\ CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1891 BY HENRY WILLIAMS SAGE Cornell University Library F 68.N55 1836 Compact with the charter and laws of the 3 1924 024 932 505 r2 ^»?s Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024932505 THE COMPACT, CHARTER AND LAWS COLONY OF NEW PLYMOUTH. THE COMPACT WITH THE CHARTER AND LAWS COLONY OF NEW PLYMOUTH TOGETHER WITH THE CHARTER OF THE COUNCIL AT PLYMOUTH. AN APPENDIX, CONTAINING THE articles of ©onfrteratiou of tije SEnitctr ffiolontes of Wfto lEufllantr, OTHER VALUABLE DOCUMENTS. PUBLISHED AGREEABLY TO A RESOLVE, PASSED APRIL 5, 1836. UNDER THE SUPERVISION OF WILLIAM BRIGHAM, CouDsellor at Law. DUTTON AND WENTWORTH, PRINTERS TO THE STATE, Nos. 10 & 12, Exchange Street. 1836. ADVERTISEMENT By a-* Resolve of the Legislature, passed on the fifth day of April, 1836, it was ordered, that fifteen hundred copies of the Laws of the Old Colony should be published for the use of the Commonwealth, and His Excellency the Governor was authorized to appoint a Superintendent of the printing and publishing of the same. Under that Resolve, the subscriber had the honor of an appointment, and in discharging the duties of bis office, he has en- deavored to carry into effect the liberal views of the Legislature, and to prepare the work in a manner which he hopes will be ac- ceptable to the public. A large portion of the volume has never before been published, and was taken from manuscript records — the originals of which are now in the Registry of Deeds for the County of Plymouth. The attention of the Legislature appears to have been first directed to these records in 1818, when a Committee, consisting of Rev. James Freeman, D. D., and Benjamin R. Nichols and Samuel Davis, Esquires, was appointed, with authority " to examine them, and if they should find the same of right belonging to the Commonwealth, they shall have power to take the same into their custody, for the purpose of a full examination ; and they are requested to report how far, in their opinion, it may be proper to have the same deposited in the Archives of the Secretary of the State, for the use of legislators, historians, and antiquarians, and how far it may be useful to multiply copies of the whole, or any part of them, for the use of all the people." This Committee reported their doings to the General Court at its next session, and gave the following account of these records, viz: " The Old Colony records consist of twelve volumes in folio, and the Charter engrossed on parchment. The volumes are mark- ed 1, 2, 4, 6, 6, 7, 8, 12, 15, 16, Though it does not appear that VI ADVEKTISEMENT. any volumes have been lost, yet there are none w^ith the marks 3, 9, 10, 13, 14. But several of the volumes contain two or more parts, which circumstance probably prevented the volumes being marked in a continued series of numbers." " The general contents of the volumes are the Acts and Re- solves of the Legislature : — ^judicial proceedings of the Court of Assistants, consisting of civil and criminal cases, and the settle- ment of estates of persons deceased : — Orders of the Council of War, military transactions and appointments of commissioned offi- cers : — names of the freemen admitted, and the selectmen of towns, — registers of births, marriages, and deaths, — admonitions to churches, and recommendations and addresses to the people, — grants of land, — records of wills and deeds, — a variety of miscel- laneous matters, which cannot be classed under any particular head. These several articles are blended together in the, same volume, and frequently on the same page, and different parts of a volume are bound together, with leaves inverted and misplaced, and without regard to dates." This Committee further say, "that they have not been able to discover whether any arrangement was made respecting these rec- ords before the union of Plymouth with Massachusetts, or by the Province afterwards ; but it was undoubtedly concluded at the time of the union, as it will probably be thought now that it would be inconvenient and injurious to the inhabitants of the Old Colony to remove from them the deeds and other titles to their estates, which cannot be separated from the Acts of their General Court." They recommend " that copies be multiplied by printing the most interesting articles, so that they may be read with ease by all whose curiosity, taste or studies, may lead them to the exam- ination." The same Committee was subsequently directed to cause certain portions of the records to be transcribed. This duty was performed in a very faithful and satisfactory manner by Benjamin R. Nichols, Esq., whose labours are best described by the use of his own language. He says, " the original records being in great ADVERTISEMENT. VII confusion and much defaced, he found it necessary to arrange them anew, according to their dates and subject matter, and to make full indexes to them. He also had them interleaved and new-bound. The original Charter of the Colony being considerably defaced, he had it repaired, and placed in a port folio." " The records are now so arranged," he continues, " that the legislative proceedings or court orders form six separate volumes — the wills and inventories four — deeds six — laws one — acts of commissioners of the United Colonies two. There is also an imper- fect volume of said commissioners' original minutes — one volume of Indian deeds — Treasurer's accounts and lists of freemen, and one volume of actions, marriages, births, and deaths, making twenty- two volumes of original records." " The copies made from the above form eleven folio volumes, and are indexed like the originals. All the laws and legislative proceedings are copied, with as much of the other records as was thought to be useful or interesting to the public. The parts not copied are most of the private deeds, actions, wills and invento- ries. Care has been taken to preserve in the copies the original orthography and paging" Such is the source from which this volume has been formed. The design of preserving the laws as near their original form as possible has been kept constantly in view, and for this purpose their chronological arrangement has been preserved, and the ancient or- thography retained. This arrangement exhibits more fully than any other the progress of public opinion in legislation, and the changes which took place, from time to time, in the laws, corresponding to those in the condition, wants and institutions of the Colony. For some purposes, it would undoubtedly have been more convenient to have had all the laws relating to the same subject published under one head, but this would have changed their original form, and by separating the acts of the same year, which, though upon different subjects, are often connected, and sometimes grow out of each other, it would have been more difficult to have observed the spirit of the people as embodied in their laws — and thus one of the ob- Vm ADVERTISEMENT. jects of this publication would have been defeated. The extensive jurisdiction of the General Court acting sometimes as a legislative assembly, and at others as a court of justice has made it difficult in many cases to make a distinction between what are properly denominated laws, and the mere court orders or resolutions. This difficulty was much increased by the fact that these laws, reso- lutions and orders, were adopted frequently at the same meeting of the General Court, consisting sometimes of the governor, assist- ants, and deputies, or committees, as they were called, and some- times of the whole body of freemen. In all cases of doubt, however, or where the orders or resolutions are matters of in- terest, they are published in their chronological order with the laws, such a course being thought more in accordance with the de- sign of the work, and giving it a higher historical interest and value. The work is divided into three parts : the first containing all the laws from the settlement of the Colony to 1658 ; the second all the laws found in the records from that period to its union with Massachusetts, and the third the general revised laws, which were adopted and printed in 1671, together with portions of the edition of the laws published in 1685. Other divisions might perhaps have been made with equal propriety, corresponding with other impor- tant eras in the history of the Colony, but these seemed to be the only ones necessary. The first revision of the laws was in 1636, and this may be regarded the first important era in their history, or perhaps with more propriety the origin of the legislation of the Colony. Previ- ous to this period, there had been but few laws made, and still fewer committed to record. There was no secretary but the gov- ernor, and the people acted rather as a voluntary association gov- erned by a majority, than as a political community guided and controlled by standing laws. In this revision most of the laws which had before been adopted, were re-enacted, and such others as became necessary to define more clearly the rights and privileges of the members of a growing community. The Committee chosen to prepare them consisted of the Governor and Assistants, and ADVERTISEMENT. ix William Brewster, Ralph Smith, John Done and John Jenny, of Plymouth ; Jonathan Brewster and Christopher WadsWorth, of Duxbury ; James Ciidworth, and Anthony Annable, of Scituate. No other revision of the laws was made till 1658. They were then scattered through voluminous records, and it became necessa- ry to collect them together, and to make such amendments as thie community demanded. The Committee for this purpose consisted of William Collyare, Timothy Hatherley, John Alden, James Cud- worth, and Josias Winslow. The volume which they prepared Wds accepted by the General Court, and the secretary was directed to send a manuscript copy of them to each of the towns in the Colo- ny. It was also ordered that the towns should furnish paper for the secretary, and that the laws should be publicly read in each town once a year. This collection of laws are not published to- gether in this volume, but are arranged under the year when they were originally enacted, with a note of their having been re-enact- ed in 1658. The title page, and the Address to the Inhabitants are preserved, and are published in the beginning of Part II., with such portions of the collection as were then for the first time enacted, or had received material alterations. The third revision of the laws was made in 1671. This was not like that of 1658 — a mere collection, but a complete digest of all the laws then in force. It was prepared by a Committee, consist- ing of the Governor, the Major, Thomas Hinckley, and John Walley, and was the first edition of the laws printed. It is published entire in Part III. In 1673, the court ordered " that nothing shall stand in force in our written book of laws, but what the printed laws re- fer unto." In 1684, "the Governor, Mr. Barnabas Laythrop, Capt. Wal- ley, Capt. Laythorp, and Capt. Thomas, were appointed to view the laws of the Colony, and to reduce them into better order." They prepared a new digest of them incorporating such as had been enacted subsequent to the last revision, and changing, in some respects their arrangement. This was printed and published in 1685. Such portions of it as are not found in the other laws, X ADVERTISEMENT. -and as are of historical interest are published in Part III. Of this there is no manuscript record preserved, and it was the last edition of the laws of the Colony which has been published. Besides the acts and orders of the General Court, the Compact and Charter of the Colony, the Charter of the Council at Plymouth, other rare and valuable papers and documents are published in the Appendix. Some of these may be considered a part of the public law of the Colony, and necessary to a right understanding of it. Others have a deep historical interest. It was therefore thought a favorable opportunity to present them together in one volume, so that they could be within the reach of all, who have a desire to learn the history and character of the Colony of New Plymouth, either from its constitution of government, its legislation, or its pub- lic policy. WILLIAM BRIGHAM. Boston, November, 1836. PART I. GREAT PATENT NEW ENGLAND CHARTER OF THE COUNCIL ESTABLISHED AT PLYMOUTH, IN THE COUNTY OF DEVON, FOR THE PLANTING, RULING, ORDERING AND GOVERNING OF NEW ENGLAND IN AMERICA. JAJIES, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. To all whom these presents shall come, greeting : — Whereas, upon the humble petition of divers of our well disposed subjects, that intended to make several plantations in the parts of America, be- tween the degrees of thirtyfour and fortyfive. We, according to our princely inclination, favoring much their worthy disposition, in hope thereby to advance the enlargement of the christian religion, to the glory of God Almighty, as also by that means to stretch out the bounds of our dominions, and to replenish those deserts with people, governed by laws and magistrates, for the more peaceable commerce of all that in time to come shall have occasion to ti-affic into those territories, granted unto Sir Thomas Gates, Sir George Summers, Recital of a for- knights, Thomas Hamon, and Raleigh Gilbert, Esquires, and others their associates, for the more speedy accomplishment thereof, by our letters patent, bearing date the 10th day of April, in the fourth year of our reign of England, France, and Ireland, and of Scotland the fortieth, free liberty to divide themselves into two several colonies : the one called the first colony, to be undertaken and advanced by certain knights, gentlemen, and merchants, in and about our city of London ; the other, called the second colony, to be undertaken and 1 mer grant. 2 THE GREAT PATENT [PART !• advanced by certain knights, gentlemen, merchants, and their associ- ates, in or about our cities of Bristol, Exon, and our town of Ply- mouth, and other places, as in and by our said letters patents, amongst other things more at large, it doth and may appear. The first colony ^.nd whereas, since that time, upon the humble petition of the said IS made a distinct t_ k body. adventurers and planters of the said first colony, we have been gra- ciously pleased to make them one distinct and entire body by them- selves, giving unto them their distinct limits and bounds: And have, upon their like humble request, granted unto them divers liberties, privileges, enlargements, and immunities, as in and by our several letters patents, it doth and may more at large appear. Now forasmuch as we have been, in like manner, humbly peti- tioned unto by our trusty and well beloved servant, Sir Ferdinando Gorges, knight, captain of our fort and island, by Plymouth, and by certain the principal knights and gentlemen adventurers of the said second colony, and by divers other persons of quality, who now in- Recitalofthe tend to be their associates, divers of which have been at great and reasons for mak- ,. , , .. , . ,. jj* inr the second extraordinary charges, and sustained many losses, in seeking and dis- bodyf '^"'^ covering a place fit and convenient to lay the foundation of a hopeful plantation, and have, divers years past, by God's assistance, and their own endeavors, taken actual possession of the continent hereaf- ter mentioned, in our name, and to our use, as sovereign lord thereof, and have settled already some of our people in places agreeable to their desires in those parts, and in confidence of prosperous success therein, by the continuance of God's divine blessing, and our royal permission, have resolved, in a more plentiful and effectual manner, to prosecute the same ; and to that purpose and intent, have desired of us, for their better encouragement and satisfaction therein, and that they may avoid all confusion, questions, or differences, between themselves and those of the said first colony, that we would likewise be graciously pleased to make certain adventurers, intending to erect and establish fishery, trade, and plantation within the territories, pre- cincts, and limits of the said second colony, and their successors, one several distinct and entire body, and to grant unto them such estate, liberties, privileges, enlargements and immunities there, as are in those, our letters patents, hereafter particularly expressed and declared. And forasmuch as we have been certainly given to understand, by divers of our good subjects, that have, for these many years past, frequented those coasts and territories between the degrees of forty and fortyeight, that there is no other the subjects of any christian king or state, by any authority from their sovereign lords or princes, PART I.] OF NEW ENGLAND. 3 actually in possession of any of the said lands or precincts, whereby any right, claim, interest, or title, may, might, or ought, by that means accrue, belong, or appertain unto them, or any of them. And also, for that we have been further given certainly to know, that within these late years, there hath, by God's visitation, reigned a wonderful plague, together with many horrible slaughters and mur- ders, committed amongst the savages and British people there hereto- fore inhabiting, in a manner to the utter destruction, devastation, and depopulation of that whole territory, so as there is not left, for many leagues together, in a manner, any that do claim or challenge any kind of interest therein, nor any other superior lord or sovereign, to make claim thereunto, whereby we, in our judgment, are persuaded and satisfied, that the appointed time is come in which Almighty God, in his great goodness and bounty towards us, and our people, hath thought fit and determined, that those large and goodly territo- ries, deserted as it were by their natural inhabitants, should be pos- sessed and enjoyed by such of our subjects and people, as heretofore have, and hereafter shall, by his mercy and favor, and by his povper- ful arm, be directed and conducted thither ; in the contemplatioa and serious consideration whereof, we have thought it fit, according to our kingly duty, so much as in uslieth, to second and follow God's sacred will, rendering reverend thanks to his Divine ^Majesty, for his gracious favor in laying open and revealing the same unto us, before any other christian prince or state ; by which means, without offence, and, as we trust, to his glory, we may with boldness go on to the settling of so hopeful a work, which tendeth to the reducing and con- version of such savages as remain wandering in desolation and dis- tress, to civil society and christian religion, to the enlargement of our own dominions, and the advancement of the fortunes of such of our good subjects as shall willingly Interest themselves in the said em- ployment, to whom we cannot but give singular commendations for their so worthy intention and enterprise. We, therefore, of our special grace, mere motion, and certain Boundaries of the knowledge, by the advice of the lords and others of our privy coun- cil, have, for us, our heirs, and successors, granted, ordained, and established, and, in and by these presents, do, for us, our heirs, and successors, grant, ordain, and establish, that all that circuit, continent, precincts, and limits, in America, lying and being in breadth from forty degrees of northerly latitude from the equinoctial line, to forty- eight degrees of the said northerly latitude, and in length by all the breadth aforesaid, throughout the main land, from sea to sea, with all the seas, rivers, islands, creeks, inlets, ports, and havens, 4 THE GREAT PATENT [PART I' within the degrees, precincts, and limits of the said latitude and lon- gitude, shall be the limits, and bounds, and precincts of the said sec- ond colony. TobecaiiedNew And to the end that the said territories may forever hereafter be lingland, in . . •' _ mi j America. more particularly and certainly known and distinguished, our will and pleasure is, that the same shall, from henceforth, be nominated, termed, and called by the name of New England, in America, and by that name of New England, in America, the said circuit, pre- cinct, limit, continent, islands, and places in America aforesaid, we do, by these presents, for us, our heirs, and successors, name, call, erect, found, and establish, and by that name to have continuance for- ever. And for the better plantation, ruling, and governing of the afore- said New England, in America, we will, ordain, constitute, assign, limit, and appoint, and for us, our heirs, and successors, we, by the advice of the lords, and others of the said privy council, do, by these presents, ordain, constitute, limit, and appoint, that from hence- forth there shall be forever hereafter, in our town of Plymouth, in the county of Devon, one body politic and corporate, which shall To consist of 40 jjfjyg perpetual succession : which shall consist of the number of forty persons. . persons, and no more ; which shall be, and shall be called and known Name of the cor- ^y the name of the council established at Plymouth, in the county of poration. •' .... Devon, for the planting, ruling, ordering, and governing of New Eng- land, in America, and for that purpose, we have, at and by the nom- ination and request of the said petitioners, granted, ordained, estab- lished, and confirmed, and, by these presents, for us, our heirs, and successors, do grant, ordain, establish, and confirm our right trusty and right well beloved cousins and counsellors, Lodowick, duke of Lenox, lord Stewart of our household ; George, lord marquis Buckingham, our high admiral of England; James, marquis Hamil- ton ; William, earl of Pembroke, lord chamberlain of our household ; Thomas, earl of Arundel ; and our right trusty and right well beloved cousin, William, earl of Bath ; and our right trusty and right well beloved cousin and counsellor, Henry, earl of Southampton ; and our right trusty and right well beloved cousins, William, earl of Salisbu- ry, and Robert, earl of Warwick; and our right trusty and right well beloved John, viscount Haddington ; and our right trusty and well beloved counsellor, Edward, Lord Zouch, lord warden of our cinque ports ; and our trusty and well beloved Edmond, lord Shef- field, Edward, lord Gorges ; and our well beloved Sir Edward Sey- mor, knight and baronet ; Sir Robert Mansel ; Sir Edward Zouch, our knight marshal ; Sir Dudley Diggs, Sir Thomas Roe, Sir Per- PART I.] OF NEW ENGLAND. 5 dinando Gorges, Sir Francis Popham, Sir John Brooks, Sir Thom- as Gates, Sir Richard Hawkins, Sir Richard Edgecomb, Sir Allen Apsley, Sir Warwick Heale, Sir Richard Catchmay, Sir John Bourgchier, Sir Nathaniel Rich, Sir Edward Giles, Sir Giles Mom- pesson, Sir Thomas Worth, knights ; and our well beloved Mat- thew Sutcliff, dean of Exeter ; Robert Heath, Esq. recorder of our city of London; Henry Bourgchier, John Drake, Raleigh Gilbert, George Chudley, Thomas Hamon, and John Argall, Esquires, to be, and in and by these presents, we do appoint them to be, the first modern and present council, established at Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New England, in America ; and that they, and the survivors of them, and Power to fill va- such as the survivors and survivor of them shall, from time to time, elect and choose to make up the aforesaid number of forty persons, when and as often as any of them, or any of their successors, shall happen to decease, or to be removed from being of the said council, shall be, in and by these presents, incorporated, to have a perpetual succession forever, in deed, fact, and name, and shall be one body corporate and politic ; and that those, and such said persons, and their successors, and such as shall be elected and chosen to succeed them, as aforesaid, shall be, and, by these presents, are and be in- corporated, named, and called by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New England, in America; and them, the said duke of Lenox, marquis Buckingham, marquis Hamilton, earl of Pembroke, earl of Arundel, earl of Bath, earl of Southampton, earl of Salisbury, earl of Warwick, viscount Haddington, lord Zouch, lord Sheffield, lord Gorges, Sir Edward Seymor, Sir Robert Mansel, Sir Edward Zouch, Sir Dudley Diggs, Sir Thomas Roe, Sir Ferdinando Gor- ges, Sir Francis Popham, Sir John Brooks, Sir Thomas Gates, Sir Richard Hawkins, Sir Richard Edgecomb, Sir Allen Apsley, Sir Warwick Heale, Sir Richard Catchmay, Sir John Bourgchier, Sir Nathaniel Rich, Sir Edward Giles, Sir Giles Mompesson, Sir Thomas Worth, knights ; Matthew SutclifF, Robert Heath, Henry Bourgchier, John Drake, Raleigh Gilbert, George Chudley, Thom- as Hamon, and John Argall, Esquires, and their successors, one body corporate and politic, in deed and in name, by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New England, in America. We do, by these presents, for us, our heirs, and successors, real- ly and fully incorporate, erect, ordain, name, constitute, and estab- hsh, and that, by the same name of the said council, they and their 6 THE GREAT PATENT [PART I. successors, forever hereafter be incorporated, named, and called, and shall, by the same name, have perpetual succession. Power to pur- And further, we do hereby, for us, our heirs, and successors, convey property, grant unto the said council established at Plymouth, that they, and their successors, by the same name, be, and shall be, and shall con- tinue persons able and capable in the law, from time to time, and shall, by that name of council aforesaid, have full power and authori- ty, and lawful capacity and ability, as well to purchase, take, hold, receive, enjoy, and to have to them and their successors, forever, any manors, lands, tenements, rents, royalties, privileges, immunities, reversions, annuities, hereditaments, goods, and chattels whatsoever, of, or from us, our heirs, and successors, and of, or from any other person or persons whatsoever, as well in and within this our realm of England, as in and within any other place or places whatsoever or wheresoever; and the same manors, lands, tenements, and heredita- ments, goods, or chattels, or any of them, by the same name, to alien and sell, or to do, execute, or ordain and perform all other matters and things whatsoever, to the said incorporation and planta- tion concerning and belonging. And further, our will and pleasure is, that the said council, for the time being, and their successors, shall have full power and lawful au- To sue and be thority, by the name aforesaid, to sue and be sued, implead and to be impleaded, answer and to be answered unto, in all manner of courts and places that now are, or hereafter shall be, within this our realm, and elsewhere, as well temporal as spiritual, in all manner of suits and matters whatsoever, and of what nature or kind soever such suits or actions be or shall be. And our will and pleasure is, that the said forty persons, or the greater number of them, shall, and may, from time to time, and at any time hereafter, at their own will and pleasure, according to the laws, ordinances, and orders of, or by them, or by the greater part of them hereafter, in manner and form in these presents mentioned To choose a pre- to be agreed upon, to elect and choose, amongst themselves, one ol the said forty persons, for the time being, to be president of the said council, which president, so elected and chosen, we will shall con- tinue and be president of the said council, for so long time as by the orders of the said council, from time to time to be made, as hereaf- ter is mentioned, shall be thought fit, and no longer; unto which president, or, in his absence, to any such person as, by the orders of the said council, shall be thereunto appointed, we do give authority to give order for the warning of the said council, and summoning the company to their meetings. PART I.] OF NEW ENGLAND. 7 And our will and pleasure is, that, from time to time, when, and so often as any of the said council shall happen to decease, or to be removed from being of the said council, that then, and so often, the survivors of them of the said council, and no other, or the greater number of them, who then shall be, from time to time, left and re- maining, and who shall, or the greater number of which that shall be assembled at a public court, or meeting, to be held for the said com- pany, shall elect and choose one or more other person or persons, to be of the said council, and which, from time to time, shall be of the said council, so that the number of forty persons of the said council . may, from time to time, be supplied. Provided always, that as well the persons herein named to be of the said council, as every other counsellor hereafter to be elected, shall be presented to the lord chancellor of England, or to the lord high treasurer of England, or to" the lord chamberlain of the house- hold, of us, our heirs and successors, for the time being, to take his Oaih to betaken. and their oath and oaths, of a counsellor and counsellors, to us, our heirs, and successors, for the said company and colony in New Eng- land. And further, we will and grant, by these presents, for us, our heirs. To have a com- and successors, unto the said council, and their successors, that they, and their successors, shall have and enjoy forever, a common seal, to be engraven according to their discretion. And that it shall be lawful for them to appoint what other seal, or May direct what . other seals shall seals, they shall think most meet and necessary, either lor their use, be used, as they are one united body, incorporate here, or for the public use of their government and ministers in New England aforesaid, whereby the said incorporation may or shall seal any manner of instrument, touching the same corporation, and the manors, lands, tenements, rents, reversions, annuities, hereditaments, goods, chattels, affairs and any other things, belonging unto, or in any wise appertaining, touching or concerning the said council, and their successors, or concerning the said corporation and plantation, in and by these our letters patents, as aforesaid, founded, erected and established. And we do further, by these presents, for us, our heirs, and sue- To admit persons •111- 1. • u 11 '° trade in New cessors, grant unto the said council, and their successors, that it shall England. and may be lawful to and for the said council, and their successors, for the time being, in their discretions, from time to time, to admit such and so many person and persons to be made free, and enabled to trade and traffic unto, within, and in New England, aforesaid, and unto every part and parcel thereof, or to have, possess, and enjoy any lands or hereditaments in New England, aforesaid, as they shall 8 THE GREAT PATENT [pART I. think fit, according to the laws, orders, constitutions, and ordinances, by the said council, and their successors, from time to time, to be made and estabHshed, by virtue of, and according to the true intent of these presents, and under such conditions, reservations and agree- ments, as the said council shall set down, order, and direct, and not otherwise. And further, of our especial grace, certain knowledge, and mere motion, for us, our heirs, and successors, we do, by these presents, give and grant full power and authority to the said council, and their successors, that the said council, for the time being, or the greater To appoint such part of them, shall and may, from time to time, nominate, make, officers or affents . i - i /» i i i of the company Constitute, ordam, and confirm, by such name or names, style or cessary- ^ °'^' Styles, as to them shall seem good, and, likewise, to revoke and dis- chai'ge, change and alter, as well all and singular, governors, officers, and ministers, which hereafter shall be by them thought fit and need- ful to be made or used, as well to attend the business of the said company here, as for the government of the said colony and planta- tion. To make orders And also, to make, ordain, and establish all manner of orders, and laws, provid- . . . - , ■ r ed they are not laws, directions, instructions, lorms, and ceremonies oi government repugnant to the , . /- i /• i ■ i laws of England, and magistracy, fat and necessary lor and concerning the government of the said colony and plantation, so always as the same be not con- trary to the laws and statutes of this our realm of England, and the same at all times hereafter, to abrogate, revoke, or change, not only within the precincts of the said colony, but also upon the seas, in going and coming to and from the said colony, as they, in their good discretion, shall think to be fittest for the good of the adventurers and inhabitants there. And we do further, of our special grace, certain knowledge, and mere motion, grant, declare, and ordain, that such principal governor as, from time to time, shall be authorized and appointed, in manner The g-ovemor to and form io these presents heretofore expressed, shall have full power exercise martial j , . . . . law in certain ca- and authority to use and exercise martial laws, in cases of rebellion, insurrection, and mutiny, in as large and ample manner, as our lieu- tenants in our counties within our realm of England, have, or ought to have, by force of their commission of heutenancy. And forasmuch as it shall be necessary for all such our loving sub- jects as shall inhabit within the said precincts of New England afore- said, to determine to live together, in the fear and true worship of Almighty God, christian peace, and civil quietness, each with the other, whereby every one may, with more safety, pleasure, and profit, enjoy that, whereunto they shall attain with great pain and peril. PART I.] OF NEW ENGLAND. 9 We, for us, our heirs and successors, are likewise pleased and contented, and, by these presents, do give and grant unto the said council, and their successors, and to such governors, officers, and ministers, as shall be, by the said council, constituted and appointed according to the natures and limits of their officers and places respec- tively, that they shall and may, from time to time, forever hereafter, Powers of gov- within the said precincts of New England, or in the way by the seas thither and from thence, have full and absolute power and authority to correct, punish, pardon, govern, and rule all such the subjects of us, our heirs and successors, as shall, from time to time, adventure themselves in any voyage thither, or that shall, at any time hereafter, inhabit in the precincts and territories of the said colony as aforesaid, according to such laws, orders, ordinances, directions and instructions, as by the said council aforesaid shall be established ; and, in defect thereof, in cases of necessity, according to the good discretions of the said governors and officers respectively, as well in cases capital and criminal as civil, both marine and others ; so always as the said statutes, ordinances and proceedings, as near as conveniently may be agreeable to the laws, statutes, government and policy of this our realm of England. And furthermore, if any person, or persons, adventurers, or plant- Penalty for ex- ers, of the said colony, or any other, at any time or times hereafter, ^c.'"^ f "foreign shall transport any monies, goods, or merchandizes, out of any p?Sce"of^car- our kingdoms, with a pretence and purpose to land, set, or otherwise fyj^g them to the to dispose the same, within the limits and bounds of the said colony, and yet, nevertheless, being at sea, or after he hath landed within any part of the said colony, shall carry the same into any other for- eign country, with a purpose there to set and dispose thereof, that then all the goods and chattels of the said person, or persons, so offending, and transported, together with the ship or vessel wherein such trans- portation was made, shall be forfeited to us, our heirs and successors. And we do further, of our special grace, certain knowledge, and mere motion, for us, our heirs, and successors, for, and in respect of the considerations aforesaid, and for divers other good causes and considerations, us thereunto especially moving, and by the advice of the lords and others of our said privy council, have absolutely given. Grant, granted, and confirmed, and, by these presents, do absolutely give, grant, and confirm, unto the said council, called the council estab- lished at Plymouth, in the county of Devon, for the planting, ruling, and governing of New England, in America, and unto their succes- sors, forever, all the aforesaid lands and grounds, continent, precincts, place, places, and territories, (viz.) the aforesaid part of America, 2 10 THE GREAT PATENT [PART I. lying and being in breadth from forty degrees of northerly latitude from the equinoctial line, to fortyeight degrees of the said northerly latitude inclusively, and in length of, and within all the breadth afore- said, throughout the main land, from sea to sea, together also with all the firm land, soils, grounds, havens, ports, rivers, waters, fishings, mines, and minerals, as well royal mines of gold and silver, as other mines and minerals, precious stones, quarries, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, and pre-eminences, both within the said tract of land, upon the main, and also within the said island and seas adjoining. Provided the Provided always, that the said islands, or any of the premises here- same are not pos- .. -iiii -ijj sessedbyanyoth- m Delore mentioned, and by these presents, mtended and meant to er christian prince , ,, ,, i-ii-ii i &c. be granted, be not actually possessed, or mhabited by any other christian prince or state, nor be within the bounds, hmits, or territo- ries of that southern colony, heretofore, by us, granted to be plant- ed by divers of our loving subjects in the south parts. To be held in free fo have and to hold, possess, and enioy all and singular the afore- and common soc- ^ ^ •' ° age as of the ma- said continent, lands, territories, islands, hereditaments, and precincts, nor of East y. i ■ • i n i n i • i- • Greenwich. sea waters, fishings, with all and all manner their commodities, royal- ties, liberties, pre-eminences, and profits, that shall arise from thence, with all singular their appurtenances, and every part and parcel there- of, and of them to, and unto the said council, and their successors, and assigns, forever, to the sole, only and proper use, benefit, and behoof of them, the said council, and their successors, and assigns, forever, to be holden of us, our heirs, and successors, as of our ma- nor of East Greenwich, in our county of Kent, in free and common socage, and not in in capite, nor by knights services. Yieidingandpay- Yielding and paying, therefore, to us, our heirs, and successors, ing one-fifth part o r j m t ■} ■> j of gold and silver the fifth part of the ores of gold and silver which, from time to time, and at all times hereafter, shall happen to be found, gotten and ob- tained in, at, or within any the said lands, limits, territories, and pre- cincts, or in, or within any part, or parcel thereof, for, or in respect of all and all manner of duties, demands, and services whatsoever, to be done, made, or paid to us, our heirs, and successors. And we do further, of our especial grace, certain knowledge, and mere motion, for us, our heirs, and successors, give and grant to the said council, and their successors, forever, by these presents, that it May carry pas- shall be lawful and free for them, and their assigns, at all and every sengers to the • j - i r r o ' J colony. time and times herealter, out of any our realms or dominions what- soever, to take, lead, carry, and transport, in and into their voyages, and for and towards the said plantation in New England, all such and so mway of our loving subjects, or any other strangers that will be- PART I.J OF NEW ENGLAND. 11 come our loving subjects, and live under our allegiance, or shall will- ingly accompany them in the said voyages and plantation, with ship- ping, armor, weapons, ordnances, munition powder, shot, victuals, and all manner of clothing, implements, furniture, beasts, cattle, horses, mares, and all other things necessary for the said plantation, and for their use and defence, and for trade with the people there, and in passing and returning to and fro, without paying or yielding any custom or subsidy, either inwards or outwards, to us, our heirs, or successors, for the same, for the space of seven years from the day of the date of these presents. Provided, that none of the said persons be such as shall be here- Except such as . , . , -11 1 • Eire restrained. alter, by special name, restrained by us, our heirs, or successors. And, for their further encouragement, of our special grace and fa- Merchandize im- , , , . 1 ■ 1 ported to the col- vor, we do, by these presents, tor us, our heirs, and successors, ony or exported yield and grant to, and with the said council, and their successors, free of duty, &c. and every of them, their factors and assigns, that they, and every of them, shall be free and quiet from all subsidies and customs, in New England, for the space of seven years, and from all taxes and impo- sitions for the space of tvventy and one years, upon all goods or mer- chandize, at any time or times hereafter, either upon importation thither, or exportation from thence, into our realm of England, or into any other our dominions, by the said council, and their succes- sors, their deputies, factors, and assigns, or any of them, except only the five pounds per cent, due for custom upon all such goods and merchandizes as shall be brought or imported into our realm of England, or any other of our dominions, according to the ancient trade of merchants ; which five pounds per centum only being paid, it shall be thenceforth lawful and free for the said adventurers, the same goods and merchandize, to export and carry out of our said do- minions into foreign parts, without any custom, tax, or other duty, to be paid to us, our heirs or successors, or to any other officers or ministers of us, our heirs and successors. Provided, that the said goods and merchandizes be shipped out within thirteen months after their first landing, within any part of those dominions. And fiirther, our will and pleasure is, and we do, by these pres- ents, charge, command, warrant, and authorize the said council, and their successors, or the major part of them, which shall be present and assembled for that purpose, shall, from time to Ume, under their common seal, distribute, convey, assign, and set over such particular portions of lands, tenements, and hereditaments, as are, by these presents, formerly granted unto each our loving subjects, naturally born, or denizens, or others, as well adventurers as planters, as, by 12 THE GREAT PATENT [PART I. Power to grant the said company, upon a commission of survey and distribution, ex- ecuted and returned for that purpose, shall be named, appointed, and allowed, wherein our will and pleasure is, that respect be had, as well to the proportion of the adventurers, as to the special service, hazard, exploit, or merit, of any person so to be recompensed, ad- vanced, or rewarded. And we do also, for us, our heirs, and successors, grant to the said council, and their successors, and to all and every such gov- ernors, or other officers, or ministers, as, by the said council, shall be appointed, to have power and authority of government and com- mand, i or over the said colony and plantation, that they, and every of them, shall, and lawfully may, from time to time, and at all times hereafter, forever, for their several defence and safety, encounter, expulse, repel, and resist, by force of arms, as well by sea as by Authority of offi- land, and all Vays and means whatsoever, all such person and persons mies, &c. as, without the special license of the said council, and their succes- sors, or the greater part of them, shall attempt to inhabit within the said several precincts and limits of the said colony and plantation. And also, all and every such person and persons whatsoever, as shall enterprise or attempt, at any time hereafter, destruction, inva- sion, detriment, or annoyance to the said colony and plantation. None allowed to And that it shall be lawful for the said council, and their successors, trade with the co- , . , - . . i n • i /■ i lony without the and every oi them, irom time to time, and at all times hereatter, and couS° ''^ tbey shall have full power and authority to take and surprise, by all ways and means whatsoever, all and every such person or persons whatsoever, with their ships, goods, and other furniture, trafficking in any harbor, creek, or place, within the limits and precincts of the said colony and plantation, and not being allowed by the said council to be adventurers or planters of the said colony. And of our further royal favor, we have granted, and for us, our heirs, and successors, we do grant unto the said council, and their successors, that the said territories, lands, rivers, and places aforesaid, or any of them, shall not be visited, frequented, or traded unto by any other of our subjects, or the subjects of us, our heirs, or successors, either from any of the ports and havens, belonging, or appertaining, or which shall belong or appertain unto us, our heirs, or successors, or to any foreign prince, state, or potentate whatsoever. All other persons And therefore, we do hereby, for us, our heirs, and successors, forbidden to trade i i -i • , ^ , &c.,withihecol- charge, command, prohibit, and forbid all the subjects of us, our °°^' heirs, and successors, of what degree or quality soever they be, that none of them, directly or indirectly presume to visit, frequent, trade, or adventure to traffic into, or from the said territories, lands, rivers. PART I.J OF NEW ENGLAND. 13 and places aforesaid, or any of them, other than the said council, and their successors, factors, deputies, and assigns, unless it be with the license and consent of the said council and company, first had and obtained in writing, under their common seal, upon pain of our in- dignation, and imprisonment of their bodies, during the pleasure of us, our heirs, or successors, and the forfeiture and loss, both of their ship and goods, wheresoever they shall be found, either within any of our kingdoms or dominions, or any the place or places out of our dominions, and for the better effecting of our said pleasure herein, we do hereby, for us, our heirs, and successors, give and grant full power and authority unto the said council, and their successors, for the time being, that they, by themselves, their factors, deputies, or assigns, shall and may, from time to time, and at all times hereafter, attach, arrest, take, and seize all and all manner of ship and ships, goods, wares, and merchandizes whatsoever, which shall be brought from, or carried to the places before mentioned, or any of them, contrary to our will and pleasure, before in these presents expressed, the moiety, or one half of all which forfeitures, we do hereby, for us, our heirs, and successors, give and grant unto the said council, and their successors, to their own proper use, without accompt, and the other moiety, or half part thereof, we will shall be and remain to the use of us, our heirs, and successors. And we Hkewise have condescended and granted, and, by these No license to be presents, for us, our heirs, and successors, do condescend, and grant other person to to, and with the said council, and their successors, that we, our heirs, ' or successors, shall not, or will not, give and grant any liberty, li- cense, or authority to any person or persons whatsoever, to sail, trade, or traffic unto the aforesaid plantations of New England, with- out the good will and liking of the said council, or the greater part of them, for the time being, at any their courts to be assembled. And we do, for us, our heirs, and successors, give and grant unto the said council, and their successors, that whensoever, or so often as any custom or subsidy shall grow due or payable, unto us, our heirs, or successors, according to the limitation and appointment aforesaid, by reason of any goods, wares, or merchandize, to be shipped out, or any return to be made, of any goods, wares, or mer- chandize, unto, or from New England, or any the lands or territories aforesaid, that then, so often, and in such case, the farmers, custom- Time allowed for ers, and officers of our customs of England and Ireland, and every any subsidy" of them, for the time being, upon request made unto them by the said council, their successors, factors, or assigns, and upon conveni- ent security to be given in that behalf, shall give and allow unto the 14 THE GREAT PATENT [PART I- said council, and their successors, and to all person and persons free of the said company as aforesaid, six months time, for the payment of the one half of all such customs and subsidy, as shall be due and payable unto us, our heirs, and successors, for the same ; for which these, our letters patents, or the duplicate, or the enrolment thereof, shall be, unto our said officers, a sufficient warrant and discharge. Nevertheless, our will and pleasure is, that, if any of the said goods, wares, and merchandizes, wliich be, or shall be, at any time hereafter, landed and exported out of any our realms aforesaid, and shall be shipped with a purpose not to be carried to New England afore- said, that then such payment, duty, custom, imposition, or forfeiture, shall be paid and belong to us, our heirs, and successors, for the said goods, wares, and merchandizes, so fraudulently sought to be trans- ported, as if this our grant had not been made nor granted. Power to admin- And we do, for US, our heirs, and successors, give and grant unto the said council, and their successors, forever, by these presents, that the said president of the said company, or his deputy, for the time being, or any two others of the said council, for the said colony in New England, for the time being, shall and may, at all times here- after, and from time to time, have full power and authority to minis- ter, and give the oath and oaths of allegiance and supremacy, or either of them, to all and every person and persons, which shall, at any time and times hereafter, go and pass to the said colony of New England. And further, that it shall be, likewise, lawful for the said president, or his deputy, for the time being, or any two others of the said coun- cil, for the said colony in New England, for the time being, from May administer time to time, and at all times hereafter, to minister such a formal &c. - ' oath, as by their discretions shall be reasonably devised, as well unto any person or persons employed, or to be employed in, for, or touching the said plantation, for their honest, faithful, and just dis- charge of their service, in all such matters as shall be committed unto them, for the good and benefit of the said company, colony, and plantation, as also unto such other person or persons as the said president, or his deputy, with two others of the said council, shall think meet, for the examination or clearing of the truth, in any cause whatsoever concerning the said plantation, or any business from thence, proceeding, or thereunto belonging. And to the end that no lewd or ill disposed persons, sailors, sol- diers, artificers, husbandmen, laborers, or others which shall receive wares, apparel, or other entertainment from the said council, or con- tract and agree with the said council, to go, and to serve, and to be employed in the said plantation, in the colony in New England, do PART I.] OF NEW ENGLAND. 