SEVERAL Laws and Orders Made at the first Sessions of the GENERAL COURT Held at Boston, May 28. 1679, and published by their Order. Edward Rawson Secretary.
WHereas there is an abusive and evil practice taken up in several places of this Colony, upon Training dayes, more publick or private, & other publick Conventions of People upon civil occasions, diverse persons taking liberty to bring into the field, and other places near such concourse of people, considerable quantityes of wine, strong liquor, Cider, and other inebriating Drinks, having no license so to doe, whereby many People both English and Indians that come to such Meetings, as well as Souldiers, commit many disorders of Drunkenness, Fighting, neglect of duty, &c. for prevention whereof,
It is Ordered by this Court and the Authority thereof, that henceforth no Person whatsoever shall presume to bring into the field, and sell by retail upon such occasions▪ any Wine strong Liquor, Cider or any other inebriating Drink (excepting Beer of a peny a quart) unless he or they so doing have license from the hands of two Magistrates or the chief Military Officer or Officers in the Field, upon penalty of forfeiting all such strong Drink, [...] and paying a Fine of five pounds, one half to the informer, the other half to the County Treasury. And it is further Ordered, that the Constables of the Town where such meeting is, are Ordered and required with a meet company to guard him, shall by Warrant from the chief Officer, seize upon all strong Liquors, Wine, Cider, or other strong Drink, and dispose of the same as this Law direct.
[Page 66]IT is Ordered by this Court (for the easement of the Country) that the ordinary Trainings of Foot and Horse be reduced to four dayes in the year, any Law, Custome, or Usage to the contrary notwithstanding: unless the Commission Officers of each Company, Four dayes Training only unless, &c. in every Town respectively, shall see cause to draw forth and exercise their Companies (after the four Training dayes enjoyned be expired) one or two dayes more, which they are allowed and impowred to doe.
IT is Ordered by this Court and the Authority thereof, that clay to make Bricks shall be digged before the first of November, Order regulating Size of Bricks on penalty. and turned over in the Moneth of February and March ensuing, a moneth before it be wrought, and that no Person temper their Bricks with salt or brackish water, and that the size of Bricks be nine inches long, two and a quarter inches thick, and four and an half inches broad; and that all moulds used for making of Bricks be made according to these sizes, and well shod with iron: And what person or persons soever, shall make Bricks in any respect contrary to this Order, in the several particulars of it, shall forfeit the one half of such Bricks to the use of the Treasury of the Town where they are made.
AS an addition to the former Law tit. Military, It is Ordered by this Court and the Authority thereof, Penalty for Foot-souldiers absence from Trainings. that every Foot-Souldier that is a Delinquent on a Training Day, shall pay for each dayes delinquency five shillings in money, or ten shillings per Day in good merchantable commodities, or Grain as the Country Rates are paid, to be levied by the Clark of each Company as the Law directs.
It is Ordered by this Court & the Authority thereof, that all fishermen that are shipt upon a winter & spring voyage shall duely attend the same, for encouragement of Fishing Trade. according to custome or agreement, with respect to time And all Fishermen that are shipt upon a Fishing Voyage for the whole Summer shall not presume to break off from their Voyage, before the last of October, without the consent of the Owner, Master, and Shoar men, upon the penalty of paying all Damages.
VPon Complaint of sundry inconveniences and Prejudice arising by the Law entitled Debts by Book, if put in execution: which Law hath upon sundry petitions from time to time been suspended, & now again by longer experience found to be very detrimental, Law about Book-debts repealed.
This Court on serious consideration hereof, and what else is presented, sees cause to repeal the same; and by the authority hereof it is hereby repealed to all intents and purposes.
WHither if a Town see good to implead any Person in a course of Law, and make their Vote to that end, and chuse their Atturney, it be not sufficient Legal Atturneyship, Question resolv'd as to Letters of Atturney from a Town. and to be allowed in Court, the said Atturney bringing a Record of the said Order or choice, signed by the hand of the Recorder of the Town, though there be no Seal as in other Letters of Atturney? This Question was resolved by the Court on the affirmative.
