shall make thereof.

Drunkenness.

IT is Ordered by the Authority of this Court; That if any person be found Drunk in any private Family or House, Drunkenness in private houses penalty 20. s and the owner of the house to pay 10 he shall forfeit twenty shillings to the publick Treasury, and the Owner of the house where [...] found and proved to be made drank, shall pay ten shillings to the publick Treasury.

ECCLESIASTICAL.

IT is Ordered by the Authority of this Court; Embodying into Church estate to be with consent of Gen. Court &c neighbour chur­ches That no persons within this Colony shall in any wise imbody themselves into Church Estate without con­sent of the General Court [...] and approbation of Neighbour Churches.

It is also Ordered by this Court; That there shall be no Ministry or Church Administration entertained or attended by the Inhabitants of any Plantation in this Colony distinct and separate from, what ministry [...] church admini­stration is appro [...]ved &c and in opposition to that which is openly and publickly observed and dispensed by the approved Minister of the place, except it be by approbation of this Court and Neighbour Churches, upon penalty of the forfeiture of five pounds for every breach of this Order; Provided also, Proviso that this Order shall not hinder any private meetings o [...] godly persons, to attend any duties that Christianity and Religion calls for, as Fasts, and Consciences, &c. nor take place upon any that are hindred by just impedi­ments on the Sabbath from the publick Assembly by weather or water.

This Court having seriously considered the great Divisions that arise amongst us about matters of Church Government, for the Honour of God, welfare of the Churches, and preservation of the publick peace so greatly hazarded;

Do Declare; That whereas the Congregational Churches in these parts for the general of their Profession and practise have hitherto been approved▪ A Congregation [...]al way approved we can do no less then approve & countenance the same to be without disturbance until better [...]ight in an orderly way doth appear. But yet forasmuch as sun­dry persons of worth for prudence and piety amongst us are otherwise per­swaded (whose welfare and peaceable satisfaction we desire to accomodate) This Court doth Declare; That all such persons, with liberty to those of different perswasion &c being so approved according to Law, as Orthodox and Sound in the Fundamentals of Christian Religion, may have allowance in their perswasion and Profession in Church wayes or Assemblies without disturbance.

[Page 22] Forasmuch as the open Contempt of Gods Word and Messengers thereof is the desolating sin of Civil States and Churches, and the Preaching of the Word by those whom God doth send is the chief ordinary means ordained by God for the converting, edifying and saving the Souls of the Elect, through the Presence and power of the Holy Ghost thereunto promised, and that the Ministry of the Word it set up by God in his Churches for those holy ends, and according to the respect or contempt of the same, and of those whom God hath set apart for his own work and imployment, the Weal or Woe of all Christian states is much furthered and pro­moted;

Contemptuous behaviourIt is therefore Ordered by the Authority of this Court, That if any Christian so called, within this Colony, shall Contemptuously behave himself towards the Word preached, o [...] the messengers thereof, called to Dispense the same in any Congregation, when he doth Faithfully execute his service and Office therein according to the Will and Word of God; penalty either by Interrupt­ing him in his Preaching, or by charging him falsly with an Errour, which he hath not taught, 1st offence to be reproved and bound to good beaviour in the open face of the Church; or like a Son of Korah cast upon his true Doctrine o [...] himself, any reproach to the dishonour of the Lord Jesu [...] who hath sent him, and to the disparagement of that his holy Ordinance and mal [...]ing Gods wayes contemptible and rediculous: That every such person or persons (whatsoever Censure the Church may pass) shall for the first scan­dall be convented and reproved openly by the Magistrate in some publick As­sembly, 2d offence 5 li. and bound to their good behaviour. And if a Second time they break forth into the like contemptuous carriages, they shall either pay five pounds to the publick, or stand two hours openly upon a block or stool four foot high upon a publick meeting day, or stand upon a black a [...] some publick meeting with a paper fixed on his Breast written with Capital Letters, AN OPEN AND OBSTINATE CONTEMNER OF GODS HOLY ORDINANCES, that others may fear and be ashamed of breaking out into the like wickedness.

The word prea­ched to be attended &cIt is further Ordered; That wheresoever the Ministry of the Word is esta­blished according to the order of the Gospel throughout this Colony, every person shall duely resort and attend thereunto respectively upon the Lords day, and upon such publick Fast dayes, and dayes of thanksgiving as are to be ge­nerally kept by the appointment of Authority. And if any person within this Jurisdiction, Penalty 5. s. provided it be prosecuted with­in one month shall without just and necessary cause, withdraw himself from hearing the publick Ministry of the Word, after due means of conviction used, he shall forfeit for his absence from every such meeting five shillings; all such offences to be heard and determined by any one Magistrate or more from time to time; provided all breaches of this Law be complained of, and prosecuted to effect within one moneth after the same.

Forasmuch as the peace and prosperity of the Churches, and the Members there­of, the civil power to see the peace and ordinances of Christ be ob­served No Church cen­sure to degrade of civil dignity as well as civil Rights and Liberties are carefully to be maintained:

It is Ordered by this Court; That the Civil Authority here established hath power and liberty to see the Peace, Ordinances and Rules of Christ be obser­ved in every Church according to his Word; as also to deal with any Church-member in a way of civil justice notwithstanding any Church-relation, Office or Interest, so it be done in a Civil and not in an Ecclesiastical way, nor shall any Church censure degrade or depose any man from any civil Dignity, Office or Authority he shall have in the Colony.

ELECTIONS.

THis Court being sensible of the great charge, difficulty and expense of time the Freemen of this Colony have been at in their personal attendance the Election at Hartford, and considering the many inconveniencies that otherwise may arise upon the yearly day of Election, and that the work of that day may be the more orderly, easily and speedily issued;

Do Order; That henceforth all the Freemen of this Colony, without any [Page 23] other summons from year to year shall or may upon the second thursday in May yearly, The Freemen in person [...] proxy to [...]ttend the Elect [...]o [...] [...]ver &c the 2d. thursday in may annually either in Person or Proxy at Hartford attend and consummate the Election of Governour, Deputy Governour, and Assistants, and such other publick Officers, as shall be appointed them to be chosen.

[...] the E [...]ection by Proxies may be so managed that there be no fraud or de­ceit used therein;

It is Ordered by the Authority of this Court; the Secr. to send forth the names of all th [...]se nominated for elect. That the Secretary for the time being, shall with the Orders of October Court yearly, send a Copy of the names of all those who by the said General Court in Octob [...]r, shall be appointed to stand in Nomination for Election the May following, which the Consta­bles in eac [...] Town shall publish to the Freemen; Const [...]b. to [...]ar [...] all the Freemen to meet and to read the La [...] And all the Freemen in the respective Towns shall be warned by the Constable or one deputed by him, to meet where he shall appoint upon the last tuesday in March or April annual­ly, where they shall have read to them the Freemans Oath, and a Law which puts a penalty upon disorderly Voting, and the names of those appointed to stand for Nom [...]nation, out of which number the Freemen may bring in to the said Constable the name of him who they would have for Governour for t [...]e year ensuing fairly written upon a piece of paper, which the said Constable shall receive, and in the presence of the F [...]eemen, Votes for the [...] vernour sealed up &c put them up in a piece of Paper and seal them up, and write upon the ou [...]side of the paper the name of the Town, and these Words, the Votes for the Governour: In like manner they shall bring in their Votes for the Deputy Governour, Treasurer and Secretary, Deputy Govern Treas & Sec [...] which shall be received sealed up and writ upon as aforesaid what they are: They shall likewise bring in their Votes for all those that are Nominated to stand for Election, which Votes shall be a Paper with some writing, for Ele­ction, and a white paper with no writing on it for a Blanck, papers with some writing on the [...] votes, [...] p [...]pers blanks and they shall be­gin with him that first stands in the Nomination, and bring in their Votes for him, which shall be received sealed up, and written upon as aforesaid, and so they shall proceed till they have past thorow the whole Nomination, all that ar [...] no­minated [...] and the Constables that receives the Votes, and seals them up as aforesaid, shall by himself or one of the Deputies of the Court, convey the said Proxi [...]s to Hart­ford, and deliver them at the Election, as t [...]ey shall be appointed to them who are ordered to receive and sort the said Votes. And at the time of Election, those that stand for Nomination shall be put to Election in the same order they are propounded, until the number required by Charter are Elected, Assistants to be [...]lected in the same order [...] stand nominated [...] names of [...]he voters to be sent with the proxies and then they shall cease And the Constable of each Town shall take an accompt of the names of all those that shall vote in their several Plantations, and send them with their Proxies.

ES [...]EATS.

IT is Ordered by the Authority of this Court; where no heir is estates to be se­cured to the publick Treasury That where no Heir or Owner of Houses, Lands, Tenements, Goods or Chattels can be found, they shall be secured to the publick Treasury till such Heir [...] or Owners shall make due claim thereunto, unto whom they shall be restored upon just and reasonable [...].

English not to live with Indians.

TO prevent any of our people going from us and taking up their abode in a prophane course amongst the Indian Natives of this Country;

It is Ordered by the Authority of this Court; No English to live with Indians That whatsoever person or persons that now inhabits, or shall hereafter inhabit within this Jurisdiction, Penalty shall depart from us and settle or joyn with the Indians, they shall suffer one years Imprisonment at the least in the House of Correction.

EXECVTIONS.

WHereas by reason of the great scarcity of Money, Executions being ta­ken of several persons Goods that have been sold at very cheap rates to the extream damage of the Debtor;

[Page 24]It is therefore Ordered by the Authority of this Court; That after publi­cation hereof, How persons are to be chosen that are to be appri­zers whatsoever Execution shall be granted for any Debts after Judgement, the Creditor shall make choice of one party, the Debtor of a se­cond, and the Officer of a third, who shall prize the Goods so taken upon exe­cution, All apprizers to be upon Oath which the Officer shall deliver to the Creditor; this course to be taken except in such cases where the Court doth appoint Apprizers, and all Appri­zers shall be upon their Oath.

Execution upon Delinquents.

IT is Ordered by the Authority of this Court; That the Constable or Mar­shal, Who have power to cal forth meet persons to do execution upon de­linquents by Order from the Governour or Deputy Gouernour, or any of the Assistants, shall have liberty and power to call forth any meet person to do exe­cution upon any person or persons by whipping or otherwise, who shall have some allowance for the same from the Delinquent, as the Magistrate shall de­termine.

FARMS.

IT is Ordered by this Court; That those who live in several companies, in Farms [...]emote from the Towns, Farms remote have liberty to keep [...] from training e­very training day they shall have liberty to keep one in each quarter at home upon every Training day, who is of age to bear Arms; Pro­vided one man (where more then one man is) shall keep home but one Train­ing day, before the rest of that place have taken their turns; and also those that shall so stay, Proviso shall keep and maintain sufficient Arms for themselves according to Law: And where any one Farm is six miles distant from any Town, in eve­ry such Farm one in like manner may remain at home for the safety of the place.

FENCES.

All particular in­closures to be sufficiently fen­ced or else da­mage not to be recovered ProvisoIT is Ordered by the Authority of this Court; That all the Inhabitants of this Jurisdiction, shall make and maintain sufficient Fence or Fences to secure their particular fields and Inclosures against all sorts of Cattle (unruly Cattle only excepted) and whatever damage is done by Cattle through the insuffi­ciency of Fence in such Inclosures (except before excepted) it shall not be recoverable by Law.

For the prevention of differences that may arise in making or setting down of Fences, as well in Meadows a [...] Vpland:

The liberty of [...] that Fence in setting down their fences in meadows and uplandsIt is Ordered by this Court; That in the setting of Posts and Rails in the Meadows and Homelots, there shall be a liberty of either party of twelve Inches from the dividend line for breaking of the ground to set the Posts on, and for the laying on of the Hedge, but the Stakes and Posts are to be set in the dividend line, and in upland there is a liberty of four foot alowed for a Ditch from the dividend line for either of the bordering parties where the propor­tion of Fences belongs to them.

Fence viewers.

IN regard it is found by experience, that there is a necessity that meet persons be appointed to view Common-Fences, &c.

It is therefore Ordered by this Court; That in each Town in this Colony, there shall be yearly chosen two men, Fence viewers to be annually cho­sen and sworn who shall be sworn to a due Execution of that work aforesaid, who are hereby impowred to fine neglects in making or repairing Fences according to the nature of the defects, and to levy the the fines, and to deliver it to the Towns [...]men for the use of the Town; and if [Page 25] any person chosen to this work shall refuse or neglect to attend the same, he shall forfeit twenty shillings to the Town Treasury where he inhabits, the penalty of refusing to ac­cept the office 20. s unless he can make it appear that he is oppressed by his choice, and that others are un­justly exempted.

FERRIES.

IT is Ordered by this Court; Magist. & Depot Ferry free That the Magistrates at all times (and such as are or from time to time shall be Deputies of the General Court while they are upon the Countries occasions) themselves and necessary attendance, viz. a Man and a Horse, shall be passage free in all Ferries throughout this Colony.

FINES.

IT is Ordered by the Authority of this Court; fines to be paid in currant pay That all fines and penalties put upon any for Misdemeanour and breach of Law, shall be paid in good and currant pay, viz. Wheat, Peas and Indian Corn, a third of each, or Pork, or in that which is equivolent thereunto, to be sold at an Out-cry to procure such pay.

It is also Enacted by this Court; That the estraits for the levying of fines▪ Fines to be levi­ed once a year (both such as belong to the Colony, and such as belong to the several Counties) shall be at least once a year sent forth, and that in each County, the County Marshal be appointed to levy and receive the same for the said Counties use, as the Country Marshal doth for the Colony.

It is also Ordered by the Authority of this Court; That all that is due for Actions to the publick Treasury, together with all such fines as shall be impo­sed upon persons for delinquency according to Law by the respective County Court (not disposed by Law to perticular persons) together with what shall be raised by the Impost laid upon Wine and Liquors, and Strayes, Fines, Imposts & Strayes to defray Coun. co-charges or otherwise to be disposed for best advantage shall belong to the County Courts to defray their charge, and what remains shall otherwise be disposed by the said Courts for the best advantage of their Counties.

FIRE.

IT is Ordered by the Authority of this Court; That whosoever shall kindle any fire in Woods or Grounds lying in Common or Inclosed, so as the same shall run into such Common Grounds or Inclosures before the first of March, Fire not to be set in woods &c be­fore the 1st of march nor after the last of May or after the last of May, or on the last day of the week, or on the Lords day, shall pay all damages as come thereby, and half so much for a fine; and if he be not able to pay a fine then to be corporally punished by warrant from one Magistrate or more, as the offence shall deserve, not exceeding twenty stripes for one offence; Provided any man may kindle fire upon his own ground at any time so as no damage come thereby, proviso for witting [...] burning of hewn or sawn Timber &c double damages either to the Country or any perticu­lar persons. And whosoever shall wittingly and willingly burn or destroy any Frame, Timber, Hewn, Sawn or Riven heaps of Wood, Charcoal, Corn, Hay, Straw, Hemp, Flax, Fence, Pitch or Tar, or any other Estate, he shall pay dou­ble damages.

FORGERY.

IT is Ordered by this Court and the Authority thereof; Forgery to b [...] punished by the p [...]lory & paying double damages to the wronged party That if any person shall Forge any Deed or Conveyance, Testament, Bond, Bill, Release Acquittance, Letter of Attorney, or any other writing to prevent Equity and Ju­stice, he shall stand in the Pillory three several Lecture dayes or publick meet­ings, and render double damages to the parties or party wronged thereby, and also be disenabled to give any evidence or verdict in any Court, or before any Magistrate.

FORNICATION.

Fornication how to be punishedIT is Ordered by the Authority of this Court; That if any man shall com­mit Fornication with any single Woman, they shall be punished, either by enjoyning to Marriage, or fine, or Corporal punishment, or all, or any of these, as the Court or Magistrates shall judge most agreeable to the Word of God.

Forreigners not to Trade with Indians.

WHereas the French and Dutch do ordinarily Trade Guns, Powder and Shot with the Natives, to our great prejudice, and to the strengthening and animating of them against us, as by dayly experience we finde; and whereas the aforesaid French and Dutch do prohibit us all Trade with the Indians within their respective Jurisdict [...]ons under penalty of Confiscation:

It is therefore Ordered by this Court; That after publication hereof, it shall not be lawful for any Fren [...]hman, No Forreigners to trade with a­ny Indian in this Jurisdiction Dutchman, or person of any other for­reign Nation, or English living among them, or under the Government of them, or any of them to Trade with any Indian or Indians within the limits of this Colony, penalty confisca­tion either directly or indirectly, by themselves or others, under pe­nalty of confiscation of all such Goods and Vessels as shall be found so Traded, or the due value thereof, upon just proofs made of any Goods or any Vessel so Trading or Traded; and it shall be lawful for any person or persons Inhabiting within this Jurisdiction, to make seizure of any such Goods or Vessels Trading with the Indians as by this Law is prohibited, [...] the one half whereof shall be to the proper use and benefit of the party seizing and the other to the publick.

FREEMEN.

Freemens certifi­catesIT is Ordered by the Authority of this Court; That for the future, such as shall desire to be admitted Freemen of this Corporation shall present them­selves with a certificate under the hands of the major part of the Select-men where they dwell, Qualifications that they are persons of an honest, peaceable and civil con­versation, according to what is willed by our Royal Soveraign, and that they have accomplished the age of twenty one years, and have twenty pound Estate in Housing or Land, [...]ceptation beside their personal Estate in the common List, and that such person so qualified to the Courts approbation shall be presented one Ge­neral Court, and admitted the following Court.

It is also Ordered; That in case any Freeman shall walk scandalously or commit any scandalous offence, Scandalous Free­men may be dis­franchized and upon good behaviour resto­red to their freedome it shall be in the power of any of our Courts of Assistants to Disfranchize such Freemen, who shall stand Disfranchized till by his good behaviour the Court of Assistants shall see cause to restore him to his Freedome again.

It is also further Ordered by this Court; That such persons as are approved to be Freemen of this Colony, they shall take the Oath that is already establi­shed upon Record to be administred to the respective Freemen; And further, that all such persons as shall refuse to take the said Oath, All Freemen to take the freemens Oath though otherwise they are approved persons, yet they shall not partake of the priviledges of the Free­men of this Colony until the said Oath be administred to them.

GAMING.

UPon complaint of great disorder by the use of the Game called Shuffle board, in Houses of Common-entertainment, whereby much precious time is spent unfruitfully, and much waste of Wine and Beer occasioned;

Shuffle board prohibitedIt is therefore Ordered by the Authority of this Court; That no person shall henceforth use the said Game of Shuffle-board, or any other Game in any such House, nor in any other House used as common for such purpose, upon [Page 27] the penalty for every keeper of such house to forfeit for every such Offence twenty shillings, Pen [...]lty and for every person playing at the said Game in any such house, to forfeit for every such offence five shillings.