15 afterwards withdraw, hide, and conceal themselves, or refuse to go thither, after they have been so entertained and agreed withal, and that no persons which shall be sent and employed in the said planta- tion of the said colony in New England, upon the charge of the said council, do misbehave themselves by mutinous, seditious, or other notorious misdemeanors, or which shall be employed, or sent abroad by the governor of New England, or his deputy, with any ship or pinnace, for provision of the said colony, or for some discovery, or other business and affairs concerning the same, do, from thence, treacherously either come back again, or return into the realm of England, by stealth, or without license of the governor of the said colony in New England, for the time being, or be sent hither as mis- doers or offenders, and that none of those persons, after their return from thence, being questioned by the said council here for such their misbehaviors and offences, do, by insolent and contemptuous car- riage, in the presence of the said council, shew little respect and reverence, either to the place or authority in which we have placed and appointed them, and others, for the clearing of their lewdness and misdemanors, committed in New England, divulge vile and slan- derous reports of the country of New England, or of the government or estate of the said plantation and colony, to bring the said voyages and plantation into disgrace and contempt, by means whereof, not only the adventurers and planters already engaged in the said planta- tion, may be exceedingly abused, and hindered, and a great number of our loving and well disposed subjects, otherwise well affected, and inclined to join and adventure in so noble a christian and worthy an action, may be discouraged from the same, but also the entcrprize it- self, may be overthrown, which cannot miscarry, without some dis- honor to us and our kingdom. We, therefore, for preventing of so great and enormous abuses and misdemeanors, do, by these presents, for us, our heirs, and suc- cessors, give and grant unto the said president, or his deputy, or such other person, or persons, as, by the orders of the said council, shall be appointed, by warrant, under his or their hand or hands, to send for, or cause to be apprehended, all and every such person and per- sons, who shall be noted, or accused, or found, at any time or times hereafter, to offend, or misbehave themselves, in any the affairs be- fore mentioned and expressed ; and, upon the examination of any Council author- such offender or offenders, and just proof, made by oath, taken be- kaSeis, &c. fore the said council, of any such notorious misdemeanors, by them to be committed, as aforesaid, and also, upon any insolent, contemp- tuous, or unreverent carriage, or misbehavior, to or against the said 16 THE GREAT PATENT [PART I. council, to be shewed or used, by any such person or persons, so called, convinced, and appearing before them, as aforesaid, that, in all such cases, our said council, or any two, or more of them, for the time being, shall, and may have full power and authority, either here to bind them over with good securities for their good behavior, and further therein to proceed, to all intents and purposes, as it is used in other like cases within our realm of England, or else, at their discretions, to remand and send back the said offenders, or any of them, to the said colony of New England, there to be proceeded against and punished, as the governors, deputy, or council there, for the time being, shall think meet, or otherwise, according to such laws and ordinances, as are, and shall be in use there, for the well order- ing and good government of the said colony. And our will and pleasure is, and we do hereby declare, to all christian kings, princes, and states, that, if any person or persons, which shall hereafter be of the said colony or plantation, or any other, by license or appointment of the said council, or their successors, or otherwise, shall, at any time or times hereafter, rob, or spoil, by sea or by land, or do any hurt, violence, or unlawful hostility, to any of the subjects of us, our heirs, or successors, or any of the subjects of any king, prince, ruler, or governor, or state, being then in league and amity with us, our heirs, and successors ; and that, upon such injury, or upon just complaint of such prince, ruler, governor, or state, or their subjects, we, our heirs, or successors, shall make open Foroffencescom- proclamation, within any of the parts of our realm of Eneland com- mitted by the col- ,. ^ , , , , • onists or (other modious lor that purpose, that the person or persons having commit- FhorUyofthe ted any such robbery or spoil, shall, within the time Hmited by such tion°to'be made ^ proclamation, make full restitution or satisfaction of all such injuries °'~ done, so as the said princes, or others so complaining, may hold themselves fully satisfied and contented ; and if that the said person or persons, having committed such robbery or spoil, shall not make, or cause to be made, satisfaction accordingly, within such time so to be limited, that then it shall be lawful for us, our heirs, and succes- sors, to put the said person or persons out of our allegiance and pro- tection, and that it shall be lawful and free for all princes to prosecute with hostility the said offenders, and every of them, their and every of their procurers, aiders, abettors, and comforters in that behalf. All persons bora Also, WO do, for US, Our heirs, and successors, declare, by these wUhm the colony i n i i i ■ to be free deni- presents, that all and every the persons being our subjects, which of En^and. ^^""^^ shall go and inhabit within the said colony and plantation, and every of their children and posterity, which shall happen to be born witliin the limits thereof, shall have and enjoy all liberties, and franchises, PART I.] OF NEW ENGLAND. 17 and immunities of free denizens and natural subjects, with any of our other dominions, to all intents and purposes, as if they had been abiding, and born within this our kingdom of England, or any other our dominions. And lastly, because the principal effect which we can desire, or expect of this action, is the conversion of, and reduction of the peo- ple in those parts, unto the true worship of God and christian reli- gion, in which respect we would be loath that any person should be permitted to pass, that we suspected to aiFect the superstition of the church of Rome, we do hereby declare, that it is our will and pleas- None ■pennitted ' •' 'to visit the colony ure, that none be permitted to pass in any voyage, from time to without having time to be made into the said country, but such as shall first have oath of suprema- taken the oath of supremacy ; for which purpose, we do, by these presents, give full power and authority to the president of the said council, to tender and exhibit the said oath to all such persons as shall, at any time, be sent and employed in the said voyage. And we also, for us, our heirs, and successors, do covenant and grant to, and with the council, and their successors, by these pres- ents, that if the council, for the time being, and their successors, or any of them, shall, at any time or times hereafter, upon any doubt which they shall conceive, concerning the strength or validity in law, of this our present grant, or be desirous to have the same renewed and confirmed by us, our heirs, and successors, with amendments of such imperfections and defects, as shall appear fit and necessary to the said council, or their successors, to be reformed and amended, on the be- half of us, our heirs, and successors, and for the furthering of the plantation and government, or the increase, continuing, and flourishing thereof, that then, upon the humble petition of the said council, for the time being, and their successors, to us, our heirs, and successors, we, Farther assur- our heirs, and successors, shall and will, forthwith, make and pass, ' under the great seal of England, to the said council, and their suc- cessors, such further and better assurance of all and singular the lands, grounds, royalties, privileges and premises aforesaid, granted, or in- tended to be granted, according to our true intent and meaning, in these our letters patents, signified, declared, or mentioned, as by the learned council of us, our heirs, and successors, and of the said company, and their successors, shall, in that behalf, be reasonably devised or advised. And further, our will and pleasure is, that, in all questions and The charter to doubts, that shall arise upon any difficulty of construction or interpre- tiorbeneficiaUo tation of anything contained in these our letters patents, the same ^^ <=<>»"'=''■ 18 THE GREAT PATENT OF NEW ENGLAND. [PART 1. shall be taken and interpreted, in most ample and beneficial manner, for the said council, and their successors, and every member thereof. Officers to lake And we do further, for us, our heirs, and successors, charge and command all and singular admirals, vice admirals, generals, comman- ders, captains, justices of peace, mayors, sheriffs, bailiffs, constables, customers, comptrollers, waiters, searchers, and all the officers of us, our heirs, and successors whatsoever, to be, from time to time, and at all times hereafter, in all things aiding, helping, and assisting unto the said council, and their successors, and unto every of them, upon re- quest and requests, by them to be made, in all matters and things, for the furtherance and accomplishment of all or any the matters and things by us, in and by these our letters patents, given, granted, and provided, or by us meant or intended to be given, granted, and pro- vided, as they, our said officer, and the officers of us, our heirs, and successors, do tender our pleasure, and will avoid the contrary, at their perils. Former giants And also, we do, by these presents, ratify and confirm unto the said council, and their successors, all privileges, franchises, liberties, and immunities, granted in our said former letters patents, and not in these our letters patents, revoked, altered, changed, or abridged, al- though e>:prsssed, mentioned, &c. — In witness, &c., witness ourself at Westminster, the third day of November, in the eighteenth year of our reign over England, &c. Par Breve de Private Sigillo^ ^c. This is a true copy from the original record remaining in the chapel of the rolls having been examined. HEN. ROOKE, Clerk of the Rolls. COMPACT MADE ON BOARD THE MAY FLOWER, In the name of God, amen. We whose names ace under written, the loyal subjects of our dread sovereign Lord, King James, by the grace of God, of Great Britain, France and Ireland, King, Defend- er of the Faith, &c. Having undertaken for the glory of God, and advancement of the christian faith, and the honour of our King and country, a voyage to plant the first colony in the northern parts of Virginia ; do by these presents solemnly and mutually, in the pres- ence of God and one another, covenant and combine ourselves to- gether into a civil body politick, for our better ordering and preser- vation, and furtherance of the ends aforesaid : And by virtue hereof, do enact, constitute and frame such just and equal laws, ordinances, acts, constitutions and officers, from time to time, as shall be thought most meet and covenient for the general good of the colony ; into which we promise all due submission and obedience. In witness whereof, we have hereunto subscribed our names, at Cape Cod, the eleventh of November, in the reign of our sovereign Lord, King James, of England, France and Ireland, the eighteenth, and of Scot- land the fifty-fourth, Anno. Dom. 1620. John Carver, John Howland, William Bradford, Stephen Hopkins, Edward Winslow, Edward Tilly, William Brewster, John Tilly, Isaac AUerton, Frances Cooke, Miles Standish, Thomas Rogers, John Alden, Thomas Tinker, Samuel Fuller, John Ridgdale, Christopher Martin, Edward Fuller, William MuUins, John Turner, William White, Francis Eaton, Richard Warren, James Chilton, 20 COMPACT OF THE PILGRIMS. [part I. John Craxton, John Billington, loses Fletcher, John Goodman, Digery Priest, Thomas Williams, Gilbert Winslow, Edmund Margeson, Peter Brown, Richard Bilteridge, George Soule, Richard Clark, Richard Gardiner, John AUerton, Thomas English, Edward Doten, Edward Leister. THE CHARTER COLONY OF NEW PLYMOUTH, GRANTED TO WILLTAM BRADFORD AND HIS ASSOCIATES. To all to whom these presents shall come greetinge: — Whereas our late sovereigne lord King James for the advancemente of a col- lonie and plantacon in the cuntry called or knowne by the name of New-Englande in America, by his highnes letters pattents under the greate seale of Englande bearinge date att Westminster the third day of November in the eighteenth yeare of his highnes raigne of England &c. did give graunte and confirme unto the right honoble Recital that King Lodowicke late lord duke of Lenox, George late lord marques of to^Xe council at Buckingham, James marques Hamilton, Thomas earle of Arundell, von!"""* '° °^' Robert earle of Warwicke and Ferdinando Gorges, knight, and divers others whose names are expressed in the said letters pattents and their successors that they should bee one bodie pollitique and cor- porate perpetually consistinge of forty persons, and that they should To consist of 40 have perpetuall succession and one common seale to serve for the said body and that they and their successors should be incorporated called and knowne by the name of the Councell established at Ply- mouth in the county of Devon for the plantinge ruleinge orderinge and governinge of New Englande in America, and alsoe of his spe- tiall grace certaine knowledge and meere motion did give graunte and confirme unto the said presidente and councell and their succes- sors forever under the reservations limitations and declaracons in the said letters pattents expressed, all that part and portion of the said cuntry now called New-England in America scituate, lyinge and beinge in breadth from fFourty degrees of northerly latitude from the All that part of aquinoctiall line to fFourty eight degrees of the said northerly latitude to 48 degrees inclusively, and in length of and in all the breadth aforesaide through- """■ '^""'<^<'- out the maine lande from sea to sea, together alsoe with all the firme landes soyles grounds creeks inletts havens portes seas rivers 22 COLONY CHARTER. [PART T. islands waters fishinges mynes and mineralls as well royall mines of gold and silver as other mines and mineralls pretious stones quar- ries and all and singuler the commodities jurisdiccons royalties priv- ileges ffranchises and preheminencies both within the said tracte of lands upon the maine, as alsoe within the said islands and seas adioyn- inge: To have hold possesse and enioy all and singuler the foresaid To hold in fee. continente landes territories islands hereditaments and p^cints sea waters fishinges with all and all manner their commodities royalties privileges preheraiaences and proffitts that shall arise from thence, with all and singuler their appurtenaces and every parte and parcel! thereof unto the said councell and their successors and assignes for- ever: To be holden of his Ma''^, his heirs and sucessors as of his manno'' of East Greenwiche in the county of Kent in free and com- mon soccage and not in capite nor by knights service yeeldinge and pniyinge therefore to the said late King's Ma'"", his heires and succes- Payinff the fifth sors the fifle parte of the oare of gold and silver which from tyme to part of the ore of '^ . gold and silver, tyme and att all tymes from the date of the said letters patients shaibe there gotten had and obtained for and in respect of all and all manner of duties demands and services whatsoever to be done made and paid unto his said late Ma'''=, his heirs and successors as in and by the said letters patients amongst sundry other privileges and matters therein contained more fully and at large it doth and may ap- peare. Now knowe yee that the said councell by virtue and author- ity of his said late Ma'^ letters patients and for and in consideracon Grant to William thai William Bradford and his associalls have for these nine veares Bradford and as- . . ^ •' sociates. lived in New Englande aforesaid and have there inhabited and plant- ed a towne called by the name of New Plimouth att their own proper costs and charges: And now seeinge that by the speciall providence of god, and their extraordinary care and industry they have increased their plantacon to neere three hundred people, and are uppon all oc- casions able to relieve any new planters or others his Ma'^ subjects whoe may fall uppon that coaste ; have given graunled bargained sould enfeoffed allotted assigned and sett over and by these pres- ents doe cleerely and absolutely give graunt bargaine sell alien enfeoffe allolt assigne and confirme unto the said William Bradford, his heires, associatts and assignes all that part of New-Englande in America aforesaid and trade and trades of lande that lye within or Boundaries of the betweene a certaine rivolel or rundlett there commonly called Coa- land granted, i t /^ hassett alias Conahassett towards the north, and the river commonly called Naragansels river towards the south ; and the great westerne ocean towards the east, and betweene and within a straight line di- rectly extendinge upp into the maine land towards the west from the PART I.j COLONY CHARTER. 23 mouth of the said river called Naragansetts river to the utmost liniitts and bounds of a cuntry or place in New Englande called Pokenacutt alias Sowamsett westward, and another like straight line extendinge itself directly from the mouth of the said river called Coahassett alias Conahassett towards the west so farr up into the maine lande westwardes as the utmost limitts of the said place or cuntry com- monly called Pokencutt alias Sowamsett doe extend, togeather with one half of the said river called Naragansetts and the said rivolett or rundlett called Coahassett alias Conahassett and all lands rivers wa- ters havens creeks ports fishings fowlings and all hereditiments proffitts comodities and emoluments whatsoever situate lyinge and beinge or ariseinge within or betweene the said limitts and bounds or any of them. And for as much as they have noe conveniente place either of tradinge or ffishinge within their own precints whereby (af- ter soe longe travell and great paines,) so hopeful) a plantacon may subsiste, as alsoe that they may bee incouraged the better to proceed in soe pious a worke which may especially tend to the propagation of religion and the great increase of trade to his Ma'^ realmes, and advancemente of the publique plantacon, the said councell have further given graunted bargained sold enfeoffed allotted assigned and sett over and by these presentes doe cleerely and absolutely give graunte bargaine sell alien enfeoffe allott assigue and con- firme unto the said William Bradford his heires associats and as- signes all that tracte of lande or parte of New England in America Tract of land on aforesaid w'''' lyeth within or betweene and extendeth itself from the utmost limitts of Cobbiseconte alias Comasee-Conte which adjoineth to the river of Kenebeke alias Kenebekike towards the westerne ocean and a place called the falls att Mequamkike in America afore- said, and the space of fifteene Englishe miles on each side of the said river commonly called Kenebek river, and all the said river called Kenebek that lies within the said limitts and bounds eastward westward northward or southward laste above mentioned, and all lands grounds soyles rivers waters fishings hereditam'*' and prof- jurisdiciioD, &c. fitts whatsoever situate lyinge and beinge arisinge happeninge or accrueinge, or which shall arise happen or accrue in or within the said limitts and boundes or either of thera'together with free ingresse egresse and regresse with shipps boates shallopps and other ves- sells from the sea commonly called the westerne ocean to the said river called Kennebek and from the said river to the said westerne ocean, togeather with all prerogatives rights royalties jurisdiccons, priviledges ffranchises liberties and ymunities, and alsoe marine lib- erty with the escheats and casualties thereof the Admiralty Jurisdic- 24 COLONY CHARTER. [PART I. Admiralty ex- coti excepted with all the interest right title claime and demande '^'P'-^^- whatsoever which the said councell and their successors now have • or ought to have and claime or may have and acquire hereafter in or to any the said porcons or tractes of land hereby menconed to be graunted, or any the premisses in as free large ample and beneficiall manner to all intents, construccons and purposes whatsoever as the said councell by vertue of his Ma's said letters pattents may or can To hold in fee. graunte ; to have and to holde the said tracte and tractes of lande and all and singular the premisses above menconed to be graunted with their and every of their appurtenances to the said William Bradford his heires associatts and assignes forever, to the only proper and ab- solute use and behoofe of the said William Bradford his heires as- Paying, &c. sociats and assignes forever ; Yeeldinge and payinge unto our said soveraigne Lord the Kinge, his heires and successors forever one- fifte parte of the oare of the mines of gold and silver and one other fifte parte thereof to the presidente and councell, which shall be had possessed and obtained within the precints aforesaid for all services and demands whatsoever. And the said councell doe further graunt and agree to and with the said William Bradford his heires associa- atts and assignes and every of them, his and their ffactors agents tenants and servants and all such as hee or they shall send and em- ploy aboute his said particular plantacon, shall and may from tyme to tyme ffreSy and lawfully goe and returne trade and traffique as well with the Englishe as any of the natives within the precincts aforesaid, with Liberty of fishing, liberty of fishinge uppon any parte of the sea coaste and sea shoares trading, &c. . , ■ i . j- j . • • i. u-. J 01 any the seas or islands adjacente and not bemge inhabited or otherwise disposed of by order of the said presidente and councell : To import, and alsoe to importe exporte and transporte their goods and merchandize dize, paying, &c. att their wiUs and pleasures paying only such duty to the kings Ma''<=, his heires and successors as the said Presidente and councell doe or ought to pay without any other taxes impositions burdens and re- straints uppon them to be imposed. And further the said councell doe graunt and agree to and with the said William Bradford his heires Persons transpor- associatts and assignes, that the persons transported by him or any ted not to be tak- . , , ,, , , , . , , en from the etn- 01 tnem Shall not DC taken away, ymployed or commanded either by '^mdfor'd and^as- t^e Governo' for the tyme beinge of New Englande or by any other sociates, except, authority there, from the buisines and employmente of the said Wil- liam Bradford and his associats his heires and assignes ; necessary defence of the cuntry preservacon of the peace suppressinge of tu- muhs within the lands, trialls in matters of justice by appeale uppon spetiall occasion only excepted. Alsoe it shall be lawfull and free for the said William Bradford his associats his heires and assignes att all PART I.] COLONY CHARTER. 25 tymes hereafter to incorporate by some usuall or fitt name and title, him or themselves or the people there inhabitinge under him or them with liberty to them and their successors from tyme to tyme to frame, and make orders ordinances and constitucons as well for the To make laws better governmente of their affairs here and the receavinge or ad- ' mittinge any to his or their society, as alsoe for the better governm* of his or their people and affaires in New Englande or of his and their people att sea in goeinge thither, or returninge from thence, and the same to putt in execucon or cause to be putt in execucon by such officers and ministers as he and they shall authorise and de- pute : Provided that the said lawes and orders be not repugnante to Not repugnant to the lawes of Englande, or the frame of governmente by the said pres- {and. '^ °^ ^"^ idente and councell hereafter to be established. And further it shall be lawfuU and free for the said William Bradford, his heires, associa- ats and assignes to transporte cattle of all kinds, alsoe powder shot May transport ordnance and municon from tyme to tyme as shal be necessary for &c. ^' ^°^ ^'^' their strength and safety hereafter for their severall defence ; to en- counter expulse repell and resiste by force of armes as well by sea as by lande, by all waies and meanes whatsoever. And by vertue of the authority to us derived by his said late Ma'^ letters patients to take apprehend seize and make prize of all such persons their shipps To seize all per- and goods as shall attempt to inhabite or trade with the savage people andgoods%V^ of that cuntry within the severall precincts and limitts of his and their ua^de wUhThe' In- severall plantacon, or shall enterprise or attempt att any tyme de- ^™^- ^''• struccon invasion detriment or annoyance to his and their said plantacon ; the one moiety of which goods soe siezed and taken it Onemoietythere- shalbe lawfuU for the said William Bradford his heires associats and and the^oS^mo- assignes to take to their own use and behoofe ; the other moyety Bradford and'a" thereof to be delivered by the said William Bradford his heires as- ^°<='a*«s. sociats and assignes to such officer and officers as shalbe appointed to receave the same for his Ma"* use. - And the said councell doe hereby covenante and declare that it is their intente and meaninge for the good of this plantacon that the said William Bra(^ford his asso- ciats his or their heires or assignes shall have and enjoy whatsoever To enjoy all the privilege or privileges of what kinde soever, as are expressed or in- were granted to tended to be graunted in and by his said late Ma'| letters pattents, piymomh, &c. and that in as large and ample manner as the said councell there- by now may or hereafter can graunte, coynnige of money ex- cepted. And the said councell for them and their successors doe covenante and graunte to and with the said William Bradford, his heires associates and assignes by these presents, that they the said councell shall at any time hereafter uppon request att the only 4 26 COLONY CHARTER. [PART I. To make further proper costs and charges of the said William Bradford, his heires veyance. associats and assignes doe make suffer execute and willingly con- sent unto any further acte or actes, conveyance or conveyances, as- surance or assurances whatsoever, for the cood and perfect investinge assureinge and conveyinge and sure makings of all the aforesaid tracte and tractes of landes royalties mines mineralls woods fishinges and all and singuler their appurtenances, unto the said William Brad- ford his heires associats and assignes as by him or them or his or their heires and assignes, or his or their councell learned in the lawe shalbe devised, advised and required. And lastly know yee that wee the said counsell have made constituted deputed authorized and ap- pointed Captaine Miles Standish, or in his absence Edward Wins- lowe, John Howlande and John Alden, or any of them to be our Captain Miles true and lawful attorney and attornies jointly and severally in our to enter upon the name and steed to enter into the said tracte and tractes of Ian Je and s^n,' and ^r'be- other the premisses with their appurtennances, or into some parte uTdeliver'sei^en' thereof in the name of the whole for us and in our names to take pos- session and seisin thereof, and after such possession and seisin there- of or of some parte thereof in the name of the whole had and taken ; then for us and in our names to dehver the full and peacable pos- session and seisin of all and singuler the said menconed tobe graunt- ed premisses unto the said William Bradford his heires associatts and assignes or to his or their certaine atturney or atturnies in that behalf ratifyinge alloweinge and confirminge all whatsoever our said atturney doe in or about the premisses. In witness whereof, the said councell established att Plimouth in the county of Devon for the plantinge ruleinge orderinge and governinge of New England in America have hereunto putt their scale the thirteenth day of January in fifte yeare of the raigne of our Soveraigne Lord Charles by the grace of God, Kinge of Englande [Scotland Fraunce and Ireland defender of the ffaithe &c. Anno Dom' 1629. R. WARWICKE. (Seal.) PART I.] COLONY CHARTER. 27 The within named John Alden authorized as attorney for the within mensioned counsill haveing in theire name and stead entered into some parte of the within mensioned tracts of land, and other the premisses in the name of the whole ; and for them and in theire names taken possession and seizin thereof, did in the name of the said counsill deliver the full and peacable possession and seizin of all and singular the within mensioned to be graunted prepisses unto William Bradford for him his heires associates and assignes: Secun- dem formam cartje. In presence of JAMES CUD WORTH, WILLIAM CLARKE, NATHANIEL MORTON, Secretary. LAWS COLONY OF NEW PLYMOUTH. 1623. Orders agreed on at severall times for the generall good of the col- ony and the better government and preservation of the same. Trial by jur^;. It was Ordained 17 day of December An" 1623 by the court 1636 and 1658. then held that all criminall facts, and also all matters of trespasses and debts betweene man and man should be tried by the verdict of twelve honest men to be impanelled by authority in forme of a jury upon their oath. Exportation of It was decreed by the court held the 29* of March An° 1626, Re-e"acted in^ ' That for the preventing of such inconveniences as do and may befall ^" ■ the plantation by the want of timber, That no man of what condition soever sell or transport any maner of workes as frames for houses plankes boards shipping shallops boats cannoes or whatsoever may tend to the destruction of timber afores'^ how little soever the quantity be without the consent approbation and liking of the Gov- ernour and councile. And if any be found faulty herein and shall imbarque or any way convey to that end to make sale of any the goods aforesaid expressed or intended by this decree the same to be forfeited and a fine of twise the vallue for all so sold to be duly taken by the Governour for the use and benefit of the company. Handicraftsmen It was further decreed the day and year above written for the pre- forbiddentowork . « for strangers. venting of such abuses as do and may arise amongst us that no handy- craftsman of what profession soever as taylors shoemakers carpen- ters joyners smiths sawyers or whatsoever v/'^^ do or may reside or belong to this plantation of Plimouth shall use their science or trades at home or abroade for any strangers or foreigners till such time as the nescessity of the colony be served. Without the consent of the Governor and councill, the breach thereof to be punished at their discretion. PART I.] LAWS OF THE COLONY OF NKW PLYMOUTH. 29 It was ordained the s^ 29 of March 1626 : for the preventing scar- No com, beans, sity as alsoe for the furthering of our trade that no corne beans or porfeT '°''^*''" pease be transported, imbarqued or sold to that end to be conveyed out of the colony without the leave and licence of the governour and counsell. The breach whereof to be punished with los of the goods so taken or proved to be sold : and the seller further fined or punish- ed or both at the discression of the Gov"" and Councill. It was agreed upon by the whole court held the sixth of January Dwelling houses 1627 that from hence forward no dwelling house was to be covered I^i,hVo°ari'or with any kind of thatche as straw reed &c. but with either board or P^'®- pale and the like to wit of all that were to be new built in the towne. Plimouth : The S^ of January 1627. It was agreed in a full court about division of lands as followeth. Imp' That the first division of the acres should stand and continue Division of lands, firme according to the former division made unto the possessors thereof and to their heires forever : Free liberty being reserved for all to get fire wood thereon but the timber trees were excepted for the owners of the ground. 2ly. That the 2 division should consist of 20 acres to every per- son and to containe five in breadth & four in length and so accord- ingly to be divided by lott to every one which was to have share therem. Sly. The ground to be judged sufficient before the lots were drawne and the rest to be left to comon use. 4ly. This being done, that for our better subsistance and conveni- ence those grounds which are nearest the town in whose lott soever they fall shall be used by the whole for the space of 4 years from the date hereof: viz*, first that the right owner make choice of twice that quantity he shall or may use within the said terme and then to take to him such neighbours as shall have need and he think fit: but they cannot agree then the Govern'^ and Councill may appoint as they think meet: provided that the woods be ordered for felling and lop- ping according as the owner shall appoint: for neither fire wood nor other timber either for building or fencing or any other use is to be felled or caryed off of any of these without the owners leave & licence, but he is to preserve them to his best advantage. 5ly. That whatsoever the surveighers judge sufficient shall stand without contradiction or opposition and every man shall rest content- ed with his lott. 61y. That after the purchasers are served as afores'^, that then such planters as are heirs to such as dyed before the right of the land 30 LAWS OF THE [part I. was yielded to the adventurers have also 20 acres a person pportion- able to their right layed out in part of their inheritance. 7ly. That first they shall begin where the acres of the first divi- sion end and lay out that to the Eela river so far as shall be thought fitt by the surveighers, and returne to the north side of the town & so pceed accordingly, and that they leave all great timber swamps for common use. 8]y. That fowling fishing and hunting be free. 91y. That the old path ways be still allowed and that every man be allowed a conveanient way to the water wheresoever the lot fall. Lastly that every man of the surveighers have a peck of come for every share of land layed out by them to be paid by the owner there- of when the same is layed out. Note. William Bradford, Edward Winslow, John Howland, Francis Cooke, Joshua Pratt and Edward Bangs were the persons who allotted the land. 1632. January, 1632. Penalty for re- fusing to serve as governor. Penalty for de- -clining the office of assistant, except, &c. Re-enacted in 1636. and repealed June 25, 1646. It was enacted by public consent of the freemen of this society of New Plymouth, that if now or hereafter any were elected to the of- fice of governor and would not stand to the election, nor hold and execute the ofiice for his year that then he be amerced in twenty pounds sterling fine ; and in case refused to be paid upon the lawful demand of the ensuing governor then to be levied out of the goods, or chatdes of the said person so refusing. It was further ordered and decreed that if any were elected to the office of councell and refused to hold the place, that then he be amerced in ten pounds sterling fine, and in case refused to be paid to be forthwith levied. It was further decreed and enacted that in case one and the same person should be elected goV a second year having held the place the foregoing year it should be lawful for him to refuse without any amercment. And the company to proceed to a new election except they can prevaill with him by entreaty. Whereas in the beginning and first planting of this colony, it was ordered that all should plant their corn &c. as neere as might be to the town of Plymouth aforesaid, and for that end an acre of land was allowed and allotted to each person for their prnt use, and so to them and their heires forever ; — and whereas the said acres lay open w^out PART I.] COLONY OF NEW PLYMOUTH. 31 Inclosure, divers laws and orders have been made to prevent such The land former- damage as might befall the whole by Idne swine goats &c., that so by jferson'lo 'blTn- hearding or other courses men's labours might be preserved and ''^°^^^' such damage or losse as fell upon any to be made good by the own- ers of the same cattle trespassing. But since the said acres are for the most part worne out, and cattle by God's blessing abundantly in- creasing and necessity constrayning to inclose elsewhere, it was thought meet at a court held the 2^ of Jan. 1632, that the former priviledges of the said acres should be laid downe and that as else- where no man set come upon them w'hout inclosure but at his perill. And whereas our ancient worke of fortification by continuance of time is decayed and christian wisdome teacheth us to depend upon God in the use of all good meanes for our safety, it is further agreed by the court aforesaid that a worke of fortification be made about the A fortification to said fort in March or April next ensuing by the whole strength of ^ "^ *' men able to labour in the colony ; and that the goV and councell Every person in measure the worke and appoint the whole their joint and severall pts iabor°to''^din'the of labour. And that in case any shall faile their appointed time by ^"''' themselves or assigns for themselves or serv'^, they forfeit ten shil- lings a day for each default, and to pay for his or their pt of labour as the overseers of the worke shall agree notwi*standing. In regard of our dispersion so far asunder and the inconvenience that may befall, it is further ordered that every freeman or other in- Every person to habitant of this colony provide for himselfe and each under him able arms and ammu- to beare armes a sufficient musket and other serviceable peece for to'bearthem.^ ^ war with bandeleroes and other apurtenances with what speede may be: and that for each able person aforesaid, he be at all times after the last of May next ensuing furnished with two pounds of powder and ten pounds of bullets, and for each default in himselfe or serv' to forfeit ten shillings. 1633. Altered in 1636. These things following were determined and enacted July 1 , 1 633. That the person in whose house any were found, or suffered to The person in ^ •' ^ whose house any drinke drunck be left to the arbitrary fine and punishment of the oneisfounddrunk _ . c 1 ^° ^^ fined, &c. Gov' and Councell according to the nature and circumstances oi the Re-enacted in 1636 and 1658. same. That no sheep be sold out of the colony under penalty of forfeit- No sheep to be ^ 1 '^ ' exported. ing their due value. 32 LAWS OF THE [PART I. Oct. It was by full consent agreed upon and enacted that the chiefe eminent and the government be tyed to the towne of Plymouth, and that the Gov Governor to be a^ for the time being be tyed there to keepe his residence and dvvell- piymouth. j^^^ ^^j jj^^^.^ ^j^^ ^^ j^^jj ^^^j^ ^.q^j.^^ gs concerne the whole. The original ai- It was further enacted, That whereas formerly a small raoyety of surrendered. land was allotted to each family for their convenient subsistence in 1636."^° ^ " the towne viz' to each person an acre. And that now the said acres lie void the ancient inhabitants being for the most part removed from thence : Insomuch that as formerly they were the meanes of subsist- ing in towne ; now the propriety of persons in them elsewhere seated hinder others from coming into the towne by which meanes the said towne is like to be dispeopled. It was therefore agreed upon by the mutual consent of the whole (two persons excepted) that all and every such person or persons should surrender and cast up their right in the said acres that they may be disposed of to such as doe or shall inhabite the said towne of Plymouth, as also other the wast grwonds about the said towne by such an orderly and equall cowrse as shall be thought meet by the Gov"^ and Councell of the said colo- ny. And that the said Gov'' and Councell thinke of some equall cowrse where any have been purchased and the persons not able to make satisfaccon. Herrings, shad, That whereas God by his providence hath cast the fish called ale- pr°atedto^the''u°e vvives or herrings in the middestof the place appointed for the towne of Phy'mouth'^°'^ of Plymouth; and that the ground thereabout hath been worne out Re-enacted in fj^ ^jje whole to the damage of those that inhabite the same ; that therefore the said herrings alewives or shadds comonly used in the setting of come be appropriated to such as doe or shall inhabite the towne of Plymouth aforesaid, and that no other have any right or propriety in the same onely for bait for fishing, and that by such an orderly cowrse as shall be thought meet by the Gov^ and Councell. Wills to be prov- That the wills and testaments of those that die be proved orderly Gov. and Coun- before the Gov^ & Councell within one moneth after the decease of Re-enacted in ^he tcstator. And that a full inventory duly valued be presented with 1636 and 1658. jjjg ^^^^ before L« of administracon be granted to any of all the The wife to ad- goods & chattcUs of the Said persons. Also if in case any man die "stateofaninres- without will his goods be by his wife or other neerest to him inven- '*'"■ toried & duly valued & presented to the Gov & Councell within one moneth after the decease of the same person so dying. And if An administrator it be a single person without kindred heere resident, That then the person dying GoV appoint somc to take a just inventory of the same, and to pre- without kindred „ * ,u i i , . to be appointed sent tHe same upon oath to be true and just as in other the cases by the Governor, before mentioned. PART I.J COLONY OF NEW PLYMOUTH. 33 That the Gov'' and Councell of Assistants hire a watch & charge Watch lo be kept. it upon the whole colony according to the accustomed manner, for the year following. That all and every person within the colony be subiect to such Kvciy person lia- •' \ _ J J ble to do mihlary military order for trayning and exercise of arms as shall be thought duty. meet agreed on and prescribed by the Gov"" and Assistants. That in case it fall out that any die more indebted than their estate When the per- « J J . i, xr 1 1 II sonal estate of a 01 goods and cnattells amount unto, It the person so deceased have person deceased bought any lands in his life time to the impairing of his estate other- pay the debts, wise that the lands so bought be sold to make satisfaction to the ufriiaybe^Lw! creditors. But whereas a portion is disposed of to each for the sub- Re-enacted m sistance of him or herself & family: that such lands remaine to the survivors his or her heires no seizure being allowed the creditors in that case. That in case a man die bankerout as afore considering the ravvnes of the countrey and the small meanes for help and reliefe can yet be afforded by others and that life must be preserved in the widow children or both ; and considering the cases of persons cannot be alike, but some may require more help some lesse, it is ordered The property al- and determined that whatsoever the Gov"' and Assistants shall allow Gov. and Ass. to the widow and fatherless or motherless in this kind for their prent dren out of an comfort- shall be to them and their comfoft, notw*standing they dare loTl^^o'iectecTto not administer nor shall they be liable to any paym' to any the cred- ^^^j^ ^^ ^ ;^^ itors of the deceased in respect thereof provided too great detriment i^^^. come not to the creditors thereby. That whereas by an ancient order 2*? was allowed p. head to any, The bounty on that should kill a wolfe throughout the colony for the incouragement with except when of persons to seeke the destruccon of those ravenous creatures. It are made\o take being observed that none purposly seeke them but accedentally "'^'"' light on them and so unworthily receive the benefit, It is thought meet to cutt off the same, and make it of no force except to such as by the speciall approbacon of the Gov'' and Councell shall set them- selves by traps or other engines to take the same and to make pay- ment to such upon the Gov''^ warrant as before. That whatsoever damage comes to any by cowes goats or sheep Damages caused or any of that kinde by coming into their come or gardens be made catiieTo^'brmade good by the owners according as it shall be valued by two of the ^°e"enacted in neighbours, notw'^standing any former law to the contrary. ^^^^ """^ ^^^^• That there be no great swine kept about the towne to the annoy- Swine not to run ance of any in their come gardaines meades &c. But that upon ^ ^'^^' due warning first given to drive them away the owners of them make 5 34 LAWS OF THE [PART I. Bamage to be good wliatsoever damage shall be given by the arbitracon of two of paid as estimated by two neighbors, the neighbours. Firing of woods That whereas many have sustayned great damage by the indiscreet tain'seaTons. "'''" fyring of the woods, It is by these prnt order forbidden to any to set 1638."''^'''"^'' fire of them between the moneth of September and the moneth of March. And that whatsoever damag cometh to any by the breach of this order to be made good by the delinquent. Also whensoever any are justly occasioned to fire the same at any other time they shall give warning thereof to the neighbours about them. Measures to be That whereas great abuse may arise by diversity of measures, It is order that all measures be brought to the Messenger or Constable of Plym. to be sealed and that it be lawfull for any to refuse any that hath not the seale prefixed thereon. Lands to ser- That whereas by indenture many are bound to give their serv'^ land vants, where to J j o be located. at the expiracon of their terme ; it is ordered that they have it at Scituate or some other convenient place where it may be usefull. Foot paths. That whereas divers foote pathes lie thorow mens inclosures and that great damage hath & may come to many by pulling up the same for driving of cattle or the like, It is ordered that no man pull up any but upon extreame necessity nor then without leave. &,'c'"tcfbe'°free"^' '"•'■ '^ enacted by the Court, that fishing fowling and hunting bee Re-enacted ill f^ee provided if any damage comes to any particulare by the prose- cution of such exercise restitutions bee made or the case actionable. But if any man desire to improve a place and stocke it with fish of any kind for his private use, it shalbee lawfull for the Court to make any such graunt and for bid all others to make useof it. Every constable- It is enacted by the Court that every Cunstablericke have a jiclc to have a . , "^ pound. sufficient pound to impound cattle that shall transgresse any such Re-enacted in 1636 and 1658. Orders as are or shalbe made. No man to iierd It is enacted by the Court, that noe man shall heard his owne his cattle to the -^ . . prejudice of oth- cattle or other men's to the prejudice of any att or neere his or ers Re-enacted in theire housc upon theire land ; but upon due notice and warning shall reforme it or the case be actionable. Jab'- It was decreed that ye new bushell, being a seald bushell brousht The bushel to be r t-' i i r -itt-- of Winchester out ol lL,ngland ot VVmchester measure should be alowed and no measure. . i ii i i i i . , Other, and all other measures to be brought mto the constable to be made conformable to the same, and so to be sealed by him with the seale appoynted for that end and this to be done by the last of ^^u'noi^to^ affect this present month. But notwithstanding that all former bargains gains. and sales that were made before this day, they are to be fulfilled by old measure. PART I.] COLONY OF NEW PLYMOUTH. 35 At this Court it was concluded yt ye Jury should have 6'^ pr. Jan- , •!•'•' '■ Jurors to have man, and ye foreman 12'' in shuch cases of controyersie as they sixpence, &c. , ,, Re-enacted in shall goe upon. 1636 and 1G58. That no servant comina; out of his time or other sinde person be Marcii. . . ,. .Noperson allovv- sufiered to keep house, or be for hun or themselves till such time ed to keep house as he or they be competently provided of armes and municon Re-enacted in according to the orders of the Colony. And that if any such be ^iih an aitera- yet wanting they be provided as aforesaid or else provide them- aJ'msToTe'fuf- selves such masters as may provide for them. And this to be done mshed forihwuii J ^ upon due warn- within the space of one month ensuing. "'!?• That none be suffered to retale wine or strong water or suffer &c^ fo'rbidden"^' the same to be drunke in their houses except it be at some inne or except— ^ _ ^ Re-enacted m victualling house, and there only to strangers at their first coming, 1636 and 165S. not exceeding the value of two pence a person ; and that no beer be sold in any such place to exceed two pence the Winchester quart. That no man keep more swine than can be kept to lie ordinarily fj°^,"°,[| j™^ about their owne houses. And if they drive them from home to can lie about •' ^ their owners' drive and keep them in such places where no detrim' may come to houses. any thereby. That at such convenient time as shall seeme meet to the Gov'- and Highways how to be mended. Councill upon warning given all men meet together for the mending To forfeit three /. I 1 ■ 1 • - 1 T 1 1 • 1 n 1 shillings for de.' 01 the highwaies, with such tooles and instruments as shall be ap- fault. pointed. And for default every person to forfeit three shillings. 1636. At a ffeneral court held the fourth and fifth of Octob' 1636, the o^'-. '^ ... Committees ap- ordinances of the colony and corporation being read divers were pointed to aid the -, ,,^. ,,.. 11^ Gov. and As- fotrad worthy the reforming — others the rejecting and others fitt to sistants in the be instituted and made ; it was therefore ordered and agreed that iaws.'°" ° four for the towne of Plymouth — two for Scituate and two for Duxborrow should as comittees for the whole be added to the gov'' and assistants to sertefie and prepare such as should be thought most convenient, that if approved they may be put in force the next general court. That such serv'^ as come out of their time and are by their Servants coming con'^ to have lands have only five acres apeece, if found fit to oc- to have 5 acres cupie it for themselves in some convenient place. 3G LAWS OF THE [part I. None (0 keep That none be allowed to be housekeepers or build any cottages coiiagertiir'ap- till such time as they be allowed and approved by the gov' and proved by Gov. •n and Council. COUHClll. Re-onacted in Mw Plymouth, Mv. 15, 1636. Preamble. Whereas at his Ma'''^^ court held the 4th and 5th of Octob"" in the 12* yeare of the raige of our soveraign Lord Charles by the grace of God King of Engl. Scotl. Fr. and Irel. defender of the Faith Whowetechosen ^^ j^ ■^^^g ordered that Mr. William Brewster, Mr. Raph Smith, to revise the laws. ' ' r ' '-- » Mr. John Done and John Jenny for the town of Plymouth; Jona- than Brewster and Christopher Wadsworth for Duxburrough and James Cudworth and Anthony Annable for Scituate should be add- ed to the Gov' and assistants as comittees for the whole body of this comonweale, should meet together the 15th of Nov'"' at Ply- mouth above menconed, and there to peruse all the laws, orders and constitucons of the plantacons within this government that so those that are still fitting might be established ; those that time hath made unnecessary might be rejected ; and others that were wanting might be prepared, that so the next court they might be established. Recitai'ofreasocs ^qw beine assembled according to the said order and having read for making' laws. ^ ° ° ^ the combinacon made at Cape Cod the 11th of Nov'"' 1620 in the yeare of the raigne of our late Sov. L. King James of Engl. Fr. and Irel. the eighteenth and of Scotland the fifty-fourth as also our letters patients confirmed by the honourable councell, his said Ma*'® established and granted the 13 of January 1629 in the fifte year of the raigne of our Sov. Lord King Charles and finding that as free borne subjects of the state of Engl, we hither came endewed w^l" all and singular the priviledges belong to such in the first place, we thinke good that it be established for an act. No law, or ordi- That accordine to the and due privilege of the subiect afore- ^) nance to be made t ... t o ^ t) ..\, • without the con-/ said no imposicon law or ordnance be made or imposed upon or =7:- sent of the free-/ , , , i '■\ men. | by ourselves or others at present or to come but such as shall be made or imposed by consent according to the free liberties of the Wate and Kingdome of Engl, and no otherwise. Recital of author- That whereas before expressed, we finde a solemne and binding itv to make laws. ° combinacon, as also L'^ Patents derivatory from his Ma'''« of Eng. our dread Sov. for the ordering of a body politick within the sever- all limits of this patent viz' from Cowahasset to the utmost bounds of Puckanokick westward, and all that tract of land southward to the southerne ocean with all and singular lands rivers havens waters creeks ports fishings fowlings &c. By vertue whereof we or- PART I.J COLONY OF NEW PLYMOUTH. 37 daine institute and appoint the first Tuesday in March every yeare Election to be on for the eleccon of such officers as shall be thought meet for the guid- [Tuaich.