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<DATE>2015-02-18</DATE>
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<NAME>Kate Allen</NAME>
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*Correct excusable and inexcusable errors x*If appropriate, check for yoghs. x*If appropriate, check for Latin problems, e.g. oe and ae digraphs x*If appropriate, check for abbreviation and brevigraph problems. x*If appropriate, check for units of measure, symbols (alchemical, astronomical, etc.) and the like. x*Correct illegibles from proofsheet x*Check illegible page, para, line, span, word, dollar signs
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<DIV1 TYPE="title page">
<PB REF="1">
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<P>New-Haven's <HI>Settling in</HI> NEW-ENGLAND. <HI>AND SOME</HI> LAWES FOR GOVERNMENT: Publi&s;hed for the U&s;e of that Colony.</P>
<P>Though &s;ome of the Orders intended for pre&s;ent convenience, may probably be hereafter altered, and as need requireth other Lawes added.</P>
<P><HI>LONDON:</HI> Printed by <HI>M. S.</HI> for <HI>Livewell Chapman,</HI> at the <HI>Crowne</HI> in <HI>Pope&s;-head</HI>-Alley. 1656.</P>
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<DIV1 TYPE="text">
<PB REF="3">
<PB N="1" REF="3">
<HEAD><HI>NEW-HAVEN'S</HI> Settling in New-England. <HI>And &s;ome Lawes for Government,</HI> &amp;c.</HEAD>
<P>_IT hath plea&s;ed the onely wi&s;e, and All-&s;ufficient God, who Ruleth all the world, determines times, and &s;ets the bounds of all mens habita|tions, but is the Rich, and pretious portion of them that fear and tru&s;t in him, at &s;undry times, and upon weighty occa&s;ions, to bring &s;everall Com|panies of his people, over the great Deeps, into this part of <HI>America,</HI> called <HI>New-England,</HI> a place far remote from their dear Native Countrey, and hath here planted, prote|cted, and graciou&s;ly provided for them.</P>
<P>The fir&s;t Adventurers (before they had conveniency for travell, and opportunity to con&s;ider, and compare one place with another) &s;ate downe at <HI>Plymouth,</HI> and have had much experience of Gods goodne&s;&s;e and compa&s;&s;ion in a Wilder|ne&s;&s;e, now betwixt thirty, and forty years.</P>
<P>In &s;ome years after, the Lord bringing over more of his people, they planted in, and about the <HI>Ma&s;&s;achu&s;ets</HI> Bay, and grew a large Colony, and after them the Engli&s;h in <HI>Con|necticut,</HI> and <HI>New-Haven,</HI> for the conveniency of the Sea, and Rivers, planted more We&s;terly. And for a while con|tinued, though united in Nation, Religion, and affection, yet otherwi&s;e &s;everall and di&s;tinct Juri&s;dictions, free from
<PB N="2" REF="4">any expre&s;&s;e Ingagement one to another. In this time the Enemy &s;lept not, but was at work, to di&s;turb the peace of the <HI>Engli&s;h,</HI> both in &s;owing Tares within, among them|&s;elves, and &s;tirring up the <HI>Indians</HI> from abroad again&s;t them; but he that is wonderfull in Coun&s;ell, and excellent in work|ing, overpowred Satan, and his In&s;truments, and gave good i&s;&s;ues to his people, in tho&s;e their uncomfortable exerci&s;es.</P>
<P>A while after, upon the motion of the <HI>Ma&s;&s;achu&s;ets</HI> Colo|ny, a Treaty was begun, and in proce&s;&s;e of time comforta|bly fini&s;hed; &s;olemne Covenants were agreed, and conclu|ded betwixt the &s;aid Juri&s;dictions, in the following words.</P>
</DIV1>
<DIV1 TYPE="articles">
<HEAD>ARTICLES <HI>OF</HI> Confederation betwixt the Plantations un|der the Government of the <HI>Ma&s;&s;achu&s;ets,</HI> the Plantations under the Government of <HI>Pli|mouth,</HI> the Plantations under the Government of <HI>Connectecut,</HI> and the Government of <HI>New Haven,</HI> with the Plantations in Combination therewith.</HEAD>
<P>WHereas we all came into the&s;e parts of <HI>America,</HI> with one and the &s;ame end and ayme, namely, to advance the Kingdome of our Lord Je&s;us Chri&s;t, and to enjoy the liberties of the Go&s;pel, in purity with peace; and whereas in our &s;ettling (by a wi&s;e providence of God) we are further di&s;per&s;ed upon the Sea-Coa&s;ts, and Rivers, then was at fir&s;t intended, &s;o that we cannot (according to our de&s;ire) with convenience communicate in one Govern|ment, and Juri&s;diction; and whereas we live encompa&s;&s;ed with people of &s;everall Nations, and &s;trange languages, which hereafter may prove injurious to us, and our po&s;teri|ty: And fora&s;much as the Natives have formerly commit|ted &s;undry in&s;olencies and outrages upon &s;everall Plantati|ons
<PB N="3" REF="4">of the Engli&s;h, and have of late combined them&s;elves again&s;t us. And &s;eeing by rea&s;on of the &s;ad di&s;tractions in <HI>England,</HI> which they have heard of, and by which they know we are hindred both from that humble way of &s;eek|ing advice, and reaping tho&s;e comfortable fruits of prote|ction which, at other times, we might well expect; we therefore doe conceive it our bounden duty, without delay, to enter into a pre&s;ent Con&s;otiation among&s;t our &s;elves, for mutuall help and &s;trength in all our future concernments, that, as in Nation, and Religion, &s;o, in other re&s;pects, we be, and continue, One, according to the tenour and true meaning of the en&s;uing Articles.</P>
<P>Wherefore it is fully Agreed and Concluded by and be|tween the parties, or Juri&s;dictions above named, <MILESTONE N="I"> and they doe joyntly and &s;everally by the&s;e pre&s;ents agree and con|clude, That they all be, and henceforth be called by the name of, <HI>The &V;nited Colonies of New-England.</HI></P>
<P>The &s;aid United Colonies for them&s;elves, <MILESTONE N="II"> and their po&s;te|rities doe joyntly and &s;everally hereby enter into a firm and perpetuall league of friend&s;hip and amity, for offence and defence, mutuall advice and &s;uccour, upon all ju&s;t occa&s;ions, both for pre&s;erving and propagating the truth, and liberties of the Go&s;pel, and for their own mutuall &s;afety, and well|fare.</P>
<P>It is further agreed, <MILESTONE N="III"> That the Plantations which at pre|&s;ent are, or hereafter &s;hall be &s;ettled within the limits of the <HI>Ma&s;&s;achu&s;ets,</HI> &s;hall be for ever under the Government of the <HI>Ma&s;&s;achu&s;ets.</HI> And &s;hall have peculiar Juri&s;diction among&s;t them&s;elves, as an intire body; and that <HI>Plimouth, Connecticut,</HI> and <HI>New-Haven,</HI> &s;hall each of them, in all re|&s;pects, have the like peculiar Juri&s;diction, and Government within their limits. And in reference to the Plantations which already are &s;etled, or &s;hall hereafter be erected and &s;hall &s;ettle within any of their limits re&s;pectively, provided that no other Juri&s;diction &s;hall hereafter be taken in, as a di&s;tinct head, or Member of this Confederation, nor &s;hall any other either Plantation, or Juri&s;diction in pre&s;ent being, and not already in combination, or under the Juri&s;diction of
<PB N="4" REF="5">any of the&s;e Confederates, be received by any of them, nor &s;hall any two of the&s;e Confederates, joyne in one Juri&s;di|ction, without con&s;ent of the re&s;t, which con&s;ent to be In|terpreted, as in the &s;ixt en&s;uing Article is expre&s;&s;ed.</P>
<P>It is al&s;o by the&s;e Confederates agreed, <MILESTONE N="IV"> That the charge of all ju&s;t Wars, whether offen&s;ive, or defen&s;ive, upon what part or Member of this Confederation &s;oever they fall, &s;hall both in men, provi&s;ions, and all other disbur&s;ements, be born by all the parts of this Confederation, in different pro|portions, according to their different abilities, in manner following, namely, That the Commi&s;&s;ioners for each Juri&s;|diction, from time to time, as there &s;hall be occa&s;ion, bring a true account and number of all the Males in each Plantati|on, or any way belonging to, or under their &s;everall Juri&s;di|ctions, of what quality, or condition &s;oever they be, from &s;ixteen years old, to three&s;core, being inhabitants there. And that according to the different numbers, which from time to time &s;hall be found in each Juri&s;diction, upon a true, and ju&s;t account, the &s;ervice of men, and all charges of the war, be born by the poll: Each Juri&s;diction, or Plantation, being left to their own ju&s;t cour&s;e, and cu&s;tome, of rating them&s;elves, and people, according to their different e&s;tates, with due re&s;pect to their qualities and exemptions among them&s;elves, though the Confederation take no notice of any &s;uch priviledge. And that, according to the different charge of each Juri&s;diction, and Plantation, the whole advantage of the War (if it plea&s;e God &s;o to ble&s;&s;e their endeavours) whether it be in Lands, Goods, or per&s;ons, &s;hall be propor|tionably divided among the &s;aid Confederates.</P>
<P>It is further agreed, <MILESTONE N="V"> That if any of the&s;e Juri&s;dictions, or any Plantation under, or in Combination with them, be in|vaded by any enemy whom&s;oever, upon notice; and reque&s;t of any three Magi&s;trates of that Juri&s;diction &s;o invaded. The re&s;t of the Confederates, without any further meeting or ex|po&s;tulation, &s;hall forthwith &s;end ayde to the Confederate in danger, but in different proportion, namely the <HI>Ma&s;&s;achu|&s;ets</HI> one hundred men &s;ufficiently armed, and provided for
<PB N="5" REF="5" MS="y">&s;uch a &s;ervice, and journey. And each of the re&s;t five and forty men, &s;o armed and provided, or any le&s;&s;e number, if le&s;&s;e be required, according to this proportion. But if &s;uch a Confederate may be &s;upplyed by their next Confederate, not exceeding the number hereby agreed, they may crave help there, and &s;eek no further for the pre&s;ent. The charge to be born, as in this Article is expre&s;&s;ed. And at their re|turn to be victualled, and &s;upplied with powder and &s;hot (if there be need) for their journey by that Juri&s;diction which imployed, or &s;ent for them. But none of the Juri&s;dictions to exceed the&s;e numbers, till by a meeting of the Commi&s;&s;io|ners for this Confederation, a greater ayde appear nece&s;&s;ary. And this proportion to continue, till upon knowledge of the numbers in each Juri&s;diction, which &s;hall be brought to the next meeting, &s;ome other proportion be ordered. But in any &s;uch ca&s;e of &s;ending men for pre&s;ent ayde, whether before or after &s;uch order or alteration, it is agreed, That at the meeting of the Commi&s;&s;ioners for this Confederation, the cau&s;e of &s;uch war or inva&s;ion, be duly con&s;idered, and if it appear, that the fault lay in the party &s;o invaded, that then, that Juri&s;diction, or Plantation, make ju&s;t &s;atisfaction, both to the invaders, whom they have injuried, and bear all the charges of the war them&s;elves, without requiring any allowance from the re&s;t of the Confederates toward the &s;ame.</P>
<P>And further, if any Juri&s;diction &s;ee any danger of an in|va&s;ion approaching, and there be time for a meeting, That in &s;uch ca&s;e, three Magi&s;trates of that Juri&s;diction may &s;um|mon a meeting, at &s;uch convenient place, as them&s;elves &s;hall think meet, to con&s;ider, and provide again&s;t the threatned danger. Provided, when they are met, they may remove to what place they plea&s;e, onely while any of the&s;e four Con|federates, have but three Magi&s;trates in their Juri&s;diction, a reque&s;t or &s;ummons, from any two of them, &s;hall be ac|counted of equall force, with the three mentioned in both the clau&s;es of this Article, till there be an increa&s;e of Magi|&s;trates there.</P>
<P>It is al&s;o agreed, <MILESTONE N="VI"> That for the managing and concluding
<PB N="6" REF="6">of all affaires proper to, and concerning the whole Confede|ration, two Commi&s;&s;ioners &s;hall be cho&s;en by, and out of the foure Juri&s;dictions, namely two for the <HI>Ma&s;&s;achu&s;ets,</HI> two for <HI>Plimouth,</HI> two for <HI>Connecticut,</HI> and two for <HI>New-haven,</HI> being all in Church-fellow&s;hip with us, which &s;hall bring full power from their &s;everall generall Courts re&s;pectively, to hear, examine, weigh, and determine all affaires of war, or peace, leagues, aydes, charges, and numbers of men for war, divi&s;ion of &s;poyles, or what&s;oever is gotten by con|que&s;t, receiving of more confederates, or Plantations into Combination with any of the&s;e Confederates, and all things of like nature, which are the proper concomitants, or con&s;e|quences of &s;uch a Confederation, for amity, offence, and de|fence, not intermedling with the Government of any of the Juri&s;dictions, which by the third Article, is pre&s;erved intirely to them&s;elves. But if the&s;e eight Commi&s;&s;ioners when they meet, &s;hall not all agree, yet it is concluded, That any &s;ix of the eight agreeing, &s;hall have power to &s;ettle, and deter|mine the bu&s;ine&s;&s;e in que&s;tion. But if &s;ix doe not agree, that then &s;uch Propo&s;itions, with their Rea&s;ons, &s;o far as they have been debated, be &s;ent, and referred to the foure Gene|rall Courts, <HI>viz.</HI> The <HI>Ma&s;&s;achu&s;ets, Plymouth, Connectecut,</HI> and <HI>New-haven.</HI> And if at all the &s;aid Generall Courts, the bu&s;ine&s;&s;e &s;o referred, be concluded, then to be pro&s;ecuted by the Confederates, and all their Members. It is further a|greed, That the&s;e eight Commi&s;&s;ioners &s;hall meet once every year, be&s;ides extraordinary meetings, arcording to the fifth Article to con&s;ider, treat, and conclude of all affaires be|longing to this Confederation, which meeting &s;hall ever be the fir&s;t <HI>Thur&s;day</HI> in <HI>September.</HI> And that the next meet|ing after the date of the&s;e pre&s;ents, which &s;hall be accounted the &s;econd meeting, &s;hall be at <HI>Bo&s;ton</HI> in the <HI>Ma&s;&s;achu&s;ets,</HI> the third at <HI>Hartford,</HI> the fourth at <HI>New-haven,</HI> the fifth at <HI>Plimouth,</HI> the &s;ixth and &s;eventh at <HI>Bo&s;ton;</HI> and then <HI>Hart|ford, New-haven,</HI> and <HI>Plymouth,</HI> and &s;o in cour&s;e &s;ucce&s;&s;ive|ly. If in the mean time, &s;ome middle place be not found out, and agreed on, which may be comodious for all the Juri&s;dictions.</P>
<PB N="7" REF="6">
<P>It is further agreed, <MILESTONE N="VII"> That at each meeting of the&s;e eight Commi&s;&s;ioners, whether ordinary or extraordinary; they all, or any &s;ix of them agreeing as before, may choo&s;e their Pre&s;ident out of them&s;elves, who&s;e Office and work &s;hall be, to take care, and direct for Order, and a comely carrying on of all proceedings in the pre&s;ent meeting. But he &s;hall be in|ve&s;ted with no &s;uch power or re&s;pect, as by which, he &s;hall hinder the propounding or progre&s;&s;e of any bu&s;ine&s;&s;e, or any way ca&s;t the &s;cales, otherwi&s;e then in the precedent Article is agreed.</P>
<P>It is al&s;o agreed, <MILESTONE N="VIII"> That the Commi&s;&s;ioners for this Con|federation hereafter at their meetings, whether ordinary or extraordinary, as they may have Commi&s;&s;ion or opportuni|ty, doe endeavour to frame and e&s;tabli&s;h Agreements and Orders in generall ca&s;es of a civil nature, wherein all the Plantations are intere&s;ted, for pre&s;erving peace among&s;t them&s;elves, and preventing (as much as may be) all occa|&s;ions of war, or differences with others, as about the free and &s;peedy pa&s;&s;age of Ju&s;tice in each Juri&s;diction, to all the Con|federates equally, as to their own, receiving tho&s;e that re|move from one Plantation to another, without due Certifi|cates, how all the Juri&s;dictions may carry it towards the <HI>In|dians,</HI> that they neither grow in&s;olent, nor be injuried without due &s;atisfaction, lea&s;t War break in upon the Confederates, through &s;uch mi&s;carriages. It is al&s;o agreed, That if any Servant run away from his Ma&s;ter, into any other of the&s;e Confederated Juri&s;dictions, That in &s;uch ca&s;e, upon the Certificate of one Magi&s;trate in the Juri&s;diction, out of which the &s;aid Servant fled, or upon other due proof, the &s;aid Servant &s;hall be delivered either to his Ma&s;ter, or any other that pur&s;ues, and brings &s;uch Certi|ficate, or proof. And that upon the e&s;cape of any Pri&s;oner what&s;oever, or fugitive, for any Criminall Cau&s;e, whether breaking Pri&s;on, or getting from the Officer, or otherwi&s;e e&s;caping, upon the Certificate of two Magi&s;trates of the Ju|ri&s;diction out of which the e&s;cape is made, that he was a pri|&s;oner or &s;uch an offendor, at the time of the e&s;cape. The Ma|gi&s;trates, or &s;ome of them, of that Juri&s;diction where for the
<PB N="8" REF="7">pre&s;ent the &s;aid pri&s;oner or fugitive abideth, &s;hall forthwith grant &s;uch a Warrant, as the ca&s;e will bear, for the appre|hending of any &s;uch per&s;on, and the delivery of him into the hand of the Officer, or other per&s;on who pur&s;ueth him. And if help be required for the &s;afe returning of any &s;uch offender, it &s;hall be granted unto him that craves the &s;ame, he paying the charges thereof.</P>
<P>And for that the ju&s;te&s;t Wars may be of dangerous con|&s;equence, <MILESTONE N="IX"> e&s;pecially to the &s;maller Plantations in the&s;e <HI>&V;ni|ted Colonyes,</HI> it is agreed, That neither the <HI>Ma&s;&s;achu&s;ets, Plymouth, Connecticut,</HI> nor <HI>New-Haven,</HI> nor any of the Members of any of them, &s;hall at any time hereafter begin undertake or engage them&s;elves, or this Confederation, or any part thereof in any War what&s;oever (&s;udden exigents with the nece&s;&s;ary con&s;equences thereof excepted, which are al&s;o to be moderated, as much as the ca&s;e will permit) with|out the con&s;ent and agreement of the forenamed eight Com|mi&s;&s;ioners, or at lea&s;t &s;ix of them, as in the &s;ixt Article is pro|vided. And that no charge be required of any of the Confe|derates in ca&s;e of a defen&s;ive War, till the &s;aid Commi&s;&s;io|ners have met, and approved the Ju&s;tice of the War, and have agreed upon the &s;um of money to be levied; which &s;um is then to be paid by the &s;everall Confederates, in proporti|on, according to the fourth Article.</P>
<P>That in extraordinary occa&s;ions, <MILESTONE N="X"> when meetings are &s;um|moned by three Magi&s;trates of any Juri&s;diction, or two as in the fifth Article, if any of the Commi&s;&s;ioners come not, due warning being given, or &s;ent, it is agreed, That foure of the Commi&s;&s;ioners &s;hall have power to direct a War which can|not be delayed, and to &s;end for due proportions of men, out of each Juri&s;diction, as well as &s;ix might doe, if all met, but not le&s;&s;e then &s;ix &s;hall determine the ju&s;tice of the War, or allow the demands, or Bills of charges, or cau&s;e any levies to be made for the &s;ame.</P>
<P>It is further agreed, <MILESTONE N="XI"> That if any of the Confederates &s;hall hereafter break any of the&s;e pre&s;ent Articles, or be any other way injurious to any one of the other Juri&s;dictions &s;uch breach of Agreement, or injury &s;halbe duly con&s;idered, and ordered
<PB N="9" REF="7">by the Commi&s;&s;ioners for the other Juri&s;dictions, that both peace, and this pre&s;ent Confederation, may be intirely pre|&s;erved without violation.</P>
<P>La&s;tly, this perpetuall Confederation, and the &s;everall Ar|ticles and Agreements thereof, being read and &s;eriou&s;ly con|&s;idered, both by the Generall Court for the <HI>Ma&s;&s;achu&s;ets,</HI> and by the Commi&s;&s;ioners for <HI>Plymouth, Connecticut,</HI> and <HI>New-Haven,</HI> were pre&s;ently and fully allowed and confirm|ed by three of of the fore-named Confederates, namely the <HI>Ma&s;&s;achu&s;ets, Connecticut,</HI> and <HI>New-Haven;</HI> in te&s;timony whereof, the Generall Court of the <HI>Ma&s;&s;achu&s;ets</HI> by their Secretary, and the Commi&s;&s;ioners for <HI>Connecticut</HI> and <HI>New-Haven,</HI> &s;ub&s;cribed them the 19 day of the third month, com|monly called <HI>May, Anno Domini.</HI> 1643.</P>
<P>Only the Commi&s;&s;ioners from <HI>Plymouth,</HI> having brought no Commi&s;&s;ion to conclude, de&s;ired re&s;pite to advi&s;e with their Generall Court, which was granted, and at the &s;econd meeting of the Commi&s;&s;ioners for the Confederation, held at <HI>Bo&s;ton</HI> in <HI>September</HI> following, the Commi&s;&s;ioners for the Juri&s;diction of <HI>Plymouth,</HI> delivered in an Order of their Ge|nerall Court, dated the 29 of <HI>Augu&s;t,</HI> 1643. by which it ap|peared that the&s;e Articles of Confederation were read, ap|proved and confirmed by the &s;aid Court, and all their Town|&s;hips, and their Commi&s;&s;ioners authorized to ratifie them by their &s;ub&s;criptions, which they accordingly did, the 7 day of <HI>September,</HI> 1643.</P>
<DIV2 TYPE="part">
<HEAD>When the Plantations within this Colony fir&s;t treated to be one Juri&s;diction,
<NOTE PLACE="marg"><HI>New Haven.</HI> 1</NOTE> and to &s;ettle them&s;elves under one Govern|ment, the&s;e following particulars were &s;olemnly and una|nimou&s;ly approved and concluded as a fundamentall Agree|ment, upon which the Combination was framed.</HEAD>
<P>THat none &s;hall be admitted Free-men,
<NOTE PLACE="marg">Deut. 1.13. Exod 18.21. Deut. 17.15. Jer. 30.21.</NOTE> or free Burge&s;&s;es within this Juri&s;diction, or any part of it, but &s;uch Plan|ters as are Members of &s;ome one, or other of the approved Churches of <HI>New-England;</HI> nor &s;hall any but &s;uch be cho|&s;en to Magi&s;tracy, or to carry on any part of Civil Judica|ture, or as Deputies or A&s;&s;i&s;tents to have power, or Vote in
<PB N="10" REF="8">e&s;tabli&s;hing Lawes, or in making or repealing Orders, or to any chief Military Office, or tru&s;t, nor &s;hall any others, but &s;uch Church Members, have any Vote in any &s;uch Elections. Though all others admitted to be Planters, have right to their proper Inheritances, and doe and &s;hall enjoy all other Civil liberties and priviledges, according to all Lawes, Orders, or grants, which are, or hereafter &s;hall be made for this Co|lony.</P>
<P>That all &s;uch Freemen of this Juri&s;diction, &s;hall yearly without any &s;ummons, upon the Election day, which is to be the la&s;t fourth day in the week, commonly called <HI>Wedne&s;day,</HI> in <HI>May</HI> (till by the Generall Court &s;ome other time be or|dered and publi&s;hed) either in per&s;on, or by proxy, attend that &s;ervice: And according to their be&s;t light from the word of God, &s;hall Vote in the Election of Governour, Deputy Governour, Magi&s;trates, Commi&s;&s;ioners for the <HI>&V;nited Co|lonyes,</HI> Trea&s;urer, Secretary, Mar&s;hall, or any other Officer, then cho&s;en for the Juri&s;diction. And for the ea&s;e of the &s;aid Freemen (e&s;pecially &s;uch as dwell remote) it is agreed, That when any of them cannot conveniently come, they may &s;end their Votes, either written, or in &s;ome other way &s;ealed up in the pre&s;ence of the re&s;t of the Freemen in the Plantati|on where they dwell, or the greater part of them. And fur|ther, if any of them purpo&s;ing to be pre&s;ent at the Election, when the other Votes were &s;ealed up, &s;hould after be hin|dred, and then want opportunity to &s;eale up his Vote, in the pre&s;ence of the major part of the Freemen; in &s;uch ca&s;e he may &s;eale it up in the pre&s;ence of two &s;uch Freemen as knew he &s;ent no Vote before, and (upon their te&s;timony or Cer|tificate) it &s;hall be accepted, that &s;o the liberty of the Free|men may be pre&s;erved, they may have means to attend their duty, and their Votes may be directed according to their par|ticular light. And the &s;aid Freemen may at the Election Court yearly, choo&s;e &s;o many Magi&s;trates for the Juri&s;dicti|on in each Plantation, as the weight of affaires &s;hall require; and as they &s;hall there find Freemen fit for &s;uch a tru&s;t; pro|vided that when any man of what Plantation &s;oever, &s;hall be fir&s;t propounded for Magi&s;tracy within this Juri&s;diction, &s;ea|&s;onable
<PB N="11" REF="8">notice &s;halbe fir&s;t given to all the Plantations, of &s;uch a purpo&s;e, or de&s;ire, that all the Freemen may duely con&s;i|der or informe them&s;elves, and that &s;uch as cannot be pre|&s;ent, but &s;end their Votes, may proceed accordingly, and that each Freeman whether pre&s;ent or ab&s;ent, at the Electi|on, may the better improve his Liberty, It is Ordered, that he may give or &s;end his Vote, as he finds cau&s;e, either in the affirmative, by putting in an Indian Corne, or in the Nega|tive, by putting in a Beane, or in &s;uch other manner, as the Generall Court &s;hall iudge more convenient.</P>
<P>That the affaires of this Juri&s;diction,
<NOTE PLACE="marg">Ex. 18.21.22. Deut. 1.16, 17 Deut. 16.18.</NOTE> may be the better carried on, and that the inhabitants may know whom to obey, and from whom to &s;eek redre&s;&s;e of injuiries, it is a|greed, that there be &s;everall Courts for &s;everall purpo&s;es, and of different con&s;titutions and power.</P>
<P>Fir&s;t a General Court, which &s;hall con&s;i&s;t of the Governor, Deputy Gover: all the Magi&s;trates, and of two Deputies for each plantation in the Juri&s;diction (where there is a Church duely gathered, and Freemen orderly admitted) which De|puties &s;hall be cho&s;en either yearly, or again&s;t the approach of any &s;uch Generall Court, by the Freemen of each plan|tation, or the greater number of them, and &s;hall be &s;ent at each Generall Court with full power (as having the power and Voyces of all the &s;aid Freemen derived to them) to con|&s;ult of, and determine, all &s;uch matters, as concerne the pub|lick welfare of this Colony, and with due Certificate there|of, all which both Governor, Deputy Governor, Magi&s;trates, and plantation Deputies &s;hall have Vote in the &s;aid Court.</P>