Whereas the Court hath not so fully as may be needful Declared what Games they disapprove and proh [...]bit the use of:

This Court do therefore now Order; Cards, Di [...]e and Tables not to [...] played [...] That if any person or persons in this Colony of what rank or quality soever, shall after the publication of this order, play at Cards, Dice or Tables, the persons playing, or that shall play more or less at any of the aforesaid Games, penal [...]y 20. s. shall pay for every offence twenty shillings a piece to the publick Treasury, and the head of that Family where any such Game is used, with his privity or consent, a third to the Informer shall pay in like manner twenty shil­lings for each time any such Game is played in his house, one third part of the fine shall be to the party or parties that discover the offence, the remainder to the Treasury.

Gates, and Bars, and Fences.

WHereas it is found by experience, that some there are who are injurious to their Neighbours, by throwing down the Fences and Bars, and leaving o­pen the Gates of Corn fields and Meadows, whereby much damage doth or may acc [...]ue to the Proprietors of such field [...] or meadows, For [...]he prevention whereof:

It is Ordered by the Authority of this Court; persons leaving open Gates, bars f [...]nces of com [...]mon fields pen­alty 10 s. 5 s. to Informer Any one Assist. or Commis. to hear, and issue any such case That whosoever shall throw down, or leave open any Gate, Bars or Fences of any Corn-field or Meadow, he shall pay as a fine for every such default ten shillings, five shillings to the per­son complaining and proving the same, the rest to the Proprietors of the said Fields, and answer all damages that shall come thereby, any one Assistant or Commissioner to hear and determine any such case.

Grand jury.

IT is Ordered by the Authority of this Court; That the Clerks of the several County Courts, shall by their Warrant require one or more honest, able, Grand-jury men to be summoned and sworn and judicious man or men of every Plantation in their County, to appear at their County Court to serve on the Grand jury, who are by the said Court (or by one of the Assistants or Commissioners as the Court shall appoint) be sworn to a faithful attendance on that work of making presentment of such breaches of Law or other Misdemeanours as shall come to their cognizance; [...]f they appear not &c and if any Grand-jury-men so warned, shall neglect to appear according to warrant, or re­fuse to take his Oath, he shall forfeit twenty shillings to the County Treasury. penalty 20. s.

Guards at Meeting, &c.

IT is Ordered by the Authority of this Court; Guards to attend publick times of worship where there are [...] 100 souldiers the guard to be 20 That there shall be a Guard appointed in every Plantation to attend on the Sabbath and other dayes of publick Worship compleat in their Arms, with Powder and Bullets (at least [...]ve charges) and in every Plantation where there are one hundred Souldiers, there shall be twenty to serve on the Guard, and in no Plantation shall there be less then eight Souldiers and a Sergeant: and in no Town less t [...]en ten allowance of powder Milit [...]ry officers to appoint the Guard And every Souldier that is of the guard shall have allowed them half a pound of Powder a piece by the Town annually And it is further Ordered; That the chief Military Officers in every Plantation, shall call forth so many of their Train-band as by order are required to serve on the Guard to attend that service; Provided that no person shall be compelled to attend that service two years together; Serg. to see the guard compleat in arms and in a­munition and the Sergeants of the Guard are to take care that their respective companies attend the Guard with their Arms well fixed, and with Powder and Bullets according to Law.

GOVERNOVR

IT is Ordered by this Court; That the Governour, or Deputy Governour, wh [...] have power to reprieve a condemned malefact. or any three Assistants concurring, shall have power to Reprieve a condemned Malefactor to the next General Court.

[Page 28]It is also Ordered; That the Governour, and in his absence the Deputy Go­vernour shall have a casting voice whensoever an equi-vote shall fall out in the Court of Assistants or General Court, the Gov. & Presid to have a casting vote &c so shall the President or Moderator have in all civil Courts or Assemblies.

HERETICKS.

THis Court being sensible of the danger persons are in of being poysoned in their Judgements and Principles by Heretick, whether Quakers, Ranters, Adamites, or such like:

quakers, Ranters Adamites not to be entertained unnecessarily penalty 5. lDo see cause to Order; That no persons in this Colony shall give any un­necessary entertainment unto any Quaker, Ranter, Adamite, or other notori­ous Heretick, upon penalty of five pounds for every such persons entertainment, to be paid by him [...]hat shall so entertain them: And five pounds per Week shall be paid by each Town that shall suffer their entertainment as aforesaid.

Such Hereticks to be committed to p [...]is [...]n or sent away. Unnecessa­ry discourse with them penal. 20. sIt is also Ordered by the Authority of this Court; That it shall be in the power of the Governour, Deputy Governour or Assistants to order, that all such Hereticks as aforesaid be committed to Prison, or sent out of this Colony; and no person shall unnecessarily fall into discourse with any such Heretick, upon the penalty of twenty shillings.

Quakers Books not to be kept but by Magist. & Teaching Elders penalty 10. sAnd it is further Ordered; That no person within this Colony shall keep any Quakers-books or Manuscripts containing their Errours (except the Gover­nour, Magistrates and Elders) upon penalty of ten shillings per time for every person that shall keep any such Books after the publication hereof, and shall not deliver such Books to the Magistrate or Minister.

It is also Ordered; That all such Books when, and wheresoever they are found, Such books to be supprest by the County Courts except before excepted, shall by the Constable be seized and delivered to the Assistants or Commissioners, to be kept by them till the next County Court in that County, and then the said County Court shall take care and full order that all such Books as aforesaid be utterly supprest.

It is also Ordered; That no Master of any Vessel shall land such Hereticks in this Colony, No Master of vessel to land such Hereticks if they do th [...]y are to transport them hence penal. 20. l if they do, they shall be compellable to transport them again out of this Colony by any one Ass [...]stant or Commiss [...]oner at their first setting sayl from the Port where they landed them, upon penalty of twenty pound to be paid by the said Master as shall not transport them as aforesaid.

High-Wayes.

WHereas the maintaining of High-wayes in a fit posture for passage, accor­ding to the several occasions that occur, is not only necessary for the com­fort and safety of man and beast but tends to the profit and advantage of any people in the issue:

It is therefore thought fit and Ordered by the Authority of this Court; That each Town within this Colony, Surveyors to be chosen in each Town shall every year chuse one or two of their Inha­bitants to be Surveyors, to take care of and oversee the mending & repairing of the High-wayes within their several Towns respectively, who have hereby po­wer allowed them to call out the several persons or Teams fit for labour within their Town-ship (Magistrates, their powers who exempted from labour every person compellable to work to work 2 dayes at least per year Commiss [...]oners, Ministers, Ruling Elders, Phy­sitians and School-masters excepted) two dayes at least in each year, and so many more as in his or their judgement shal be found necessary for the attaining of the aforementioned end, to be directed in their works by the said Surveyor or Surveyors: and it is left to his or their liberties either to require the labour of the several persons in any Family or of a Team & one person where such are, [...] dayes notice to be given as he finds most advantagious to the publick occasions, he or they giving at least three dayes notice or warning before hand of such [...]mployment, and if any re­fuse [Page 29] or neglect to attend the service in any manner aforesaid, he shall forfeit for every dayes neglect of a mans work three shillings, and of a Team six shil­lings, which said fines shall be imployed by the Surveyors, to hire others to work in the said wayes: penalty every p [...]rsons negl [...]t▪ 3. s. [...] And the Surveyors shall within four dayes after the several dayes appointed for work, deliver into some Magistrate a true present­ment of all such as have been defective, with their several neglects, who are immediately to grant a Distress to the Marshal or Constable for the levying of the incurred forfeiture, Surveyors to present neglects by them to be delivered to the Surveyors for the use a­foresaid; Penalties to be levyed and how employed. And if the Surveyor neglect to perform the service hereby commit­ted to him, either in not calling out all the Inhabitants in their several propor­tions as before, or shall not return the names of those that are deficient, he shall incur the same penalty as those whom he passes by are lyable to, Surveyors neg­l [...]ct to be [...]. by vertue of this order, which shall be employed to the use aforesaid, and to be levyed al­so by distress upon information and proof before any one Magistrate. and fines levy▪

Hides and Tallow not to be Transported.

IT is Ordered by the Authority of this Court; That after the publication of this Order, Raw hides and Tallow not to [...] transported. if any person in this Colony shall endeavovr to transport or send away any raw hide or hides, or tallow out of this Colony, by shipping them aboard any vessel for that end, Upon penalty of forfeiture. he shall forfeit the said Hides and Tallow so ship­ped, or the value thereof, one third part thereof shall be to him tha [...] discovers the transgression, and complains thereof, the other part to the publick Treasury:

It is also Ordered; That no Master of any ship or other vessel, No Master or Ships &c 10 re­ceive [...]. shall receive any such Hides or Tallow as aforesaid, aboard his ship or vessel, to be so trans­ported upon the like penalty; Provided that any person, stranger or other may transport any Hides or skins brought from beyond seas by way of Merchan­dize, or the skins of Beaver, Moose or Otter.

Home Lotts.

WHereas there hath been a great abuse in several Towns and Plantations in this Colony, of buying and purchasing Home lots, and laying them toge­ther, by means whereof great depopulation may follow, for the prevention whereof:

It is Ordered by the Authority of this Court; That all dwelling or mansion houses, Mansion house to be upheld that are or shall be allowed in any Plantation or Town within this Ju­risdiction, shall be upheld, repaired and maintained sufficiently in a comely way, as also, whosoever shall possess and enjoy any Home-lots within any such Plantation or Town that is not yet built upon, he shall within twelve months after the publication hereof, home lotts to be built upon, [...] penalty of 20 s p. year. erect and build a house there fit for an Inhabitant to dwell in, if his Lot be one Acre and half unless the Court upon knowledge of the case, finde cause to abate or give longer time for building, upon the pe­nalty of twenty shillings per year, for every breach of this order, to be paid to the Town Treasury.

HORSES

FOr the upholding of a good breed of Horses in this Colony:

It is Ordered by this Court; That no Stone Horse above two years old shall be suffered in Commons and Woods at liberty, [...] unless he be of comely proportion, and sufficient stature, not less then thirteen hands high, reckoning four inches to a hand, and be viewed and allowed by the major part of the Select men of the Town where the owner liveth; and if any person or persons turn any Stone Horse upon the Commons, or at liberty, or in the Woods, being not viewed and allowed as before, he or they shall forfeit twenty shillings a moneth for every Stone horse running at liberty after he is two years old, which penalty the Select men are to order the levying thereof, and imploy it to the [Page 30] Town use: And if the Select-men neglect their duty herein, they shall forfeit twent [...] shillings for every defect to the County Treasury.

It is also Ordered; That no person in this Colony shall sell any Horse or mare, Horses not to be sold to Indians penalty 5 li great or small, to any Indian or Indians, upon the penalty of forfeiting five pounds, one third part to the complainer, the rest to the publick Treasury.

It is also further Ordered; That every person or persons, that shall sell bar­ter, Sales & exchan­ges of horses to be cutted in the Brand book give or exchange any Horse or Horses, or shall convey or transport them out of the Colony, not to return them again, be or they shall enter every such Sale, Barter, gift or exchange, or transportation, (within ten dayes next after the said Sale, 6 d to be paid for entring 40 s fine for breach of this law &c.) in the Brand-book in the Town where the beast so sold, Barter'd given, or exchanged was taken up and did belong, with the natural and artificial marks, colour and age of the said Horse or Horses; paying six-pence for the entry of every Horse as aforesaid, to the keeper of the Brand book, or shall forfeit for every default herein forty shillings, one third part to the com­plainer, the rest to the publick Treasury.

Houses and Lands to be tendred to the Town before sold.

IT is Ordered by the Authority of this Court; That no inhabitant in this Co­lony, Houses & l [...]nds to be sold [...] none but inhabi­tants of the town [...] it is [...] without con­sent of the town shall have power to make sale of his accomodations of House or Lands to any but the Inhabitants of the Town, wherein the said House and Land is scituate, without the consent of the Town, or unless he have first propounded the sale thereof to the Town where it is Scituate, and they refuse the sale tendred or to give so much as another chapman will.

Houses and Lands to be secured for Heirs.

THis Court taking into serious consideration the great inconvenience that may ensue to Orphans, whose Parents deceasing intestate, that in their life time were possessed of a real Estate of Housing and Lands, such as may be appointed to administer to the estate, may through inconsiderateness, make Alienations of such Lands and Housing whereby the proper Heirs may come to be disinherited of that Estate, which ought to be reserved for them;

Sales of houses & lands belong­ing to heirs un­der age to be void in law except [...] by the General CourtDoe therefore order; That after the publication hereof, all sales or alienati­ons of housing or lands of persons deceased by Administrators, where is survi­ving any proper heire to the estate of the person deceased shall be voyd & of none effect, unless it be rattifyed and established by the approbation of the General Assembly, and whatsoever distribution of estate is ordered by any ci­vill Court in this Corporation to Legatees or proper heires: If it be in housing or lands the Execution or payment thereof, by the person or persons therein concerned, or thereunto appointed shal be at the same value it was Inventoried.

It is also Ordered; That when any persons dye intestate, the eldest Son shall have a double portion of his whole Estate, Eldest son to have a double portion &c real and personal, except he hath formerly received it, in whole or in part, unless the County Court or Court of Ass [...]stants, upon just cause shall order otherwise.

Housing to be kept in repair for Legatees.

Houses belong­ing to heirs to be kept in repair & so to be delive­red to themIT is Ordered by the Authority of this Court; That all such Housing as ap­pertains to the Estate of the deceased, shall be kept in Tenantable repair out of the revenue of the Land, and so to be delivered to the Legatees, at the time appointed in the distribution extraordinary casualties excepted.

Husbands and Wives not to live separate.

IT is Ordered by this Court; That no Man or Woman that hath a Wife or Husband in forreign parts, shall abide in the Colony so separate above two [Page 31] years, nor shall any that have been three years allready separated, Husbands and wives not to [...] separate above 2 years penalty 40 s per month abide in this Colony, to separate above one year without liberty from this Court upon pe­nalty of forty shillings, per moneth for each transgression of this order, one third part whereof shall be to the informer, the other part to the publick Treasury.

IDLENESSE

IT is ordered by the Authority of this Court; That no person, Idle persons to be presented to the next Magi­strate. &c housholder or other, shall spend his time idly or unprofitably under pain of such punish­ment, as the Court shall think meet to infl [...]ct; and for this end, it is Ordered that the Constable of every place, and Grand-Jury shall use special care and diligence to take knowledge of offendors in this kind, and present them to the next Magistrate who have hereby power granted to hear and determine the ease according to his discretion, or transfer it to the next Court.

IMPOST

IT is Ordered by the Authority of this Court; Wine and Li­quors to be en­tered with Cu­stom Masters e­very Butt of wine to pay 13 s 4 d Every An­chor of Liquors 3 s 4 d That whatever wine or liquors are brought in and landed in any part or port in this Colony, except such as is landed for Transportation, shall pay for every Butte of Wine Thirteen Shillings and four pence, And for every Anchor of Liquors Three Shillings and four pence, and so proportionably for all greater or lesser Casks or Quantities, all which Wines or Liquors shall be entered in such place appointed by the Court as may be most convenient and nearest to repair unto. This Order to be duely observed upon the penalty of forfeiting all such wine and li­quors as are discovered, and proved to be omitted or neglected to be entered before they were landed. Cen▪ or County Courts to ap­point Custom-Masters There Fees for Entry 2 s a Butt of Wine 1 s & Anchor Li­quors

And this Court or the County Courts are to appoint Custom Masters from time to time in the respective plantations, which said Custom Masters shall be paid for the entry of every Butt of Wine Two shillings, and for every An­chor of Liquors One Shilling, and so proportionable for all greater or lesser Quantities.

And the Merchant or owner of such wine or liquors as is landed shall de­liver and pay unto the Custom-Master, The owner of Wines and Li­quors to pay the custom thereof in currant pay or in wine and Li­quors apprized according to this order what is due for Custom by this Order in Country pay, or in wine or liquors, according as the Officer and Owner can agree, to the contentment and satisfaction of the said Officer, or else the owner and Officer to nominate a third man, who shall put a final price between them in point of valuation of the wines or liquors for Custome; but if they cannot agree upon notice from the Officer, the County Treasurer for the time being shall determine the price thereof, and being so Ordered the Officer and Mer­chant shall accept thereof.

And it is further Ordered; The Officers po­wer to seize wine and Liquors not en [...]red or where the Cu­stom is not p [...]d That the Officer who is to enter the said wine and Liquors, and to receive the Customs, hath hereby power; and is required to go into all houses or Cellars where he knoweth or suspecteth any wine or liquors to be, and from time to time he shall seize upon all such wine and li­quors as is not entered according to law, and also seize upon and take possessi­on of so much Wine or Liquors as to make payment of what Custome is due according to entries made, and is refused or neglected to be paid in due manner according to this Order; And all Constables and other Officers are hereby re­quired to assist and aid the Officer in the discharge of his duty, Constables and other Officers to lend him their Assistants and helping to break open such Houses or Cellars, If the owners of such wine or Liquors shall refuse to open their doors or deliver their keyes in a peaceable manner, and whatsoever Officer or other person shall refuse or neglect to give their Assistance as aforesaid, Wines and li­quors so seized to be one half to the publick the rest to the [...] and in seizing and Transporting such Wine and Liquors for the use of the publick, shall forfeit Ten Shillings to the publick Treasury, and all Forfeitures upon this Order shall go one half to the Custome Master, and the other half to the Treasury.

[Page 32] Customs to re­main to the [...] useIt is also Ordered; That the Custome of Wine and Liquors shall be and re­main to thy use of that County in which those Goods are landed.

IMPRESSES.

IT is ordered by the Authority of this Court; That no man shall be compelled to do any work or service for the publique, Impresses to be [...] warrant from Authority unless it be by warrant from Au­thority, and have reasonable allowance therefore, Nor shall any mans cattell or Goods of what kind soever be pressed or taken for any publick use or service unless it be by vertue of warrant from Authority, And for reasona­ble allowance for their service nor without such reasonable prizes and hire as the ordinary rates of the Country do afford; and if the Cat­tle or Goods perish, If damage come to them to be re­compensed. or suffer damage in such service, the Owner shall be duely recompenced.

IMPRISONMENT.

IT is Ordered by the Authority of this Court; That no mans person shall be Restrained or Imprisoned by any Authority whatsoever, before the Law hath sentenced him thereunto if he can put in sufficient security, bayl or main-prize for his appearance and good behaviour in the mean time, unless it be in Crimes Capital, and Contempt in open Court, or in such cases where some ex­press Law doth allow it.

INDIANS.

THis Court judging it meet that some means should be used to convey the knowledge of God and of his Word to the Indians and Natives amongst us:

Do Order; That one or more of the Teaching Elders of the Churches in this Jurisdiction, with the help of an able Interpreter, shall be desired as often as he may in every year, Indians to be taught the knowledg of God. &c to go amongst the neighbouring Indians, and endeavour to make known to them the counsels of the Lord, thereby to draw and stir them up to direct and order all their wayes and conversations according to the rule of his word; and the Governour, and Deputy Governour, and other Magi­strates are desired to t [...]ke care to s [...]e the thing attended, and with their own presence, so far a [...] may be convenient, to encourage the same.