^^^ ^^ ing and governmt of this corporacon. flZi '° "^""^ At the day and time appointed a Gov"" and seaven assistants be Governor and chosen to rule and governe the said plantacons within the said limits t^be chosen^for for one whole yeare and no more. And this eleccon to be made Eiec'iion ' by the onely by the freemen according to the former custome, and that then Re!"na"ted Ti also constables for each part and other inferior officers be also cho- Jl'^^- ,, * Constables to be sen . chosen. That in every eleccon some one of the assistants or some other sufficient persom be chosen treasurer for the yeare present, whose Treasurer to ba place it shall be to receive in whatsoever sum or sums shall appertaine to Re-enacted in the royalty of the place either coming in by the way of fine amerceam* ^^^^' or otherwise ; and shall improve the same for the publick benefitt of this corporacon by order of the governm', as also to give a just ac- How to account, count thereof to the ensuing treasurer and to the Gov^ whenever he shall demand it or the court when they appoint. That a clarke of the court also be chosen for the yeare. cierk to be chos. That also one be chosen to the office of coroner to be executed as c°oroner to be chosen. and to continue one yeare. neere as may be to tjie.laws Mid practise of ihe kingdome of Engl., THE OFFICE OF THE GOVERNOR. The office of the Gov'' for the time being consists in the execucon The duties and of such laws and ordnances as are or shall be made and established Governor. for the good of this corporacon according to the severall bounds and ^nd* 1661 'except limits thereof; viz', in calling together or advising with the assistants worcu'^in'the*iast or councell of the said corporacon upon such materiall occasions or ""l^' ""° '"°''? ^ -t^ without renewing so seeming; to him as time shall bring forth. In which assembly and by election," ° ° . •' read, "until all others the Gov' to propound the occasion of the assembly and another be elecu have a double voice therein. If the assistants judge the case too great to be desided by them and refer it to the Generall Court, then the governor to summon a court by warning all the freemen aforesaid that are then extant, and there also to propound causes and goe be- fore the assistants in the examinacon of particulars and to propound such sentence as shall be determined. Further it shall be lawful for him to arrest and comit to ward any offenders provided that with all conven' speede he shall bringe the cause to hearing either of the as- sistance or Generall Court according to the nature of the offence. Also it shall be lawful for him to examine any suspicious persons for evill against the colony, as also to intercept or oppose such L" as he conceiveth may tend to overthrow of the same. And that this 38 LAWS OF THE [PART I. office continue one whole yeare and no more without renewing by eleccon. THE OATH OF THE GOVERNOR. You shall swears to be truly loyall to our Soveraigne Lord King Charles his lieires and successors,* {the State and Govern^ of Eng- land as it now stands). Also according to that measure of wisdome understanding and discerning given unto you faithfully equally and indifferently without respect of persons to administer justice in all cases coming before you as the Governour of New Plymouth. You shall in like man'^ faithfully duly and truly execute the laws and ordnances of the same and shall labor to advance and further the good of the Colonies and Plantacons within the limits thereof to the utmost of your power and oppose any thing that shall seeme to hinder the same. So helpe you God who is the God of truth and punisher of falsehood. At the Court held at Plymouth the 11th of June 1664, this following aded, and the Gov'' tooke oath thereunto. You shall alsoe carefully attend what is required by his Ma"**'' Privy Councell of the governors of the respective CoUonies in reference unto an acte of Parliament for the encurrageing and in- creasing of shipping and navigation, bearing date from the first of December, 1660. THE OATH or A FREEMAN. Re-enacted in You shall be truly loyall to our Sov. Lord King Charles his heires and successors, {the State and Govern' of England as it now stands). You shall not speake or doe devise or advise any thing or things act or acts directly or indirectly by land or water that doth shall or may tend to the destruccon or overthrow of this pr"' Plantacons, Colonies or Corporacon of New Plymouth ; neither shall you suffer the same to be spoken or done, but shall hinder oppose and discover the same to the Gov'' and Assistants of the said Colony for the time being or some one of them. You shall faith- fully submit unto such good and wholesome laws & ordnances as either are or shall be made for the ordering & govern' of the same, and shall endeavour to advance the growth & good of the severall * The words " to our sovereign Lord King Charles, his heirs and successors," are erased in the original, and the words " Ihe State and Government of England as it now stands," are interlined— and also erased. The oaths of some of the other officers, which follow, have the same interlineations and erasures. In other respects, the oath of the Governor was the same in 1658. PART I.] COLONY OF NEW PLYMOUTH. 39 plantations within the limits of this Corporacon by all due meanes & courses. All which you promise and sweare by the name of the , great God of Heaven & earth simply truly and faithfully to per- ; forme as you hope for help from God, who is the God of truth & punisher of falsehood. THE OFFICE (3F AN ASSISTA^fT. The office of an Assistant for the time being consisteth in appear- Duties of an As- ing at the Governors sumons, and in giving his best advice both in Re-enacted in publick Court & private Councell with the Gov for the good of the "^ " Colonies* within the limits of this Government. Not to disclose but keep secret such things as concerne the publick good and shall be thought meet to be concealed by the Govr & Councell of As- sistants. In having a speciall hand in the examinacon of publick offenders and in contriving the affaires of the Colony. To have a voice in the censuring of such offenders as shall not be brought to publick Court. That if the Governor have occasion to be absent from the Colony for a short time by the Gov"' with the consent of the rest of the Assistants, he may be deputed to governe in the absence of the Governour. Also it shall be lawfull for him to exam- ine & comit to ward where any occasion ariseth where the Gov'' is absent, provided the person be brought to further hearing with all convenient speede before the Governor or the rest of the Assistants. Also it shall be lawfull for him in his Ma'''^^ name to direct his war- rants to any Constable within the Government who ought faithfully to execute the same according to the nature and tenure thereof. And may bind over persons for matters of crime to answere at the next ensueing Court of his Ma''^ after the fact comitted or the per- son apprehended. THE OATH OF THE ASSISTANTS. Yee shall all sweare to be truly loyall to our Soveraigne Lord Re-enacted in King Charles his heires and successors. Also ye shall faithfully truly & justly according to that measure of discerning & discretion God hath given you be assistant to the Gov'' for this present yeare for the execucon of Justice in all cases & towards all persons coming before you without partiallity accqrding to the nature of the office of an Assistant read unto you. Moreover, yee shall diligently duly & truly see that the lawes & ordnances of this Corporation * The word " colonies" is often used instead of " townships," in the early laws and records. 40 LAWS OF THE [PART I. be faithfully executed ; and shall labor to advance the good of the severall Plantacons within the limits thereof, and oppose any thing that shall hinder the same by all due means and courses. So help you God who is the God of truth & punisher of falsehood. THE OATH OF ANT RESIDING WITHIN THE GOVERNMENT. You shall be truly loyall to our Sover. Lord the King his heires , and successors. And whereas you make choice at present to reside ^ within the Govern' of New Plymouth, you shall not doe or cause to ' be done any act or acts directly or indirectly by land or water that shall or may tend to the destruccon or overthrow of the whole or any of the severall Colonies within the said Govern' that are or shall ' be orderly erected & established ; but shall contrariwise hinder op- ; pose & discover such intents & purposes as tend thereunto to the Governor for the time being or some one of the Assistants with all convenient speede. You shall also submit unto & obey such good & wholesome lawes ordnances & officers as are or shall be estab- lished within the severall limits thereof. So help you God who is the God of truth and punisher of falsehood. THE OATH OP A CONSTABLE. You shall swear to be truly loyall to our Soveraigne Lord King Charles his heires and successors, (the state and Government of Re-enacted in England as it now stands) You shall faithfully serve in the oiBce of a Constable in the ward of for this present yeare, according to that measure of wisdom understanding and discretion God has given you. In which time you shall diligently see that his Ma'"^'^ peace comanded be not broken, but shall carrie the person or per- sons offending before the Governor of this Corporacon or some one of his Assistants and there attend the hearing of the case and such order as shall be given you. You shall apprehend all suspitious per- sons, and bring them before the said Gov' or some one of his As- sistants as aforesaid. You shall duly & truly serve such warrants & give such sumons as shall be directed unto you from the Gov' or Assistants before menconed, and shall labor to advance the peace & happiness of this corporacon, 8i oppose any thing that shall seeme to annoy the same by all due meanes and courses. So help you God who is the God of truth and punisher of falsehood. ELECTION OF OFFICERS AT THE GENALL COURTSv That the annuall eleccon of officers before expressed be at a Gen- erall Court held in his Ma'ies name of Engl. And that the Gov"' in PART I.] COLONY OF NEW PLYMOUTH. 41 due season by warrant directed to the severall Const, in his Ma*'^^ The freemen to be warned to tne name aforesaid give warning to the freemen to make their appear- election by war- A 1 T 11 1 1 J ''^'" °f ^^^ Gov- ance. And that all other our courts warrants summonds or comands emor in his Ma- byway of justice be all done directed and made in the name of his ■'^^ ^ Majesty of England aforesaid our dread soveraigne. FYNE OF NON-APPI'ANCE. And for default in case of appearance at the eleccon before men\^ine for non-ap- 'ipearance. coned without due excuse each delinquent to be amerced in 3* sterl. COURTS WHERE KEPT. That the Government, viz' the generall Courts and Courts of Assistants be held at Plymouth &• that the Gov hold his dwelling The clause in 7J-7 T r • /~i r italics was re- there J or the present yeare, except Inferior Courts as for some matters pealed March shall be allowed by this Court in other places of this Government. edin'the original records. GRAND JURY HOW PANNELLED. That a great Quest be pannelled by the Gov' and Assistants or the major part of them & warned to serve the king by enquiring into the abuses & breaches of such wholesome lawes & ordnances as tend to the preservacon of the peace and good of the subject. And that they present such to the Court as they either finde guilty or prob- The words "or ably suspect, that so they may be prosecuted by the Gov'' by all due pect" are erased in the original. meanes. March 2, 1640, It is enacted, That no presentment hereafter No presentment shalbe exhibited to the Grand enquest to be brought to the Bench cept on oath, except it be down upon oath, and that it shalbe lawfull for any of the Assistants to administer an oath in such case. STOCKS AND WHIPPING POSTS. That in every Constablerick there be a paire of stocks erected, stocks, cage and t3lso a Cage which shall be of competent strength to detain a prisoner be erected. and a whipping post &, these to be erected in such places as shall be i658"except"the thought meet by the severall neighbourhoods where they concerne whUA is erased ^' upon the penalty of X^. for any towneship, which shalbe defective herein. HIGHWAYS. That the Constables see the high wais for man & beast be made The constable to ., . . .oicii •! '•*™ charge of & kept m convenient repaire, & therelore be also appointed sur- the highways. veighor for the liberty he is chosen. And if it fall out that a way be erased.* wanting upon due complaint, that then the Governour pannell a Jewry, 6 42 LAWS OF THE [PART I. and upon oath charge them to lay out such way as in conscience they finde most beneficiale for the comon weale, and as little prejudice as may be to the particulars. WHO TO BE PANEL" IN JURIES. Persons who are That it be lawfuU for the Governour as well to pannell such the be emptneUed as kinges Subjects of good report that are freeholders & no freeman Re'-enacted in "pon Jewry to doe service to his Ma^'^ as well as such as have taken ^^^^' up their freedome if thought convenient. LAWES MADE BY YE FREEMEN. The freemen to That the lawos and ordnances of the Colony & for the government ?nd ordin^ces. of the same be made onely by the freemen of the Corporacon and All taxes to be HO Other, provided that in such rates & taxacons as are or shall be upin thefrMmen laid upon the whole they be without partiality so as the freeman be and others. not spared for his freedome, but the levy be equall. And in case any man finde hiinselfe aggrieved, that his complaint may be heard & redressed if there be due cause. OATH OF FIDELITY TO ALL. All persons to That an oath of Allegiance to the King & fidelity to the Govern- take the oath of ^ • , ■ , i r i i ii allegiance. ment & the sev. Colonies therein be taken oi every person that shall Hve within or under the same. TRYALL BY JURY. Trial by jury in That all trialls whether capitall or between man & man be tryed Re-enacted in by Jewryos according to the presidents of the law of Engl, as neer 1658. , as may be. GOVERNOR AND TWO ASSISTANTS TO DETERMINE CASES SUB 40 S. That the Gov'' and two Assistants at the lest shall as occasion shall be offered in time convenient determine in such triviall cases AJso to determine viz'- under forty shillings between man & man as shall come before them ; as also in offences of small nature shall determine, doe & execute as in wisdome God shall direct them. OFFENCES CAPITALL. Re-enacted in Capitall offences lyable to death. 1658, omitting ___ in. . i f i -tt- adultery, for i reason or rebellion against the person of the King, State or penalty was then Comonwealth, either of England or these Colonies. provided. ^jif^^ii jjj^j.jg^_ PART I.] COLONY OF NEW PLYMOUTH. 43 Solemn Compaction or conversing with the divell by way of witchcraft conjuracon or the like. Willfull or purposed burning of ships houses. Sodomy, rapes, buggery. Adultery to be punished. OFFENCES CRIMINALL. Fornication & other uncleane carriages to be punished at the dis- Fornication, &,c. -J ^ to be punished at cretion of the Majestrates according to the nature thereof. the discretion of T-, . . , . . the magistrates, b ornication beiore contract or marriage. The stealing or attempting to steale ships boats municon or other things of that nature to be punished according to the determinacon of the Magistrates. SALE OF LANDS ACKNOWLEDGED BEFORE ONE OF ASSISTANTS. That all sales exchanges eifts morgages leases or other con- All sales of land, ° ° ° ° &c. (o be ac- veyances of houses & lands, the sale to be acknowledge before the knowledged be- Gov^ or any one of the Assistants & committed to publick record sistant, and be and the fees to be payd. Re-°enacted in 1658. MARKE OF CATTLE. That every man's marke of his cattle be brought to the towne Cattle, how booke' where he lives & that no man give the same but shall alter any other bought by him & put his owne upon them. LAND AFTER GREENWICH HOLD. That inheritance do descend according to the comendable cus- inheritances, how tome of Engl, and hold of Est. Greenwich. Re-enacted in 1658. A WIVES PT OF LANDS AND GOODS. That if the husband die the wife shall have a third part of his Widow's portion lands during her life and a 3'^ of his goods to be at her owne dis- real estate during her life, and one poseinge. third of the per- sonal estate. WEIGHTS AND MEASURES. Re-enactedm That one comon standard to be used by all for weight and meas- The Winchester ure. And that according to Winchester which is the standard of"andard.° Engl. Re-enacted in 1658. OF WARRE AND LEAUGES. That no warre or league of peace be made by any particular per- The General son or persons but such as shall be agreed and determined in and by make war^or° peace, except. 44 LAWS OF THE [PART I. a Generall Court, except in such case of emenent danger as a Court cannot be called or sumoned. SOLDIERS PRESSED. Soldiers, how im- That in case necessity require to send forces abroade and there be vice. not volunteers sufficient offered for the service, then it be lawfull for the Gov"' and assistants to presse in his Ma^'^s name by their warrant Ifwoundedtobe directed to the Constables. Provided if any that shall goe returne supported by the i i colony. inaymed & hurt he shall be mayntayned competently by the colony Horses to be tak- duringe his life. And also that if there shalbe neede of horses for service. * the Countrey's service it shalbe lawfull for the Gov^ and assistants 1658." '" likewise to presse horses paying them for them for said service by the or taking order for their payment. Persons convict- That Concerning misdemeanors as any shall be convicted in court ors to be censur- of any particular to be sensured by the bench according to the na- ^ ^ ™'= • t^J.g of tjjg offence as God shall direct them. MARRIAGE. No person under That none be allowed to marry that are under the covert of pa- covert of parents i i i ■ i ti allowed to marry rents but by their consent and approbacon. But in case consent sent. cannot be had then it shalbe with the consent of the Gov'' or some beobtained,^to"be assistant to whom the persons are knowne, whose care it shall be to of^ome 'on^°of ^^® *^ marriage be fitt before it be allowed by him. And after ap- To be'pubUs'hed Probation be three severall times pubhshed before the solemnising of three times it. Or els in places where there is no such meetings that contracts Ke-enacted m * " 1658. or agreements of marriage' may be so published that then it shall be lawfull to publish them by a writing thereof made and set upon the usuall pubhcke place for the space of fifteene days, provided that the writing be under some majestrats hand or by his order. DEPARTING COURTE. kave IhTc*^ '° '^^^^ ^^ ^"^'^ ^^ dept'any his Ma''es Courts before they be dismiss- till dismissed. ed without due leave be amerced in three shiUings fine. TIMBER OF SW^AMPS. No timber to be That no man make sale or sell out of the Colony's any kind of sold from any of r, j i i • i i i the swamps re- Doards planks or timber that hath been growins: in any the swamps served for public ,1 ^ j^ ,,. i •,,,, use. that are reserved tor pubhcke use without leave but shall onely so doe of such as arise out of his owne proper ground. PARTICULAR ARMS. That each person for himselfe &c. according to Jan. 2'^ 1632 have PART I.] COLONY OF NEW PLYMOUTH. 45 peece, powder and shott vizt a sufficient musket or other serviceable Every person to peece for war with bandeleroes sword and other appurtenances for derf&™^' ^°'"' himself and each man servant he keepeth able to beare armes. And that for himselfe & each such person under him he be at all times furnished with two pounds of powder and ten pounds of bullets & for each default to forfeit ten shillings. Since this time it is agreed upon by the Commissioners that it Former law re- shalbe but one pound of powder and foure pounds of buUetts, with '"^^ ^ ' match foure fathome for eich matchcock peece. That no sheep be sold out of the colonies if competent price will ^° *^«P '° ^^ here be given for them. colony. mi 1 1 1 I Repealed and 1 nat whatsoever damage comes to any by cows goats mares sheepe erased. or any of those kindes by coming into their corne or gardens be be impounded. made good by the owners of the said cattle as it shall be valued by ^asedl^*^ ^"'' two of the neighbours. And that it shall be lawfuU upon each such trespass to impound the cattle trespassing till due satisfaction be made. SWINE. That no man keep more swine than he can ordinarily keepe about Swine to be kept I ■ 1 T 1 1 1 1 1 1 1 /y. • ringed and yok- his owne place and that they be doubly wrung or at least sufficient- ed. ]y wrung that they roote not up & destroy the meadows. And ii in case any shall finde himselfe aggreeved and require the yoaking of any unruly swine by reason of damage he is like to sustaine then to forfeit for every such default per weeke besides the damage five shillings. Also if in case any be found unwrung or unyoaked after notice as penalty for neg- before then to forfeit upon discovery of it for each swine 2^ and for '^"^'^ every weeke after any shall so continue five shillings — the one half to come to the person so finding and discovering them — the other half to the township to which the owner belongs. Also that all piggs at or before ten weeks old shall be rung — and upon sufficient notice to the next justice of the peace, he to grant warrant to the constable to straine any of these fines. The time of yoaking to continue from mid. June to Sept. ult. But if any lose their rings or yoakes the first notice to be without fine. PURCHASERS LANDS. That whereas as well the lands within this patent as the municon Certain lands to &c was bought by way of purchase by diverse the inhabitants of the first purchas- New Plymouth and that the said purchasers are possessed but of Repealed. small proportions of land and many of them meane : — it is therefore 46 LAWS OF THE [PART I. thought meet that the said purchasers shall hold and have reserved for themselves and their heirs so much land in such place and places, as they shall judge meete and convenient for themselves, and their heirs aforesaid. Remainder of That placc and pkces convenient reserved for the said purchasers lands surrender- _ ' _ ^ _ '■ ed by them. and their heirs. They surrender the remainder of the lands to be disposed of within the limits of the L^^ patent dated to W. B. and his associates — to the government consisting of the magistrates and freemen of this corporacon. LAND TO CHILDREN. Children born That such children as heere born and next unto them such as are or brought up in the colony to heere brought up under their parents and are come to the age of cnce over others, discretion allowed and Want lands for their accommodation be pro- '"'' ' vided for in place convenient before any that either come from Eng- land or elsewhere, then to seeke as they are. t^°™insene^!"^'^ '^^^^ ^ convenient forme for registry of men's particular holds be heer inserted. KILLING WOLVES. Four bushels of That whoever shall kill a wolfe and make it suffic. knowne to the corn to be paid to the person who gov"'- or some assistant shall have four bushell of come to be raysed shall kill a wolf. ,. . i i • i ti • ot the constablerick or liberties. IRON TRAPS. No guns or iron That no guns or iron traps be sett unles in particular inclosures traps to he set , . i . i near the high and that not necre any high way. way, &c. TRESPASSES. Munded.''^™" That whatever damage come to any by cowes goats mares sheepe or hogs by breaking into mens suffic. inclosures it shall be lawful for the persons so damnified to impound them and two indif- ferent men to view the damage which accordingly shall be given and payd. RETAYLERS OF WINE AND BEERE. Wine, strong- That none be suffered to retail wine strong water or beere either roir<;nt^'in'°inns ^''^'" ^°°'^^ o"" w^* °"t cxccpt in inns Or victualling houses allowed &j^i^ctuaiiing and that no beere be sold in any such place to exceed in price two pence the Winchester quart. PART I.] COLONY OF NEW PLYMOUTH. 47 DRUNKNESS. That such as either drinke drunke in their persons or suffer any J^°^^-^^Jfa§et to drinke drunke in their houses be enquired into amonaist other mis- <»hers to become . . ^ ^ so iu their houses demeanors & accordingly punished or fined or both by the discre- to be punished. con of the bench. That the children and serv'^ of such as dweel neer any victualline; Children and ■>^ "^ ^ servants not al- house be not entertayned or suffered by the M'' of the said house lowed to spend 1 1-1 1 1 1 • • 1 •(■ IT- 1 theirlnneina there to drmke and spend their time ; but li any such thing can be victuaihng proved it be esteemed a misdemeanor punishable in the said victu- aller and to be enquired into. LANDS TO SERVS. That such servants as come out of their times and are by their Servants, that come out of their Cov'^ to have lands to have onely five acres apeece at pr°' . And time, to have on- Iv nV6 3.cr6s of that if they be found fit to occupie it for themselves in some con- land, venient place. That from this time forward whoever shall cov' to eive lands by Masters required '-' ^ "^ to perform their Indenture to their servants at the expiration of their service shall covenants with make good the same out of their pp. lands ; the Government being free from any such cov'^ & therefore not to be exspected. PURCHASERS AND FREEMEN OF PLYMOUTH. That the Towne of Plymouth viz'- the purchasers & freemen The purchasers and freemen of have liberty of themselves to dispose of the lands that doe or shall Plymouth have 111-1 - - t liberty to dispose belong unto them to such they think meet to receive it unto them, of their lands, &c. And also to make such orders for their convenient & more comfort- able subsistance as shall by them be thought most meet & conven- ient ; provided they be not contrary to the publick ordnances of the Govern*. That Scituate be allowed the like liberties and to dispose of the Scituate to have . 1 /-I 1 - 1 1 1 ""^ same liberty. grounds between the JNorth river and Oowehasset provided they have recourse to Plymouth in case of justice. LANDS GIVEN TO PERSONS WHO LIVE NOT UPON THE SAME. That Whereas Lands are given & granted to persons upon sup- I'f"'^^ '° .''f f"- " ^ . ^ ^ ^ ^ felted which are posall of their living upon them for the maintenance & strength of not occupied by • ■/• • 1- 11 1 1 11 • 111'''*' Pfifsous to society ; it it iall out that persons shall not occupie any such lands, whom they are but dep' from the same place such former graunt or grants to be of Repealed. none effect but shall returne & be otherwise disposed of by the Govern' in General] or Toweship in particular as it shall fall out. 48 LAWS OF THE [part I. MISDEMEANORS PRESENTABLE. Misdemeanors 'j'[,at gll such misdemeanors of any p. son or p. sons as tend to to be inquired of ^ - ■ i i "i by the grand in- the hurt & detriment of society Civility peace & neighborJlODd be enquired into by the grand Enquest and the p. sons presented to the Court that so the disturbers thereof may be punished & the peape and welfare of the subject comfortably preserved. HOLY DATS. Days of fasting fhat it be in the power of the Gov"^ & Assist^ to command sol- and tlianksgiving ^ ^ „ . , . . to be appointed emn daies of humiliation by fasting &c. and also for thankesgiving by Gov. and As- . , ,, , zr j sistants. as occasion shall be oiiered. Repealed. Duties of Mes- senger. THE OFFICE AND FEES OF THE MESSENGER. To be ready at the Governour's or any the Assistants warning ; to doe such service as shall be appointed for the good of the severall Colonies within this Govern' & to be eateemed as a publicke offi- cer to'" doe & execute according to the nature of such warrants as shall be directed to him in any p' thereof. As Constable for the speciall ward belonging to Plymouth viz* from Jones River south- ward so far as any inhabite at present. As Jaylor to keepe such as shall be comitted. And either to execute such punishment as shall be inflicted by publick censure or cause it to be done. To give warning of such marriages as shall be approved by authority. To seale those measures & weights that be allowed, & to measure out such lands as shall be ordered by the Gov'' or Govern'. THE FEES ALLOWED. For comittment 2* (}<^ — for releasement 2' &''. For ordinary within his spec. Constablerick 6'^. For imprisonment 2« 6'' p. day. The halfe of all fines not exceeding 6*. For giving notice of weddings 12"^. For serving any execucon 2" Q'^ his ordinary fee & 6"^ in the £ extraordinary ; but if the place be far to goe then 2^ a mile. For sealing of measures 4*^ a peece. For weights 2''. For measuring of land according to the distance & trouble of the same and his paines therein not to be valued with comon labor but as a publick officer that attends the duties of his place. FART I.] COLONY OF NEW PLYMOUTH. 49 THE OATH OF THE MESSENGER. You shall be truly loyall to our Soveraigne Lord the King, his heires & successors. You shall duly, truly & faithfully waite uppon, performe & execute the office of you are called unto, seeking by all due meanes the welfare of the severall Colonies within this Govern' of New Plymouth. Attending such order, obeying such warrants & doing such service as the Governor for the time being, or any of his Assistants, shall require, either in the behalfe of our Sov. Lord the King, or between man & man, as the case requireth for the peace and tranquillity of the place. You shall to the utmost of your power safely keepe such prisoners as are comit- ted to your custody, and inflict or execute such sentance as shall be awarded, or cause it to be done. Also such weights & measures as shall be brought unto you, you shall as neere as may be, make agreeable with the standard comitted to your trust, and shall onely take such fees as are allowed without fraud or oppression. Yoil shall also faithfully duly & truly serve our Sov. Lord the K. in the office of a Constable in the ward of New Plymouth wherein you shall see that his Ma''®^ peace comanded be not broken ; but shall apprehend any that shall disturbe the same, and bring him or them before the Gov'' or some one of the Assistants for the time beingj and there attend such order as shall be given. All which you shall faithfully promise to observe & doe. So helpe you God, who is the God of truth & punisher of falsehood; A FORME TO BE PLACED BEFORE THE RECORDS OF THE SEVER- ALL INHERITANCES GRANTED TO ALL AND EVERY THE KING's SUBJECTS INHABITING WITH THE GOVERNMENT OF NEW PLY- MOUTH. Whereas John Carver, Will. Bradford, Edw. Wynslow, William Brewster, Isaack Allerton and divers others the subjects of our late Sov. Lord James by the grace of God King of Engl. Scotl. France & Ire. defender of the faith &c. did in the eighteenth yeare of his raigne of Engl. France & Ireland and of Scotland the fifty four^ which was in the year of our Lord God 1620 undertake a voyage into that p' of America called Virginia or New England thereunto Objed of the first r ° _ . . . settlement. adjoyning there to erect a plantacon and colony of English, intending the glory of God & the inlargement of his Ma''^^ dominions and the speciall good of the English nation. And whereas by the ''good providence of our gracious God the said John Carver, Will. Bradford, Edward Wynslow, William 50 LAWS OF THE [part Tlie civil combi- nation formed at Cape Cod Nov. 11, 1G20. Brewster, Isaac Allerton and their associats arrived in New England aforesaid in the harbor of Cape Cod or Paomet scituate and being in New Engl, aforesaid, where all the said persons entered into a Civill combinacon being the eleventh of Nov'^'' in the yeare afore menconed as the subjects of our said Sov. Lord the King to become a body politick, binding ourselves to observe such lavves & ordinances & obey such officers as from time to time should be made & chosen for our well ordering and guidance: and thereupon by the favor of the Almighty began the first Colony in New Engl, there being then no other within the said continent at a place called by the natives Apaum als Patuxet but by the English New Plymouth. All which lands being void of inhabitants we the said John Carver, Will. Brad- ford, Edward Wynslow, William Brewster, Isaack Allerton & the rest Treaty with Mas- of our associats entring into a league of peace with Massasouat since them 'laDds and Called Woosamequin Prince or Sachem of those parts. He the said himseiTthe^ub- Massasouat freely gave them all the lands adjacent to them & their James.''"'^ heires forever, acknowledging himself content to become the subject of our Sov. Lord the King aforesaid his heires & successors. And taking proteccon of us the said John Carver, Will. Bradford, Ed- ward Wynslow, William Brewster, Isaack Allerton & their associats the naturall subjects of our Sov. Lord the King aforesaid. But having no speciall L'^ Patents for the said p'^ of New Engl, but onely the generall leave and liking of his Ma^'e aforesaid for the free exer- cise of the leave and liberty of our consciences in the publick worship & service of God wherever we should settle. Being therefore now settled and requiring speciall licence & commissions from his Ma''« for the ordering our affaires under his gracious proteccon had sundry Com- missions made and confirmed by his said Ma'''='s Councellfor New Engl, for John Peirce & his associats whose name we onely made use of, and whose associats we were in the late happy & memorable raigne of our said Soveraigne Lord King James. But finding our- selves still streightened and a willingness in the Honorable Coun- cell aforesaid to enlarge us partly in regard of the many difficulties we had undergone and p' in regard of the good service we had done as well in relieving his Ma^'<=''' subjects as otherwies, we procured a further enlargement under the name of William Bradford aforesaid & his associats whose name we likewise used and whose associats as for- merly we still are ; By vertue of which Li's Patents liberty is given unto us derivatory from our Sov. Lord King Charles bearing date, the thirteenth of January 1629 being the fift yeare of his raigne of Engl. Scotl. France & Irel. &c. and signed by the Right Hon^e Robert Earle of Warwick in the behalfe of the rest of his Ma''e's The charter to John Peirce and associates^ The charier to William Bradford and associates. PART I.] COLONY OF NEW PLYMOUTH. 51 said Councell foi- New End. & sealed with iheir comon seale, al- Powers and ^ privileges given. lowed to frame & make orders ordnances & Constitutions for tlie ordering disposing & governing of our persons & distributing the lands within the said limits to be holden of his Ma*'*^ his heires & his. successors as of his Mannor of East Greenwich in the County of Kent in free and comon soccage and not in capite nor by knights service, viz'- All that part of New-Engl. in America & tract & tracts of land that lie within or betweene a certaine Rivolett or Run- lett there comonly called Coahasset alias Conahasset towards the north, & the river comonly called Narag unset river towards the south, and the greate Westerne Ocean towards the East, & be- tweene and within a streight line directly extending up into the maine land towards the west from the mouth of the said river called Nar- agansett River to the utmost limits & bounds of a Countrey or place in New Engl, comonly called Pokenacutt alias Puckenakick alias Sawaamset westward, and another like strait hne extending itselfe directly from the mouth of the said River Coahasset alias Conahasset towards the west so far up into the maine land westwards as the utmost limits of the said place or Countrey comonly called Pokena- cutt alias Puckenakick als. Sawaamset doe extend, together with one halfe of ^the said River called Naragunsetts & the said rivolet or rundlet called Coahasset alias Conahasset: and all lands rivers waters havens creeks ports fishings fowlings & all hereditaments profits Comodities & emoluments whatsoever scituate lying & being or arising within or between the said limits & bounds or any of them. Furthermore all that tract of land or p' of New Engl, or p' of America aforesaid which lieth within or between & extendeth itselfe from the utmost limits of Cohbisecontee alias Comaseconte which adjoyneth to the river of Kenebeke alias Kenebekike towards the western Ocean & a place called the falls at Nequamkike in America aforesaid, and the space of fifteen English miles on each side of the said River comonly called Kenebeck River & all the said River called Kenebeck that lieth within the said limits & bounds Eastvs^ard Westward Northward or Southward last above menconed, and all lands grounds soyles rivers waters fishings hereditaments & profitts whatsoever scituate lying or being arising happening or accrewing or which shall arise, happen or accrew in or within the said limits & bounds or either of them together with free ingresse egresse & regresse with ships boats shallops or other vessels from the sea com- only called the Westerne Ocean to the said River called Kenebeck & from the said River to the said Westerne Ocean, together with all prerogatives rights royalties Jurisdiccons privileges franchises lib- 52 LAWS OF THE [PART I. erties & immunities & also marine liberty with the Escheats & Cas- ualties thereof the Admiralty Jurisdiccon excepted, with all the interest right title claime & demand whatsoever which the said Councell & their successors now have or ought to have or may have & require hereafter in pr to any the said porcon or tract of lands hereby menconed to be granted, or any the premises in as free large ample & beneficiall manner to all intents construccons and purposes whatsoever as the said Councell by virtue of his Ma''«s said Jj^ Patents may or can grant ; To have and to hold the said tract and tracts of land, & all & singular the premises above menconed, to be granted with their and every of their appurtenances, to the said William Bradford, his heires, associats & assigns for ever to the onely proper & absolute use & behoofe of the said Will. Bradford, his heires, associats & assignes forever ; Yeilding & paying unto our said Sov. Lord the King, his heires & Successors forever one fift part of the Oare of the Mines of Gold & silver, & one other fift part thereof to the President & Councell, which shall be had, possessed and obtayned within the precincts aforesaid for all services and demands whatsoever, allowing the said W. Bradford, his associats & assignes & every of them, his & their factors, agents, tenants & servants, and all such as he or they shall send & imploy sbout his said particular plantacon, shall and piay from time to time freely & lawfully goe & returne, trade & traffick as well with the English as any the natives within the precincts aforesaid, with liberty of fishing upon any part of the Sea Coast & Sea Shores of any the Seas or Islands adjacent, & not being inhabited or otherwaies dis- posed of by order of the said President & Councell ; Forbidding all others to traffick with the natives or inhabite any the said limits with- out the speciall leave of the said W. Bradford his heires or associats, and allowing the said W. Bradford his heires & associats to take apprehend seise & make prize of all such persons their ships & goods as shall attempt to inhabite or trade with the salvage people as aforesaid &c. Moreover whereas in the first beginning of this Colony divers merch's and others of the City of London & elsewhere adventured divers sums of money with the said John Carver, Will. Bradford, The purchase of Ed. Wynslow, William Brewster, Isaack Allerton and the rest the plantation of ^ . . divers merchants their associats on certaine termes of p'nership to continue for the and others of ,. rn, . , , . . , , , London, and terme ot seaven yeares ; I he said terme being expired the planta- esew ere. ~^^ ^^ reason of the manifold losses & crosses by sea & land in the beginning of so great a worke being largely indebted, & no meanes to pay the said debts but by the sale of the whole, and the same PART I.j COLONY OF NEW PLYMOUTH. 53 being put to sale we the said Will. Bradford, Edw. Wynslow, William Brewster, Isaack Allerton & other our Associats the In- habitants of New Plymouth & elsewhere being loath to be deprived of our labors bought the same for & in consideracon of eighteen hundred pounds starling viz' all & singular the prlviledges lands goods buildings chattels ordnance, municon or whatsoever appur- tayned to the said plantacon, or the Adventurers with all & singular the priviledges thereunto belonging as appeareth by a deed between the said Isaack Allerton then Agent for the said Will. Bradford & his Associats on the one pt. and John Pocock, Rob' Keyne, Ed- ward Basse, James Sherley & John Beauchamp on the other pt., being thereunto deputed by the said merchants & the rest adventuring as aforesaid as appeareth by a deed bearing date the sixt of Novem- ber in the third yeare of the raigne of our Sov. Lord Charles by the grace of God King of Engl. Scotl. France, & Ireland, &c. Anno Dom. 1627. Be it knowne therefore unto all men by these prSts, That according to our first intents for the better effecting the glory of God, the enlargement of the dominions of our said Sov. Lord the King and the speciall good of his subjects, by vertue as well of our Combinacon aforesaid, as also the severall erants by us procured By yn'ue of ihe ' o ./ r rights and privi- in the names of Joh. Peirce and Will. Bradford their heires and leges as before recited, grants of Associats, together with our lawfull right in respect of vacancy land are mnde. donacon or purchase of the natives, and our full purchase of the Ad- venturers' before expressed have given unto allotted assigned & granted to all and every p. son & persons whose name or names shall follow upon the publick Record such propocon or proporcons of grounds with all & singular the priviledges thereunto belonging as aforesaid to him or them his or their heires & assignes successively forever ; to be holden of his Ma''e of Engl, his heires and successors To be held as of as of his Mannor of East Greenwich in the County of Kent in free East Greenwich. and comon Soccage, and not in Capite, nor by Knights service ; Yielding and paying to our said Sov. Lord the King, his heires and Successors forever, one fift pt. of the Oare of the Mines of Gold & Silver and one other fift pt. to the President & Councell which shall be had possessed and obtayned as aforesaid. And whatsoever lands are granted to any by the said William Bradford, Edw. Wynslow, William Brewster, Isaack Allerton their heires & Associats as afore- said being acknowledged in public Court & brought unto this booke of Record of the severall inheritances of the subjects of our Sov. L. record of a grant . of land given by the King withm this Government it shall be lawfull ior the Gov"^ of the Governor un- ^T -^, T <• ■ 1 /• ■ • ■ 1 • der the common New Plymouth aforesaid from time to time successively to give seal, to be suffi- under the Comon Scale of the Government a coppy of the said tme.' *" ^""^^ ° 54 LAWS OF THE [PART I. grant so recorded. Confirming the said lands to him or them his or theire heires & Assignes forever, with the severall bounds and hmits of the same ; Which shall be sufficient Evidence in law from time to time and at all times for the said p^'" or p''es his or their heires or assignes. To have and to hold the said portion of land so granted bounded and recorded as aforesaid with all and singular the appurte- nances thereunto belonging to the onely prop, and absolute use and behoofe of the said p'''^ or p''"^ his or their heires and assignes forever, A FORME OF EVIDENCE FOR THE PARTICULAR HOLD OF LANDS WITHIN THE GOVERNMENT OF NEW PLYMOUTH. Be it knowne unto all men by these prnts, That such a portion of land bounded so & so, and contayning so many acres was granted and in publick court confirmed by William Bradford and his Asso- ciats, holden at New Plym. the S'' of Jan. in the 12* yeare of the raigne of our Sov. Lord Charles by the grace of God King of Engl. Scotl. France and Irel. &c. to A. B. his heires and assignes forever, The said lands to be holden of his Ma''<= and his successors as of his Manner of East Greenwich in the County of Kent in free and com- on soccage and not in Cajnte ; To have and to hold the said lands, and all and singular the appurtenances thereunto belonging to the said A. B- his heires and Assignes forever ; Yeilding and paying to our said Sov. Lord the King his heires and successors forever one fift p* of the Oare of the Mines of Gold and silver, and one other fift pt. thereof to the President & Councell which shall be had possessed & obtayned within the precincts or limits of his said bounds before expressed for all services & demands whatsoever. In witness whereof I E. W. Gov' of New Plymouth aforesaid, for our Sov. L. the King this pr°' yeare of our Lord 1636, by vertue of the power comitted to m.e have signed this deed, declaring it to be full absolute & sufficient evi- dence to the said A. B. his heires and assignes forever for the hold of the lands above menconed with all and singular the appurtenances thereunto belonging in as full and ample manner as may be yielding and paying as a foresaid, and for further confirmacon have signed this deed & put to our comon Scale of Government the tenth of Febr. in the said 12* yeare of the raigne of our Sov. Lord Charles by the grace of God, K. of Engl. Scotl. France & Irel. &c. Pr me E. W. G^ At the gen'all Court held at New Plymouth the S^ of January 1636 in the XII* yeare of the raigne of our Soveraigne Lord PART I.] COLONY OF NEW PLYMOUTH. 55 Charles by the grace of God of Engl. &c. Kinge defender of the fayth &c before Edward Winslowe gent. Gov' Will. Bradford Thomas Prynce John Alden Steeven Hopkins W" Collyer Tymo- thy Hatherley and John Browne Gentle. Assistants &c. Whereas M'. Hatherly in the behalf of the church of Scituate in- formed this Court That the place for ought they can yet decerne is too streate for them to reside comfortably upon and that the lands adjacent are very stony and not convenient to plant, upon — where- by they are disabled to receive any more neighbours for their more comfortable societie it is therefore consented unto and agreed upon by the Court, That the said Inhabitants of Scituate shall have liber- The inhabitanis tie to seeke out a convenient place for their residing within the colony ^^^^ "I'i'terty to and to give notice thereof to the Gov"^ and assistants that they may ^^'^^ ^ newresi- cause the same to be viewed, and if the same shalbe thought convenyent then to be granted unto them unlesse there shall be some other lands found fitt to be layd to them for theire moore comfortable subsistence at Scituate. THE CDTT AT MARSHFIELD TO BE ENLARGED. It is also ordered by the Court that the Cutt at Greenes Harbor for a boate passage shall be eighteene foote wide and sixe foote Tobeisfeetwjde deepe. And for the manner how the same shalbe donn for the better ^°'' ^ '*®' "^^^P- ordering thereof it is referred to the Gov'' and Assistants with the help of John Winslowe Jonathan Brewster John Barnes & Christo- pher Waddesworth, as well to proportion every man equally to the charge thereof as also to order men that shall worke thereat, that ten The Governor to men may worke together there at once and that the Gov^ or whom work"or™appo'in1 he shall appoynt shall oversee the same that it may be well performed. H^^ °^^" P"' PLIMOUTH TO MAKE ORDERS. It is also ordered and enacted by the Court that the Inhabitants of NevF Plymouth shall have liberty to meete together, to make orders for the herdinge of their Cattle and such other things as shalbe need- full for their moore neighourly liveing together. It is ordered by the Court, That the corne of John Jenney The bench to de- Thomas Willet and George Watson seized by the Gov' to the use be''lon?wUh'''the of the Collony by virtue of a former lawe shalbe referred to the ^°™ &c "''" '^"^ bench to deale therein as they shall see cause. 56 LAWS OF THE [PART 1. TREATY ABOUT THE TRADE. It is order by the Court, That Mr. Collyer Mr. Hopkins, Mr. Browne, Mr. Done John Jenney Jonathan Brewster John Wins- lowe and Thomas Willett shall treate with those that have the trade in their hands & to prepare such conclusions concerning the same, That the Court being made acquainted therewith and approveing thereof may conclude the same with them. At the Gen'all Court held the VII'^ March 1636, Mr Bradford, Gov. Whoever shoots It is Concluded upon by the Court, that if any shall shoote of a in the night time ... . , , . , ,■ , shall be fined 20 peece at any lowie or otlierwise m the night tyme betwixt day light &c. ' and day liglit shall forfaite twenty shillinges for every shott to be payd 1658; ^ '" to ^^^ treasurer to the use of the Collony, except he shoote at a woolfe or for the findinge of some man lost. ALLARUM. Shooting three It is also Concluded upon by the Court That three pieces shott of times to be con- ,. , i .' r sidered an alia- distinctly One after another shalbe an allarum. And two peeces to rum, and twice to . . ~ , give warning of give wameing 01 some house on fier. nre. Re-enacted in 16S8. MILL AT PLIMOUTHi John Jenney to It is concluded upon by the Court That Mr. John Jenney shall have liberty t)) , ,., t.,., . • ,. , , . ,. ^ erect a miif, and "^ve liberty to erect a Milne for grinding and beating of Corne upon to ta e to . jjjg brooke of Plymouth to be to him & his heires forever ; And shall have a pottle of Corne toule upon every bushell for grinding the same for the space of the two first years next after the said Milne is erected and afterwards but a quart at a bushel for all that is brought to the niilne by others, but if he fetch it and grind it himselfe or by his servants then to have a pottle toule for every bushell as before. LADDERSi Forasmuch as great losses have heretofore happened by fyer whereby men have had their houses and goods within the same utterly consumed, which might have been prevented in some good measure if Ladders could have beene had neere hand. It is therefore enact- Every household- ed by the Court That every householder within this Colonv & Cov- er to have a lad- "^ j %^ ^^r der. ernment shall have one sufficient ladder or ladders at least about his house which will reach ye top, upon penalty of every such default to forfaite tenn shillings to be leavyed to the use of the Government. PART I.] COLONY OF NEW PLYMODTH. 57 INHABITANTS OF PLYMOUTH. It is enacted by the Coui't, That noe person or persons hereafter None to live in * the colony with- shall be admitted to live and inhabite within the Government of JNevs^ out the consent of Plymouth without the leave and likeinge of the Governour or two assistants. of the Assistants at least. lese. WATCH FOR THE SAFETY OF THE GOVERNOR. It is enacted by the Court That there shalbe a watch of foure men Fourmeniokeep ■' . watch at New hyred to keepe watch at New Plymouth at the publicke charge for Plymouth. the safety of the person of the Governor. And the Towne of New Plymouth to add more men unto them to strengthen them as neede shall require. 1687. It is concluded and enacted by the Court, that the colony of New J™*- , •' I ■ J 'jijjg colony lo Plymouth shall send forth ayd to assist them of Massachusetts Bay send aid to Mass, , ~ ... . 1 T-. • T 1- • ^""^ Conn. and Conectacutt m their wars agamst the l-^equm Indians m reveng of the Innocent Blood of the English, W^*" the s'^ Peqiiins have bar- borously shed and refuse to give satisfaccon for. It is also enacted by the court that there shall he thirty persons Thirty persons .' •' '^ for the land sei sent for land service, and as many others as shall be sufficient to vice. manage the Barque. It is enacted by the Court that if any man having any parcells or Ten shiiiinss to vessells of herings at the weare growing noysome, and shall lett them ^y who'shaii a^ remayne there one day after they shall be warned thereof, the partie mainTt'"tL'we1r so delinquent shall forfait ten shillings for the said parcell of herings, J,'oiso^J become be it firkin, barrell or hodgshead, or any other vessel, and to have no more hearings untill they have payd the fyne. It is enacted by the Court, That Ducksborrow shall become a Duxbury made a Towneship and unite together for their better securitie and to have the priviledges of a Towne onely their bounds and limmits shalbe sett and appoynted by the next Court. It is also ordered by the court that there shall be a guard of twelve The governor to ^ have a guard of musketiers to attend the p. son of the Gov'ner on the Lord's day and 12 men. at other times when it shall be required. OF FISH. „.'-''^'' Six score and It is enacted by. the court, that six score and twelve fishes shall be a^iunted'one''* accounted to the hundred of all sorts of fishes. ' hundred. Re-enacted m « 1658. 