FOr the prevention of the profanation of the Sabbath, and disorders on Sa­turday night by Horses and Carts passing late out of the Town of Bo­ston.

It is Ordered and Enacted by this Court; Order to pre­vent Sabbath­breaking. That there be a Ward from Sun set on Saturday night, until nine of the Clock, or after, consisting of one of the Select men, or Constable of Boston, with two or more meet persons, who shall walk between the Fortification and the Towns end, and upon no pretence whatsoever suffer any Cart to pass out of the Town after Sun set nor any Footman, or Horseman without such good account of the necessity of his business, as may be to their satisfaction; And all persons attempting to ride or drive out of Town after sun set without such reasonable satisfaction given, shall be apprehended and brought before Authority, to be proceeded against as Sab­bath breakers, and all other Towns are impowred to do the like as need shall be.

THis Court having a sense of the great Ruines in Boston by Fire, and hazard still of the same by reason of the joyning and nearness of their buildings, for pre­vention of damage and loss thereby for future.

Do therefore Order and Enact; New Buil­dings in Boston to be Stone or Brick. That henceforth no dwelling house in Bo­ston shall be erected and set up, except of stone or brick, and covered with Slate or Tyle, on penalty of forfieting double the value of such buildings, unless by allowance and liberty obtained otherwise from the Magistrates, Commissi­oners and Select men of Boston or major part of them; And further the Select men of Boston are hereby impowred to hear and determine all Controversies a­bout proprietyes, and rights of any person to build on the Land wherein now lately the housing hath been burnt down, allowing liberty of Appeal for any per­son grieved to the County Court.

IT is Ordered by this Court and the Authority thereof, that henceforth the Select men of each Town take care that Tything men be Annually chosen in their several precincts of their most prudent and discreet Inhabitants, and sworn to the faithful discharge of their trust (where no Magistrate or Commissioners are) before the Select men of the place, [...] and the said Tything men are required diligently to inspect all houses licensed, or unlicensed, where they shall have notice, or have ground to suspect that any person or persons do spend their time or Estates by night or by day; in Tipling, gaming, or otherwise unprofi­tably, or do sell by retayle within dores or without strong drink, wine, ale, Ci­der, Rhum, Brandy, Perry, Matheglin, &c. without license, and into said houses where such disorders shall by them be found, they may, and are hereby required and impowred to enter into and make search in their Cellars, or any other places within or about the same where they may suspect, or have notice, that wines, strong beer, Ale, Cider, Perry, Matheglin, Rhum, Brandy, &c. are lodged, and in case they shall find any quantity of either, whereof the Owners do not give said Tything men a satisfactory account of their having the same, any three of them agreeing, they shall by Warrant from any Magistrate, or Commissioners invested with Magistratical power, or (where no Magistrate is within five miles of the place) they shall without Warrant requiring the aid of the Constable, seize, carry away, and secure all such wines, strong beer, Ale, Cider, Perry, Matheglin, Rhum, Brandy, &c. and present an Account thereof with the names of the persons from whom they took it to the next Magistrate, or Commissioner of the Town where any be that are invested with Magistratical power, who may, and are hereby impowred to proceed against said delinquent partyes, and dispose of said wines, strong Beer, &c. as to them shall seem meet; and if for value more then ten pounds, they are then to bind said partyes over to the County Court, to be there proceeded against as the Law directs. In all which Cases full recompence shall be made to the Tything men, and other Offi­cers for all their care, trouble & expences in searching and securing said goods, and the remainder of the Goods seized, or value thereof, where the Magistrate, County Court, or Commissioners Court, that have orderly Cognizance thereof, shall not see reason to return the same to the partyes from whom it was taken, the same shall be put into the County Treasury.

Also the Tything men are required diligently to inspect the manner of all disorderly persons, and where by more private admonitions they will not be re­claimed, they are from time to time to present their names to the next Magi­strate, or Commissioner invested with Magistratical power, who shall proceed against them as the Law directs, as also they are in like manner to present the names of all single persons that live from under Family Government, stubborn and disorderly Children and Servants, night-walkers, Typlers, Sabbath break­ers, by night or by day, and such as absent themselves from the publick Wor­ship of God on the Lords dayes, or whatever else course or practice of any per­son or persons whatsoever tending to debauchery, Irreligion, prophaness, and Atheism amongst us, whether by omission of Family Government, nurture, and religious dutyes, and instruction of Children and Servants, or idle, profligate, uncivil or rude practices of any sort, the names of all which persons with the [...] whereof they are accused, and witnesses thereof, they shall present to the next Magistrate, or Commissioner, where any are in the said Town invested with Magistratical power, who shall proceed against and punish all such misde­meanours by Fine, Imprisonment, or binding over to the County Court as the Law directs.

IT is hereby Ordered, [...] that henceforth no Ordinary keeper shall have any action or recover any debt that shall hereafter be made by any Inhabitant for any sort of drink, or Liquor sold to such Inhabitants, and that the said In-keeper besides the losing of his Debt shall upon Conviction before any Magistrate or persons Authorized in such a case forfeit the sum of five shillings in money to the County where the fact is committed for every such offence or Act.

THis Court being informed that many persons do not appear and attend Military Exercises in the places to which they did of long time belong, and being called upon for their defects, give Answer that they are removed, Souldiers when and where to at­tend Military Service. &c. when indeed being young men, and unwilling to be confined to any certain place they move backward and for­ward, and so perform duty at no place.