It is also Ordered by th [...]s Court; That where any company of Indians do sit down near any Town or English Plantation, they shall declare who is their Sachim or Chief, Indian sachems to pay the Trespasses of Indians under them and that the said Sachim or Chief shall pay to the English such Trespasses as shall be committed by any Indian in the said Plantation adjoyn­ing, either by spoiling or killing of Cattle or Swine, either with Traps, Dogs, or Arrows, or other means, and they are not to plead it was done by Strangers, unless they can produce the party, and deliver him or his goods into the custody of the English, and they shall pay double damage if it were done voluntarily: The like engagement this Court also makes to them, The Courts ingagement to the Indians in case of wrong or injury done to them by the English, which shall be paid to the party by whom it was done, if it can be made to appear, or otherwise by the Town in whose limits such facts are committed.

This Court seriously considering the many wilful wrongs and hostile practices of the Indians against the English, together with their entertaining, protecting and rescuing of Offenders, as late our experience sheweth; which if suffered the peace of the English cannot be secured:

It is therefore Ordered by this Court; (according to the conclusions of the Commissioners of the United Colonies at New-Haven, Indians that of­fend to be seized Anno. 1646.) That in such cases the Magistrates may at the charge of the Plaintiffe, send some convenient strength of English, and according to the nature and value of the of­fence and damage, seize and bring away any of that Plantation of Indians that shall entertain, with those that protect them, protect or rescue the offender, though it should be in another Ju­risdiction, when through distance of place, commission or direction cannot be [Page 33] had from them after notice and due warning given them as abbettors, or at least accessary to the Injury and dammage done to the English. Women & chil­dren to be s [...]a­ringly seized Only women and children to be sparingly seized, unless known to be some way guilty; and because it will be chargeable keeping Indians in prison, and if they should escape, they are like to prove more Insolent and dangerous after; It is thought fit that upon [...]uch seizure the delinquent or satisfaction be again demanded of the Sagamore or plantation of Indians guilty or accessary as before, Indians seized to be delive [...] to the party [...] and if it be denyed, that then the Magistrates deliver up the Indian seized to the party or parties endamaged either to serve or to be otherwise disposed of in way of Mer­chandize as the case will justly bear; And though we foresee that such severe though just proceedings may provoke the Indians to an unjust seizing of some of ours, The en [...]uing De­claration to be published yet they could not at present finde any better means to preserve the publick peace, all the aforementioned outrages and Insolencies tending to an open war; only it is Ordered, that before any such seizure be made in any plantation of Indians the ensuing Declaration of the Commissioners be publi­shed, and a coppy thereof given to the particular Sagamore.

The Commissioners for the Vnited Colonies considering how peace and righte­ousness may be preserved betwixt all the English and the several Plantations of the Indians: Thought fit to Declare and Publish, Commissioners D [...]clar [...]tion That as they will do no in­jury to them, so if any Indion or Indians of what Plantation soever, do any wilful damage to any of the English Colonies, upon proof, they will in a peaceable way require just satisfaction according to the nature of the offence and damage, but if any Sagamore or Plantation of Indians, after notice and warning, entertain, hide, protect, keep, convey away, or further the escape of any such offender or offenders, the English will demand satisfaction of such In­dian, and Sagamore, or Indian Plantation, and if they deny it they will right themselves as they may upon such as so maintain them that do the wrong, keeping peace and all tearms of Amity and Agreement with all other Indians.

It is also Ordered by the Authority of this Court; That no Indian or Indi­ans shall be suffered to make any hostile attempts upon any Indian or Indians in any English Town or House in this Jurisdiction, Indians not to march through any Town in a hostile manner without l [...]ave neither shall they march through any Town in a Hostile manner without leave from the Authority of the place.

It is Ordered by the Authority of this Court; That no Indian or Negro servant shall be required to Train, Watch or Ward in this Colony. nor train nor watch or ward

It is also Ordered; That for all Lands whatsoever granted by this Court to particular Towns or Persons within this Colony wherein any Indians have right and interest, Indian rights to be [...] for by the gr [...]nt [...] the Grantee shall agree with the Native Proprietors respecting their rights to prevent further inconveniencies that might ensue or arise through neglect hereof, and this the Court doth judge requisite to be attended in all former Graunts; although it hath not been imposed or incerted in the said Graunt.

This Court being sensible of the inconveniencies that may come by the Indi­ans coming into our Towns in the night season, and taking that opportunity to supply themselves with L [...]quors and prohibited goods;

Do therefore Order; That whatsoever Indian or Indians shall be found pas­sing or repassing in any Town in this Colony after the shutting in of the even­ing, except he can give sufficient reason for the same, Indians no [...] [...]pass in our towns after evening shut pen. 20. [...]. or 6 stripes he shall forfe [...]t twenty shillings, fifteen shillings to the Treasury and five shillings to the Comp [...]ainer, or be whipt six stripes, any one Assistant or Commissioner hath power to hear and issue any such complaint.

And the said Assistant or Commissioner before whom any such complaint shall come, [...] hath hereby power granted him to secure such Indian or Indians by committing them to Prison, or setting a Watch upon them till they may have opportunity to heare and issue such complaints; This order to be published to the Indians in or about each plantation in this Colony.

[Page 34] For the prevention of the breach of the Sabbath by the Indians within this Colony:

It is Ordered by this Court; That whatever Indian or Indians shall labour or play on the Sabbath within the English limits, Prophanation of the Sab. by Indians &c penalty 5 s. or [...]it in stocks an hour and on the English Lands, he shall pay five shillings as a fine, half to the Treasury, and the other half to the Complainer, or sit in the Stocks one hour; any one Ass [...]stant or Commissioner to hear and determine any such complaint: The Constables in each Town are required to publish this Order to the Indians inhabiting within their respective limits.

Powawing for­bidden pen. 5 li person [...] of 21 years of age countenancing the same penal­ty 20 sIt is also Ordered; That no Indian shall at any time Powaw or perform out­ward worship to false Gods, or to the Devil within this Jurisdiction, upon the penalty of the forfeiture of five poun [...]s, to be paid to the publick Treasury by every such Powaw, and twenty shillings by every person of the age of twenty one years that shall countenance the same by his presence.

Whereas it is too manifest that the Natives about us, notwithstanding all Counsel and Advice (to the contrary) given them by the Authority here, have, and still do proceed to commit Murther, and kill one another within the English Plan­tations, and upon the English Land, and take no course that such justice be executed upon such Malefactors as may take off the guilt of Blood from the Land; For the prevention whereof:

It is Ordered by the Authority of this Court; That for the future, whatever Indian or Indians shall wilfully and violently [...]all upon any Indian or Indians within this Colony, Indian Murde­rers to be put to death and upon the English Land (except it be such that they are at open war with) and murther him (if it be legally proved) he shall be put to death; And if the Indians do not Execution upon such Murtherers or Murthe­rer, forthwith the next civil Officer upon information thereof shall forthwith cause him or them to be Apprehended, and without Bail or Main prize commit him or them to the Common Goal, there to be secured for a Tryal at the next Court of Assistants, and secured for a Tryal and the Constables in the several Plantations are hereby required to take sure course that this Order be duely published to the Indians within their respective limits.

INDICTMENTS.

IT is Ordered by this Court and the Authority thereof; That no person shall be Indicted, Complaints or Presentments to be made within 1 year Presented, Inforr [...]ed against, Complained of to any Court or Magistrate within this Colony, for the breach of any penal Law or any other Misdemeanour, the forfeiture whereof belongs to the Country, unless the said Indictment or Complaint be made and exhibited within one year after the of­fence be committed; and if any such Indictment, Presentment, Information or Complaint be not made within the time limited, then the same shall be void and of none effect; provided alwayes this Law shall not extend to any Capital offence, nor any Crimes that may concern loss of Member or Banishment, or to any Treachery against the Colony, nor to any Fellonies above ten shillings, nor shall it hinder any person grieved by any wrong done to him or his Wife, Children or Servants, or Estate real or personal, but that every such person shall have remedies as formerly he might or ought to have.

IN-KEEPERS.

FOrasmuch as there is a necessary use of Houses of Common Entertainment in every Jurisaiction, and of such as retail Beer, and Wine, and Victuals, yet be­cause there are so many abuses of that lawful liberty, both by persons entertaining, and persons entertained, there is also need of strict Laws and Rules to regulate such an imployment;

It is therefore Ordered by the Authority of this Court; That no person or [Page 35] persons licensed for Common entertainment, shall suffer any to be Drunken, Inkeepers to suffer [...] to be Drunk or [...]ipple unseasonably or drink excessively, viz. above halfe pint of Wine for one person at one time, or to continue tipling above half an hour, or at unseasonable times, or after nine of clock in the night, in or about any of their Houses, on penalty of five shil­lings for every such offence, and every person found Drunken, Drunkenness de­scribed so that he be thereby bereaved or disinabled in the use of his understanding, appearing in his speech or gesture in any of the said Houses or elsewhere, he shall forfeit ten shillings to the publick Treasury, penalty 10 s and for excessive Drinking three shillings and four pence, Excessive drink­ing [...] 4 d & for tipling &c 2 6 d unseasonable tipling 5 s for want of [...]y to be imprison­ed or set in stocks &c and for continuing Tipling above half an hour two shillings and six-pence, and for Tipling at unseasonable times after nine of clock at night five shillings for every offence in these particulars, being lawfully convicted thereof, and for want of payment, such shall be imprisoned till they pay, or sit in the Stocks one hour or more in some open place as the weather will permit, not exceeding three hours o [...] one time; Provided notwithstanding, such licensed persons may entertain Sea-faring men, or Land Travellers in the night season when they come first on shoar, provise or from their journey for their necessary re­freshment, or when they prepare for their Voyage or Journey the next day early, so as there be no disorder among them, and also Strangers, Lodgers and other persons in an orderly way may continue in such Houses of Common En­tertainment during Meal-times, and upon lawful business what time their oc­casions shall require.

And it is also Ordered; That if any person offend in drunkenness, For second of­fence double fines third of­fence treble or punish by whip excessive or long drinking the second time they shall pay double fines, and if they fall into the same offence the third time, they shall pay treble fines, and if the par­ties be not able to pay their fines, then he that is sound drunk shall be punished by whipping to the number of ten stripes, fourth offence to be imprisoned till sufficient sureties for the good behaviour be brought and he that offends by excessive or long drinking, shall be put into the Stocks for three hours when the weather will not hazard his life or limbs; and if they offend the fourth time, they shall be imprisoned till they put in two sufficient Sureties for their good Behaviour.

And it is further Ordered; That the several Towns within this Jurisdiction shall provide amongst themselves in each Town one sufficient Inhabitant to keep an ordinary for Provision and Lodging in some comfortable manner, Every Town to have an ordinary upon the penal­ty of 40 s per Moneth that Passengers and Strangers may know where to resort; And such Inhabitants as shall be chosen by the several Towns for that service, shall be presented to the next County Court in that County, or to the two next Magistrates to be ap­proved and licensed to attend that imployment; and every Town that shall not attend this Order, shall forfeit for their neglect therein forty shillings a moneth (for every moneth they shall be defective therein) to the publick Treasury.

It is also Ordered; That every person licensed for Common Entertainment shall have some suitable Signe set up in the view of all Passengers for the dire­ction of Strangers where to go, where they may have entertainment; Every Ordinary to have a sign per the first of September 1673 upon pen of for­feiting 20 s &c and such as shall have no such Sign by the first of September 1673. shall pay a fine of twenty shillings to the Publick Treasury, and so twenty shillings every quarter of a year till they have effected the same.

And it is also Ordered; That every In-keeper or Victualler shall provide for Entertainment of Strangers Horses, viz. one or more Inclosures for Summer, In-keepers duty and Hay and Provender for Winter, with convenient Stable room and atten­dance, under penalty of two shillings six pence for every dayes default, pen 2 s 6 d per diem and dou­ble damage to the party thereby wronged, except it be by inevitable accident.

It is also further Ordered; That no In-keeper, Victualler, Wine drawer, or other, shall deliver any Wine or Liquors, or suffer any to be delivered out of his House to any which come for it, Wine or Liquors drawers to re­quire a note of what they deli­vered out of th [...]r house &c unless they bring a note under the hand of some one Master of a Family and allowed Inhabitant of that Town, and with such moderation for quantity as they may have reason to conceive it may not be abused, and shall be ready to give an accompt of their doings herein [Page 36] when they are called thereto under censure of the Court in case of delin­quency.

What Inhabitants to be received.

persons to be re­ceived inhabi­tants must be of h [...]nest conversa­tionIT is Ordered by the Authority of this Court; That no person shall be recei­ved a [...] Inhabitant into any Town in this Colony (but such as are known to be of an honest conversation and) accepted by the major part of the Town.

INVENTORIES.

IT is Ordered by the Authority of this Court; That after the death and de­cease of any person possessed of an Estate, Inventories to be made and ex­hibited in court proved and re­corded be if more or less, and who ma­keth a written or nuncupative Will, those men which are appointed to order the affairs of the Town where any such person deceaseth, shall within one moneth after the same at farthest, cause a true Inventory to be taken of the said Estate in writing, as also take a copy of the said Will or Testament, and enter it into a Book, or keep the Copy in safe custody, as also enter the names upon Record of the Children and Legatees of the Testator or deceased Person, and the said Select-men are to see every such Will and Inventory to be exhibited in to the next County Court in that County, where the same is to be proved & Re­gistred; Select-men to see the Estate preserved and the said Select-men are to do their best endeavours in seeing that the Estate of the Testator be not wasted nor spoiled, but be improved for the best advantage of the Children or Legatees according to the minde of the Te­stator for their and every of their use: but when any person dyeth intestate, the said Select-men shall cause an Inventory to be taken and exhibited into the next County Court in that County, If no Kindred be heard of the Court to admi­nister which Court shall grant the Administration of the Goods and Chattels to the next of Kin, joyntly or severally, and divide the Estate to Wife (if any be) and Children, or Kindred according to Law, and for want of Law, All charges a­bout securing of [...] estate to be paid [...]ut of the estate according to rules of Righteousness and Equity: And if no Kindred be found, the Court to Administer for the publick good of the Colony, provided there be an Inventory Registred, that if any of the Kindred in future time appear, they may have justice and equity done unto them; and all charges that the Publick, Court or Select-men are at, about the trust committed to them either for writing or otherwise, person unsatisfi­ed with the dis­tr [...]b [...]ti [...]n [...] is to be paid out of the Estate. And if any person concerned in the Estate, shall conceive that the distribution made by the County Court, be not either according to Rules of Justice or Equity, there is liberty hereby granted for the agrieved party to apply himself to the Court of Assistants for relief.

And it is also further Ordered; That the Clerks of the County Courts, shall Record all Wills and Inventories that are exhibited in the County Courts and approved, Wills and Inventories to be re­corded & filed and file the Original of them, and grant copies of them to such as shall desire and pay for them.

Whereas also it was recommended by the Commissioners of the United Co­lonies, Wills proved in one Colony to be accepted in the rest that for the more speedy and free passage of Justice in each Jurisdiction to all the Confederates; if the last Will and Testament of any person be duely proved in, and certified from any one of the Colonies, it be without delay ac­cepted and allowed in the rest of the Colonies, unless some just exception be made against such Will or the proving of it, which exception to be forthwith duely certified back to the Colony where the said Will was proved, that some just course may be taken to gather in and dispose the Estate without delay or damage.

[...] that Colony in which he belongsAnd also, that if any known Planters or setled Inhabitants dye intestate, Administration to be granted by that Colony unto which the deceased did be­long, though dying in another Colony: And the Administration being duely certified, to be of force for the gathering in of the Estate in the rest of the Co­lonies, as in the case of Wills proved where there is no just exception returned. [Page 37] But if any Person possessed of an Estate who is neither Planter nor setled In­habitant in any of the Colonies dye intestate, unsetled person, dying intestate administrati [...]n to be granted by the Colony he dyes in, the Administration (If just cause besound to give Administration) be granted by that Colony where the person shall dye and depart this Life, and that care be taken by that Gover [...]ment to gather in and secure the Estate until it be demanded, and may be delivered ac­cording to Rules of Justice: which upon due consideration was confirmed by this Court in behalf of this Colony and Ordered to be attended in all such oc­casions for the future; Provided the General Courts of the other Colonies yield the like assent thereunto.

Juries and Iurors.

IT is Ordered by the Authority of this Court; that all Cases which are entred for tryal in any County Court under forty Shillings, Cases entred un­der [...] to be Tryed by the Bench. the Suit shall be left to be tryed by the Bench, as they shall judge most agreeable to Law, Rules of Righ­teousness and Equity.

And all Cases, where the d [...]bt or damage shall exceed forty Sh [...]llings, they shall be tryed by a Jury of twelve men, All Cases above 40▪ s: to b [...] Try­ed b [...] a Jury Twelve men which men shall be impanalled and sworn truly to try betwixt party and party who shall find the matter of Fact with the damages and costs according to Law and their evidence, and the Judges shall declare the Sentence, or direct the Jury to find according to the Law. Jury to find the matter of Fact Judges to de­clare the sen­tence The Bench to determin [...] mat­ter of Equity Every [...]ury to give a non liquot or special ver­dict when is a special verdict jurors if they c [...]nnot find the main Is­sue as much as they can:

And if there be any matter of apparant Equity as upon the Forfeiture of a Bond, or obligation, or breach of Covenant without damage or the like, The Bench shall determine such matter of Equity.

And in all cases wherein evidence is so obscure or defective, that the Jury cannot clearly and safely give a positive verdict (whether it be Grand or Petty Jury) they shall have liberty to give a non liquot or a Special Verdict, viz. If the Law be so in such a point, we find for the Plaint [...]ff: but if the Law be otherwise we find for the Defendant, in which Case the deter [...]nation doth properly belong to the Bench. And all Jurors shall and hereby have liberty granted them in matters of Fact, If they cannot find the main issue, yet to find and present in their Verdict so much as they can.

It is also Ordered that the Judges of the Court shall have Liberty, if they do not find in their Judgements the Jury to have attended the evidence given in, and true Issue of the Case in their Verdict, The power of the Bench concer­ning to cause them to return to a second consideration of the Case, and If they shall still persist in their former opinion to the dissatisfaction of the Court, it shall be in the power of the Court to Impan­nel an other Jury, and commit the consideration of the Case to them. juries and their Verdicts And it is also left in the power of the Bench to vary and alter the damages given in by any Jury as they shall judge most equal and righteous; provided that what alte­ration shall at any time be made in that kind, it be done in open Court, before the Plaintiff [...] and Defendant be released their attendance upon the Court.

It is also Ordered that there shall not any Tryal pass upon any person or per­sons for Life or Banishment, Tryals for life to be alwayes by Twelve men but by a Special Jury summoned for that purpose consisting of Twelve able and Judicious men, and in every such Case there shal be no Verdict accepted by the Judges of any Court, but such wherein the whole Jury shall agree

IVSTICE.