58 LAWS OF THE [PART I. SIVINE. Swine lo be ring- It is eiiacted by the Court, That all Swine wiihin these Colonies cd. shalbe sufficiently ringed after they shall be tenn weeks old, and if that any shalbe complayned of to be unruly, that then they be yeoked upon the penalty of sixpence for every swine that shalbe found un- ringed and not presently ringed upon warneing given thereof, and this to be donn by the first of November next. Taunton. Taunton began here to be added to this booke. A f^'er act sus- Whereas Mr Thomas Prince is this court elected Governor and pended in favour in regard of an act of the court requiring his residency and gover- ment to be held at Plymouth and that Mr Prince was very unwilling and refused to undergoe the same, yet takeing the same into further consideracon, was willing (at the request of the court) to condiscend thereunto upon two condicons w'^'' were these first, that Mr Bradford would still continue Governor untill Mr Prince could provide him- self in some measure fitt for the place whereunto Mr Bradford con- discended so that it might not be longer than the next quarterly court, and the second condicon was that the court would dispense w* the said act and that he might reside at Duxborrow (if w'l'out manifest detriment he cannot remove to Plymonth), the w'^h he pro- miseth to do if possibly he cann, and in the meane season to keepe his quarterly courts at Plymouth, whereunto the court did consent, laying aside the force of the said act for this p''sent, but not to be a ' p'sident for tyme to come. Old officers to It is also agreed upon by the whole consent of the court, that Mr continue in office ^-i r ■ • till next court. Bradford shall continue Go\' untill the next court, and the assistants also to continue in their places upon their former oathes until then, and likewise that the grand jury and constables do continue in their places and offices until the next court also. 1638. June. It is enacted by the court, that no householder within this govern- No householder t, ii i • to take a servant ment Shall take any servant coming out of his tyme or other serant, ship wXhim."^ A^t is not of manual trade into partnership with him upon penalty to Contracts of ser- forfeite five pounds sterl. for every such default, except he shall be vants to be re- ,. ^ ^ ' r corded. allowed by the gov'' & assistants so to doe. And that all contracts hir°ed7odeL'rhan '"°'' servants for any tyme shall be recorded before the gov' or some Erasedln'the °"^ °^ ^^^ assistants. And that none shall hire a servant under half original records, a year. PART I.] COLONY OF NEW PLYMOUTH. 59 Whereas there is a £;reat abuse in takeing; of tobaccoe in very un- Sept. . => ° ■' Penalty for tak- civill manner openly in the Tovvne streets and as men pass upon the ing tobacco. heigh wayes, as also in the fields and as men are at worke in the original records, woods & fields to the neglect of their labours, and to the great re- proach of this government, it is therefore enacted by the court, that if any shall be found or seene taking tobaccoe in the streets of any tov?ne wi*in the Colonys of this gov^^ment, or in any barne or out- house, or by the heigh wayes, and not above a mile from a dwelling house, or at his vrork in the fields, where hee doth not dyne or eate his meate, that every such person or persons so offending shall forth- with pay xii<^ for every such offence as oft as he, or they shall so offend, and shall be lawful upon informacon for the constable of the towneship or next to the place where such offence shall be commit- ted to distrayne his goods for yt ; if he refuse to pay it upon demand. And for boyes and servants that shall offend herein and have nothing to pay to be set in the stocks for the first default, and for the second to be whipL FIREING OF WOODS. Whereas many have sustayned great damage by the indiscreet Firing of woods fireing of the woods It is by this p''nte order for bidden to any to cept— set fyre on them except betweene the first day of the month of February and the middest of the month of A prill. And that what- soever damnage cometh to any by the breach of this order in fireing the woods otherwise to be made good by the delinquent, and when- soever any are justly occationed to fyre the same they shall give warneing to the neighbours aboute them, and if any person fire ye woods yet hath noe just cause so to doe, he shall forfeite X-' to je countries use or be whipt. NORTH FERRY. Whereas there is greate need of a ferry boat to be erected to Sept. transport men and cattell over the North River, many complaineing Nonh Sver. ^ of the want thereof and such as passed that way were at great charge, & put to many inconvenyences for want thereof. For the redressing whereof, It is enacted by the Court, That there shall be xii'' for every family levyed throughout the Govern' towards the charges of the building of two vessells, or boats for the Transportacon of men and Cattell over the said River at the now passage place, and that Mr. Jonathan Brewster shall have the keepeing and the profitts of the said ferry to have and to hold to him and his heires forever, and shall build and from tyme to tyme mayntaine two sufficient boats or vessels, one for the carrying of men and another for carrying of Cat- 60 LAWS OF THE [PART 1. tell over the said North River with a sufScient man or two to attend Rales of toll. them. And shall have these rates for the first yeare, viz', for a man S''. for a horse and his rider 6'' — for a beast 6'' — for swine and goates 2''. a piece. And after the first yeare for a man 2"^. for a horse and his rider 6i. for a beast 4*^., and for a goate or swine 1"'. of all men of what plantacon soever. BRIDGES. Bridges to be Whereas there is great necessitv of a bridge over the South built over South ° ' ^ _,. river, Joanes riv- River, another over Joanes River and another over the Ji.ele River, e river. ^^ .^ enacted by the Court, That the Inhabitants of Scituate shall build a bridge over the South River, and that the Inhabitants of Sandweech and Mattacheese or Yarmouth shall build a bridge over the Eele River, and the Inhabitants of the Towneships of Plymouth and Duxborrow shall build a bridge over Joanes River. All which said bridges to be made passable for horsemen and footemen, and that there be a ferry boate kept in the interim to carry men over Joanes River, especially at the Court tymes or other special occations. None allowed to Whereas there is great abuse complayned of by buying and re- purchase goods _ ° , , . . for the purpose of gratinge goods and commodities, which come in boates and vessels enhancing the i i • t • i • t ■ v-^ in* i price. to be sould in divers places within this Coverment, and sellmge the Erased in the ... , , it • r original. same againe m the same towne and markets to the disappoynting oi the necessyties of many and oppressing them in the price, when their necessyties do constraine them to buy them at any price. It is enacted by the Court, That none shall so buy any goods or comody- ties comeing to be sould at any Towne within this Govern' by land or water to engrosse them into their hands to the end the price may be enhaunced by selling them againe in the same towne or markett, except he buy by wholesale to retayle the same againe at reasonable gaine ; the abuse to be enquired of by the Grand enqueste and upon their presentment to be censured by the discretion of the Bench. OATH OF FIDELITY. Owh offideiit to Whereas divers persons are come to dwell in severall plantacons be administered within the Govem' without leave of the Govern' or taking the Oath by some of the . ° Assistants. 01 fadelitie Contrary to the acts of this Court and because there are not magistrates dwelling in such places to exhibite the said Oath unto them. It is therefore enacted by the Court That such of the As- sistants as the Govern' shall think fitt shalbe especially assigned to repaire to such places and to require the said oath of them, and for such as shall refuse to take yt That they be appoynted to repaire PART I.] COLONY OF NEW PLYMOUTH. 61 to the Court at Plymouth: And that such as shalbe appoynted to The charges of , , , . . public officers to be ymployed herein or in any other publike businesse have their be paid by the charges borne by the Publike. '' MARRIAGE. Whereas divers persons unfitt for marriage both in regard of their No person aiiow- ^ . ° ° cd to court a yeong yeai-es as also in regard of theire weake estate, some practise- daughter or ser- i_ 1 • r 11 1, • 1 1 !• ■^«"" without the mg the enveagleing ol mens daughters & maids under gardians con- consent of her fa- trary to their parents & gardians likeing and of mayde servants with- Re-enacted in oat leave and likeing of their masters. It is therefore enacted by the Court, That if any shall make any motion of marriage to any mans daughter or mayde servant not haveing first obtayned leave and con- sent of the parents or master so to doe shalbe punished either by fine or corporall punishment or both at the discretions of the bench and according to the nature of the offence. It is also enacted that if a motion of marriage be duly made to the Where the mas- , *er refuses to give master and through any sinister end or covetous desire he will not consent, an ap- peal may be consent thereunto, Then the cause to be made knowne unto the made to the ma- Magistrats and they to set downe such order therein as upon exam- Re-enacted in inacon of the case shall appeare to be most equall on both parts. MILLNERS TOLLE. It is enacted by the Court, That the Milner of Scituate shall not The miller at take above the sixteenth part of a bushell for grinding such Come as lowed to take is brought unto the Milne. And whereas there are divers other Mil- s'ixie^enth'part*'of ners within this CoUony who are allowed competent toule for grind- F|'o <<"■ grmd- ing and do not grind Come as they ought to doe. It is enacted by Penalty for not the Court that such MiUners shall either grind their Corne sufficiently fy, or else that upon complaint to the Court thereof and the thing proov- 1558.°^'^"^ '" ed the miller shall pay for every such default 6'' for every bushell to the party greeved and 6''^ to the Treasurer for the Colonies use. LABORERS WAGES. It is enacted by the Court according to the former acts of this Wages of labor- 6rS not to GXCGGQ Court concerning labourers wages That a labourer shall have 12"^ a 12 pence per day, day and his dyett or 18'' a day without dyett and not above through- Repealed Sept. out the Govern^. ^^^^• SWINE. It is enacted by the Court That Swyne may be unringed from the Swine may go first Tewsday in December to the first Tewsday in March following ^"^uesda^Sn notwithstanding the former ordinance to the contrary. fi'rirTuesday'^u March, 62 LA.WS OF THE [part TRANSPORTINGE PERSONS INTO PATENT. Masters ofvesseis jt is enacted by the Court, That if any Master of a Boate shall forbidden to bring- •' ... passengers into brine any passengers or suffer any to be broueht in his Boate into the corony with- b J f ° •' ° out leave. any plantacon within the Govern' and not have leave so to doe 1658, with altera- either from the Govern' or Committees of the place shall keepe them whilst they stay and recariy them and their goods to the place from whence they came. DYETTINGE IN ORDINARIES. For asmuch as greate inconveniences have beene occationed by None allowed to resort to ordina- ries in the town yeong men and other labourers that have dyeted in Inns and Ale- side, houses especially who have had other houses to repairfe unto in the Re-enacted in 1658. same Tovvne It is therefore enacted by the Court, That none shall dyett in Inns or Alehouses nor haunt them, which are in the Townes they live in, nor make them the ordinary place of their abode. March. Concerning the ferrymen at the North river It is ordered and con- lowed the ferry- cluded upon by the Court, That if he shall carry onely one man both river for each ovcF the North & South river bee shall have foure pence, but if there over°'excepT-— be moore than one to set over then hee shall have but two pence a peece for as many as he can carry at once, and likewise that he shall have 2'^ a person forever for carrying them over the north river. WHO TO EXERCISE ARMS. Concerning such as are allowed to exercise men in Amies in the severall Townes within this Govern' the Court doth order as follow- eth. That M' William Vassell & Wm. Hatch shall exercise the Inha- bitants of Scituate in their Armes. That Captaine Poole shall exercise the Inhabitants of Cohannett in their Armes. That Captain Slandish shalbe for Plymouth. For Duxborrow Leeftennant Holmes For Sandwich John Blakemore For Yarmouth Will™ Palmer. For Barnestable M^- Thoni. Dimmack For Marshfield M^- Nathaniell Thomas. Persons not free- men allowed to vote in town af- fairs at Scituate. Erased in the original. It is enacted by the Court there shalbe as many of the Inhabitants of Scituate in number, which are not freemen added to the freemen there for ordering and concluding the Townes affaires for fencing of grounds, bearding of cattle, and such like occations, or els the whole Towne to meet together. PART I.] * COLONY OF NEW PLYMOUTH. 63 DEPUTIES. Whereas complaint was made that the freemen were put to many Deputies to be ^ •' chosen. inconveniencies and great expences by their continuall attendance at the Courts, It is therefore enacted by the Court for the ease of the severall Colonies and Townes within the Government, That every Towne shall make choyce of two of their freemen and the Town of Plymouth of foure, to be Committees or deputies to joyne with the Bench to enact and make all such lawes and ordinances as shall be judged to be good and wholesome for the whole, provided that Their powers in the lawes they doe enact shalbe propounded one Court to be con- ^'"'""^ ^"'*' sidered upon till the next Court, and then to be confirmed, if they shal be approved of except the case require present confirmacon, And if any act shall be confirmed by the Bench and Committees which upon further deliberacon shall prove prejudiciall to the whole. That the freemen at the next eleccon Court after meeting together may repeale the same and enact any other useful! for the whole. And Re-enacted in 1 rn ' 1 • T n' 1 1 • ^N 1658j and the tnat every iowneship shall beare their Committees charges, and that pay of deputies such as are not freemen but have taken the oath of fidelitie and are day. ^' * ^^' masters of famylies and Inhabitants of the said Townes as they are to beare theire p' in the charges of their Committees so to have a vote in the choyce of them, provided they choose them oaely of the freemen of the said Towne whereof they are : but if any such Co- mittees shalbe insufficient or troublesome, that then the Bench and thother Comittees may dismisse them, and the Towne to choose other freemen in their place. 1639. At the genall court held the 4th June 1639. ju^e It is enacted by the Court That, if any man shall sell or lend any '^?,'"' allowed to ■' J J J sell or lend guns, kyndof guns, peeces orpistolls, or any shott, leade or powder to any &c to Indians. ■^ Erased. Indian, hee shall be punished for yt at the discretion of the Bench. It is enacted by the Court, That every house holder within the ^'^^ ^""^ •'emp ■' to be sown. (jrovernmen' shall sowe one rodd of ground square at least with Erased, hemp or flax yearely, and some one in every Towne to be appoynted to see the same donn, and present it to the Court in June yearely. MARKETTS & PAYEES. It is enacted by the Court, that there shalbe a markett kept at Ply- Sept. mouth every Thursday, and a faire yearely the last Wensday in whenkepT '^*'" 64 LAWS OF THE [PART I. May, & to continue two days and a faire at Duxborrow the first Wensday in October yearely, & to continue two days for all cattell & comodyties. The gov. or any It is enacted by the Court that if an highway bee wanting in any ^'"ay^emfannei a township of this Govem' upon due complaint that then the Gov-^ or {"gCay ""' ^ any of the Assistants impanell a Jury and upon oath charge them to lay Re-^enacted in ^^^ ^^^j^ ^^j^^ ^^^^ f^^ j^^^.g^ g^j f^^i ^g ;„ Consience they shall find most benificiall for the Comonwealth, and as little prejudiciall as may bee to the particulares, and that all old pathes shalbee still alowed except other provision bee orderly made ; and that where there are alowed foot pathes over any mans ground which is fenced up ; the owners of such fences shall make convenient stiles or gates. IDLENESS. Grand jurors to . Yov the preventing of Idlenesse and other evills occationed there- 'aliy" per^n! Hve by, It IS enacted by the Court, That the Grand Jurymen of every suc^h^'bl" "^^"^^ Towne shall have power within their severall Townships to take a the'lI'v.&'^sLt. speciall view and notice of all manner of persons, marryed or sin- gle dwelling within their severall Townes, that have small meanes Re-enacted in to mayntaine them and are suspected to live idlely & loosely, & to aUeratToI), 'ai-^ require an account of them how they live, and such as they fynd de- sons'tote"''"' linquent and cannot give a good account thereof unto them, that they brought before ^^^^^ ^j^g Constable to bring them before the GoV and Assistants of the town where gj Plymouth the first Court of Assistants after such delinquents they live. .' . , shalbe found out, That such course may be taken with them as m the wisdome of the Govern' shalbe adjudged just and equal!. TOWNES TO MAKE OEDEES. Towns allowed It is also enacted and conclued by the Court, That all the Towne- movided— ' shipps within this Govern' allowed or to be allowed shall have liberty 1658," exrept" the to meete together and to make such Towne orders as shalbe needfull last clause. ^^j requisite for the bearding of Cattell and doing such other thinges as shalbe needfull for the mayntenance of good neighbourhood, and to set penalties upon delinquents, Provided that their orders be not repugnant nor infringe any publicke acts, And that the fines and pen- alties shalbe disposed of afterwards to their particular Townes, Also that the fynes exceed not the sum of tenn shillings for any one fyne. Trade to be con- It is also enacted that the Trade shalbe continued in M"' Brad- tinued in the hands of Mr. ford's and his p'ners hands during the terme which is till November Bradford and .. partners. como twelve Hionths and that M'' Bradford shall have ye 80* waight of beaver given the colony for the first yeares profitt for xxxv^ sterl. PART I.] COLONY OF NEW PLYMOUTH 65 That there be fourty pounds yearly equally levyed by the towns Salary of ihe within the govfinent to be allowed the Gov' for the tyme beinge to- Erased in ibe ori- wards the defraying of the charge of the place and to be encreased ^' hereafter as need shall require. 1639. Acts made and confirmed at the genall court the S"^ of March 1639. SERVANTS COMINGE OUT OF ENGL. That no servant comeing out of England or elsewhere and is to Servants not al- „ lowed to buy their serve a master for some tyme be admitted his freedome or to be for time, unless, &c. himself untill he have served forth his tyme either with his master or 1653. some other although he shall buy out his time, except he have beene a house keeper or master of a famyly or meete and fitt to bee so. TRADING GUNS AND POWDER &C WITH NATIVES. That no man shall give, trade, truck or exchange directly or indi- Trade with the rectly with the Natives or Indians (other then Englishmens servants) cd.'^°^ ^"' ' "' to give or pay him any money gould or silver for the same upon the J^j's"^'^'^'^ '" penalty to forfaite twenty for one by him or her that shall so doe. The like penalty also upon any that shall give trade truck or ex- No arms, &c., to , .u t . /. i . 1 r -n* r ^^ sold to the In- change w'" the natives for any kind of milhtary armes as guns of any dians or mended length, or sort whatsoever or any shott lead buUetts or powder or °' ^'"" swords daggers or rapiers or mend or repair any kynd of peece for them or armes to forfaite twenty for one. CONSTABLES AND THEIR DEPUTIES. That the Constables that live remote hence in the further planta- Constables, who cons shalbe freed from attendance at the generall Courts after they required to attend are sworne except there be special! cause and that if the Constable of any towne do goe from hoame he shall depute some other man in May appoint de- • ■ .1-11 1 i_ P"''«s- his roome untill his returne provided it bee such person as hath ke-enacted in borne the same place & for default to forfeit ten shillings. P^FANE SWEARING AND CURSING. That whosoever shall prophanely sweare or curse by the name of penalty for pro- God or any of his titles attributes word or workes upon proofe there- Re!enacted"in of made by sufHcient Testymony or confession of the party he shall ^^^^• 9 66 LAWS OF THE [PART I. pay for every such default xii<^ or be set in the stocks so that it ex- ceed not the space of three houers or putt in prison according to the nature and quality of the person. ^mn"edto°ih"e''^ Whereas in regard that the Govern' hath often fallne upon one Governor. gnd the Same person which hath beene very burdensome unto him and an impoverishing of his estate, The Court doth therefore enacte and conclude that the twenty poundes for this yeares benefitt of the trade shalbe payd to the Gov'" towards his charges in sustayneing the place and that the Townes within the Govern' shall add thereunto what every man shall think meete & convenyent and pay it to the Treasurer for his use. Commission to That the Comission directed to Mr. Bradford & M''. Winslovv Mr. Bradford and r \ • p i i i i • t r -r»i t o Mr. Winsiow re- lor the Setting 01 the bounds betwixt the two patents oi rlymouth & Mattachusetts Bay be renewed for six months. Cohannet called That Cohannet shalbe called Taunton. That two sufficient men one of Yarmouth and another of Barnesta- Mr. Freeman and ble be yeavely chosen & nominated against the next Court to be terreine suits for joyned with M'. Freeman of Sandwich to heare and determine suits three pounds."™ and controversies betwixt pty and pty within the towneship not ex- Repealed, ceeding three pounds. HERRINGE WEARES. A weir to be It is enacted by the Court That a herring ware to take fish shalbe river. erected at Joanes River, and that such as will put in their stock or money at the first for the erecting of the same shall have an answer- able proporcon of gaine and if it prove prejudiciall to the general! that then upon payment of the charges to be pulled downe. Also at other The like liberty upon the like conditions are graunted to erect crocks UDon tliG same conditions, wears to take fish at Mortons hole Blew flish River Eagles Nest Greens harbour & the Eele River or any other Creeke. That all contro- Whereas upon a proposicon made by the Grand Inquest at the dfs'posingof lands Generall Court held the fift day of March 1638 by what vertue & hirndreT^pounds powcr the Gov^ and Assistants do give and dispose of lands either to ihe'purf base^rs '° particular persons or Towneshipps and Plantacons where upon ever since there hath beene a Cessacon of the Graunt of lands to any persons by the Govern'. And now upon heareing and debating the controversies matters and differences about & concerning the same in the Publicke Court, And whereas there was a large sume of money disbursed by those that held the trade viz'. M^. Bradford M'. Prence Captaine Standish & the rest of their partners for the enlargement of the Patent of New Plymouth in New England, In consideracon PART 1.] COLONY OF NEW PLYMOUTH. 67 that all controversies & differences about the same may hereafter cease and determine, whether betwixt the purchasers old Commers, freemen or others about the same, The Court hath by mutuale assent & consent of all as well purchasers old comers as freemen enacted & concluded that there shalbe three hundred pounds sterl. or so much as shalbe required jaot exceeding the said sume of three hundred pounds payd to those that hold the trade viz'. M^. Bradford Mr. Prence Capt Standish and the rest of the p'ners towards the charges of the enlargement of the said Patent if the same shalbe required out of the personall estats of the said M''. Bradford M''. Prence Capt Standish & the rest of the p'ners which said three hundred pounds or lesser sume shalbe levyed upon the plantacons by such equall How raised, way as shall be thought meete. And that they Purchasers or old Comers shall make choyce of two or three places for themselves & The old comers their heires before the next December Court & that after such choyce certain lands for made and establised all the residue of the lands not formerly graunted io™urrender 'the forth either to plantacons or particular persons shalbe assigned & sur- rest to the colony. rendered into the hands of the whole Body of the freemen to be disposed of either by the whole Body, or by such persons as shalbe by the whole Body of freemen assigned and authorized. And that all lands already graunted either to plantacons or particular per- sons shall stand and remayne firme to them, their heires and asssignes forever to whom they are so given and graunted. Provided that all lands shalbe now free to graunt to such persons as stand in neede in the Plantacons now made save that there shalbe no more Plantacons erected untill the Purchasers have made their choyce as aforesaid, And whatsoever shalbe further materiall & requisite in law for the confirmeing &. establishing this act and order it shalbe donn by Couu- sell to the intents and purposes herein contained and expressed if neede require. It is also enacted by the whole Body of the Court, That the The Governor . , , . , .... and Assistants to Gov' and Assistants shall graunt lands to particular persons within the grant land as be- Townes of Plymouth & Duxborrow as they have donn form'y until and DMbu"^""' December next. It is enacted by the Court That the prison shalbe erected at Ply- Prison to be erec- , " ted at Ph'moulh. mouth. It is enacted by the Court that the Messenger shall have thirty The messenger bushells of Come for the yeare past and thirty bushells for the yeares els of com for his comeing & to be levyed upon the whole Government. services. It is also enacted & concluded by the Court That Nathaniel Sow- Naih. Souther ther shalbe Clarke of the Court and shall have thirty pounds p. ann. lo^imve^^ail^v besides his other fees from this tyme forward to be payd him quar- be^es^'hi's^fe^'" terly by the Treasurer levying it upon the whole Collonies. 68 LAWS OF THE [part I. Towns may levy taxes to defray town charges. Re-enacled in 1638. TOWNESHIPS POWER. Whereas the Towneships within this Govern' have formerly had liberty to meete together and make some Tovvne Orders which are thought to be defective for that they conceived they had not power to make assessments rates and taxes for raiseing such necessary ex- penses as shall be disbursed about the general occations of the Townes concerning the Commonwealth, It is enacted by the Court That every Towneship shall have liberty to meete together and make levyes rates and taxes for their towne's charges and to distraine such as shall refuse to pay the same upon warrant from the Court or Gov- ernor. The Governor It is also enacted by the Court, That the Governor and Assistants fix the bounds of shall appoint and set forth the bounds of Towneshipps as formly they townships. , , Re-enacted in have donn. 1658. y 1640. Acts made and confirmed the genall Court P' September, 1640. Constables to warn meetings, when the depu- ties direct. Re-enacted in 1658. CONSTABLES TO WARNE MEETINGS. That the Constables of every Towne within the Gov' shall warne the Townesraen whereof they are to come together as they doe for other townes businesse, when the Committees shall think it fitt as well to acquaint them with what is propounded or enacted at the Court, as to receive instruccons for any other businesse they would have donne. UNSEASONABLE TAKING OF TOBACCO. Jurors forbidden That if any person or persons take tobaccoe whilst they are em- while on duty, panelled upon a Jurie to forfeit five shillings for every default except they have given up their verdict, or are not to give yt until the next day or dep' the Court by consent. Inhabitants to That the inhabitants of every Towne within the Government fitt train six times each year. and able to beare armes be trayned at least six tymes in the yeare. Persons raising That all such person & persons as have sowed any hempe or flaxe flax or hemp re- . ^ r r •> r quired to dress it. according to the former act of the Court, shall not waste the same but shall dresse the said hemp or flax or procure it to be dressed fitt for some good use and preserve the seed: And the Comittees of the PART I.] COLONY OF NEW PLYMOUTH. 69 severall Townes shall see the same so donn the week before the Eleccon Court, and to make report thereof to the Court. Upon penalty of five shillings to be forfaited to the Colonys use for every delinquent therein. green's harbor plantation. It is ordered by the Court That Greens Harbor shalbe a Towne- .March. •^ ^ ^ Made a township ship and have all the priviledges of a Towneship, that other Townes under the name have, and that it shalbe called by the name of Rexhame ; but now afterwards of Ti/r t r n Marshfield. Jnarshjield. 1641. At a gen'al Court held the 7th Sept. 1641 It is enacted that the Clarke shall have XX^ p. ann. besides his Clerk's salary, other fees and that Mr. William Paddy shalbe the treasurer this yeare 1658. and shall pay the Clarke his XX^ and give an account of his re- ceipts and payments at the Election Court. The rates of the townes for publike charges of ye ofBcers The proportion of Plymouth - - - 05. 00. GO. Lmfby each Duxburrow - - - 03. 00. 00. '°™' Scituate - - - 04. 00. 00. Sandwich - - - 03. 00. 00. Taunton - - 02. 10. 00 Barnestable - - - 02. 10. 00 Yarmouth - - 02. 10. 00. Marshfield - - - 02. 10. 00. 25. 00. 00. MYNES. It is enacted That if any man shall fiynd a mine of Gould, silver, Five pounds to leade, tinn, brass, copper or coale that shall prove to be of value or person wilo s'hail worth, shall have five pounds for his paynes to be payd in this man- Repealed.^' ner, viz'. If it be found in a mans particular ground, then he to pay for it, if in the lands of a Towneship then that Towne to pay, and if it be on the Generall Comons, then to be payd by the whole govern- ment. And if it happen that he that fiynds yt or the towne where it was found shall neglect to worke it by tbe space of a whole yeare next after it is found, then it shall be lawfull for the government to appoynt any other man to worke it for his owne benefitt. 70 LAWS or THE [part I. Court of Assist- ants to be held every month. Dec. Towns allowed to l)ind out poor children, who have no employ- ment. Re-enacted in 1658. Every township to provide pow- der, balls, &c. Re-enacted in 1668. Weights and measures to be uniform. Repealed. March. Scituate to have two constables. No tobacco to be used but such as is raised in the colony. Repealed March, 1642. Every township to provide arms, &c. at the public meetings on the Lord's day. Re-enacted in 1638. That the Courts of Assistants are to be kept hereafter every first Tewsday in the month, except at the generall Court anti then to be kept the day before. It is enacted That those that have releefe from the townes & have children, and doe not ymploy them, That then it shall be law- full for the Towneship to take order that those children shall be put to worke in fitting ymployment according to their strength and abilli- ties, or placed out by the Townes. That every Towneship in the Govern' shall provide a barrell of powder and leade or bulletts answerable, to be kept by some trusty man or men in every towne that it may be ready for defence in tyme of neede and danger. That all waights and measures in every towne within the govern- ment be made equall by one thereunto especially appoynted And that a bushell a half bushell a peck and a half peck be procured to be made by the Bay standard and that the Grand Jurymen of every Towne do assist Josuah Pratt in makeing all measures even accord- ingly and these to be donn by thend of March next. It is enacted That Scituate shall have two Constables yearly. It is enacted That no forraine Tobaccoe be bought and sold to be taken in the Govern' but such as is planted in the Government after the first of Janurary next, except what is bought & sold to and from forraine places. It is enacted That every Towneship within this Government do carry a competent number of pieeces fix'' and compleate with powder shott and swords every Lord's day to the meetings — one of a house from the first of September to the middle of November, except their be some just & lawfull impedyment. 1642. Each town to provide wolf- traps. Mr. Nathaniel Thomas to exer. cise the men in Marshfield. The Vl'h of September 1642. It is enacted by the Court that all the Townes within the Gov- ern' shall make woolfe Trapps and bayte them and looke unto them dayly upon the penalty of x« a trap that shalbe neglected. The number that eich Towne is to make is as followeth. Plymouth five Duxborrow five Scittuate foure Sandwich three Taunton two Barne- stable three Yarmouth three and Marshfield two. That Mr. Nathaniell Thomas shalbe allowed armes for the Towne of Marshfield. to exercise men m PART I.j COLONY OF NEW PLYMOUTH. 71 MILITARY OFFICERS POWER. It is enacted &c. That those that are appoynted in every Towne Commanders of military compa- to exercise men in Armes shall have power to set a fyne on such as nies auiiiorized shall absent themselves npon the days appoynted for exercise if there members, pro- be not sufficient reason given for their absence, provided the fyne ^' ^ "~ be with the consent of the company so exercised or the major part of them, and such fynes to be gathered by the Constable of the place and to be for the benefitt of that Company where such fyne shall happen. That the quarter Courts be hereafter held the first Tewsday in Quarterly courts June the first Tewsday in September and the first Tuesday in March Bm^Tuesday in yearely which shalbe the Eleccon Court and none to be kept in De- fnd MarTh.™''^'" cember as formerly and that every Court shall begin at nine of the clock in the morneing and end at foure in the afternoone. And that the monthly Courts be kept every first Teusday in every second month. MILITARY OFFICERS. That the Courts doth give power to the Townes to propound two Sept. or three persons to the Court to be in any cheefe place above the to nominate"per- degree of Serjeants to exercise their men in armes and to present thefrmeninarrns^ them to the Court and such as are approved by the Court to be es- tablished and such Officers to choose their under officers with con- sent of the Body. TRAYNINGE. That the cheefe millitary comanders of every Towne have power Military com- 11 r ,1 i • ■ it, • J i i manders of each to call forth men & to exercise men in their armes and to appoynt town authorized dayes, and the Serjeants to give warning thereof and to be donn as for t^ningand'to often as the Court hath appoynted. arms'''" '""" '° That in tyme of feare and daneer or suddaine assault of an enemie Re-enacted in •' . ° 1658. the Millitary Comander in every Towne shall have pov^'er to call the May call out their soldiers of that Towne together and putt them into a posture of warr danger. whose commands every souldier shall obey for the defence of the igg's."^"'^ '° Towneship and that they follow the directions of the millitary co- mander of that towne in keeping watch and ward, provided that the ordinary watch be set and appoynted with the Ma"'^'^ approbacon of that towne if there be any. That the millitary company have power together with their cheife Military compa- comanders to make orders for fineiug all such as shall not have their ders for fining armes compleat and shalbe defective in their appearance & exercise equipped^" 72 LAWS OF THE [part I. of amies, and to make such orders for furnishing the company with such necessaries as shalbe needfull for the exercise. Smiths required to repair defec- tive arms, and tal t e wm- and so continue untill eleven and then to rise to dinner and after din- ner to returne againe and to continue untill a convenyent hower in the evening as the Governour shall think meete, and for every hower any of them shalbe absent after they are called to pay VF pr hower except there be such sufficient reason shewed for their absence that the Court doth allow of. Provided that the first day of the Court nme of the clock shalbe the hower to meete at in the morneing. BUSHELL. It is enacted by the Court, The the Bay new busheU shall not be P^ use of the •' •' Bay new bushel used to buy or sell by nor any measures made thereby and that the forbidden, and all other measures old Iron bound bushell is established to be the measure and standard not authorized by for all the Townes within this Government and that all measure used Erased in the ori- within this Government shalbe made thereby and if any person or ^"^ ' persons do use any other either to buy or sell by they shall pay Xlld a peece to the Colonies use. ORDINARY KEEPKS ^.ND RETAYLERS OF WINE WHO AND THEIR RULES It is enacted by the Court, That none, do keepe victualling or an None allowed to ordinary or draw wyne by retayle within this Government but such without ^eave of as are allowed by the Generall Court, And that if any victualler or ' ^ °°'"'' ordinary keeper do either drink drunck himself or suffer any person Penaltyforaiiow- to be druncken in his house they shall pay five shillings a peece, drunkf ° And if the victualler or ordinary keeper do suffer any Townsmen to stay drinking in his house above an hour at one tyme the victualler 84 LAWS OF THE [PART I. ordinary keeper shall pay for every such default XIF and the person so staying above the said hovver IIP IlII'^, x\nd by drunkennesse is Definition of understood a person that either lisp or faulters in his speech by rea- dnuikenness. . ,,., , .,.., son 01 over much drink, or that staggers in his going or that vomitts by reason of excessive drinking, or cannot follow his calling. The person or persons that shall be found guilty in these or any of them shall for the first default pay five shillings and for the second default tenn shillings to the Colonies use, and for the third tyme he shalbe found faulty to be bound to the good behaviour. And if he or they cannot or will not pay the fine or fines then to be sett in the stocks, &c. MILITARY OFFICERS HOW CHOSEN. Towns to present jj jg enacted by the Court, That in case any cheefe Military Offi- to the court suit- ■' ^ .' •' able persons for cer as Captaine Leeftennant or Ensigne be wanting in any Towne military officers. .,.,.'. Re-enacted in Within this Government such Township shall present two or three persons of the fittest they have for that place to the Court and such person or persons as shall be approved of by the Court shalbe estab- lished in such place and office, And such cheefe officer to choose their under officers with consent of the Body. It is enacted by the Court, That as the Captaine Leiftennant & Ensigne of a Company are established into their places by the au- wilhoutThfcon- thoryty and approbation of the Court so such Captaine Leiftenant sent of -the court, gnd Ensigne shall not lay downe their places but by the consent and 1658. approbacon of the Court upon the penalty of five pounds for every Captaine, fifty shillings for every Leiftennant and fifty shillings for every Ensigne so laying downe his place without the leave and like- ing of the Court. And if any Captaine Leeftenni or Ensigne shall neglect to trayne their men on the dayes appoynted or shalbe necli- gent in his or their places upon proofe thereof made, shalbe fyned x« for every such default. PUBLICK ARMS. It is enacted by the Court, That every Township within this Government before the next October Court eich Towneship shall Towns to fiimish . . ^ arms.l provide two Sufficient snapbaumes or firelock peeces two swords 1658. and two pouches for every thirty men they have in their Towneship and so proportionably for their number they are to set forth be the greater or lesser which shalbe ready at all tymes for service, upon any occation upon such penalty for every delinquent as the Court shall judg meete according to the nature of the offence. PART I.] COLaNY OF NEW PLYMOUTH. 85 EXCISE. Forasmuch as their are certaine comon charges to be disbursed Excise on wines, constantly yeare by yeare, and forasmuch also as the Countrey is unwilling to defray the same by way of rate but rather by way of excises upon wines tobacco &c., It is enacted by the authority of the generall Court, That these excises shalbe imposed to be payd by all that are lycensed to retayle wines strong water and y' sell To- baccoe as followeth viz'- upon every gallon of Spanish wine eight pence, every gallon of french wyne four pence, every gallon of strong v/ater eighteen pence and every pound of Tobaccoe one pen- ny and for every share offish by strangers haveing liberty to fish at Th? clause in , ^^ « , „ . All- m italics is erased the Cape five shillings. And that m every Towneship within the in the original. Goverment the Receiver of the Excise nominated and authorised by the Court shall receive the same, And that every Retayler of ex- cised goods do repaire to the Receiver before hee or they shall re- tayle any such excised goods and make known the quantyty of them and make payment of the said excise upon them unto the said Re- ceiver four dayes in the yeer yearely viz'- the first day of August the fii'st day of November the first day of February and the first day of May and for strangers presently out of which the Receiver shall have twelve pence in the pound for gathering and receiving the same be- sydes charges of transportacon defrayed. And if any person retayl- ing any such excised Goods shall neglect or refuse to acquaint the Re- ceiver of the said Excise therewith and not pay the same at the dayes appoynted shall pay treble excise for them. And it shalbe lawfuU for every Receiver of the said Excise in every Township to goe into any Retaylers seller boate or elsewhere into any house to take notice of such goods and the quantity of them as are to be excised, and the said Receiver of the Excise shall make payment thereof yearely to When to be paid, the Treasurer for the tyme being at two c'ayes in the yeare that is to say the first day of November and the firnt day of May, and in de- fault of the Receiver either in not receiving or not paying it to the Treasurer at the dayes appoynted to pay three for one. And in de- fault or neglect of payment either in the Receiver or Retayler such sume or sumes as are growne due with their severall penalties to be levyed and taken by warrant from the Governor or some one of the Assistants. TOWN CLERK. It is enacted by the Court That there shalbe in every Towne with- A clerk to be in this Government a Clark or some one appoynted and ordained to ti,^™ " ^'^'^^ keep a Register of the day and yeare of the marriage byrth and buriall jgs'l"^'"^*^ '" of every man weoman and child within their Township. 86 LAWS OF THE [PART I. THE WIVES CONSENT TO THE SALE OF HOUSE OR LANDS. Any of the As- It is enacted &c. That the Assistants or any of them shall have sistants may lake - , . i i r acknowledgment full power to take the acknowledgement of a bargaine and sale ot houses and lands so that they keepe a book thereof and cause them The wife to ecu- to be recorded with all convenient speed. And that the wyfe here- sent to sales here- ^ ^ after made. after come in & consent and acknowledg the sale also ; but that all 16613. bargaines and sales of houses and lands made before this day to re- mayne firm to the buyer notwithstanding the wife did not acknowledge the same. PRISON^s ALLOWANCE. Two pence per jj jg enacted &c. That the Colonies within this Government shall day allowed for the maintenance allow II'' p. day to mavntaine a prisoner committed for fellony or of a prisoner. . i Three pence ai- misdemeanors, if they be not able to mayntaine themselves, and to ^Tfour in 1660. ^^ P^Y^ ^Y ^^^ Treasurer, and allowed upon his accounts. MARSHALLS FEE. It is enacted &c. That the Marshall shall have two shillings in the pound for gathering of fynes &.c. if they be not brought in by the p'ies themselves. At a generall Corte by the last session of the Eleccon Corte holden 20th October 1646. Whoever sells a It is enacted & by' the Corte ordered that whosoever shall draw less quantity of "^ wine than 10 gal- out and Sell a lesser quantity or Caske of wine than 10 gallons to Ions to be esteem- i n i i i ed a retailer. any shall be accounted a retayler. Fine for retailing That whosoever retailes beere or wine or strong water & not without licence. _ ° licensed by order of Courte shalbe fined & pay for the first default, double the value of what is so sould and retayled. REGISTER OF BIRTHS, EURIALLS & MARRIAGES. A clerk to be ap- It is enacted by the Court That there shalbe in every Towns pointed m every . z^i i town to register Within this (jrovernment a Oleark or some one appoynted and ordayned births, marriages , . ttid /-,. and deaths. to keepe a register ot the day & yeare of the marriage, birth and buriall of every man woeman and child within their townshippe & to have 3'' pence a peece for each particular person so registred, & fur- rhe'b"rth'of''every ^^'^^ '' '^ enacted, that every father, or mother, or next in relation child to the cieik. shall certify to the Towne cleark or register keeper, the name and day of the birth of every child soe borne in his house within one moneth next after it is borne, or be fined for every such default three shillings, the one halfe moity thereof to the Governoure, the other PART I.] COLONY OF NEW PLYMOUTH. 87 half raoity thereof unto the said clearke, or register keeper upon his compl'. And that every person married shall signify his & her name with the day upon which they were married unto the said cl^ or reg- ister keeper within one moneth next after the day of his said marriage upon the like penalty of 3*, the one moity thereof unto the Govern- Altered in 1668, * "^ "^ ^ ^ so that one moiiy oures use, & the other thereof unto the said elf or register keep- of the fines went A 1 1 1 . . , to the colony in- erupon his complamte. And alsoe that every master or m^'^ ol the stead of the Gov- r ■! ■ 1 • 1 ,. . , . ernor : in other lamily in which any person dies or person next in relation to any per- respects it was son soe dead shall give notice unto the said Cleark or register keeper li^e!^""^ ^ the name of the person & day of the said buriall, sub pena 3* the one halfe or moity to the Governours use, the other to the cleark or reg- ister keeper upon his complaint. And the clearke, or register keep- er of each Towneshippe shall exhibite a true & perfect Copy fairely written annually at March Courte unto the said Courte of all the birthes marriages and burialls of the yeare past. And lastly that the clearke or register keeper in every Towneshipp shall publish all contracts of marriages, & shall have XII<^ as his fee for every marriage as he pubUsheth orderlJ^ ABUSIVE TAKINGE TOBACCO. Whereas there is greate abuse in takinge of Tobacco in very un- ?j^ii,'"^/°''t5™° civill manner in the streetes & dangerously in out-houses, as barnes, &c. how pun- , . . ished. Stalls about hay stackes. Come stacks & other such places, it is therefore enacted by this Courte, that if any person or persons shall be founde or scene hereafter takinge tobacco publickly in the open streats of any Towne, (unles it be souldiers in the time of their trayninge) or in & aboutes barnes, stoules, hay stackes. Come stacks hay yeards or other such places or outhouses, that every such person or persons so offendinge shall forfeiet & pay to the Townes use, for the first default xii'^, for the second ii«, & soe for every such default afterwards ii*, & it shalbe lawfuU & by this act warrantable for the Constable of every towneship without further warrant, upon The constable ,. ir- may distrain. sieht or information thereof to distraine his or their goods lor it as Re-enacted in 1658 doe refuse to pay it upon his demand & to be accomptable to the Treasurer of what he receives yearly at the Eleccon Corte. MARSHALLS YEARLY WAGES. It is enacted that the Marshall shall have henceforth annually three- The Marshal to score bushells of Indian Corne or the full value of it in other Corne busheiis of com (besides his ordinary fees allowed) p<^. unto him for his wages pro- ^^^' ^ '^'^®^" portionally to be p''. out of the severall towneships by way of rate. 88 LAWS OF THE [PART I. REpf'CHERS OF MARSHALL. Penally for le- Jt is enacted that if any person shall henceforth cast to contempt EshaT.^ ^ reproach on the Marshall or any of his by reason off and concern- 1658.'"'° ^ '" ing his office shalbe fined for every such default to the Governments use X^. RECEIVERS OF THE EXCISE REPROACHED. Ten shillings fine And if any person or persons shall henceforth cast contempt or for reproaching . the receivers of reproach on any receiver of the excise by reason of & concerninge tllG 6XC1SG j'^ his said ofEce shalbe fined for every such default to the Gov- ern's use X-'. FREEMEN TO APP^ AT THE GEN'aLL COURTE IN JUNE & 2 DEPUTIES. The freemen to Whereas the Townes fortiierly were to send their deputies (which attend the June ^ . ^ t i r» /-^ ii /-i c Court and make must arise out of their freemen) to attend the 3 Cjenerall Courts ot the yeare for our Soveraigne Lord the Kinge, now upon the speciall complainte of the deputies of the Townes soe sent professinge them to be oppressed thereby, It is ordered & enacted that the whole body of freemen appeare at the Election Courte which is the first Tuesday in June successively, & there to make or repeale such lawes orders & ordinances as shalbe founde meete & wholesome for the orderinge of the government & that then alsoe they present such deputies as have bene chosen by their townes accordinge to order formerly established who are to attend the same, & its severall ad- journments as the occasions of the Country shall require, & that whatsoever lawes orders & ordinances shalbe made or repealed be No laws to be at that Courte & the severall adjournments thereof onely done & the made at any oth- i .-, i i r -r t n t er Court. Other Courts to attend onely matters oi Judicature & the magistrates Re-enacted in i ^ ii j ..u 1658. onely to attend the same. TOWNES NEGLECT TO CHUSE COMITTEES. Penalty for neg- It is enacted that if any Towneship beinge orderly thereto requir- lecting to choose i. cj ./ i committees. ed shall neglect or refuse to elect and chuse comittees according to Re-enacted in ^ - , , . „ . 1658. the two former orders, the towne so neglectinge or reiusinge to be fined to the govern''* use 40* & every comittee soe chosen and makes not his personall appearance in the Courte at the day appointed there to doe his service, be fyned 20* unles he can shew a reason approved by the Courte. Weights and GRANDJURTMEN TO VIEW W^s & MEASURES. ^Iwed^once In ^^ is ordered that the grand jurymen in every Towneshipp once each year. PART I.J COLONY OF NEW PLYMOUTH. 89 in the yeare annually doe view all ihe measures, weights and toUe Re-euacted in dishes in their severall towneshipps, & see that they be lawfull ac- cording to order, & that every householder have ladders sufficient according to order & present the defects. NEEDLESSE FIRING WOODS. Also that if any person at any time shall fire any the woods, and Penalty for need- hath no just occasion so to doe he shalbe fined to the govern'^ use x« to^woods.' „„ ;,„ ,„;,• , Re-enacted in or be whipt. ig^s. SELLING WINE OR STRONG WATER TO INDIANS. It is enacted that noe person whatsoever shall henceforth sell wine No wine, &o., to T , . 1 . r • ^ /. . be sold to an In- or stronge water to any Indian, unless in case ot sicknesse or taint- dian without con- nes and then onely with the foreknowledge & and consent of a ma- t™te? ^ "^^is- gistrate if there be any in the towneshipp, or in defect of him with Ke-enactedm the foreknowledge and consent of the comittees or grandjuryraen of the said towneship, & but for a smale quantity, and for every de- faulte to pay x^ to the Colonies use. 1647. REHOBETHS LIBERTY. It is enacted that the towne of Rehoboth shall have liberty yearely j,"l™|fv j to make choice of 2 freemen of their inhabitants to be assistants to choose two free- . . . r n ™^° annually to the magistrates then in beinge for the examminge & tryinge of all aid the magistrate , . „ , „ , . r ,r^ in the triaTof matters m difference betweene party & party by a jury ot 12 men causes. not exceeding the value & some of 10^ reservinge liberty to any par- ty after tryall to appeale to the Generall Courte at Plimouth, pro- vided that the appeale be made the same day the verdict is brought -^° appeal allow- in, & and he that shall appeall doe give security that if he be cast in the Courte at Plimouth then he shall pay double damages. And further for the avoydinge of travaile & chardge the freemen of Freemen may •f ^ '-' vote by proxy Rehoboth shall for the election of magistrates send their votes by in the election of , . magistrates. proxies provided their votes be orderly taken m the Towne meetinge & then ymediately sealed up & delivered to the Committees or grandjiirymen who shalbe sent to attend the affaires of the generall Courte & delivered in Courte by them, unlesse upon other weighty occasions, their presence be required by speciall warrant. 