<P>This Generall Court and all the members thereof, &s;hall from time to time meete, and &s;itt at <HI>Newhaven</HI> (unle&s;&s;e up|on weighty cau&s;e, The Major part of the Court, &s;ee cau&s;e for a time to alter the place) at lea&s;t once every yeare, name|ly the la&s;t fourth day in the weeeke commonly called wed|ne&s;day in <HI>May,</HI> fir&s;t to carry on the Elections, And after to con&s;ider and order, all &s;uch other affaires of the Juri&s;diction, as fall within their Cognizance, tru&s;t, and power, Be&s;ide which fixed Courts, the Governor, or in his ab&s;ence, The Deputy Governor, and in their ab&s;ence, any two Magi&s;trats
<PB N="12" REF="9">of this Juri&s;diction, &s;hall have power to Summon a Gene|rall Court, at any other time, as the urgent and extraordi|nary occa&s;ions of the Juri&s;diction, or any part thereof, may require, And at all &s;uch Generall Courts, whether or|dinary, or extraordinary, the Governor, Deputy Governor, Magi&s;trates, with all the forementioned Deputies, &s;hall &s;itt together till the affaires of the Juri&s;diction be di&s;patched, or may (as they conceive) be &s;afely re&s;pited; And if any of the &s;aid Magi&s;trats, or Deputies, &s;hall either be ab&s;ent at the fir&s;t &s;itting of the &s;aid Court, or without leave depart, or di&s;orderly ab&s;ent him, or them&s;elves from the &s;ervice, be|fore the Court be fini&s;hed (though the ab&s;ence of a le&s;&s;e part, either of Magi&s;trates, or Deputies, when the Court is either fixed, or with due notice, called extraordinarily, &s;hall neither &s;top proceedings nor abate the force of what is or|dered, by the Major part both of Magi&s;trates, and Deputies, yet) he, or they, &s;hall each of them pay twenty &s;hillings for a fine to the Juri&s;diction, for &s;uch ab&s;ence, or departure; But if any Plantation; &s;end no Deputy, or if the ab&s;ence, or departure, be mingled with contempt, or willfull neglect, which may either hinder the publick &s;ervice, or prove an ill example, the fine &s;hall be increa&s;ed, as the Court upon due con&s;ideration of the offence, with the agravations, &s;hall judge meete, or if the ab&s;ence &amp;c. grow by any over ru|ling providence of God, The &s;ame is al&s;o duely to be con|&s;idered by the Court, For &s;paring or mitigating the fine.</P>
<P>This Court thus framed, <MILESTONE N="1"> &s;hall fir&s;t with all care, and di|ligence from time to time provide for the maintenance of the purity of Religion,
<NOTE PLACE="marg">P&s;al, 2.10.11.12. 1 Tim. 2.2.</NOTE> and &s;uppre&s;&s;e the contrary, accor|ding to their be&s;t Light, and directions from the word of God.</P>
<P>Secondly, <MILESTONE N="2"> though they humbly acknowledge, that the Su|preame power of making Lawes,
<NOTE PLACE="marg">E&s;ay. 33.22.</NOTE> and of repealing them, be|longs to God onely, and that by him this power is given to Je&s;us Chri&s;t as Mediator <HI>Math.</HI> 28.19 <HI>Joh.</HI> 5.22. And that the Lawes for holine&s;&s;e and Righteou&s;ne&s;&s;e, are already made, and given us in the Scriptures, which in matters mo|rall,
<PB N="13" REF="9">or of morall equity, may not be altered by humane pow|er, or authority, <HI>Mo&s;es</HI> onely &s;hewed <HI>I&s;rael</HI> the Lawes,
<NOTE PLACE="marg">Deut. 5.8. Deut. 17.11.</NOTE> and Statutes of God, and the <HI>Sanedrim</HI> the highe&s;t Court, among the <HI>Jewes,</HI> mu&s;t attend tho&s;e Lawes. Yet Civill Rulers, and Courts, and this Generall Court in particular (being intru&s;ted by the freemen as before) are the Mini&s;ters of God, for the good of the people; And have power to declare,
<NOTE PLACE="marg">Rom. 13.4.</NOTE> publi&s;h, and e&s;tabli&s;h, for the plantations within their Juri&s;|dictions, the Lawes he hath made, and to make, and repeale Orders for &s;maller matters, not particularly determined in Scripture, according to the more Generall Rules of Righte|ou&s;ne&s;&s;e, and while they &s;tand in force, to require due ex|ecution of them.</P>
<P>Thirdly, to require an Oath from all the Magi&s;trates, <MILESTONE N="3"> De|puties, or A&s;&s;i&s;tents, &amp;c. In every Court of Judicature, for the faithfull di&s;charge of the tru&s;t committed to them, accor|ding to their be&s;t abilities. And to call them to account for the breach of any Lawes e&s;tabli&s;hed, or for other mi&s;demea|nours in their places,
<NOTE PLACE="marg">1 Sam. 12.3.</NOTE> and to cen&s;ure them as the quality of the offence may require; and here the Vote to pa&s;&s;e as in the Law of Appeals.</P>
<P>Fourthly, <MILESTONE N="4"> To impo&s;e an Oath of Fidelity and due &s;ubjecti|on to the ju&s;t Lawes &s;tanding in force, upon all the Freemen,
<NOTE PLACE="marg">Eccle&s;. 8.2. 2 K. 11.4.17. Ezra 7.26.</NOTE> Planters, and Inhabitants fit to take an Oath, with due penal|ty for ob&s;tinate refu&s;all, after &s;ome convenient time hath been given for due con&s;ideration.</P>
<P>Fifthly, <MILESTONE N="5"> To order and appoint &s;uch Works and Fortifica|tions as they conceive may tend to the better defence of this Colony; with Guns, Ammunition,
<NOTE PLACE="marg">2 Chron. 32.2, 3, 4, 5, 6.</NOTE> and all other provi&s;ions and furniture &s;uitable thereunto: And to provide that the &s;ame be kept and pre&s;erved in a condition fit for pre&s;ent &s;er|vice, whether again&s;t <HI>Indians,</HI> or other Enemies. And to or|der all affairs of war and peace, levying of men, <HI>&amp;c.</HI> with due re&s;pect to the former Articles of Confederation.</P>
<P>Sixthly, To order and regulate Trade, <MILESTONE N="6"> both with <HI>Indians</HI> and others, according to the Rules of Righteou&s;ne&s;s and pru|dence, for the publick good; and to &s;ettle and levy Rates,
<NOTE PLACE="marg">Ezek. 28.18. Rom. 13.4, 6.7.</NOTE> Contributions and Impo&s;itions upon all &s;orts of per&s;ons,
<PB N="14" REF="10">Lands and Goods, within this Juri&s;diction, as the publick &s;er|vice, and occa&s;ions of Church or Common-wealth may from time to time require.</P>
<P>Seventhly, <MILESTONE N="7"> To hear and determine all cau&s;es, whether Ci|vil or Criminall,
<NOTE PLACE="marg">Exod. 18.21.22.</NOTE> which by appeal or complaint &s;hall be or|derly brought unto them, either from any inferiour Court, or from any of the Plantations.</P>
<P>In all which, with what ever el&s;e falls within their cogni|zance, tru&s;t or Judicature (as the highe&s;t Court within this Juri&s;diction) they &s;hall proceed according to Scripture light,
<NOTE PLACE="marg">2 Tim. 3.16.</NOTE> and Lawes, and Orders, agreeing therewith. And nothing &s;hall be concluded, and pa&s;&s;e as an Act of the General Court (unle&s;&s;e in ca&s;es expre&s;ly excepted) but by the con&s;ent and Vote of the major part of the Magi&s;trates, together with the con&s;ent and Vote of the greater part of the Deputies.</P>
<P>Secondly there &s;hall be a Court, called the Court of Ma|gi&s;trates wherein all the Magi&s;trates for the Juri&s;diction,
<NOTE PLACE="marg">Acts 19.38.39.</NOTE> &s;hal meete and &s;itt at <HI>New-haven,</HI> at lea&s;t twice a year; namely, the Second day of the weeke, Commonly called Munday, before the Court of Elections in the Third Month called <HI>May,</HI> and the third fourth day in the weeke commonly cal|led Wedne&s;day, in the eight month called <HI>October,</HI> to heare examine and determine, all weighty and Capitall cau&s;es Ci|vill, and Criminall, above tho&s;e limited to Plantation Courts, And to receive, and try all Appeales duely brought un|to them, from plantation Courts, and to call all the Inha|bitants, Freemen, planters, and others to account for breach of any Lawes, or Orders, E&s;tabli&s;hed, or for other mi&s;demea|nours, and to cen&s;ure them, as the quality of the Offence &s;hall require, in which meetings of the Magi&s;trates, le&s;&s;e then foure Magi&s;trates, &s;hall not be accounted a Court, nor &s;hall they carry on any bu&s;ine&s;&s;e as a Court of Magi&s;trates. But it is expected, and required, that all, and every of the Magi&s;trates for this Juri&s;diction, doe con&s;tantly attend the Publick &s;ervice; at every Court of Magi&s;trates, whether fixed, or upon &s;peciall occa&s;ion duely Summoned, either by the Governor, or in his ab&s;ence, by the Deputy Gover|nor, or in their ab&s;ence, by any two Magi&s;trates of this Ju|ri&s;diction,
<PB N="15" REF="10">and if any of them (having had due warning) be ab|&s;ent at the fir&s;t &s;itting of any &s;uch Court, or after without leave depart, or di&s;orderly ab&s;ent him&s;elfe from the &s;ervice, before the Court be fini&s;hed, he, or they &s;hall pay for every &s;uch default, twenty &s;hilings fine to the Juri&s;diction, or more as the ca&s;e may require, unle&s;&s;e &s;ome providence of God (whereof the Court of Magi&s;trates &s;hall from time to time judge) did nece&s;&s;arily cau&s;e the &s;ame, and all Sentences in this Court, &s;hall pa&s;&s;e by the Vote of the Major part of the Magi&s;trates pre&s;ent, onely the Governor, and in his ab&s;ence the Deputy Governor, when Votes in other re&s;pects are equall, &s;hall in this Court, and when they or either of them, &s;itt in a Plantation Court, have a ca&s;ting Voyce, but from this Court, appeales and complaints may be made, and brought to the Generall Court, the Plaintiff in point of &s;ecurity, fir&s;t duely attending the Law of Appeales.</P>
<P>Thirdly be&s;ide the Generall Court, and Court of Magi&s;trates, for the ea&s;e of the Inhabitants, there &s;hall be Planation Courts, to heare and determine inferiour cau&s;es, which Courts may be of two &s;orts, namely in every Planattion within this Juri&s;diction, where there is a Magi&s;trate, one, or more, the Freemen from among them&s;elves, &s;hall choo&s;e at lea&s;t two Deputies, but three or fower if they &s;ee cau&s;e, to a&s;&s;i&s;t the Magi&s;trate, or Magi&s;trates, and in &s;uch Courts they may try any Civill cau&s;e betwixt party, and party, in valew not exceeding twenty Pounds, and any Cri|minall cau&s;e, when the puni&s;hment by Scripture Light, exceeds not &s;tocking, and whipping, and if the fine be pecuniary, when the fine exceeds not five pounds, and in all &s;uch Courts, the Sen|tance &s;hall pa&s;&s;e according to the Vote of the Major part of the Court, onely when Votes in their number are equall, the ca&s;ting Voyce &s;hall be in the Governor, or Deputy Governor, or Magi|&s;trates pre&s;ent. But to expedite ju&s;tice with as little inconveni|ence as may be to Magi&s;trates more remote, it is agreed, and Or|dered, that any &s;uch Plantation Court, calling in two other Ma|gi&s;trats, from any other neighbouring Plantation, or Plantations, within this Juri&s;diction, may try any civill cau&s;e, though of the highe&s;t Valew, and any Criminall cau&s;e, provided it be not Ca|pitall, extending to the life of the offendor, but in &s;uch Planta|tions, if the Magi&s;trate upon any occa&s;ion be ab&s;ent, the Depu|ties alone have no &s;uch power of Judicature, onely to prevent in|conveniences,
<PB N="16" REF="11">they may order the Mar&s;hall to &s;tay any Malefactor or &s;u&s;pitious per&s;on, or &s;eize, or &s;top the e&s;tate of any man, or part of it, upon ca&s;e &s;hewn, when the ca&s;e will not admit delay, till the Magi&s;trate come home, provided that &s;ufficient &s;ecurity be taken of him, or them, cau&s;ing &s;uch &s;tay or &s;eizure, to pay ju&s;t damages, if the proceedings prove unwarantable, and in ca&s;e of remove, or death of &s;uch Magi&s;trate, the Deputies fall in with other Plantations, where there is no Magi&s;trate, till further Or|der be taken, and in &s;uch Plantations Deputies being Cho&s;en, ei|ther by the Generall Court, or with their allowance, by the free|men from among them&s;elves, they may keepe Courts to i&s;&s;ue &s;maller cau&s;es, and to Order other affaires, in all re&s;pects, as the General Court &s;hall from time to time appoint and limit, but from all the&s;e Courts, and in all tryals, and proceedings in them, Appeals and complaints may be brought to the Court of Magi&s;trates, the Plaintiff putting in &s;ecurity, according to the Law of Appeales.</P>
<P>The&s;e Generalls were at fir&s;t laid, as a foundation for Govern|ment, though it was fore&s;eene, and agreed, that the Circum&s;tan|tialls therein, &s;uch as the Ordinary, and &s;ixed times both for Elections, and for the meeting of the Generall Court, and Court of Magi&s;trates, how oft, and when they &s;hall &s;it, the fines for ab|&s;ence, or di&s;orderly departing, and the Valew of cau&s;es to be tryed in Plantation Courts, with other particulars in their pro|ceedings might after be further con&s;idered, continued or al|tered, as may be&s;t &s;uite the cour&s;e of ju&s;tice, and the conveniency of the Plantations.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Certaine Lawes, Liberties, and Orders, made, granted, and e&s;ta|bli&s;hed, at &s;everall times, by the Generall Court of <HI>New-haven</HI> Colony, for and to the Inhabitants of that Juri&s;diction, now Collected, and further Publi&s;hed, for the u&s;e of &s;uch as are con|cerned in them, wherein they have made u&s;e of the Lawes pub|li&s;hed by the Honourable Colony of the <HI>Ma&s;&s;achu&s;ets.</HI></HEAD>
<P>IT is Ordered by this Court, and the Authority thereof, that no mans life, &s;hall be taken away, no mans honour, or good name, &s;hall be &s;tained, no mans per&s;on &s;hall be impri&s;oned, bani&s;hed, or otherwi&s;e puni&s;hed, no man &s;hall be deprived of his wife, or chil|dren, no mans goods, or e&s;tate &s;hall be taken from him, under co|lour of Law, or Countenance of Authority, unle&s;&s;e it be by ver|tue,
<PB N="17" REF="11">or equity of &s;ome expre&s;&s;e Law of this Juri&s;diction, e&s;tabli&s;hed by the Generall Court, and &s;ufficiently publi&s;hed, or for want of a Law in any particular ca&s;e, by the word of God, either in the Court of Magi&s;trates, or &s;ome Plantation Court, according to the weight and valew of the cau&s;e, onely all Capitall cau&s;es, concer|ning life or bani&s;hment where there is no expre&s;&s;e Law, &s;hall be judged according to the word and Law of God, by the Generall Court.</P>
<P>That no man &s;hall be put to death, for any offence, or mi&s;de|meanour in any ca&s;e, without the te&s;timony of two witne&s;&s;es at lea&s;t, or that which is Equivalent thereunto, provided, and to pre|vent, or &s;uppre&s;&s;e much inconvenience, which may grow, either to the publick, or to particular Per&s;ons, by a mi&s;take herein, it is Ordered, and declared, by the Authority afore&s;aid, that two, or three &s;ingle witne&s;&s;es, being of competent age, of &s;ound under|&s;tanding, and of good Reputation, and witne&s;&s;ing to the ca&s;e in que&s;tion (whither it concerne the publick peace, and welfare, or any one, and the &s;ame particular per&s;on) &s;hall be accounted (the party concerned, having no ju&s;t exception again&s;t them) &s;uffici|ent proofe, though they did not together &s;ee, or heare, and &s;o witne&s;&s;e to the &s;ame individuall, and particular Act, in reference to tho&s;e circum&s;tances of time, and place.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>ACTIONS.</HEAD>
<P>IT is Ordered by this Court and the Authority thereof, that every per&s;on impleading another, in the Court of Magi&s;trates, or in any Plantation Court, when the debt or damage he demands, or the action he layeth, is above twenty pounds, &s;o that it cannot be tryed by a Plantation Court, unle&s;s two Magi&s;trates of &s;ome other Plantation, be called in to a&s;&s;i&s;t, he &s;hall pay the &s;um of ten &s;hillings, before his ca&s;e be entred, or any part of it heard, unle&s;&s;e the Court &s;ee cau&s;e to admit the Plaintiff to &s;ue, <HI>in for|ma pauperis.</HI> But in all Actions, brought to any Court, the Plain|tiff &s;hall have Liberty to withdraw his action, or to be non &s;uited, before Sentence pa&s;&s;e, in which ca&s;e, he &s;hall alwayes pay full co&s;t and charges to the defendent, and may after renew his Suite at a|nother Court.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Age.</HEAD>
<P>It is Ordered <HI>&amp;c.</HI> that the age for pa&s;&s;ing away of Lands, or &s;uch kinds of Hereditaments, or ingagements of like nature, as for
<PB N="18" REF="12">giving of Votes, pa&s;&s;ing Sentences in publick meetings, Civil Courts, or Cau&s;es, &s;hall be at lea&s;t twenty and one years, but in ca&s;es admitting the choyce of Guardians, any age above fourteen may be &s;ufficient.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Appeales.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That if any man ca&s;t, or &s;entenced in his Cau&s;e,
<NOTE PLACE="marg">Acts 25.3, to 13.</NOTE> be un&s;atisfied with the proceedings and i&s;&s;ue, it &s;hall be in his liberty (the cau&s;e not being criminall) to make his Appeal from any Plantation Court, to the Court of Magi&s;trates; and in like ca&s;e, from the Court of Magi&s;trates, to the General Court. But in &s;uch ca&s;e, when the Magi&s;trates, or &s;ome of them, have already expre&s;t them&s;elves, to prevent difference and inconve|nience, it is Ordered, That the major part of the General Court, con&s;i&s;ting of Magi&s;trates and Deputies, taken joyntly &s;hall i&s;&s;ue it. But to prevent, or provide again&s;t unnece&s;&s;ary trouble to Courts, charge to the Juri&s;diction, and other inconveniencies which may follow, if the cour&s;e of Ju&s;tice be delayed, or evaded, it is further Ordered, That who&s;oever &s;hall &s;o Appeal, doe ten|der his Appeal, and put in &s;ufficient &s;ecurity before the Judges of the Court, from which he Appeales, the Secretary or other per|&s;on, or per&s;ons Authorized to admit Appeals, effectually by him|&s;elf, his Deputy or Attorney to pro&s;ecute his Appeal, at the next u&s;uall fixed time of that Courts &s;itting, to which the Appeale is made; and to ob&s;erve, perform, and pay to the Defendant, as &s;hall be there adjudged; but every &s;uch Appeal &s;hall be entred, and &s;ecurity as before put in, within three dayes after &s;entence in the cau&s;e was given, and the &s;ame at the charge of the party ap|pealing, to be recorded, and certified to the Court, unto which the Appeale is made. And la&s;tly, it is Ordered, that if in the re|view it appear,
<NOTE PLACE="marg">Exo. 2.9.</NOTE> the Plaintiff had no cau&s;e to Appeale, Petition, or complain, he &s;hall pay &s;uch further charge, as the Court &s;hall judge hath been expended in their &s;itting to re-examine his cau&s;e, that no unnece&s;&s;ary charge fall upon the Colony.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Appearance. Non-appearance.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That no man &s;hall be puni&s;hed for not ap|pearing at or before any Civil A&s;&s;embly, Court, Magi&s;trate, or Officer, nor for omi&s;&s;ion of any Office or &s;ervice, to be perfor|med in his own per&s;on only, if he &s;hall be nece&s;&s;arily hindred by any apparent providence of God, which he could neither fore&s;ee,
<PB N="19" REF="12">nor avoid, and by giving or &s;ending notice, hath done what was in his power. Provided, That this Law &s;hall not prejudice any per&s;on of his ju&s;t co&s;t and damage, in any civil action.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Arre&s;ts. </HI>&s;ee<HI> Impri&s;onment.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>Attachments.</HI> See further in the Title <HI>Di&s;tre&s;&s;e.</HI></HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That no Attachment &s;hall be granted in any civil action to any Forraigner, again&s;t a &s;etled Inhabitant of this Juri&s;diction, before he hath given &s;ufficient &s;ecurity, or cauti|on, duly to pro&s;ecute his Action, and to an&s;wer the Defendant &s;uch co&s;ts and damages, as the Court &s;hall award. And it is fur|ther Ordered, That in all Attachments of Goods and Chattels, of Lands or Hereditaments, whether by Forraigners, or &s;etled In|habitants, legall notice &s;hall be given to the party concerned, or le&s;t in writing at his hou&s;e, or place of u&s;uall abode, before the &s;uit proceed; but if he be out of the Juri&s;diction, the cau&s;e &s;hall proceed to tryall, but Judgement &s;hall not be entred till another Court at lea&s;t a month after. And if the Defendant doe not then appear, Judgement &s;hall be entred, but execution &s;hall not' granted before the Plaintiff hath given &s;ufficient &s;ecurity to be re|&s;pon&s;all to the Defendant, if he &s;hall rever&s;e the Judgement with|in one year, or &s;uch further time as the Court &s;hall &s;ee cau&s;e to Order.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>BAKERS.</HEAD>
<P>IT is Ordered, <HI>&amp;c.</HI> That every per&s;on within this Juri&s;diction, who &s;hall bake Bread for &s;ale, &s;hall have a di&s;tinct mark for his Bread, and keep the true a&s;&s;izes hereafter expre&s;&s;ed and ap|pointed.</P>
<P>When Wheat is ordinarily &s;old by the bu&s;hell, at the &s;everall Rates hereafter mentioned, the penny white loaf, penny wheaten loaf, and penny hou&s;hold loaf &s;hall weigh &s;everally and re&s;pe|ctively by <HI>aver dupoy&s;e</HI> weight as followeth.</P>
<P><TABLE>
<ROW>
<CELL ROLE="label">&nbsp;</CELL>
<CELL ROLE="label">s.</CELL>
<CELL ROLE="label">d.</CELL>
<CELL ROLE="label">the When the bu&s;hell of wheat is</CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>3</CELL>
<CELL>0</CELL>
<CELL><HI>penny white loaf</HI> 11&frac14; <HI>ounces, wheateu</HI> 17&frac14; <HI>ounces, hou&s;hold</HI> 23 <HI>ounces.</HI></CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>3</CELL>
<CELL>6</CELL>
<CELL><HI>penny white loaf</HI> 10&frac14; <HI>ounces, wheaten</HI> 15&frac14; <HI>ounces, hou&s;hold</HI> 20&frac12; <HI>ounces.</HI></CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>4</CELL>
<CELL>0</CELL>
<CELL><HI>penny white loaf</HI> 9&frac14; <HI>ounces, wheaten</HI> 14 <HI>ounces, hou&s;hold</HI> 18&frac12; <HI>ounces.</HI></CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>4</CELL>
<CELL>6</CELL>
<CELL><HI>penny white loaf</HI> 8&frac14; <HI>ounces, wheaten</HI> 12&frac34; <HI>ounces, hou&s;hold</HI> 16&frac12; <HI>ounces.</HI></CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>5</CELL>
<CELL>0</CELL>
<CELL><HI>penny white loaf</HI> 7&frac34; <HI>ounces, wheaten</HI> 11&frac12; <HI>ounces, hou&s;hold</HI> 15&frac12; <HI>ounces.</HI></CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>5</CELL>
<CELL>6</CELL>
<CELL><HI>penny white loaf</HI> 7 <HI>ounces, wheaten</HI> 10&frac12; <HI>ounces, hou&s;hold</HI> 14&frac14; <HI>ounces.</HI></CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>6</CELL>
<CELL>0</CELL>
<CELL><HI>penny white loaf</HI> 6&frac12; <HI>ounces, wheaten</HI> 10 <HI>ounces, hou&s;hold</HI> 13 <HI>ounces.</HI></CELL>
</ROW>
<ROW>
<CELL>at</CELL>
<CELL>6</CELL>
<CELL>6</CELL>
<CELL><HI>penny white loaf</HI> 6 <HI>ounces, wheaten</HI> 9&frac12; <HI>ounces, hou&s;hold</HI> 12&frac14; <HI>ounces.</HI></CELL>
</ROW>
</TABLE></P>
<PB N="20" REF="13">
<P>And &s;o proportionably under the penalty of forfeiting all &s;uch Bread, as &s;hall not an&s;wer the forementioned &s;everall A&s;&s;izes. And for the better execution of this Order there &s;halbe in every Plan|tation, as occa&s;ion may require, an Officer yearly cho&s;en, who &s;hal be &s;worn at the next Plantation Court, or by the next Magi&s;trate, or Officer for taking Oaths, unto the faithfull di&s;charge of his Of|fice, who is hereby authorized to enter into any hou&s;e, either with the Con&s;table,
<NOTE PLACE="marg">Lev. 19.36 Pro. 11.1. &amp; 20.10. Deu. 25.15 Am. 8.5, 6.</NOTE> or Mar&s;hall, or without, where he under|&s;tands that any Bread is baked for &s;ale, and to weigh &s;uch Bread, as often as he &s;eeth cau&s;e: and after once notice, or warning, to &s;eize all &s;uch bread as he findeth defective in weight, or not mar|ked according to this Order. And all &s;uch forfeitures &s;hall be di|vided, one third part to the Officer for his care and paines, and the re&s;t to the poor of the place.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Ballast.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That no Balla&s;t &s;hall be ca&s;t out of any Ship or other Ve&s;&s;el in the Channel, or other place inconvenient, in any Harbour within this Juri&s;diction, under the penalty of ten pounds to be levied upon the Owners, Mariners, Seamen, or others of|fending, to the u&s;e of the &s;aid Plantation. The &s;hip or ve&s;&s;el to be &s;tayed till payment be made.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Barratry.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That if any per&s;on be proved, and judged a common Barrater,