IT is Ordered by this Court, that all persons within this Colony, whether they be Inhabitants or Forreigners shall enjoy the same Justice and Law that is general for this Colony in all Cases proper to our Cognizance without parti­ality or delay. Equal justice to Stra [...]gers and Forreigners

Lascivious Carriages.

FOr the prosecution of lascivious carriages and practices amongst us, which in re­gard of the variety of Circumstances, particular and express Laws cannot suddenly be suited.

[Page 38] Lascivious car­riages to be pu­nished accord­ing to the dis­creti [...]n of the Bench &c.It is therefore Ordered by the Authority of this Court; That it shall be in the power of the County Courts to proceed against such offenders ei­ther by fine, committing to the house of Correction or other corporal pu­nishment according to their discretion, desiring such seasonable and exemplary executions may be done upon offenders in that kind that others may hear and fear.

Lands the tenour of our Lands.

IT is Ordered by the Authority of this Court; that whatsoever Lands have or shall be granted by the Court to the respective Townships, The Tenour of our Lands. or to any particu­lar persons either by the Court or particular Town ships, shall be held to them, their Heirs, Successors and Ass [...]gnes for ever, according to the most free Tenour of East Green-Witch in the County of Kent in the Realm of England, according to our Charter Grant.

Lands not to be purchased by particular persons of the Indians.

IT is Ordered by the Authority of this Court, That no person in this Colony whether Inhabitant or other shall buy, [...] not to be purchased [...] of the [...]neral Court hire, or receive as a gift, or mortgage any parcel of Land or Lands of any Indian or Indians for the future, except he do buy or receive the same for the use of the Colony or for some Plantation or Village with the allowance of the general Court.

LEATHER

THis Court taking into cons [...]deration the several deceits and abuses which in some [...] have been practiced by Tanners, Curriers, and workers of Lea­ther, as also the abuse and Inconveniences which accrue to the several members of this Colony by Leather not sufficiently tanne [...] and wrought; which is occasioned by the careless [...]ess and unskilfulness of these several Tradesmen, which before it is in the hands of the Tanner may be much bettered or Impaire [...], for prevention whereof;

It is Ordered by the Authority of this Court; that no [...]tcher by himself or any other person gash or cut any hide of Ox, But [...]her not to [...] or gash any [...] St [...]re or Cow, in fle [...]ng there­of, whereby the same shall be Impaired under the penalty of Twelve pence for every gash in any hide or skin. p [...]n. 12. d.

Nor shall any person or persons using, or which shall use the mistery of Tan­ning at any time hereafter, [...] offer or put to Sale any kind of Leather which is In­suffiiently or not throughly Tanned, or which shall not then have been after the Tanning thereof well and throughly dryed, upon pain of forfeiting so much of his or their Leather as by any Searcher or Searchers of Leathers lawful [...]y ap­pointed, shall be found insufficiently or not throughly dryed as aforesaid.

Nor shall any person using or occupying the mistery of Tanning at any time hereafter set down any of their Fats in Tan Hils or other places where the Woo­zes or Leather put into Tan in, [...] the same shall, or may take any unkinde heats, nor shall put any Leather into hot or warme Woozes whatsoever, upon penalty of forfeiting Twenty pound for every such offence. penalty twenty p [...]nd

Nor shall any person using, occupying the Art or mistery of Currying, burn or seale any [...]ide or Leather in the currying, but shall work the same in all respects with good sufficient liquor, both for quality and quantity, suitable to the condi­tion of the Leather d [...]st by him or them, [...] on penalty of forfeiture for every such offence or act done, [...] contrary to the true meaning of this Order, the full value of every such Hide marred by his evil workman-ship or handling, which shall be judged by two or more sufficient and skilful persons Curriours, [...] or others, and their Oath given them for that end by one Assistant or Comissioner:

And every Town▪ where need is shall chuse one or two persons honest and [Page 39] skilful within their Township, Searcher [...] [...] be chosen and sworn and present them unto the County Court or Ma­gistrate, who shall appoint and swear the said persons, by their discretion to make search and view within the Limits of their Township as oft as they shall think meet and need may be, their duty who shall have a ma [...]k or Seal prepared by each Town for that purpose, and the said Searchers, or one of them shal [...] keep the same, and therewith shall Seale such Leather as they shall find in all [...] suf­ficient, and no other.

And if the said Searchers or any of them shall find any Leather sold, or offer­ed to be Sold, which sh [...]ll be Tanned, wrought, converted or used contrary to the true Intent and meaning of this Order, it shall be lawful for the said Search­ers or any of them to seize all such Leather, defective leathe [...] to be seized and retain the same in their Custo­dy until such time as it be try [...]d by such Tryers, and in such manner as in this Order is appointed, viz upon the forfeiture of any Leather, the officer to sei­zing the same, shall wi [...]hin three dayes call to him four or six men honest and skilful in such wa [...]e to view the same in the presence of the party, (who sh [...]ll have timely notice thereof) or without him, who shall certifie upon their oaths unto the next County Court in that County, or unto one of the Assistants, the defect of the same Leather, except the parties shall before submit to their judg­ment.

And if any Searcher or Sealer of Leather, shall neglect or refuse to take his Oath, or with convenient speed to Seal any Leather sufficiently Tanned, Searcher defec [...] ­ting wrought and used, according to the true meaning of this Order, having timely notice thereof, or shall Seal that which shall be insufficient, penalty twenty shillings then every such Searcher and Sealer of Leather shall forfeit for every such offence twenty shillings.

It is also Ordered; T [...]nners not to suffer leather to be wrought up that [...] sealed penalty five pound That if any Tanner shall suffer any Shoo-maker in his house or else where to work up any Leather into Shoos or Boots, that is not sealed; he shall forfeit five pounds: To the publick Treasury the one half, the other to the Complainer.

It is further Ordered, No Leather to be Sold before it is Sealed that there shall be no Leather Sold or offered to be Sold before it is Sealed in the Town where it was Tanned.

This Court also Orders, that the Leather Sealers in this Colony shall have al­lowed unto them for each Dicker of Leather they Seal, eighteen pence, Leather Sealers Fees for halfe a Dicker twelve pence, and four pence p. hide, for single hides.

It is further Ordered by this Court; that the several Fines and Forfeitures mentioned in these Orders, shall be equally divided into three parts, How Fines are to be distributed and distri­buted as followeth, viz. one part to the County Treasury, another third part to the Town Treasury, wherein the offence is committed, and the other third part to the Seizer or Seizers of such Leather as is insufficiently Tanned or Cur­ried from time to time.

THis Court being informed that there is much detriment like to ensue to this Colony by the sending out Tanned Leather that are fit for upper or Sole Lea­ther for Shoos.

It is therefore Ordered by the Authority of this Court; that for future, Leather un­wrought [...] the Colony [...] none shall transport or send away out of this Colony any such Tanned Hides or Lea­ther, upon penalty of Forfeiting such Hides or Leather, or the value thereof. One third part whereof shall be to the Complainer, the rest to the County Trea­sury where the offence is committed.

LEVIES

FOrasmuch as the Marshal and other Officers have complained to this Court, that they are oftentimes in great doubt how to demean themselves in the exe­cution of their Office.

It is Ordered by this Court and the Authority thereof; [...] That in case of Fines and Assessments to be levied, and Execution in civil actions, the Officer shall [Page 40] demand the same of the party, or at his house or place of usual abode, and upon refusal or non payment be shall have power (calling the Constable, if he see cause for his Assistance) to break open the door of any House, Ch [...]st, or place where he shall have notice that any Goods lyable to such Levy or Execution shall be; and if he be to take the person he may do the like, if upon demand he shall refuse [...] [...]ender himself, and whatsoever charges the Officer shall necessari­ly be put [...] upon any such occasion, he shall have power to Levy the same, as he doth the debt, Fine, or Execution, and when the Officer shall Levy any such Goods upon Execution, as cannot be conveyed to the place where the party dwells, necessary [...] to be Levyed with the Execu­ [...]ion for whom such Execution shall be Levyed without considerable charge; he shall Levy the said charge with the Execution. The like Order shall be observed in Levying of Fines; Provided it shall not be lawful for such Officer to Levy any mans necessary bedding, Necessaries for the upholding of life [...] to be Le­vyed &c apparrel, tools, or arms, neither Implements of Hous-hold, which are for the necessary upholding of his Life; but in such cases he shall Levy his land, or person according to Law, and in no case shall the Officer be put to seek out any mans Estate, Officers how far to seek out m [...]ns Estates Farther then his place of abode; But if the party will not discover his Goods or Lands, the Officer may take his person.

And it is also Ordered, that if any Officer shall do any injury to any by co­lour of his Office in these or in any other Cases, Officers doing injury to make [...] he shall be lyable upon com­plaint made of the party wronged by action or information, to make full resti­tution.

LYING.

WHereas truth in words as well as in actions is required of all men, especi­ally of Christians, who are the prof [...]ssed Servants of the God of Truth, and whereas lying is contrary to Truth, and some sorts of Lyes are not only sinful as all Lyes are, but also pernicious to the publick Weal, and injurious to particular persons.

persons of the age of Fourteen years lyingIt is therefore Ordered by the Authority of this Court; That every person of the age of discretion, which is accounted Fourteen years, who shall wittingly and willingly make, or publish any Lye, which may be pernicious to the pub­lick Weal, or tending to the damage or injury of any perticular person to deceive and abuse the people with false News or reports, and the same duly proved in any Court or before any one Magistrate, who hath hereby power granted to hear and determine all offences against this Law; Such persons shall be Fined for the first Offence Ten Shillings, penalty Firs [...] Offence 10 s &c or if the party be unable to pay the same, then to sit in the Stocks so long as the said Court or Magistrate shall ap­point, in some open place not exceeding Three Hours, for the second Offence in that kind whereof any shall be legally convicted, Second Offence 20 s &c the Summe of Twenty Shil­lings, or be whipped on the naked body not excee [...]ing Ten Stripes: And for the third Offence that way Forty Shillings, Third Offence 4 [...] [...] &c or if the party be unable to pay, then to be whipped with more stripes, not exceeding Thirty: And if yet any shall offend in like kind, Fourth Offence 50 s. and be legally convicted thereof, such person. Male or Female, shall be Fined Ten Shillings a time more then formerly, or if the party offending be unable to pay, Those under age to be co [...]ected by the [...]r Parents [...] Governours, then to be whipped with five or six stripes more then formerly, not exceeding Thirty at any time; and for all such as being under age of discretion that shall offend in lying, their Parents or Masters shall give them due correction, and that in the presence of some Officer, if any Magistrate shall so appoint: [...] Provided also, that no person shall be barred of his just action of Slander, or otherwise by any proceeding upon this Order.

Licences and Liquors.

IT is Ordered by this Court; That it shall be in the power of this Court, and in the power of the County Courts (within their respective Countyes) to [Page 41] grant Licenses to particular persons to Retail, Wine, Liquors, Gen. Co. & County Co to gr [...]nt Licenses None to sell Liquors, Wine Cyder by retail without license pen. 5 s. p. quart Cyder or strong Beer, and none else but such as are Licensed by this Court, or a County Court (without a Ticket from the Magistrate of the place where they dwell, men­ti [...]ning the quantity sent for) shall have liberty to sell any Wine, Liquors, Cy­der or strong Beer by Retail, upon the penalty of [...]ive shillings for every quart so sold.

It is also Ordered by this Court; Secr and Clerks dues for a license is 2 s 6 d. That for every License that is taken out from the General Court or County Courts, there shall be allowed to the Se­cretary or Clerk of the Court two shillings and six pence for the same, to be paid by him that hath or taketh out [...]he License.

This Court considering and being deeply sensible of the sad effects and conse­quents that attend Indians being supplied and furnished with Liquors or strong Waters, whereby they have been acquainted with, and exposed unto the commission of a grievous sin, to the great dishonour of God, and abuse of themselves, and great haz [...]rd of the lives and peace of others:

Do therefore Order; That it shall not be lawful for any person whatsoever, No person to sel w [...]ne or l [...]quors to the Indi [...]ns on pen of [...] & 20 [...] the least quantity Male or Female within this Jurisd [...]ction, directly or indirectly, to Sell, Barter, Lend, Give or any other way under any colour or pretence whatsoever, convey to any Indian or Indians, small or great, any st [...]ong-waters or Liquors, Sack or any other sort of Wine of any kinde upon penalty of five pounds for a pint, for every Pint of either Wine or Liquors aforesaid, and twenty shillings for the least quantity (except it be in extraord [...]nary cases by allowance from Authority, one third part of the penalty to be and belong to those that shall inform and prove the delinquency, the rest to the publick Treasury.

This Court considering the great Inconveniencies that do follow the Indians being supplied with strong Drink, &c. notwithstanding all former Orders and Endeavours to prevent the same:

Do Order; That the Accusation, Ind. Test. to be sufficient except the person will by his Oath clear himself Information or Testimony of any Indian or Indians (if the said Indians be found Drunk, or have any Liquors, Wine, Cyd [...]r or strong Drink unlawfully by them) may be accounted sufficient con­viction of any English person whom they shall accuse, inform or testifie against, that they have Sold, Given, Bartered or Conveyed Liquors unto, The Court power upon such con­viction to impose the fine the [...] requires unless such English shall clear themselves by their Oath from any such act of direct or in­direct Selling, Trucking or [...]en [...]ng of Wine, Cyder or Liquors, or other strong Drink to any such Indian or Indians; And it shall be in the power of the Court to impose such fines upon any such Offender as the Law Orders for such Trans­gression.

MAGISTRATES.

THis Court being sensible of the great disorder growing in this Country through the Contempt cast upon the Civil Authority, which willing to prevent.

Do Order, That whosoever shall defame any Court of Justice, [...] of the civil power to be punished per [...] imprisonment &c or the Senten­ces and proceedings of the same, or any of the Magistrates or Judges of any such Court, in respect of any Act or Sentence therein passed, and being thereof law­fully convicted in any Court of Assistants or general Court; he shall be punish­ed for the same by Fine, Imprisonment, Disfranchizement or Banishment, as the quality and measure of the offence shall deserve.

It is also Ordered by the Authority of this Court; Members of Co. for unbe [...]eeming speeches [...] Co. to be reproved &c That if any Member of any Court shall use Reproachful or Unbeseeming speeches or Behaviour to­wards any Magistrate, Judge or Member of the Court in the face of the Court, he shall be sharply Reproved by the Governour, or other Principal Judge of the said Court for the time being; And if the person so Reproved shall Reply again without leave, he shall be bound over to the next Superiour Court to make answer for the same.

[Page 42] And for preventing all occasions of Partial and Vndue Proceedings in Courts of justice, and avoiding of jealousies which may be taken up against [...]udges in that kinde;

It is further Ordered; That in every case of a Civil nature between Party and Party, In what cases a Judge must have no power to vote in Court but may give advice &c. where there shall fall out so near relation between any Judge and any of the Parties, as between Father and Son, either by Nature or Marriage, Brother and Brother, in like kinde Uncle and Nephew, Landlord and Tenant, such Judge though he may have liberty to be present in the Court at the time of Tryal, and give reasonable advice in the case, yet he shall have no power to Vote or give Sentence therein, neither shall he sit as Judge, nor upon the Bench when he gives advice as aforesaid.

MAN-SLAVGHTER.

IT is Ordered by the Authority of this Court; That if any person in the just and necessary defence of his life, [...] in a mans just and necessary defence blameless or the life of any other, shall kill any per­son attempting to Rob or Murther in the Field or High-way, or to break into any Dwelling House, if he conceive he cannot with safety of his own person otherwise take the Fellon or Assailant, or bring him to Tryal, he shall be holden blameless.

MARRIAGE.

FOr the preventing all unlawful Marriages;

It is Ordered by the Authority of this Court; That after the publica­tion hereof, no persons shall be joyned in Marriage before the intentions of the parties proceedings therein hath been published sufficiently at s [...]me publick Lecture or Town meeting in the Towns where the parties or either of them do ordinarily reside, [...] or be set up in Writing fairly written upon some post of their Meeting House Door in publick view, there to stand so as it may be read eight dayes before such Marriage.

And whereas the power of disposal of Children in Marriage doth reside in the hands of Parents, and to prevent irregular proceeding [...] herein;

It is Ordered by this Court; That whatsoever person from henceforth shall directly or indirectly endeavour to draw away the Affections of any Maid in this Colony, [...] upon pretence of Marri [...]ge, before he hath ob [...]ained liberty and allowance from her Parents, Governours or Guardians, he shall forfeit for the first offence f [...]ve pou [...]ds, for the second offence towards the same party ten pounds, and for the th [...]d [...]ffence, upon information or complaint by such Pa­rents or Governours to any Magistrate, giving Bond to prosecute the party, he shall be committed to Prison, and upon hearing and conviction, by the next County Court, he shall be adjudged to continue in Prison until the Court of As­sistants shall see cause to release him.

And as the Ordinance of Marriage is honourable amongst all, so it is meet it should be accordingly solemnized;

It is therefore Ordered by the Authority of this Court; That no person whatsoever in this Jurisdiction, [...] shall joyn any persons together in Marriage, but the Magistrates, or such other as the General Court or Court of Assistants shall Authorize in such places where no Magistrate is near, nor shall any Ma­gistrate or other person as aforesaid, joyn any persons together in Marriage be­fore [Page 47] the parties to be Married have been published according to Law.

MARSHAL.

IT is Ordered by the Authority of this Court; That the Marshals in the se­veral Counties, as well as the Colony Marshal shall be allowed for every Execution he serves under the sum of five pounds, two shillings six pence, Marshals [...] and four pence for every Mile he goeth to serve the said Execution out of the Town he liveth; and for every Execution he serves of or above the sum of five pound, For serving Ex­ecutions▪ and Attach­ments. and under the sum of ten pounds, he shall be allowed three shillings four pence, and four pence for every Mile he goeth as before; and for every Execution he serves of or above the sum of ten pound [...], he shall be allowed five shilling [...], and four pence for every Mile he goeth as before: And it is also Ordered; That the Marshal shall be allowed for every Attachment he serves, half so much as is before allowed him for Executions, only he is to have for every Mile he goes to serve the Attachment as before.

It is further Ordered by this Court; That every person that shall at any time be fined for the breach of any penal Law, or other just cause, Persons breaking a [...]y penal Law to be fined. such person or persons so fined, shall forthwith pay his or their fine or penalty, or give in suffi­cient Security speedily to do it, or shall be imprisoned, or kept to work till it be paid, that so no loss may come to the Colony: And what other Debts or Fines shall be due either to the Colony or any County Treasury within this Colony, the Marshal for the Colony, Marshals to levy Fines: or the respective County Marshals upon Warrant from the Colony or County Treasurer according to his Oath, shall be faithful in doing the duty of his place in levying and returning of the same, pen. [...] upon pe­nalty of forfeiting two shillings of his own Estate fo [...] every Pound not returned, or else such fine as any Court of Assistants or County Court shall impose upon him for his neglect.

Master, Servants and Sojourners.