12 90 LAWS OF THE [PART I. 1648. June. The Court have ordered y' Nausset pay by rate fourty shillings Nausetltopay ,,, ,- ^,. ^^ ^ , ^ ° 40s taxes. lor the last yeare : and lourty lor this present year : and so annually fourty shillings. Other towns to ^nd further yt the severall Townships are to pay their rales ac- pay the same lax _ •' . ' "^ as the preceding cordinff lo the sanoe proporcon they did the last yeare. year. . What is under- That by retaile of tobacco is to be ment all y' sell it by retaile tobacco' 'Y^'''"^ whether in roule or any otherwise y' onely exsepted which men raise by planting at home. 1649. June.-i The whole body of freemen of the Colony of Plymouth aforesaid Officers to con- , . r i i • i • • i tinue in office Or the maine part oi them being mete togetner it was unanimously expirattonof their concluded that whereas things are much unseteled in our native cun- sl'incl 'u™es°— ^'■y '" regard of the affairs of the State, wherby the Court cannot so clearly prosseed in election as formerly, all officers wether magestrats or inferior officers shall contineu in their places with as full power and authority as they had the yeare last past for the space of a full yeare for the yeare foloing unles som spesiall intellegent or order com over w'^'' shall at any time within the year aforesaid ocation the calling the body of freemen together for a new election. Oct. It is ordered y' no Lands bee graunted to any strangers untel the granted to stran- bounds bee knowne betwixt Kanetaquet & us according to order of gers till the -p i . bounds between ilarlement. Conn°e'ci^Mt are '^^^^ whereas Complaint is made by the Comittees of Scittuaat for settled. yt theire charges are not borne according to order of Court ; the Sciiuate ordered Court have therefore ordered y' a warrant be directed to the Cunsta- for public char- bles of Scittuaat aforsaid to summon the said Towne together to ^^^' make a rate for publick charges wherein is to bee mensioned the charges of the said deputies to be required by rate according to the aforesaid order and y' severall warrants be directed in like manor to eich Towne within this Government respectively. Hie'quesiion'of^" Concerning the propositions made by the deputies assembled about the adjournment tbe malor part of the Court to order the adiornments and desolution and dissolution or ■'■ "^ the general court of the generall Courts and the making & repealing of lawes ; The till the next elec- ° o r o ' PART I.] COLONY OF NEW PLYMOUTH. 91 Governour thinks it not meet thay be put to vote untell the next Court Election. That Plymouth have but two deputies as other Townes. Plymouth to have ^ ^ two deputies 1 hat any such as are presented by any Towne unto any Majes- only. Repealed. trate within this Government to bee Surveyors or Measurers of Land Oath, to be ad- & such as are apointed to try & scale measures & all Towne Clarkes town officers, shall have an oath administred unto them by the said Majestrate. lesl."^" ^ "* That at Courts of Election next after the choise & swearing of At the courts of Majestraits and other oiEcers the generall ocalions of the cuntry mss iequiring'the wherein Comitties are requisite bee attended except extreordenary com^Ht"ee's to 'be ocation com in the way. 5>'^' attended to. ^ Re-enacted in That if any bee orderly warned to work at the hiewayes & shall i^^^- neglect shall be fined for his said neglect 3* per day & for every Penalty for neg- • 1 1 ■11- o lecting-to workat teame so warned y' shall neglect eight . shilhngs per day & y' the the highway. Surveyors of such Townes wherein such neglect is shall returne theire names to the next Majestraite y' by warrant the said fines may bee required by the Cunstable of the said Towne for the Townes use ; and if it so fale out y' in the yeare all the teames & persons in the same Towne have not been warned unto the work aforesaid y* thay bee all warned over before thay begin againe. 1650. Att the Generall Court of freemen holden the fifte of June 1650. Whereas complaint is justly made y' due course is not provided or att least performed and executed for the defraying of such nesse- sary charges as are expended by the Magestraites of the Govern- ment in attending att Courts and uppon other publick ocations for the adminestration of Justice. It is therefore Ordered by the Generall Court assembled, That Fit persons to be appointed to col- forthwith due care bee had y' the order extant concerning the ex- lect the excise, . with authority to cise bee dueiy executed, and that fat persons bee appomted-to re- distrain the goods ceive it and in case of neglect of none payment That then forthwith to pay. ^^ ""^^ ^"^ uppon such neglect warrants be required and graunted out to des- traine uppon the goods of such persons as doe neglegt to pay it, and y' it bee payed in good and merchantable pay such as may conduce to the ends aforesaid. Whereas a comittie was chosen by the Court viz. M''- Tho. The magistrates Prence M"- William Collyare M--- Tho. Dimacke M'- James Cud- ''"'* '^"P"'''' *° 92 LAWS OF THE [PART I. be considered as worth M''- Josiab Winslowe John Dunham seni. Gorg Soule and making of laws, Constant Southworth to consider of the proposition propounded by fore! Re-enact- the Comittees at the last October Court concerning the Major p*- of ^ '" ■ the Court to order the ajournments and disolutions of the Generall Courts and the making and repealling of lawes they the said Com- ittees declared theire minds to bee That things in respect of the aforesaid perticular doe rest unalltered as they are. And y' for the future as formerly in the making and repealing of lawes and ajornment of Courts wherin Comittees are requeste, the magestraites and comittees or Deputies be considered together as one body. Att the 2"™'' session of the generall Court holden at New Plym. the 10* of June 1650. It was ordered That forasmuch as there are risen up amongst us many scandalus practices which are likely to prove destructive to our None to establish churches and common peace ; That whosoever shall heerfter set up a new church or continue an old any churches or publicke meetings diverse from those allreddy set up one without the , i • i i ^ i r ^ consent of the and approved. Without the consent and approbacon oi the govern- Repealed. ment or shall continew any otherwise set up without concent as afore- said shalbe suspended from having any voyce in towne meetings and presented to the next generall Court to receve such punishment as the Court shall think meet to inflict. VILLIFYING MINESTRY. How punished. Further bee it enacted by the authoritie aforsaid, That whoso- 1658. ever shall villifie by approbrius tearmes or speeches any church or minestry or ordinance being heerof lawfully convicted shall forfaite and pay to the use of the Colonie ten shillings for every default. PROPHANACON THE LORDS DAY. Penalty for pro- Further bee it enacted that whosoever shall prophane the Lords day. day by doeing any servill worke or any such like abusses shall forfeite 1658. '° for every such default tenn shillings or be vvhipte. WARRANTS AT JUNE COURT. The fifth day of It is Ordered That at June Courts all warrants bee directed to warn for the trial of ac- persons On the fift day of the weeke to appear for trial of actions. tions. The former order The Court have by joynt concent repealled the Court order for- about wampam- .... peage repealed, merly made enjoyning wampampeage to go at six a penny. PART l.J COLONY OF NEW PLYMOUTH. 93 1651. Att the general! Court holden at New Plym. for the Jurisdiction of New Plyni. the sixt of June 1651. NOT FREQUENTING PUBLIC WORSHIP AND ERECTING OTHER MEETINGS. It is ordered That whatsoever person or persons shall nedect the Penally for ne- SflcctiriE' Dublic frequenting the publick worship of God that is according to God in worship, or as- the places wher they live or doe assemble themselves upon any pre- place not ordain- tence whatsoever in any way contrary to God and the allowance of Re-enacted in the Government tending to the subversion of Religion and churches edlniesg'^"''''^'' or palpable prophanacon of Gods holy ordinances being duely con- victed ; videlecet every one that is a master or dame of a family or any other person at theire owne desposing to pay ten shillings for every such default. It is ordered That if any in any lazey slothfull or prophane way doth neglect to come to the publick worshipp of God shall forfeit for every such default ten shilhngs or bee publicldy whipte. It is ordered That twenty pounds p annum bee raised by the Col- June. lonie for the defraying the charges of the Majestrates Table and other ra^ed for Jefray- such like expences ; (to be paied two p*<=5 of three in wheat and the chfrges!^^'^'^''^" other third in barley to be paied some time in the month of Novem- parenthesis 'was ber annually.) ^^^^^ j™'^ i"' That every Townshipp have libertie to make choise of a person Each town alfow- , 1.1 .Till r 1 1 . ed to nominate a whom they judge meet provided hee bee a ireeman and propose him person for the of- to the next generall Court of election ; that out of them the Countrey ^^^ fromTho'se"'' by free election may make choise of such out of them and the old "X'Xse.r'"' assistants as will make up the number of 7 assistants to supply the place of majestracy or any other of the freeman as they shall think meet ; For the regulateing of the Excise it is ordered That the deputies of The excise to be every Township to set and let it to the best advantage for sum rea- deputies."' ^ ' ^ sonable consideracon, and to return within a month what they have done in that respect ; and for whatsoever is behind that it bee required and paied. Ordered That all such wolves as are killed by the Indians at Na- Bounty to the In- massaket or elsewhere from the IS^^^ of March annually to the last of woi'ves."'^ ' '"^ Aprell ; the charge of the killing them shall be bourn by the whole 94 LAWS OF THE [PART I. Collonie ; and that they shall have for every wolfe soe killed a coat of trading cloth; and at all other times of the yeare any either English or Indians that shall kill any wolves each Towne shall beare the charge of the killing of them wher they are killed. None to furnish Whereas complaint is made that many under pretence of hiering Indian servants -r ,■ n ■ i • r ^i i »■ j Willi arms, Indians for to bee theire servants lor a month or longer tmie, doe lU-en'Mted in fumish them with guns powder and shott to kill fowle & deare &c. ^^^^' It is ordered that whosoever henceforth shall heir or imploy any In- dian or Indians and furnish them with guns poweder and shott or any one of them shall forfeit for every such default 40 shillings except they bee Indians that have been servants for divers years and are in a good measure civilised and approved of by the Governor and assistants. Coopers required It is ordered, That all Coopers shall make full sized cask barrells to malte full sized ,,,. ,/.i ,i,-^icmi -u casi<^aryly, unto the right improvement of the liberties granted unto us, by our Superiors the State of England att the first begining of this infant Plan- tation ; which was to Enact such Lawes as should most befitt a State in the Non-age thereof ; not rejecting or omitting to observe such of the Lawes of our Native Countrey, as would conduce unto the good and growth of so weake a begining as ours in this wilderness, as any impartiall eye not fore-staled with prejudice, may ezely discern in the PART II. J COLONY OF NEW PLYMOUTH. 107 pruresall of this smale Book of the lawes of our Collonie ; the prem- ises duely considered, might work every consienciouse sperit to faithfull Obedieace : And although wee hold and doe afeirme that both Courts of Justice and Magistrates, whoe are the minnesters of the Lawe are essentially Civill ; notwithstanding wee conceive, that as the Magistrate hath his power from God, soe undoubtedly hee is to improve it for the honer of God, and that in the uphoalding of his worship and service, and against the contrary, with due respect also to bee had unto those that are really consienyous, though differing and decenting in som smaller matters ; But if any really or in pre- tence of conscience shall professe that which eminently tendeth to the Inundation of Civell State, and violation of naturall Bonds, or the overthrow of the Churches of God or of his Worship, that heer prudence is to bee improved in the Enacting and Execution of lawes. It hath bine our Indeaver in the framing of our lawes, that nothing should bee found amongst them, but what will fall under the same par- ticulares, wee have likewise reduced them to such order, as they may most conduce to our utilitie, and profit ; possibly it may bee that weakness may appeer in the composure of sundry of them for want of such plenty of able Instruments as others are furnished withall : However lett this suffice the gentle Reader that our ends are, to the utmost of our power in these ourlndeavours, to promote the comon good both of church and State, both att pesent and for future ; and therfore so fare as we have aimed att the Glory of God ; and com- mon good, and acted according to God ; Bee not found a Resister but Obedient, lest therby thou resist the Ordinance of God, and soe incurr the displeasure of God unto Damnation. Rom. 13. 2. By order of the General Court NATHANEEL MORTON Clarke. 1658. Wee the Associates of New Plymouth coming hither as freeborne no act or ordi- subjects of the state of England indowed with all and singulare the °^"hou° ,he™con°. privilidges belonging to such being assembled doe ordaine constitute of AssoJares"*^^ and enacte that noe acte imposition law or ordinance bee made or Nov. 1636. imposed upon us att p'sent or to come but such as shalbee made and imposed by consent of the body of the Associates or theire Repre- sentatives legally assembled, which is according to the free libertie of the State of England. 108 LAWS OF THE [PART II. Court of Election Whereas by the first Associates of this Government the Courts —other courts in of Election Were held in the month of January Annually and after- March wards in the month of March annually ; By reason of the unseason- ableness of those times of the yeare ; It is enacted by the Court and the Authoritie thereof That the Election Courts bee holden the first Tusday in June Annually : And the other Generall Courts bee holden the first Tusday in October and the first Tusday in March Annually ; and that the Courts of Assistants bee holden the first Tusday in August the first Tusday in December the first Tusday in Febrewary and the first Tusday in May Annually. Persons to be jj jg enacted by the Court and the Authoritie thereof that all such admitted freemen ■' to be first pro- gs shalbee admitted freemen of this Corporation shall stand one pouuded one . year. whole yeare propounded to the Court viz to be propounded att one June Court and to stand soe propounded untill the June Court following and then to bee admited if the Court shall not see cause to the Contrary. Wheras divers actes and orders touching the making and repealing of lawes att June Courts and the adjournments therof is rendered with a dubious Interpretation ; and this Court haveing by proposi- tions to the freemen of the severall Townships desired theire an- Bwares in order to the regulating therof but not receiving any an- sware from sundry of them have seen cause to declare theire owne Deputies to be sence therof and therfore doe enact That fitt and able persons bee chosen annually, r i r ^ t r-\ who with the annually chosen out of the freemen to attend June Courts and the make and repeal scverall adjournments therof by the approved Inhabitants quallified aws, except— ^^ .^ ^^^j^ ^^^^ j^ provided of this Jurisdiction in theire respective townshipps for deputies unto whom with the majestrates as the body representative is comited full power for the making and repealing of all lawes as upon theire seriouse considerations they shall find meet for the publicke weale of this Jurisdiction and that then onely such lawes bee enacted or repealed except the Cover, for the time being shall see waighty and necessary cause by the complaint of the free- men or otherwise to call a special! Court either of the whole body of the freemen or theire deputies ; the freemen of this Jurisdiction The freemen being left to theire liberties to send theire voate by proxey for proxy. the choise of Gov^. Assistants Comissioners and Treasurer in such way as by order of Court is alreddy provided, and this order to stand in full force till the whole body of freemen shall take further order therin ; It is alsoe further provided that upon notice given in an orderly way to the Gov'' by the major p'« of the freemen of this Ju- risdiction of theire apprehensions of a nessesitie of the body of free- men to come together ; then the GoV for the time being shall take as coroner in cer- tain cases. PART II.] COLONY OF NEW PLYMOUTH. 109 the first opportunitie to summon in the body of freemen to advise and acte ther as the matter shall require. It is enacted by the Court that att Courts of election the voates of J^'^ ™"=s of ""e freemen present all the freemen present bee first read and next after them the depu- to be first read, ties of the severall townes shall orderly pi"sent the proxy of theire owne Towne. It is enacted by the Court and the Authoritie iherof that other other public offi- public officers besides Gov''- and Assistants bee chosen and estab- emor and Assis- lished att the Court in June Annually viz. Comissioners and Treas- a" Jme Co'urr™ urer ; and that other inferior officers ; as Cunstables grandjurymen and Surveyors for the highwaies bee then alsoe confeirmed if ap- proved by the Court. It is enacted by the Court and the Authoritie therof that in case Magistrate to act there shalbee occasion for a Corroner that the next Majestrate where such accedent falls shall sitt as Corrowner and execute that oflSce '''^^" according to Custome of England as near as may bee. THE OATH OF THE CLARKE OF THE COURT. You shall faithfully serve in the office of the Clarke of the Court for the Jurisdiction of New Plymouth You shall attend the Generall Courts held for this Goverment att Plymouth aforesaid and the* sev- erall adjournments therof; and the Courts of Assistants and there imploy youerselfe in such occations as are behoofull to youer said place and office you shall likewise attend such other meetings of the majestrates of hke nature as above expressed that shall or may fall out in the Interims of time betwixt the said Courts You shall not disclose but keep secult such thinges as concerne the publicke good and shalbee thought meat to bee concealed by the Gov""- and Councell of Assist- ants You shall faithfully record all such thinges as you shall have or- der from authoritie to comitle to Publicke Record and shall faithfully keepe the publicke Records of this Jurisdiction Soe healp you God who is the God of truth and the punisher of falshood. The fees of the clarke of the court allowed and agreed upon by Fees, the court. Impr. for every Recognizance of the peace ii^ the take- ^ *• '^• ing and ii* the releasing - - . - 00. 04. 00. To the Cryer foure pence For a Recognizance for the good behavior 4* takeing and 4* the releasing To the Cryer S-^- 00. 08. 00. For a warrant of the peace or any other graunted by the Court 00. 02. 00 -00. 04. 00 -00. 02. 00 -00. 02. 00. -00. 02. 00 -00. 00. 06. -00. 00. 06. -00. 01. 06. -00. 00. 06 -00. 02. 06, -00. 00. 06, 110 LAWS OF THE [PART 11. Fees. For a warrant of the good behaviour For a coppy of an order - . - - For an Inditement - - . - For a Replevin, For entering of an action . . - - For a declaration - - . - . For a warrrant to summon a jury - - - For an ansvvare ------ For recording the verdict - - - - For an ordinary warrant from the GoV- For recording a bargaine or giuft of house or lands For entering a bargaine of beasts or cattle For entering and drawing a coppy of an evidence of land graunted by the Court 00. 05. 00 For regestring ^ will 00. 02. 06 For regestring the Inventory ----- 00. 02. 06. For a Suppena for Witnesses ----- 00. 00. 06 For entering a graunt of lands by the Court of Assis- tants. - • 00. 01. 00 For a serch of an order will &c. - - - - 00. 00. 04. For a coppy of a Will 00.01.00. For a coppy of an Inventory ----- 00. 01. 00 For entering a freeman ------ 09. 00. 06. For recording of a marriage ----- 00. 00. 06 For recording of Contracts for servants - - - 00. 00. 04. For making an execution. - - . . -00. 01. 06. THE OFFICE AND OATH OF THE CHEIFE MARSHALL. You shalbe reddy to attend the Generall Courts and theire severall adjournments and the Courts of Assistants and alsoe the Court of Comissioners when they meet in this Goverment and the Govi's pson especially att those Courts You shall faithfully with what speed you may collect and gather all such fines and sumes of money you shall have warrant soe to do by the Gov"' or any of his Assistants ; and shall with like dilligence levy the goods of any p'son for which you shall have warrant soe to doe by any execution graunted by the Court and that the same soe collected or levied you shall with all convenient speed deliver into the Treasurer or the persons to whom the same shall belonge and shall serve all attachments directed to you which shall come to youer hands and shall performe doe and execute all such lawful! Commands directions and warrants as by lawful! au- thoritie beer established shalbee comitted to youer care and charge PART II. J COLONY OF NEW PLYMOUTH. HI without favor or p.ciallitie to any person and shall take only youer ordinary fees allowed without exaction upon any person : and shall safely keep as head Marshall all such persons as shalbee comitted to youer Cusiitie by the Government Gov' or any of his Assistants soe healp you God &c. Moreover it is enacted by the Court that the cheife marshall have The chief mar- • . , 1 . r ^^^^ ™^y require full power in case hee see occation to require aid and assistance of aid. any to assist him in the execution of his ofGce ; and the adminnestra- tion of his s'^ office shall extend to all places within the lymetts of this Government &c. The cheife marshall is allowed twenty make p annum for his wages Salary of chief marshal. besides his ordinary fees allowed by the Court. 1646. The fees of the Cheife Marshall allowed by the Court. Fees. ij. s. d. It. for serving of an execution - 00. 05. 00. It. for his journey about it 2^ p mile - - - OO. 00. 00. It. for serveing an attachment - - • - 00. 02. 06. It. for a Comitment - - - - - 00. 02. 06 It. for Imprisonment 2* 6'^ per day - - - 00. 00. 00 It. for every action that is entered . - - qO. 00. 06 It. the one halfe of all fines not exceeding - - 00. 06. 00 It is enacted by the Court that the Cheife Marshall shall have two shilhngs in the pound for gathering of fines &c. if they bee not brought in by the p'ties themselves. THE OFFICE AND OATH OF THE UNDER MARSHAL. You shalbee ready to attend the Generall Courts and Courts of Assistants and doe such service as shalbee comaunded you by the Gov"^ or any of his Assistants and shall reddily execute and inflict all such Censures and punishments as by anthoritie of this p''sent Gov''ment shalbee adjudged to be inflicted upon any delinquent and offenders according to the nature of all such warrants and mandates as shalbee directed to you without favor or p.ciallitie to any person and shall faithfully and safely as under keeper or under Marshall keep all such delinquents Malfactors and fellons as shalbe comitted unto you and shall take onely youer ordinary fees allowed without exac- tion upon any soe healp &c. The under Marshall is alowed twenty nobles p. annum besides his Salary of the un- der marshal. fees alowed by the Court. 1652. It is enacted by the Court that the publicke ofiicers wages shalbee Wages of public . officers to be paid paid in Corn. in com. 112 LAWS OF THE [PART 11. Com to be paid It is enacted by the Court that all Corne that shall be paied in de- pnce. fraying the publicke charges of the Countrey shalbee paid att one cur- rent prise. Fees of under It is enacted by the Court that henceforth whatsoever Centences Repe^edJune, or Censures shall fall out to bee inflicted by the under Marshall hee ^^^^' shalbee paied by the Countrey for the same ; and hee shall have but one shilling and sixpence a day for every prisoner he hath in his Cus- titie attany time if hee have more than one att a time ; but in case hee have but one att a time in his Custitiehee is alowed two shillings and six pence a day. Governor and It is enacted by the Court that it shall be lawfuU for the Gov'' or Assistants may . . , , i ^ i • i j • impress men to assistants to presse any either tradsmen or others to bee imployed in pubui''wwkl°° the behalfe and for the use of the Countrey as to provide or repaire prisons stockes whipping posts or other Instruments of Justice and all such to be payed with current Countrey pay. What are the re- It is enacted by the Court that all fines under forty shillinges that "° ^ 1657.' shall fall in any of the remote townes of this Govment shalbee leav- ied by the Cunstable of the towne by warrant from the Treasurer which remote townes are explained by the Court to be Taunton Re- hoboth Eastham and Bridgwater. The court may jj jg enacted by the Court and the authoritie thereof That wheras reject unfit mem- "^ bers and direct the number of freemen in many places is but small and the Inhabitants the towns to make . , , . a new choice. 01 the townshipes many more who have equale voates with the iree- men in choise of deputies whoe beif5g the body of freemen represen- tative together with the Majestrates have equale voates for the enact- ing of lawes whoe by weaknes prejudice or otherwise it hath or may come to passe that very unfitt and unworthy persons may be chosen that cannot answere the Courts trust in such a place ; That all such Courts as Majestrates and deputies are to acte in making of lawes and being assembled the Court in the first place take notice of theire members and if they find any unfiit for such a trust that they and the reason thereof bee returned to the towne from whence they were sent that they may make choise of more fitt and able p. sons to send in theire stead as the time will pmit. No actions to be "Whereas the Courts held in June annually are usually full of much tried at June ^ •' ■' Courts. busines soe as the Court cannot then convenient attend the tryall of Repealed Juiie . t • 14, 1660. actions It is enacted by the Court that it shalbee lawfull for any to comence a suite for the triall of a cause of any valine betwixt p'tie and p'tie att the Court of Assistants held in May annually and that noe action shall hensforth be tryed att June Courts. It is enacted by the Court that if a stranger or forraigner have any occation to comence a suite att any time betwixt the Courts for the PART II.] COLONY OF NEW PLYMOUTH. 113 triall of any cause of a considerable valine ; hee hath libertie to pur- A foreigner may 1 r^ c 1 -I- 1 1 11 • ^1 • • purchase a court, cnase a Court lor such a purpose it hee shall put in Cecuritie to if he gi\e sccu- defray the charge, and that there shall not bee lesse then three of the " ^ Majestrates att every such Court. It is enacted by the Court and the Authoritie therof that whoso- Adultery, liow puuislied. ever shall comitt Adultery shalbee severely punished by whiping two 1636. severall times ; viz one whiles the Court is in being att which they are convicted of the fact, and the 2<^°°'i time as the Court shal order ; and likewise to weare two Capitall letters viz. A D. cut out in cloth and sowed on theire uper most Garments on theire arme or backe ; and if att any time they shalbee taken without the said letters whiles they are in the Gov''ment soe worn to bee forth with taken and publickly whipt. It is enacted by the Court that wheras many have sustained great Firing of woods, damage by the Indiscreet fiering of the woods though justly occa- 1636, 1638. tioned therunto that none shall fier the woods att any time but they shall give warning therof to the naighbours about them, and the time of fiering of them to bee from the fifteenth of Febrewary to the latter end of Aprill ; alsoe that if any person att any time shall fier any the woods and hath noe just occation soe to doe hee shalbee fined ten shilling to the use of the Gov'"ment or bee whipt. Wheras complaint is made of great abuses in sundry places of this Penalty for trav- Gov''raent of prophaning the Lords day by travellers both horse and Lord's day. foot by bearing of burdens carrying of packes &c. upon the Lords day to the great ofienceof the Godly welafected among us. It is therfore enacted by the Court and the authoritie therof that if any pson or psons shalbee found transgressing in any of the precincts of any towneship within this Gov'"ment hee or they shalbee forthwith apprehended by the Cunstable of such a towne and fined twenty shillings to the Collonies use or else sit in the stockes foure houres except they can give a sufliicient reason for theire soe doeing, and they that transgresse in any of the abovesaid pnrticulares shall onely bee apprehended on the Lords day and on the 2<^°'"^ day following shall either pay theire fine or sitt in the stockes as aforesaid. It is enacted by the Court and the Authoritie therof That noe No quaker to be Quaker Rantor or any such corrupt pson shalbee admitted to bee a man. freeman of this Corporation. It is enacted by the Court and the authoritie therof that all such as Those who op- are opposers of the good and wholsome lawes of this Collonie or ref^fse \o ™etw7 manifest opposers of the true worship of God or such as refuse to to^be'^Tdmmed"" doe the Country service being called therunto, shall not bee admit- '"''^^"^"• 15 114 LAWS OF THE [part II. ted freemen of this Corporation ; being duely convicted of all or any of these. Quakers, &c. to jt is enacted by the Court and the authoritie thereof that if lose their free- •' . dom. any person or persons that are or shalbee freemen of this Corpo- ration that are Quakers or such as are manifest Incurragers of them and soe judged by the Court or such as shall contemptuously speake of the Court or of the lavves thereof and such as are judged by the Court grossly scandalouse as lyers drunkeards swearers &c. shall lose theire freedome of this Corporation. Those who re- Jt jg enacted by the Court that all such as refuse to take the oath fuse to take the ^ ^ "^ oath of fideHty of fidclitie as Quakers or such as are manifest encorragers of them as quakers, &c. , ,, , . , , . r i i- i rr • i i aot to vote. shall have noe voat m the choise oi publicke officers m the place wher they dwell or shalbee imployed in any place of trust while they continue such. The Council of ■war established. In 1659 the court declared a call from the Govern- or or Major to be within the mean- ing of the order. May issue war- rants, &c. THE ORDER OP COURT CONCERNING THE COUNCEL OF WARR. In regard of the many appearances of danger towards the Coun- trey by Enimies and the great nessessitie of Councell and advise in which respect the Court thought meet to make choise of a Coun- sell of warr consisting of eleven psons whose names are elswhere extant in the Records of the Court which said eleven being orderly called together theire acte to be accounted in force and they to bee continewed in theire places untill others bee elected to bee orderly called together is ment being sumoned by the p''sedent or his deputie or in case of theire absence any two majestrates of the Councell of Warr. That the Councell of warr shall have power to issue out warrants in his Ma*''^s name to pressesuch a number of men & horses in every towne as by proportion the said towne is to sett forth and alsoe to issue forth warrants to the said townes for armes and provision and all things nessesary for them and what charges shall arise to bee lev- ied on each town proportionably as other publick rates and to give comission to any cheife Officer under theire charge either in time of peace or warr. Commission of major. THE PROCEEDEING OF THE COUNCELL OF WARR IN THE CONSTI- TUTEING AND COMISSIONATING OF A MAJOR. The Councell of warr being assembled doe heerby constitute im- power and Comissionate you our Trusty and welbeloved frind J W. to bee as cheife Officer over the milletary Companies of this Juris- diction bearing the title of a Major and to act therein as is provided by order of Court anexed to youer office according to such Instruc- PART II.] COLONY OF NEW PLYMOUTH. 115 tions as you have or shall from time to time receive from the Couneell of warr in psuance whereof all Captaines Inferior officers and soul- diers are heerby required to be in Reddy subjection to you during your continuance in the said Office which shalbee untill the Couneell of warr shall see cause otherwise to order ; Given under our hand and Seale. T P President with the Consent of the rest of the Couneell of Warr. Enacted that every towne that shalbee defective in the want of a Penalty for a , *^ ^ town to be with- drum att any time for the space of two iTionthes shall forfeit the sume out a drum. of forty shillings to the Collonies use that shalbe defective in Coul- bers the space of six monthes four pounds. That every Towne provide halberts for theire Serjeants of theire Every town lo . . provide halberts. milletary Companie ; That a considerable Companie of half pikes be provided in every a company of towne att the charge of the township viz: where 80 men are able to proviS'ed^^n every beare armes there twenty to bee provided and soe proportionable to ''°'™' theire number bee they greater or lesser ; THE OATH OF A CLARKE OP A MILLETARV COMPANIE. You shall faithfully serve in the office of a Clarke of the Milletary Companie of &c. for this p''sent yeare during which time you shall diUegently attend such sett times of training as youer officers shall appoint you shall keep an exact list of the names of youer whole Companie and take notice of all such defects as shall arise by the breach of any wholesome order or orders made by the said Compa- nie and gather in all such fines as belonge thereunto and give a just account therof to the Companie or such as they shall appoint: Soe healp you God &c. Enacted that such as are chosen Clarke of any Milletary Companie penalty for de- shalbee sworne and any that shall refuse to serve as Clarke for one as"'iefk of a mil! yeare being chosen, shalbee fined twenty shillings; and he that is I'ary company. next chosen and serves to have the said sume ; It is enacted by the Court and the authoritie thereof that a fourth A fourth part of • • 1 • T • 1* • T 1 each military part of each Milletary Companie m this Jurisdiction shall every Lords company to carry . . , 1 I- 1 ■ • I m 1 • "leir arms lo day carry theire armes to the publicke meeting in the i ownship meeting on the where they dwell viz: some serviceable peece and sword and three " ^ ^^" charges of powder and bullets on paine of the forfeiture of 2 shillings and six pence for each dales neglect ; and this to bee observed from the first of March to the last of November yearly: these defects to bee gathered by the Milletary Clarke and the Cunstable to the use of the Companie. It is further enacted by the Court that the cheife 116 LAWS OF THE [PART II. Milletaiy Comander in each towne shall take care that a list bee drawne and sett up in the meeting house by which every man may know to what Squadron he belonges and when he is to carry amies and alsoe to appoint some over every Squadron to take notice and give an account of the several! defects on the penaltie of the forfeiture of five pounds to the Countreys use for such neglect; and that this order take place and begine from the seaventeenth of this Instant October 1658 except men bee sick or abroad and have none att hom to carry theire armes. Troop of horse, It is enacted by the Court and the authoritie therof that a troop of horse well appointed with furniture viz a Saddle and a case of Pet- ternells for every horse shalbee raised out of the severall Townshipps to bee reddy for service when required and maintained for that pur- pose to bee raised as foUoweth viz. Plymouth - - - 3 Yarmouth - - - 3 Duxborrow - - 3 Barnstable - 3 Scittuate - - - 4 Marshfield - - 3 Sandwich - 3 Rehoboth - 4 Taunton - - - 3 Eastham - - - 3 Bridgwater - - 1 To be free from In all thirty and there and that all such shalbee freed from foot ser- vice and from watching & warding and theire horses rate free ; and to bee reddy by June next ensueing the date heerof on the penaltie of the forfeiture of ten pounds for every towne that shall neglect. THE OATH TO BEE ADMINISTRED TO A TOWNE CLARKE IS AS FOLLOWETH. You shall faithfully serve in the office of a towne Clarke in the towne of for this present yeare and soe long as by mutuall con- sent the town and you shall agree; during which time you shall care- fully and faithfully keep all such Records as you shalbee Intrusted 1654. withall and shall record all towne actes and orders and shall enter all towne graunts and Convayances. You shall record all birthes marri- ages and burialls that shalbee brought unto you within youer towne and shall publish all Contracts of marriages you shalbee required to doe according to order of Court bearing date the twentieth day of October 1646 Soe healp you God whoe is the God of truth and punisher of falsehood, AH who have not Forasmuch as it was ordered att June Court last that all such as taken the oath of allegiance to be Were house keepers or att theire owne dispose that were not freemen June Co.urt. * and had not taken the oath of fidelitie to this Gov''ment should take the said oath by that time then prefixed or bee fined to the Collonies use the sume of five pounds and wheras divers psons notwithstanding all PART II.] COLONY OF NEW PLYMOUTH. 117 patience and long forbearance refuse to take the said oath and yett make theire residence amongst us It is therfore enacted by tlie Court and the authorise therof that every such person or persons shall every election Court bee sumoned to make theire appeerance theratt during the time of theire aboad in this Government and if any such pson or psons shall then refuse to take the said oath shalbee fined the sume of five pounds to the Collonies use. Whereas it is observed that divers psons in this Government are Every town to choose two or not able to provide Competent and convenient food and raiment for three men to i_ . ^-^, .. , , , . . , 1-17 ^ make provision theire Children wherby it is that poor children are exposed unto great for poor children. want and extremitie ; It is enacted by the Court and the authoritie therof that two or three men shalbee chosen in every township of this Govrment that all such as are not able to provide necessary and convenient food and clothing for theire Children and will not dispose of them themselves soe as they may bee better provided for ; such said children shalbe desposed of by the said men soe appointed as they shall see meet soe as they may bee comfortably provided for in the prmises and the severall townes shall returne the names of such men as shalbee deputed .and chosen unto the Court. It is enacted by the Court that every Towne within this Govern- Every town to ment shall have a Standard for measures of Corn made by those that of measures. are provided att Plymouth by a former order of Courts ; for that end to try and scale their measures by which are to bee uniforme amongst them and to be made round ; and these to bee provided by the last of November 1658, and to be kept by the Seallers of every towne for the townes use. It is enacted by the Court that every Miller within this Jurisdic- Millers to provide , ,, , , ,. , . , , , , toll dishes and tion shall have two toule dishes viz a quart and a pottle but to be soe scales. made that upheaped they will hould noe more then a quart and a pottle by the measure alowed and those to bee sealed by the last of November 1658 or else to pay ten shillings for every month soe longe as the said miller keepeth them unsealled after and that all Millers shall provide Scales and waightes to way mens Corn as occation shall require. It is enacted by the Court that if any Indian shall kill a woulfe in Bounty for killing wolves any township of this Jurisdiction hee shalbee paied a Coate of Trad- ing Cloth and if any English shall kill a woulfe hee shall bee paied fifteen shillings to bee paied by the Countrey and defrayed by the Treasurer. It is enacted by the Court and the authoritie therof. „ ■' Every tovra to 1. That every Towne in this Government shall have some pub- have some public licke brand marke for theire horses to distinguish them from other horses and a fit person to register It. 118 LAWS OF THE [PART II. townes and alsoe some fitt pson appointed to take notice of mens publicke markes for horses and regester them in a booke with theirs day and yeare which may bee the towne clarke and the said pson to have four pence a peece for every horse kind he registereth. 2. That all psons that are resident in any township and have horses goeing there give in unto the said pson from time to time theire sev- erall raarkes of theire horses with theire age that soe they may re- cord them. Horses unmarked 3. That if any horsc kind being above two yeares old and noe the marshal, &c. marke whereby the owner of them may bee clearly knowne that the said pson soe deputed takeing notice of any such signify the same to the marshall the next general] Court that soe hee may bee three times cryed with his age and couller and that if within six monthes after- wards any upon due evidence can own them paying all nessasarie charges hee may have him but if in six monthes time none can ovvne him that then the said horse kind bee looked at as belonging to the Countrey and the Treasurer to take order to despose of him for the Countreyes use as the Countreyes stocke defraying all necessarie charges. The ag-e of horses 4. That noe pson or psons marke any horse kind younge or old fore they are but before sufBcient witnesse that none bee wronged. ™ ' ^ " 5. That noe pson or psons take up any horse kind soe as to send No person to send them out of this Government before hee or they cary the same to a horse out of Ihe •' •' colony nniii he the pson deputed and soe evidence it to bee his or theires for whom has given evi- . dence of owner- takeo up and take a note under his hand and that hee shall enter it ship to the regis- , , , , ter. both day and yeare. Indians not ai- 6. That noe Indians bee pmited to course or take up any horses lowed to take up * ^ . . , \-, . horses except— except m companie with the English and that with the concent and approbacon of a majestrate if there bee any in that towne; if not the approbacon of the Towne Clarke. ^1ng'a\o°rse''out '^ ' '^^^^^ ''' ^"J" P^°" °'' P^°"^ slialbee found carrying any horse of the colony Jjind out of this Jurisdiction without a note under the hand of the without a certifi- . t^ate. ptie deputed as anove said from whence hee came that the horse bee secured att the Owners charge untill a note bee procured and the pson that brought him bee fined five pounds to the Countrey if an Inhabi- tant, but if a stranger not knowing the order the like penaltie upon him that delivered him if an Indian to bee publickely whipt by the Cunstable where he shall bee taken with the horse. Towns may im- 8. That wheras severall complaints have bine made to the Court bv pound horses that . ^ ^^^•■- -^j run at large. divers of great wrong and damage by straying horses not onely of other Townes but alsoe of other Jurisdictions and noe redresse. This Court ordereth That all such p. sons whose horses soe Treas- PART II.] COLONY OF NEW PLYMOUTH. 119 pas any yett noe redresse or satisfaction tendered ; That the Town- shipes soe agreived as they have opportunitie ; doe impound the said horses untill some due satisfaction bee given or Composition made for the treaspas, and alsoe all other dues for theire impounding ; and hee that keeps the pound to have sixpence for every horse that is impounded. Wheras it hath bine an ancient and wholesome order bearing date Persons residing- March the seavenlh 1636 that noe pson coming from other ptes bee witiiout leave, to alowed an Inhabitant of this Jurisdiction but by the approbacon of ^'"''"'^^ the Gov"" and two of the Majistrates att least and that many persons contrary to this order of Court are crept into some townshipes of this Jurisdiction which are and may bee a great desturbance of our more peacable proceedings, bee it enacted by the Court and the authoritie therof that if any such pson or psons shalbee found that hath not doth not or will not apply and approve themselves soe as to procure the approbacon of the Gov"' and two of the Assistants that such bee inquired after, and if any such psons shalbee found that either they depart the Govi'ment or else that the Court take some such course therin as shalbee thought meet. Wheras complaint is made that much timber is feld on the comon Any person may and lett lye and not imployed and suffered to rott there by those that which is cut upon feld it and thereby the Countrey much daminfyed, It is enacted by lands and not the Court that whosoever shall or hath felled any timber on the ^?x"months."' '" Comon and doth not either square or rive it within halfe a yeare after it is felled it shalbee lawfull for any other to make use therof as they shall see meet. It is enacted by the Court that after December 1658 noe raw No raw hides or hides either slaughtered or otherwise falling or any skines viz dear ported, skins sheep skins goale skins or calve skins that shall fall shalbee transported out of the Gov''ment on the penaltie of forfeiting them or their vallue to the Collonies use. It is enacted by the Court that when the upper Marshall shall Appraisers of •^ ... goods taken by have occation to levy any fine or fines hee hath libertie by this order distress, how to choose one to prise the goods or Chatties taken by destresse ; and the delinquent hath libertie to chose another if hee please, but if the delinquent shall refuse to choose another then the Marshall and him whoe hee hath chosen shall prise the said goods or chatties and in case any bee required by the Marshall to prise the said goods or Penalty for re- fusioEf to scrvCi Chatties and shall refuse hee shalbee fined five shillings for every such default to the Collonies use ; and what expence of time and paines any shalbee att in prising such said goods or chatties hee shalbee reasonably satisfyed for the same. 120 LAWS OF THE [PART II. Penalty for re- It is enacted by the Court that if any shalbee chosen to serve on on the grand in- the Grand enquest and shall refuse to serve hee shalbee fined to the Collonies use the sume of ten shillings for every Court that hee is absent within the yeare for which hee is chosen to serve, and in case hee shall wholly exclude himselfe all the yeare hee shalbee fined the sume of forty shillings to the use of the Collonie unlesse hee can give sufEcient reason to the Contrary unto the Court. Wheras sundry persons both Quakers and others wander up and downe in this Jurisdiction and follow noe lawful] calling to earne theire owne bread and alsoe use all Indeavors to subvert civill state and to pull downe all churches and ordinances of God to thrust us out of the ways of God notwithstanding all former lawes provided for the contrary : A work-house to Be it therfore enacted by this Court and the authorilie thereof be erected (or vagrants and idle that with all convenient speed a worke house or house of correction bee erected that all such vagarants as wander up and downe without any lawfull calling and alsoe all idle psons or rebelliouse children or servents that are stuborne and will not worke to earn theire owne bread and yett have not wherwith to maintain themselves, may bee put to this house of Correction and there bee imployed in such worke as shalbee there provided for them, and to have noe other supply for theire sustainance then what they shall earne by theire labour all the while that they shall continew there, and also that some faithfull man bee appointed by the Court to be overseer of this 'house of Correction whoe shall carfully observe such orders as shalbee from time to time directed to him from the Gov"" or any of his assistants concerning any pson or psons that may bee sent to him. The court to ap- It is enacted by the Court and the authoritie thereof that in case to°make a rate any towne of this Gov''ment shalbee fined that the Court shall appoint "anisofany tovTO three men to make a rate to levy the fine whoe shall proceed therin thatmaybeiined. according to the rules sett down in the orders about the rates of the Countrey as neare as may bee, and incase such men as shalbee soe appointed to make the said rates shall neglect it ; they shall pay the fine themselves and such said rates as shalbee made ; a coppy therof shalbee delivered to the Cunstable to bee levied as rates for other charges. Towns to take It is enacted by the Court and the authority thereof that all townes measures to have . , . ^ the lands of the m this Government take cause that the true bounds of every of theire bounded. Inhabitants land be sertainely knowne, and suflicient bound markes to their particular lands on the penaltie of the forfeiture of ten shil- lings for every such neglect, the one half to the enformer and the other half to the Towne ; and this to bee done att or before the PART II.] COLONY OF NEW PLYMOUTH. 121 fifteenth day of 1659 ; and incase the Towne bee neglective they to bee liable to the fine of three pounds to the Colonies use. It is enacted by the Court and the authoritie therof that in case The ma^sirates ■^ ^ . may compel any there shalbee occation to iraploy a messenger in the Countreyes busi- person to act as , . , , , ,- 11 /- /• 1 • messenger, when nes that it shalbee lawfull for any of the inajestrates to presse any necessary. pson or psons to goe on the Countreyes occations and to bee payed out of the Countreyes stocke. It is enacted by the Court that every township in this GoVment Every town to ■' •' ^ ^ have a book of shall have a booke of the lawes of the Collonie and that they bee the laws of the colony, and to read oppenly once every yeare. cause them to be read openly each year. Note. — All the acts before noted as having been re-enacted in 1658, and which were originally published in the Book of Revised Laws, are here omitted — except such as have been materially altered. 16 122 LAWS OF THE [PART II. GENERAL LAWS. 1669. Acts and orders of Court made and concluded the seaventh of June 1659. Books of Qua- Forasmuch as many psons are greatly corrupted with the Quakers kers to be seized. jQpt^jjjeg by reading theire bookes writings or epistles which are sent and distributed into sundry places within this Jurisdiction ; It is therfore enacted by the Court and the authoritie therof that encase the Cunstable or Grandjurymen or Marshall shall finde or heare of any Quakers bookes epistles or writings hee shall seize on them and pi'sent them to a majestrate or the next Court. Towns to pay Wheras the grand enquest is a place of great trust and concern- lors! ^ ^"" '"^n' '"^ ^^'^^ Comon wealth ; in discharge wherof is required expence of time and charge ; It is therfore enacted by the Court that the severall townes of this Jurisdiction shall pay theire grandjurymen towards theire expence of time and charge att three Courts two shillings and sixpence a day and nothinge att election Courts and that onely fitt and able psons bee chosen for that service. Magistrates freed It is enacted by ^he Court that the Majestrates shalbee hence- certain cases. forth freed from all publicke rates as respecting the Majestrates table li'iTso. "°^ Clark and Marshalls wages. Horses taken up H[t is enacted by the Court that such horses and mares as shall ap- colony's.howdis- pear to hee the Countreyes by order of Court the one halfe of them ?LepeaiedJune shalbee the townes where they are taken up the due charge being 14, 1660. taken out of the said halfe and the other halfe to bee the Gov^nors then in being. No fine to be ex- It is enacted by the Court that a proposition bee made to the Quakers as siiaii Quakers that such of them as will promise and engage to remove wi^thfnsixm^onths. their dwellings out of this Govi'ment within six monthes after this present Court and pforme it ; that noe fine bee exacted of them as soe engage ; and such as whose estates are soe impoverished as they are disabled to remove they shall have som supply made them out of the Treasury to healp them. PART II.] COLONY OF NEW PLYMOUTH. 