<NOTE PLACE="marg">Pro. 6.19. 16.28.26.21.</NOTE> vexing others with unju&s;t, frequent, and trou|ble&s;ome &s;uites, it &s;hall be in the power of any Court, both to re|ject his cau&s;e, and to puni&s;h him for his Barratry.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Bills and Specialties.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That any debt, or debts, due upon Bill, or other &s;pecialty, being duly a&s;&s;igned to another, &s;hall be as good a debt, and e&s;tate to the A&s;&s;ignee, as it was, or could be, to the A&s;&s;igner. And that it &s;hall be lawfull for the &s;aid A&s;&s;ignee to &s;ue for, and recover the &s;aid debt, due upon Bill, or other &s;pecial|ty, and &s;o a&s;&s;igned, as fully as the Original Creditor might have done. Provided the A&s;&s;ignation be either made upon the back of the Specialty, or to the Court &s;ome other way cleared, that fu|ture que&s;tions may be &s;topped, or duly an&s;wered.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>Burglary,</HI> and <HI>Theft.</HI></HEAD>
<P>It is ordered, <HI>&amp;c.</HI> That if any per&s;on &s;hall commit Burglary, or break up any dwelling-hou&s;e, or any thing equilant, or rob any
<PB N="21" REF="13">per&s;on by force, or by u&s;ing any threatning ge&s;tures, or other acti|ons, in the fields, high-wayes, or other place, the party &s;o offend|ing,
<NOTE PLACE="marg">Zech. 136 Judg. 18.7</NOTE> &s;hall for the fir&s;t offence (be&s;ide &s;uch re&s;titution and damage as the Court to which the cognizance belongs, &s;hall &s;ee cau&s;e to order) be branded on the right hand with the letrer (B) if he &s;hall offend in the like kind a &s;econd time (be&s;ide re&s;titution and damage) he &s;hall be branded on the left hand, and al&s;o be &s;e|verely whipt; and if he fall into the like offence the third time, (be&s;ide re&s;titution and damage out of his e&s;tate) he &s;hall be put to death as incorrigible. And if any per&s;on &s;hall commit &s;uch Burglary, or &s;o rob in any place on the Lords day, he &s;hall (be|&s;ide re&s;titution and damage) for the fir&s;t offence, be burnt on the right hand, as before, and &s;everely whipt; for the &s;econd of|fence, he &s;hall be burnt on the left hand, &s;tand on the Pillory, be &s;everely whipt, and wear a halter in the day time con&s;tantly and vi&s;ibly about his neck, as a mark of infamy, till the Court of Ma|gi&s;trates &s;ee cau&s;e to relea&s;e him from it;
<NOTE PLACE="marg">Numb. 15.30, 31.</NOTE> but if he fall into the &s;ame offence the third time, he &s;hall be put to death as incorrigi|bly unrighteous, and pre&s;umptuou&s;ly profane.</P>
<P>And to prevent or &s;uppre&s;&s;e other thefts, and pilfrings, it is Ordered, That if any per&s;on &s;hall be taken, or proved to have &s;tollen, a&s;&s;i&s;ted, or any way have been acce&s;&s;ary to the &s;tealing of any Cattel of what &s;ort &s;oever, or Swine, he &s;hall by way of for|feit make &s;uch re&s;titution to the owner,
<NOTE PLACE="marg">Ex. 22.1. to 5.</NOTE> as the Court con&s;idering all circum&s;tances, &s;hall judge mo&s;t agreeable to the word of God. And if any per&s;on &s;hall be proved to have &s;tollen any Goods of what &s;ort &s;oever, out of any mans dwelling-hou&s;e, Warehou&s;e, Barn, or other Outhou&s;e, or left out in Court, Yard, Garden, Orchard, High-way, from the Water-&s;ide, or out of any Boat or Ve&s;&s;el, or other place, or to have robbed any Garden, or Or|chard, or &s;tollen, or hurt, any grafts, or fruit-trees, or fruit, he &s;hall forfeit and pay double damages to the owner, be&s;ide &s;uch further fine and puni&s;hment, as the Court con&s;idering all aggra|vating circum&s;tances of time, manner, <HI>&amp;c.</HI> &s;hall judge meet. If the thief in any part of the premi&s;&s;es be not able to make re&s;titu|tion (if the ca&s;e require it) he is to be &s;old for a &s;ervant till by his labour he may make due re&s;titution. And if any Children,
<NOTE PLACE="marg">Ex. 22.3.</NOTE> or Servants, who cannot p<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">y for them&s;elves, shall tran&s;gre&s;&s;e, and tre&s;pa&s;&s;e in any part of the premi&s;&s;es, if their Parents or Ma&s;ters
<PB N="22" REF="14">will not pay the penalty for them, they &s;hall be publickly whipt, or further proceeded again&s;t as the ca&s;e may require, and all Ser|vants, and workemen, imbezeling pilfring or &s;tealing the goods of their Ma&s;ters, or &s;uch as &s;et them on worke, &s;hall make &s;uch Re&s;titution, and be liable to all Lawes and penalties as other men, and if any per&s;on &s;hall be proved to pilfer or &s;teale a &s;econd or third time, his puni&s;hment &s;hall be increa&s;ed by whiping or other wi&s;e, as the Court &s;hall &s;ee cau&s;e.</P>
<P>And foras much as &s;mall thefts, tre&s;pa&s;&s;es, or other offences of a Criminall nature, are &s;ometimes committed by the <HI>Engli&s;h</HI> or others in Townes or places remote from Pri&s;ons, or it may prove inconvenient to defer the Tryall, or to make &s;tay of the per&s;ons offending, or hard to get &s;ecurity for appearance at a Court, it is therefore Ordered, that any Magi&s;trate, or Deputy intru&s;ted to a&s;&s;i&s;t in Judicature, calling in &s;uch other help as the place affords for a Plantation Court (which help is hereby required to attend the &s;ervice upon due warning) may upon complaint brought to him, when the ca&s;e &s;o requires, with the fir&s;t conveniency, heare, and upon due proofe determine any &s;uch offence, (the valew whereof either in point of fine, damage, or other puni&s;hment ex|ceeds not the limits of that Plantation Court, according to the Lawes here e&s;tabli&s;hed) and may give warrant to the Mar&s;hall, or other Officer, for an&s;werable execution, but if the offendor re|&s;u&s;e to pay or have nothing to &s;ati&s;fie, the Magi&s;trate, or Deputy with the help afore&s;aid, may puni&s;h by &s;tocking, whiping, or otherwi&s;e; according to the nature of the offence, and import of this Law.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Capitall Lawes.</HEAD>
<P>IT is Ordered, <HI>&amp;c.</HI> That if any per&s;on after legall, or other due conviction, &s;hall have, or wor&s;hip any other God, but the Lord God, he &s;hall be put to death, <HI>Exod.</HI> 22.20. <HI>Deut.</HI> 13.6.10. <HI>Deut.</HI> 17.2, 3, 4, 5, 6.</P>
<P>If any per&s;on be a Witch, he or &s;he &s;hall be put to death, ac|cording to <HI>Exod.</HI> 22.18. <HI>Levit.</HI> 20.27. <HI>Deut.</HI> 18.10, 11.</P>
<P>If any per&s;on within this Juri&s;diction, profe&s;&s;ing the true God, &s;hall wittingly and willingly pre&s;ume to bla&s;pheme the holy name of God, Father, Son, or Holy Gho&s;t, with direct, expre&s;&s;e, pre|&s;umptuous, or high-handed bla&s;phemy, either by willfull or ob&s;ti|nate denying the true God, or his Creation, or Government of
<PB N="23" REF="14">the world, or &s;hall cur&s;e God, father, Son, or Holy gho&s;t, or re|proach the holy Religion of God, as if it were but a politick de|vice to keep ignorant men in awe; or &s;hall utter any other kind of bla&s;phemy of like nature, and degree, &s;uch per&s;on &s;hall be put to death. <HI>Lev.</HI> 24.15, 16.</P>
<P>If any per&s;on &s;hall commit any wilfull murder, if he &s;hall kill any man, woman or child, upon premeditated malice, hatred, or cruelty (not in a way of nece&s;&s;ary and ju&s;t defence, nor by meer ca&s;ualty again&s;t his will) he &s;hall be put to death. <HI>Exod.</HI> 21.12, 13. <HI>Numb.</HI> 35.31.</P>
<P>If any per&s;on &s;layeth another &s;uddenly in anger, or cruelty of pa&s;&s;ion, he &s;hall be put to death, <HI>Levit.</HI> 24.17. <HI>Numb.</HI> 35.16, 17, 18, 19, 20, 21.</P>
<P>If any per&s;on come pre&s;umptuo&s;ly to &s;lay another with guile, whether by any kinde of force, Poy&s;on, or other wicked practice, every &s;uch per&s;on &s;hall be put to Death. <HI>Exod.</HI> 21.14. Agree|ing with <HI>Deut.</HI> 19.19. By parity of Rea&s;on.</P>
<P>If any man or woman, &s;hall lye with any bea&s;t, or bruite crea|ture by carnall Copulation, he, or &s;he, &s;hall &s;urely be put to death, and the bea&s;t &s;hall be &s;laine, buried, and not eaten, <HI>Levit.</HI> 20.15, 16.</P>
<P>If any man lyeth with mankinde, as a man lyeth with a woman, both of them have Committed abomination, they both &s;hall &s;ure|ly be put to death. <HI>Levit.</HI> 20.13. And if any woman change the naturall u&s;e, into that which is again&s;t nature, as <HI>Rom.</HI> 1.26. &s;he &s;hall be liable to the &s;ame Sentence, and puni&s;hment, or if any per&s;on, or per&s;ons, &s;hall Commit any other kinde of unnaturall and &s;hamefull filthines, called in Scripture the going after &s;trange fle&s;h, or other fle&s;h then God alloweth, by carnall knowledge of another ve&s;&s;el then God in nature hath appointed to become one fle&s;h,
<NOTE PLACE="marg">Jude 7.</NOTE> whether it be by abu&s;ing the contrary part of a grown wo|man, or Child of either &s;ex, or unripe ve&s;&s;el of a Girle, wherein the naturall u&s;e of the woman is left, which God hath ordained for the propagation of po&s;terity, and Sodomiticall filthine&s;&s;e (tending to the de&s;truction of the race of mankind) is commit|ted by a kind of Rape, nature being forced, though the will were inticed, every &s;uch per&s;on &s;hall be put to death. Or if any man &s;hall act upon him&s;elf, and in the &s;ight of others &s;pill his owne &s;eed, by example, or coun&s;el, or both,
<NOTE PLACE="marg">Gen. 38.9.</NOTE> corrupting or tempting
<PB N="24" REF="15">others to doe the like which tends to the &s;in of Sodomy, if it be not one kind of it; or &s;hall defile, or corrupt him&s;elf and others, by any other kind of &s;infull filthine&s;&s;e, he &s;hall be puni&s;hed ac|cording to the nature of the offence; or if the ca&s;e con&s;idered with the aggravating circum&s;tances, &s;hall according to the mind of God revealed in his word require it, he &s;hall be put to death, as the Court of Magi&s;trates &s;hall determine.
<NOTE PLACE="marg">Deut. 22.25, 26.</NOTE> Provided that if in any of the former ca&s;es, one of the parties were forced, and &s;o abu&s;ed again&s;t his or her will, the innocent per&s;on (crying out, or in due &s;ea&s;on complaining) &s;hall not be puni&s;hed, or if any of the offending parties were under fourteen year old, when the &s;in was committed, &s;uch per&s;on &s;hall onely be &s;everely corrected, as the Court of Magi&s;trates con&s;idering the age, and other circum|&s;tances, &s;hall judge meet.</P>
<P>If any man married, or &s;ingle, commit Adultery with a marry|ed or e&s;pou&s;ed wife, the Adulterer and Adultere&s;&s;e &s;hall &s;urely be put to death, <HI>Lev.</HI> 18 20. <HI>Lev.</HI> 20.10. <HI>Deut.</HI> 22.23, 24.</P>
<P>If any per&s;on &s;teale a man, or mankind, that per&s;on &s;hall &s;urely be put to death, <HI>Exod.</HI> 21.16.</P>
<P>If any per&s;on ri&s;e up by fal&s;e witne&s;&s;e, wittingly and of purpo&s;e to take away any mans life, that per&s;on &s;hall be put to death, <HI>Deut.</HI> 19.16, 18, 19.</P>
<P>If any per&s;on &s;hall con&s;pire, and attempt any inva&s;ion, in&s;urre|ction, or publick Rebellion again&s;t this Juri&s;diction, or &s;hall en|deavour to &s;urprize, or &s;eize any Plantation, or Town, any Forti|fication, Platform, or any great Guns, provided for the defence of the Juri&s;diction, or any Plantation therein; or &s;hall treache|rou&s;ly and perfidiou&s;ly attempt the alteration and &s;ubver&s;ion of the frame of policy, or fundamentall Government laid, and &s;etled for this Juri&s;diction,
<NOTE PLACE="marg">Rom. 1.32</NOTE> he or they &s;hall be put to death, <HI>Num.</HI> 16.2 <HI>Sam.</HI> 18. 2 <HI>Sam.</HI> 20. Or if any per&s;on &s;hall con&s;ent unto any &s;uch mi&s;chievous practice, or by the &s;pace of foure and twenty houres conceale it, not giving notice thereof to &s;ome Magi&s;trate, if there be any Magi&s;trate in the Plantation, or place where he li|veth, or if none, to &s;ome Deputy for the Juri&s;diction, or to the Con&s;table of the place. that the publick &s;afety may be &s;ea&s;onably provided for, he &s;hall be put to death, or &s;everely puni&s;hed, as the Court of Magi&s;trates weighing all circum&s;tances &s;hall deter|mine.</P>
<PB N="25" REF="15">
<P>If any Child, or Children, above &s;ixteen year old, and of com|petent under&s;tanding, &s;hall cur&s;e, or &s;mite, his, her, or their natu|rall father, or mother, each &s;uch Child &s;hall be put to death, <HI>Exod.</HI> 21.17. <HI>Levit.</HI> 20.9. <HI>Exod.</HI> 21.15. unle&s;&s;e it be proved, that the Parents have been very unchriftianly negligent in the education of &s;uch Child, or Children, or &s;o pro|voked them by extream and cruell correction, or u&s;age, That they have been urged or forced thereunto, to pre&s;erve them&s;elves from death or maiming.</P>
<P>If any man have a &s;tubborn Rebellious Son, of &s;ufficient Age and under&s;tanding, namely &s;ixteen year old, or upward, which will not obey the voyce of his father, or the voyce of his mother, and that when they have cha&s;tned him, will not hearken unto them, then &s;hall his father and his mother (being his naturall Parents) lay hold on him, and bring him to the Magi&s;trates a&s;|&s;embled in Court, and te&s;tifie unto them, that their Son is &s;tub|born and rebellious, and will not obey their voyce and cha&s;ti&s;e|ment, but lives in &s;undry notorious crimes; &s;uch a Son &s;hall be put to death, <HI>Deut.</HI> 21.18, 19, 20, 21.</P>
<P>If any man &s;hall ravi&s;h any maid, or &s;ingle woman, who is a|bove the age of ten years, committing carnall copulation with her by force, again&s;t her own will, he &s;hall be &s;everely and grievou&s;|ly puni&s;hed, as the Court of Magi&s;trates con&s;idering all circum|&s;tances &s;hall determine.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Caske and Cooper.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That all Cask, whether Pipes Hog&s;heads,
<NOTE PLACE="marg">Deut. 25.15. Mic. 6.10.</NOTE> Barrels quarter Cask, or other &s;orts u&s;ed in Trade, whether for any Liquor, Fi&s;h, Pork, Beef, or other Commodity put to &s;ale, &s;hall be of <HI>London</HI> A&s;&s;ize. And that in each Plantation within this Juri&s;diction, where Cask is made or u&s;ed for Trade, the Plantation Court, or the Con&s;table, with the pre&s;ent or la&s;t De|puties for the Generall Court, where there is no Plantation Court &s;hall from time to time appoint &s;ome fit per&s;on, or per&s;ons, to view and gage all &s;uch Ve&s;&s;el or Cask: and &s;uch as &s;hall be found of due A&s;&s;ize and made of &s;ound, and well &s;ea&s;oned &s;tuffe, (and none but &s;uch &s;hall be marked with the Gagers mark) who &s;hall have for his paines eight pence for every Tun, and propor|tionably for what he &s;o marketh. And every Cooper &s;hall have, and &s;et a di&s;tinct brand-mark of his own, upon each Cask, upon
<PB N="26" REF="16">paine of forfeiting after the rate of twenty &s;hillings a Tun, for what he &s;ells, either without the Gagers mark, or not marked with his own con&s;tant brand mark.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cattell, Corn, Fields, Fences.</HEAD>
<P>To prevent, or remedy much inconvenience, and many diffe|rences which may grow about Fencing, Planting, Sowing, Feed|ing, and improving of common fields, inclo&s;ed for Corn, or other nece&s;&s;ary u&s;e, it is ordered, That every per&s;on intere&s;&s;ed in any &s;uch field &s;hall from time to time, make and keep his part of the Fence, &s;ufficiently &s;trong, and in con&s;tant repaire, according to all Orders in force in each Plantation, to &s;ecure the Corn, and other fruits therein. And &s;hall not put, cau&s;e, or permit any Cattel to be put in, &s;o long as any Corn, or other fruit &s;hall be growing, or remain upon any part of the Land &s;o inclo&s;ed. Un|le&s;&s;e by &s;ome generall expre&s;&s;e agreement of &s;uch as are intere&s;|&s;ed. And if at any time the owners or occupiers of any &s;uch inclo|&s;ed Land cannot, or doe not agree, in any part of the premi&s;es, It is Ordered, That upon due and &s;ea&s;onable notice given to the &s;e|fect men or Towns men, appointed for prudentiall affaires, pro|per to their care and tru&s;t by any concerned, and un&s;atisfied, they &s;hall appoint a convenient time to hear and order &s;uch differen|ces, and &s;ettle a due way of fencing, improving, and pre&s;erving &s;uch fields, and the fruits of them. And who&s;oever &s;hall oppo&s;e or tran&s;gre&s;&s;e, &s;hall be liable to all damages proved to grow there|by, and to &s;uch further fine for breach of Order, as the Plantati|on Court, or Authority there &s;etled for &s;uch purpo&s;es, &s;hall judge meet. But in any Plantation, where there are yet no &s;uch &s;elect, or Towns men, the Freemen from among them&s;elves, &s;hall yearly choo&s;e a convenient number to order &s;uch occa&s;ions, that peace and righteou&s;ne&s;&s;e may be the better pre&s;erved therein. And the&s;e &s;elect, or Towns men, &s;hall from year to year appoint one, two, or more, of the Planters, for all or each common field, be|longing to the Plantation where they dwell, to view the common Fences within their tru&s;t, and to take due notice of the reall de|fects and in&s;ufficiency thereof, and &s;hall forthwith acquaint the owners with the &s;ame. And if the &s;aid owners or occupiers doe not at furthe&s;t within &s;ix working dayes, or &s;ooner if the &s;aid &s;e|lect men &s;ee cau&s;e, and &s;o appoint, &s;ufficiently repaire, or cau&s;e the &s;ame to be repaired, he, or they, &s;hall forthwith upon the de|mand
<PB N="27" REF="16">of the appointed Viewer or Viewers (be&s;ide other ju&s;t damages) pay as a fine to the Plantation, twelve pence for every Rod (if there be a con&s;iderable quantity of &s;uch defective Fence together) or for every &s;ingle defect, in &s;uch faulty Fence, or the &s;aid Viewer or Viewers, taking due witne&s;&s;e of the defects, may if it &s;uite their conveniency forthwith repaire or renew them, or cau&s;e them to be repaired or renewed, and &s;hall have double re|compence for the &s;ame, to be paid (be&s;ide other ju&s;t damages) by the owners or occupiers of the &s;aid in&s;ufficient Fence, or Fen|ces. And in either ca&s;e if payment be denyed, or delayed, &s;uch Viewer, or Viewers, &s;hall have Warrant from the &s;aid &s;elect men, directed to the Mar&s;hall, or Con&s;table, to levy the &s;ame forthwith upon the e&s;tate of the Delinquent.</P>
<P>And where Lands lye in Common unfenced, if one man &s;hall improve his Land by fencing in &s;everall, and others, one, or more &s;hall not, he who &s;hall &s;o improve, &s;hall &s;ecure his Land from o|ther mens Cattel (unruly Cattle excepted) who &s;hall compell no man to make any Fence with him, except he al&s;o improve in &s;everall, and where one man &s;hall improve before his neighbour, and &s;o make the whole Fence, if his &s;aid neighbour &s;hall after im|prove, he &s;hall then &s;atisfie for half the others Fence again&s;t him, according to the pre&s;ent value, and &s;hall maintaine the &s;ame: And if the &s;aid fir&s;t man &s;hall after lay open his &s;aid field, or land, then the &s;aid Neighbour &s;hall both enjoy his &s;aid half Fence &s;o purcha&s;ed, and &s;hall have liberty to buy the other half Fence again&s;t his Land, paying according to the pre&s;ent worth as it &s;hall be rated by two men indifferently cho&s;en. And the like Order &s;hall be, when any man &s;hall improve Land, again&s;t, or adjoyn|ing to a Town Common. Provided this extend not to hou&s;e-lots, in which, if one &s;hall improve, his neighbour or neighbours &s;hall be compellable to make, and maintaine one half of the Fence be|tween them, whether he or they improve, or not. Provided al|&s;o, that no man &s;hall be liable to damage done in any ground not &s;ufficiently fenced, and him&s;elf not intere&s;&s;ed in the defective Fence, or &s;ome part of it, except the damage were done by pro|hibited or unruly Cattel of any &s;ort (in which Swine are inclu|ded) which cannot be re&s;trained by ordinary Fences, or where any &s;hall unwarrantably put in Cattel, of what &s;ort, or under what colour or pretence &s;oever, or otherwi&s;e willfully tre&s;pa&s;&s;e upon his neighbours ground.</P>
<PB N="28" REF="17">
<P>It is further Ordered, That what&s;oever Swine, or greater Cat|tel (Hor&s;es excepted, which are particularly mentioned hereaf|ter) &s;hall be found in the Woods, or Commons unmarked, are lyable to Poundage, and being either Pounded, or otherwi&s;e pro|&s;ecuted and proved, the Owner &s;hall pay for each Swine unmar|ked, three &s;hillings and four pence, of which half the fines to the Pounder, or Pro&s;ecutor, and the re&s;t to the Plantation. And for each of the greater &s;ort of Cattel, &s;ix &s;hillings, whereof half &s;hall be Ordered to the Pounder, or Pro&s;ecutor, and the re&s;t to the Plantation; but if the owners be not known, or found, then every &s;uch Swine or Bea&s;t of a greater kind, to be duly cryed, that the owner may take notice, claim his intere&s;t, and pay the fine, and charges; but if yet no owner be found, then after due appri&s;e|ment by indifferent men cho&s;en by Authority in the place, and the &s;ame recorded by the Secretary, &s;ale to be &s;o far made, that the fine and charges may be fully paid, and the remainder kept by the Trea&s;urer, till the owner be knowne, And the re&s;t of &s;uch Swine, or Cattel, being fir&s;t marked with a publick Town mark, or brand, with &s;ome di&s;tinction from the mark of particular men, to be again turned into the woods.</P>
<P>La&s;tly, it is Ordered, That no owner of Cattel, of what kind &s;oever, after knowledge, or notice given, that any Cattel of his, whether Hor&s;e, other Bea&s;t, or Swine, is unruly in re&s;pect to fen|ces, &s;hall &s;uffer any &s;uch to goe at liberty, either in Common, or again&s;t Corn fields, or other impropriate enclo&s;ed grounds fenced as afore&s;aid, but &s;hall either con&s;tantly keep them upon his own ground, within &s;ufficient fences, all his own , or put and keep upon each of them, &s;uch &s;hackles and fetters, or yoaks and rings, as may &s;ufficiently from time to time, re&s;train and prevent tre&s;pa&s;&s;e, or &s;hall pay all damages and charges, whether in Corne, or other fruits, with hurt in fences, expence of time, and help in catching Pounding, driving out, and bringing home, any &s;uch unruly Cat|tel, of what kind &s;oever, with &s;uch further fine for breach of Or|der, and Court charges, if the Plaintiff be put to recover it that way, as the Court &s;hall judge meet.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Charges publick.</HEAD>
<P>That publick charges may be defrayed in a ready and ju&s;t way, it is Ordered by this Court, and the Authority thereof That in each Plantation within this Juri&s;diction, the &s;elect or Towns
<PB N="29" REF="17">men, or &s;ome others thereunto deputed, doe yearly the fir&s;t week of the third month called <HI>May,</HI> require, procure, and make a full and ju&s;t Li&s;t of all the male per&s;ons within their limits, from &s;ixteen years old, and upwards; and a true e&s;timation of all per|&s;onall and reall e&s;tates, being or reputed to be the e&s;tate of all, and every the per&s;ons belonging to the Plantation, or in their pre|&s;ent po&s;&s;e&s;&s;ion, <HI>viz.</HI> of Hou&s;es, Lands of all &s;orts, Meadow and upland, as well unbroken up, as other (except &s;uch as doth and &s;hall lye common for free feed of Cattel at all times to the u&s;e of the inhabitants in generall) Mills, Ships, and all &s;mall Ve&s;&s;els, merchantable Goods, Cranes, Wharfs, and all &s;orts of Cattel, and other e&s;tate (hou&s;hold &s;tuff, and Goods of that kind, provided and kept for that u&s;e, and not for Trade, onely excepted, whether at Sea, or on &s;hoar, with a due con&s;ideration and e&s;timate of the advantage men may have by their &s;everall and re&s;pective Arts, or Trades. Which Li&s;t, and particular account, of males and e&s;tates in reference to Rates, &s;hall by the Deputies cho&s;en by each Plan|tation, and &s;ent to a&s;&s;i&s;t at the Generall Court, be pre&s;ented year|ly when they &s;it, in the latter end of <HI>May,</HI> under &s;uch penalty for default, as the Court con&s;idering the hindrance in the Juri&s;di|ction affaires, &s;hall &s;ee cau&s;e to inflict. All which per&s;ons and E|&s;tates, are to be a&s;&s;e&s;&s;ed and rated, by &s;uch as are thereunto ap|pointed, for one &s;ingle rate, as followeth, <HI>viz.</HI> Every male per|&s;on above &s;ixteen years of age (except Magi&s;trates and Elders of Churches) at twenty pence by the head, and all e&s;tates both reall and per&s;onall, at one penny for every twenty &s;hillings. And that Hou&s;es (wherein there is much difference) may be the more equally rated, according to their worth, it is Ordered, That the Deputies from the &s;everall Plantations within this Juri&s;diction now a&s;&s;embled at this Generall Court, doe before their return, rate two Hou&s;es in <HI>New-haven,</HI> which &s;hal be as pattenrs for the other Plantations to rate by. That all Lands, whether Meadow, or upland, and whether the upland be better, or wor&s;e, broken up, or not, (except it lye common as before) be rated at twenty &s;hillings an Acre, and for that a con&s;iderable part of mens e&s;tates in the&s;e parts, lyeth in Cattel, to avoyd many Que&s;tions which may grow about their age, it is Ordered, That all &s;orts of Cat|tel from year to year, though any of them &s;hould not be a year old till the la&s;t of <HI>July,</HI> yet in reference to Rates, be accounted,