IT is Ordered by the Authority of this Court; That no Master of a Family shall give entertainment or habitation to any single reason to sojourn in his Family, but by the allowance of the Select men of the Town where he dwells, Sojourners [...] to be entertain­ed without con­sent of the Select men pen [...]0 s per week [...] per­sons not to kee [...] house under the penalty of twenty shillings per week for every weeks entertainment.

And it is also Ordered; That no man that is neither Married, nor hath any Servant, nor is a publick Officer shall keep house of himself without consent of the Town where he lives, under the penalty of twenty shillings per week.

It is also Ordered by this Court; Persons under Guardians unca­pable to make Contracts with­out allowance That no person under the Government of Parents, Masters or Guardians, shall be capable to make any Contract or Bar­gain that in Law shall be accounted valid, unless the said person be authorized or allowed so to Contract or Bargain by his Parent, Master or Guardian.

It is also Ordered; That no Servant man or maid, shall either give, Servants not to trade without Licence. pe [...] sell o [...] change any Commodity whatsoever, without license from their Master, during the time of their service, under pain of fine or Corporal punishment, as the offence shall deserve by the judgement of the Court.

And whereas some stubborn, refractory and discontented Servants and Ap­prentices withdraw themselves from their Masters services:

It is Ordered by this Court; That whatsoever Servants or Apprentices of fifteen years of age or upwards, shall offend in that kinde, before their Cove­nants or Term of service are expired, Servants [...] their time penalt [...] they shall serve their Masters the treble term or threefold time of their absence in such kinde.

It is also Ordered; That when any Servants shall run from their Masters, or any other Inhabitants shall privately go away with suspition of ill intentions, it shall be lawful for the next Assistant or Commissioner, Servants run­ning away to [...] or Constable and two of the chiefest Inhabitants where is no Assistant or Commissioner to press Men and Boats or Pinnaces (if occasion be at the publick charge to pursue such [Page 48] persons by Sea or Land, and bring them back by force.

It is also Ordered by this Court; That if any Servant shall flee from the Tyranny or Cruelty of his or her Master to the House of any Inhabitant of the same Town, Servan [...]s [...] Matters cruelty to be relieved they shall there be protected and sustained till due Order be taken for their relief; Provided due notice thereof be speedily given to their Master from whom they fled, and to the next Magistrate or Constable where the party so fled is harboured.

It is also Ordered; That no Apprentice Bound for the learning of a Trade, shall be put off for above a year to any other, neither in the life time of their Master, nor after their death by their Executors or Administrators, unless it be by consent of Authority assembled in some Court, or two Assistants, otherwise all and every such Assignment to be void in Law.

Measure and Weights.

TO the end Measures and Weights may be the same throughout this Colony, and thereby Righteousness and [...]ustice may be maintained in our Commerce and dealings each with other.

It is Ordered by this Court and the Authority thereof; That each County in this Colony shall at their own proper charge, Every County to [...] weights & mea­s [...]res within the space of six moneths next ensueing, procure sufficient Weights and Measures for their County; ap­proved and tryed by the Colony standards at Hartford, to be preserved and kept in the several and respective County Towns, as Standards for the said Counties; Every Town to provide Town-Standard for weight [...] & mea­sures and within nine months, each Town are to procure from the Coun­ty Standards, Standard [...] for themselves both of Weights and Measures. And all Weights and Measures that are improved by particular persons, shall be tryed by the Town Standards where they dwell, within ten Moneths; and whosoever shall after the first of September, No weights or [...] to be improved by particular persons [...] 1671. make use of any Weights and Measures which are not proved and tryed by the Standards in their respe­ctive Towns, shall forfeit five shillings for every such default to the Treasury of the Cou [...]y wherein that offence is committed.

[...]It is also Ordered; That each Town shall chuse one able and discreet Inha­bitant to be a Sealer of Measures and Weights for their Town, who shall by the next Magistrate or Commissioner be sworn to a faithful attendance of the same; who is to have two pence for every Weight or Measure he Seales, and no Weight or Measure is to be accounted authentick that is not Sealed or Ap­proved by the Clerk.

[...]It is also Ordered; That the Sealers of Weights and Measures in the re­spective Towns, shall once a year Seale the several Weights and Measures that are used in their Town, for which service they shall have a penny for every Weight or Measure Sealed by them, to be paid by the Owners thereof after the first S [...]aling; and all such Weights and Measures as cannot be brought to the just Standard, they are to deface or destroy.

It is further Ordered; That it shall be in the power of the Sealer, sometime in April yearly, [...] time when they will [...] the we [...]ghts [...] penalty [...] to appoint the time and place where he will try the Weights and Measures, and give publick notice thereof to the Inhabitants of their re­spective Towns to bring in their Measures and Weights to be tryed; and whatsoever person shall neglect to bring his Weights and Measures to be tryed the time prefixed by the Clerk, he shall forfeit t [...]ree shillings, the one half part whereof shall be to the Sealer, [...] the other to the publick Treasury, which the Sea­ler shall have power to levy by Distress from time to time; and every Sealer that shall neglect his Duty required in this Order, he shall forfeit forty shillings [...] every such default to the County Treasury.

Military Affaires.

THat the Militia may be so managed as may best advantage the Publick Weal and Safety of this Colony;

It is Ordered by this Court and the Authority thereof; That all Male per­sons of the age from sixteen years of age, to the age of sixty (except Magistrates, Who shall bear Arms. Church officers, allowed Physitians and Chyrurgeons, School-masters, Millers, constant Herds-men, and Marriners, Who to provide Arms. who make it their constant business to go to Sea) shall bear Arms, unless they upon just occasion have exemption gran­ted them by the Court; and every Male person within this Jurisdiction above the age of sixteen years, shall have in continual readiness, a good Musquet, Carbine or other Gun (not less then Bastard Musquet or Coliver Boare) fit for service, allowed by the chief Military Officer, with six Flints to every Fire-lock, and three Fathome of Match to every Match-lock, with a Sword and Ban­dileers, or other serviceable Provision according to Law in the room thereof where such cannot be had; as also such other Amunition as the Law requires, both of Powder and Bullets, upon penalty of five shillings for every defect. penalty 5. s for every defect

And if any Person who is to provide Arms or Amunition, cannot purchase them by such Means as he hath▪ he shall bring to the Clerk so much Corn or other Merchantable Goods, as by App [...]ment of the Clerk, and two of the Company (whereof one to be chosen be the Clerk, Provision for those that want Arms and the other by the par­ty) as shall be judged of a greater value by a fifth part then such Arms and Amunition is of, he shall be excused for the penalty of want of Arms (but not for want of Appearance) until he be provided for: And the Clerk shall en­deavour to furnish him with Arms and Amunition as soon as may be, by sale of such Goods so deposited, rendring the over plus to the party; But if any per­son be not able to provide himself Arms or Amunition, through his meer po­verty, if he be single, he shall be put to Service by any one Assistant or Com­missioner to procure him Estate to purchase Arms with, and his Master shall finde him Arms during his time of Service.

And it is also Ordered; That all the Souldiers within this Jurisdiction shall be Trained at least six times within the year, in the Moneths of March, April, Six dayes Train­ing in a year Chief Officer to appoint the days Company to meet by 8 Clock in the morning May, September, October, & November; by, and according to the appointment of the Captain or other chief Officer of the several Train Bands in the respe­ctive Plantations: and the times of their Meetings together shall be at eight of the Clock in the morning.

It is also Ordered; Train Band to choose their Clark He that refuseth to accept and take Oath being chosen Fined 40 s The Clarke to have a 4th part of all Fines That every Train Band shall choose some suitable per­son of their Company to be Clerk of the said Company, who shall be Sworn to a faithful discharge of his place and office; and whosoever being chosen as aforesaid, shall refuse to accept of the said Office of Clerk, and taking the said Clerks Oath, he shall pay as a fine for the same forty shillings to the use of the Company; and all that refuse the said Place or Oath as before, shall pay forty shillings a piece (as before) till one doth accept the place, and he that doth hold the place shall have a fourth part of all fines for his labour.

And it is also Ordered; Clarks to attend days of exercise and to view Arms and to present all defects once a year at least That the chief Officer of every Train-Band shall cause the Arms and Amunition of all under his command, to be viewed at least once in every year, by appointing them to bring forth their Arms and Amuni­tion at some time and place as he shall appoint, or by sending the Clerk from house to house to view them: And the Clerk shall every Training day give his attendance in the Field (except he hath special leave from his Captain or other chief Officer) to call over the Rolls of the Souldiers, and to take notice of their defects by their absence or otherwise, Magistrates to punish defects and he shall present to the next Assistant or Commissioner all Defects in Arms or Amunition, at least once in every year, and oftner if it be required, and the several Magistrates (and Commissioners in their respective Plantations) are hereby impowred to punish all Defects in that kinde according to the nature of the offence, wherein due care is to be had that wilful neglects in any do not pass without Sensure according to Law.

[Page 50]And whosoever shall be absent any of the dayes appointed for Training af­ter the honor appointed, or shall not continue the whole time, shall forfeit two shillings and six pence for every default in Corn or Money, except within fourteen dayes he bring a certificate to the Clerk, [...]ines for neglect of training 26 [...] day to be paid in corn or mony within 14 dayes or else 5 sh. half to the Company and half to the Clerk. from two of the chief Officers of that Company to which he doth belong to free him; And if he neither bring a Certificate, nor his fine, being demanded, then the Clerk of the Band hath hereby power to distrain five shillings in Corn, or some Pay equivolent for eve­ry such default, two shillings six pence whereof shall be to himself, and two shil­lings six pence to the Company, for the maintenance of Drumms and Colours, &c. And if the Clerk shall neglect his duty in gathering the fines, at least once a year, Clerks neglect, penalty double: he shall forfeit to the use of the Company double the fines so neg­lected to be gathered by him.

And whereas it is convenient that the several Souldiers of the Trained Bands in the respectiv [...] Towns within thi [...] Colony have some Powder allowed them to pra­ctise and exercise in their several firings upon their Training dayes;

It is therefore Ordered; That there shall be allowed to the several Souldiers of the Trained Bands in the respective Towns, a Pound of Powder a piece eve­ry year, Allowance of powder to each Souldier to im­prove in firings on dayes of [...] to be provided by, and at the proper Costs and Charges of the Masters of each Family unto which the said Souldiers do belong, to be called forth, im­proved and d [...]sposed of, at the discretion of the Captain or other principal Leaders in each Trained Bands.

This Court considering the state and condition of this Colony, by reason of In­dians, and otherwise are desirous to use all due means for the preservation and safety of the same, and in order thereunto.

Do now Order; That the Treasurer for the time being, and at all times hereafter, A publick Maga­zeen of powder and shot to be provided and maintained. shall at the publick charge of the Colony, procure, keep and main­tain a Magaziene of Powder and Shot, to be ready for the use of the Colony, as occasion may call for the same, and for the quantity thereof, he is to take his direction from time to time of the Governour and Council.

It is also Ordered; That every Souldier and Person required to provide Arms, every Soldiers p [...]rticular stock of Ammunition every defect 5. s. shall alwayes have in readiness by them one pound of Powder, and four pound of Bullet [...], upon penalty of five shill [...]ngs for every defect.

It is further Ordered; That every Town shall keep and maintain alwayes in readiness, Towns sto [...]k of Ammunition so much Powder and Bullets as may make with every particular mans provision required by Law, so much Powder and Bullets as may make three pounds of Powder, and tw [...]lve pounds of Bullets or Lead for every person required to provide Arms within their limits, pen. 10▪ pound upon the penalty of ten pounds forfeiture, to be paid to the Publick Treasury, for every neglect and breach of this Order.

It is also Ordered; That the General Court only from time to time shall have power to establish and confirm all Commission Officers, The General Court to confirm Commission Offi­ers. both of the Horse and Foot, and none but such as the General Court doth confirm, shall be deemed Commission Officers: It is also left in the power of the County Courts from time to time, as need requires, to establish Sergeants for the Foot, and Corpo­rals for the Horse for the respective Companies and Troops within their Coun­ties, The County Court to con­firm other Offi­cers. The Companies to nominate their Officers. Every Regiment to [...] a Serg. [...]. but the several Companies are to Nominate their Officers to the Court for their Approbation and Confirmation.

It is also Ordered; That there shall be appointed in each County in this Colony, a Sergeant Major (by the General Court) who shall have the Com­mand of all the Regiment of Souldiers within his County, and be Installed in his Office by one appointed by the General Court

A General Must­er in e [...]ch Coun­ty once in four years.Which Major shall have power once in four years to draw forth his Regi [...]ment into one convenient place, and there to put every Captain and Officer of their Companies in their places, and to instruct them in their Duties [...]cording to the Rules of Military Discipline, and to exercise his Regiment both of Horse and foot according to his best skill as if he were to lead them forth against an Enemy.

[Page 51]And further, it shall be in the power of the Sergeant Major: and he is hereby Or­dered once a year to call all the Commission officers of his Regiment to meet at such a time and place as he shall appoint, Serg. Majors po­wer to call all Commission Offi­cers to meet him once a year, &c there to consult and consider together of the best way of managing their Military Affaires for the publick Advantage, and the said Major is to require an account of the several officers of his Regi­ment how their Companies are provided with Arms and Ammunition, and communicate to them such Orders and Instructions as he shall receive from the General Court from time to time.

And it is by this Court Declared; The Governour the General of al our Military Forces That the Governour for the time being is the General of all the Military Forces within this Colony, but when we shall have occasion to send forth an Army against an Enemy: The General Court may appoint some Commander in chief for that service until the Forces [...] shall be dis banded.

Whereas it is left in the power of the chief Military Officers of the respe­ctive Companies within this Colony to appoint the dayes of Training: three days warn­ing for trainings It is now Ordered, that they shall give three dayes warning at least for the same in some publick meeting, or by some other way agreed upon by the respective Companies.

It is als [...] Ordered; That the Captains, Lieutenants, Ensignes, [...] Officers freedome Cornets and Quarte [...] Masters, shall be freed from Watching and Warding, and the Serge­ants on Foot, and Corporals of the Horse from Warding and half their Watch.

It is also Ordered; That any three chief Officers of each Compa­ny, Officers power to punish offen­ders; Offenders liberty to appeal shall have power to punish such Inferiour Officers or Souldiers as shall commit any Disorder or Contempt upon any day or time of Military Exercise, by any usual Military punishment, or by fine, not exceeding twenty shillings, except they enter an Appeal from such Sentence to the next County Court, which they have hereby liberty to do.

It is also Ordered, That in case there fall out any suddain Exigent in any Plantation in this Colony, by Assault of Indians or any other Enemy, Officers power in sudden exi­gents by assault of an Enemy to the disturbance and hazard of the Publick peace; in every such Case, it shall be Lawfull and in the Power of the Military Officers of the place so disturbed, to Require and call forth all the Souldiers under their Command, and to Marshal, Order and dispose them as the present Occasion shall require, to Defend the place assaulted, and to quit the Enemy: And in case need so require, to Assist a Neighbour Plantation in any extremity as aforesaid; but in every such case (if it can with safety be obtained) they shall advise with the next Magistrate, what way to act for releif of their Neighbours; and this course to be taken upon all occasions from time to time till the Court shall Order otherwise.

It is also Ordered, That in every Train Band, wherein is Sixty four Souldiers besides Officers, they shall have Liberty to have Captain, What Officers every Company is to have Lieutenant & Ensign and four Sergeants, and where there are Thirty two Souldiers, they shall have a Lieutenant and Ensigne, and two Sergants, and where there are but twenty four Souldiers, they shall have but two Sergants.

It is also Ordered, That every Commission Officer, shall take forth his Com­mission from the General Court, Signed by the Governour, Every Commissi­on Officer to take out his Commission with the Seale of the Colony affixed to it.

Mills and Millers.

IT is Ordered by this Court, That each Miller in this Colony, or owners of Mills, shall be allowed for the grinding of each bushell of Indian corn, Mile to be al­lowed a 12th part of Indian and a 16th part of all other graine [...]. a Twelfth part, and for other graines, a Sixteenth part, Provided that this Order shall no wayes prejudice or nullifie any former agreement made in any Town respecting grinding at their Mills.

It is also Ordered, All Mills to be provided w [...]th Sealed Tole D [...]shes. That there shall be provided for every Mill within this Colony, Tole dishes, one of a Pint, one of a Quart, one of two Quarts, all Seal [...]d measures, with an Instument to strike the dishes when Tole is taken.

Ministers Maintenance.

THis Court for the due encouragement and maintenance of the Ministry in all Societies and Congregations within this Colony,

Do Order; That all those who are or ought to be taught in the Word in the several Plantations, The Inhabitants to be called to­gether once a year to consider what to allow their Minister▪ what the Major part determine, that to stand. shall be respectively called together once in each year, to consider what may be a meet maintenance for the Ministry of that Society to which they belong, and [...] same; and whatsoever Sum shall be agreed upon by the Major part of the Society, the particular Sums assessed upon each person by a just Rate, shall be Collected and Levied as other Town Rates; Provided, where there are more then one Assembly in a Town, they shall severally meet to Consider and Determine as aforesaid, Proviso. If a suitable maintenance be not allowed, the County Court upon Complaint made hereof are to appoint the same. and all persons shall Contribute to one or both of those Societies within their Township: And in case any Society shall faile of allowing a suitable maintenance to the Mini­ster or Ministry of their Society, upon Information or Complaint made there­of to the next County Court in that County, they are hereby Ordered to ap­point what maintenance shall be allowed to the Minister, and shall Order the Select men to Assess the Inhabitants, which Assessment shall be levied by some Officer appointed thereto, as other Rates, and in Wheat, Peas and Indian Corn a third of each; Alwayes [...] an Honourable allowance be made to the Mi­nistry If any Town be grieved at the County Courts Issue upon Com­plaint to the General Court it will be consider­ed. [...]ayes Provided, that an Honourable allowance be made to every Minister, according to the ability of the place or people, and if any Town shall finde themselves burthened by the Assessment of the County Court, they sha [...]l have liberty to complain to the General Court, which will be ready to hear such Complaints.

Mines and Minerals.

FOr the encouragement of such as will lay out themselves upon the discovery of Mines or Minerals for the publick good:

Discoverers of Mines to be re­wardedIt is Ordered by the Authority of this Court; That whosoever shall expend their Time or Estate upon such Discoveries, and purchase them for the Coun­try, he shall be honourably rewarded (out of what he doth discover) for the same.

MONOPOLIES.

IT is Ordered; That there shall be no Monopolies granted or allowed a­mongst us, Monopolies to be only of profi­table Inventions and for such time as the General Court shall judg meet but of such new Inventions as shall be judged profitable for the Country, and that for such time as the General Court shall judge meet.

Night-Walkers.