123 It is enacted by the Court that whatsoever pson or psons shall fre- Penalty for fre- ^ qucnt absence quently absent or neglect upon the Lords day the publicke worship from public wor- of God that is approved of by this Gov^ment shall forfaite for every such default ten shillings. [The two lawes respecting this particular made in 1651 were repealled both of them this court 1659.] It is enacted by the Court that when high waies are wanting in any Magistrates may towneship of this Jurisdiction that there the next Majestrate unto to"fay "out ^hl'gh- such Townshipp shall impannell a Jury for the laying out of such ^^^^' ways as shalbee found by them convenient. It is enacted by the Court that every Cunstable of this Jurisdic- Constables re- 1 n I y-( rr* T • -11 - 1 * quired to have tion shall have a Lunstable staite wherby to distinguish them in theire staffs. office from others and to bee provided by the Treasurer and to bee delivered by the forgoing Cunstable to him that succeeds yearly. It is enacted by the Court that a proposition bee made unto the sev- Proposition re- „ I . - , . -r . ,. . 1 I • I 1 specting the sum- erall townshipps oi this Jurisdiction whether in respect unto the repeal- moning- iiie free- ing of such lawes as were made in March 1657 and June 1658 and ^bini°£d fo'the September 1658 they shall thinke it meete to sumon the whole body ^he'vote on this of freemen to come together ; that soe the minds of the major p'^ of proRos'iion was the freemen may be knowne aboute the premises and to send theire and ill against it. minds to the next October Court. It is enacted that the law respecting the oath of fidelitie shall stand Magistrates may in full force onely that it shall be in the power of the majestrates to aity (or not tak- metegate the execution therof to such as are or shall appeer to bee Jfefity^ °^ low in their estates. It is enacted by the Court that all sentences and censures that shall The under mar- fall out to bee inflicted by the under Marshall viz. whiping stocking by the colony, stickraatising or puting to death hee shall bee payed for the same by the Country out of the Treasury. [The law about the under Mar- shalls pay made 1658 is repealed.] It is enacted by the Court that such as stay drinking or tippling The constable or wine or strong drinke abusively in any house of any towneship of warn such as tip- this Jurisdiction the constable or grand jurymen of the towne are fhe court'. '^' ° heerby authorised to make enquiry into sucii abuses and finding any to trangresse to warne them or cause them to bee warned to the Court to answeare for theire misdemeanors therein. It is enacted by the Court that three men bee nominated in the Three persons to votes for choise of Commissioners that soe in case of the fayleing of cmm^ssioners." either of the first nominated in the votes by reason of some evident hand of God impeding them then the third nominated to supply his place. Whereas complaint is made that the Indians in several! ptes of Indians may im- , . -r • 1- ■ 1- • • 1 (• 1-1 pound horses and this Jurisdiction hveing in remote places irom any townshipes have hogs in certain cases. 124 LAWS OF THE [part II. i^'ees of under marshal Tor com- mitment and dis- charge. Every town to have a poimd. Penalty for a town to neglect obtaining a brand for horses. Every owner of horses shall mark Purchase of lands fro(n Indians. received great damage by the horses and hoggs of the English : It is enacted by the Court that it shalbee lawful for the Indians soe enoy- ed by the horses or hoggs of the English whoe live remote from any towne to bring such horses or hoggs to the pound in the next town- ship and there to bee kept till the owners take a course to satisfy the damage ; and such Indians to have twelve pence a peece for horses and six pence a peece for hoggs ; if they bring them above eight miles ; and alsoe that if any neat Cattle shall treaspas the Indians ; it shalbee lawfull for them to impound them that soe thay may have reasonable satisfaction. It is enacted by the Court that the Under Marshall shall have of any prisoner comitted to his charge two shillings and six pence for Comitment and two shillings and six pence for his release and one shilling and sixpence a day for the time hee keeps him afterwards. This order was repealed att the Court held att Plymouth the 12 of June 1660. It is enacted by the Court that every towne of this Jurisdiction shall have a pound to impound Cattle by the next October Court on the penaltie of five pounds for every towne that shall neglect; and a pounder to keep it. It is enacted by the Court that if any towne in this Jurisdiction shall neglect to procure a brand marke by the last of July next for to marke their horses according to order shalbee fined five pounds. It is further ordered that evry owner of horses shall take the first op- pertunhle to marke and enter theire horses according to order and in case any shall neglect soe to doe betwixt this and March Court next shall forfite five shilhngs to the towne for such default for every horse found unmarked. The markes for horses for distinction of the Townes, For Plymouth a P on the neer buttocke. Duxborrow a D on the neer buttocke, Scittuate an S on the neer buttocke. Taunton a T on the neer shoulder. Sandwich an S on the neer shoulder. Yarmouth a Y on the neer shoulder. Barnstable a B on the neer buttock. Marshfield an M on the neer buttock. Rehoboth an R on the neer buttock. Eastham an E on the far shoulder. Bridgwater B on the neer shoulder. The Court understanding that some in an under hand way have given unto the Indians money or goods for theire lands formerly pur- PART II.] COLONY OF NEW PLYMOUTH. 125 chased according to order of Court by the rnajestrates thereby insin- uating as if they had dealt unjustly with them It is enacted by the Court that some course bee taken with those whom wee understand — Mmpie'"'^ "^ ""' It is enacted by the Court that the Grandjurymen in each towne Grand jurors to appear the fifth day of the week at election courts. of this Government bee warned att Election Courts to make theire day of the week appearance on the fift day of the weeke. Whereas some have desired and others thinke it meet to pmitt Persons allowed . ^ to visit the meet- some psons to irequent the Quaker meetmgs to endeavor to reduce ingsoftheQuak- them form the error of theire wayes the Court considering the prem- ises doe pmitt John Smith of Barnstable Isacke Robinson John Chipman and John Cooke of Plymouth or any two of them to attend the said meetings for the ends aforsaid att any time betwixt this Court and the next October Court: It is enacted by the Court that no strong liquors shalbee sould in No strong liquors any place within this Government to exceed in prise three shillings more than three a quart. shUlingspr. quart, THE OATH OF THE TREASURER. You shall faithfully serve in the office of the Treasurer in the Ju- risdiction of New Plymouth for this present yeare during which time you shall dillegently enquire after demaund and receive whatsoever sum or sumes shall appertaine to this Gov''ment ; arisiftg by way of fine amersement royaltie or otherwise and shall faithfully improve the same for the use of the Gov''ment and according to order dispose therof as occation shall require You shalbee reddy to give in a true account unto the Court of youer actings in youer said office yearly att June Courts Soe healp you God &c. THE OATH OF A GRAND JURYMAN. You shall true pi'sentment make of all thinges given you in charge you shall pi'sent nothing of mallice or illwill Youer owne Councell and youer fellows In reference to this Oath you shall well and truely keep so healp you God. 1660. Acts and orders made and concluded att the General Court held att New Plymouth the 10* of June 1660. Wheras there hath severall psons come into this Gov''ment comon- ly called Quakers whose doctrine and practices manifestly tends to the 126 ' LAWS OF THE [PART II. subversion of the foundamentals of Christian religion Church order and the Civill peace of this Government as appeers by the testimo- nies given in sundry depositions and otherwise It is therfore enacted None allowed to by the Court and the authoritie therof ; that noe quaker or p. son co- enlertain Quak- '' „ , , • i i • i_- i_- ers. monly soe called bee entertained by any pson or psons within this 16^. * "°^ ' GoVment under the penaltie of five pounds for every such default or bee whipt ; and incase any one shall entertaine any such pson igno- rantly if hee shall testify on his oath that hee knew not them to bee such he shalbee freed of the aforsaid penaltie ; provided hee upon his first deserning them to bee such doe discover them to the Cun- stable or his deputie. Every Quaker It is alsoe enacted by the Court and the authoritie therof that if coming into the colony, to be any Rantor or Quaker or pson coinonly soe called shall come into committed to .....^^ ,, 11111 jail. any towne within this Government ; and bee apprehended by the Cunstable or any other, they shall bring them before some one of the Majestrates of this Jurisdiction whoe shall comitt him or them to the Jayle ; and there to bee kept in close durance Bnd to have onely such provision as the Countrey aloweth which is thripence a day and soe to remaine untill the next Court after theire Comitment : If they refuse to and then to bee presented before the Court and by them inioyned leave the colony, ... , r 1 y-^ 1 ■ 11 to be whipped directly to depart out 01 the Gov'ment ; and in case hee or they Repealed June shall refuse Or neglect soe to doe, then that they shalbee publickly ' ■ whipt and sent out of the Government paying theire fees ; and for- asmuch as the meetings of such persons whether strangers or others proveth desturbing to the peace of this Gov'ment, Penalty for hold- jj jg therfore enacted by the Court and the authoritie therof that mg or permitting ^ ■' meetings of Qua- hencforth noe such meetings bee assembled or kept by any pson in Repealed June any place within this Gov''r^ent under the penaltie of forty shilling a ' ' time for every speaker and ten shillings a time for every hearer (that are beds of families) and forty shillings a time for the owner of the place that pmitts them soe to meet together ; and all such as shalbee found att any such meetings, as are under the Gov''ment of others as wives children or servants &c. The Cunstable of such a towne where such meeting is shall forthwith carry them either into the ,j« stockes or Cage whoe shall remaine there according to the descre- tion of the said Cunstable, provided if hee put them into the stockes they shall not continew there above two houres if in the winter nor above four houres if in the summer ; and if hee put them into the Cage they shall not continew there longer then untill night if in the winter ; and not longer then the next morning in the summer ; and for all young psons whoe are att theire owne dispose and shalbee found att any such meetings that the same course bee taken with th«m either by puting them into the Cage or stockes. PART II. j] COLONY OF NEW PLYMOUTH. 127 It is enacted- by the Court that there shalbee in the severall Every town to Towneshipes of this Jurisdiction a Cage erected especially att Sand- wich Duxborrow Marshfeild and Scittuate, and that the charge of theni shalbee defrayed out of such fines as shall arise, out of the said Townsbipes soe that the said charge exceed not three pounds. Wheras by a former order of Court all psons were required to Every inhabitant give notice to the Cunstables of theire severall precincts of all such prehend a Qua- psons as were knowne to bee foraigne Quarkers : Now this pi^sent Court doth enacte that it shalbee lawfull for any Inhabitant within this Jurisdiction upon theire knowledge ; and having opportunitie to use all endeavors to apprehend all such Quakers and to deliver them to the Cunstable or bring them before the Gov' or some one of the Majestrates. Wheras wee find that of late time the Quakers have bine furnished No person al- with horses and therby they have not onely the more speedy passage ahorse "for a from place to place to the poisoning of the Inhabitants with theire "^"^ "' cursed Tenetts ; but alsoe therby have escaped the hands of the Officers that might otherwise have apprehended them. It is therforo' enacted by the Court and the authoritie therof That if any pson or psons whatsoever in this Gov''ment doth or shall furnish any of them with horse or horse kind the same to bee forfeited and seized on for the use of this GoVment ; or any horses that they shall bring into Horses brought the GoVment or shalbee brought in for them and they make use of by "them to" be*' shalbee forfeited as aforsaid ; and that it shalbee lawfull for any "' ^"■* ' Inhabitant to make seizure of any such horse and to deliver him to the Cunstable or the Tresurer for the use of the Countrey. In reference to the puting in execution the order about the House House of Correc- * ^ , , tion to be en- of Correction ; it is ordered by the Court that an adition shalbee larged. erected of fourteen foot longe of equall hight with the prison att the one end therof with two Chemnyes in it ; one in the lower rome and the other in the uper rome ; with a yard afore it of about eight foot high made of boards ; and the Tresurer is to take some speedy course for the doeing of it ; and that a fitt pson bee chosen by the Majestrates to bee the overseer therof. It is enacted by the Court that any one that shall bring in any penalty for Quaker or Rantor by land or water into this Govi'ment viz. by being Qu^^efiM^'the a guide to them or any otherwise shalbee fined to the use of the "^"''"'y- Gov'ment the sume of ten pounds for every such default. Wheras some trouble and inconvenience hath arisen by reason Penalty for re- that some have bine chosen to the office of Cunstable and have aTcons'taWe^^^ rather chosen to pay the fine formerly amerced for such default then to serve in the said office ; and soe the towne nessesitated to make 128 LAWS OF THE [PART II. a new choise therby putting them to further charge ; It is enacted by the Court and the authoritie therof that if any man being chosen by any Towne in this Govrment to serve in the office of a Cunstable and shall refuse to serve therin shalbee fined the sume of four pounds the one halfe therof to the towne in which they are chosen and the other halfe therof to the use of the Collonie. Salary of under It is enacted by the Court that the Under Marshall shall have marshal. "^ . r i j r twenty nobles more aded to his former wages to bee payed out ol the Tresury : and that for the future hee shall not expect any fees for the keeping of any prisoner ; save onely to have two shillings and sixpence for comittment, and two shillings and sixpence for release as formerly. Penalty for not Whereas the Court have taken notice that divers of the freemen attending court of ,. , . ^~, /-^ r tii election or send- of this Corporation doe neither appeer att Courts of tilection nor send their voates by proxy for the choise of Majestrates &c. It is enacted by the Court and the authorite therof; that whosoever of the freemen of this Corporation ; that shall not appeer at the Court of Election att Plymouth in June annually nor send their voate by proxey according to order of Court for the choise of Gov' Assistants Comissioners and Treasurer shalbee fined to the Colonies use the sume of ten shillings for every such default, unlesse some unavoida- ble impediment hinder such in theire appearance, fowns to pay for Whereas the Milletary Companies of this Jurisdiction are entered Sie miUt™y com- '1"^° ^ Regementall Posture and therfore that the use of Pikes is panies. nessasary and some alreddy provided for that end ; It is enacted by the Court that the charge of the said pikes shalbee borne by the townes respectively and that notwithstanding this order that such as exercised with the said pikes shall keep theire other arraes viz. Mus- kett &c fix and fit for service. Penalty for neg- In reference unto the Order of Court conserning carrying of armes lecting to present . itii-- -i.iA. a list of those who to the meetings on the Lords day it is enacted by the Court and the tomeeting^on™! authoritie therof that if any overseer of any Squadron in any mille- or s ay. j^^.^. Cojj^panie of this Jurisdiction that shall neglect to take notice of and p'sent a true list of such as are defective in bringing theire armes to the meeting on the Lords day shalbee fined the sume of three pounds to the Colonies use. di^fjmk'*%m^^ ■'■'■ '^ enacted by the Court that for matter of ordinary delinquency offences without about pcnall lawes it shall bee lawfull for the Court of Maiestrates to a jury- . 1 . . » Repealed June 9, issue the same in point of sensure without impanneling of a Jury for the tryall of the case encase the fine exceed not the sume of ten pounds. It is enacted by the Court that all Controversies that shall arise PART H.] COLONY OF NEW PLYMOUTH 129 betwixt man and man not exceeding forty shillings shalbee ended by Magistrates may .-_.. ™ .- decide conlrover- the Majestrates att the Court of Assistants without Impanelling of a sies for sums not J/. , 11 c 1 exceeding fort^' ury lor the try all ol the case. shillings without It is enacted by the court and the authorities therof that exery per- ^ •'"'•''' son of the age of discretion which is accounted sixteen yeares whoe Penalty for pub- shall wittingly and willingly make or publish any lye which may bee hoods'! pernicious to the publicke weale or tending to the damage or hurt of any particular person or with intent to deceive and abuse the people with false newes or reports shalbee fined for every such default ten shillings, and if the party be unable to pay then to bee sett in the stockes soe longe as the Court shall think meet. It is enacted by the Court that hensforth noe fines due to the No fines to be '' . paid in Wam- Country shalbe payed in Wampampeake. pampeake. Forasmuch as complaint is made that many Indians presse into di- No strange in- .. fi 1 dians allowed to vers p'^^ of this Jurisdiction ; wherby some of the plantations begine reside in the coi- to bee oppressed by them, It is enacted by the Court that noe strange or forraigne Indians shalbee pmitted to come into any p'^ of this Juris- diction soe as to make iheire residence there ; and for that end that notice bee given to the severall sagamores to prevent the same. That Duxborrow be eased in the charg about the troop of horse Duxburytobe " ^ freed from the the next yeare. charge for the The Court have ordered than the law concerning not coming to oct. our meetings that the fines shall not be levied untill the Court shalbee attending niee"-"' in a capacitie to order otherwise. i"f until— '"' '^^" It is enacted by the Court and the authoritie therof That all our All legal process- Courts warrants Soummons and Comands bee all done directed flsty's^name.™^' and made in the name of his Ma'"^ of England our dread Sov'' and alsoe that all Sivill officers and minnesters of Justice within this Ju- risdiction to bee sworne is his said Ma"<55 name as alsoe that the oath of fidelitie and all other oathes shall goe in that tenure. In reference unto the law prohibiting buying or hiering land of the No person ailow- T !• !• 1 ■ T T 1 • 1 1 ^ . ^ I /~i • ed to receive land Indians directly or indirectly bearing date 1643 the Court interpretts from the Indians those words alsoe to comprehend under the same penaltie ; a prohi- t/gk4^thempow- bition of any mans receiving any lands under pretence of any gift ^^^' ^'^' from the Indians without the approbation of the Court ; hkevvise the prohibition of any English to give any powder shott or araunition horses or boates is intended alsoe under the same tearme of indirect selling unto the Indians under the same penaltie. 17 130 LAWS OF THE [part ji. 1661. All persons to lake the oath of fidelity. The marshal or constable to ap- prehend and whip Quakers, coming- into the colony. Their meetings forbidden. Erased in the original. George Barlow to have liberly to apprehend Quakers. The owner of a house where a meeting of Qua- kers is held to be fined or whipped. Att the Generall Court held att Plymouth the fourth of June 1661, enacted as foUoweth — It is enacted by the Court and the authoritie therof that, all psons within this Gov''ment that are att theire ovvne dispose and have not taken the oath of fidelitie shall repaire unto some one of the ma- jestrates of this Jurisdiction to take the said oath ; which if they shall neglect or refuse to doe such pson or psons shalbee sumoned to every election Court to make theire appeerance theratt ; during the lime of theire abode in this Gov''ment ; and if any such pson or psons shall then refuse to take the said oath they shalbee fined the sume of five pounds to the Collonies use. It is enacted by the Court and the authoritie therof That if any pson or psons comonly called Quakers or other such like vagabonds shall come into any towne of this Government the marshall or Con- stable shall apprehend him or them and upon examination soe ap- peering hee shall whip them or cause them to be whipt with rodds ; soe it exceed not fifteen stripes ; and to give him or them a passe to depart the Govi'ment ; and if any such pson or psons bee found with- in the Gov''ment ; without theire passe or not acting according ther- unto they shalbee punished againe as formerly ; and incase any Cun- stable of tWs Jurisdiction shalbee unwilling or cannot procure any to inflict the punishment aforsaid that then they shall bringe such psons to Plymouth to the under Marshall and hee shall enflict it. And forasmuch as the meetings of such persons whether strangers or others proveth disturbing to the peace of this Gov''ment It is en- acted by the Court and the authoritie therof That henceforth noe such meetings be assembled or kept by any psons in any place within this Gov''ment under the penaltie of forty shillings a time for the owner of the place that pniitts them so meet together or bee whipt ; and for all such as are speakers in such meetinges to pay the like penaliie of forty shillings or bee whipt. It is enacted by the Court That the Marshall Gorge Barlow shall have libertie to apprehend any forraigne Quaker or Quakers in any pte of this Jurisdiction and to bee prosecuted according to order provided in that case. It is enacted by the Court and the authoritie therof that henceforth noe pson or psons shall pmitt any meetings of the Quakers to bee in his house or housing on the penaltie of being sumoned to the gener- PART II.] COLONY OF NEW PLYMOUTH. 131 all Court and there being convicted therof shalbee publicldy whipt or pay five pounds to the Collonies use. Wheras there is a constant monthly meeting together of the Qua- ^j'^jo"atte^5'""i,e kers from divers places in ereat numbers which is very offencive and meetings of the . . P ■ r^ Quakers. may prove greatly prejuditiall to this Gov''ment, and in asmuch as the most constant place for such meetings is att Duxborrow, this Court have desired and appointed Mr. Constant Southworth and Wiliam Payboddy to repaire to such theire meetings together with the Marshall or Constable of the Towne and to use theire best en- deavours by argument and discourse to convince or hinder them ; and in case the place of theire meeting should bee changed, the Court desires the above named or any other meet psons to attend them there alsoe. It is enacted by the Court and the authoritie therof That hensforth Jhe charges to ■^ ^ be paid before noe Summons bee issued forth before the action bee entered and summons be Charges defrayed. It is enacted by the Court that henceforth all evidences and Tes- ^". testimony to •' be m writmg". timonies that shalbee produced for the clearing of any case shalbee given into the Court in writing and to bee kept upon the file. Forasmuch as Jurymen for tryall of causes betwixt pty and ptie ff'Ja°o/°aus(fs have bine sumoned out of the Towne of Plymouth and other townes f'"""' what towns •' to be summoned. neare therunto and that by the frequency therof it hath proved bur- thensome to such, It is enacted by the Court and the authoritie therof that out of other townes of this Jurisdiction ; the most remote excepted as occation shall require there shalbee one man out of each towne required to attend the Courts for such purpose whose name shalbee specifyed in the warrants that are issued forth to warne the Court. It is enacted by the Court that all stray horses or horse kind that Horses to belong noe particulare pson can make any just profFe that they are his or when no owner theires shall appertaine unto the Countrey. It is enacted by the Court that all such as take any strayes that Persons taking up strays shall shalbee found and proved soe to bee they that take them up and give have one third. them information conserning them ; shall have one pte of three for theire labour therin. It is ordered by the Court that the rules and wayes to bee ob- The title to strays J « , 71 /■ 11111' . to be determined served lor the tryall ot strayes shalbee by theire age markes by their age, Couller, &C. marks, &c. It is enacted by the Court that all woulves that shalbee killed by Bounty on any English in any pte of this Jurisdiction ; they that kill them shal- paid. ' bee payed by the townes in whose precincts they are killed ; and such Indians as kill any wolves ; they shalbee satisfyed by tlie Treasurer. 132 LAWS OF THE [PART II. Foreigners not It is enacted b}"- the Court That noe strane;er or forraiener shall lo make fish at . , ^ r " i i ■ /- /• i Cape Cod with- improve our lands or woods att the Cape lor the raakemg oi hsn without liberty from the Gov'"ment : and that all such as shall have libertie shall attend such further orders as shalbee given them con- serning the same ; and that they shall pay sixpence a kentall for all such fish as shalbee made as aforesaid ; to the Collonies use. Excise to be paid It ij enacted by the Court and the authoritie thereof That all or- by ordmary -^ keepers and re- dinary keepers or other retaillers of strong waters doe pay an excise See act of June, of foure pence a gallon for all such liquors as is made in the Collo- nie and drawne forth and retailed by them, and eight pence a gallon for all such as they shall bring in or have brought in to them from other ptes which they shall draw forth and retaile as aforsaid ; and that when they bring home any Liquors they shall enter it with the Towne Clark before it bee broached on the penaltie of the forfeiture of the third pte of the vallue of what is drawne out before it bee excised. Excise on oys- It ig enacted by the Court, that five shillings shalbee payed to the ters exported. *' . Countrey upon every barrell of Oysters that is carryed out of the Gov''ment, and that the Countrey bee not defrauded hee shall enter them with the Towne Clarke before hee carry them away or else to forfeit twenty shillings p barrell on any carryed away not entered. Excise on boards, It is enacted by the Court that for all boards and plankes that planks, &c. ex- "^ * ported. shalbee transported out of the Gov''ment three pence a hundred bee payed to the use of the Countrey ; and six pence p hundred bee payed upon barrell staves and heading and eight pence an hundred on hogshead staves and hogshead heading ; and that both boards planck and cooper stuffe bee entered with the towne Clarke before it bee carryed away on the penaltie of the forfeiture of the one third pte of the vallue of what is carryed away not entered. Duty on iron ex- It is enacted by the Court and the authoritie therof that whoesoever shall transport any Iron out of the Gov^^ment shall pay unto the Countreyes use twelve pence on every hundred and hee shall enter such Iron as hee carryeth or selleth away with the Towne Clarke on penaltie of forfeiting a third part of the vallue of it to the Coun- treyes use. Towns may sell The Court having declared by theire voat that in theire Judgments the privilege oi _ " _ ■' ° t iking such and Consiences the benifitt of whales is yett the Countreyes not- whales as come .... , . ^ , ashore for the Withstanding any thinge lormerly done ; have ordered conserning /e'Ss." ^ them as followeth viz : That the townes where any shall come on W61 "* °^ "'""^' shore may rent them for three yeares att the rate of two hogshead for a fish yearly to bee payed att Boston full and marchantable and that the deputies of those townes doe signify this tender to theire PART II.] COLONY OF NEW PLYMOUTH. 133 townes which in case they doe not accept the Treasurer to have power att October Court to lett it to the best advantage to any other that will hier itt and then to allow to such townes where any fish comes on shore, two hogshead out of every fish to any publicke use of the towne on Condition that they suffer any man that heireth it ; freely to cart and try it on theire lands and with theire wood. It is enacted by the Court that whosoever taketh any whale on Whales taken drift att sea without those bounds and limitts alreddy sett: and doe belong one half to bring them on shore he shall have the one halfe and the Countrey the oiher°hain"o the other halfe ; the Countrey to allow Cash for their p'e of the Oyle. ''°^°''y- It is enacted by the Court that whosoever shall find any whale on Two hogsheads shore on the Cape or elsewhere ; that is out of any townes bounds ; ed the colony for and is on the Countrey es bounds or limitts shall alowe the Countrey ashore out of the two hogsheads of oyle cleare and payed at Boston. t'owlf. "'^^^ It is enacted by the Court and the authoritie therof, that if any The widow to man die without will his wife shall have a third part of his land during part of the real her life and a third pte of his estate forever. fifeta„done?tWrd It is enacted by the Court, that a sufficient man in every town, ll^^l' igae""*' bee appointed to take up what excise shalbee due to the Countrey a person to be whether Iron Tarr boards oysters &c. and that the said men bee un- fe''cuhe"exdse''°ia der oath and that they shall have power to make serch and what for- ffg VaSn June feites they find they shall have the one halfe therof : and out of the 1662. said excise evidenced to have three shillings upon the pound ; and that they give a just account to the Treasurer the first of November and the first of May annually ; The names of such as are apointed are as foUoweth. For Plymouth John Morton. Persons appoint- For Yarmouth Rich. Tayler. For Duxb; Gorg Partrick. For Barnstable John Finney. For Scittute John Turner Jun''- For Marshfield, John Bourne. For Sandwich Gorg Barlow. For Rehoboth Willam Carpenter, For Taunton Willam Harvey. For Eastham Job Cole or some other the towne shall app. For Bridgwater John Haward Juni'- THE OATH TO BEE GIVEN TO THOSE THAT RECEIVE THE EX- CISE. Forasmuch as the Court have seen cause to order an excise to bee layed upon sundry thinges you shall dilligently attend the execu- 134 LAWS OF THE [part II. tion of all such orders in such case provided ; and both demaund and receive such sume or sumes as shalbe due to bee payed by vertue of any the said orders ; You shall faithfully keep a true account of all such sumes as you shall therby receive and faithfully deliver up a true account therof unto the Treasurer as hee shall demaund it ; ac- cording to order Soe healp you God. Duty on tar ex- ported. Acknowledge- ment of Charles II. Charles II pro- claimed. THE OA'te OF A SEALLER OF MEASURES IS AS FOLLOWETH. Wheras You are chosen to the office of a sealler of measures for the Towne of &c. You shall during youer continuance in the said office truly and faithfully seize and seale all such measures as are att any time brought in unto you for that end ; according to the best of youer abillities as exact as may bee- according to such standards as are allowed and provided by the Countrey So healp you God &c. It is enacted by the Court that all Tarr that goes out of the Gov""- ment ; six pence a barrell be payed to the Countrey ; Upon all such Tarr as shalbee made ; on any lands that are within any Township and twelve pence a barrell on such as is gathered on the Countreyes Comons ; and that the same course bee taken for the entery therof before any bee carryed away on penaltie of forfeiting foure shillings a barrell for any so carryed away ; provided that all such Tarr as is made or shalbee made att any time within this instant month of June shall not fall under this order. Whereas we are certainly informed that it hath pleased God to es- tablished our Sov"^ Lord Kinge Charles the second in the enjoyment of his undoubted right to the Crownes of England Scotland France and Ireland ; and is so declared and owned by his good subjects of these Kingdomes. Wee therefore his Ma''^^ Loyall subjects the Inhabitants of the Jurisdiction of New Plymouth doe heerby declare our free and red- dy concurrance with such other of his Ma''es subjects and to his said Ma''<=s his heires and successors we do most humbly and faithfully submit and obhdge ourselves forever. God save the Kinge. June the fift Anno Dora. 1661. The fift day of June 1661 Charles the Second King of England Scotland France and Ireland &c. was solemnly proclaimed att Ply- mouth in New England in America. PART II.] COLONY OF NEW PLYMOUTH. J 35 1662. June. Wheras there hath bine much controversye occationed for want of a full and cleare settlement of matter relating unto such whales as by- Gods providence doe fall into any pte of this Jurisdiciion, This Court doth therfore order for the prevension of any discontent or controversy for the future and for a finall issue and settlement soe farr as in the Court lyeth about the same ; that for all such whales as A barrel of oil to •* ^ < be paid ihe colo- by Gods providence shalbee cast on shore on any pte of this Gov'' ny for each whale ■^ ^ cast on shore, or ment or shalbee by any cutt up att sea and brought on shore in the found adrift. GoVment ; there shalbee for every such fish one full hogshead of marchantable oyle payed unto the Countrey delivered att Boston by such towns or psons as are interested in the lands where they shall fall or shall soe cutt up any fish at sea ; and incase that any fish bee soe considerably torne or wasted that a full quarter pte bee gone ; then to pay but halfe a hogshead and for such inconsiderable peeces of fish as are lesse than halfe they shall pay nothing ; and for the res- edew of such fish or the produce of them as reraaines the Countreyes pte being discharged It shalbee freely att the dispose of such Townes where it falls or for the benefett of such as cutt them upp ; if taken or drift without such bounds as have bine formerly sett ; the same be- ing still continewed. The Court proposeth it as a thing they judge would be very co- The court recom- mendable and beneficiall to the townes where Gods Providence shall of every whale cast any whales; if they should agree to sett apart some pte of every appropriate'd^ for such fish or oyle for the Incouragement of an able Godly Minnester mfni's"?!."" "'^ ** amongst them. Wheras great complaint is made of intoUarable abuse in divers ptes of this Gov''ment by the bringing in of such great quantities of wine and stronge waters by which great excesse is occationed both amongst Indians and English ; and alsoe to prevent the abuse in trading pow- der shott and ledd to the Indians ; It is enacted by the Court and the authoritie therof, That whatsoever wine or strong waters powder whoever brings shott or lead shall be brought into this Gov'ment by any boate, barke "-"g 'shot''°&cf or other vessell or into any plantation by any carrier or wagonor that voi^'^of'th ^" "" is knowne to them : the said master Carrior or wagonor shall within '" ^"<^'> person as ° . _ the court shall ap- three dayes of his arrivall or sooner if it be demannded of him ; give po""'- in an Invoce of the same to such pson or psons as the Court shall appoint therunto on penaltie of his forfeiting the vallue of all such 136 LAWS OF THE [PART 11. goods the one third to the Informer and one third to the Collonie, and a third to them that is appointed to invoce and such. Moreover in case any master Carrier or wagoner shall have cause to suspect any such goods may bee concealled in any Cask or sacke amongst other goods ; It shalbee lawful! for him to detaine it under his charge untill hee have enfonned the pson or psons appointed to To whom the for- take care therof and authorized ; and incase any shalbee found that hath bine so concealed it shalbee forfeited the one third to the Collo- nie another third to the master or any other that shall enforme ; and another third to the searcher and that all such psons as shalbee ap- pointed to take Invoce of such goods shall give an accounte into every of the generall Courts that soe they may enquire after and take due course ; for the prevention of such abuse — And this Court doth impower the Majestrates to take such effectuall course against any that they shall find to transgresse in this kind as they may incase of other misdemeanors. Distillers requir- And further the Court doth require all psons within this Gov''raent ed to render an account of the that doe or shall still any stronge waters to give in an account unto ■ the pson appointed therunto of their disposall of them both of the quantitie and the pson to whom sold on penaltie of his forfeiting the valine of such liquors as hee shall not give in ; a third to the Collonie a third to the enformer and a third to such psons as are appointed to take Invoyce therof. Excise on liquors It is enacted by the Court thatt all ordinary keepers or retaillers retailed. ■' . J f of Strong waters doe pay an excise of four pence a gallon for all such liquors as are made in the Collonie and drawne and retailled by them, and eight pence a gallon for all such as they shall bring in or have brought in to them from other ptes which they shall draw forth and retaile as aforsaid : and that all retailers and ordinary keepers shall ^e^anTccount"' ^wise in the yeare viz : in the month of May and in the month of twice a year to October ; give in to the Treasurer or his assiernes a true account of the treasurer. ." _ ^ all such Liquors as they shall bringe in, or shalbee brought in unto them and retailled as aforsaid upon the penaltie of paying a fine of five pounds for any that shalbee brought in and not accounted for as aforsaid. Order about Ken- Wheras it IS given forth that divers are unsatisfyed about the sale of Kenebecke and that opportunitie is lately presented unto us for the haveing of it againe the deputies haveing considered of the pi'mises, and finding noe way p^senting it selfe by the takeing of it againe for the better advantage of the Collonie, have with one con- sent agreed that they desire not to meddle with it againe but doe ratify the sale therof. PART II.] COLONY OF NEW PLYMOUTH. 137 The Treasurer is ordered by the Court to procure a booke of A book of the •^ \ statutes of Eiig- the Statutes of England for the use of the Collonie. land ordered. Wheras complaint is made of some ordinary keepers in this Juris- j^° ordinary ^ •' ^ keeper to sell diction that they doe allow psons to stay on the Lords daies drinking "ine or liquor on ... . . ° the Lord's day, m theire houses in the Intrimes of times betwixt the exercises es- except— pecially young psons and such as stand not in need therof : It is enacted by the Court and the authoritie therof that noe ordinary keeper in this Gov''ment shall draw any wine or liquor on the Lords day for any except in case of nessesitie for the releife of those that are sicke or faint or the like for theire refreshing ; on the penaltie of paying a fine of ten shillings for every default. It is ordered by the Court that the Generall training shalbee one The general yeare at Duxborrow and another yeare att Yarmouth ; that is to say hd'd."°'^' every other yeare for the future att one of those tovvnes ; onely this pi'sent yeare for speciall cause it is ordered to bee att Plymouth on the third Wednesday in September next. It is enacted by the Court that if any one of the foot souldiers of Penally for bein^ . - , , ^ . . . absent from the any miUetary Companie of this Jurisdiction shall unnessesarily ex- general trainings. empt himselfe from appearance att the generall trainings att the time and place appointed except in case of sickness lamenes Countrey busines or the like shalbee fined five shill a day for every day they shall soe neglect in case they cannot give a satisfactory reason therof unto the milletary Comannder in cheife of that Companie and that all such fines shalbee to the use of the Companie to which the de- The clause in linquents doe belonge ; and these fines to bee as loell for the daies serried iIThe"rriar- of marchins: out and home as for the daies of exercise in training. ^"' ° j'^? °I!?^5^' •' _ '' "' •' ° records in 1664. It is enacted by the Court that the whole troop of horse both they The troop of and the voulenteers aded to them shall have the same hbertie that from foot s t service. was graunted to those that were the first Troopers viz : to be freed from foot service watching and warding ; and likewise theire horses to bee rate free. Wheras notwithstanding former orders that have bine made for the Recommenda- r 1 I X !• 7 1 1 /• *'o^ *o *he towns preventing ol wrong done to the Indians by the horses and hoggs of to adopt meas- the English ; it doth appeer that the Indians living in remote ptes "lOuVf^iheTn- from any townshipes doe sustain much wrong by horses, and that the ^^"^ ^^°'^ °^^' English likewise may sustaine much damage in theire pticulares ther- by ; the Court having seriously considered therof and finding some Inconvenieucy in coming to a generall order about the same ; have thought good to propose it to the severall townshipes of this Juris- diction as a thinge much conserning them that such Townshipes where such wrong is done : doe speedily take some course within themselves about the same either by agreeing with the Indians to 18 138 LAWS OF THE [part II. The former or- ders about public worship^ &c. to be observed. The constable to collect all fines not exceeding £5. Taxes, how to be assessed. Selectmen to be chosen, who may hear and deter- mine controver- sies for sums not exceeding 405. healp them to fence tbeire Corn themselves where places are uncapa- ble of fencing for want of stuffe or otherwise as shalbee found most suitable to tlieire Condition ; to prevent future Inconveniencyes that may come by theire neglect of the same. Wheras the Court have formerly provided against the prophana- tion of the Saboth by unnessesarily travelling on that day ; and have alsoe provided against the setting up of any publicke meeting without allowance of the Govnnent, This Court doth desire that the trans- gression of these orders may bee carfully looked unto and p''vented ; if by any due course it may bee. It is enacted by the Court that the Cunstable in each Township in this Gov^ment shall gather in all fines that shall fall within his lib- erties not exceeding five pounds, and to have two shillings on the pound for gathering of them. It is enacted by the Court That all psons lyable to be rated in every Towne of this Gov^ment be rated according to theire visable estate and faculties that is according to theire faculties and p'sonall abillities whether they are in lands ; both meddow lands improved lands or dorinand lands appropriated ; or in cattle goods or stocke imployed in trading in boates barques &c. mills or other visible es- tate but for the Incurragment of trafficke That it be order That Barques Catches and biger vessells may not be rated above halfe theire vallue dormond lands both upland and meddow to be rated for every hundred acres according to forty shillings estate ; and if any pson lay downe any pte of his propriety to the Comonage of the Companie there associated together hee shalbee rated but for what quantitie hee keepes his propriety in ; and concerning stockes im- ployed in trading att home in and about the place where hee lives shalbee rated onely for two thirds of such stockes soe improved ; as thus one hundred and twenty pound stocke to be imployed in trading shalbe rated for eighty pounds, and soe proportionable. Concerning Dormond lands that the p''sons be rated for them in such townshipes as the psons that ownes them inhabites. It is enacted by the Court That in every Towne of this Jurisdic- tion there be three or five Celectmen chosen by the Townsmen out of the freemen such as shalbee approved by the Court ; for the bet- ter managing of the afaires of the respective Townshipes ; and that the Celectmen in every towne or the major pte of them are heerby impowered to heare and determine all debtes and differences arising between pson and pson whhin theire respective Townshipes not exceeding forty shillings ; as alsoe they are heerby impowered to heare and determine all differences arising betwixt any Indians and the English of theire respective townshipes about damage done in PART II.] COLONY OF NEW PLYMOUTH. 139 Come by the Cowes swine or any other beastes belonging to the Inhabitants of the said respective townshipes : and the determination of the abovesaid differences not being satisfy ed as was agreed, the pty wronged to repaire to some Majestrate for a warrant to receive such award by distraint. It is further enacted by the Court That the said Celectmen in May issue sum- monses in his every Township approved by the Court or any of them shall have Majesty's name. power to give forth sumons in his Ma''^>* name to require any psons complained of to attend the hearing of the case and to sumon wit- nesses to give testimony upon that account and to determine of the Controversyes according to legall evidence ; and that the psons com- plaining shall serve the summons themselves upon the psons com- plained against and in case of theire non appeerance to proceed on notwithstanding in the hearing and determination of such controversy as comes before them : and to have twelve pence apeece for every award they agree upon. It is likewise enacted by the Court that such Indians as plant in lndia,ns planting '' * _ corn in any town any Township of this Jurisdiction ; that they shall cecure theire required to fence Come by sufficient fences from any damage that may come therunto by any Cattle of the English amongst whom they dwell ; and for such Indians as shall plant on theire owne land out of the bounds of any township That the English are either to healp them in fencing theire Come or to satisfy for such damage as shalbe done unto them by theire cattle or beastes therin. It is enacted by the Court That all matters of misdemenior that Magistrates to - . 1 11 1 • I- • 1 '^''^ cognizance the majestrates shall take cognizance oi without p''sentment by the of misdemeanors. Grandenquest They have full power and determine them by fine or otherwise as the nature of the offence may require as if p''sented. Forasmuch as noe house of Correction is yett provided in this Any two magis- Gov''ment to receive and punish such as not onely live idley and mine offences unproffitably but are not otherwise vicious and wicked in theire car- ^^iipp^ng, &.L ryage towards theire parents or otherwise, It is enacted by the Court That any two Majestrates of this Jurisdiction haveing examined the case shall have power any offender to be punished by stocking or whipping according to the nature of the offence. Liberty is granted unto the major to admitt of soe many volunteers The major may into the troop of horse as will make up the number of forty eight ; into the troop of the Commission officers excepted and all such as continew three "^®' years att the least. HO LAWS OF THE [part II. 1663. Vagabonds lo be whipped. 1661. No liquors except the Eng'lish shall be sold for more than six shillings a gallon. Penalty' for sell- ing wine, &.C., without license. No ordinary keeper to allow children or ser- vants to buy Blrong liquors. It is enacted by the Court and the authoritie thereof that if any person or persons shall come into this government that according to the law of England may justly bee accounted Vagabonds, the Mar- shall or the Constable of the Towne vvhereunto they come shall ap- prehend him or them and upon examination soe appearing, he shall M'hip them or cause them to bee whipt with rodds, so as it exceed not fifteen stripes and to give him or them a passe to depart the gov- ernment and if any such person or persons shalbee found without their passe, or not acting according thereunto they shalbee punished again as formerly ; and in case any constable of this Jurisdiction shalbee unwilling or cannot procure any to inflict the punishment aforesaid, that then they shall bringe such persons to Plymouth to the Under Marshall and he shall inflict it. It is enacted by the Court that noe liquors bee sold in any pte of this Govment that shall exceed in prise six shillings the gallon ex- cept it bee English speritts. It is enacted by the Court that whosoever shall sell any wine or stronge waters in any towne of this Government being not alowed by the Court shalbee fined five pounds to the use of the Collonie. It is enacted by the Court and the authority thereof that noe ordi- nary keeper in any towne in this Gov''ment shall permit any single persons either children or servants under the Gov''ment of parents or masters or any that are not housekeepers to buy any stronge liquors or wine in their houses or where they have to doe without libertie from theire parents or masters, upon the penaltie of paying a fine of five shillings for every default. OF SEARCHING EOATES FOR LIQUOR &C. Wheras great complaint is made of intollorable abuse in divers pts of this Govment by the bringing in of soe great quantities of wine and strong water by which great excesse is occationed both amongst English and Indians ; It is enacted by the Court and the authoritie thereof that whatsoever wine or strong waters shall be brought into this Gov''ment by any boat, barque or other vessel or into any planta- tion by any carrier waggoner or boates master, they or any of them AH persons bring- soe bringing in strong water or wine shall emediately upon their ariv- iHfoThe colony to all before they break bulke or unload give in an Invoice therof to Srsame"^""^'' °'^ s"^^ person or persons as the Court shall appoint thereunto upon the PART II.] COLONY OF NEW PLYMOUTH. 141 penaltie of forfeiting all such goods one third to the Collonie a third to the enformer and a third to those that are appointed to in- voyce and serch ; and in case the goods so forfeited shall appear not to bee the masters of the vessell or the waggoners, the damage that shall acrew to the owners of such goods shal bee made good by the said master or waggoner, and in case any such goods shal bee brought into any towne of this Gov''ment by any vessel or waggon, the master or waggoner not knowing thereof; That then the forfeiture therof shall fall upon the owner of such said goods and in case any such goods shal bee in any man's custody that is not invoyced, they or the vallue of them shal bee forfeited as aforesaid ; and in case any master of a ves- sell or a waggoner shall arrive att such time as the persons appointed to invoyce them are not att home That then it shalbee sufficient notice When the person .