<PB N="30" REF="18">and pay as if they were a year old the fir&s;t of <HI>May.</HI> And in like manner for two years old, or elder; and in lieu thereof, Cattel though near 3 quarters of a year old the fir&s;t of <HI>May,</HI> &s;hall not be Rated, and Cattel of a year and almo&s;t three quarters, &s;hall be Rated but a year old, and &s;o upward. And it is further Ordered, That till this Court find &s;ome con&s;iderable alteration in pri&s;es, every Cow of four year old (the age reckoned as before) or up|ward, &s;hall be Rated at five pounds, every Heifer, or Steer, three year old, reckoned as before, at four pounds; and betwixt two and three years old, at fifty &s;hillings; and of one year old, thirty &s;hillings. Every Ox, and Bull of four year old, or upward, at &s;ix pounds; every Hor&s;e of three year old (after the former account) or more, &s;hall be valued at ten pounds; every Mare of three year old, or upward, at twelve pounds; tho&s;e of two year old, or up|ward, according to the former account, whether Hor&s;e, or Mares, each of them at five pounds ten &s;hillings; and tho&s;e of three quarters of a year old, or above, till they come to be a year and three quarters, &s;hall be Rated at three pounds and ten &s;hillings; every yew &s;heep of a year old, or above, at thirty &s;hillings; eve|ry weather &s;heep, or Ram, of a year old, or above, at fixteen &s;hillings; every Goat of a year old, or above, at eight &s;hillings; every Swine of a year old, or above, at twenty &s;hillings; every A&s;&s;e of a year old, or above at forty &s;hillings. And all Hey, and Corn in the husbandmans hand, is hereby exempted from Rates, becau&s;e all Meadow, Arrable Land, and Cattle, are Rateable as afore&s;aid. And for all &s;uch per&s;ons, as by the advantage of their Arts and Trades, are more enabled to bear publick charges, then common Labourers and Workmen, as <HI>Butchers, Bakers, Victu|allers, Smiths, Carpenters, Taylors, Shoomakers Joyners, Barbers, Millers, Ma&s;ons,</HI> with other Arti&s;ts, &s;uch are to be rated for their returns and gaines, in proportion to other men, for the pro|duce of their e&s;tates. Provided that in the Rate by the Poll, &s;uch per&s;ons as are di&s;abled by &s;ickne&s;&s;e, lamene&s;&s;e, or other infirmi|ty, &s;hall be &s;o long exempted. And for &s;uch Servants and Chil|dren, as take not wages, their parents and Ma&s;ters &s;hall pay for them; but &s;uch as take wages, &s;hall pay for them&s;elves. And it is Ordered, That all Rates a&s;&s;e&s;&s;ed by this Court, be duly paid in, to the Juri&s;diction Trea&s;urer, at &s;uch time, or times, in &s;uch pay, and at &s;uch pri&s;es, as this Court &s;hall appoint, and under &s;uch pe|nalties
<PB N="31" REF="18">for default, as &s;hall from time to time be Ordered. And power is hereby given and granted to each Plantation within this Juri&s;diction, to gather all Rates from time to time, from the &s;e|verall inhabitants, as they grow due; and for want, or delay of payment in an orderly way, to di&s;treyn within their own limits, to prevent further inconveniences. But that the Juri&s;diction &s;uf|fer not by the neglect or delay of any Plantation, or Plantations herein, It is further Ordered, That at any time hereafter, upon the complaint of the Juri&s;diction Trea&s;urer, any Magi&s;trate may &s;end the Mar&s;hall alone, or with others to di&s;treyn the Cattel, Corn, or any other Goods belonging to any of the inhabitants, within &s;uch Plantation, as &s;hall be defective in the payment of Rates due, for the whole &s;um behind and unpaid, with addition of all penalties incurred, and due charges for the Mar&s;hall, and others imployed in &s;eizing, and bringing away &s;uch di&s;tre&s;&s;e, eve|ry inhabitant in &s;uch ca&s;e, having liberty to require, and recover his damage, from the Plantation, or Officers, there intru&s;ted for Civil affaires, according to Ju&s;tice. Provided that if any per&s;on now, or hereafter, having taken up a Lot, or Lots in any Planta|tion, be removed, or &s;hall withdraw him&s;elf, and his moveable e&s;tate, or any con&s;iderable part of it, &s;till keeping &s;uch Lot, or Lots, in his own po&s;&s;e&s;&s;ion, or power, without due improvement. by which means the Plantation wants his per&s;onall &s;ervice, be|&s;ides other inconveniences, It is hereby Ordered, That in &s;uch ca&s;e, every &s;uch per&s;on &s;hall in all re&s;pects, pay his Rates by Lands only, as was Ordered, and done before Rating by heads, and e&s;tates, but in due proportion to a whole Rate, as then it was. And if the Plantation find no other means to recover the &s;aid Rates, they may di&s;treyn Hou&s;es, or Lands, or both, upon a true account, that what advantage they &s;hall make, by &s;elling or let|ting the &s;ame, or any part thereof, over and above what is due for the &s;aid Rates, with ju&s;t damages, and nece&s;&s;ary charges, &s;hall be returned to the Owner, if he demand the &s;ame, within three years.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="32" REF="19">
<HEAD>Childrens Education.</HEAD>
<P>Whereas too many Parents and Ma&s;ters, either through an over tender re&s;pect to their own occa&s;ions, and bu&s;ine&s;&s;e, or not duly con&s;idering the good of their Children, and Apprentices, have too much neglected duty in their Education, while they are young, and capable of learning, It is Ordered, That the Depu|ties for the particular Court, in each Plantation within this Juri&s;|diction for the time being; or where there are no &s;uch Deput<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">es, the Con&s;table, or other Officer, or Officers in publick tru&s;t, &s;hall from time to time, have a vigilant eye over their brethren, and neighbours, within the limits of the &s;aid Plantation, that all parents and Ma&s;ters, doe duly endeavour, either by their own ability and labour, or by improving &s;uch Schoolma&s;ter, or other helps and means, as the Plantation doth afford, or the family may conve|niently provide, that all their Children, and Apprentices as they grow capable, may through Gods ble&s;&s;ing, attain at lea&s;t &s;o much, as to be able duly to read the Scriptures, and other good and profitable printed Books in the Engli&s;h tongue, being their native language, and in &s;ome competent mea&s;ure, to under&s;tand the main grounds and principles of Chri&s;tian Religion nece&s;&s;ary to &s;alvation. And to give a due An&s;wer to &s;uch plain and ordi|nary Que&s;tions, as may by the &s;aid Deputies, Officers, or others, be propounded concerning the &s;ame. And where &s;uch Deputies or Officers, whether by information or examination, &s;hall find any Parent or Ma&s;ter, one or more negligent, he or they &s;hall fir&s;t give warning, and if thereupon due reformation follow, if the &s;aid Parents or Ma&s;ters &s;hall thenceforth &s;eriou&s;ly and con&s;tantly apply them&s;elves to their duty in manner before expre&s;&s;ed, the former neglect may be pa&s;&s;ed by; but if not, then the &s;aid De|puties, or other Officer or Officers, &s;hall three months after &s;uch warning, pre&s;ent each &s;uch negligent per&s;on, or per&s;ons, to the next Plantation Court, where every &s;uch Delinquent upon proof, &s;hall be fined ten &s;hillings to the Plant<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">tion, to be levied as other fines. And if in any Plantation, there be no &s;uch Court kept for the pre&s;ent, in &s;uch ca&s;e, the Con&s;table or other Officer, or Offi|cers, warning &s;uch per&s;on or per&s;ons, before the Freemen, or &s;o many of them as upon notice &s;hall meet together, and proving the
<PB N="33" REF="19">neglect after warning, &s;hall have power to levy the fine as afore &s;aid: But if in three months after that, there be no due care ta|ken and continued for the Education of &s;uch Children or Appren|tices as afore&s;aid, the Delinquent (without any further private warning) &s;hall be proceeded again&s;t as before, but the fine dou|bled. And la&s;tly, if after the &s;aid warning, and fines paid or levi|ed, the &s;aid Deputies, Officer or Officers, &s;hall &s;till find a conti|nuance of the former negligence, if it be not ob&s;tinacy, &s;o that &s;uch Children or Servants may be in danger to grow barbarous, rude and &s;tubborn, through ignorance, they &s;hall give due and &s;ea&s;onable notice, that every &s;uch Parent and Ma&s;ter be &s;ummo|ned to the next Court of Magi&s;trates, who are to proceed as they find cau&s;e, either to a greater fine, taking &s;ecurity for due con|formity to the &s;cope and intent of this Law, or may take &s;uch Children or Apprentices from &s;uch Parents or Ma&s;ters, and place them for years, Boyes till they come to the age of one and twen|ty, and Girles till they come to the age of eighteen years, with &s;uch others, who &s;hall better educate and govern them, both for publick conveniency, and for the particular good of the &s;aid chil|dren or Apprentices.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Conveyances fraudulent.</HEAD>
<P>To prevent or avoyd the mi&s;chievous inconveniences which may grow by fraudulent conveyances, and that every man may the better know what e&s;tate or intere&s;t other men may have in any Hou&s;es, Lands, or other Hereditaments which he purpo&s;eth to deale in, It is Ordered, That no Morgage, Bargaine, Sale, Grant or Conveyance, made of any Hou&s;e or Hou&s;es, Lands, Rents, or other Hereditaments, within this Juri&s;diction, where the granter remaines in po&s;&s;e&s;&s;ion, &s;hall be hereafter in force, again&s;t any other per&s;on or per&s;ons, then the granter and his heirs,
<NOTE PLACE="marg">Gen. 23.16, 17, 18. Jer. 32.10, 11.</NOTE> unle&s;&s;e the &s;ame be acknowledged before &s;ome Court or Magi&s;trate within this Juri&s;diction, and Recorded as hereafter ex|pre&s;&s;ed And that no &s;uch grant, bargain or &s;ale already made in way of Morgage, <HI>&amp;c.</HI> where the granter remains in po&s;&s;e&s;&s;i|on, &s;hall be of force again&s;t any other but the granter and his heirs, except the &s;ame &s;hall be entred (as here expre&s;&s;ed) within one month after the fir&s;t publi&s;hing of this Order, if the party
<PB N="34" REF="20">concerned be within this Juri&s;diction, or el&s;e within three months after he &s;hall return. And if any &s;uch Granter be required of the Grantee, his Heirs or A&s;&s;igns, to make an acknowledgement ac|cordingly, of any grant, &s;ale, bargain, or morgage, by him made, and &s;hall refu&s;e &s;o to doe, it &s;hall be in the power of any Court or Magi&s;trate, to &s;end for the party &s;o re&s;u&s;ing, and upon evidence of his injuriou&s;ne&s;&s;e therein,
<NOTE PLACE="marg">1. The&s;&s;. 4.6.</NOTE> to commit him to Pri&s;on, without Baile or mainprize, untill he &s;hall acknowledge the &s;ame. And the Grantee in &s;uch ca&s;e is to enter his caution with the Secretary, or other Officer appointed to Record &s;uch Deeds, and this &s;hall &s;ave his intere&s;t in the mean time. But if it be doubtfull whether it be the deed or grant of the party, he &s;hall be bound with Sure|ties to the next Court of Magi&s;trates, and the caution &s;hall remain good as afore&s;aid. La&s;tly, it is Ordered, That in each Plantati|on, either the Secretary, or &s;ome other Officer, be appointed du|ly to enter and Record, in a Book kept for that purpo&s;e, all and every &s;uch grants, &s;ales, barg<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ines, morgages of hou&s;es, Lands, Rents, and other Hereditaments, as afore&s;aid, with all and every &s;uch caution, together with the name of the Granter and Gran|tee, thing, and E&s;tate granted, with the date thereof; the Gran|tee paying &s;ix pence to the Secretary or Officer, for each &s;uch Entry or Record.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Cooper,</HI> &s;ee <HI>Caske.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Courts for Strangers.</HEAD>
<P>For the ea&s;e and conveniency of Strangers, who &s;ometimes can|not &s;tay to attend the ordinary Courts of Ju&s;tice, it is Ordered, That the Governour, Deputy Governour, or any Magi&s;trate within this Juri&s;diction, may call a &s;peciall Court, and that in &s;uch ea&s;es, any three Magi&s;trates, calling in &s;uch of the Deputies for the Plantation Conrt, as may be had, &s;hall have power to hear and determine all cau&s;es civil and criminal (triable in Plantation Courts, when two Magi&s;trates are called in) which &s;hall ari&s;e be|twixt &s;uch Strangers; or when any &s;uch &s;tranger or &s;trangers, &s;hall be a party, whether Plaintiff or Defendant, the Secretary of the place (as in other ordinary trialls) duly Recording the pro|ceedings, all which &s;hall be at the charge of the party, or parties, as the Court &s;hall determine; &s;o that neither the Juri&s;diction
<PB N="35" REF="20">nor Plantation be charged by &s;uch Courts.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Cur&s;ing,</HI> &s;ee <HI>Prophane &s;wearing.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>Damages pretended,</HI> and <HI>Vexatious Suites.</HI></HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That if any per&s;on or per&s;ons in any &s;uit, &s;hall &s;al&s;ly pretend gr<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">at damages or debts, to di&s;credit, trouble, or vex his, her, or their adver&s;ary, the Court upon di&s;covery and proof, &s;hall have power to &s;et a rea&s;onable fine upon the head of any &s;uch offendor; and that in all ca&s;es, where it appears to the Court, that the Plaintiff hath willingly and wittingly done wrong to the Defendant, in commencing and pro&s;ecuting any Action, Suit, Complaint, or Indictment, in his own name, or in the name of others, he &s;hall be&s;ide ju&s;t damages to the party wronged, be fined forty &s;hillings, or any le&s;&s;e &s;um to the Juri<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">diction or Plan|tation Trea&s;ury, as the ca&s;e may require.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Di&s;tre&s;&s;e.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That no mans Corn or Hey that is in the field, or upon the Cart, nor his Garden &s;tuff, nor any thing &s;ub|ject to pre&s;ent decay, &s;hall be taken in Di&s;tre&s;&s;e, or by way of Attachment unle&s;&s;e it be fir&s;tduly prized, by Order of &s;ome Ma|gi&s;trate, or other Officer; and that he that takes it, fir&s;t put in due &s;ecurity to &s;atisfie the worth of it, if it come to any harm, with other damages, according to the cour&s;e of Ju&s;tice.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Di&s;turbers of the publick Peace.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Numb. 16.</NOTE> That who&s;oever &s;hall di&s;turb or undermine the peace of this Juri&s;diction, or of any of the Plantations, Chur|ches, Families, or per&s;ons within the &s;ame, whether by con&s;piring,
<NOTE PLACE="marg">Again&s;t the &s;ixt Com|mande|ment.</NOTE> or plotting with others, or by his own tumultuous and offen&s;ive carriage, traducing, reproaching, quarrelling, challenging, a&s;|&s;aulting, battery, or in any other way, tending to publick di&s;tur|bance, in what place &s;oever it be done, or &s;hall defame any Court of Ju&s;tice, or any of the Magi&s;trates,
<NOTE PLACE="marg">Ex. 22.28.</NOTE> or other Judges of any &s;uch Court within this Juri&s;diction in re&s;pect of any Act, or &s;entence therein pa&s;&s;ed; every &s;uch offender upon due proof made, either
<PB N="36" REF="21">in the Generall Court, Court of Magi&s;trates, or particular Court, (if the tryall, and i&s;&s;uing of the ca&s;e exceed not their limits) &s;hall be puni&s;hed by fine, impri&s;onment, binding to the peace, or good behaviour, disfranchi&s;ement or bani&s;hment, according to the quality and mea&s;ure of the offence, or di&s;turbance.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Divorce or a Marriage declared a Nullity De&s;ertion, <HI>&amp;c.</HI></HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That if any marryed per&s;on proved an A|dulterer, or an Adultere&s;&s;e, &s;hall by flight, or otherwi&s;e, &s;o with|draw or keep out of the Juri&s;diction, that the cour&s;e of Ju&s;tice (according to the mind and Law of God here e&s;tabli&s;hed) can|not proceed to due execution, upon complaint, proof, and pro&s;e|cution, made by the party concerned, and intere&s;&s;ed, a &s;eparati|on or Divorce, &s;hall by &s;entence of the Court of Magi&s;trates be granted and publi&s;hed, and the innocent party &s;hall in &s;uch ca&s;e have liberty to marry again, <HI>Mat.</HI> 19.9.</P>
<P>And if any man marrying a woman fit to bear Children, or needing and requiring conjugall duty, and due benevolence from her husband, it be found (after convenient forbearance and due tryall) and &s;atisfyingly proved, That the husband, neither at the time of marriage, nor &s;ince, hath been, is, nor by the u&s;e of any lawfull means, is like to be able to perform or afford the &s;ame, upon the wives due pro&s;ecution, every &s;uch marriage &s;hall by the Court of Magi&s;trates, be declared voyd, and a nullity, the woman freed from all conjugall relation to that man, and &s;hall have li|berty in due &s;ea&s;on, if &s;he &s;ee cau&s;e, to marry another; but if in any &s;uch ca&s;e, deceipt be charged and proved, that the man be|fore marriage knew him&s;elf unfit for that relation, and duty, and yet proceeded, &s;infully to abu&s;e an Ordinance of God, and in &s;o high a mea&s;ure to wrong the woman, &s;uch &s;atisfaction &s;hall be made to the injuried woman, out of the e&s;tate of the offendor, and &s;uch fine paid to the Juri&s;diction, as the Court of Magi&s;trates &s;hall judge meet. But if any husband after marriage, and marri|age duty performed, &s;hall by any providence of God be di&s;abled, he falls not under this Law, nor any penalty therein. And it is further declared,
<NOTE PLACE="marg">De&s;ertion.</NOTE> That if any husband &s;hall without con&s;ent, or ju&s;t cau&s;e &s;hewn, willfully de&s;ert his wife, or the wife her husband,
<PB N="37" REF="21">actually and peremptorily refu&s;ing all Matrimoniall &s;ociety, and &s;hall ob&s;tinately per&s;i&s;t therein, after due means have been u&s;ed to convince and reclaim, the husband or wife &s;o de&s;erted, may ju&s;tly &s;eek and expect help and relief, according to 1 <HI>Cor.</HI> 7.15. And the Court upon &s;atisfying evidence thereof, may not hold the innocent party under bondage.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Dowryes.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That every marryed woman (living with her husband in this Juri&s;diction, or other where ab&s;ent from him, with his con&s;ent, or through his meer default, or inevitable pro|vidence, or in ca&s;e of Divorce where &s;he is the innocent party) that &s;hall not before marriage be e&s;tated by way of Joynture (ac|cording to Agreement) in &s;ome Hou&s;ing, Lands Tenements, Hereditaments, or other means for tearm of her life, &s;hall imme|diately after the death of her husband, have right and intere&s;t by way of Dower, in and to one third part of all &s;uch Hou&s;es, Lands, Tenements and Hereditaments, as her &s;aid husband was &s;eized of to his own u&s;e, either in po&s;&s;e&s;&s;ion, rever&s;ion, or remainder, with|in this Juri&s;diction, at any time during the marriage, to have and enjoy for tearm of her naturall life, according to the e&s;tate of &s;uch husband, free, and freely di&s;charged of and from all Titles, Debts, Rents, Charges, Judgements Executions, and other In|cumbrances what&s;oever, had, made, or &s;uffered by her &s;aid hu&s;|band, during the &s;aid marriage between them, or by any other per&s;onclaiming by, from, or under him, otherwi&s;e then by any Act, or con&s;ent of &s;uch wife, as this Court &s;hall ratifie, and allow. And if the Heir of the husband, or other per&s;on intere&s;&s;ed, &s;hall not with|in one month after lawfull demand made, A&s;&s;ign, and &s;et out to &s;uch widow, her ju&s;t third part with conveniency, or to her &s;ati&s;|faction, according to the intent of this Law, then upon due com|plaint, and pro&s;ecution either before the Court of Magi&s;trates, or Plantation Court, as the ca&s;e may require, her Dower, or third part, &s;hall be a&s;&s;igned and &s;et forth by &s;uch per&s;ons as the Court &s;hall appoint, with due co&s;ts and damages. Provided that this Law &s;hall not extend to any Hou&s;es, Lands, Tenements, or other Hereditaments, &s;old or conveyed away by any husband <HI>bona fide,</HI> for valuable con&s;ideration before this Law was publi&s;hed. And it
<PB N="38" REF="22">is further Ordered, That every &s;uch wife, as before expre&s;&s;ed, im|mediately after the death of her husband, &s;hall have intere&s;t in, and unto, one third part of all &s;uch Money, Goods and Chattels, of what kind &s;oever, whereof her husband &s;hall dye po&s;&s;e&s;&s;ed, (&s;o much as &s;hall be &s;ufficient for the di&s;charge of his Funerall, and ju&s;t debts, being fir&s;t deducted) to be allowed, and &s;et out to her (as before appointed) for her Dower; provided alwayes, that every &s;uch widow endowed as afore&s;aid, &s;hall from time to time, maintain all &s;uch Hou&s;es, Fences, Inclo&s;ares, with what el&s;e &s;hall be for her life a&s;&s;igned to her of &s;uch E&s;tate, for her Dowry, and &s;hall in all re&s;pects leave the &s;ame in good and &s;ufficient repaire, neither committing nor &s;uffering any &s;trip, or wa&s;t.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Eccle&s;ia&s;ticall Provi&s;ions.</HEAD>
<P>FOra&s;much as the word of God,
<NOTE PLACE="marg">E&s;ay 49.23. 1 Tim. 2.3.</NOTE> as it is contained in the Holy Scriptures, is a pure and precious light, by God in his free and rich grace given to his people, to guide and direct them in &s;afe paths to everla&s;ting peace. And for that the Preaching of the &s;ame, in a way of due Expo&s;tion and Application, by &s;uch as God doth furni&s;h and &s;end, is through the pre&s;ence and power of the holy Gho&s;t, the chief ordinary means appointed of God for Conver&s;ion,
<NOTE PLACE="marg">Acts 13.10 with <HI>Bexa</HI> his Note upon it.</NOTE> Edification, and Salvation, It is Ordered, That if any Chri&s;tian (&s;o called) &s;hall within this Juri&s;diction, behave him&s;elf contemptuou&s;ly toward the word Preached, or any Mini|&s;ter thereof, called, and faithfully di&s;pen&s;ing the &s;ame in any Con|gregation, either by interrupting him in his Preaching, or fal&s;ly charging him with errour, to the di&s;paragement and hindrance of the work of Chri&s;t in his hands, every &s;uch per&s;on or per&s;ons, &s;hall be duly puni&s;hed, either by the Plantation Court, or Court of Magi&s;trates, according to the quality and mea&s;ure of the of|fence, that all others may fear to break out into &s;uch wicked|ne&s;&s;e.</P>
<P>And it is further Ordered, That where&s;oever the Mini&s;try of the word is e&s;tabli&s;hed within this Juri&s;diction, according to the Order of the Go&s;pel, every per&s;on according to the mind of God, &s;hall duly re&s;ort and attend thereunto, upon the Lords dayes at lea&s;t, and al&s;o upon dayes of publick Fa&s;ting, or Thank&s;giving, Ordered to be generally kept and ob&s;erved. And if any per&s;on
<PB N="39" REF="22">within this Juri&s;diction, &s;hall without ju&s;t and nece&s;&s;ary cau&s;e, ab|&s;ent or withdraw from the &s;ame, he &s;hall after due means of con|viction u&s;ed, for every &s;uch &s;infull mi&s;carriage, forfeit five &s;hil|lings to the Plantation, to be levied as other Fines.</P>
<P>It is further Ordered, That all the people of God within this Juri&s;diction, who are not in a Church way, being Orthodox in judgement, and not &s;candalous in life, &s;hall have full liberty to gather them&s;elves into a Church e&s;tate, provided they doe it in a Chri&s;tian way, with due ob&s;ervation of the Rules of Chri&s;t, re|vealed in his word; provided al&s;o that this Court doth not, nor hereafter will approve of any &s;uch company of per&s;ons, as &s;hall joyn in any pretended way of Church fellow&s;hip, unle&s;&s;e they &s;hall fir&s;t in due &s;ea&s;on, acquaint both the Magi&s;trates, and the Elders of the Churches within this Colony, where and when they intend to joyn, and have their approbation therein. Nor &s;hall any per&s;on being a Member of any Church, which &s;hall be gathe|red without &s;uch notice given, and approbation had; or who is not a Member of &s;ome Church in <HI>New-England,</HI> approved by the Magi&s;trates, and Churches of this Colony, be admitted to the freedome of this Juri&s;diction.</P>
<P>And that the Ordinances of Chri&s;t may be upheld, and com|fortable provi&s;ion made and continued, for a due maintenance of the Mini&s;try according to the Rule, 1 <HI>Cor.</HI> 9.6. <HI>to</HI> 12. <HI>Gal.</HI> 6.6. It is Ordered, That when, and &s;o oft as there &s;hall be cau&s;e, either through the perver&s;ne&s;&s;e, or negligence of men, the parti|cular Court in each Plantation, or where no Court is held, the Deputies la&s;t cho&s;en for the Generall Court with the Con&s;table,
<NOTE PLACE="marg">2 Chron. 31.4. Neh. 13.10. to 15.</NOTE> or other Officer for pre&s;erving peace, <HI>&amp;c.</HI> &s;hall call all the Inha|bitants, whether Planters, or Sojourners before them, and de&s;ire every one particularly to &s;et down what proportion he is willing and able to allow yearly, while God continues his e&s;tate, towards the maintenance of the Mini&s;try there. But if any one, or more, to the di&s;couragement or hindrance of this work, refu&s;e or delay, or &s;et down an unmeet proportion in any and every &s;uch ca&s;e, the particular Court, or Deputies and Con&s;table as afore&s;aid, &s;hall rate and a&s;&s;e&s;&s;e every &s;uch per&s;on, according to his vi&s;ible e&s;tate there, with due moderation, and in equall proportion with his neighbours. But if after that,, he deny, or delay, or tender un&s;uitable payment, it &s;hall be recovered as other ju&s;t debts. And