Doth hereby Order and Enact, that when any person is entred and belongs to the Military Company in one Town, he shall not be at liberty, or escape du­ty in said place till he bring a Certificate from the chief Officer of the place to which he removed, to the chief Officer of the place from whence he removed that he is entred in their Lists and taken notice of as one of their own men, so that he may be in a way of duty; and until that time the remover to be lyable to duty in his first place, and to satisfy by distress, or suits the demands of the Commander or Clark according to proportion of former Laws.

WHereas there is no declaration made by this Court what shall be ta­ken for an Alarum in the day time, and by reason of the variety of occasi­ons, the signals prescribed for a night Alarum would be full of uncertaintyes in the day, especially, Order about Alarum. to Neighbour Towns.

It is Ordered, that besides the above said signs or some of them given in the place where the Alarum is first taken or made, there shall be a Messenger or Messengers sent to the neighbour Towns by the Committee of Militia, or some of them, and directed to the Committee of Militia, or some of them, whence Assistance is desired, who crying Arm, Arm, &c. shall be an Alarum to all such places, and thereupon all the Souldiers of that Town shall be bound immediate­ly to repair to their Colours, and then attend further Orders sent by writing, or by word by a sufficient Messenger, and all this under the penalty of five pounds a man for every defect.

IT is Ordered by this Court and the Authority thereof, that all Ships and Vessels above twelve Tuns, (except the Confederates of this Colony) that trade within our Ports, belonging to other places, An Order for 12d per Tun of all Vessels a­bove 12 Tun. or that the greater part of the Owners thereof are not Inhabitants of this Jurisdiction, shall pay one shil­ling in mony for every Tun of burden they are of, every Voyage they make hi­ther, towards provisions for publick Fortifications, which is to be paid to Mr. Paul Dudley for the Ports of Boston & Charls-Town. Mr. Hilliard Veren, Sen. for the Ports of Salem and Marble head. Mr. Richard Martin, for Piscataqua, or to whom they shall depute under their hands, and in case the Ship Master or Com­mander of any such Ships or Vessels shall refuse upon demands to pay the same, it shall be lawful for the said Gentlemen, or any one of them to send forth their Warrants to any Marshal or Constable to distrain for the same, with the charge thereof upon the Goods of such Master or Commander, or any one of the Ap­purtenances of their Vessels, and the Gentlemen above appointed shall be ac­countable to the General Court when called thereunto, for what they shall re­ceive by virtue of this Order, and are to deliver the mony they have in their hands once every year, or oftner, unto the Surveyor General, excepting one [Page] shilling out of every twenty shillings they shall receive, which shall be allowed them for defraying the necessary charges thereabouts, and the former Law of six pence per Tun is hereby repealed.

IT is Ordered by this Court and Authority thereof, Constables to read the Laws of the Sabbath in all Towns. that the Law with re­spect to Ministers reading the Laws respecting the Sabbath once in the year publickly upon the Lords day be henceforth repealed.

It is further Ordered, that the Constable or Town Clerke of each Town per­form the same upon some publick meeting of the Inhabitants.

UPon Complaint from several Committees of the Train Bands that their Drummers refuse to attend their duty, and will lay down their places, un­less hired, and that too at unreasonable Rates.

This Court doth therefore Order, and be it hereby Ordered and Enacted; That any Drummer now in place, or belonging to any of the Companyes in this Jurisdiction that shall desert the said service, or lay down his place during his abode in the Town, Order about Drummers. unless regularly dismissed by the chief Officer or Officers of the Company, (or in case of just complaint) by the County Court, shall for­feit forty shillings in mony to be levyed by the Clerke by Warrant from the chief Officer of said Company, and for future it shall be in the power of the Com­mission Officers of each Company to nominate and chuse out of their own Com­pany any meet person or persons to serve as a Drummer, and if any shall refuse to accept the place, and attend the Service, or desert the service unless regularly dismissed as above, he shall pay forty shillings in mony to the use of the Company, to be levyed as above; And all Drummers so chosen and serving, shall be allow­ed Ten shillings per Annum in Case the Company find & maintain the Drum, or Twenty shillings per Annum if he maintain the Drum, which shall be delivered to him in good repair: all persons chosen Drummers agrieved, have liberty to make their Complaint to the County Court for Relief.

Whether when a Case is committed to a Jury, they ought not to bring in their Verdict upon the merit of the Case without evading the is­sue upon any Circumstance in way of Barr, Resolution of a Question. or Non-suit pleaded, if it be not al­lowed by the Judges of the Court at the time. This Question is resolved on the Affirmative.

AS an Addition to the Law Title Weights and Measures, This Court doth Order, that the Country Treasurer do provide upon the Country charges these further brass weights following, one seven pound weight, one four­teen pound, Order about Weights and Measures. one twenty eight pound, and one fifty six pound, which shall be af­ter sixteen Ounces to the pound, with fit Scales and Steel beam to weigh and try withal. And the Constable of every Town within this Jurisdiction, where such weights are frequently used, shall within six moneths after publication here­of, provide upon the Town charge all such weights, at least of Lead, to be try­ed and sized by the Countryes standards, and sealed, kept, and used in the seve­ral Towns as Standards, and improved by the Select men and Constables as the Law directs for smaller Weights.