- , . , , 1 /• 1 appoinled to re- given il the said master or waggoner leave a note thereoi att the ceiveihe invoice house of the said person deputed with his wife or some other of des- tice is sufficient, cretion in his family ; and in case any master carrier or waggoner shall hav^e cause to suspect any such goods may be concealed in any caske or sacke amongst other goods ; it shalbee lawful for him to de- taine it under his hand untill bee have enformed the person or persons appointed to take care thereof in whose power it shalbee to open and serch the same ; and in case any shalbee found that hath bine so con- cealed it shall be forfeited one third to the Collonie one third to the master and another third to the sercher ; Morover all such as are ap- pointed to invoyce such goods are authorized by the Court to serch any man's boate house or waggon for such goods as occasion shall re- quire and in case any shall be found that hath bine so concealed, It shalbee forfeited as aforesaid and that all such persons as shalbee ap- pointed to take invoyce of such goods shall give an account unto every of the Generall Courts, that so the Court of Majestrates may xi\ after the as they shall see cause enquire after the orderly dispose of such wines coirts" was"addi or strong liquors wherein if they have not a satisfactory answare they «"^ ''"'y i"' l^""- may inflict such suitable penalty by fine or otherwise on such abusive disorderly disposers thereof as they may judge requisett for remedy of that abuse. It is enacted by the Court that whosoever shall by pound breach Penalty forpound lett out any beast or cattle lawfuly impounded shall pay a fine of fifty shillings for every such default. It is enacted by the Court that noe man shall make any particulare None to use the use of any of the Indians lands without leave of the Court. without leave of It is enacted by the Court, that if any Indian or Indians shall be °'"'" found drunke in any township of this Gov''ment: That they be forth- drank to beset in with taken by the constable of the towne and sett in the stockes ; and ^^ "*'*'"• 142 LAWS OF THE [part II. Bounty on wolves to be paid the Indians in wampam. No new settle- ments to be made unless by a suf- ficient number to support public worship. Vacant lands, when taxed. Lands in Sacon- eesett, &c. to be taxed for the support of public worship. that if any liquors shalbee found with the Intiians that it he forfeit to the use of the Govment, and that it shalbee lawful for any man to seize any Indian found drunke or any liquors found with the Indians and bring him or it to the constable to be ordered and disposed of as aforesaid, unless any Indian shall make it appeer that hee hath such liquors according to order of Court. And the said Indians that shal- bee sett in the stockes as above said shall defray the charge therof which is two shillings and six pence a time for every of them. In reference unto such woulves as are or shalbee killed by the Indians the Collonie being out of stocke It is ordered by the Court That a p^sele of wampam in the Treasurers Custody shalbe devided and put into the hands of Leiftenant Freetnan Leiftenant Hunt and the Treasurer for the paying of the Indians fifteen shillings p' head, they bringing theire head when the pay is demaunded and these men to give an account this time twelve month what they shall disburse on this account ; and if any of them shall disburse more then the peage comitted to them ; then they to be repayed againe either by rate or otherwise. It is enacted by the Court and the authoritie therof conserning the settleing of New Plantations in an orderly way that notwithstand- ing the graunt of lands to any p^icular pi'sons incase such lands lye soe remote as the Inhabitants therof cannot ordinaryly frequent any place of publicke worship That then noe person be admitted after the date heerof to goe to inhabite upon any such Lands without such a competent companie or number of Inhabitants as the Court shall judge meet to begine a societie as may in a measure carry on thinges in a satisfactory way both to Civill and Religious respects ; and for the more comfortable carrying on therof : It is further ordered that such pson or psons as shall have the graunt of such lands about such places and will neither att the p''sent live on them themselves nor sell nor lett them to others that would : that then such lands not yett inhabited att the begining or progresse of such societies shalbe lyable to be rated in some meet proportion towards the defraying of such nessesary charges as shall arise either on civill or religious respects as abovesaid especially respecting an able godly minnester in such place or places : Alsoe for such places alreddy begun with an inconsiderable num- ber viz : Saconeesett Acushenett &c that it bee comanded unto them to apply themselves in some effectuall way for the increase of theire number as they may carry on thinges to better satisfaction both in civill and religious respects especially that they indeavor to pro- cure an able Godly man for the dispensing of Gods word amongst PART II.] COLONY OF NEW PLYMOUTH. 143 them ; and for theire quickening and Incoiirngement therin, this Court doth order That all such lands as are within theire respective places though not inhabited shalbee lyable to be rated in some mea- sure of proportion for the defraying of such charges as shall nesses- arily arise concerning the p''mises : And for the quickening and Incurragement of the well affected in the towne of Sandwich or any other plantation witbin this Gov'ment whoe shalbe active this way ; this Court takeing into theire serious consideration the great need therof in every plantation as to the prop- agation of the Gospell and florishing of religion the great and knowne end of our transplanting into these ptes of the world as alsoe of the graunt of competent quantities of lands to the respective plantations ; and therfore according to their duties incombent on them ; doe heer- by declare theire reddiness to assist such well affected as afforsaid ; by puling forth theire power vvher ther shalbe need for the raiseine of The Court ex- •' * ^ 1 ^ ^ o press Iheir readi- comfortable and competent maintainance for such able faithfull men "ess to aid new plantations in the as shalbee procured in such Townships and make it theire worke to support of public attend upon the minnestry of the word of God amongst them ; from all such respective Inhabitants as shall inhabite any such lands accord- ing to such former order as by the Court is alreddy provided in such case. It is proposed by the Court unto the severall Townshipes of this Recommenda- T . ,. . , . , . , . . . , 'i°° 'o Ibe towns Jurisdiction as a thinge they ought to take mto theire serious consid- to adopt meas- rni t r 1 • i ^^^s for the sup- eration i hat some course may be taken that in every towne there port of schools. may be a Scoolmaster sett up to traine up children to reading and writing. It is enacted by the Court and the authoritie therof that all ordina- Excise on liq- uors, ry keepers or retaylers of strong waters doe pay an excise of six 1661. pence a gallon for all such liquors as are made in the Collonie and drawne forth and retailed by them and twelve pence a gallon for all such as they bring in or have hrought in unto them from other ptes and eight pence a gallon for all wine that shalbe brought in and re- tailled as aforsaid and that those that are appointed in each towne to looke after the law concerning excessive bringing liqours into the Gov''ment shall alsoe take up the excise ; and to have two pence a gallon for all liquors destilled in the GoVment and four pence a gal- lon for all such as shalbee brought into the Govi'ment and two pence a gallon for all wine that is brought in and retailled as aforsaid and that all such retaillers or ordinary keepers shall make payment of the said Excise unto those that are appointed to receive it ; att the same time that they bring in such wine or Hqours or that it is brought in unto them ; or give a bill under theire hand for the payment therof 144 LAWS OF THE [part II. in some short time after ; upon the penallie of paying a fine of five pounds for any that shalbee brought in and not excised or securitie given for the payment therof as aforsaid ; And if any one chosen shall refuse to serve hee shalbee fined forty shillings to the use of the Collonie. Receivers of the The names of the Receivers of the Excise in each Towne. Plymouth Duxbur. Scittuate Sandwich Taunton Yarmouth John Morton William Harlow Benjamin Barllett Edw. Jenkins John Daman James Skiffe Thomas Tobey James Walker Francis Smith Mr. Hawes Rich: Tayler. Barnesta. Henery Cobb Nathaniel Bourne Marshfield John Bourne Rehoboth Leiftenant Hunt Richard Biillocke Eastham John Done Jun^. Willam Walker Bridgwater John Willis. examine the Treasurer's account. Towns may Wheras the Towne of Scittuate prefered a petition to this Court a^|en requesting that the Treasurers accompt may be more pticularly sent to the severall Townshipes of this Jurisdiction : The Court have ordered That henceforth att every election Court ; any of the Towns aforsaid may if they please to send any meet pson to joyne with others to take the Treasurers accompt ; and soe to acquaint theire respective towns wherwith in as p''ticular a manor as may be ; which we hope may satisfy. 1664. An address voted to his Majesty for a confirma- tion of the Pa- tent. At the Generall Court of election held att Plymouth the S"' day of June 1664. The body of freemen of this Corporation being assembled it was agreed and voated by them that an addresse shalbee made unto his Ma''« for the further confeirmation of our Pattent with as much con- veniency as may bee ; and for the management and ordering of mat- ters conserning it both for the raiseing of moneyes and appointing of men to bee imployed therin. The Countrey have refered the same to the Court of Majestrates and deputies. PART II. J COLONY OF NEW PLYMOUTH. 14.5 The body of the freemen of this Corporation being assembled in Rcsoivo tomaiu- Court ; have ordered ; and doe heerby declare theire resolutions to to their lands. maintaine theire just rightes which for many yeares they have bine possessed of in all those lands from Cape Codd to Saconett point with Pochassett Causumsett and the lands about Rehoboth to Pa- tuckett River and as far up the said River till wee meet the Massa- chusetts line which crosses the said River and thence to Coahassett as the line runs. And that incase any pson or psons bee seated or shall seat them- Persons coming . upon tliem willi- selves Within any the said lands or cause any cattle to bee brought out leave to be within the said bounds or otherwise acte to our Treaspas without leave froiri this Gov''ment and not withdraw after warning given them ; that then some effectual course be taken for the removall of them. And for that end it was likewise voated by the said Court that Letters directed to be sent to R, letters should bee directed from this Generall Court to the GoV and inland for the Councell of Road Hand for the asserting of our just rightes as afor- sening their said ; and that they would imploy theire interest over such to re- "^ claime tliem as have thrust in upon us ueare to Pochasett or els where. This Court takeing notice that there is a very great defect of ap- Constables di. , ^ „ • ■ , - ,-, ,. , , ,. reeled to collect pearance att the Generall trainings and that hitherto nothing hath bine military fines, J rr ^ Ti ' r i r i i • r when ordered by done eiiectually in reierence unto the troopers ior the gathering ol tiie major or cap- theire fines ; This Court doth order that such fines as are by the '^'°' troop settled for defect of appearance att any Generall Training that upon an order from the Major or the Captaine of the Troope the Constables of such Townes where any such defects are, shall forth- with collect the fine in some good and current pay and soe much besides as may transport it unto the Clarke or some place that hee shall appoint for the receiving of it. It is alsoe enacted by the Court that noe Trooper whilest hee nq trooper pef» stands listed in the Troope shall att any time put away or dispose of ™ his'' horse?'°^^ his Trooping horse unlesse hee have some other horse that is ap- proved by some of the Comission officers of the Troop on penaltie of double the fine of non appeerance. Moreover it is enacted by the Court That sufficient warning being No excuse fof given of a generall muster ; noe busines or occations by sea or land ; lTihe'^gene"^\' if in the Countrey shall excuse non appeerance theratt ; nor any JJJwe'T e° c'ept— thinge but sicknes lamnes or Countrey service. Wheras the Clarke of each milletary Companie of this Jurisdic- Military fines, tion is required to gather in all fines which are or shalbee belong to theire Companie. It is enacted by the Court and the authoritie therof That incase any shall refuse to pay any such as are or shalbe 19 146 LAWS OF THE [PART II. orderly amersed. That the said Clarke is heerby authorized by des- tresse to levy all such fines by vertue of his said office without any further order. 1665. Acts and orders made and concluded by the Generall Court of Majestrates and Deputies assembled at Plymouth the eleventh day of October 1665. The Governor to Wheras in regard of the remoter distance of our honored Gov"^ his have JmO salary. ... . former habitation and being the Countrey saw reason to desire and request his removall unto the towne of Plymouth for the more con- venient administration of Justice ; and that by God's Providence hee is now removed to his great Inconveniency and detriment ; — This Court have ordered and doe unanimously agree to alow unto him the sume of fifty pounds p annum soe long as hee shall remains in the place of Gov^. And wheras hee is resident in a place pur- chased by the Countrey for that end This Court have likewise or- dered that incase hee shall decease att any time while hee is in the place of Gov"' and inhabiteing the said seat or being ; that then his family shall and may without molestation continew in the said place or seat for the full tearme of one yeare after his decease att the least ; and likewise that incase there should bee any alteration that any other should bee chosen to the place of Gov'' whiles hee liveth that hee shall and may notwithstanding remaine in the said place without molestation for the full tearme of one year after such alteration at the least. The old magis- In reference unto the more comfortable carying on of Gov'ment lowed £10 per It is enacted by the Court that the Countrey proceeding on in theire Repealed July 5, election of Assistants as formerly ; such of the old majestrates as ^^^' shalbee chosen that they bee alowed each ten pounds a yeare and the charge of theire table defrayed soe many of them as shall serve in that place ; New magistrates And for such as shalbee chosen that have not formerly served that charge of iheir they bee allowed onely the charge of theire table. Repealed July 5, And incase any shalbee chosen and shall refuse to serve hee shal- ^^^^■, „ bee fined five pounds to the use of the Collonie. Penalty for re- . ^ fusing to serve. It is enacted by the Court that both that which is allowed for the toihe^magi^tr'iues charge of the Majestrates Table and likewise that which is allowed cie^ &c!" '" ^''^ them by way of sallary shalbee transferred into the custody of the PART II.] COLONV OF NEW PLYMOUTH. 147 Treasurer and that which is to bee for the charge of theire Table it bee payed in specye according unto former order concerning the same, and wheras the sume of five pounds therof was formerly to bee payed in money to the Treasurer as pte of the said pay ; that this yeare the said five pounds bee payed in money to be raised out of the oyle that shalbee due to the Countrey ; and the Treasurer to make up the said five pounds upon account in other pay in leiw therof unto the Countrey. It is enacted by the court that such as shalbee sentanced by the Persons senienc- i~\ ^ . - 1 /-, 1 11 • /T- ■ • • ed to pay a fine to Court to pay any fane to the Country shall give sumcient securitie give security for unto the Treasurer for the same before bee depart the Court and in they leave tiie case hee refuse shalbee comitted untill bee soe Aoe. '^°"''' It is enacted by the Court that any pson that shalbee supenaed to A witness to have 1 r^ TTr- • 1 11 1 1-1 2« and 6a' per day, appeer att the Court as a Witnes in a case shalbee payed two shil- lings and sixpence a day. It is enacted by the Court that a Constable bee alowed twelve Constable to have . . 12rf for the service pence tor the serveing ol a summons ; and two shillinges and six of a summons &c. pence for an attachment. Wheras complaint it made unto the Court of great abuse in sundry Persons staying- ^ , . -r ■ 1- • 1 I • I I • 1 1 ""' "f '''^ meet- townes 01 this Jurisdiction by psons tlieire behaving themselves pro- ing-house in time phanely by being without dores att the meeting house on the Lords to be'set in"he dales in time of exercise and there misdemeaning themselves by ^'""^ *" jesting sleeping or the like ; It is enacted by the Court and heerby ordered that the Constables of each Township of this Jurisdiction shall in their respective townes ; take speciall notice of such psons and to admonish them ; and if notwithstanding they shall psist on in such practices that hee shall sett them in the stockes and incase this will not reclaime them that they returne theire names to the Court. It is enacted by the Court that what Comissions have bine former- Commissions to 1 1 1 /• 1 /^ purchase laud of ly graunted by the Court to any to purchase land lor the Countrey twelvemonths bearing date above twelve monthes from this psent Court ; bee call- ed in and bee of none effect as to future improvement. It is enacted by the Court That in every Township within this Two wolf traps to GoVment there bee two sufficient woulfe trapps made betwixt this town. '° date and the first of March next and to bee constantly baited and dayly attended upon the penaltie of five pounds on each Townshipp as are neglegent and defective therein to bee payed to the CoUonie. It is enacted by the Court that noe master of a family shall make No master of a or cause to bee made within this Gov''raent above the number of six- m™e^hai°]6b'ar^ teen barrells of Tarr for this following yeare under the penaltie of '^'^ °^ '^''' three shillings p barrell forfeite to the Collonie ; and every single pson is heerby prohibited from makeing any Tarr directly or indirectly for 148 LAWS OF THE [PART II. this following yeare under the aforsaid penaltie ; and this order to take place from the first of March next ensueing the date heerof. The order about The Order prohibiting the selling of Powder and Shott to the In- thesellingorpow- i a o der and shot re- dians is repealed. Foras much as that notwithstanding all former orders abuse by- Excise to be paid strong liquors; there is great quantities brought in; to the great pre- on all liquors '.,. r i ^ t-t,-/-i ci i brought into the judice of the Oov''ment — It is by this Court lurther enacted as an colony or the it- r i • t • mi n i. same shall be for- addition to loriner orders respecting Liquors i hat all strong waters '■^'"'^' that are brought into this Collonie by private psons or for theire use shalbee excised as well as what is drawne in publicke houses ; and for the Incurragement of such men as in each Township are or One half of the shalbce appointed to serch or enquire after abuse or breach of order crue to the infer- respecting liquors the Court doth alow unto them the one halfe of all ""^'^' such forfeitures and confiscations as shall arise in that towne by any breach of order respecting the same and the like alowance shalbee made to any other that shall discover such abuse and that they may more carefully attend theire charge the Court doth require them to Any person may take oalh to bee faithfuU and carefull respecting the pi-mises. in the possession Wheras it is prohibited for any lo sell trad or give liquors directly f) an n lan, c. ^^ indirectly to the Indians ; the Court conceiving that if any Indian or Indians have any ; that they must have it in some eregular way ; This Court therfore orders That if any man either English or Indian shall find any Indian or Indians haveing or carrying any liquors It shalbee lawfull for him to apprehend the said Indian or Indians and seize on the said liquors as stollen goods untill the said Indian or In- dians make it justly appeer before some Majestrate or the Selectmen of that Township of whom and wher and how they had the same, and for theire paines that any expend in the pi-miaes they shalbee alowed the one halfe of the said liquors soe apprehended or the yallue of it. 1666. Actes and orders made and concluded the seventh day of June Ann" Dom. 1666. Rates when and It is enacted by the Court and the authortie therof That the war- how they are to . bs paid. rants bee issued out yearly from the June Courts for the bringing in of the rates for publicke charges of the Countrey ; and the several! sumes to bee dehvered to the Treasurer or att Boston or att Ply- piouth as hee shall appoint ; by the first weeke of November and the PART II.] COLONY OP NEW PLYMOUTH. 149 Constables to have the receipts by the foremencioned time ; and each Constable is heerby impowered to presse boates or Cartes with oxen or horses ; and the boates Cartes oxen and horses to bee payed for fraighting and carriage according to the ordinary prise for carrying goods or corne upon other occations for theire naighbours and for the kinds of pay to accomplish this designe for the Countreyes occa- sions the one third pte is to bee in wheate or porke or both one other third pte in barly or butter or both and the other third pte in beife Indian Corne pease or rye or any of these or some pte in Tarr pro- vided it exceed not a third pte of the last third. It is enacted by the Court and the authority therof That all debtes Debts shall be shalbee payed in the specye for which a man doth agree and that all Fo^r whieh^agree^ damages which shall arise according to the Judgment of the Court JUade!'*^ ''^™ upon occasions of debt defamation or treaspas shalbee payed in any good current Countrey pay at prise current. It is enacted by the Court and the authorite therof that henceforth No deeds, mort- nothinge bee entered upon the Record of the Court respecting lands reTo7ded°'un°ess in reference to exchanges morgages leases or other conveyances but ^^tnesses and ac- such as shalbee under hand and seale before witnesses and that all f""^'^''!^!^'',!' tore a magistrate. such deeds be exhibited to a majestrate according to order and that the said Majestrate endorse theron and the same alsoe to bee entered and noe other. It is enacted by the Court and the authoritie therof That all sales All conveyances , , , , , of land, not ac- g exchanges leases morgages or other conveyances whatsoever knowiedged be- of any houses or lands heerafter made or to be made which shall not oTs^ome of th" as- be acknowhdffed within six months after the makeina; therof before the sistants wuhm six o o months from date Gov' or some one of the Assistants shalbee accounted null and void '° ^^ ™'"* ex- cept — in law ; except such lands as by the will or testament of any man disposed which may not have convenient oppertunitie of acknowlidg- ment therof befor a Majestrate. It enacted by the Court and the authoritie therof that there shal- Three courts to bee but three Courts in the yeare for the tryall of causes by Jury viz. for the trial of The first Tusday in March the first Tusday in July and the last eouru' i^ay° be Tusday in October annually ; alwayes provided it shalbee lawfull on Jjpjd in the interim speciall occations which shalbe judged of by the Gov"' and two of the Assistants for any either of our owne Collonie or others to pur- chase a Court in the Interems of time betwixt the said Courtes ; and that there shalbee att every such Court the Gov and three of the To be held by the Majestrates at the least and that henceforth there shalbee noe Courtes least three magis- of Assistants except the Gov' on speciall occation shall see reason to summon such a Court ; and it is further enacted by the Court that Selectmen to try all tryalls under forty shillinges shalbee tryed by the Selectmen shillings". ^' °' ^ and that none under forty shillings shallbee tryed att the aforsaid nay einte necessary. 150 LAWS OF THE [PART II. Courtes except incases of appeale from any of the respective Townes. One nr two se- jt jg enacted by the Court and the authoritie therof That one or Jectmen whom the •' court shall ap- two of the selectmen whom the Court shall appoint in each Tovvn- point may admin- ^ .... ' . isier oaths and ship of this Jurisdiction bee heerby impovvered to adrninnester an grant executions i • i, • i i i • r in certain cases, oath in ail cases comitted to them as alsoe to graunt an execution lor such psons as neglect or refuse to pay theire just dues according to the verdicte of the said psons ; and that the said Selectmen in every towne bee under oath for the true p'formance of theire office ; and if any pson finds himselfe agreived with the verdict of the said Se- Appeals allowed, lectmen ; Then they have theire liberty to appeale to the next Court of his Ma''^ holden att Plymouth provided that forthwith they put in Cecuritie to prosecute the appeale to effect and alsoe enter the grounds of theire apeale ; and incase any towne doe neglect to chose and p''sent Penalty on towns such yearly unto the Courts of Election; That every such Towne chooseseiectmen. shalbee lyable to pay a fine of five pounds to the Countreyes use. THE OATH OF A CELECTMAN. You shall according to the measure of wisdom and discretion God hath given you faithfully and impartially try all such cases between pty and pty brought before you ; as alsoe give sumons respecting youer trust according to order of the Court as a Celectman of the Towne of for this present yeare — soe healp &c. Selectmen to take Jt is enacted bv the Court That the Celectmen in every Town- notice of such as ^ ^ *^ _ •' reside in the coio- ship of this Gov''ment shall take notice of all such psons that are or uy without leave, . /■ i m i • and to warn such shall come mto any 01 the Townships without the approbation of the court for permis- GoV and two of the Assistants according to order of the Court and the said Celectmen shall warne the said psons to aply themselves for approbation according to order ; which if they shall refuse or neglect ; the said Celectmen are heerby irapowered to require the pson or psons to appeer att the next Court to bee holden att Plymouth and to re- quire Cecuritie for theire appeerance which if any refuse to doe the said Celectmen shall inforrae the Constable of the Towne where hee liveth which said Constable shall forthwith carry the said pson or psons before the Govf or some one of the Assistants of this Govi'ment. Selectmen requir- Whereas the Court takes notice of great neglect of frequenting the as abselTVe^m- publicke Worship of God upon the Lords day ; it is enacted by the worsWp3""^ Court and the authoritie therof That the Celectmen in each Town- ro°the*'court°*'°^^ ®^'P^ °^ ^^'^ Gov^ment shall take notice of such in there Townshipps as neglect through prophannes and slothfulnes to come to the publicke worship of God ; and shall require an account of them ; and if they give them not satisfaction that then they returne theire names to the Court. PART II.] COLONY OF NEW PLYMOUTH. 151 It is enacted by the Court that henceforth the Maiestrates bee not The magistrates - J - _ "^ to be no longer ireect irom Oountrey rates or charges. exempt from It is enacted by the Court That noe horse or horse kind shalbee j^^ j^'^^.^^ ^^ ^^^ driven or carryed out of any Township of this GoVment by any driven out of any •' •' _ ' •' •' town without the pson or psons that are not of the said towne without the consent of consent of the ownGft the owner therof under the penaltie of five pounds for every such horse beast. Wheras complaint is made of the Indians theire stealing of the No Indian shall hoggs of the English and makeing sale of them and conceding of marktohisswine. them by cuting of theire eares &c. It is enacted by the Court and the authoritie therof That henceforth noe Indian shall give any eare marke to his swine upon the penalty of the forfeiture of such swine the one halfe to him that shall seize on them ; and the other halfe to the Countrey except hee bringe true testimony where hee had such swine soe marked before a Majestrate or the Celectmen ; and that the Indians have due notice heerof ; and this order to take place from October next. Memorandum, that the Receivers of the excise in each Township The receivers of 6XCIS6 dlS" of this Gov^ment are freed from theire office by the Court and that charged, the Treasurer hath liberty to lett it forth in the behalfe of the 2,^667^ Countrey. 1667. Att the 2<^°"« Indians, greived att theire Judgment to the Court of Assistants. It is enacted by the Court ; That the said overseer shall have The overseer power by warrant under his hand to comaund any English Constable constables to in his Township and all Indian Constables whatsoever to arrest attack cl^|s.^^* ^^°' summons & serve executions on the body or goods of any of the In- dianes for any matter or cause that may in his Court be heard and de- termined. 25 194 LAWS OF THE [PART II. Every tenth In- Th.?it in each towne where Indians doe reside every tenth Indian dian m each town , ,, , i i /-> ^ i • -i i to be chosen over- shalbs cHosen by the Court of Assistants or said overseer yeerly nine. whoe shall >ake the Inspection care and oversight of his nine men and presenj theire faults Misdemenors to the overseer which said overseer shall keep a list of the names of the said Tithingmen and those they shall have the charge of and the said tithingmen shalbe joyned to the overseer in the administration of Justice and in hear- ing and determining of causes and in case Tithingmen doe not agree with the overseer in case that may come before them in Judgment then the said overseer shall have a negative voyce and such case shalbe removed to be determined by the Court of Assistants, ludian constables That the Overseer and Tithinemen shall appoint Constables of the to be appointed _ ^ ^' annually. Indians yeerly who shall attend theire Courts and the said Constables shall obey all the warrants of the Overseer on such penalty as the Court of Assistants shall inflict. Indians to pay Every Indian shall pay such rates for his head and estate as the such taxes as the ^^ r \ • t n • r • • i • i court of assistants Court 01 Assistants shall appoint from time to time ; which rates shalbe made and proportioned by the overseers Court and gathered by theire Constables and payed to the Treasurer or his order. AH the ludians to That once every yeer the Overeer shall sumons all the Indians once a^a^'^and within hls Townshipp to meete together where and when he shall the'criminaUaws! appoint and there shall hee cause to be read to theire inderstanding all the Capitall and criminal! lawes of this Collonie that they may know and observe them. The Indians to be That every Indian in this Collonie shalbe subject to all the Capi- crimiuai laws of tall and crimjnall lawes that are or shalbe made for the Enghsh of ^ "^ ^ ■ this Collonie and for breach of them suffer the same penalty wher noe other law is provided for them. How to be pun- All Indians for drunkenes shalbe severly punished for the first enness. transgression they shalbe fined five shilhngs or be whipt for the sec- ond ten shillings or be whipt and soe for every time any of them shalbe convicted of drunkenes before any Court Majestrate Overseer Tithingman or English Constable. The overseer As an addition to a law made in November 1676 prohibiting all directed to seize i t i- t^ * /• arms in posses- such Indians as were our Enemies to beare armes It is further en- acted That the Overseer of the Indians in each Towne shall take speciall notice and make Inquiry from time to time whoe of the said Indians have procured any Enghsh armes and seize the same for the use of the Collonie allowing one halfe of the valine to the Informer. dian°an!)^ed°to '^^^'^ "°^ foraigne Indian of other Collonies or Plantations shalbe hunt in any town suffered to hunt in any Towne or Plantation of this Collonie without in the colony, ex- • /• i\/r cept— a pmitt from a Majestrate or the Celectmen of that Towne wher they PART II.] COLONY OF NEW PLYMOUTH. 195 shall desire to hunt shewing for how longe they desire to stay ; on penalty of the forfeiture of all such furrs and skins as they shall theire gett ; nor shall any forraigne Indian have a p'niitt to hunt in this Col- lonie unlesse they bring a certifHcate from the place when>^3 they came. Wheras the Indians by theire disorderly removeing from one place No Indian aiiow- to another live idlely and on the labours of others and spend theire from one place to time to noe profitt — It is therfore enacted by the Court that noe In- leave of the over- dian whatsoever shall remove from one place to another without a ^^^^' pmitt in writing from his overseer declareing for what cause or how long and whether hee or they are goeing ; and if any Indian shall remove from one place to another without his pmitt hee shall be taken up by the Constable of that place where such wanderer shalbe found, and carryed before the next overseer whoe shall cause him to pay a fine of five shillings or be whipt ; and sent home to his owne place ; and where noe overseer is to be found the English Constable in that Towne where such Indians are to be found as aforsaid shall execute this office as the overseer above named might doe nor shall any Indians remove from one place or plantation to another ther to abide above three dayes but shall goe to the overseer of that towne wher hee is removed for his pmitt ; declaring for what cause hee came thither and how longe hee or they desire to stay ; and if any Indian shall stay in any place without a pmitt in writing as abovesaid hee shalbe fined five shillings or be whipt and alsoe sent backe to the place of his former abode. Forasmuch as the office of an Overseer is & wilbe burthensome The overseer al- and chargable It is therfore ordered that hee shalbe alowed out of °^\f Ve^pubiic the publicke Treasury a yearly sallery. treasury. The said overseers and Constables shalbe accomptable to the Treasurer for all Indian rates and fines ; And that all Enghsh and Indian Constables shalbe payed by the overseers for serveing war- rants in Criminall cases and inflicting of punishments on the Indians out of the Indian fines or rates. It is enacted by the Court and the authoritie therof ; that if any Runaway Indian Indian whoe is a servant to the English shall run away amongst any whipped. Indians such Indians whither such a runaway Indian is come shall forthwith give notice of the said Runaway to the Indian Constable who shall Imediatly apprehend such Indian servant ; and cary him or her before the overseer or next Majestrate whoe shall cause such servants to be whipt and sent home by the Constable to his or her master whoe shall pay said Constable for his service therin according as the Majestrate or overseer whoe sent such servant home shall judge meet. 196 LAWS OF THE [PART II. requSted to" k '^^^^ Court doth request our Honored Gov^. that now is ; to take the general the Generall oversisht & inspection of the whole affaire of the GoV- charge of the . . Indians. ment of the Indians in such manor ; as by the law is or shalbe pre- scribe'u from time to time and to take care of the Preaching of the Gospell amongst them ; and admitting such of the Indians to preach to them as hee shall thinke fittest for that service ; and alsoe to /dis- tribute amongst them ; what for that end comes yearly from England and is allowed to them by the Comissioners of the United Collonies in such manor as hee shall see meet. DEBTS WHAT PROOFE &C. Merchants' books Wheras divers Marchants Shopkeers Tradsmen and Handicrafts- sworn to, to be men have traded sold and trafficked theire goods wares and Mar- denceofd^ebt"' chanteice to divers psons in private and theire Costomers oftens sending for such thinges as they need by children and servants under agp &c wherby such marchants shop keepers and Tradsmen have noe opportunity to take bonds bills or witnes of the delivery of theire goods Yett just it is that such dealers should be duly payed for theire wares and marchantice It is therfore enacted that all and every marchant shop keeper dealler &c. shall keep a book of theire deal- ing and trading fairely writteng downe therin both debt and credit and the said Marchants theire factors or servants or any of them that shall deliver any such wares or marchandice ; makeing oath that the said Booke of accoumpts is true both for debt and creditt ; such booke of accoumpts shalbe held sufficient in law for the recovery of any debt within four yeers after the delivery of any such goods ; But if the defendant will take his oathe that hee had not those goods charged in the booke or accompt ; or that hee hath payed for the same ; then the case shalbe tryed and determined according to the best and strongest presumptions the p''^^ concerned shall produce. FENCES EQUALLY MADE &C. Division offences For the settleing and maintaining of right amongst Naighbors about S^oiningpropn^ fences It is enacted by the Court and the authoritie therof That all etors in equal gygjj psons as doe or shall make improvement of theire land by til- proportions. ^ * .* ling moweing or grasing which doth or may lye and be adjacent to the lands of any other whoe make improvement of theire land afor- said ; The one propriator or improver shall make and maintaine one halfe of the fence and the other the other halfe of the fence in the line or range between the said land ; And where one pson shall improve his land before his Naighbour and make the whole fence himselfe ; if afterward his said Naighboure PART 11.] COLONY OF NEW PLYMOUTH. 197 shall improve his land alsoe hee shall pay his Naighbour for halfe the fence against his land ; according to the present value of it and shall maintaine the same, and if any such pson shall sease to improve his land as aforsaid then any pson that hath joyned fence shall have lib- erty to purchase his pUe of the fence that seaseth to improve paying him according to present vallew by apprisement of indifferent psons. And when any psons shall make improvement of theire land lying together ; and either of them shall refuse or neglect to make or main- taine one halfe of the fence between theire land lying together as aforsaid ; The ptye makeing the whole fence in the line or range as if one of ihe pro- r • 1 1 ti 1 1-11 *ii prietors nearlect aiorsaid shall cause the same to be viewed and apprised by psons to make the fence mutually chosen by him and his naigbour ; but if the naighbour whoe make the "whole refuseth to fence shall refuse to chose any to view and apprise the ^^1 covcrinff any Indian as shall first make discovery to any Officer Millitary or Civill plot against the of any dangerous & considerable plott or Conspiracy of the Indians or others against the English so as the danger may be prevented & the Conspirators or any Considerable part of them may be appre- hended such Indian if a Servant shall be freed and his master have rationall satisfaction if an Englishman or free Indian he shall have ten pounds reward. Ordered by this Court and the authority therof that the magistrates Aug. dwelling in the severall Counties meet at their several! County when to meet and Towns upon the first Wednesday of September next at which time and &(."^ ^ ° ' place the severall Towns are to take care that their Constables and grand jury men be warned to appear at the County Towns of their severall Counties to be then approved and sworne at which time the said magis- trates are Impowered to settle all such Officers as are proper for the Counties and sweare them as the law directs and may then graunt admin- istrations and take the probate of wills, alsoe at the time and place afore- said all Inkeepers & retailers of wines strong liquors beere cyder &c. within the severall Counties are required to appear & renew their licenses and that none after said time presume to keepe a publique house of Entertainment & retaile wine liquors beere cyder &c untill they have obtained or renewed their licenses on penalty as the law directs it is alsoe ordered that the magestrates of each County according to their best discression do appoint & set such sums to be paid by each per- son as renews or takes up a license as to them shall be accounted reasonable to be proportioned as neer as they can after the rate of fifty pounds for the publicke houses of the whole Colony and no li- cence to be granted untill there be paid half of each his proportion the other half to be paid at the expiration of the year. It is alsoe ordered that such Constables as are already sworne are Constables ai- allowed and impowered to act in their severall places as if they had powJreTTo" ™. been presented to the County Courts as the law directs. Alsoe ordered that the Millatary Officers of each Town forthwith The military offi- use their Endeavour to Encourage English & Indians to a volluntary eriTcns uT obtSi going out in this present expedition under comand of Cap' Church ^nhstments. and such persons to list and give an account therof to said Cap' or other officer, And if for the Indian Souldiers they or the select men or any Inhabitant supply them with any thing for their present neces- sity & encouragement it shall be allowed or paid to them by the Treasurer out of the next rate. It is ordered by this Court and the authority thereof that each The towns requir- •' r\ai ^° <'°'"P'ete Towne or Village in this Colony that have not Officers or that are their choice of of- ° fleers. 214 LAWS OF THE [PART II. not compleat with Officers that they with all convenient speed have a meeting to make choice of Officers as the law directs the time to be appointed by the respective majors or Chief Milletary Officer in each Towne, or where no millitary officer to be appointed by the select men or the major part of them and their respective choice to be re- turned to the Councill of War and if their choice appear regular that they be by them allowed and comissionated. And as for the Towns of Marshfield and Swansey that they be under the comand of the Leiu'ts and Ensignes of their respective Towns that they had in the year 1686 untiU the Court take farther order therein and that the Souldiers of each Towne are required to yield obedience to them upon paine of such fjnes & punishments as are by law provided. The towTis re- It is Ordered by this Court and the authority thereof that the depu- quested to loaii . . money to the col- ties and select men or the major part of them m each Town do forth- with upon sight hereof in such way as to them seems most suitable use their Interest with the Inhabitants of the severall Towns to ad- vance & lend for the Colonies use so much money as they shall be willins; too not to be less for each Town than the proportion herewith ony. -'a propc sent or agreed on by the Court which money so lent or advanced shall be allowed them out of the next rate and if any lay downe more it shall be repaid them by the Treasurer out of the first rate which sum or sums so raysed or advanced is to be forthwith sent and paid to Thomas Hinckley and John Walley Esqr^ Commission''^ for the Colony or whome they shall appoint s<* money to be paid and dispos- ed by s'' Comission''^ or Council of War for such use onely as the present necessity of the Colonies service calls for with respect to this present expedition which cannot be caryed on without laying out of present money. Each Towns proportion is as followeth viz. Plimouth £ - 5 S. d. Dartmouth £ s. d. - 3 10 Duxburough - 2 10 JMiddleborough - -10 Bridgwater 3 00 Monamoy 10 Scituate - 8 Little Compton - - 2 10 Sandwich - 5 Freetowne - 10 Taunton - 6 Bristoll -400 Yarmouth - 4 Rochester - 10 Barnstable - 5 Succonesset -10 Marshfield - 4 t Rehoboth - 4 10 13 10 Eastham - 4 54 Swansey - 3 Sum Totall 67 10 54 Plimouth - - 4 3 Scituate - 6 5 Marshfield - 3 3 Duxborough - 2 2 Bridgwater - 3 2 Middleborough - - 1 1 Barnstable - - 4 3 Eastham - 4 3 Sandwich - - 3 3 Yarmouth - - 3 3 PART II.] COLONY OF NEW PLYMOUTH. 215 It is ordered by this Court that the proportion for men and armes The proportion of for each Towne for this present expedition shall be as followeth each each town. man to be provided with a well fixt gun ; sword or hatchett a home or cartouch box suitable amunition & a snapsack. Men, Aimes. Men. Armes. Rochester - - 1 1 Monamoy - - - 1 1 Succonesset - - 11 Bristoll - - 3 2 Taunton - - - 4 4 Rehoboth - - - 4 3 Dartmouth - - - 3 2 Swansey - - 3 2 Freetown - - - 1 1 Little Compton - - 2 2 It is ordered by this Court and the authority thereof that if there Soldiers to be im - do not appear a competent number of English Souldiers in each afr^not ' enough Towne of this Colony to go voUunteers under the conduct of Cap' "'^' ®°''^'" Church or some other officer as shall be by the Councill of War ap- pointed to go out upon the present expedition to suppress the heathen that are enimies within any part of this Countrey that then such a number shall be pressed as shall be by the Councill of War agreed upon in the severall Towns where vollunteers enough do not appear And if any person or persons shall be pressed for the future by the advice of the Town Councill or major part of them to go out or be imployed for the suppressing our said enimies and shall refuse to goe upon such service after pressed that every such person shall be fined four pound in money forthwith to be paid unto si^ Town Councill or such one of them as they shall appoint to receive the same or other- wise to be committed to prison by the authority of the Town Coun- cill or a magistrate and to be imprisoned within the County where they do belong or shall be pressed and there to continue untill such fine shall be paid and all such fines to be for the use of the Towne where such Souldier is pressed to be improved by the discression of the Town Councill for the furtherence of the present War. Wheras by an acte of this Court bearing date August 14* 1689, Oct. The magestrates of the severall Counteys were ordered to meet at of the county of their severall County Towns upon the first Wednesday of September n,eet° ' ^ ^° ° then next following and by s'^ act were authorised to settle County Ofiicers and act and doe as in said act is at large expressed, And forasmuch as the magestrates of the County of Bristoll were by pro- vidence disabled to attend and meet at that time, It is therefore or- 216 LAWS OF THE [part II. dered by the said Court held here by adjournm' the first Wednesday of October abovesaid that the magistrates of the County of Bristol! aforesaid meet at their s'^ County Town on the second thursday of this Instant October and hereby have full power then & there to do and act in all respects as by the s'' recited acte is mentioned, And all Persons who by s'^ act are concerned are hereby required to appear at and attend s'^ meeting. At which time the magistrates of si 1 /■ J • 1 1 • liberty to choose are impowered to chuse a Clerk tor s<* proprietors who being sworne a clerk, his book shall be accounted an authentick record. (6.) Wheras there is 16 or 18 bushells of wheat part of the last rate in the hands of the Constables of Scituate, ordered that the same 224 LAWS OF THE [part II. Ten pounds paid to John Walley. Meeting of the military of Taun- ton for the choice of officers. Sixty men sent from the colony to Albany. be paid to Capt John Jacob of Hinghara or to whome he shall ap- point to receive the same in Consideration of his quatering or Bil- leting Souldiers for this Colony the last year. (7.) Ordered that Major John Walley have ten pounds cash allowed to him at or before June Court next as Compensation for his voyage and expence in the Colonies behalfe and Service to and at New Yorke and to be paid to him out of the money in the Con- stables hands of the last rate. (8.) Whereas there have been and are several uncomfortable differences in the Town of Taunton respecting their Millitary Com- pany especially relating to the Officers thereof and severall ways have been propounded and tryed for the reconciling and healing thereof all which have proved Inefectuall to accomplish the same and there having beene severall Choices of Officers among them against all which there have been objections made as to the leagallity thereof, it is therefore ordered by this Court and y<= authority thereof that the Souldiers and Inhabitants of the Town of Taunton meet on the 2^ day of June next at ten y" Clock the Souldiers compleat in their amies and that they make a Choice of military Officers accord- ing to law and that their Choyce be returned to the next Gen" Court and that the whole company be under the Command of Leiu't Macey as Chiefe and Ensigne Leonard under the Major in the mean time and M'' Smith and Major Walley one or both are desired to be there to see a fair Choice. And this notwithstanding any former act of the Generall Court or order of the Councill of Warr, And if there have been any Drums Coulers or halberts provided by vertue of the order of the Council of Warr they being delivered for the Towns use the Town to pay for the same. Ordered by this Court and the authority thereof that there be sixty men forthwith raysed in the Colony to be sent by water to Albany or elsewhere to joyne with the forces of New Yorke Massachusetts or Conecticut &c for the defence of 8"^ places or other service of their ma'ties against the Comon Enemy ; the men to be raysed in each Town according to the proportions hereafter set down ; viz. Proportion of men raised from each town. Plimouth - 5 Barnstable - 5 Duxborough - 3 Sandwich - 4 Scituate 6 Yarmouth - 4 Marshfield - - 3 Eastham - 4 Bridgwater - - 3 Rochester - - 1 Middleborough - 1 Monamoy - 1 — Succonesset - - 1 21 20 PART II. J COLONY OF NEW PLYMOUTH. 225 Bristoll 3 Taunton 5 Rehoboth 4 Dartmouth 3 Swansey 3 Little Corapton 2 Freetowne 1 21 Ordered by this Court and the authority thereof that the proper- Men raised to be c 1 1 ^ /• t ■ , ■ -^ ■ ^ impressed by tions ol men now agreed on to be raysed tor their ma ties Service be warrant. Impressed in the several! Towns by warrant under the hands of the Town Councill or the major part of them and where their is no Town Councill by warrant from the select men of such Town or Towns or the major part of them and where there is no Town Coun- cill or Select men to be Impressed by warrant from the major of the regiment s'' Town Councils Select men and Majors are hereby or- dered and required to Impress or cause to be Impressed the Severall proportions of men upon Wednesday next and not before and that the whole be ready on or before the second day of June next to at- tend such service as then shall be required of them. Ordered that the Town Councils Select men and majors take care Town councils, that such as are Impressed by their order be each one fitted with a that 'the souidiers good well fixt musquet or other sufficient armes sword or hatchet arms'&c.^ "^ home or Catouch box and not less than three charges of powder and shot for each man also that they provide and take care seasonably to send and put on board the vessel provided to cary the Souidiers two pound and half of powder and 12 pound of suitable bullets for each man sent out unless otherwise ordered in the mean time. Alsoe to take care that the powder be sent so as it may not be bruised or oth- erwise damnified. Ordered that the Town Councill Select men or major part of each The town coun- or majors of the Regiment are hereby Impowered and required by quiVed to impress warrant to impress men and horses as may be necessary to cary am- {hfng-rft>r''ihrex- unition also al such other things for arming cloathing or fitting out petition, each Souldier for this present expedition as may be needful where they cannot otherways be procured. Ordered that all Constables Serjeants Corporals or other persons The constables, that the warrants from the Towne Council Select men & Majors are Jsist'i^''fiufng '" or shall be directed too in matters they are Impowered relating to ™' *'' expedi- J ir o tion II necessary . this present expedition are hereby required to execute the same and to be aiding and assisting as there may be occasion. 29 226 LAWS OF THE [PART II. TweDty shillings Ordered That the Town Council all or either of them endeavour soli 1 • 1 n X-! 1 or county Magis- ounty magistrates one at bandwich & one at Ji,astham. trates in Bamsta- And that in the County of BristoU there be three Associates or ^ °"" ^' Crr* X • 1 .^ . Three Associates ounty magistrates one at launton one at Little Coinpton and one in Bristol County. at Dartmouth. Ordered by this Court that after this year the Asssociates or Coun- County Magis- ty Magistrates be chosen by the freemen of the severall Counties. freemen.™™ ^ Ordered that the severall Associates or County magistrates meet County Magis- , . 