<PB N="40" REF="23">it is further Ordered, That if any man remove from the Plantati|on where he lived, and leave or &s;uffer his Land there, or any part of it, to lye unimproved, neither &s;elling it nor freely &s;urrendring it to the Plantation, he &s;hall pay one third part of what he paid before, for his movable e&s;tate and Lands al&s;o. And in each Plan|tation where Mini&s;ters maintenance is allowed in a free way, with|out Rating, he &s;hall pay one third part of what other men of the lowe&s;t rank, enjoying &s;uch accomodations, doe pay: But if any removing &s;ettle near the &s;aid Plantation, and continue &s;till to im|prove his Land, or &s;uch part of it as &s;eems good to him&s;elf, he &s;hall pay two third parts of what he paid before, when he lived in the Plantation, both for moveable e&s;tate, and Land, or two third parts of what others of like accomodation pay.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>E&s;cheates.</HEAD>
<P>It is Ordered,
<NOTE PLACE="marg">From pro|portion with that Law in Deut. 22.1, 2, 3.</NOTE> <HI>&amp;c.</HI> That where no Heire, or Owner of Hou|&s;es, Lands, Tenements, Goods, or Chattels, can be found upon the decea&s;e of the late Te&s;tator or Proprietor. A true Invento|ry of every &s;uch E&s;tate, in all the parts, and parcels of it, &s;hall with the fir&s;t conveniency be duly taken, and a ju&s;t appri&s;ement made upon Oath, by fit men thereunto appointed by the Magi|&s;trate, or &s;uch Authority as at that time is in the Plantation, where the &s;aid e&s;tate is; and the whole e&s;tate to be &s;eized to the publick Trea&s;ury, till the true Heires or Owners &s;hall make due claime thereto, unto whom the &s;ame &s;hall be re&s;tored, upon ju&s;t and rea&s;onable tearms.</P>
<CLOSER><POSTSCRIPT>
<P><LIST>
<ITEM><HI>Fal&s;ifying</HI> &s;ee <HI>Forgery.</HI></ITEM>
<ITEM><HI>Fences,</HI> &s;ee <HI>Cattell.</HI></ITEM>
<ITEM><HI>Fines,</HI> &s;ee <HI>Rates.</HI></ITEM>
</LIST></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Fire.</HEAD>
<P>IT is Ordered, <HI>&amp;c.</HI> That who&s;oever &s;hall kindle any fire in Woods,
<NOTE PLACE="marg">Exo. 22.6.</NOTE> or Grounds, lying in common, or inclo&s;ed, &s;o as the &s;ame &s;hall burn Fences, Buildings, or cau&s;e any other damage, in any &s;ea&s;on or manner, not allowed by the Authority in that Plan|tation, or on the la&s;t day of the week, or on the Lords day, &s;uch per&s;on &s;hall pay all damages, and half &s;o much more, for a fine
<PB N="41" REF="23">to the Plantation, and if not able to pay, &s;hall be corporally pu|ni&s;hed, as the Court &s;hall judge meet. But who&s;oever &s;hall wit|tingly and willingly burn, or de&s;troy any Farm, or other building, Timber hewed, &s;awn, or riven, heaps of Wood, Charcoal, Corn, Hey, Straw, Hemp, Flax, or other Goods he &s;hall pay double or treble damages, as the Court &s;hall judge meet; or if not able to make &s;uch re&s;titution, he &s;hall be either &s;old for a &s;ervant till by his labour he may doe it, or be &s;everely puni&s;hed, as the ca&s;e may require.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>Forgery</HI> or <HI>Fal&s;ifying.</HI></HEAD>
<P>It is Ordered, <HI>&amp;c.</HI>
<NOTE PLACE="marg">It's al&s;o a Te&s;timony again&s;t the Ninth Comman|dement.</NOTE> That if any per&s;on &s;hall forge or fal&s;ifie any Deed or Conveyance, Te&s;tament, Bond, Bill, Relea&s;e, Acquit|tance, Letter of Attorney, or any Writing to pervert Equity and Ju&s;tice, he &s;hall &s;tand on the Pillory three &s;everall Lecture dayes, or other dayes of mo&s;t publick re&s;ort, as the Plantation Court or Court of Magi&s;trates (according to the value of the Cau&s;e) &s;hall appoint, and &s;hall render double damages to the party wronged; and further, he &s;hall be di&s;abled to give any Evidence to any Court, or Magi&s;trate in this Juri&s;diction, till upon his Repentance &s;atisfyingly manife&s;ted to the Court of Magi&s;trates, he be by &s;en|tence relea&s;ed from it.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Fornication.</HEAD>
<P>It is Ordered <HI>&amp;c.</HI>
<NOTE PLACE="marg">Deut. 22.28, 29. Exod. 22, 16, 17.</NOTE> That if any &s;hall commit Fornication with any &s;ingle woman, they &s;hall be puni&s;hed, either by enjoyn|ing marriage, or fine, or corporall puni&s;hment, any, or all the&s;e, as the Court of Magi&s;trates, or Plantation Court duly con&s;idering the ca&s;e with the circum&s;tances, &s;hall judge mo&s;t agreeable to the word of God.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Fraudulent Conveyances,</HI> &s;ee <HI>Conveyances.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<PB N="42" REF="24">
<HEAD>Gaming.</HEAD>
<P>TO prevent much inconvenience which may grow by Gaming, It is Ordered, That no per&s;on, who either as an Inn-keeper, or &s;eller of &s;trong Liquors, Wine or Beer, entertaines &s;trangers or others, to lodge, or eat, or drink, &s;hall permit or &s;uffer any to u&s;e the Game of Shuffleboard, or any other Gaming within his hou&s;e, or limits, under the Penalty of twenty &s;hillings for every time &s;o offending. And what ever per&s;on or per&s;ons &s;hall &s;o play or Game, in any &s;uch hou&s;e, or place, or in any other Gaming hou&s;e, where there is a common re&s;ort to &s;uch Play, or Gaming, &s;hall forfeit for every &s;uch offence five &s;hillings. And who&s;oever &s;hall &s;o play, or game for money, or money worth, &s;hall further forfeit double the value thereof, one half to the informer, and the re&s;t to the Plantation, within the limits whereof he &s;o played or gamed.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Here&s;ie.</HEAD>
<P>Although no Creature be Lord,
<NOTE PLACE="marg">2 Cor. ult. Jam. 4.12.</NOTE> or have power over the faith and con&s;ciences of men, nor may con&s;treyn them to believe, or profe&s;&s;e, again&s;t their con&s;ciences, yet to re&s;treyn, or provide again&s;t &s;uch as may bring in dangerous Errours or Here&s;ies, tend|ing to corrupt and de&s;troy the &s;oules of men, It is Ordered, <HI>&amp;c.</HI> That if any Chri&s;tian within this Juri&s;diction, &s;hall goe about to &s;ubert or de&s;troy the Chri&s;tian faith,
<NOTE PLACE="marg">2 Pet. 2.1, 2. with Deut. 13.5.</NOTE> or Religion, by broaching, publi&s;hing, or maintaining any dangerous errour, or Here&s;ie, or &s;hall endeavour to draw, or &s;educe others thereunto, every &s;uch per&s;on &s;o offending, and continuing ob&s;tinate therein, after due means of conviction,
<NOTE PLACE="marg">Zach. 13.3.6.</NOTE> &s;hall be fined, bani&s;hed, or otherwi&s;e &s;e|verely puni&s;hed, as the Court of Magi&s;trates duly con&s;idering the offence, with the aggravating circum&s;tances, and danger like to en&s;ue, &s;hall judge meet.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="43" REF="24">
<HEAD>Hor&s;es.</HEAD>
<P>Whereas many que&s;tions, and &s;ometimes trouble&s;ome &s;uites grow betwixt men, about Hor&s;es running together in the Woods unmarked, It is Ordered&punc; That each Plantation in this Juri&s;dicti|on &s;hall have a marking iron, or fle&s;h-brand, for them&s;elves in particular, to di&s;tingui&s;h the Hor&s;es of one Plantation from ano|ther; namely <HI>New-haven</HI> an iron made to &s;et on the impre&s;&s;ion of an H, as a brand-mark, <HI>Milford</HI> an M, <HI>Guilford</HI> a G, <HI>Stam|ford</HI> an S, <HI>Southold</HI> an S with an O in the middle of it, <HI>Brainford</HI> a T. Which Plantation brand-mark, is to be vi&s;ibly and as &s;uffici|ently as may be, &s;et upon the near buttock of each Hor&s;e, Mare, and Colt, belonging to that Plantation. Be&s;ide which, every Owner is to have, and mark his Hor&s;e or Hor&s;es with his own particular fle&s;h-brand having &s;ome Letter, or Letters of his name, or &s;uch di&s;tingui&s;hing mark, that one mans Hor&s;es may be known from anothers. And that in each Plantation there be an Officer appointed; to Record each particular mans mark, and to &s;ee each particular mans Hor&s;e, Mare, and Colt, branded, and to take notice, and record the age of each of them, as near as he can, with the colour, and all ob&s;ervable marks, whether naturall or artificiall; and what artificiall marks it had before the branding, whether on the ear, or el&s;where, with the year and day of the month when branded. And in each Plantation, the Officer for his care and pains, to have &s;ix pence of the owner, for each Hor&s;e, Mare, or Colt, &s;o branded and Recorded. And that after the pub|li&s;hing hereof, every one who hath any Hor&s;e, or Hor&s;es, of what age or kind &s;oever, doe duly attend this Order, at his perill; the Officer al&s;o is to require as &s;atisfying evidence of his right, who pre&s;ents any &s;uch Hor&s;e, <HI>&amp;c.</HI> as may be had, or to Record any defect of due Evidence, that a way may be open to other claimes.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Impo&s;t upon Wines, and &s;trong Liquors.</HEAD>
<P>FOr the better &s;upport of the Government of this Juri&s;dicti|on, <HI>&amp;c.</HI> That every Per&s;on, Merchant, Seaman, or other,
<NOTE PLACE="marg">Rom 13.7.</NOTE> who &s;hall bring any Wine into any Harbour, or place within this Co|lony
<PB N="44" REF="25">(except it come directly from <HI>England,</HI> or out of &s;ome o|ther Harbour within this Juri&s;diction, where they have already paid Cu&s;tome, and that certified by the Officer who received it, before he or they Land or di&s;po&s;e any of it, more or le&s;&s;e) &s;hall fir&s;t make entry of &s;o many Buts, Pipes, or other Ve&s;&s;els, as he, they, or any of them &s;hall put, take on &s;hore, or any way di&s;|po&s;e, by a note in writing, delivered to the Juri&s;diction Trea&s;urer at his hou&s;e, or to &s;ome other Officer, appointed by each Planta|tion, who is to be upon his Oath for the &s;aid &s;ervice, under the penalty of forfeiture and confi&s;cation of all &s;uch Wines as contra|ry to this Order, are or &s;hall be landed or &s;old before &s;uch Entry made, where&s;oever found, or &s;ome le&s;&s;e penalty, as the Court &s;hall judge meet, upon proof that the errour was committed through ignorance. And the fir&s;t buyer, under the &s;ame penalty, &s;hall &s;ee the &s;ame be done, the one half to the Juri&s;diction, and the other half to him that informs, and pro&s;ecutes in the ca&s;e. And the Merchant, or Owner of &s;uch Wines of any kind, as &s;oon as he imports, Lands, and &s;ells them, or any of them, &s;hall deliver and pay to the &s;aid Trea&s;urer, or Officer, for every But or Pipe of <HI>Fiall</HI> wines, or any other wines of tho&s;e I&s;lands, five &s;hillings; for every Pipe of <HI>Madary</HI> wines, &s;ix &s;hillings and eight pence; for every But or Pipe of <HI>Sherris</HI> Sack, <HI>Maligo,</HI> or <HI>Canary</HI> wines, ten &s;hillings; for <HI>Ba&s;tards, Tents,</HI> and <HI>Alligants,</HI> ten &s;hillings: And proportionably for greater or le&s;&s;er Ve&s;&s;els of each kind And for every Hog&s;head of <HI>French</HI> wines, two &s;hillings and &s;ix pence, and proportionably for greater or le&s;&s;er Ve&s;&s;els. And upon proof that any the forementioned wines, have been imported or landed, without &s;uch entry and payment, if neither the &s;eller nor wine can be found, then double the value of the &s;aid Cu&s;tomes, by this Or|der due to the Juri&s;diction, are to be recovered by way of Action, as other debts, of the fir&s;t buyer of the &s;aid wines, if it will not be paid otherwi&s;e.</P>
<P>And it is further Ordered, That who&s;oever &s;hall bring any &s;trong liquor, of what kind &s;oever, into any Harbour or other part of this Colony (unle&s;&s;e directly out of <HI>England,</HI> or out of &s;ome other part of this Juri&s;diction, where Cu&s;tome hath been paid, and certified, as in the ca&s;e of wines) before he or they land or di&s;po&s;e of any of it, more or le&s;&s;e, &s;hall fir&s;t make a true and full entry, of the quantity he &s;hall &s;o import, or cau&s;e to be imported
<PB N="45" REF="25">or landed, by a note in writing delivered to the Juri&s;diction Trea|&s;urer at his hou&s;e, or to &s;ome other Officer, as in the ca&s;e of wines, under the like penalty of forfeiture, with mitigation if the ca&s;e re|quire it, as there, the one half to the Juri&s;diction, the other half to him that informs and pro&s;ecutes. And the owner, or impor|ter of any &s;uch &s;trong liquor, as &s;oon as he lands, imports, and &s;ells it, or any part of it, &s;hall deliver and pay to the &s;aid Trea&s;u|rer, or Officer, for every Anchor containing ten Gallons, &s;ix &s;hil|lings and eight pence, and &s;o for greater or le&s;&s;er quantities, name|ly after the rate of eight pence a Gallon. And the fir&s;t buyer &s;hall under the &s;ame penalty, &s;ee that &s;uch entry and payment be duly made. And that who&s;oever within this Colony, &s;hall at any time for &s;ale or merchandize, di&s;till any &s;ort of &s;trong liquor, he or &s;he &s;hall within eight dayes after the &s;ame is di&s;tilled, and &s;o ready for u&s;e, or &s;ale, give in a like true note in writing, of the full quantity &s;o di&s;tilled, to the Trea&s;urer, or other Officer, un|der the like penalty, and &s;hall within three months after, duly pay, or cau&s;e to be paid to the &s;aid Trea&s;urer, or Officer, after the rate of eight pence a Gallon, for the full quantity &s;o di&s;tilled, and upon proof, that any &s;uch &s;trong liquor hath been di&s;tilled and &s;old without &s;uch entry and payment, the value thereof &s;hall be forfeited to the Juri&s;diction, unle&s;&s;e cau&s;e of mitigation ap|pear, as in the Wines. And that no per&s;on at any time retaile any &s;ort of &s;trong liquor within this Juri&s;diction, without expre&s;&s;e li|cen&s;e from the Authority of the Plantation, within the limits whereof he &s;o &s;ells, wherein the &s;elling of le&s;&s;e then three Gallons at a time, is to be accounted retaile, and that due moderation be attended in pri&s;es, when it is &s;o retailed. But that none of any &s;ort, be at any time &s;old, above three &s;hillings and &s;ix pence a wine quart. La&s;tly, it is Ordered, That if any di&s;tilling &s;uch &s;trong liquor within this Colony, &s;hall by way of Trade or Merchandize, after he hath paid &s;uch Cu&s;tome, &s;hip and &s;end forth out of this Juri&s;diction, any quantity of the &s;ame, he &s;hall for &s;o much, have the &s;aid Cu&s;tome repayed, by the Trea&s;urer, or Officer who re|ceived it.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="46" REF="26">
<HEAD>Impri&s;onment.</HEAD>
<P>It is Ordered, That no mans per&s;on &s;hall be impri&s;oned either for Fine, or Debt, to the Juri&s;diction or Plantation, or particular per&s;on, if any competent means of &s;atisfaction from his e&s;tate, doe otherwi&s;e appear; but if no &s;uch e&s;tate be known, nor can pre&s;ently be found, or if contempt or other proud and offen&s;ive behaviour again&s;t the Court, or any Authority here &s;etled, be mingled with his cau&s;e, he may be impri&s;oned, and kept in pri&s;on at his own charge, if he be able, till &s;atisfaction be made, or till the Court which committed him,
<NOTE PLACE="marg">Ezra 7.26.</NOTE> or &s;ome &s;uperiour Court, &s;ee cau&s;e to relea&s;e him. Provided neverthele&s;&s;e, That no mans per&s;on &s;hall be kept in pri&s;on for debt, at the will of the Creditor, but when there appears &s;ome e&s;tate which he will not produce, in which ca&s;e, any Court, or Commi&s;&s;ioners Authorized by the Ge|nerall Court, may admini&s;ter an Oath to the party, or any others, &s;u&s;pected to be employed, or privy to the conveying away, or concealing of &s;uch e&s;tate, or &s;ome of it; but if any &s;uch per&s;on or per&s;ons, in &s;uch ca&s;e, being &s;o required, &s;hall refu&s;e to di&s;co|ver the truth by Oath, he &s;hall be liable to &s;uch fine, as the Court duly weighing the ca&s;e &s;hall judge meet; but if no e&s;tate can be found, to pay or &s;atisfie &s;uch ju&s;t debt, or debts, every &s;uch debtor &s;hall &s;atisfie by &s;ervice, if the Creditor, or Credi|tors require it, for &s;uch time, as the Court con&s;idering the debt, &s;hall with due moderation judge meet; but &s;hall not be &s;old to any out of the United Engli&s;h Colonyes, if the debt grow by any ordinary way of borrowing, contract, or other engage|ment, and not by &s;infull and heynous mi&s;carriages, which di|&s;turb the publick peace, which the Court to who&s;e cognizance &s;uch ca&s;es are proper, will duly weigh and con&s;ider.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="49" REF="26">
<HEAD>Incest.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That if any per&s;ons &s;hall commit <HI>Incest,</HI> which is, when being near of kin, within the degrees by God forbidden, they wickedly defile them&s;elves one with another, they &s;hall be put to death, <HI>Levit:</HI> 20.11, 12, 14, 17, 19, 20, 21.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Indians.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That no Planter, Inhabitant, or Sojour|ner within this Juri&s;diction, &s;hall directly, or indirectly for him&s;elf, or any other, purcha&s;e, or truck any Plantation, or land, upland, or Meadow more or le&s;s, of any <HI>Indian, Indians,</HI> or others from them, either upon the Maine between <HI>Connecticut</HI> River, and <HI>Hud&s;ons</HI> River, or upon Long I&s;land, nor &s;hal receive any land by way of gift, or upon any other tearms, for his or their, or any, either private or publick u&s;e, or advantage, or as Agent for others who may pretend to begin a Plantation with|out expre&s;s licen&s;e, either from the Court of Magi&s;trates for this Juri&s;diction, or at lea&s;t from &s;ome one of the Plantation Courts, where there is a Magi&s;trate, and Deputies. And in the latter ca&s;e, the Land to lye &s;o as neither in point of Title, nor conveniency may concern any other Plantation, but onely the Plantation &s;o licen&s;ing, under the penalty of lo&s;ing and forfei|ting all the Right and Title purcha&s;ed, or obtained in any &s;uch Land, with &s;uch further puni&s;hment for contempt as the Court &s;hall judge meet. And if any per&s;on or per&s;ons within this Juri&s;diction, by what way or means &s;oever be already ju&s;t|ly po&s;&s;e&s;t, or interre&s;&s;ed of or in any Land within the limits be|fore mentioned, he or they &s;hal neither directly nor indirectly by gift, &s;ale, or upon any other con&s;ideration or re&s;pect, alie|nate or return the right he or they have in the &s;ame, or any part of it to the <HI>Indians,</HI> or any of them, without licen&s;e from this Court; and if any Plantation within this Juri&s;diction &s;hal hereafter purcha&s;e, or upon any tearms receive, or obtaine Ti|tle or Right to any Land from the <HI>Indians,</HI> or others from them, which may concerne, or be convenient to another plan|tation within this Juri&s;diction al&s;o; and &s;o there grow any que&s;tion or difference either in reference to the Land, or this Order, it &s;hall be heard and determined by this Court, that peace may be continued, and the conveniency of each Planta|tion provided for.</P>
<PB N="50" REF="27">
<P>And the better to &s;uppre&s;s or re&s;train the inconveniences or mi&s;chiefs which may grow by a general and unlimited furni|&s;hing of the <HI>Indians</HI> with guns, powder, &s;hot, or any other wea|pons or in&s;truments proper or u&s;eful in or for war. It is Or|dered, That who&s;oever of, or within this Juri&s;diction, or any part thereof &s;hal directly or indirectly, by him&s;elf or any other, &s;el, bater, give, lend, lo&s;e, or by any means, or device what&s;o|ever, furni&s;h any <HI>Indian</HI> or <HI>Indians,</HI> or any for them, with any guns &s;mal or great, by what name &s;oever called, or with any powder, &s;hot, lead, or &s;hot mould, or with any &s;tocks or locks for guns, or &s;words, rapiers, daggers, or blades for any &s;uch, or pikes, pike-heads, halberts, arrow-heads, or any other pro|vi&s;ion or furniture for War of what kind &s;oever, whether fully fini&s;hed or not; or what Smith, or other per&s;on within or be|longing to this Juri&s;diction &s;hal mend any gun, &s;tock, or any thing belonging to it, or procure it to be done, or any the fore|mentioned, or other weapons or in&s;truments proper, or u&s;ed for war, without expre&s;s written Licen&s;e from this general Court, or &s;ome one or more Deputed by them to give &s;uch Licen&s;e with directions upon what termes, and in what manner, &s;uch a trade with a due re&s;pect to all the Premi&s;es &s;hal be managed. &s;hal forfeit and pay to the Juri&s;diction twenty times the value of what &s;hal be &s;old, bartered, or any way alienated, mended, or upon any contrivement or device done contrary to the te|nour and true meaning of this Order, or any part of it, whereof one 4th part goeth to the Informer, &amp; the re&s;t to the Juri&s;diction.</P>
<P>And to the &s;ame purpo&s;e and end, it is further Ordered, that who&s;oever &s;hal either directly or indirectly &s;el, bartar, or cau&s;e to be &s;old <HI>&amp;c.</HI> any guns, powder, &s;hot, lead, or any of the fore|mentioned in&s;truments or provi&s;ions for warr, to any per&s;on or per&s;ons inhabiting out of this Juri&s;diction, without licen&s;e from two Magi&s;trates of this Juri&s;diction under their hands, or where there is but one Magi&s;trate under his hand, and the hands of two Deputies for the Plantation Court, &s;hal as a fine for his breach of order and contempt pay five times the value of what &s;hal be &s;o &s;old, bartered, <HI>&amp;c.</HI></P>
<P>And it is further Ordered, That the Magi&s;trate or Magi|&s;trates who at any time give any &s;uch licen&s;e under their hands &s;hal keep a true account in wtiting of all the particulars, and
<PB N="51" REF="27">quantities, he or they &s;o licen&s;e, to whom &amp; upon what grounds that upon any que&s;tion this Court may receive &s;atisfaction therein; and that every &s;uch licen&s;e be limited, as to the perti|cular things and quantities; &s;o to the time that if the &s;ame or any part thereof be not within the limited time &s;ould and deli|vered, the licen&s;e for the whole, or &s;uch part to be altogether void, and each &s;ale or delivery after, without a new Licen&s;e to be adjudged a breach of this Order.</P>
<P>And the better to prevent controver&s;ies and di&s;turbance be|twixt the <HI>Engli&s;h</HI> and <HI>Indians</HI> in this Juri&s;diction; it is Orde|red, That who&s;oever &s;hal upon any occa&s;ion tru&s;t, or take pawn or pledge of any <HI>Indian</HI> for the &s;ecuring or payment of any thing &s;old or lent, he &s;hal neither after take any thing from him or them by force, for, or toward &s;atisfaction, nor di&s;po&s;e of a|ny pawn, or pledg &s;o received, though the time &s;et for redee|ming it be enquired, without either con&s;ent of the <HI>Indian,</HI> or licen&s;e from the Court, or from the authority &s;etled in the Plantation where he lives.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Indians &s;ee further, into the title of Inn-keepers, Tipling, and Drunkenne&s;s.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD> Indictments.</HEAD>
<P>If any per&s;on &s;hall be indicted of, or legally charged with any capitall crime (who is not then in durance) and &s;hal with|draw, or refu&s;e to render his per&s;on to &s;ome Magi&s;trate, or Of|ficer for this Juri&s;diction, within one one moneth,
<NOTE PLACE="marg">Ezra 7.26.</NOTE> after three proclamations publickly made in the Town, or Plantation where he did formerly u&s;ually abide, there being a full moneth betwixt Proclamation and Proclamation; his lands and goods &s;hall be &s;eized to the u&s;e of the Juri&s;diction (and ordered with due re&s;pect to his family, as the Court of Magi&s;trates &s;hal judge meet) till he make his lawful appearance. And &s;uch withdraw|ing of him&s;elf &s;hall &s;tand in &s;tead of one witne&s;&s;e to prove the crime charged, unle&s;&s;e he can make it appeare to the Court that he was nece&s;&s;arily hindered.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Inkeepers, Tipling, Drunkenne&s;s.</HEAD>
<P>It is ordered, &amp;c. That no per&s;on, or per&s;ons, &s;hall at any time hereafter, under any pretence or colour what&s;oever, un|dertake or become a common Victualler, keeper of a Cookes &s;hop, or hou&s;e for common entertainment 'Tavern, or publick
<PB N="52" REF="28">&s;eller of Wine, Ale, &s;trong Beere, or &s;trong liquor by retaile within this Juri&s;diction; nor &s;hall any either directly or in|directly, &s;ell any &s;ort of Wine privately in his hou&s;e, Cellar, &amp;c. or out of doores, by a le&s;&s;e quantity, or under three gal|lons at a time, without approbation and licen&s;e of the Planta|tion-Court to which he belongeth: or where there is no &s;uch Court, without the licen&s;e of the Con&s;table, and major part of the free-men, under the penalty of five pounds, to be paid to the Plantation for the fir&s;t mi&s;carriage complained of, and proved; and ten pounds for the &s;econd mi&s;carriage &s;o proved: And where payment cannot or wil not be made, impri&s;onment during the Courts plea&s;ure, for the fir&s;t offence, and for the &s;e|cond offence, &s;uch further puni&s;hment as the Court &s;hall order. And that no per&s;on &s;o licen&s;ed &s;hal &s;ell any Beere, or Ale, above three pence an Ale quart, under the penalty of three &s;hillings and four pence for &s;uch mi&s;carriage, proved the fir&s;t time, and &s;ix &s;hillings and eight pence the &s;econd time. But it is allowed and ordered, that any man that will may &s;ell Beere or Ale out of doores, at a peny a quart, or cheaper.</P>