FOr the preventing of unseasonable Night-walking;

It Ordered by this Court and the Authority thereof; That if any persons young or old within this Colony that are under Parents or Masters Govern­ment, Uns [...]sonable night-walkers to pay. shall convene or meet together, or be entertained in any House without the consent or approbation of their Parents or Governours, after the shutting in of the Evening, any longer then to discharge they are sent about; or if any persons shall be discovered to meet together, 20. s. Fine and those that enter­tain them 10. s. and to associate themselves with their Companions abroad in the Streets or Fields after the time aforesaid, un­seasonably, the persons that are lawfully convicted to be guilty hereof, shall pay Ten Shillings p. person, for every such transgression, and the head of that Family that entertains them, or tolerates them in their house, shall forfeit Ten Shillings. Whereof, Or sit in the Stocks one hour at the lea [...]t. Two Shillings and Six pence shall be to the Complainer out of each Fine, the rest to the publick Treasury. This Order extends to Sojourners and Boarders, Constables to search for such offenders. or any that make their aboade in this Colony above one Moneth and in case any be unable to pay their Fine, The Constable is hereby required to set such in the Stocks, there to continue one hour at least, and the Constable is also required as there shall be occasion to make search after such persons as shall transgress this Law.

OATHS.

I A. B. being by the Providence of God an Inhabitant within the Colony of Connecticut do freely and sincerely acknowledge my self to be subject to the Government thereof, The Oath of Fi­delity and do Swear by the great and Dreadful Name of the Ever living God, that I will be true and faithful unto the same, and will accord­ingly as in duty I am bound yeild Assistance therunto with my person and estate and also will truely endeavour to maintain and preserve all the liberties and Priviledges thereof, submitting my self to the wholsome Orders and Laws made and established by lawful Authority, and further, that I will not plott or pra­ctice any evil against it, or consent to any that shall so do but will timely disco­ver the same to lawful Authority here established, for the speedy preventing hereof: So help me God in our Lord Jesus Christ.

You A. B. being by the Providence of God an Inhabitant within the Jurisdi­ction of Conecticut being now to be made free, The Freemans Oath do acknowledge your self to be subject to the Government thereof, and do Swear by the great and fearful Name of the Ever-living God, to be true and faithful unto the same, and do submit both your person and estate thereunto, according to all the wholsom Laws and Orders that there are or hereafter shall be there made and established by lawful Authority, according to the tenor of the Charter granted to this Co­lony; and that you will neither Plot nor Practice any evil against the same, nor consent to any that shall so do, but will timely discover the same to lawful Authority here established; and that you will as in duty you are bound main­tain the honour of the same, and of the lawful Magistrates thereof promoteing the publick good of it whilest you shall so continue an Inhabitant there, and whensoever you shall give your Vote or Suffrage touching any matter which concerns this Colony being called thereunto, you will give it as in your Consci­ence you shall judge may conduce to the best good of the same, without re­spect of persons or favour of any man; So help you God in our Lord Jesus Christ.

I J. W. now chosen to be Governour over this Colony of Conecticut for this year ensuing, and until a new be Chosen and Sworn; Do Swear by the Great and Dreadful Name of the Everlasting God to promote the publick Good and Peace of the same, according to the best of my skill; The Governours Oath as also I will maintain the lawful Priviledges of this Colony, as also that all wholsome Laws and Orders that are or shall be made by lawful Authority here established con­sonant to our Charter be duely executed, and will further the Execution of Justice for the time aforesaid, according to the Rules of Gods Word, and the Laws of this Colony; So help me God in our Lord Jesus Christ.

I W. L. now chosen to be Deputy Governour over this Colony of Co­necticut for this year ensuing, and until a new be Chosen and Sworn; The Deputy Governours Oath Do Swear as in the Governours Oath Mutatis Mutandis.

You S. W. being chosen an Assistant over this Jurisdiction for the year ensuing; Do Swear by the Great and Dreadful Name of the Ever-living God, to promote the publick Good and Peace of the same, The Assistants Oath according to the best of my skill, and that I will maintain all the lawful Priviledges thereof according to my understanding; as also Assist in the Execution of all such wholsome Laws and Orders as are or shall be made by lawful Authority here established Consonant to our Charter; and will further the Execution of Justice for the time aforesaid, according to the Righteous Rules of Gods Word, and the Laws of this Colony; So help me God in our Lord Jesus Christ.

You J. T. being Chosen Treasurer for the Colony of Conecticut, for the year ensuing, and until a new be Chosen, The Treasure [...] Oath Do Swear by the Great Name of God, that you will according to the best of your skill attend the place & Office [...] of a Treasurer for this Colony, in sending out your Warrants for Collecting all such Sums of Money as are due to the Colony by Fines, Rates or otherwise, and that you will pay out the same in such Sums, and in such manner as you [Page 54] shall be appointed to by the Court, as you shall have it in the Common Trea­sury, and that you will according to Law see the Constables make up their Accompts with you, or Fine them according to Law for their neglect, and that you will render a true Accompt of all things concerning your Office, when you are called thereunto by the General Court; So help you God, &c.

You I. A. Being chosen Secretary for the Colony of Conecticut for the year ensuing, The Secretaries Oath. and until a new be chosen. Do Swear by the Great Name of God, that you shall keep the Secrets of the Court, and carefully execute the place and Office of a Secretary according to the best of your skill, and shall truly and Faithfully record all Acts and Orders of the Court, and shall deliver true Copies and Certificates, when they shall be necessarily required of you; So help you God, &c.

You B N. Being chosen a Commissioner by the plantation of W, For the year en [...]uing, The Commissio­ners Oath. do Swear, that you will do equal right and Justice in all cases that shall come before you, after your best skill according to the extent of your Commission; So help you God, &c.

You I. G. Being appointed Marshal for the Colony of Conecticut; Do Swear by the Great and Living God, that you will with all Faithfulness and Diligence serve all such Attachments as shall be directed unto you, (and come into your hand,) by lawful Authority, and return them to the Court where they are returnable, as also that you will serve all such Executions granted by the Secretary, Treasurer, or other Clerke Authorized thereunto, delivered into your hands, The Marshals Oath. and Collect or Levy the Goods you are directed to according to the said Execution, whether it be for the publick Treasury, or particular per­sons; And that you will with convenient speed deliver such Goods as you shall Levy as aforesaid, into the hands of the Treasurer or other particular per­son or persons to whom they do belong; And that you will do and Execute all such lawful Commands, Directions and Warrants as you shall receive from the Governour, or any Magistrate or Magistrates, Court or Courts according to your Office, and thus during the whole time you shall continue in your Of­fice you will demean your self without respect of persons, or favour of any man; But in case you meet with any difficulty which you cannot resolve, In such case you may suspend till you may have Advice therein from the Authori­ty; So help you in our Lo [...]d Jesus Christ.

The Grand Ju­ries Oath.You do Swear by the Great Name of the Ever Living God, that you will with all due Care and Faithfulness make presentment according to Order at the next County Court in this County, such misdemeanours and Trans­gressions of the Laws and Orders of this Colony as shall come to your Cogni­zance and Knowledge (unless some necessary and rel [...]gious tye of Conscience surely bottomed upon the Word of God bind you to Secrecy) as also all such things as you shall find out which are contrary to Religion and peace; And whatsoever shall be legally committed to your judgement by the Court, you shall return a True and just Verdict thereof accord [...]ng to the evidences given you, and the Laws here established; So help you God &c.

You do Swear by the Great Name of A [...]mighty God, that you without re­spect of person or favour of any man well and truly Try, The Iury of Life and Death their Oath. and true deliverance make of such Prisoners at the Barr, as you shall have in Charge according to the evidence given you in Court, and the Laws of this Colony; So help you God in our Lord Jesus Christ.

You do Swear by the Living God, that you will duely try the Causes now to be given you in charge between the Plaintiffe and Defendant, The Petty Iuries Oath. or Plaintiffs and Defendants, according to the Evidence given you in Court and the Laws of this Colony, and accordingly a true Verdict give, your own counsels and your Fellows you shall duely observe and keep, you shall speak nothing to any one of the Business and Matters you have in hand▪ but among your selves, nor shall you suffer any to speak unto you about the same but in Court, and when [Page 55] you are agreed of any Verdict you shall keep it secret till you deliver it up in Court; So help you God in our Lord Jesus Christ.

You Swear by the Living God, that the Evidence you shall give to this Court concerning the case now in question shall be the Truth, Witnesses Oath the whole Truth and nothing but the Truth; So help you God in our Lord Jesus Christ.

You C. D. Do Swear by the Great and Dreadful Name of God, that for the year ensueing, and until new be Chosen and Sworn, Constables Oath you will faithfully execute the Place and Office of a Constable for, and within the Plantation of H. and rhe limits thereof, and that you will endeavour to preserve the pub­lick peace of the said Place and Colony, and will do your best endeavour to see all Watches and Wards executed and duely attended, and to obey and execute all lawfal Commands or Warrants that come from any Magistrate or Magi­strates or Court, and execute all such Orders of Court as are committed to your care, according to your best skill; So help you God in our Lord Jesus Christ.

You N. W. Being appointed to be Clerk of the Train Band of H. Do Swear truely to perform the Office of a Clerk of Trained Band to the utmost of your ability or endeavours, Clerk of Trained Band his Oath according to the particulars specified (and pe­culiar to your Office) in the Military Laws; So help you God, &c.

Whereas you H. R. are Chosen a Searcher and Sealer of Leather for the Town of Hartford for this Year ensuing, and until a new be Chosen and Sworn, Leather Sealer his Oath You do Swear by the Living God, you will faithfully and carefully attend the execution of your Office for the publick good according to the true intent of the Laws and Orders in such case provided, So help you God, &c.

You R. S. being Chosen a Fence viewer for the Town of H. for the year ensueing, and until a new be Chosen and Sworn; Do Swear by the living God, Fence viewers their Oath that you will duely and faithfully attend the Office of a Fence Viewer according to the best of your skill, not only in viewing the Fences, but also in moderately fining all defects in Fences, and gathering the same according to Law, or returning the Names of those you fine for Defects in their Fences with their fines to the next Magistrate, that so Execution may be granted and levied; So help you God, &c.

Whereas you J. G. and D. P. are appointed to Apprize such Lands or Goods as are now to be presented to you; Apprizers Oath. You do Swear by the Great and Dreadful Name of the Ever [...]living God, that all Partiality, Prejudice, and other sinister respects laid aside, you will Apprize the same, and every part thereof according to the true and just value thereof at this present by common account, by your best Judgement and Conscience; So help you God, &c.

It is Ordered by this Court; No Oath to be Urged but such as the Gen [...]al Court Order and [...] long they [...]ind. That no Man shall be urged to take any Oath but such as the General Court hath considered, allowed and required: And that no Oath of any Magistrate, Councellor or any other Officer shall bind him any farther or longer then he is resident or reputed an Inhabitant in this Juris­diction.

OPPRESSION.

WHereas Oppression is a mischievous Evil the Nature of man is prone unto, and that men may not Oppress and Wrong their Neighbours by taking excessive Wages for Work, or unreasonable Prizes for such necessary Merchandize or Commodities as shall pass from Man to Man;

It is Ordered by the Authority of this Court; Oppression to be Punished. That if any person or persons shall offend in any of the said Cases, he shall be punished by Fine or Impri­sonment according to the quality of the Offence, as the Court to which he is presented upon lawful Tryal and Conviction shall determine.

Peace breakers to be punished.

IT is Ordered by this Court; That whosoever shall disturb the Peace by Tu­multuous and Offensive Carriages, Traducing, Quarrelling, Challenging, Assaulting, Beating, Striking any other person, he shall be liable to pay to the party hurt or stricken, just damages, together with such fine to the Publick Trea­sury, as on consideration of the party smiting or being smit, & with what Instru­ment, danger more or less, time, place, provocation, &c. shall be judged just and reasonable to the merit of the offence, according to the judgment of the Judges.

PETITION.

IT is Ordered by the Authority of this Court; That for each Petition that is presented to the General Court in any Session thereof, there shall be paid the sum of ten shillings by the Petitioner or he that presents it before it be read, 10. s: to be paid [...] every [...] and the Secretary is to take care to see it paid as aforesaid; and for his pains therein he is allowed the one half of the ten shillings.

PIPE-STAVES.

FOr the Regulating of Pipe-staves that are to be transported into any parts of Spain, Portugal, or either of their Dominions, or elsewhere to be used for the making of tight Cask:

It is Ordered by the Authority of this Court; That all Pipe-staves that are to be transported as aforesaid, shall be four foot and six inches in length, and three inches and a half in breadth, [...]ize of Pipe-staves without Sap, and in thickness at least half an inch, and not above five worm holes in one Stave, well and even hewed sufficient for that use.

And it is Ordered▪ That the Towns-men in each Plantation where such Goods or Staves are used to be shipped, Searchers to be oppointed and Sworn shall from time to time appoint two men, Inhabitants of their Town, skilful in that Commodity to be Viewers of Pipe-staves, who shall by the next assistant or Commissioner be Sworn to a faithful discharge of this trust, as also to cast by all such Staves as they shall judge not Merchantable according to this Order, and they shall keep by them a Record of the number of all such Staves as they judge Merchantable, To keep a Re­cord of what staves they ap­prove and whose they were when viewed.

And if any Man shall Ship or Deliver on Board any Vessel any Pipe-staves to be transported into Spain or Portugal, Staves not approved if shipped to be forfeit except such as are Searched and Ap­proved by the Searcher as aforesaid, or such as are shipped for Dry Cask, they shall forfeit the said parcel or the value thereof; and the said Searcher shall be allowed two shillings for every Thousand of Pipe-staves which they shall search, [...]earche [...] does [...]. s. a 1000 as well the Refuge as the Merchatable, to be paid by him that sets him a work.

Masters of ships receivi [...]g unlaw­ful staves to be fined 5. l.And if any Master or other Officer of any Ship or other Vessel shall receive into such Ship or other Vessels any parcel of Pipe staves to be transported unto any of the said Dominions, which shall not be Searched and allowed as Mer­chantable, and so certified by a Note under the hands of the said Viewers, or one of them, every such Master shall forfeit for every Thousand of such Pipe staves so unduely received five Pounds, to the Publick Treasury two thirds, and one third part of such fine shall be to him that discovers and prosecutes the same: Staves for dry Cask may be transported Provided, Cask staves, or other Red Oak Staves may be transported into those parts which are good to make Dry Cask for that end.

POSSESSION.

THis Court being sensible of the great Trouble and Contention that doth and may arise in this Colony, by reason of the great Defects that are [...] ▪ [Page 57] Records and Alienations of Houses and Lands, that due form of Law not being lawfully attended which is requisite in such Affairs; For the prevention whereof, and that future trouble may be avoided, and that Righteousness and Justice may be mainta [...]ned;

It is Ordered by this Court and the Authority thereof; That what person or persons soever, that hath either Himself, his Grantees or Assignes, stood possessed in his or their own proper right in Fee simple of any Houses or Lands within this Colony, without being interrupted by any person or persons laying claim thereunto, and prosecuting their claim in due form of Law, sometime betwixt the Publication hereof and the last of November, One Thousand six Hundred and sixty eight, such Person or persons so possessed of any Houses, parcel or parcels of Land as aforesaid, have power to Enter and Record the same to him or themselves, and his or their Heirs and Assignes for ever, in the Book of Re­cords of that Town where the said Houses and Lands lieth, paying a meet recompence to the Recorder for his pains; and a Record under the Recorders hand, and one of the Select men of that Town, and a Commissioner or Assi­stant, shall be a sufficient and legal evidence to all and every person or persons that shall have the same to all intents, ends and purposes for the holding of the same firm to him or them, his or their Heirs and Assignes for ever; Provided this Law includes not Orphans under age, and Proprietors in forreign parts, who possibly may be incapacitated to make good their claims within the fore­mentioned limited time.

POOR.

IT is Ordered by the Authority of this Court; That every Town within this Colony, shall maintaine their own poor: and if any that have Re­liefe from any Town, do not imploy their children as they ought, Every Town to provide for their own poor. towards the getting of a lively hold, or if there be any Family that cannot or do not provide Competently for their Children, Select mens po­wer to dipo [...]e [...] [...]hildren in case. whereby they are exposed to want and ex­treamity, it shall be in the power of the Select men of each Town with ad­vice of the next Magistrate, to place out such Children, into good Families where they may be better brought up and Provided for.

It is also Ordered; That if any person come to live in any Town in this Government, and be there received and entertained three months, if by sick­ness, lameness or the like, he comes to want reliefe; He that abides [...] in a town without being warned out shall be their proper charge. he shall be provided for by that Town wherin he was so long entertained, and shall be reputed their proper charge, unless such person have within the said three months been war­ned by the Constable, or some one or more of the Select men of that Town, not there to abide without leave first obtained of the Town, and certifie the same to the next Court of Assistants, who shall otherwise Order the charge arising about him according to Justice.

Pound, and Pound breach.

FOr prevention and due Recompence of Damage in Corn fields, and other Inclosures done by Swine and Cattle;

It is Ordered by this Court, and the Authority thereof, Every Town and Village to provid a Pound. That there shall be one sufficient Pound or more made and maintained in every Town and village within this Jurisdiction, for the Impounding of all such Swine and Cattle as shall be found in any corn-field or other inclosure: Owners of Cattel & Swine impounded to have no­tice And whosoever pounds any Swine or Cattle, shall give present notice to the Owners if they be known, or otherwise they shall be cryed at the two next Publick Meetings; and if Swine or Cattle escape out of the Pound, I [...] no owners ap­pear then [...] Cryed the Owner if known shall pay all damages according to Law.

It is also Ordered; That all Cattle and Swine that are taken Damage Fei­ [...]nt, and Impounded, shall pay eight pence a head, [...] six pence to him or them that [Page 58] drive them to Pound, and two pence [...] head to him that keeps the Key, except Sheep, [...] sheep who shal Pay 1 penny p. head for which there shall be paid one penny a head, a fourth [...] of which shall be to him that keeps the Key, the other part to him that drives them.

And whereas Impound [...]ng of Cattle in case of Trespass hath been alwayes found needful, and all the breaches about the same very offensive and injurious:

[...] 40. s pound breach 5 lIt is therefore Ordered; That if any person shall resist or rescue any Cattle 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 Publick Treasury forty shillings, and in case of Pound breach five pounds, & damages to be paid, if not able [...] service [...] and shall also pay all damages to the party wronged; And if in the Rescue any bodily harms be done to person or otherwise, they shall have reme­dy against the Rescuers: And if either be done of any not of ability to answer the Damage and forfeit aforesaid, they shall be whipt by Warrant from any Assistant before whom the Offender is convicted, in the Town where the Of­fence is committed, [...] part [...] to go to the com­plain [...] 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 part 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 nine moneths, otherwise it shall not be heard.

Prophane Swearing.

IT is Ordered by this Court; That if any person within this Colony shall Swear rashly and vainly, [...] either by the Holy Name of God, or any other Oath; or shall sinfully and wickedly Curse any, he shall forfeit to the Treasury for every such several Offence ten shillings, and it shall be in the power of any Assistant or Commissioner by Warrant to the Constable, to call such person or persons before him, and upon just proof, to pass Sentence according to Law, and Levy the said penalty according to the usual order of justice; [...] not less than one hour and if such persons be not able or shall utterly refuse to pay the aforesaid fine, he shall be committed to the Stocks, there to continue, not exceeding three hours, and not less then one hour.