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Order for listing Troopers.
WHereas Complaints are made to this Court that several foot Companyes are discouraged and weakned, by frequent listing their best Souldiers into Troops, (whereby the Infantry reputed the chief strength of the Militia in any Country) are like to be very feeble, and this error arises from the misconstruing of a Law directing the listing of Troopers, which saith, that no person shall list unless he pay for one hundred pounds estate in a single Country rate, and be otherwayes well qualified. But the practise is different from the Law (as is conceived) for Constables giving Certificate that such a person payes in a single Country Rate eight shillings four pence, including therein heads of persons; Order regulating listing of Troopers. and upon this Certificate the Captain of the Troop lysts the person Certified, and so as it is apprehended the Law is not attended. For prevention whereof,
It is Ordered that no Constable shall give Certificate to any person desiring to lyst a Trooper, unless the said person pay bona fide in a single Country Rate for one hundred pounds estate, without respect to poll money and also no such Foot Souldier shall lyst in any Troop, unless he have a Certificate from the Major of the Regiment under his hand, that he is a fit person and hath obteined the consent of the Commission Officers of the Foot Company whereunto he belongs, or the major part of them, &c.
Meeting Houses not to be erected without License.
FOrasmuch as it hath too often happened that through differences arising in several Towns, and on other pretences there hath been Attempts by some persons to erect new meeting houses although on pretence of the publick worship of God on the Lords dayes; yet thereby laying a Foundation (if not for Schisme and seduction to error and heresie) for perpetuating divisions, and weakening such places where they dwell in the comfortable support of the Ministry orderly setled amongst them. For prevention whereof for the future,
It is Ordered by this Court, and the Authority thereof; that no persons whatsoever without the consent of the Freemen of the Town where they live, Penalty for erecting new Meeting houses without consent of Authority. first orderly had and obteined at a publick meeting assembled for that end, and license of the County Court: or in defect of such consent and license by the special order of the General Court, shall erect, or make use of any house as abovesaid. And in Case any person or persons shall be convicted of transgressing this Law, every such house or houses wherein such persons shall so meet, more then three times, with the Land whereon such house or houses stand, and all private wayes tending thereto, shall be forfeited to the use of the County, and disposed of by the County Treasurer, by Sale or demollishing, as the Court that gave Judgement in the Cafe shall order.
FOr the greater comfort and safety of all people who are intended to resettle the Villages deserted in the late war, Order directing the settlement of towns deserted, or New Plantations. or the planting any new Plantation within this Jurisdiction.
It is Ordered and Enacted by this Court, and the Authority thereof, That no deserted Town, or new Plantation shall be inhabited, until the people first make application unto the GOVERNOUR and COUNCIL, or to the [Page 68] County Courts, within whose Jurisdiction such Plantation is. And the Council or County Court are hereby Ordered and Impowred to appoint an able & discreet Committee [at the charge of the people intending to plant] which Committee are Ordered and Impowred to view and consider the place, or places to be setled, and give directions and orders in writing, under their hands, in what form and manner such town shall be setled and erected wherein they are required to have a principal respect to nearness and conveniency of habitation for security against Enemyes, and more comfort for Christian Communion and enjoyment of Gods worship, and education of Children in Schools and Civility, with other good ends. And all such planters are hereby Injoyned to attend and put in practice such orders and directions as shall be given by such Committee upon the penalty of one hundred pounds Fine to the Country, to be inflicted upon them by order of the Council, or County Courts for their neglect or refusal to attend this order.
10 s. per hogshead abated upon impost of Rhum.IT is Ordered that from henceforth an abatement of the Impost upon Rhum be made of ten shillings per Hogshead, and that two pence be added by the quart upon all strong liquor that is retayled by less quantities then ten Gallons at one time.