<P>It is further ordered, That who&s;oever licen&s;ed as before, &s;el|leth any &s;ort of Wine by retaile, that is, by any le&s;&s;e quantity then three gallons at a time, he &s;hall pay to the Juri&s;diction Trea&s;urer over and above the Cu&s;tome before mentioned, after the rate of forty &s;hillings for every But, or pipe &s;o re-taled; and every one, that &s;o &s;elleth by retale, &s;hal give a true account and notice to the &s;aid Trea&s;urer, or to &s;ome other Officer appointed for that purpo&s;e in each plantation, of the true or ful quantity, which he either buyeth or receiveth into his cu&s;tody, and that within one week after he is &s;o po&s;&s;e&s;&s;ed of it, upon paine of forfeiting the &s;ame, or the value thereof; and &s;hal further every &s;ix months, truly account with the Juri&s;dictions Trea&s;urer, or other Officer as afore&s;aid, for what he hath &s;old by Re-tale as afore&s;aid, and di&s;charge the &s;ame, having due allowance for what he hath &s;old by greater parcels, then by this Order is ac|counted Re-tale; and in ca&s;e of delay, or neglect of payment after demand, the Trea&s;urer or Officer &s;hal recover it by action as other debts, provided that if any per&s;on &s;hal give in a fal&s;e account to defraud the Juri&s;diction upon due proof, he &s;hal pay double the value of what he would &s;o have kept back.</P>
<PB N="53" REF="28">
<P>And it is further ordered, that every per&s;on &s;o licen&s;ed to draw and &s;el &s;trong Beer, Ale, Wine, or &s;trong liquour, do &s;ee, and take care that good order, and all Rules of &s;obriety be duly attended in his cour&s;e, and hou&s;e, and about the &s;ame; and that he neither &s;ee, nor &s;uffer any to be drunken, or to drink exce&s;&s;ively, or to continue Tipling above the &s;pace of an hour, or at un&s;ea&s;onable times; or after nine of the clock at night without weighty cau&s;e, nor that any Children or &s;ervants with out the con&s;ent of Parents, or governors be permitted to &s;it, or &s;tay there drinking or unnece&s;&s;arily to &s;pend their time there, e&s;pecially at late or un&s;ea&s;onable hours, but that he duly com|plain to authority, that all &s;uch di&s;orders may be &s;ea&s;onably &s;uppre&s;&s;ed, under the penalty of 5 &s;hillings for the fir&s;t offence, with &s;uch increa&s;e of fine for a continued &s;lightne&s;s or neglect as the Court &s;hal determine.</P>
<P>Provided notwith&s;tanding, That &s;uch licen&s;ed per&s;ons may entertain &s;trangers, land travellers, Sea-faring men, lodgers, or others for their nece&s;&s;ary occa&s;ions, refre&s;hment, or during meales, when they come from their Journies or Voyages, or when they prepare for their Journey or Voyage in the night, or next day early, or &s;uch may continue in &s;uch hou&s;es of com|mon entertainment, as their bu&s;ine&s;s and lawful occa&s;ions may require, &s;o that there be no di&s;order among them.</P>
<P>But every per&s;on found drunken, namely &s;o, That he be thereby for the pre&s;ent bereaved, or di&s;abled in the u&s;e of his under&s;tanding, appearing in his &s;peech, je&s;ture or carriage in a|ny of the &s;aid hou&s;es or el&s;ewhere, &s;hal forfeit for the fir&s;t time ten &s;hillings; and for exce&s;s of drinking, or continuing in any &s;uch place unnece&s;&s;arily at un&s;ea&s;onable times, or after nine of the clock at night five &s;hillings, and for continuing tipling there above the &s;pace of an hour two &s;hillings &s;ix pence for the fir&s;t offence, and for the &s;econd offence in each kind, and for all fur|ther di&s;order, quarrelling, or di&s;turbance, whether a fir&s;t or &s;econd time, &s;uch further fine or puni&s;hment as the Court &s;hall determine.</P>
<P>And for that God may be much di&s;honoured, and many in|couveniences may grow by the <HI>Indians</HI> di&s;orderly drink|ing of Wine, &s;trong Water, and &s;trong Beere,
<NOTE PLACE="marg">Indians,</NOTE> unto which they are much addicted; it is Ordered, That no per&s;on what&s;oever
<PB N="54" REF="29">&s;hal either directly or indirectly within this Juri&s;diction, &s;el a|ny Wine, &s;trong Water, or &s;trong Beere to any <HI>Indian</HI> or <HI>Indi|ans,</HI> or procure any for them, either to drink within this Ju|ri&s;diction, or upon any pretence to carry away without &s;pecial licen&s;e under the hand of &s;ome Magi&s;trate of this Juri&s;diction, or in any plantation where there is no Magi&s;trate, under the hand of one of the Deputies, or Con&s;table where he lives; and that no licen&s;e &s;o given &s;hal &s;erve, or be of force any longer then for that one particular time, and for the limited quantity then granted, under the penalty of five &s;hillings for the fir&s;t of|fence, and ten &s;hillings for the &s;econd; but if any &s;hal offend the third time therein, it is left to the Plantation Court where the offence is committed to con&s;ider the ca&s;e, and to inflict &s;uch puni&s;hment or increa&s;e of fine as &s;hal be meet; and in any plantation, where at pre&s;ent there is no Court kept, the Depu|ties la&s;t cho&s;en for the general Court, or Con&s;table, &s;hall re|quire the forfeitures, and for defect of payment make &s;eizure of &s;o much out of the Delinquents e&s;tate; but if any per&s;on &s;hal offend the third time, every &s;uch per&s;on &s;hal by the &s;aid Deputies, or Con&s;table, be bound over to an&s;wer it before the next Court of Magi&s;trates.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Laws without penalty.</HEAD>
<P>It is by this Court declared and Ordered, That in all Laws and Orders formerly, now, or hereafter to be made, where no fine, or penalty is expre&s;&s;ed and limited, all Tran&s;gre&s;&s;ours have been, are, and &s;hall be lyable to &s;uch penalties, or puni&s;h|ments as the Court of Magi&s;trates, or any plantation Court, to which the Cognizance appertains, weighing the nature of the offence, with the circum&s;tances &s;hall judge meet, liberty of Appeales, or Complaints, as in other Ca&s;es, being duly pre&s;erved.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Leather, and Shoo-makers.</HEAD>
<P>Upon con&s;ideration of the damage or injury which many &s;u&s;taine by the ill coming of Leather, and by the Shooe-makers ill making it up into &s;hooes, and boots. It is by this Court Ordered, That in every Plantation within this Juri&s;diction where either Tanner, or Shooe maker is imployed in their Trades, one or two Sealers &s;hal be cho&s;en, and appointed, as the occa&s;ions reqvire, who &s;hal be under Oath, faithfully (ac|cording
<PB N="55" REF="29">to their be&s;t ability) to di&s;charge their tru&s;t; and &s;hal &s;eale no leather, but &s;uch as they judg &s;ufficiently tanned, and fit to be wrought out, and &s;old in &s;hooes, and boots. And that every &s;uch Plantation &s;hal have two Seales, to di&s;tingui&s;h be|twixt good Leather wel and &s;ufficiently tanned, and &s;uch, as though tanned enough, is in &s;ome other re&s;pect defective, either by overliming, or for want of being wel wrought upon the beame, or by fro&s;t, or hath received &s;ome dammage in drying; &s;o that though it may &s;erve for inward or middle &s;oals, yet not for other u&s;es without dammage to the buyer, all which Lea|ther &s;o defective, &s;hall be &s;ealed with a different Seale, that it may be known to be faulty. But that which is not &s;ufficiently tanned, &s;hal neither be &s;ealed, nor u&s;ed in bootes, or &s;hooes, til it be duly tanned. The cho&s;ing and appointing of which &s;ealer or Sealers, the print or mark, which each Plantation &s;hal &s;et upon their &s;eals for good, or faulty Leather, with the Rate to be allowed for &s;ealing, being left to the &s;everal plantations, but no Tanner within this Juri&s;diction &s;hal upon any pretence &s;el, deliver, cau&s;e, or &s;uffer to be delivered, or pa&s;s out of his hands, or cu&s;tody, any hide, or hides, til being fully dry, they be fir&s;t &s;ealed by the Officer, or Officers thereunto appointed, under the penalty of forfeiting the &s;aid Leather, or the value of it to the plantation where the offence is commit|ted.</P>
<P>And it is further Ordered, That if any Shooe-maker &s;hal u&s;e, or put any un&s;ealed Leather, either in bootes, or Shooes, or put any of the forementioned faulty Leather (though &s;ealed as &s;uch) in any outward &s;oals, or upper Leather, or in any other place, which may be hurtful to the buyer, or wearer; or &s;hall u&s;e any other way of deceit in making up his Ware, he &s;hall make due and ful recompence to the per&s;on, or per&s;ons wron|ged, and complaining; and &s;hal &s;uffer &s;uch further puni&s;hment as his offence con&s;idered with the circum&s;tances &s;hal require; And who&s;oever &s;hal bring hides from any other place, and &s;hal &s;el or u&s;e any of them for bootes or &s;hooes within is Ju|ri&s;diction, before they be &s;ealed by &s;ome Officer here, accor|ding to the import of this Order, or &s;hal u&s;e them in bootes, or Shooes, contrary to the intent thereof; the Hides &s;o &s;old or u|&s;ed, or the value of them &s;hal be forfeited to the plantation
<PB N="56" REF="30">where the offence is committed, or &s;uch Recompence, or Fine &s;hal be made or paid, (if it grow only of ignorance) as the ca&s;e may require; provided that if both buyer and &s;eller be faulty, they &s;hal pay the Forfeit betwixt them; but due tender|ne&s;s and Re&s;pect is to be had of an innocent &s;tranger who brings, &s;els, or u&s;es good leather, though for want of meanes to know the law, it were un&s;ealed.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Levies, &s;ee Mar&s;hall.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD> Lying.</HEAD>
<P>It is Ordered, That if any per&s;on above the age of fourteen years &s;hal wittingly,
<NOTE PLACE="marg">Joh: 13.4: P&s;al: 119.69. Ho&s;ea 4.1, 2.</NOTE> and willingly make, and publi&s;h any <HI>lye,</HI> tending to the damage, or injury of any particular per&s;on, or with intent to deceive and abu&s;e the people, with fal&s;e newes, or Reports, or which may be any way pernicious to the pub|lick weale; and the &s;ame complained of, and duly proved, ei|ther before any Court or Magi&s;trate, or where there is no Ma|gi&s;trate, before the Con&s;table, or other Officer, he calling one or two of the Freemen to him, (who are hereby inabled to hear and determine ordinary offences of this nature, according to the tenour of this Law) the Offender &s;hal pay to the Plantation where he is pro&s;ecuted for his lying, as it is a &s;in again&s;t God, for the fir&s;t offence ten &s;hillings; and if after &s;uch conviction he offend the &s;econd time, he &s;hal pay for that &s;econd Offence twenty &s;hillings, which Fines, or penalties &s;hal be &s;everally le|vied as in other ca&s;es. But if any &s;uch per&s;on be not able, or utterly refu&s;e to pay the &s;aid Fines, or either of them, he &s;hall in &s;uch ca&s;e be committed to the &s;tocks; and for the fir&s;t offence &s;hal continue there betwixt one and two hours; for the &s;econd offence betwixt three and four hours. But if he offend the third time, he &s;hal be publickly whipt for the &s;ame; each per&s;on being notwith&s;tanding left to his liberty, to proceed further by action of <HI>flaunder, defamation,</HI> or otherwi&s;e, as the ca&s;e may require. But the &s;aid Court, Magi&s;trate, or other Officer, as before; find|ing weighty aggravations in the ca&s;e, either in the &s;in again&s;t God, or di&s;turbance, and damage to the Publick, are to pro|ceed accordingly; or if need require may bind the Offender over to the Court of Magi&s;trates.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="57" REF="30">
<HEAD>Magi&s;trates, or other Judges in relation.</HEAD>
<P>To prevent occa&s;ions and jealou&s;ies of partial and undue proceeding in Courts of Ju&s;tice: It is Ordered, that no Magi|&s;trate, or Deputy &s;hal &s;it as a Judge, or among the Judges when any Cau&s;e of his own is tryed; and that in every ca&s;e of civil nature between party, and party, where there &s;hal fal out &s;o near Relation between any Judg, and any of the parties, as betwixt Father, and Son, either by nature, or Marriage, Brother and Bro|ther, Uncle and Nephew, Landlord and Tennant in matters of con&s;iderable valew, wherein any of them being one of the Judges is concerned; &s;uch Judg though he may be pre&s;ent at the Tryal, and may propound and hold forth light in the ca&s;e, yet he &s;hal neither &s;it as Judg, nor &s;hal have power to Vote or pa&s;s &s;entence therein; and in ca&s;e the Court without &s;uch Ma|gi&s;trate or Deputy may not proceed, either two magi&s;trates may be called in, or the matter referred to the Court of Magi&s;trates if it be not otherwi&s;e to ju&s;t &s;atisfaction i&s;&s;ued.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Man&s;laughter.</HEAD>
<P>It is Ordered, That if any per&s;on in the ju&s;t and nece&s;&s;ary defence of his own life, or the life of another, &s;hal kil any per|&s;on attempting to Robb, or murther in the field, High-way, or other place, or to break into any dwelling hou&s;e, if he cannot otherwi&s;e prevent the mi&s;chiefe, or with &s;afety of his own per|&s;on take the Fellon, or A&s;&s;ailant, and bring him to Tryal, he &s;hal be holden blamele&s;s.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Marriage.</HEAD>
<P>For the preventing of much inconvenience which may grow by clande&s;tine and unlawful marriages: It is Ordered,
<NOTE PLACE="marg">Ruth 4.9.10, 11.</NOTE> That no per&s;ons &s;hal be either contracted, or joyned in <HI>Marriage</HI> before the intention of the parties proceeding therein, hath been three times publi&s;hed, at &s;ome time of publick Lecture, or Town meeting in the Town, or Towns where the parties, or either of them dwel, or do ordinarily re&s;ide; or be &s;et up in writing upon &s;ome po&s;t of their meeting hou&s;e door, in publick view, there to &s;tand &s;o as it may be ea&s;ily read by the &s;pace of fovrteen daies; and that no man unle&s;s he be a Magi&s;trate in this Juri&s;diction, or expre&s;ly allowed by the General Court &s;hall Marry any per&s;ons, and that in a publick place, if they be able
<PB N="58" REF="31">to go forth under the penalty of five pounds fine for every &s;uch mi&s;carriage.</P>
<P>And the Court con&s;idering that much &s;in hath been commit|ted again&s;t God, and much inconvenience hath growen to &s;ome members of this Juri&s;diction by the irregular and di&s;|orderly carriage of young per&s;ons of both Sexes, upon purpo&s;e or pretence of Marriage; did, &amp; do order, That who&s;oever with in this Juri&s;diction &s;hal attempt, or indeavour to inveagle, or draw the affections of any Maide, or Maide-&s;ervant, whether Daughter, Kin&s;woman, or in other Relation, for him&s;elf, or for any other per&s;on, without the con&s;ent of Father, Ma&s;ter, Guardian,
<NOTE PLACE="marg">Numb: 30.5 Exod: 22.16, 17.</NOTE> Governor, or &s;uch other, who hath the pre&s;ent inte|re&s;t, or charge, or (in the ab&s;ence of &s;uch) of the neare&s;t Magi|&s;trate, whether it be by &s;peech, writing, me&s;&s;age, company-keeping, unnece&s;&s;ary familiarity, di&s;orderly night meetings, &s;inful dalliance, gifts, or any other way, directly or indirectly, every &s;uch per&s;on (be&s;ide all dammages which the Parent, Go|vernor, or per&s;on intru&s;ted, or intere&s;&s;ed, may &s;u&s;tain by &s;uch unlawful proceedings) &s;hall pay to the Plantation forty &s;hil|ty &s;hillings for the fir&s;t offence; and for the &s;econd offence to|wards the &s;ame party four pounds; and for the third offence he &s;hal be further fined, impri&s;oned, or corporally puni&s;hed, as the Plantation Court, or Court of Magi&s;trates con&s;idering all circum&s;tances &s;hal determine.</P>
<P>And whereas &s;ome per&s;ons men or women do live, or may come to &s;ettle within this Colony, who&s;e Wives, or Husbands are in <HI>England</HI> or el&s;ewhere, by means whereof they are expo|&s;ed to great temptations,
<NOTE PLACE="marg">1 Cor: 7.5.</NOTE> and &s;ome of them live under &s;u&s;pition of uncleane&s;&s;e, if they do not fal into lewd and &s;inful cour&s;es. It is therefore Ordered, That all &s;uch per&s;ons living within this Juri&s;diction, &s;hal by the fir&s;t opportunity, repair to their &s;aid Relations, (unle&s;s &s;uch cau&s;e be &s;hewen to the &s;atisfaction of the Plantation Court, that further Re&s;pite and liberty be given) under the penalty of paying twenty pounds fine, for contempt, or neglect herein. Provided that this Order do not extend to &s;uch as are, or &s;hal come over to make way for their Families, or are in a tran&s;ient way for traffick, Merchandi&s;e, or other ju&s;t occa&s;ions for &s;ome &s;mal time.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="59" REF="31">
<HEAD>Mar&s;hall.</HEAD>
<P>That Ju&s;tice may be the better executed, the Juri&s;dictions occa&s;ions carried on. And that the Mar&s;hal and other Officers may know how to demean them&s;elves in their places; It is Or|dered, That in ca&s;e of Rates and Fines to be leavied,
<NOTE PLACE="marg">Ezra 7.26.</NOTE> and in ca&s;e of Debts, and executions in civil actions; The Officer &s;hall fir&s;t demand the &s;umm due of the party, or at his hou&s;e, or place of u&s;ual abode, but upon refu&s;al or non-payment, he &s;hal have power (calling in &s;uch a&s;&s;i&s;tance as the ca&s;e may require) to break up the door of any hou&s;e, che&s;t, or place where he &s;hal conceive, or have notice, that any goods liable to &s;uch leavy or execution &s;hal be; And if he be to take the per&s;on, he may do the like, if upon demand he &s;hal refu&s;e to render him&s;elf; And whatever charges the Officer in any &s;uch ca&s;e &s;hal be put unto, he &s;hal have power to leavy the &s;ame, as he doth the Debt, A&s;|&s;e&s;ment, or Fine; And in ca&s;e the Officer be put to leavy any &s;uch goods, as cannot without con&s;iderable charge, be convey|ed to the place where the Trea&s;urer, or party dwelleth, who &s;hould receive the &s;ame, he &s;hal levy the &s;aid charge al&s;o, with the re&s;t; provided it &s;ha I not be lawful for any &s;uch Officer, to leavy any mans nece&s;&s;ary bedding, Apparel, Tooles, Armes, or &s;uch implements of Hou&s;hold&s;tuff, as &s;erve for his nece&s;&s;ity,
<NOTE PLACE="marg">According to that rule, Exod. 22: 26. by proportion with Deut: 24.16.</NOTE> with out expre&s;s direction from the Court, upon who&s;e &s;entence, the execution or &s;eizure was grounded, or at lea&s;t, of &s;ome Magi|&s;trate of the Juri&s;diction, but in &s;uch ca&s;es he &s;hal leavy his land or per&s;on. And in no ca&s;e &s;hal the Officer be put to &s;eek out any mans e&s;tate, further then his place of abode; but if the party wil not di&s;cover his goods, or Lands to a &s;ufficient va|lue, the Officer may take his per&s;on.</P>
<P>And to prevent the inconveniences which may grow by the &s;lightne&s;s of &s;ome mens &s;pirits, who are apt to neglect and vio|late whol&s;ome Orders and Laws, made in the Juri&s;diction, or Plantations, It is Ordered, That who&s;oever &s;hal be Fined by any Court for any di&s;order, or breach of Law, every &s;uch per|&s;on &s;hal forthwith pay the Fine, or penalty, or put in &s;ecurity &s;peedily to do it, or el&s;e &s;hal be impri&s;oned, or kept to work, if the Court upon due con&s;ideration of per&s;ons, and circum&s;tan|ces judge it not meet to make other &s;eizure.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="60" REF="32">
<HEAD>Masters, and Servants, &amp;c.</HEAD>
<P>It is Ordered, <HI>&amp;c.</HI> That no Servant Male, or Female, or other per&s;on under Government, &s;hal without licen&s;e from His, Her, or their Ma&s;ters or Governors, either give, &s;el, or truck any commodity what&s;oever, during the time of their &s;ervice, or &s;ubjection, under the paine of &s;uch Fine, or corporal puni&s;h|ment, as the Court upon a due con&s;ideration of the offence, &s;hal judg meet; And that who&s;oever &s;hal receive from, or trade with any Child, Son, or Daughter, under Age, and under Go|vernment, or with any &s;ervant, or &s;ervants, in a &s;u&s;pitious di&s;|orderly manner, or &s;hal harbor, or entertaine any &s;uch in the night, or at other un&s;ea&s;onable times, or &s;hal &s;uffer them di&s;or|derly to meet at any place within their power, or to play at Shovel-board, or other game, or games, to drink, &s;pend mony, or provi&s;ions, or &s;hal u&s;e or &s;uffer any offen&s;ive, &s;inful carri|age, conference, coun&s;el, or &s;ongs, which in their nature tend to corrupt, all &s;uch per&s;ons &s;hal be liable to &s;uch Fines, or o|ther puni&s;hment, as the Court &s;hal judge meet.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Mayning, wounding, &amp;c</HEAD>
<P>If any &s;hal in di&s;tempered pa&s;&s;ion, or otherwi&s;e, &s;infully hurt wound, or maine another; &s;uch per&s;on &s;hal be puni&s;ht by Fine, with &s;ome valuable Recompence to the party; and &s;hal pay for the cure, with lo&s;&s;e of time, <HI>&amp;c.</HI> And when the ca&s;e requires it, The Court of Magi&s;trates are duly to con&s;ider the mind of God, as it is revealed, <HI>Exod:</HI> 21.18, to the 28. <HI>Levit:</HI> 24.19, 20.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Military affairs.</HEAD>
<P>For as much as the well managing of the Militia, is under God, in all places, of great import, and concernment, for pub|lick peace, and &s;afety: It is Ordered, That (be&s;ide a general &s;tock of guns, powder, &s;hot, match, <HI>&amp;c.</HI> provided and kept in &s;tore by each plantation in this Juri&s;diction, according to for|mer agreements of the Commi&s;&s;ioners for the united Colonies, and Orders of this Court, which they are hereby required to
<PB N="61" REF="32">keep continually ful, and in a con&s;tant readine&s;s for &s;ervice, upon all occa&s;ions, and by their Deputies to make a true Certi|ficate thereof yearly to the General Court) every Male within this Juri&s;diction, from &s;ixteen, to &s;ixty years of Age, (not freed by publick allowance,) &s;hal be, and from time to time continue wel furni&s;hed with arms, and all other &s;uitable pro|vi&s;ion; namely a good &s;erviceable gun,
<NOTE PLACE="marg">Judg: 5.8. 1 Sam: 13.19, 22. Luk: 22.36.</NOTE> &s;uch as &s;hal be ordered by the Court, and allowed by the Military Officers, to be kept in a con&s;tant fitne&s;s in all Re&s;pects for &s;ervice, with a fit, and &s;ufficient Re&s;t, a good &s;word, bandaleers, or horne, a worme, a &s;courer, a priming wire, &s;hot bagg, charger, and what&s;oever el&s;e is nece&s;&s;ary for &s;uch &s;ervice, with a pound of good powder, four pounds of pi&s;tol bullets, or four and twenty bullets fitted for the gun, four Faddom of &s;erviceable match, for a match|lock gun, five or &s;ix good flints fitted for every firelock gunn, under the penalty of ten &s;hillings for any defect; and the mili|tary Officers are hereby required to give or &s;end in an account yearly in <HI>May,</HI> from each Plantation, to the general Court, or Court of Magi&s;trates, how the Inhabitants are furni&s;hed, and provided.</P>
<P>That in each Plantation within this Juri&s;diction, according to the number of Soldiers, in their Trained band, and as they are furni&s;hed with able men for &s;uch a &s;ervice, and tru&s;t, mili|tary Officers as need requireth &s;hal from time to time be cho|&s;en, And all the Freemen in each Plantation, &s;hal have their Vote, in the nomination, and choice of them; Provided that none but Freemen be cho&s;en, And that every Cap|taine, and chiefe Officer, cho&s;en in any of the Plan|tations, for the military affaires, &s;hal from time to time be propounded to the next General Court, after he is cho&s;en for approbation, and confirmation. And if the &s;aid Court, have any ju&s;t Exception, again&s;t any &s;o pro|pounded, The Freemen &s;hall proceed to a new choice, That the Juri&s;diction may be furni&s;hed with &s;uch Offi|cers, as in whom they may &s;atisfyingly con&s;ide.</P>
<PB N="62" REF="33">
<P>That in each plantation, the Captain, or chief military Offi|cer &s;hal once in each quarter of a year at lea&s;t, but oftner if there be cau&s;e, order, or take a &s;trict view, how every Male, from &s;ix|teen to &s;ixty years of Age, is furni&s;hed with arms, and provi&s;i|ons, according to the former directions, and where any are found faulty, the Clark or &s;ome other Officer &s;hal duly pre&s;ent their names, with each defect to the next plantation Court, or to &s;uch Officer (where there is no Court) who hath a tru&s;t in civil affairs, that the Fines and penalties may from time to time be duly leavied. And if this view of arms, <HI>&amp;c.</HI> &s;hal at any time be neglected, or the defects not duly pre&s;ented; the Cap|tain or chief military Officer, or the other Officers ordered to take this view, or the Clark, or Officer appointed to pre&s;ent, <HI>&amp;e.</HI> &s;hal pay forty &s;hillings each quarter, when this &s;ervice, or any part of it, is omitted, as the fault upon examination &s;hal joyntly or &s;everally be ju&s;tly charged.</P>