Prophanation of the Sabbath.

WHereas the Sanctification of the Sabbath is a matter of great concern­ment to the Weal of a People, and the Prophanation thereof is that as brings down the judgements of God upon that Place or People that suffer the same;

It is therefore Ordered by this Court; That if any person shall Prophane the Sabbath, Proph [...]nation of the Sabbath by labour or play [...] by unnecessary Travail, or Playing thereon in the time of publick Worship, or before or after, or shall keep out of the Meeting house during the time of publick Worship unnecessarily, there being convenient room in the House, he shall Pay five shillings for every such offence, or sit in the Stocks one hour, any one Assistant or Commissioner to hear and determine any such case▪ And the Constables in the several Plantations are hereby required to make search after all Offenders against this Law, and to make return of those they shall finde transgressing to the next Assistant or Commissioner.

PVNISHMENT.

[...]IT is Ordered by the Authority of this Court, that no Person shall be twice sentenced by Civil Justice for one and the same Crime, Trespass or Offence, for bodily punishment, none shall be inflicted that are Inhumane, Barbarous or Cruel.

RATES.

IT is Ordered by the Authority of this Court; That every Inhabirant shall [...]henceforth contribute to all Charges both in Church and Colony whereof he doth or may receive benefit, and every such Inhabitant, All persons [...] pay to common Charges. who shall not volunta­rily contribute proportionably to his ability, with the rest of the same Town to all Charges both Civil and Ecclesiastical, shall be compelled thereunto by assess­ment and distress, to be levied by the Constable or other Officer of the Town, as in other cases, Lands to be le­vied where they lye and persons where they dwel and that the Lands and Estates of all men wherever they dwell shall be Rated for all Town-charges, both Civil and Ecclesiastical as aforesaid, the Lands and Estates where they shall lye, and their Persons where they dwell.

For a more equal and ready way of raising means for defraying of Publick Charges in time to come;

It is Ordered by this Court; That the Treasurer for the time being, shall from year to year, in the first Moneth, without expecting any other Order, Treasurer once a year to send forth his war­rants, each Town to choose 3 or 4 Listers. send forth his Warrant to the Constables of every Town within this Jurisdi­ction, requiring the Constable to call the Inhabitants of the Town together (who being so assembled) shall chuse three or four of their able Inhabi­tants, who shall some time or times in the sixth Moneth then next, make a List of all the Male persons in the same Town, from sixteen years old and upwards, (except Assistants, Commissioners, Ministers of the Gospel, What persons exempted the List. Phy­sicians and Scoole Masters,) And a true estimation of all personal and reall estate, being (or reputed to be) the estate of all and every the persons in the same Town, or otherwise under their Custody or managing, according to the just valuation; and to what persons the same belong, whether in their own Town or other where, so near as they can by all Lawfull wayes and meanes which they may use viz. of Ware-houses, Shops, Work-houses, What Cattle ex­empted the List. Lands of all sorts as well unbroken as other (except such as doth or shall ly common for free feed of Cattle, to the use of the Inhabitants in general) whether belonging to Towns or particular persons, but not to be kept or hearded upon to the damage of the Proprieters, Mills, Ships, and all Vessels off the stocks, Merchantable goods, Cranes, Wharfes, and all sorts of Cattle (except Sheep, Bulls and Boars) and all other known Estate whatsoever, either at Sea or on Shore, What Estate to be Rated. all which Persons and Estates are by the said three or four men to be Assessed and va­lued as hereafter followeth, every person aforesaid at eighteen pound a head, and for a more certain Rule of rateing of Cattle, every Cow of four years old and upward, shall be valued at four pounds, persons va [...]ued at 18 pound every Oxe of five years old and upward five pounds, every Steer of four year old four pounds, every Steer or Heifer of thre [...] year old three pounds, Pri [...] of Cattel in the [...]. every Steer or Heifer of two years old two pounds, every Steer or Heifer of one year old one pound; all Horses and Mares of four years old and upwards four pounds, all Horse kinde of three years old three pounds, all Horse kinde of two years old two pounds, and all Horse kinde of one year old one pound; every Goat above one year old eight shillings, every Swine above one year old twenty shillings; and all Cattle of all sorts, under a year old are hereby exempted, [...] Cattel [...] year old [...] Corn and Hay exempted the [...]. as also all Hay and Corn in the Husband mans hand. Because all Meadows Eatable Ground and Cattel are rateable as afore­said, and for all such persons as by the advantage of their Arts and Trades [...] more able to help bear the publick Charge then common Labourers and Workemen, as Butchers, Bakers, Brewers, Victuallers, Smiths, Carpenters, Artificers and Handicrafts men to be Rated ac­cording to their returns. Proviso. Taylors, Shoomakers, Joyners, Barbers, Millers, Masons, with all other ma­nual persons and Artists. Such shall be Rated for their Returns and gain [...] pro­portionable to other men, for the produce of their Estates. Provided that in the Rate by the Po [...], such persons as are dismabled by sickness, lameness, or other infirmities shall be exempted, and for such Servants and Children as take not wages their [...] and Masters shall pay for them, but such as take wages shall pay for the [...] selves.

[Page 60]And it is further Ordered; That one of the Deputies in each Plantation throughout this Jurisdiction, Dep [...] to meet [...] the 2d thurs­day in Octo [...] shall yearly meet at Hartford, upon the first day of the sitting of the General Court the second Thursday in October, and bring with them fairly written the just number of Males listed as aforesaid, and the Assessments of Estates made in their several Towns according to the Rules and directions in this present Order expressed. To examine and transmit the [...]sts to the Gener Co And the said Deputies being so assembled, and the Gen: Co to grant [...] Rates shall duely and carefully Examine all the said Lists and assessments of the severall Towns, and shall Correct and perfect the same according to the true intent of this Order; and the same so perfected, they shall Transmit un­der their hands to the General Court then in being, who shall Grant from time to time such Rates as shall be necessary, and give directions to the Treasurer for the gathering of the same, Lands & Estates to be rated where they lye and every one shall pay his Rates to the Constable of the Town where it is assessed; Nor shall any Land or Estate be Rated in any Town but where the same shall lye, is or was improved to the owners, reputed owners, or other proprietors use or behoof, if it be within this Juris­diction; and for all peculiars, viz. Such places as are not yet laid within the bounds of any Town, peculiars to be Rated with the next Town the same lands with the persons and estates thereupon, shall be assessed by the Rates of the Town next unto it, the measure or estima­tion shall be by the distances of the meeting houses.

And if any of the said Listers, or of the said Deputies shall fail or neglect to perform the trust committed to them by this Order, in not making, correct­ing, List [...] & Deput: neglect pen 40 s perfecting or transmitting any of the said Lists or Assessments according to the intent of this Order, every such Offender shall be fined forty shillings for every such Offence, provided they be [...] or so much as the Country shall be damnified thereby, so it exceeds not forty shillings for one offence; Provided that such Offence or Offences be complained of and prosecuted in due course of Law within six months after the same is committed.

What the Officer [...]And is also Ordered; upon all Distresses to be taken for any of the Rates and Assessments aforesaid, the Officer shall Distrain Goods and Cattle if they may be had, and if no Goods or Cattle, then Lands or Houses, and if no Goods, Cattle or Lands can be had within the Town where such Dist [...]esses are to be ta­ken, then upon such returns to the Treasurer, he shall give Warrant to Attach the body of such persons to be carried to Prison, there to be kept till the Court, except they put in Security for their appearance there, or that payment be made in the mean time.

Rates in what to be paid, and the [...], how to be appointedIt is also Ordered; That all Rates shall be paid in Wheat, Peas and Indian Core, by an equal proportion of each, or Pork; the prizes of each shall be appointed by the General Court from time to time; And in default thereof, they shall be paid at the common price with the Merchant.

Rate [...] to be made by one ruleIt is further Ordered; That all Town and Ministers Rates shall be made after the same manner, and by the same rule the Country Rate is made.

Whereas wrong hath been done to the Colony by the Constables neglect in ga­thering such Levies as they have received Warrants from the Treasurer for, during their Office;

[...] neglecting Treas [...] distrein the ConstableIt is therefore Ordered by the Authority of this Court; That if any Con­stable shall not have gathered the Levy committed to his charge by the Treasu­rer then being, during the time of his Office, that he shall notwithstanding the expiration of his Office, Treas. neglecting to be answerable to the Country have power to Levy by Distress all such Rates and Le­vies; and if he bring them not in to the old Treasurer according to his War­rants, the Treasurer shall Distrein such Constables Goods for the same; and if the Treasurer shall not so Distrein the Constable, he shall be answerable to the Country for the same; And if the Constable be not able to make payment, it shall be lawful for the Treasurer, Treas. power to [...] old or new respectively, to Distrein any man or men of that Town where the Constables are unable for all Arrearages of Le­vies, [...] and that man or men upon Petition to the General Court, shall have Order to collect the same again equally of the Town, with his just Damages for the same.

[Page 61]And it is further Ordered by this Court; That if any person in this Colony shall refuse or neglect to give in a true account under his [...]and of his Cattle to the List makers or their Agents, Cattle left out of the list to be for­feited within six dayes after demanded in their respective Towns, or shall leave out any of them; he shall forfeit for every such default the estate left out, the one half to the Publick Treasury, and the other half to the persons discovering the same and prosecuting it to effect.

It is further Ordered by this Court; Collectors of r [...]s their duty That all Collectors and gatherers of Rates, shall appoint a day and place, Rates not paid pen 2 d upon a shilling forfeit and give reasonable warning to the In­habitants to bring in their proportions, upon which every man so warned, shall duely attend to bring in his Rate, or upon neglect thereof, shall forfeit two pence in the shilling for what he falls short, and the said Collectors shall have Authority hereby to distreine the delinquents, or be accountable them­selves for the Rates and penaltyes so neglected by them.

It is also Ordered; Estate levied for [...] not to be attached or re­plevied That no Attachment or Replevin shall be Granted upon any Estate that shall have been taken by distress for Town or Country Levies for Civil or Ecclesiastical respects; Provided if any person account himself wronged by such distress, he shall have liberty of the Civil Law, thereby to procure his right by ordinary Profess or complaint.

It is further Ordered; The County [...] pay for chamber hire for their ra [...]es That what shall be justly due for the hire of a Cham­ber for the keeping of the Country Rate in the several Plantations, from the gathering of it till it be paid out, it shall be allowed and paid by the Country.

It is also Ordered; what allowance for transportati­on of Country Rates That what Corn for the Country Rate is transported out of the Town where it is gathered by the Treasurers Order, there shall be allowed reasonable satisfaction for the same, viz. from Windsor to Hartford two pence per bushel, from Farmington to Hartford three pence per bushell, from Stonington to Newlondon two shillings in the Pound.

RECORDS.

IT is Ordered by the Authority of this Court; That the Town Clerk, or Re­gister in the several Towns of this Jurisdiction shall record all births and deaths of persons in their Towns; And that all Parents, Masters, of Servants, Town clerks [...] Record Births Deaths & Marriages Executors and Administrators respectively, shall bring into the Register of their several Towns, the names of such Persons belonging to them, Person [...] concerned to bring a note to the Clerk or any of them, as either shall be born or dye, as also that every new married man shall likewise bring a Certificate of his Marriage under the hand of the Magistrate or Commissioner that married them, to the said Register, and for each neglect, the Person neglecting shall forfeit as followeth, viz. If any person shall neglect to bring in a note or Certificate as aforesaid, Clerks dues together with Three pence a name to the said Register for all births and deaths, and Six pence for each Marriage to be recorded more then one Moneth after such birth, death, or Marriage, penalty [...] shall forfeit for every default five shillings, and the penalty to be further encreased upon longer neglect according to the judgement of the Court. penalty to be encreased And the Register of each Town shall yearly convey to the Clerk of the County Court of their County, a true transcript of the births, deaths, Clerks duty in [...] with a [...] of [...] Neglect 40 s. and Marriages given under the hands with a third part of the afore mentioned dues under the penalty of Forty Shillings for every such neglect, all which forfeitures shall be returned into the Treasury, also the Grand Jurors may present the breaches of this Order.

It is also Ordered; That the several Towns in this Jurisdiction shall provide a Ledger Book, with an Index, or Alphabet, unto the same, [...] Town to p [...]ovide a Ledger [...] also shall choose one who shall be a Town Clerk, or Register, who shall record every mans house and Lands granted and measured out to him, with the Bounds and Quantities of the same, Recorders to [...] & whosoever shall neglect three moneths to bring into the said Town Clerk a Note of his House and Lands, with the bounds and quantity of the same by the nearest estimation, shall forfeit ten shilling, and so ten shillings a month for every month he shall so neglect; the like to be done for all Lands hereafter granted and measured

[Page 62]And if any Graunter being required by the Grauntee, his Heirs or Assignes to make an acknowledgement of any Graunt, Sale, Mortgage or Bargain by him made, shall refuse so to do, the Grantee may enter caution with the Recorder upon such Housing and Lands as are to him Graunted Bargained, If Granters will not acknowledg Grants caution may be entred Sold or Mort­gaged, which caution shall secure the interest of the Grauntee until a legal trial hath passed unto a final issue, upon which issue according to Law, the judge­ment of the Court being delivered to the Recorder under the Clerk of the Courts hand where the case was tryed shall be his Warrant to Record the said Graunt, A Court Judge­ment [...] the Re­corders warrant to record a Grant although the Graunter shall refuse to acknowledge the same.

And it is also Ordered; That the Recorder shall receive six pence for every parcel of Land he Records, delivering the Owner a Copy of the same under his hand, whereof four pence shall be to himself, and two pence for the Clerk of the County, Recorders dues and the said Register shall every County Court deliver into the [...] Transcript fairly written, of all such Graunts, Bargains or Engagements by him Recorded in the Town book, and the Clerk shall Record it in a Book fairly written for that purpose, and shall file the Copy brought in under the hand of the Town Clerk; For every search 1 d, every copy 2 d also the said Clerk shall have for every Search of a parcel, one penny, and every Copy of the same under the hands of the said Re­gister or Town Clerk, and one of the Townsmen, and one of the Assistants or Commissioners, shall be a sufficient and legal evidence to all and every person or persons that shall have the same to all intents, ends and purposes for the hold­ing of the same firm to Him, What is a sufficient evidence for Lands his Heirs and Assignes for ever: Alwayes provi­ded, no Register shall Record any Lands to any person, except he holds the same upon his own Right, and make it appear to the Clerk or Register, he hath clear R [...]ght to those Lands by sufficient Testimony, Recorders duty to see &c quiet Possession, Deed of Guift, [...] [...]knowledgement of the Graunter before the said Register.

To prevent inconveniences and unnecessary trouble that may ensue by unwritten Graunts, Bargains, Sales or Mortgages:

What Deeds of houses & lands are validIt is Ordered by this Court; That after the first of May 1661. all Graunts Bargains, Sal [...] and Mortgages made of Houses and Lands, shall be in Writing and Subscribed by the Graunter with his own Hand or Mark, unto which Mark his Name shall be annexed and likewise attested by two Witnesses, with their own Hands or Marks, Deeds to be ac­knowledged before an A [...]sistant unto which Marks their Names shall be annexed; and after the first of September 1673. all Graunts and Deeds made of Houses and Lands shall be acknowledged before an Assistant or Commissioner; and that no Graunt after the time aforesaid shall be accounted compleated according to Law but such as are Written, [...] be recorded Subscribed, Witnessed and Acknowledged as aforesaid. It is also Ordered; That all such Graunts be Recorded according to Law.

REPLEVY.

IT is Ordered by this Court and the Authority thereof; That every man shall have liberty to Replevy his Cattle or Goods Impounded, Distreined, Seized or Extended (unless it be upon Execution after Judgement, and in payment of Fines and Rates) Provided he put in good Security to prosecute his Replevy to effect, Good caution must be given and satisfie such Damages, Demands and Dues as his Adversary shall recover against him by Law.

SCHOOLS.

IT being one chief Project of Satan to keep men from the knowledge of the Scri­ptures, as in former times, keeping them in an unknown Tongue, so in these lat­ter times, by perswading them from the use of Tongues, so that at least the true sense and meaning of the Original might be clouded with false Glosses of Saint seeming deceivers; and that Learning might not be buried in the Graves of our fore-fathers in Church and Colony, the Lord assisting our endeavours:

[Page 63]It is therefore Ordered by this Court and the Authority thereof; That eve­ry Township within this Jurisdiction, Every Town where are 50 fa­milies to proved a Schoolmaster to teach to write and read, proviso after the Lord hath increased them to the number of Fifty Householders shall then forthwith appoint one within their Town to teach all such Children as shall resort to him, to Write and Reade, whose Wages shall be paid either by the Parents or Masters of such Children, or by the Inhabitants in General by way of supply, as the major part of those who Order the Prudentials of the Town shall appoint; Provided that those who send their Children, be not oppressed by paying much more then they can have them taught for in other Towns.

And it is further Ordered; That in every County Town, there shall be set up and kept a Grammar School, for the use of the County, In every County Town a Lattin School to be kept the Master thereof being able to instruct Youths so far as they may be fitted for the Colledge.

SECRETARY.

IT is Ordered by the Authority of this Court; That within twenty dayes after the Session of every General Court, the Secretary thereof shall send forth Copies of such Laws and Orders as are or shall be made at either of them, Secret. duty which are of general concernment for the Government of this Colony, to the Constables of each Town within this Jurisdiction, for them to publish within fourteen dayes more, at some publick Meeting in their several Towns, and cause them to be written into a Book, and kept for the use of the Town, Const, to publish the Laws and once in every year the Constables in each Town shall reade or cause to be read in some publick Meeting all the Capital Laws, Secret. dues for Court Orders and give notice to all the Inhabi­tants where they may at any time see the rest of the Laws and Orders, and ac­quaint themselves therewith. And it is Ordered; That the Secretary shall be paid for the Orders of Publick Concernment that are sent forth into the seve­ral Plantations two shillings for every Copy, & recording them to be paid out of the publick Trea­sury, and twelve pence for every Order that is of Publick Concernment Recor­ded by the Secretary in the Country Book. It is also Ordered; That the Se­crerary shall Record all such Wills and Inventories as are exhibited in the Court of Assistants proved and ordered to be Recorded, For wills and inventories and file the Original of them, and grant true Copies of them when they shall be desired, for which he shall be allowed for every Will and Inventory, or both, under five pounds, three shillings and four pence, and for every one above five pounds not exceeding one hundred pounds, six shillings and eight pence; and for every one above a hundred, six pence for every hundred pounds beyond the first hundred pounds; and for the Copies of every Will and Inventory, half so much as by this Order is allowed for Recording the Originals. It is also Ordered; That the Secretary shall be allowed for every Action Entred; by the taking out of a Warrant respecting the same, either from himself or any other Magistrate under forty shillings, For actions and warrants the sum of eighteen pence, and six pence for the Warrant; and for every Action as before, above the sum of forty shillings, two shillings and six pence for the War­rant. It is also further Ordered; For Attachments That the Secretary shall have for every At­tachment or Replevin, Bond and Action belonging thereunto five shillings, For Executions and for every Execution under fifty shillings, two shillings and six pence; and for every Execution above fifty shillings, five shillings; For Testimonie [...] & other writings and for the filing of every individual Testimony two pence, and for the Copy of every Testimony six pence. And whatsoever other Writings any Town or particular person shall desire and receive of the Secretary, he shall pay unto him without delay, due recompence to his rational content. Clerk of the County Court [...] dues The like dues for Recording of Wills and Invento­tories, granting of Warrants and Attachments, Replevins and Entries of Acti­ons, granting Executions is by this Court allowed to the several Clerks of the County Courts.

This Court also appoints the Secretary to be keeper of the Seal of the Colo­ny, and to affix it to such Commissions, The Secretary keeper of the Seal Instruments and Certificates as he is [Page 64] Ordered by Law to do or shall be desired to by particular persons that have spe­cial occasion for the same, For affixing the Seal 3. s: allowed for which he shall be allowed besides his writing three shillings for affixing the Seal to any Instrument or Writing as aforesaid.

SECRESIE.

Private offences when they may be kept secretIT is Ordered by this Court; That no Magistrate, Juror, Officer or other man 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 grounded on the Word of God binds him to secresie, unless it be in case of Testimony lawfully required.

STRAYES.

IT is Ordered by this Court and the Authority thereof; That whosoever shall take up any Stray Beast, Strayes and lost Goods to be cryed at 3 pub­lick meetings or find any Lost Goods, whereof the Owner is not known, he shall give notice thereof to the Constable of the same Town within [...] dayes, who shall enter the same in a Book, and take order that it be Cryed at their next Lecture day or publick Meeting three several dayes; and if it be above twenty shillings value, at the next Market or publick Meeting three seve­ral dayes; penalty for de­fault and if it be above twenty shillings value, at the next Market or Pub­lick Town meeting in the several Towns in that County where the Goods or lost Beast is found, upon penalty that the party so finding, and the said Consta­ble having such notice, and failing to do as by this Order he is appointed, to forfeit either of them for such default, one third part of the value of such Straies or lost Goods.

[...]inders pen [...]ltyAnd if the finder shall not give notice as aforesaid, within one Moneth, or if he keep it more then three Months, and shall not Apprize it by sufficient men, and also Record it with the Register of the Town where it is found, he shall then forfeit the full value thereof; and if the Owner appear within one twelve moneth and a day after such publication, Owners appear within one year to have restitu­tion he shall have restitution of the same, or the value thereof, he paying all necessary charges, and to the Constable for his care and pains, as one of the next Magistrates shall adjudge: And if no Owner appear within the time prefixed, the said Stray or Lost Goods shall be thus divided, one fourth part thereof with his reasonable charge to the finder, one fifth part thereof or ten shillings to the Constable, Strayes to be [...] divided at the choice of the Court, the rest to that Counties Treasury in wich the said lost Goods or Stray was ta­ken up in; if marked Provided, if it be a Stray there be three strokes clipt in the Hair of the near Buttock, When Horses may be taken up as Strayes six inches long, that they may be known, provided, also no Horse or Horses shall be taken up as Strayes out of the Woods at any time, un­less they be found in a perishing condition, or the case be so circumstanced that it is probable they have broke away from the Owner.

SVMMONS.

IT is Ordered by this Court; That no Summons, pleading Judgement, or any kind of proceedings in Court or course of Justice, Circumstantial errours in Sum­mons not to stop proceedings shall be abated, suspend [...]d or reversed, upon any kinde of circumstantial Errors or Mistakes, if the person and the cause be rightly understood and intended by the Court.

Suits Vexatious Suits.

IT is Ordered by this Court; That in all cases where it legally appears to the Court, that the Plaintif hath wittingly and willingly done wrong to the De­fendant, in commencing and prosecuting any Action, Suit, Complaint or In­dictment in his own Name or in the Name of others, he shall pay treble dama [...]ges [Page 65] to the party grieved, and be fined forty shillings to the common Treasury; and for the third Offence in that kinde, he shall be judged and proceeded against as a common Barrater.

SWINE.

IT is Ordered by the Authority of this Court; That after the publication hereof, Swine taken with [...] what Swine shall go without Rings or Yoaks at any time in the year that go out of mens own yards, or within four Miles of the Center of the Town plot, those that shall Pound any such Swine shall have six pence a piece, and the Pound-keeper two pence a piece and just damages. This Court doth also re­fer it to the several Towns to appoint some that may attend to put this Order in execution, and this Order to take place against any Swine that are above a quarter of a year old; & within 3 miles [...] Provided also that if any Swine at Windsor be found on the Commons within three miles of Conecticut River without Rings or Yoaks, they shall be liable to be Pounded as aforesaid.

It is also Ordered; That if any person, [...] either English or Indian within this Colony, shall under pretence of killing wilde swine in the Commons, kill and destroy any Swine great, or small, belonging to any other person, he, or they, so doing, shall forfeit five pounds to the publick Treasury, India is not to be impl [...]ted pen 5. [...] and pay adjust da­mages to the Owner of such Swine. And it is also Ordered; That no person shall imploy any Indians to kill Swine in the Woods upon the aforesaid penalty of five pounds.

TESTIMONIES.

IT is Ordered by this Court; Tes [...]imonies to be wr [...]tten and used That whatever Testimonies are improved in any Court of Justice in this Jurisdiction, in any Action or case to be tryed, shall be presented in Writing, and so kept by the Secretary or Clerk of the said Court on file, which Testimony shall be written in the Witnesses own words, Bu [...] not written by [...] and by some indifferent persons, not the Plaintif or Defendant; Provided notwith­standing, it shall be in the power of the Court or any Magistrate strictly to ex­amine any Witness upon his Testimony written as aforesaid, Testimony not­w [...]thstanding may be examined that so the truth may clearly appear.

TIMBER.

FOr the preserving of Timber; It is by this Court Ordered, That whosoever shall fell any Timber Tree within this Colony, and not improve it within three months after he hath fell [...]d it (unless he be prevented by sickness or other­wise inevitably) he shall forfeit ten shillings, five shillings to the publick Trea­sury, and five shillings to the Complainer.

TORTVRE.

IT is Ordered by the Authority of this Court; That no man shall be forced by Torture to confess any Crime against himself, and that no man shall be bea­ten with above thirty stripes for one Fact, at one time; nor shall any person be punished with whipping except the Law so determine, or he have no [...]ther way to answer the Law, unless the Crime be very shameful, and his course of life vicious and prophane.

Town-ships.

IT is by this Court Granted, that the settled and approved Inhabitants of eve­ry Township, shall have power to make such Orders and Constitutions as may concern t [...]e welfare of their Town, Provided they be not of a Criminal, [...] but only of a P [...]udential nature, and that their penalties exceed not twenty shil­lings for one Offen [...]e, and that they be not repugnant to the Laws and Orders of this Colony: An [...] if any Inhabitant shall neglect or refuse to observe them, they shall have power to levy the appointed penalties by Distress.

[Page 66]It is also Ordered; That the settled & approved Inhabitants of each Township shal have power to chuse yearly within each Township, To chuse [...]elect men convenient number of fit men to order the Prudential Occasions of the Town, provided nothing be done by them contrary to the publick Laws & Orders of this Colony; Proviso Provided also, that the number of such Select persons be not above seven in one Township.

Further [...] Ordered by the Authority of thi [...] Court▪ That the Select men in each Township from time to time when need shall require, Select mens power shall have full power to Order and Dispose of all single Persons and Inmates within their Town [...] (who live an Idle or Riotous life) to Service or otherwise: And if any person be agrieved at their order and dispose, they have liberty to apply themselves to the next County Court for relief.

Town-Officers.

WHereas it is found by experience, that there is not due Provision in the Law for to constrain such as are chosen Town-Officers (viz. Select-men, Con­stables, Listers, Collectors of Rates, Surveyors of the High wayes, Sealers, Packers, Chimny-viewers, Haywards) to accept of their respective Offices and places. Town Officers refusing to ac­cept their places forfeit 40. s.

It is Ordered by the Authority of this Court; That if any person chosen to any of the aforesaid Offices, by the Inhabitants of the Town where he lives, shall refuse or neglect to accept of any of the said Offices to which he is chosen, they shall forfeit forty shillings a piece to the Town Treasury where they dwell, except they can make it appear that they are oppressed by such choice, Proviso and others unjustly exempted, any one Assistant or Commissioner is impowred to hear and determine any such case.

Trade, Free Trade.

IT is Ordered by this Court; That all Merchants not by Law prohibited, which come for Trading only into these parts, shall have free liberty to Trade with us, Free trade allo­wed and shall have free access with their Ships or other Vessels into any of our Harbours, and quiet Riding there, and free liberty to depart without any molestation by us, provided they observe the Laws and Orders of the Colony, during their abode here.

TREASVRE.

Treasure by what order to be expendedIT is Ordered by this Court; That the General or Publick Treasure, or any part thereof, shall never be expended but by the appointment of the Gover­nour, or Assistants, or General Court; nor any County Treasury but by the appointment of the Assistants or Commissioners of that County, nor any Town Treasure but by the appointment of the Select men or the Inhabitants of the Town.

TREASVRER.

His duty not to part with the publick Treasure but with Order and according to OrderIT is Ordered by the Authority of this Court; That the Treasurer shall deli­ver no Money out of his hands to any person without Order under the hands of two Assistants or Commissioners, if the Sum be above twenty shillings, if it be under, then the Treasurer may accept of Order under the hands of one Assistant or Commissioner; Alwayes provided that the Assistants or Commissi­oners that Grant Bills as aforesaid, shall insert for what they grant such Bills as they shall signe; but if it be for the payment of some Bills to be allowed, which are referred to a Committee to consider of whether they ought to be al­lowed or not, such Bills as they accept, and set their hands unto, the Treasurer shall accept and give satisfaction; also he shall pay such sums as the General Court shall appoint him from time to time, Treasurers pow­er so far as he hath under his command of the publick Treasury to do it.

It is also Ordered; That it shall be in the power of the Treasurer at all times as cause requires, to issue forth his Warrants to the Marshal or Constable for the levying all fines and forfeitures as shall be due from any person or persons to the publick Treasury.

TRESPASSE.

IT is Ordered by this Court; What is not a Trespass That in all Trespasses or Damage done to any man or men, if it can be proved to be done by the meer default of him or them to whom the Trespass is done, it shall be judged no Trespass, nor any da­mage given for it.

TRESPASSES.

IT is Ordered by the Authority of this Court; That if any Horse or other Beast trespass in Corn or other Inclosure, being Fenced in such s [...]rt as secures against Cows, Oxen, small Calves, and such like Cattle, Trespasses how prized the party or parties trespassed shall procure two able men of good report and credit to view and adjudge the harms, which the Owner of the Beast shall satisfie when known, upon reasonable demand, whether the Beast were Impounded or not; but if the Owner be known, and near residing, as in the same Town or the like, notice shall be left at the usual place of his abode of the Trespass, before an Estima­tion be made thereof, to the end he or any others appointed by him may be present when the judgement is made; the like notice also shall be left for him of the damage charged upon him, that if he approve not thereof he may repair to the Select men or some of them, who shall in such lease, nominate and ap­point two able & indifferent men to review and adjudge the said Harms, which being forthwith discharged, together with the charge of the notice former and latter view and determination of damages, the first judgement to be void, if not to stand in Law.

TRYALS.

IT is Ordered by the Authority of this Court; That in all Actions of Law, it shall be the liberty of Plaintif and Defendant, by mutual consent, to chuse whether they will be tryed by the Bench or Jury, unless it be where the Law upon just reason hath otherwise determined; the like liberty shall be granted to all persons in any Criminal Cases. Also it shall be in the liberty of Plaintif and Defendant, and likewise every Delinquent to be judged by a Jury, to chal­lenge any of the Jurors, and if the challenge be found just and reasonable by the Bench, or the rest of the Jury, as the challenger shall chuse, it shall be allowed, and so many other suitable persons impannelled in their room.

VERDICTS.

THat Peace with Truth and Righteousnes may continue and flourish in the Confederate Colonies;

It was upon the recommendation of the Commissioners Ordered by this Court; That any Verdict or Sentence of any Court within the Colonies pre­sented under Authentick Testimony, shall have a due respect in the several Courts of this Jurisdiction, where there may be occasion to make use thereof, and shall be accounted good evidence for the party until better evidence or just cause appear to alter or make the same void, and that in such case the issuing of the Cause in question be respited for some convenient time, that the Court may be advised with where the Verdict or Sentence first passed; Provided also, that this Order shall be accounted valid and improved only for the advantage of such only as live within some of the United or Confederate Colonies, wh [...]e the Verdicts in the Courts of this Colony may receive a reciprocal respect by a like Order established by the General Court of that Colony.

VESSELS.

WHereas it is observed, that some Seamen weigh Anchor in the Harbours of the several Plantations within this Jurisdiction, and pass out on the Lords day, to the great grief and essence of the beholders, for the preventi [...]g whereof;

[Page 68]It is Ordered by this Court; That no Vessel shall depart out of any Harbour within this Jurisdiction upon the Sabbath, without he hath upon some emer­gent occasion special Order from some Magistrate or Commissioner under his hand so to do, otherwise they shall forfeit to the publick Treasury forty shillings, a fourth part of which fine shall be to the [...]omplainer.

VOTES.

IT is Ordered by this Court; That if any person that is not a Freeman of this Colony, so acknowledged by the General Assembly, shall presume to Vote in the Election of any of the Members of the General Assembly; or if any person that is a Freeman shall put in above one Vote at a time, he shall pay five pounds as a fine to the publick Treasury for each transgression herein;

VSVRY.

IT is Ordered by the Authority of this Court; That no man shall be adjudged for the meer forbearance of any Debt above six pounds in the Hundred for one year, and not above that rate proportionably for all sums whatsoever, Bills of Exchange only accepted; neither shall this be a colour or countenance to allow any Usury amongst us contrary to the Law of God.

WATCHES.

A sufficient watch maintain­ed in every townIT is Ordered by this Court; That there shall be a sufficient Watch main­tained in every Town within this Colony, and that the Constable of each Town shall cause the same to be duely warned by the Watchmen, and see that the Inhabitants do severally in their turns observe the same, according as the Inhabitants shall agree: And it is Ordered, that whosoever is liable to Watch, and shall take a journey out of the Town wherein he liveth, after he hath had timely notice and warning to Watch, he shall provide a Watch-man for that turn though himself be absent; and if any man that taketh a journey, or goeth out or the Town wherein he liveth, shall return within a week after the Watch is past his house, he shall be ordered and appointed to Watch that turn past a week before;

And for the better keeping Watches and Wards by the Constables in time of peace:

Constables to present neglectsIt is Ordered by this Court; That every Constable shall Present to the next Magistrate or Commissioner the Name of every Person, who shall upon lawful warning refuse or neglect to Watch or Ward, either in person or by some other fit for that service; Penalty and if being convented, he cannot give a [...] [...]xcuse, he shall by the said Assistant or Commissioner be adjudged to pay five shillings for every such default, which by Warrant from the Assistant or Commissioner, shall be levied by the Constable, and be imployed for the use of the Watch of that Town: And it is the intent of the Law, that every person of able body (not exempted by Law) or of Estate to hire another, shall be liable to Watch and Ward, or to supply it by some other when they shall be thereunto required; and if there be in the same house divers such persons, whether Sons, Servants or Sojourners, they shall all be compellable to Watch as aforesaid; provided all such as keep Families at their Farms, being remote from any Town, shall be exempted.

It is also Ordered; That the Watchman shall duely attend to receive their charge at the Constables house in the Evening, The time of ta­king their charg by the shutting in of the Day-light, and they are not to leave their Watch before the Day-light again, and whosoever shall be convicted of the breach of this Order shall forfeit two shil­lings six pence for every default; the one half to the Constable, the other to the benefit of the Watch.

WITNESSES.

IT is Ordered by this Court; No sufficient te­stimony without there be two That no person for any Fact committed shall be put to death without the Testimony of two or three Witnesses, or that which is equivolent thereunto.

And it is also Ordered; That any one Assistant or Commissioner may take the Testimony of any person of sixteen years of age, or above, of sound under­standing and reputation, in any case, Civil or Criminal▪ Provided, Testimonies may be taken before one Magist [...] that where any such Witnesses shall have his abode in that County where the Case is to be heard, and not disinabled by sickness or other infirmity, the said Testimony so taken before the sitting of the Court, shall not be received or made use of in Court, except the Witness be also present to be further examined about it; Provided also, in all Capital Cases, all Witnesses shall be present wheresoever they dwell.

And it is also Ordered; That any person Summoned to appear as a Witness in any Civil Court, between party and Party, shall not be compellable to travel to any Court or Place where he is to give in his Testimony, except he who shall so Summon him shall lay down or give him satisfaction for his travel and expence outward & homeward, & for such time as he shall spend in attendance when he is at such Court or Place, the Court shall award due recompence. And it is Ordered, that two shillings a day shall be accounted due satisfaction for any Witness for his Travel and Expences, and for such Witnesses as do not travel out of the Town where they dwell, there shall be allowed but one shilling six pence per Day: And if any Witness after such payment or satisfaction shall fail to appear to give in their Testimony, he shall be liable to pay the parties damages upon an Action of the case. And all Witnesses upon Criminal Cases shall have their necessary Expenses born and paid out of the County Treasury where the case is tryed in the County Courts, and such Witnesses that attend the Court of Assistants in Criminal and Capital cases, shall have their necessary Expenses born by the Colony Treasury.

WOLVES.

WHereas great Loss and Damage doth befal this Colony by reason of Wolves, which destroy great numbers of our Cattle, therefore for the encouragement of such as shall labour to destroy them;

It is Ordered by this Court; That any person that shall kill any Wolf or Wolves, within six miles of any Plantation in this Colony, shall have for every Wolf by him or them so killed eight shillings out of the Publick Treasury of the Colony. And every English man shall have eight shillings more paid him out of that Towns Treasury within whose bounds the Wolf was killed; Pro­vided that due proof be made thereof, and also that they bring a certificate un­der some Magistrates hand, or Constable of that place unto the Treasurer; Pro­vided also, that this Order intend only such plantations as do contribute with us to publick charges, they shall make payment upon their own charge.

It is also Ordered by the Authority of this Court; That what person soever English or Indian, shall take any Wolf out of any Pit made by another man to ketch Wolves in, whereby they would defraud the right owner of their due from the Colony or Town, every such Offender shall pay to the owner of the [...] twenty shillings, or be whipped on the naked body not exceeding six stripes.

Wrecks of the Sea.

IT is Ordered by this Court; That if any Ships or other Vessels, be it Friend or Enemy, shall suffer Shipwrack upon our Coasts, there shall be no violence [Page 70] or wrong offered to their persons or goods, but their persons shall be harboured and relieved, and their goods preserved in safety till Authority may be certified, and shall take further order therein.