<P>There &s;hal be in each Plantation within this Juri&s;diction,
<NOTE PLACE="marg">G<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n: 14.14. 2 Chro: 12.33 2 Chro. 17.18 2 Sam: 1.18.</NOTE> every year at lea&s;t &s;ix Training daies, or daies of publick mi|litary exerci&s;e to teach and in&s;truct all the Males, above &s;ixteen years of age, (who are not freed from that &s;ervice) in the com|ly handling, and ready u&s;e of their arms, in all po&s;tures of war, to under&s;tand and attend all words of command; And further, to fit all &s;uch as are in &s;ome mea&s;ure in&s;tructed for all milita|ry &s;ervice, again&s;t there be occa&s;ion, under the penalty of forty &s;hillings, to be leavied of the military Officers, as the Court upon examination &s;hal find them more or le&s;&s;e faulty, and with Re&s;pect to their places, the greater Tru&s;t paying the greater Fine for neglect; which dayes of Training &s;hall be &s;ome of them in the Spring of the year, before harve&s;t, and &s;ome in the latter end of the &s;ummer, before winter, as may be&s;t &s;uit each Plantation, but at no time any two of the&s;e tray|nings &s;hal be within fourteen dayes one of another. And it is further Ordered, That on every &s;uch Training day, the Cap|tain, or chief Military Officer pre&s;ent, cau&s;e the Names of all the Soldiers to be read, at lea&s;t in the forenoone, but in the afternoon al&s;o if he &s;ee cau&s;e. And who&s;oever in any Training day, &s;hal be totally ab&s;ent, &s;hall pay five &s;hillings for every &s;uch default, who&s;oever &s;hal at any time of the day withdraw him&s;elf from the &s;ervice, without leave from the chief Military
<PB N="63" REF="33">Officer pre&s;ent, he &s;hal pay either as for total ab&s;ence, or a greater or le&s;&s;e Fine, as the offence con&s;idered in all circum|&s;tances may require; And who&s;oever &s;hal come late, &s;hal pay for each &s;uch default one &s;hilling; and for any other di&s;orderly offen&s;ive carriage, according to the nature and mea&s;ure of it. This Court expecting from each Plantation, that they &s;uffer not men to neglect, or grow &s;light in a &s;ervice of &s;uch im|port.</P>
<P>That a fourth part of the Trained band in every Plantation &s;hal in their cour&s;e, as the military Officers &s;hal order, come con&s;tantly to the publick wor&s;hips of God every <HI>Lords day;</HI> And (&s;uch as can come) on Lecture dayes, to be at the meeting|hou&s;e, at late&s;t, before the &s;econd Drum hath left beating, with their arms compleat, their guns ready charged, their match for their match-locks, and flints ready fitted to their fire-lock guns, with Shott and powder for at lea&s;t five Shot, be&s;ide the charge in their guns, under the penalty of two Shillings Fine, for every per&s;on negligent, or defective in Furniture, and for late coming one Shilling, The &s;entinal al&s;o, and they that walk the Round &s;hal have their matches lighted, during the time of their meeting, if they u&s;e their matchlocks, and &s;hal diligently and Faithfully attend their duty under &s;uch further penalty as the breach of &s;uch a tru&s;t may require.</P>
<P>That a &s;trict watch be con&s;tantly kept in the night, in all the Plantations within this Juri&s;diction,
<NOTE PLACE="marg">Nehem: 4.16. to the end.</NOTE> according to all &s;uch Orders, as &s;hal from time to time be made, either by the Gene|ral Court, or by <HI>Plantation Courts,</HI> or Officers intru&s;ted for Ci|vil affairs, where there is no Court; And that both for number of Watchmen, in each plantation, the time of &s;etting or begin|ning the Watch every night, their ri&s;ing, and leaving it in the morning, and all other carriage, and duties in managing this tru&s;t; they duly attend and ob&s;erve all directions given. And it is left to the care and con&s;ideration of the Governor, Magi|&s;trates, Officers, or any of them, as the ca&s;e may require, to double, or further to increa&s;e the watch by night, in times of danger, and to appoint &s;ome competent number of men to ward or walk by day, with their armes, in, or about the plan|tation, as may be&s;t tend to the publick &s;afety; And if any watch man, or Warder do at any time neglect his duty, either in co|ming
<PB N="64" REF="34">too late to the &s;ervice, or departing too &s;oon from it, not coming compleatly furni&s;hed with Arms, according to order, or any other way neglecting duty, or fal&s;ifying his tru&s;t, he &s;hal pay &s;uch Fine, or receive &s;uch puni&s;hment as his neglect or unfaithfulne&s;&s;e de&s;erves, that both him&s;elfe may be warned, and others may feare to be &s;light, or fal&s;e in a matter of &s;uch concernment.</P>
<P>But upon con&s;ideration of publick &s;ervice, and other due re|&s;pects, It is ordered, That all Magi&s;trates within this Juri&s;dicti|ction, and teaching Elders, &s;hal at all times hereafter, be freed, not onely in their per&s;ons, but each of them, &s;hal have one &s;on, or &s;ervant by vertue of his place or office, freed from all watch|ing, warding, &amp; training. And it is further ordered, That all ruling Elders, Deputies for Courts intru&s;ted for Judicature, all the chief Military Officers, as Captains, Liefteants, and En|&s;ignes, the Juri&s;diction Trea&s;urer, Deacons and all Phy&s;itians, Schoolma&s;ters &amp; Surgeons allowed by authority in any of the&s;e Plantations, all Ma&s;ters of &s;hips and other ve&s;&s;els, above 15 tun, all publick Millers, con&s;tantly imployed, with others for the pre|&s;ent di&s;charged for per&s;onal weakne&s;s &amp; infirmity, &s;hal in their own per&s;ons, in time of peace and &s;afety, be freed from the &s;aid &s;ervices; And that all other Seamen and &s;hip Carpenters, and &s;uch as hold Farms, above two miles from any of the Plantati|ons, train onely twice a yeare, at &s;uch times as &s;hal be ordered, either by the authority, or or by the Military Officers of the Plantation. But all per&s;ons freed and exempted from the re&s;pective &s;ervices, as before, &s;hall yet in all re&s;pects, provide, keep, and maintain in a con&s;tant readine&s;&s;e, compleat Arms, and all other military provi&s;ions as other men, Magi|&s;trates and teaching Elders excepted, who yet &s;hal be con&s;tantly furni&s;hed for all &s;uch &s;ons and &s;ervants as are hereby freed from the forementioned &s;ervices.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Ministers maintenance, &s;ee Eccle&s;ia&s;tical provi&s;ions.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Oppre&s;&s;ion.</HEAD>
<P>To prevent, or &s;uppre&s;s much &s;in again&s;t God, and much da|mage to men,
<NOTE PLACE="marg">Jer: 6.6. Jer: 22.15, 16, 17. Ezek: 22.29. Ho&s;ea 12.7.</NOTE> which doth, and may grow by &s;uch as take liber|ty to oppre&s;s, and wrong others, by taking exce&s;&s;ive wages for work, or unrea&s;onable pri&s;es for commodities: It is Ordered, That if any &s;hal offend in either of the &s;aid ca&s;es, upon com|plaint
<PB N="65" REF="34">and proof, every &s;uch per&s;on &s;hal be puni&s;hed by Fine, or impri&s;onment, according to the quality and mea&s;ure of the offence, as the Court &s;hal judge meet.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Plantations.</HEAD>
<P>Whereas the Freemen of every Town, or plantation, within this Juri&s;diction, have in &s;undry particulars liberty to make Orders among them&s;elves, as about Fencing their Land, orde|ring or keeping their Cattel, or Swine, <HI>&amp;c.</HI> as may be&s;t &s;uite with their own conveniency; It is by this Court Ordered, That if any greater cattel, of what &s;ort &s;oever, or Swine, be|longing to one plantation, be found either unmarked, or pro|ved to have done Tre&s;pa&s;s, or both, within the limits of ano|ther plantation; The damage being duly Rated, the Owners of &s;uch Cattel, or Swine, &s;hal from time to time, pay all Fines and damages, according to the ju&s;t agreements, and Orders, made by the Plantation, where the Tre&s;pa&s;s is done; provided that the Orders be &s;uch, and no other, then what they make, and execute upon them&s;elves, in like ca&s;es.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pound, Pound breach.</HEAD>
<P>For prevention, or due recompence of damages in Corne|fields, or other places done by cattel, or &s;wine; It is Ordered, That there &s;hal be one &s;ufficient pound, or more, made, and maintained in every Plantation within this Juri&s;diction, for the impounding of &s;uch Cattel, or Swine, as &s;hal be found in any corne-field, other inclo&s;ure, or place prohibited, til it may appear, where the fault, and damage ought to be charged. And who &s;o impounds any cattel, or &s;wine, &s;hal give pre&s;ent notice to the owner, if he be known, otherwi&s;e they &s;hal be cryed at the two next Lectures, or mo&s;t publick meetings, but if yet the owner be not found; Then fine, and damages to be recovered, as in the Order about cattel, <HI>&amp;c.</HI> And if any of them e&s;cape out of the pound; The owners, if known, &s;hal pay all ju&s;t damages and charges.</P>
<P>But if any per&s;on, or per&s;ons &s;hal re&s;i&s;t, or Re&s;cue any cattel or &s;wine going, or driven toward the pound, or &s;hal by any way, or meanes, get, or convey any &s;uch out of the pound, with|out due order from lawful authority, &s;etled by this court, he or they, &s;hal pay for &s;uch Re&s;cue, or di&s;order, forty &s;hillings, and in ca&s;e of pound breach five pounds, be&s;ide ju&s;t damages
<PB N="66" REF="35">to the party wronged. And if in the Re&s;cue, any bodily harme <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e done to any per&s;on, he, or they, may have remedy from the Re&s;cuer, or Re&s;cuers; And if any &s;uch mi&s;carriage be commit|ted by any not able, or refu&s;ing to an&s;wer to forfeiture &amp; da|mage, every &s;uch per&s;on &s;hal &s;u&s;tain &s;uch bodily puni&s;hment, as the Court &s;hal judge meet, and &s;hal an&s;wer all damage to the party by Service, if e&s;tate cannot be found, as in the ca&s;e of o|ther ju&s;t debts; and if it appear there were any procurer, or abet|tor of any the former offences, every &s;uch per&s;on &s;hal be liable to forfeiture, dammage, or puni&s;hment, as if him&s;elfe had done it.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Prophanation of the Lords Day.</HEAD>
<P>Who&s;oever &s;hal prophane the Lords day, or any part of it, ei|ther by &s;inful &s;ervile work, or by unlawful &s;port, Recreation, or otherwi&s;e, whether wilfully, or in a carele&s;s neglect, &s;hal be duly puni&s;hed by fine, impri&s;onment, or corporally according to the nature, and mea&s;ure of the &s;inn, and offence. But if the Court upon examination, by clear, and &s;atisfying evidence find That the &s;in was proudly, pre&s;umptuou&s;ly, &amp; with a high hand <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ommitted again&s;t the known command and authority of the ble&s;&s;ed God, &s;uch a per&s;on therein de&s;pi&s;ing and reproaching the Lord, &s;hal be put to death, That all others may feare and &s;hun &s;uch provoking Rebellious cour&s;es; <HI>Numb:</HI> 15. from 30. to 36 Ver&s;e.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Prophane &s;wearing, or cur&s;ing.</HEAD>
<P>If any per&s;on within this Juri&s;diction, &s;hal &s;wear ra&s;hly and vainly,
<NOTE PLACE="marg">Again&s;t the 3d Comm&aacute;nde|ment, P&s;: 109, 17, 18. Jer: 23.10, Ho&s;: 4.1, 2.</NOTE> either by the holy name of God, or any other Oath, or &s;hal from di&s;tempered pa&s;&s;ion; or otherwi&s;e cur&s;e another, he &s;hal forfeit to the Plantation where he &s;o offends, for the fir&s;t, offence 10 <HI>s.</HI> And if after &s;uch conviction, he offend the 2d. time, he &s;hal pay for that 2. offence 20 <HI>s.</HI> &amp; it &s;hal be in the power of any Magi&s;trate alone, or where there is no Magi&s;trate, of any con&s;table, or Deputy of a particular court, calling into him one or two of the Freemen, to warne, or cal &s;uch a per&s;on before him, and upon &s;ufficient proof, to pa&s;s &s;entence, and leavy the &s;aid penalties, according to the u&s;ual order of Ju&s;tice in this Juri&s;diction. But if any &s;uch per&s;on be not able, or utterly re|fu&s;e to pay the forementioned fines, or any of them, he &s;hal in &s;uch ca&s;e, be committed to the &s;tocks, and for the fir&s;t offence,
<PB N="67" REF="35">&s;hal continue there, betwixt one and two hours; For the &s;econd offence, betwixt three and four hours. But if the &s;aid per&s;on, notwith&s;tanding &s;uch former proceedings, &s;hal offend the third time, by &s;uch &s;wearing, or cur&s;ing, he &s;hal be whipped, for his incorrigible prophanene&s;s. But if &s;wearing and cur|&s;ing go both together, or be accompanied with other &s;inful ag|gravations, &s;uch mi&s;carriages &s;hal be puni&s;hed with a higher Fine, or corporally with due &s;everity, as the Court &s;hal judge meet.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Rates, Fines &amp;c.</HEAD>
<P>Whereas much inconvenience may ari&s;e by the neglect of Officers in collecting, and &s;ea&s;onably paying in, all &s;uch Rates, Fines, and Debts, as from time to time, grow due to the Juri&s;|diction Trea&s;ury; It is Ordered, That in each plantation, where the Officer, or Collector, doth not at the time appointed for the payment of all &s;uch Rates, and fines, or at furthe&s;t with|in one moneth after (though his Office within, or after that month, be expired.) And that by di&s;tre&s;s, whereunto he is here by inabled, when a milder cour&s;e wil not &s;erve, gather, and re|ceive them, in &s;ome &s;uch pay, as this court hath appointed, and pre&s;ently without delay, pay them in, as each plantation hath, or &s;hal Order. That the Juri&s;diction Trea&s;urer may be duly furni&s;hed for the publick occa&s;ions. That then the parti|culer Court, or Con&s;table, in each &s;uch plantation, cau&s;e the &s;aid Rates; and Fines to be leavied by di&s;tre&s;s, out of the proper e&s;tate of &s;uch remi&s;s collector, or officer, to prevent further in|convenience, and di&s;turbance to the plantation. But if any &s;uch officer, or collector, be removed out of the Juri&s;diction, or if any of the planters be dead, removed, or grown in&s;olvent, or if by any other meanes, The ful payment of the Rates, and fines be hindred, The pre&s;ent Authority in any &s;uch plantation by a due a&s;&s;e&s;&s;ement, are to leavy, and gather the &s;ame, of the pre&s;ent planters, and without delay, to pay it in to the Juri&s;di|ction Trea&s;urer; otherwi&s;e the cattel, or other goods, of any planter, or planters, are to be &s;eized by the Mar&s;hal, or other officer, with, or without a&s;&s;i&s;tants, as in the Law for publick charges is expre&s;t,</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="68" REF="36">
<HEAD>Records.</HEAD>
<P>It is ordered, That all Parents, Ma&s;ters, Hou&s;e-keepers, and o|thers, who have either children, &s;ervants, &s;o journers, or lodgers in the hou&s;e, or dwelling with them, &s;hal bring in to the Secreta+ry of the Plantation, where he lives, or to &s;uch other Officer in each plantation, as &s;hal be thereunto appointed, the names of &s;uch per&s;ons belonging, or any way referring to them, or any of them, as &s;hal either be born, or dye, with the re&s;pective time of each &s;uch birth, or death. And al&s;o that every new married man (if married within this Juri&s;diction) &s;hal bring in the certificate thereof, under the hand of the Magi&s;trate or Officer that married him, with the time vvhen, to be recorded fir&s;t by the Officer of the Plantation, where he was married; but if married in another Juri&s;diction, though at pre&s;ent or after he come to be an Inhabitant in this, then to record the marriage where he liveth; and to pay for every Record, whether birth, death, or marriage, three pence, whereof two pence for each &s;uch Record, &s;hal be to the Officer in each Plantation, who &s;hal both Record in the Plantation-book, &amp; yearly deliver or &s;end a tran&s;cript of every birth, death, or marriage, with a pe|ny for each, to the Secretary for the general Court: And what per&s;on &s;oever (to whom it doth belong) &s;hal neglect to bring in a note, or certificate, as afore&s;aid, together with three pence for each Record to the &s;aid plantation-officer, more then one month, after each birth, death, or marriage, he &s;hal pay for each &s;ix pence to the &s;aid Officer; if he neglect two months, he &s;hall pay twelve pence; if three moneths, five &s;hillings, which Forfeits &s;hal go, two third parts to the Plantation-offi|cer, the re&s;t to the Juri&s;diction-officer. And if the Plantation-officer &s;hal either neglect to Record, or to deliver over the tran&s;cripts, as before; or if the Secretary for the general Court, &s;hal neglect to record them, each Officer for every &s;uch neglect &s;hal pay to the Juri&s;diction-Trea&s;urer ten &s;hillings.</P>
<P>It is further ordered and declared, That every man &s;hal have liberty to record in the publick Regi&s;ter of any Court, a|ny te&s;timony given upon Oath, in the &s;ame Court, or before two Magi&s;trates, or any Deed, or Evidence, legally confirmed, there to remain <HI>in perpetuam rei memoriam;</HI> and that every inha|bitant in this Juri&s;diction, &s;hal have free liberty to &s;earch, and
<PB N="69" REF="36">view any &s;uch publick Records, or Regi&s;ters, &amp; to have a copie thereof, written, examined, &amp; figned by the Secretary, or officer of the &s;aid Court, paying the due charge or fees therfore. Al&s;o e|very trial betwixt party and party, &amp; proceedings again&s;t De|linquents in criminal cau&s;es, &s;hall be briefly and di&s;tinctly re|corded, the better to prevent after mi&s;takes, and other incon|veniences.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Replevin.</HEAD>
<P>It is Ordered, and declared, That every man &s;hal have li|berty to Replevy his cattel, or goods, impounded, di&s;treined, or &s;eized, unle&s;s it be upon execution after Judgment, or for payment of Rates or Fines; provided he put in good &s;ecurity to pro&s;ecute the <HI>Replevin,</HI> and to &s;atisfie &s;uch damage and charge, as his adver&s;ary &s;hal recover again&s;t him in Law.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Sabbath, &s;ee prophanation of the Lords day.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Seamen, &amp;c.</HEAD>
<P>It is Ordered, That if any Seaman, Marriner, Ma&s;ter of &s;hip, or Ve&s;&s;el, or other per&s;on, &s;hal receive into any &s;hip, pinnace, Bote, Cannooe, or other Ve&s;&s;el by what name &s;oever called, and &s;hal carry away, or &s;uffer to take, or have pa&s;&s;age, out of a|ny harbor, or plantation, within this Juri&s;diction, any child, &s;ervant, or other per&s;on, whether Male, or Female, whom he knoweth to &s;tand in relation, or under the charge and govern|ment of another, and &s;o not at his, or her own pre&s;ent di&s;po&s;e, or any Debtor, Delinquent, or Offender, whom he knoweth; or hath heard to be under, or liable to any ingagement, cen|&s;ure, or puni&s;hment, to, or from any particular per&s;on, or the authority of this Juri&s;diction, or any plantation therein with|out expre&s;s, and written licen&s;e, from &s;ome Magi&s;trate, dwel|ling in that plantation, or from the Con&s;table, or Deputies in|tru&s;ted for civil affairs, where there is no Magi&s;trate, or at lea&s;t from the ma&s;ter, or governor of the Family, who hath the tru&s;t or power, where there is no other ingagement or guilt. He &s;hal be liable (if known and apprehended in any part of this Ju|ri&s;diction) to &s;atisfie, and pay all &s;uch debts and ingagements as any &s;uch per&s;on oweth, or ought to &s;atisfie, and to pay &s;uch damage or fine to the per&s;on or per&s;ons wronged, or to the Plantation, or Juri&s;diction, as the Court confidering the ca&s;e, with the circum&s;tances, &s;hal judge meet.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="70" REF="37">
<HEAD>Sentences of Judgement.</HEAD>
<P>It is Ordered, That all &s;entences of Judgement, upon crimi|nal cau&s;es, &s;hal be executed upon the Offenders, in the pre&s;ence of the Magi&s;trates, or one of them at lea&s;t; <HI>Deut:</HI> 25.2. of &s;ome other officer in the ab&s;ence of the Magi&s;trate.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Servants &s;ee Ma&s;ters. Shoomakers &s;ee Leather.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD> Single per&s;ons.</HEAD>
<P>To prevent, or &s;uppre&s;s inconvenience, and di&s;order in the cour&s;e and carriage of &s;undry &s;ingle per&s;ons, who live not in &s;ervice, nor in any Family Relation, an&s;wering the mind of God in the fift Commandement. It is Ordered, That no &s;ingle per&s;on of either Sex, do henceforward board, diet, or So journ or be permitted &s;o to do, or to have lodging; or hou&s;e room within any of the Plantations of this Juri&s;diction, but either in &s;ome allowed Relation, or in &s;ome approved Family licen&s;ed thereunto, by the court, or by a Magi&s;trate, or &s;ome Officer, or Officers in that Plantation, appointed thereunto, where there is no Magi&s;trate; The Governor of which Family, &s;o licen&s;ed, &s;hal as he may conveniently, duly ob&s;erve the cour&s;e, carri|age, and behaviour, of every &s;uch &s;ingle per&s;on, whether he, or &s;he walk diligently in a con&s;tant lawful imployment, attending both Family duties, and the publick wor&s;hip <HI>of</HI> God, and kee|ping good order day and night, or otherwi&s;e. And &s;hal then complaine of any &s;uch di&s;order, That every &s;uch &s;ingle per&s;on may be que&s;tioned, and puni&s;hed, if the ca&s;e require it. And if any &s;ingle per&s;on &s;hal dyet, or lodge, or if any hou&s;e-keeper &s;hal admit, or entertaine any &s;uch, contrary to the true mean|ing of this Order; or if any Licen&s;ed to receive &s;uch, &s;hal neg|lect to complain of any di&s;order ob&s;erved, all, and every &s;uch per&s;ons, &s;hal pay &s;uch fine, as the court, or authority appointed for the place, &s;hal judge meet.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Sojourners, &s;ee &s;trangers.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD> Strayes.</HEAD>
<P>It is Ordered, That who&s;oever &s;hal take up, or detain any &s;tray bea&s;t, or &s;wine, or find any lo&s;t goods; he &s;hal within &s;ix daies, give notice thereof to the Mar&s;hal, cryer, or other officer appointed for &s;uch &s;ervice, by the plantation to which he be|longs, who &s;hal enter, or cau&s;e the &s;ame to be entred in a Book; And take Order, That it be duly cryed, on their 3 next Lecture
<PB N="71" REF="37">dayes, or upon 3 &s;everal dayes of the Towns mo&s;t general mee|ting, which the time wil afford; And if the value exceed twen|ty &s;hillings, he &s;hal cau&s;e the like publication to be made, at the publick meetings, of the two next Towns, That the owner may the better hear of, &amp; recover what belongeth to him. And further, in the ca&s;e of a &s;tray bea&s;t, he &s;hal within one moneth after &s;uch finding, put, and indeavour from time to time, to keep a with, or wreath about the neck of it; And within three months at furthe&s;t, (if the Owner in that time appear not) he &s;hal acquaint the next Magi&s;trate with the &s;tray taken up, or goods found, and his due proceedings about them, that the &s;ame may be appri&s;ed by &s;uch indifferent men as the &s;aid Ma|gi&s;trate &s;hal nominate, &amp; appoint. And &s;hal within &s;ix dayes af|ter that, cau&s;e the appri&s;ement to be duly Recorded, by the Se|cretary of the Plantation-Court, or Con&s;table, or other Officer there intru&s;ted for publick affairs, with the colour, age, natural or artificial markes, or &s;uch other de&s;oription, as be&s;t &s;uits the &s;tray, or goods, &s;o taken up, or found. And if the owner, of any &s;uch &s;tray appeare with in one yeare after &s;uch publication, he &s;hal have Re&s;titution in kind, if with &s;afety, and conveniency it might be &s;o long kept, paying all ju&s;t damages, and charges, to the finder, and Officers, nay if he appear within three years, after the &s;tray was fir&s;t taken up (paying as before) he &s;hal have the ful value (according to the fore-mentioned appri&s;ement) re&s;tored. But if the owner &s;hal be, and continue &s;o negligent that neither in the fir&s;t, &s;econd, nor third year, he improve the means pre&s;cribed, to a&s;&s;ert, and clear his title; The &s;aid &s;tray, or lo&s;t goods, (to prevent contention, and inconvenience which may after grow) &s;hal be in reference to the fir&s;t Owner by &s;en|tence of the Plantation-Court lo&s;t, and forfeited; And the ful value, all damages, and charges to finder, Officers, or others, being fir&s;t deducted (wherein if there be any que&s;tion, The Court, or &s;ome indifferently cho&s;en if there be no court in that Plantation, &s;hal con&s;ider and determine) &s;hal be equally divi|ded, one half to the Plantation, and the other half to the finder. But if the &s;aid finder &s;hal omit, or neglect his duty, or any part of it, according to the former directions, He &s;hal pay &s;uch damage to the owner, and &s;uch fine to the plantation, as the Court upon con&s;ideration of the mi&s;carriage &s;hal judge meet;
<PB N="72" REF="38">if he proceed further, to &s;el, kil, or any way for his own ad|vantage di&s;po&s;e, or alienate the property of any &s;uch &s;tray, without attending the &s;aid directions, he &s;hal upon proofe, pay double the value, either to the owner, if he may be found, or to the Plantation to which the finder belongs; Pro<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ided al&s;o that if the owner or other per&s;on, &s;hal injuriou&s;ly, without or|der from Authority, or con&s;ent of the finder, take off &s;uch with or wreath, or take away &s;uch &s;tray (after &s;uch with or wreath, to his knowledg hath been put on) before he have cleared his intere&s;t, and given &s;atisfaction for damages, or charges expen|ded, he &s;hal forfeit the ful value of the Stray, appri&s;ed as before, to the u&s;e of the finder.</P>
<CLOSER><POSTSCRIPT>
<P><HI>Strangers, &s;ee Gourts</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>. Strangers complaining.</HEAD>
<P>If any &s;tranger, or per&s;on of another Nation, complain of in|jury received from any within this Juri&s;diction: It is Ordered, that due &s;earch and inquiry be made concerning the &s;ame, that Ju&s;tice may have a free pa&s;&s;age;
<NOTE PLACE="marg">Exod: 22.21, 23.9.</NOTE> And that the &s;tranger (if wronged) may receive due &s;atisfaction, either out of the e&s;tate of the Offender, or by his corporal puni&s;hment, as the ca&s;e may require, and according to <HI>Matt:</HI> 7.12.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Strangers, Sojourners, and Servants.</HEAD>
<P>To prevent &s;undry inconveniences which may grow to this Juri&s;diction, &amp; the Plantations thereof, by the incon&s;iderate, &amp; di&s;orderly receiving &amp; entertaining of &s;trangers, or others, to be Planters, or Sojourners in any part of this Colony; It is Ordered That henceforward, no per&s;on receive, or entertain any man, or Woman, of what age or quality &s;oever, coming or re&s;orting ei|ther from forraign parts, or from other Juri&s;dictions, or Plan|tations, into any Plantation, or Farme hou&s;e, or habitation within the bounds, or limits of any Plantation within this Ju|ri&s;diction, to &s;ettle as a planter, or &s;o jorner, nor &s;el, give, nor a|ny way alienate, or pa&s;s over, lea&s;e, or let any hou&s;e, or hou&s;-lot, or any part or parcel of any of them, or any Land, of what kind or quality &s;oever, nor &s;hal permit any &s;uch to &s;tay, or a|bide above one moneth, without a Licen&s;e from, and under the hand of &s;ome Magi&s;trate dwelling in that plantation, or with|out the con&s;ent, and expre&s;s Order of the major part of the Freemen of &s;uch Plantation where there is no Magi&s;trate, or
<PB N="73" REF="38">without the con&s;ent, and order of the greater part of the Inha|bitants, where there is neither Church nor Freemen, under the penalty of ten pounds to be paid as a Fine to the Plantation, where this Order is violated. Yet if any &s;uch violation or offence be made, or committed, only by error, or mi&s;take, and with &s;mal or no inconvenience to the Plantation, or Juri&s;dicti|on; The fine, or penalty, may be moderated, as the Plantation-Court, or Court of Magi&s;trates, &s;hal &s;ee cau&s;e. Provided that this Order is neither intended, nor reacheth to Travellers, nor &s;uch as re&s;ort hither in a way of Merchandi&s;e, or trade, nor to the entertainment of Friends, who in a way of love come only to vi&s;it, and walk inoffen&s;ively, nor to &s;ervants received, and entertained upon Family Re&s;pects. In all which ca&s;es, as every perticuler per&s;on con&s;iders his own conveniency in receiving &amp; entertaining; &s;o the Court of Magi&s;trates, or Plantation Court wil con&s;ider how far they may ju&s;tly free the Juri&s;diction, or plantation, from inconvenience and charge. But it is by this Court Ordered, That if any &s;ervant fal &s;ick, or any way di&s;|ea&s;ed, or di&s;tempered, during the time of Service by Covenant or Agreement; The Governor of &s;uch &s;ervant, while that tearm la&s;teth, &s;hal provide what is nece&s;&s;ary, without putting any bur|den, or charge upon the Plantation, or Juri&s;diction: And if &s;uch hurt came, or were brought upon &s;uch &s;ervant by the cruelty, or mi&s;carriage of the Family governor; &s;uch Governor &s;hal al|low recompence or maintenance, after the time of Relation is expired, as the Plantation Court &s;hal judge meet. But if the hurt came by any providence of God, without the default of the fa|mily governor; The Plantation &s;hal di&s;po&s;e, or provide for &s;uch &s;ervant, after his, or her time of &s;ervice is expired, as the ca&s;e may require.</P>
<P>And to prevent difference or que&s;tions which may ari&s;e, and grow within this Juri&s;diction: It is agreed, and Ordered, That if any per&s;on Male, or Femal, elder, or younger, whether with, or without licen&s;e, &s;hal hereafter Sojourne, or have con|&s;tant dwelling, or abode, within the limits of any Plantation in this Juri&s;diction, for and during the tearm, or time of one whole year, every &s;uch per&s;on &s;hal to all purpo&s;es (in reference to any plantation within this Juri&s;diction, but no further) be accounted an Inhabitant there, and &s;hal not be &s;ent back, or returned (unle&s;s to &s;ome perticular per&s;on &s;tanding, and conti|nuing
<PB N="74" REF="39">in relation to receive, and provide as the ca&s;e may re|q<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ire) nor &s;hal the Ju<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">i&s;diction, or any other Plantation in it be liable to any charge, or burden, in reference to any &s;uch per|&s;on, though he, or &s;he, hath dwelt el&s;e where in the Juri&s;dicti|on before.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Stripes.</HEAD>
<P><HI>Stripes,</HI>
<NOTE PLACE="marg">Prov: 19.29. c: 26 3.</NOTE> or whipping, is a correction fit, and proper in &s;ome ca|&s;es, where the offence is accompanied with childi&s;h, or bruti&s;h folly, with rude filthine&s;s, or with &s;tubborn in&s;olency, with be&s;t|ly cruelty, or with idle vagrancy, or for faults of like nature. But when &s;tripes are due: It is Ordered, That not above forty &s;tripes &s;hal be inflicted at one time; <HI>Deut:</HI> 25.3.</P>
<CLOSER><POSTSCRIPT>
<P><LIST>
<ITEM>Suits Vexatious, &s;ee damages pretended.</ITEM>
<ITEM>Swearing, &s;ee prophane &s;wearing.</ITEM>
<ITEM>Swine, &s;ee Cattel, and &s;ee Plantations.</ITEM>
<ITEM>Thefts, &s;ee Burglary.</ITEM>
</LIST></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tre&s;pa&s;s.</HEAD>
<P>It is Ordered, and Declared, That in any Tre&s;pa&s;s, or damage done to any man or men, if it appeare, or can be proved to be done, by the meer default of him, or them, upon whom the lo&s;&s;e, or damage fals; it &s;hal be juded no Tre&s;pa&s;s, nor any Re|compence allowed for it.</P>
<CLOSER><POSTSCRIPT>
<P>Watch, &s;ee Military affairs.</P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Weights and Mea&s;ures.</HEAD>
<P>Whereas a con&s;iderable part of Righteou&s;ne&s;&s;e, between B<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">yer, and Seller, doth con&s;i&s;t, in known, certain, and ju&s;t Weights, and Mea&s;ures, It is ordered, That in every Plantation, within this Juri&s;diction, there be &s;everal Standards, procured, and &s;ealed, that they may be uniform, and certain; <HI>viz.</HI> for weights, a &s;et of Bra&s;s weights, to 4 pounds, with the le&s;s weights included, according to the <HI>Averdepois</HI> pound, con&s;i&s;ting of &s;i<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">|teen ounces,
<NOTE PLACE="marg">Deut: 25.13.40.17.</NOTE> with a good Beam, and Scales, fit to try them. And &s;o for Corn mea&s;ures, the Bu&s;hel, halfe Bu&s;hel, Peck, and halfe Peck, to be fitted to <HI>Winche&s;ter</HI> mea&s;ure in <HI>England,</HI> and alike in all plantations. And mea&s;ures for liquid things, as the Ale quart, Wine quart, Wine pint, <HI>&amp;c:</HI> And that there be one Ell, and one Yard. That all, and each may be according to the u&s;e in <HI>London,</HI> as is generally practi&s;ed in the&s;e united Colonies. And that in goods &s;old by the Ell, or Yard, a Thums breadth be allowed to the length of each Ell, and Yard. In goods &s;old by the hundred weight, That five&s;core and twelve be alowed
<PB N="75" REF="39">And in all &s;orts of Nails &s;old by the hundred, &s;ix &s;core be al|lowed to the hundred, according to the cour&s;e in <HI>England.</HI></P>
<P>And that in each Plantation within this Juri&s;diction, &s;ome fit man, or men, be cho&s;en and appointed, under oath to view, and try all the forementioned Weights and Mea&s;ures u&s;ed in buying and &s;elling, at lea&s;t once a year; but oftner if there be cau&s;e, and to fit them to the forementioned Standards, and then to mark them, with &s;ome &s;uch known, and approved mark, and to have &s;uch allowance for the &s;ame, as each Plan|tation &s;hal order, which Viewers, or Officers, &s;o &s;worn, &s;hal in each Plantation yearly, (be&s;ide extraordinary Viewers) ap|point a convenient time, and place, to prove, and try, all &s;uch Weights, and Mea&s;ures, &amp; &s;hal give publick, or due notice of it, And&s;uch weights or mea&s;ures, as cannot be brought or confor|med to the Standard, &s;hal be ordered, or de&s;troyed, that they be no more u&s;ed in buying or &s;elling.</P>
<P>La&s;tly, if any Viewer, or Officer, &s;o cho&s;en, and &s;worn, do neglect his Duty and Tru&s;t, in any part of the Premi&s;es, he &s;hal pay as a Fine to the Plantation, fourty &s;hillings. If any per&s;on within this Juri&s;diction, after &s;uch notice given, &s;hal neglect to bring in his Weights, and Mea&s;ures, at the time, and to the place appointed, he &s;hal pay three &s;hillings four pence, for eve|ry &s;uch default, one balfe to the viewer, or Officer, and the o|ther half to the Plantation. But if any per&s;on within this Ju|ri&s;diction, &s;hal at any time buy, or &s;el, by any fal&s;e or unallow|ed Weight, or Mea&s;ure, to the damage of his neighbour, he &s;hal pay (be&s;ides Re&s;titution) &s;uch Fine to the Plantation, as the Court con&s;idering the nature, and mea&s;ure of the offence, &s;hal judge meet.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Wills, Inventories, and the Estates of &s;uch as dye inte&s;tate.</HEAD>
<P>It is ordered, That vvhen any man dyeth po&s;&s;e&s;&s;ed of an E|&s;tate within this Juri&s;diction, whether it be greater, or le&s;&s;e, The Secretary of each Plantation, or &s;ome Officer thereunto appointed, &s;hal enquire and call for the la&s;t Wil and Te&s;tament of every &s;uch per&s;on, together with a true Inventory of all the goods and e&s;tate of the decea&s;ed, within this Juri&s;diction, which vvith the fir&s;t conveniency &s;hal be ju&s;tly prized, and the e&s;tate di&s;po&s;ed, or pre&s;erved, as the ca&s;e &s;hal require. But the Will (if any be made and found) and the Inventory, &s;hal be du|ly and re&s;pectively proved by oath, the Wil by Witne&s;&s;es, the
<PB N="76" REF="40">Inventory for the quantity of the goods, by Executors, Admi|ni&s;trators, or &s;uch as have had the E&s;tate in cu&s;tody. And for the valuation by the Appri&s;ers, who &s;hal be approved and apoin|ted thereu<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">to, by the Plantation Court, or by &s;ome Magi&s;trate, or Authority there &s;etled, and &s;hal be recorded by the Se|cretary or &s;ome other Officer in all the particulars, and &s;o kept among the Plantation Records, and after pre&s;ented to the next Court of Magi&s;trates, or at the furthe&s;t to the next Court but one, after the party decea&s;ed, under &s;uch penalty as the Court &s;hal judge meet, and delivered to the Secretary for the Juri&s;diction, who &s;hal keep all original Wils and Inventories upon the File, and enter onely a brief ab&s;tract of them, among the Juri&s;diction Records; namely, the date of the Wil, the names of the Witne&s;&s;es, when proved, when the Inventory vvas taken, the per&s;ons by vvhom the e&s;tate was pri&s;ed, vvith the &s;umme it amounts to, and writing upon the Wil and Invento|ry, in what folio the premi&s;es are entred in the book of Re|cord. And that &s;ix &s;hillings be paid for every &s;uch Wil and In|ventory. But in Plantations where there is no Court, the Ju|ri&s;diction Secretary &s;hal at each generall Court, call to the Deputies for &s;uch Wils, &amp; Inventories, which are to be brought in, and entred at large, in a book of Records kept by the Court of Magi&s;trates for that purpo&s;e, and the Originals kept on the file, as before expre&s;&s;ed. And in &s;uch ca&s;es the Juri&s;diction Secretary to receive the Fees due both to him&s;elfe and the Plantation Secretary. And when either the Wils, or Invento|ries, or both, are large, and require much writing, the Court of Magi&s;trates, or Plantation Court, may enlarge the Secreta|ries Fees. But if through the unskilfulne&s;&s;e, or inadvertency of any per&s;on, any Wil, or Wils, made or left, want due Form, or cannot be legally proved, in &s;uch ca&s;e, the Court following as neer as they rationally may, the &s;cope, and aim of the Te|&s;tator, the Executor, or Admini&s;trator, before any of them in|termeddle, or have any power of &s;uch an E&s;tate, &s;hal (if the Court &s;ee cau&s;e) put in &s;ufficient &s;ecurity, which &s;hall &s;tand in force three years from the date, to deliver back the value of the whole E&s;tate, or &s;uch part of it, as the Court &s;hal finde ju&s;t cau&s;e, otherwi&s;e to di&s;po&s;e of.</P>
<P>But if no Wil be found, then the Court of Magi&s;trates, or Plantation Court, &s;hal con&s;ider, who hath the next right of
<PB N="77" REF="40">Admini&s;tration and when any &s;uch doth admini&s;ter, he, &s;he, or they, &s;hal give &s;uch Bond, or Security, as the Court con&s;idering the value of the E&s;tate with &s;uch que&s;tions as are like to ari&s;e, &s;hal judge meet, to bring in a true Inventory, within a conveni|ent time limited, and to di&s;po&s;e of the whole e&s;tate, as the Court according to the Laws here &s;etled, &s;hall &s;ee cau&s;e toorder. And concerning &s;uch as dye here inte&s;tate, It is Ordered, That the true e&s;tate, all ju&s;t debts being paid, &amp; all nece&s;&s;ary expences di&s;charged; &s;uch as about the Funeral of the decea&s;ed, pri&s;ing the goods, bringing in the Inventory, immediate &amp; rea&s;onable char|ges of Hou&s;e keeping, til things (without unnece&s;&s;ary delay) may be &s;etled, &s;hal be divided and alotted as followeth; Namely, one 3 <HI>d.</HI> part at lea&s;t, to the Widow of the decea&s;ed, if he leave a Wi|dow. And if there be children left, not or not duly provided for, two third parts at mo&s;t to them,
<NOTE PLACE="marg">Deut: 21:17.</NOTE> with due re&s;pect <HI>to the elde&s;t Son,</HI> who is to have a double childs portion, of the whole E&s;tate, Real, and Per&s;onal, unle&s;&s;e the general Court, upon ju&s;t cau&s;e, and grounds, &s;hal judge otherwi&s;e, either for dividing the E&s;tate, or for the portion of the fir&s;t born. But in ca&s;e the Inte&s;tate Ieave his wife (who hath well de&s;erved of him while he lived) and but one Child, one third part of the E&s;tate, &s;hal as before, go to the Widow, and one third part to the Child; but the other third part &s;hal be divided by the Plantation Court, as they &s;ee cau&s;e, betwixt the Widow and the Child, re&s;erving liberty for an Appeal, either to the Court of Magi|&s;trates, or to the general Court, as in other ca&s;es.</P>
<CLOSER><POSTSCRIPT>
<P>Wine. See Impo&s;t.</P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Witne&s;&s;es.</HEAD>
<P>That Ju&s;tice may have the more free pa&s;&s;age, It is ordered, That any one Magi&s;trate, or other Officer authori&s;ed by the general Court, may upon oath, take the te&s;timony of any per|&s;on of fourteen yeares of age, or above, being of &s;ound under|&s;tanding, and of good Reputation, in any ca&s;e, civil, or criminal, out of Court; and te&s;tifie the &s;ame, if it be de&s;ired, by his &s;ub|&s;cription, for evidence in another Juri&s;diction. But if it be for this juri&s;diction, the Magi&s;trate, or Officer is to keep the &s;ame in his own hands, or cu&s;tody, til the Court; or deliver it to the Secretary, or other Officer to be recorded, that nothing be altered in it. And yet where any &s;uch Witne&s;&s;e lives in the Plantation where the Court is held, or at furthe&s;t within &s;ix|teen
<PB N="78" REF="41">milts of it, and is not di&s;abled by &s;ickne&s;&s;e, or other infir|mity; the &s;aid Te&s;timony &s;o taken out of Court (e&s;pecially in capital cau&s;es) &s;hal not be received, or made u&s;e of in Court, except it were either at fir&s;t, taken in the pre&s;ence of the party te&s;tified again&s;t, or that the witne&s;&s;e be after pre&s;ent in Court, to be (if there be cau&s;e) further examined about it. And it is further ordered, That any per&s;on (by warrant from a Magi|&s;trate, or other Officer thereunto authori&s;ed) &s;ummoned to appeare as a witne&s;&s;e, in any civil ca&s;e betwixt party and par|ty, &s;hal not be compellable to travel to any Court in another Plantation, where he is to give his te&s;timony, except he who procured the &s;ummons, &s;hal fir&s;t lay down, or give him &s;ati&s;|faction for his travel, and expences outward and homeward, after the rate of two &s;hillings a day, in proportion to the length of the way, and for &s;uch time, as he &s;hal nece&s;&s;arily &s;pend in attendance about &s;uch ca&s;e, at the Court or place, dne recom|pence &s;hal be awarded by the Court. And if any witne&s;&s;e &s;o &s;ummoned, and after &s;uch payment, or &s;atisfaction, &s;hal fail to appeare, to give his te&s;timony, he &s;hal (upon an action of the ca&s;e) be liable to pay the parties dammages. And the like ap|pearance (under &s;uch penalties as the nature and weight of the ca&s;e may require) &s;hal all witne&s;&s;es (being &s;o &s;ummoned) be bound to make, to give evidence in criminal cau&s;es, who &s;hal al&s;o have due &s;atisfaction from the Trea&s;urer, upon notice, and direction from the Secretary of the Court, vvhere the cau&s;e was tried. And it is further ordered, That in all &s;uch cau&s;es, the charges of the witne&s;&s;es &s;hal be born by the Delinquent, and &s;hal be added to the Fine, or cen&s;ure impo&s;ed. That what the Trea&s;urer upon &s;uch warrant from the Court, &s;hal disbur&s;e to the witne&s;&s;es, may be duly repaid by the offender, that neither the Juri&s;diction nor Plautation be unnece&s;&s;arily burdened.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Wolves.</HEAD>
<P>UPon experience of great hurt already done by Wolves in the&s;e parts, and upon con&s;ideration how mi&s;chievous the increa&s;e of them may prove: It is (for the incouragement of all &s;uch as wil &s;et them&s;elves to kil, and de&s;troy them) Ordered; That who&s;oever &s;hal kil an old Wolf within this Juri&s;diction, and bring his head, &s;hal have for the &s;ame 20 <HI>s.</HI> and for each young Wolf &s;o kild, and brought 10 <HI>s.</HI> And that the <HI>Indians</HI> have for each old Wolfes head &s;o kild five &s;hillings; and for
<PB N="79" REF="41">each young one 2 <HI>s.</HI> &amp; 6 <HI>d.</HI> which &s;everal &s;umms are to be paid by the Plantation, within the Limits wherof, any &s;uch Wolfe is kild; The bounds whereof, are the Lines betwixt each planta|tion; and to this purpo&s;e, &s;o to be accounted 12 miles up into the Country.</P>
</DIV2>
<DIV2 TYPE="part">
<P><HI>Some pre&s;idents, and formes of things frequently u&s;ed.</HI></P>
<P><HI>TO</HI> (A. B.) <HI>Husbandman of</HI> (B) <HI>you are to appeare at the next Court, holden at</HI> (N) <HI>on the <GAP DESC="blank"> day of the <GAP DESC="blank"> month next en&s;uing,</HI>
<NOTE PLACE="marg">Summons.</NOTE> <HI>to an&s;wer the complaint of (C: D.) for with holding a debt of <GAP DESC="blank"> due upon a Bond or Bill &amp;c. or for a hor&s;e &amp;c. &s;ould you by him, or for work, or for a Tre&s;pa&s;s done him, in his Corne, or Hay, by your Cattel, or for a defamation, or Slander, you have rai&s;ed, or brought upon his name, or for &s;triking him, or the like. And hereof you may not fail at your peril. Dated the <GAP DESC="blank"> day of the <GAP DESC="blank"> month</HI> 1655.</P>
<P><HI>To the Mar&s;hal or Con&s;table of (N.) or to his Deputy; you are re|quired to attach (when the ca&s;e requires it) the body, and goods, of (E: F.) and to take Bond of him,</HI>
<NOTE PLACE="marg">An At<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">a<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">|ment.</NOTE> <HI>to the value of <GAP DESC="blank"> with &s;ufficiens &s;urety, or &s;ureties, for his appearance, at the next Court holden at (N) on the <GAP DESC="blank"> day of the <GAP DESC="blank"> month, then and there to an&s;wer the complaint of</HI> (G: H.) <HI>for &amp;c. as before. And &s;o make a true Returne thereof under your hand. Dated the <GAP DESC="blank"> day &amp;c</HI></P>
<P><HI>Know all by the&s;e Pre&s;ents, That we (E: F.) of (M) Husband|man; And</HI> (I: K.) <HI>of the &s;ame Plantation Carpenter, do bind our &s;elves, our Heires, and Executors to (L: M.) Mar&s;hal, or (N: O.) Con&s;table of (N) aforo&s;aid, in <GAP DESC="blank"> pounds, upon condition,</HI>
<NOTE PLACE="marg">Bond for ap|pearance.</NOTE> <HI>That the &s;aid (E: F.) &s;hal per&s;onally appeare at the next Court at (N) to an&s;wer</HI> (G: H.) <HI>in an Action of <GAP DESC="blank"> And to abide the Order of the Court therein; And not to depart without licen&s;e.</HI></P>
<P><HI>To the Mar&s;hal or Constable of <GAP DESC="blank"> you are required to Replevi two Heifers of (P: R.) now distreyned, or impounded by</HI> (S: T:) <HI>And to deliver them to the &s;aid (P: R.)</HI>
<NOTE PLACE="marg">Replevin.</NOTE> <HI>Provided he give Bond to the value of <GAP DESC="blank"> with &s;ufficient &s;urety, or &s;ureties, to pro&s;ecute his Replevin, at the next Court holden at</HI> (S.) <HI>And &s;o from Court to Court, til the cau&s;e be ended; And to pay &s;uch co&s;ts, and da|mages as the &s;aid</HI> (S. T) <HI>&s;hal by law recover again&s;t him; And &s;o make a true Return thereof, under your hand. Dated &amp;c.</HI></P>
<P><HI>You</HI> (S: T) <HI>being by the providence of God, an Inhabitant with|in</HI> Newhaven <HI>Juri&s;diction, do freely, and &s;incerely acknowledge your &s;elf to be &s;ubject to the Government thereof; And do here &s;weare by
<PB N="80" REF="42">the great and dreadful name of the everla&s;ting God, That you wil be true,</HI>
<NOTE PLACE="marg">Oath of Fide|lity,</NOTE> <HI>and faithful to the &s;ame; And wil yeild due a&s;&s;i&s;tance thereun|to, with your per&s;on, and E&s;tate, as in equity you are bound; and wil truly indeavour to entertain and pre&s;erve all the liberties and privi|ledges thereof, &s;ubmitting your &s;elf to all the ju&s;t and whol&s;ome Laws, and Orders, which already are, or hereafter &s;hal be by lawful Au|thority there made, and e&s;tabli&s;hed. And further that you will nei|ther plot, nor practi&s;e any evil again&s;t it, nor con&s;ent to any that &s;hal &s;o do. But wil fully, and timely di&s;cover the &s;ame to lawful au|thority there &s;etled, for the &s;peedy preventing thereof. And that you wil as in duty you are bound, maintaine the honour of the &s;ame, and of all the lawful Magi&s;trates thereof, promoting the publick good whil&s;t you &s;hal continue an Inhabitant there; And when&s;oever you &s;hall be duly called as a free Burge&s;s, according to the fundamental Order, and agreement for Government in this Juri&s;diction, to give your Vote, or &s;uffrage touching any matter which concerneth this Colony; you &s;hall give it as in your Con&s;cience you &s;hall judge may conduce to the be&s;t good of the &s;ame, without re&s;pect of per&s;on, or favour to, or from any man. So help you God in our Lord Je&s;us Christ.</HI></P>
<P><HI>Whereas you</HI> (A: B.) <HI>are cho&s;en to the place of Governor, within this Juri&s;diction for the in&s;uing year; And til a new Governor be cho|&s;en, and &s;worn, you do here &s;wear by the great &amp; dreadful name of the the ever living God,</HI>
<NOTE PLACE="marg">Governors Oath.</NOTE> <HI>to maintaine (according to your best ability) all the lawful priviledges of this Common-wealth; according to the fundamental Order and agreement made for Government thereof, And that you wil carry and demean your &s;elf for the &s;aid time of your Goverument, According to the Laws of God, and for advancement of his Go&s;pel, The Laws of this Colony, And the good of the Inhabitants thereof, you &s;hal do Justice to all without partiality, as much as in you lyeth. So help you God, &amp;c.</HI></P>
<P><HI>Whereas you (C: D.)</HI>
<NOTE PLACE="marg">Deputy Go|vernor, and Magi&s;trates.</NOTE> <HI>are cho&s;en to the place of Deputy Governor &amp;c. or you (E: F.) are cho&s;en to the place of a Magistrate &amp;c. as in the Governors Oath,</HI> mutatis mutandis.</P>
<P>Several other Oaths are to be admini&s;tred to other Officers, as Secretary, and Trea&s;urer for the Juri&s;diction,
<NOTE PLACE="marg">Other Officers and Witne&s;&s;es.</NOTE> Deputies for particular Courts, Mar&s;hal, Con&s;table, Witne&s;&s;es, &amp;c. But the &s;ub&s;tance of their Oaths is to ingage them to a faithful di&s;charge of the duty of their places, and tru&s;t, accor|ding to the be&s;t of their ability, to pre&s;erve the peace of the Juri&s;diction, And to give ful and true evidence, in the ca&s;es, wherein they give te&s;ti|mony.</P>
</DIV2>
<TRAILER>FINIS.</TRAILER>
<PB REF="42">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