1 /-I m 1 I • 1 trates receive at tneir several County i owns to be sworne at such time as they their oath at the shall be warned by order from the magistrates of the severall Coun- towns! '^°"" ^ ties. At which time they are to hear and determine according to law any Criminals and do any other thing within the power of a County Court except trying of actions And the magistrates to take care that all Criminals be warned ently obliged to appear and answer for their crimes respectively. Ordered that every of s'' Associates or County Magistrates have County Magis- the power of a magistrate within their respective Counties. power ofmagis- Having had Information from the Hon'rble Simon Bradstreet c"uJ;ties". ""^"^ Gov"^- of the Massachusetts in the name of the Council of their pres- ent Expedition to Canady and places adjacent and of their raysing considerable forces for the Service of their Matie^ against the Comon Enemy in those parts they having also signified that they desire and expect somewhat from this and the other Government, This Court having considered thereof in Complyance therewith have concluded to raise and send forth 200 souldiers if need be of English and In- Soldiers sent to dians to joyne with the Massachusetts and other confederated forces for their Matie^ service as afores"^ And that there may be sutable care timely to Impress supply and send forth our Souldiers. Ordered that each County Treasurer take care to receive of the County Treas- Severall Constables of the County or Town Councils what money money raised they have of the Counties also to receive the severall sums of money yes! ^ °"^ ^' promissed by the severall persons of their Counties also if there be any wheat or other pay of the Countries if they have opportunity to send it Boston with speed or otherwise to sell it for the most they can get the severall sum to be raysed by the order of the last Gen" Court for fitting out the Souldiers then raysed be also paid in to the severall Treasurers. Ordered that the deputies of each Town forthwith use their utmost endeavours w"" such of their neighbours they judge are able to pro- 230 LAWS OF THE [part II. Money advanced to the colony to be paid out of the rates next made. Fifty Indians sent to Canada. Plymouth, Barn- stable and Bristol counties to pro- vide arms, &c. for the Indians. , Penalty for sol- diers coming; un- armed to meet- ing- Commissioners empowered to form treaties. Commissioners have power to impress men, &c. for the e.xpedition to Canada. Penalty for not watching when warned. cure for the Colonies use what they are willing to lend and that the same with what is already promised be forthwith sent into the County Treasurer. It is hereby ordered and enacted that what ever money advanced or what is given to the Colony for the fitting and furnishing of the Souldiers for war or what may be Impressed orderly for this present Service it shall be payd out of the rates that shall be next made. Ordered by this Court that in this present expedition there be raysed fifty Indians 22 in the County of Barnstable 22 in the County of BristoU and six in the County of Plimouth If such do not present as are to the sattisfaction of one or more of the Magistrates of the County or the Comander of the Company that then by warrant from a magistrate such be Impressed as are most fitt: And that Plimouth county take care to provide armes and other necessaries for eigh- teene men Barnstable County for fifteene men and Bristoll County for seventeene men. Ordered that the Town Councills take care for watchings wardings and Scoutings in each Town and that one third of the Souldiers at a time come armed to meeting every sabbath day untill farther order on penalty of two shillings fine for each orderly warned that neglects the same. Ordered that if there be occasion for the Commissioners of the Colony to meet with agents or Comissioners from the other Colonies and Goverments our said Comissioners are hereby Impowered to meet treat agree and conclude upon any designes and other things that relate to the same with the rest that they judge may be for the service of their Matie^ and the Comon good and safty of the Coun- trey they always taking care not to engage us in any charge that hath been allready contracted wherein we were not consulted with or con- cerned in what they may agree to To take care as much as they can y' we are not beyond a just proportion either in men or charge. The Officers and Souldiers now to be raysed to march at such time and rendevouse at such places as they shall receive orders from one or both of the Comissioners of the Colony one or both of which are hereby Impowered to grant warrants to Impress vessels men Armes amunition or any other thing needed and can be procured within the Colony for this present expedition. Ordered by this Court that all persons able to bear armes upon attend the same under the comand of the Officers of the Sev- eral Towns on penalty of 5 lb and that all householders by them- selves or others meet personally in their stead Attend watching and PART II. J COLONY OF NEW PLYMOUTH. 231 warding when warned on penalty of three shillings for each neglect unless excused by the Town Councill. Ordered that if the Officers now appointed for this expedition ei- ther do not accept or are prevented by the hand of God or any should otherwise be wanting that the Govern'' with the consent of two Magistrates appoint and Comissionate others as there may be need. Ordered &c. That the persons which shall be appointed press Power of the , J 1 1 press masters. masters to Impress Souldiers for their Matie^ service shall have full power to Impress any men appointed to be Impressed for the Town which he or they shall be press masters for in any Town in this Colony. Ordered by this Court that the Magistrates & deputies of the Treasurer to be County of Plimouth forthwith make choice of a County Treasurer outh county. for 5"^ County for this present year. Ordered by this Court that 50"' excise be this following year ad- Excise upon vanced and raysed upon the publique houses of Entertainment and persons that shalbe licenced to sell strong drink in this Colony that is to say SO'b in the County of Plimouth 13'bs in theCounty of Barn- stable and 17"'s in the County of Bristol. Ordered that for the prevention of Contests and suits by whale killers. (1.) This Court doth order that all Whales killed or wounded by xiwse who kill a any man & left at Sea s^ Whale killers that killed or wounded s'^ ''';g|;''^ecoun't° Whale shall presently repair to some prudent person whome the °f the wounds, c J r r r ^ time, &c. to the Court shall appoint and there give in the wounds of s'^ Whale the person appointed, time & place when & where killed or wounded And s** person so appointed shall presently comitt it to record and his record shall be allowed good Testimony in law. (2.) That all Whales brought or cast on shore shall be viewed AH whales cast , • 1 1 • T 1 r I on shore are to by the person so appomted or his deputy belore they are cut or any be examined by way defaced after come or brought on shore and s i v i » • • ■ ,, , tion. or Vessel ot Burthen, or any Publick Amunition, shall be severely punished, according to the nature of such a Fact, provided it extend not to Life or Limbe. Stealing, how 6. That if any Stranger, or Inhabitant of this Government, shall pums e . ^^ legally convict of Stealing or Purloining any Horses, Chattels, PART III.] COLONY OF NEW PLYMOUTH. 247 Moneys, or other Goods of any kinde, he shall be punished by due reparation to the party wronged ; and a fine, or Corporal punish- ment, as the Court or three Magestrates shall Deternmine ; Provided that where such Sentence is not given by the Court, it shall be at the liberty of the Delinquent to Appeal to the next Court, putting in due caution there to appear and abide a Tryal. 7. That any Magistrate may Hear and Determine such smaller What oi?ences Thefts and Pilfrings, as exceeds not the damage or fine of forty shil- dtetftm^ne!^ ™^^ lings, on penalty of stocking or whipping, not exceeding ten stripes, or only legal Admonition, as he shall see cause ; saving liberty of Appeal to the Delinquent as aforesaid. 8. It is Enacted by the Court, &c. That whosoever shall pro- Pfofane swear- phanely Swear or Curse by the name of God, or any of his Attri- butes, Word or Works ; He or Shee shall be set in the Stocks, not exceeding three hours, or be fined ten shillings, or be Imprisoned, according to the quality of the person ; if a Stranger, the Constable or his Deputy shall demand the fine, which if he refuse, then to set him in the stocks, not exceeding two hours. 9. This Court taking notice of great abuse, and many misdemea- Profanation of , , ,. . , -rt r • the Lord's day. nours, committed by divers persons m these many wayes, Jrrofaneing the Sabbath or Lord's-day, to the great dishonour of God, Reproach of Religion, and Grief of the Spirits of God's People Do therefore Order, That whosoever shall Prophane the Lord's- day, by doing unnecessary servile Work, by unnecessary travailing, or by sports and recreations, he or they that so transgress, shall for- feit for every such default forty shillings, or be publickly whipt : But if it clearly appear that the sin was proudly. Presumptuously and with a high hand committed, against the known Command and Authority of the blessed God, such a person therein Despising and Reproaching the Lord, shall be put to death or grievously punished at the Judgement of the Court. 10. And whosoever shall frequently neglect the public Worship of Penalty for ne- God on the Lords day, that is approved by this Government, shall worship, forfeit for every such default convicted of, ten shillings, especially where it appears to arise from negligence. Idleness or Prophaness of Spirit. 11. For as much as the open contempt 'of Gods Word, and the Messengers thereof, is the desolating sin of Civill States and Churches ; It is Enacted, that if any Christian so called in this Government, Penalty for TT 1 "f • r i_ TT speaking con- shall speak contemptuously of the Holy bcriptures, or of the Holy temptuousiy of Pen-men thereof, such person or persons shall be punished by Fine m^es, &.c. "'^ 248 LAWS OF THE [part III. opinions m an orderly manner. or Corporall punishment, as the Court shall see reason, so as it ex- tend not to Life or Limbe. Or shall behave himself contemptuously towards the Word of God Preached or any Minister thereof called, and faithfully dispensing the same in any Congregation, either by manifest interrupting him in his Ministerial Dispensations, or falsly and peremptarily charging him with Teaching Erpor, to the disparagement and hindrance of the Work of Christ in his hands, or manifestly and contemptuously re- proach the Wayes, Churches or ordinances of Christ, being duely convicted thereof. He or they shall for the first Transgression, be amerced twenty shillings to the Colonies use, or be set in the stocks, not exceeding four hours ; But if He or They go on to Transgress in the same kinde, then to be amerced forty shillings or be whipt for every such Transgression. None deprived of It is to be understood not hereby, to deprive any of their lawful pressing Oieir ^^ liberty in a modest and orderly way to propose his scruple for further satisfaction. 12. Although no creature be Lord, or have power over the Faith and consciences of men, nor may constrain them to believe or profess against their Consciences, yet it being a duty to restrain or provide against such as may bring in dangerous Errors or Heresies, tending to corrupt and destroy the souls of men ; It is therefore ordered, &c. That if any Christian so called shall within this Jurisdiction, go about to subvert or destroy the Christian Faith or Religion, by broaching, publishing or maintaining any such dangerous Error or Heresie, or shall endeavor to draw or seduce others thereunto ; every such person so offending, and continuing obstinate therein, after due means of conviction, shall be fined, ban- ished or otherwise severely punished, as the Court of Magistrates duely considering the offence, with the aggrevating Circumstances and Dangers like to ensue shall judge meet. 13. It is ordered, &c. There where a Judgment is given in any Court, for any person of House or Lands, upon the tryal of the Tide thereof, or other just cause, if the person against whom the Judgment is given, doth either forcibly detain possession thereof, either against the Officer impowred to serve an execution thereon, or after Exe- cution served, enter upon it again and so retain possession by force, he shall be accounted an high offender against the Law and Breakers of the Publick Peace ; therefore speedily to redress such a Criminal Offence, every Magistrate is impowred and by his place hath power to give Warrant and Command to the Marshal, Officer and other men whom he thinks meet to be imployed in the business, the Mar- Heresy, how punished. Forcible de- tainer. PART III.] COLONY OF NEW PLYMOUTH. 249 shal or other Officer also requiring aid, greater or lesser as need re- quires to suppress the force, and give Possession to the Owner, and to imprison such as do appear to be Delinquents and their Aiders and Abettors, to be forth comeing at the next Court that did give the Judgment in the Case, there to make their Answer, and whom the Court doth find guilty, to set such fine or other punishment upon them as the merit of their several cases doth require. 14. It is ordered, &c. That whosoever shall disturbe or under- Disiurbance of mine the peace of this Jurisdiction or Inhabitants thereof, by plotting punFshed.' with others, or by his own tumultuous an offensive carriage, tradu- cing, quarreling, challenging, or assaulting, or any other way tending to public disturbance, in what place soever it be done, or shall de- fame any Court of Justice, or any of the Magistrates of Judges of Defamation of •' . . ... Court or Judge. any Court in this Jurisdiction, in respect of any Act or sentence therein passed ; every such Offender, upon due proof made, shall be by the Court of Magistrates punished by fine, itnprisonment, binding to the Peace or good Behaviour, according to the quality and meas- ure of the Offence or Disturbance, to them seeming just and equal. And that such as Beat, Hurt or Strike any other person, shall be Assault, liable to pay unto the party hurt or stricken, together with such fine to the Colony, as on consideration of the party smiting or being smit, and with what Instrument, danger more or less, time, place, provo- cation, &c. shall be judged just and reasonable to the merit of the offence. 15. It is Ordered &c. That if any person shall Forge any deed Forging of deeds, m T» 1 T-i'ii T-i 1 A • T ^ bills, bonds, &c. or conveyance, lestament, Bond, Bill, Kelease, Acquittance, Bet- ter of Aturney, or any Writeing to preveiu Equity and Justice, he shall pay the party grieved double damages, and be fined himself so much to the Countries use, and if he cannot pay to be publickly whipt, and burned in the face with a Roman F. 16. Be it also enacted; That if any Notary or Keeper ofpublick Penalty for em- Records, or Writeings, shall wilfully embezel or make away any such &c.^ '°^ '^''°' ^' Records or Writeings of Concernment, committed to his keeping and trust, or shall on purpose falsifie or deface them, by racing out, add- ing to them, or otherwise ; such Corrupt Officer shall lose his Office, be Disfranchized and be burned in the Face, or fined according to the circumstances of the Fact. 17. And if any person shall endeavour to corrupt any Officer that Or attempting to keepeth such public Records or Papers of Concernment, to procure to do it. him to Deface, Corrupt, Alter, or Imbezle any of them, he shall be severely punished, by Fine, Imprisonment, or Coporal punishment, as the matter may be circumstanced. 32 250 LAWS OF THE [part III. Publishing of falsehoods, how punished. Wilful burning of fences. Breaking of fence, gate or bridge. Removing of land marks. Gaming at public houses. Playing at tmlaw- ful games. Wearing vizors. 18. It is Enacted, by this Court, &c. Tliat what person soever, being sixteen years of age, shall wittingly or willingly make or publish any Lye, which may be tending to the damage or hurt of any partic- ular person or with intent to deceive and abuse the people with false News or Reports, shall be fined for every such default ten shillings, and if the party cannot or will not pay the fine, then he shall sit in the stocks so long as the Court shall think meet ; and if the Offender shall come to a Magestrate and own his offence, it shall be in the power of that Magestrate to execute the Law upon him where he liveth, and spare his appearance at the Court, but in case where the lye is greatly pernicious to the publick weal, it shall be more severely punished according to the nature of it. 19. It is Enacted by this Court &c. That if any person shall wil- fully, and of set purpose, burn any mans fence ; he shall make good the damage to the party wronged, be amerced forty shillings, and be bound to the good Behavior if the Court see reason. 20. And it is further Ordered ; That any person that shall wilfully, and on purpose, break down another mans Fence, Gate or Bridge, to the annoyance either of a particular person, or a neighbourhood ; he shall make up such said Fence, Gate or Bridge at his own charge, pay the damage thereby sustained, and be amerced according to the nature of the offence: saving the right of him that pulls up a Fence set on his land without his approbation. 21. And whosoever shall wilfully pluck up, remove or deface any Landmark or Bounds between party and party, that have been, or shall be orderly set up by persons thereunto appointed ; he or they shall be fined from twenty shillings to five pounds as the offence may be circumstanced. 22. It is Enacted by this Court &c. That no In-keeper or publick House, shall suffer any unlawful Games, nor any kinde of Gaming in or about his House, for money or monies worth. Liquors, Wine, Beer, or the like, on forfeit of forty shillings for the Master or Keep- er of the House, and ten shillings apeice from each Gamester. 23. Be it also Enacted, That no person in this Government, shall play at Cards, Dice, Cross and Pile, or any such unlawful Game, wherein there is Lottery, at any private house, or elsewhere in this Government on penalty of ten shillings fine, to be paid by every one that so playes, and twenty shillings by the Master or Head of a Fam- ily that shall know of and suffer such Gaming in his House or where he hath Command. 24. It is Enacted by this Court, &c. That no person in this Gov- ernment shall wear any Vizards, or disguise by strange Apparel, to PART III.] COLONY OF NEW PLYMOUTH. 251 lascivious and evil ends and purposes, on penalty of being fined fifty shillings to the Colonies use, for every such default, or being publicly whipt or bound to the good Behaviour, as the Court may see reason. 25. Forasmuch as it is observed, that the sin of Drunkenness, doth greatly abound, to the dishonour of God, impoverishing of such as fall into it, and grief of such as are sober minded ; For prevention, and it may be suppression of that growing and prevailing evil ; It is enacted by this Court and Authority thereof, that whatsoever Penalty for •' _ _ •' _ _ drunkenness. persons shall be found drunk at any time in any tavern, ordinarie. Ale- house pr elsewhere in this Government, or be legally convict thereof, he or they shall for the first default be fined five shillings to the Coun- tries use ; for the second default ten shillings, and if he or they will not or cannot pay the fine, then to be set in the stocks, not exceeding two hours ; for the third transgression to be bound to the good behavior, and if he shaU transgress a fourth time, to pay five pounds or be pub- licly whipt, and so from time to time as often as they shall be found transgressors in that kinde: by Drunkendess is to be understood one How defined, that lisps or falters in his speech by reason of over much Drink, or that staggers in his going, or that vomits by reason of excessive drinking, or that cannot by reason thereof follow his calling. 26. Whereas notwithstanding all the care and endeavours of this Court to prevent that great and raging sin of Drunkenness ; yet still many goe on in it ; Therefore this Court doth further Enact, that the names of such as The names of are found to be common Drunkards in this Government, shall be in- rerorded and rouled or recorded ; and that whatever person or persons, whether ^°^'^^ Ordinary keepers or others, shall give, sell or lend, either directly or indirectly any strong Liquors, or Wine, or strong Beer unto any such person or persons, shall forfeit ten shillings, five shillings to the Colonies use, and five shillings to the Informer. And the Names of such as are so found in any Town, shall be set up in some publick place. 27. Whereas many have sustained great damage by indiscreet and untimely firing of the woods ; It is ordered, &c. That none shall fire the Woods at any time, but Untimely firing 1 ■ ■ 1 1 11 ^^^ woods. they shall give warning thereof to their neighbours about them, and the time of firing them, to be between the fifteenth of February and the latter end of April ; and if any shall unnecessarily fire the Woods, or not observing this order, damnific any, he shall make good the damage, and be fined ten shillings or be set in the stocks. 28. And for as much as some have been injured by careless taking of Tobacco abroad in the streets, and near unto Barns, Stables, Hay- stacks, or Corn-ricks ; 252 LAWS OF THE [PART III. Penalty for It is hereby ordered, &c. That whosoever shall be found smoak- i™he sfreets.^°''° ing of Tobacco in the Streets, or in such places of danger, shall for- feit to the poor of the Town two shillings for every such default, which the Constable may without further Warrant, distrain and dis- pose of; and if it can be known that damage did accrue unto any by such careless smoaking of Tobacco, it shall be repaired by him that was the occasion of it, or he shall be made to serve it out: Souldiers whilest in Arms are dispensed with, to smoak it in the field. And if any person or persons shall be found smoaking of Tobacco on the Lords day, going to, or comeing from the Meetings, within two miles of the Meetinghouse, they shall pay two shillings for every such default, to the Colonies use. CHAPTER IV. ACTIONS. A warrant shall "'-'• ^^ enacted by this Court, &c. That in all Warrants respecting express the char- Actions, the special ground of the Action shall be expressed: And acter in which the . plaintiff sues, and that a circumstantial Error in a Summons or Warrant shall not be shall not be viti- . i • i i i ated by trivial taken as 3 sufficient ground for a non-suit, where otherwise both the party and case intended may be rationally understood ; and it shall also be expressed in the Warrant, in what quality the PlaintifFe sues, whether as Principle, Attorney, Gaurdian or otherwise. 2. Because much time is lost in the beginning of Courts of Tryals, by neglect of timely Entry of Actions ; Time of entry of It is Enacted by this Court, That Actions shall be Entred upon, ac ions. ^^ before the first day of the Courts sitting, and not after ; And in case any PlaintiiFe shall delay his Entry longer than the forenoon of the first day of the Court, he shall pay ten shillings to the Countries use, besides ordinary Fees for Tryal of Actions. And all persons whether parties or witnesses are enjoyned to attend their respective concerns the whole time of the Courts publick sitting until they are issued. After the case is And shall present the whole plea and evidence before the case be committed to the . , . , , , , . , i , • Jury, no further Committed to the Jury, and no Other plea Or evidence to be admit- fnt'rod'uc^ed? ^ ted to any person, any usage or custome to the contrary notwith- standing. And to this end all Marshalls and Constables, are required to make their returns of all such Warrants as they have served, some- time the first forenoon of the Court that is to take cognizance of the case concerned therein. PART III.] COLONY OF KEW PLYMOUTH. 253 3. Whereas in Suits and Actions brought into Courts between Proceedings J • TM • • n^ - I T~» when only one of party and party, sometimes the Jrlaintiffe, and sometimes the De- the panies lo an fendant, and sometimes neither of them do attend the call, to prose- ^"^ '°° ^^^^^ cute or answer, to the great abuse of Court and Jury, and others concei'ned in the case, and is contrary to the laudable custome of all Courts in our Native Country and elsewhere ; It is therefore Ordered and Enacted, That if any Plaintiffe have entered an Action, to be Uyed in this Court, or which comes by Replevin, Review, or otherwise, and doth not by himself or by his Attorney, make their appearance and prosecute their Action, after they have been three times called in Court, they shall be non suited ; and if the Defendant appear not to such call, the Plaintiffe appearing, the Suit shall nevertheless proceed : And if plaintiffe or Defendant appear at their call, they shall have their costs granted against him that appeare not ; and if afterwards both parties do agree to try the Case at the same Court, they shall be allowed so to do, the Plaintiffe paj'ing for a new Entry, one half to the Treasury, and the other to the Jury and Of&cers. 4. And if any person Summoned to answer any Presentment, or Presentments, for any Fact or Misdemeanour, do not appear at the time appointed, with when there he or they shall be proceeded against for contempt, except it appear '^ "" appearance. they have been prevented by the Hand of God. 5. The ordinary settled charge for the tryal of an Action in this Charges of trial. Court, shall be nine shillings, for the Jury, Secretary, and Marshal, distributed according to the former custome of the Court, and two shillings sixpence per day to Witnesses ; And if the Defendant ob- tain a Verdict, he shall not only have his Costs allowed him for Wit- nesses as above said ; but two shillings sixpence per day for what time he hath necessarily attended on the Action, shall be given hira without Suit, and this shall bare the Defendant from Suit, unless by Imprisonment, or otherwise he hath been more than ordinarily dam- nified. 6. It is also Determined, That it shall be at the liberty of a When the plain- Plaintiffe, to withdraw his Action at any time before the Jury bring draw hfs suit." in a Verdict if he see cause, in which case he shall allow the De- fendant his full costs, and may afterward Review his Suit at another Court. 7. Be it also Enacted, That no man in any Suit, or Plaint against Vexatious suits. another, shall falsely pretend great damages, or debts, to vex or dis- credit his Adversary : And in all cases where it appears to the Court, that the Plaintiffe hath wittingly wronged the Defendant, in commencing Suit, or prosecuting Complaint or Inditement against 254 LAWS OF THE [PART III. him, he shall pay unto the Defendant double costs, and be amerced twenty shillings or more, as the case may be circumstanced, for such his vexatious Suit or Plaint. Reviews, when 8. It is further Enacted, That in case a Plaintiffe obtain not a Verdict, he may Review his Action if he see cause ; as likewise may the Defendant, if he be cast ; but if either of them having fallen twice in his Case upon Review, do still go on to Review, and be cast a third time, whereby it appears that he is vexatious and trouble- some to the Court and party prosecuted, he shall be awarded to pay double costs to the party and twenty shillings fine to the publick Treasury. Judgment, when 9. Be it also Enacted, That a Jury bringing in a Verdict, the granie . Bench concurring and accepting it. Judgement shall be forthwith granted ; But if they concur not, the Jury may be put upon further consideration of the case. And if they still retain their Verdict, they shall be required to give their Reasons on which it is grounded, which if they refuse, or having given their Reasons, they appear not of weight, but the Jury through obstinacy or prejudice to the person or case, will maintain their Verdict, the Court may in such case re- ject such Verdict and impannel another Jury for the tryal of the Action, at that Court or the next ; but if the Second Jury do in the substance of their Verdict agree with the former, it shall be accepted. A foreigner shall 10. It is Ordered by this Court, &c. That no Attachments shall not attach an in- . . . . ., . . _, . . , , habitant until he be granted m any civil Action to any t orreigner, against a setled ty foTcosis.^'^""' Inhabitant of this Jurisdiction, before he hath given sufficient security or caution duely to prosecute his Action, and to answer the Defend- ant such costs and damages as the Court may award. And it is further Ordered, That in all Attachments of Goods and Chattels, Lands, or Heriditaments which may be in such case where A summons, how the pcrsoH canuot be had, whether it be by forreigners or setled In- served when the defendant cannot habitants, legal notice shall be given to the party concerned, or left in writeing at his House or place of usual abode before the Suit proceed : but if he be out of the Jurisdiction, the cause shall pro- ceed to tryal, but Judgement shall not be entered till another Court, at least a Month after ; and if the Defendant do not then appear, Judgement shall be entered, but Execution shall not be granted be- fore the Plaintiffe hath given sufficient Security to be Responsal to the Defendant, if he shall reverse the Judgement within one year, or such further time as the Court shall see cause to Order. Js^ateo7b°ot°h ^^' -^'^hough it hath been the common usage of this Court in may be attached, ordinary cascs, not to allow Attachments on any Goods or other estate, where the person can be found to be responsible to the PART III.] COLONY OF NEW PLYMOUTH. 255 Plaint ; the Court being apprehensive that in some cases persons may be therein injured ; Do hereby Order, That it shall henceforth be in the liberty of the Court or any Magistrate, as they or he shall see cause on con- sideration of circumstances attending the case, to grant Attachment either of the person ot«estate or both. 12. That a Summons from any Magestrate shall be a sufficient A summons suf- . . • [ . 1 . /-I ficient notice. warrant to bring any person within this (jovernment, to answer to any Suit commenced against him. 13. And that all Warrants, whether to Attach or Summon any Warrants, when to answer to an Action, Presentment or Complaint shall be served three compleat working dayes before the Court, or time appointed for appearance thereat. 14. Be it also Enacted, That henceforth Goods Attached to a Goods attached i ryal shall not be released upon the appearance of the party, or leased, nor shall Judgement given, but shall stand engaged until the Judgement, or the charged, until Execution granted upon the said Judgement be discharged, which for l"/;^""^"' * **'' the time thereof, shall be as the Court shall Order ; nor shall any Surety or Sureties for appearance at any Court, except in Capital or Crimi- nal cases, be released from his or their Bond, until an hour at least be expired after Judgement in such case granted ; any Custome or Usage of this Court to the contrary notwithstanding. 15. Liberty is granted by this Court to any person, to improve Attorneys, when one or two Attornies to help him in his Pleas ; provided they be persons of good repute, and such as the Court shall approve ; and the said Attornies are required, as to be faithful to their Clyent, so also to avoid fraudulent pleas that may have attendency to mislead the Court or darken the case. 16. And it is Enacted, That if any person be proved a common Barratry,how Barrater, by vexing others with unjust, frequent and troublesome Suits, it shall be in the power of the Court, both to eject his cause, and punish him for his Barratry, by Fine or Imprisonment. 17. It is also Ordered by this Court, That none shall have power None to convey to pass away Lands, Heriditaments, or other Estate, or be capable 2i"years of age. of Sueing or being Sued at any Court in his own person, until he attain unto the age of one and twenty years : But any Orphan may chose their Guardians to act for them, at the age of fourteen years, to secure or defend their Estate as may be requisite. 18. It is Ordered, &c. That no man's person shall be restrained Who are not al- or imprisoned by any Authority whatsoever, before the Law hath °^^ ''^''' sentenced him thereunto, if he can put in sufficient Security, Baile or Mainprize, for his appearance and good Behavior in the mean 256 LAWS OF THE [part III. No levy to be made on lands where goods are found, nor shall the sureties be distrained when the principal has property and can be found. The beast of the plough shall not be distrained when there is other property. Replevin, when allowed. Debts to be paid in specie. Fines to be forth- with paid or se- cured j and paid in money if they do not exceed ten shillings. time, unless it be in Crimes Capital, and Contempt in open Court, or in such ease where some express Act of Court doth allow it. 19. It is Ordered, &c. That no debt be leavied on Lands or Rents, so long as the Debtor hath Goods and Chattels to be found to satisfie ; neither shall the Pledges or Sureties be distrained, so long as the Principle is sufficient and can be found. 20. That Beast of the Plough or Draught shall not be distrained for Debt, so long as others may be found to satisfie the Debt except for damage feasant. 21. It is Ordered, That every man shall have liberty to Replevy his Chattel or Goods impounded, distrained or seized, unless it be upon Execution after Judgement, or for payment of Rates, or Fines, provided he put in good security to prosecute the Replevin, and to Satisfie such damage and charge as his Adversary shall recover against him in Law. 22. That all Debts be paid in specie, according to Contract. 23. That when any Delinquents are fined to the Country, they shall forthwith pay their fine or give security to the Treasurer for the same, or their persons secured till they do. And that all fines not exceeding ten shillings shall be paid in money. CHAPTER V. The General Court, of whom to consist. Its power. COURTS. That the Affaires of this Jurisdiction may be the better carried on ; It is Agreed and Declared, that there be several Courts, for sev- eral purposes, and of different constitutions and power. AND FIRST OF THE GENERAL COURT. The General Court shall consist of the Governour, and Assist- ants, and Deputies for each Township in this Jurisdiction, which Deputies shall be Annually chosen, according to order of Court in that case provided, and shall be sent to each General Court, with full power of all the Freemen deputed to them, and as the Countries Representatives, together with the Magistrates, to consult of, and determine all such matters, and to make and establish all such Laws and Orders as concerne the publick welfare of this Colony, the mat- ter of Election of Magistrates and other Officers only excepted, wherein every Freeman is to give in his vote according to the ac- customed usage of this Court. PART III.] COLONY OF NEW PLYMOUTH. 257 2. It is Enacted, that this General Court, and all the Members Place and time thereof, shall meet and sit at Plimouth, on the first tuesday in June Annually, (nothing extraordinary preventing) and that then there Election of Gov- shall be the Election of all our Magistrates, viz. a Governor and seven Assistants, and likewise the Election of two Commissioners for the United Colonies, and our Treasurer, who shall be all chosen out of the Freemen, and by the free Votes of the Freemen of this Corporation, and not otherwise. And that at this Court also, the Deputies, Selectmen, Grand- Officers to be es- . ^ ' ' tabhshed. jury-men. Constables, and Supervizors of the Highwayes, be pre- sented to be established in their respective places, all which being first dispatched, then the Magistrates and Deputies shall continue together, to Consider and Order all such other afliaires of this Juris- diction as fall within their Cognizance, Trust and Power, until they shall see cause to dissolve or adjourn the said Court unto another time. 3. It is also Ordered, That besides the said fixed Courts, the Whomaysum- >", .... ._- ^^ ,.,. mens a General (jovernour or in his absence, the Deputy Governour, and in their Court of the body absence the greater part of the Magistrates of this Jurisdiction, shall "heir ^epresenta- have power to Summon a General Court, either the whole body of occasbnsr"*' Freemen, or their Representatives at any time, as the urgent and extraordinary occasions of the Jurisdiction, or any part thereof may require. And if any of the said Magistrates, or Deputies shall without iust *''"« f" non-ap- ■^ . . . pearances or de- cause, either be absent at the first sitting of any of the said General pariure without Courts, whether ordinary or extraordinary, or without leave depart, or disorderly absent him or themselves fioui ihe service thereof, be- fore the Court be finished, he or they shall each of them pay twenty shillings, for a fine to the Jurisdiction, for such absence or departure, but if the absence or departure be mingled with Contempt, or wilful neglect, the fine shall be increased, as the Court upon due consider- ation of the offence, with the aggravations, shall judge meet. 4. And in regard that through Age, Inability of Body, or Urgen- cy of Occasions, many of the Freemen cannot attend the Courts of Election ; Liberty is hereby granted to such of the Freemen as will not be Proxies may be there in person, to send their Votes by proxy, viz. by the Deputies of their respective Towns ; provided that such Votes be given to the said Deputies in open Town Meeting, and shall by the Deputies, be there sealed up severally, (that is to say) Votes for Governour by themselves. Assistants by themselves, &c. And that the Deputies 33 258 LAWS OF THE [part III. Penally for neg- lecling to appear al court or to send a proxy. Rights of the freemen. Who to be ad- mitted freemen, and in what man- ner. When to be dis- franchised. Who to vote in town meetings for choice of offi- also take a List of the names of such as sent Votes by them, that they may answer for them when they are called ; And that whosoever of the Freemen, do not appear at Election, in Person, or by Proxy, he shall be for such neglect, amerced to the Treasury ten shillings. 5. Forasmuch as the Freemen of this Corporation, have been declared to be the Associates of this Government, and have the priviledge and power of chosing Officers, and by themselves or their Representatives, together with the Magistrates, of making and Re- pealing Laws and management of the greatest concernes of this Common Weal. It is therefore Enacted by this Court and the Authority thereof, that none shall be admitted a Freeman of this Corporation, but such as are one and twenty yeares of age at the least, and have the testi- mony of their neighbours, that they are of sober and peaceable con- versation, Orthodox in the Fundamentals of Religion, and such as have also twenty pounds rateable Estate at the least in the Govern- ment. And that the Court may be well informed, that such persons as are to be admitted Freemen are so qualified ; they shall stand propounded a compleat year, before they take up their Freedome, unless it be some person that is generally known and approved, or of whom the Court may make present improvement : And all Freemen to be taken in at Election Courts only and in open Court. 6. And forasmuch as some corrupt Members may creep into the best and purest Societies ; If any Freeman of this Corporation shall be discovered to be no- toriously vitious or scandalous, as common Lyars, Drunkards, Swearers, Apostates from the Fundamentals of Religion, or the like or doth manifestly appear to be disaffected to this Government ; upon legal and due conviction of all or any of these, it shall be in the power of the General Court to Disfranchize him if they see cause from the priviledge of a Freeman. And because it greatly concerns the good and Weal of the whole Colony, to have a good choice made in the several Towns, of Select- men, Deputies, Grand-jury-men, Constables, &c. and it appears that some do abuse their liberty in Voting for choice of such Officers, and are either factious or slite in their choice ; It is therefore Enacted, That henceforth none shall have power to Vote on such accounts in Town meetings, but such as are Freemen of the Corporation, or Free-holders of twenty pounds Rateable Es- tate, Orthodox in the Fundamentals of Religion, of good Conversa- tion, and having taken the Oath of Fidelity. PART III. J COLONY OF NEW PLYMOUTH. 259 7. It is Enacted, That each Township in this Jurisdiction, do Deputies to be A n T*! i^i r /» 1 -ri annually elected, Annually, Ji,lect and Chose one or two fit men out of the Freemen, and their names for their Deputies, with full power as aforesaid, to attend the service fcourt. of the General Court, and the adjournments thereof, or for the whole year, in pain of forty shillings, and the respective Constable, to return the names of those so chosen to the Court, in pain of twenty shillings to the Colonies use. 8. And if the Court to whom such Deputy or Deputies be pre- in what case to sented, do upon the taking notice of their Members, adjudge any of the reason fe- them to be unfit for such a trust, then shall the Court return them town. with the reason thereof, unto the Town from whence they were sent, that they may make choice of filter persons to send in their stead, as the opportunity will permit. 9. It is ordered, &c. That nothing shall be concluded, and pass No act to pass as an Act of the General Court, but by the consent and vote of the sent and vote of major part of the Court. ^ majon y. And the Governour, or in his absence the Deputy Governour, When the Gov- shall have a casting Vote, whensoever there shall be an Equi-vote, Governor shall either in the General Court or Court of Assistants. \ vote. " "^^^ '"^ 10. That in case either of the Commissioners chosen, shall by if either of the Gods providence be disinabled to attend the service thereof, then the commissioner next in nomination for that choice shall attend that service in his stead, the next in no'mi- 11. And it is Ordered, That until the Court see cause for the ^Jf^i^" '" '^''^ '''' Freemens annual Electing of a Deputy Governour, the eldest Assist- The eldest Assis- ant shall sup ble absence. ant shall supply that place in the Governours necessary or unavoida- Governor. '' SECONDLY, COURTS OF ASSISTANTS OR MAGISTRATES. For the better Administration of Justice ; It is Ordered and Enacted by this Court and the Authority there- Courtof Assis- of ; That there be and shall be a Court called the Court of Assistants when to sit. or Magistrates, wherein all the Magistrates for this Jurisdiction shall meet and sit at Plimouth at least three times a year, namely the first tuesday in March, the first tuesday in July and the last tuesday in October, to hear, examine, and determine all capital, Criminal, and Its jurisdiction. Civil causes according to Law, and to receive and try all Appeals duely brought unto them from any Inferiour Court, or sentence passed ; And to call all the Inhabitants, Freemen, Planters, or others to ac- compt, for the breach of any Laws or Orders established or for other misdemeanours, and to Censure them according to the qualify of the offence and Law in such case provided, and to summons Juries of Inquests, and Tryals out of the Townships in this Jurisdiction, and 260 LAWS OF THE [PART III to make and constitute Clerks or other needful Officers, &c. in which meetings of the Magistrates, less than four Magistrates shall not be accounted a Court. 2. And that Justice be not deferred, nor the Country needlesly charged ; ACourtof Assis- It shall be lawful for the Governour or in his absence the Deputy lants may be n r called ou special Governour to Call a Court of Assistants, for the Tryal of any Male- factor in Capital causes, or upon any other weighty occasion, as he shall see cause. A special Court 3. That it shall be lawful for the Governour, Deputy Governour may be called at ,;r ■ ii ■ ^ r~, it." c the request of or any two Magistrates, to call a special Court at the Kequest oi any Stranger, or Forreigner for Tryal, in a case of considerable value ; provided such stranger put in security to defray the charge thereof, at which Court there shall not be less than three Magistrates. Ooestrangermay 4. And that it shall be lawful for any stranger, upon Legal Sum- sue another. . . _, . mons, to enter any action in any of these Courts, against any person that is not an Inhabitant amongst us. The Bench may 5. That the Bench shall have power to determine all such matters determine mat- /-it ters of equity. of Equity, as cannot be relieved by the Common Law ; as the for- feiture of an Obligation, breach of Covenants without great damage or the like matters of apparent Equity. The Court may 6. It is also Ordered, that in all Laws which are or shall be made, inflict penalties . 1 1 v • i n m for a violation of where no fine or penalty is expressed and limited, all Transgressors such laws as have 1 i n i t i 1 i 1 i i . • 1 none prescribed, are and shall be liable to such reasonable penalties or punishments as the Court of Magistrates duely weighing the nature of the offence, with the circumstances, shall judge meet. THIRDLY, THE COtJRT OF SELECTMEN. For prevention of unnecessary charge and travail to the Country, and incumbrance to other Courts, by small causes ; Selectmen, how It is Ordered, &c. That three or five fit men be x'^nnually chosen by papers, out of the Freemen in each Township in this Government, and presented at Election Court, who being approved by the Magis- trates as Select-men and sworn, to the faithful discharge of their trust ; shall have power to hear and determine, by their best discre- tion, according to the Law here established, all causes, wherein either party is an Inhabitant of their Town, and the Debt, Trespass or Damage, doth not exceed forty shillings, and have hereby power to send for Parties, and Witnesses by Summons, which may be served by the party, or attachments directed to the Constable, as the case may require ; as also to administer Oathes to Witnesses, and also to grant Execution for the Leavying of such Debts, or Damages, for the iise of the person damnified. chosen^ &c. PART III.] COLONY OF NEW PLYMOUTH. 261 2. And if the party being legally Summoned, do not appear to When the de- 1 T->i ■ -ry 1 11 • 1 1- 1 1 • • fendant does not answer, the i'iamtiife shall notwithstanding have his action proceed, appear.the action &c. as it is in that case for other Courts before provided: see tit. ""^ P''"'^''^ • Actions. But where the party shall be Attached, and refuse to give Bond for his appearance, or being Sentenced, refuse to give satisfaction, and no Goods appear in the same Town where the party dwells, the Select men may then charge the Constable with the party, to carry him before a Magistrate to be forthwith proceeded with according to Law, and not by the Select men, to be committed to prison in any case. 3. And where any of the three select men may be party in the When two of the ... r /-i selectmen may case, or absent, by an unavoidable act of Gods providence, then the try actions. other two are impowred to issue the case, or the other Select men where there is no Magistrate ; and the Select men to have three shillings of the Plaintiffe for every case they or any two of them where there is but three agree to give verdict upon. And that henceforth no Debt or Action proper to their cognizance be received, (except in cases of Defamation or Battery) into any other Court but by appeal. Liberty of appeal to the next Court of Assistants, being hereby Appeals, &c. granted to the grieved party, either before or after one review of his case ; provided he tender his Appeal, and put in Security before the Select men or one of them, to prosecute his Appeal to effect, and to satisfie all damages before Execution is granted, which shall not be till twelve hours after .Judgement. 4. It is further Ordered, That all appeals with the security as How appeals aforesaid, shall be Recorded at the charge of the party Appealing, ed, &c. and certified unto the Court to which they are made, together with all the Testimonies according to which they gave in 'their Verdict, and the Court Appealed to, shall judge according to those Testimo- nies and no other ; and if they finde matter of Fact and .Judgement according to Law with the other Court, they shall not revoke the Sentence or Judgement, but abate or increase damages as shall be judged right. And that any of the Magistrates or Selectmen where no Magis- tiate is, at the Appealants, request, grant a Precept for the Defend- ants appearance at the Court Appealed to ; And if such Appealment do not prosecute bis Appeal to effect according to Law, shall besides his Bond to the party forfeit forty shillings fine to the Country for such neglect. It is further Ordered, That the Select men shall also hear and de- 262 LAWS OF THE [PART III. What cases the tennine any Difference, Debt or Damage whatsoever arising between determine. any of the English in their Town, and any of the Indians, except matters of a Capital or Criminal Nature, and title of Land: Liberty also being granted to any of them grieved at the Sentence there pass- ed, to Appeal to the next Court of Assistants, and to be directed therein by the Select men. CHAPTER \ I. PRESENTIMENTS, INDICTME.XTS, JURORS AND JURIES. Presentmentsand It is Ordered by this Court, That no person shall be Indited, made w'?ihin°one Presented or Informed against to any Court or Magistrate within this year, except— Jurisdiction for the breach of any penal Law, or any other misde- meanour, the forfeiture whereof belongs to the Country, unless the said Indictment or Information, &c. be made and exhibited within one year after the offence be committed or else to be void and of none effect ; provided alwayes this Law shall not extend to any Cap- ital Offences, or any crimes that may concern loss of Member or Banishment, or to any Felonies above twenty shillings. Nor shall ii hinder any persons grieved for any wrong done to him, his Wife, Children or Servants, or Estate, real or personal, but that every such person shall have such remedies as formerly he might or ought to have. Persons indicted 2. It is Ordered ; That if any person shall be Indicted of, or le- toVave ihe'ir™o- S^"/ charged with any Capital crime, (who is not then in durance, ^c!f udSs^tli'ey ^^^ ^^^'^ withdraw or refuse to render his person to some Magistrate sdves''^'^ *^'"" °'' ^^'^^^ '" '•^^'^ Jurisdiction, within one month after three Proclam- ations made publickly in the Town where he did formerly usually abide, their being a full Moneth betwixt Proclamation and Proclam- ation ; his Lands and Goods shall be seized to the use of the Juris- - diction (and Ordered with due respect to his family, as the Court of Magistrates shall judge meet) till he make his lawful appearance ; and such withdrawing of himself shall be and stand instead of one Witness to prove the crime charged, unless he can make it appear to the Court, that he was necessarily hindred. JURORS AND JURIES. Grand jurors, It Js Enacted by the Court and the Authority thereof ; That a empanuened. ^" Grand Inquest of able and discreet men be Impannelled by the Gov- ernour and Assistants, which are to be chosen out of the several Towneships of this Government, as by Warrant shall be directed to PART III.] COLONY OF NEW PLYMOUTH. 263 them, to serve his Majesty by inquiring into, and preventing the breach of such wholesome Laws and Ordinances as are or shall be here established, and all such misdemeanours as manifestly tend to Their duty. the hurt and detriment of Religion, Civility, Peace, society or neigh- bourhood they shall know or be informed of, upon the Testimony of any one or more Witnesses upon Oath, to be committed by any per- son or persons within this Jurisdiction, and to do any other service which shall on His Majesties behalf be required of them at such Courts and times as shall by Warrant from the Governour or Magis- trates be required of them ; Provided no person whatsoever, shall be bound to Inform, Present, or Reveal any private Crime or Offence, wherein there is no peril or danger to this Colony, or any Member thereof, when any necessary tye of Conscience binds him to secre- tie : unless it be in Testimonies lawfully required of them. And every Grand-juror shall be allowed by their respective Towns Fees, two shillings sixpence a day, for their time and charge whilest they attend any of the several Courts, except the Courts of Election whereat they are presented to be sworn. And that such as refuse to serve on the Grand Inquest, beina; or- Penally for not ■^ serving^. derly chosen, shall be fined forty shillings to the Colonies use, and such as shall absent themselves from attending their service at any of the Courts, they shall be warned unto, shall be fined ten shillings un- less they give sufficient reason for such their absence. 2. That Petty Juries be summoned by the Governour, or some Petit jurors how iriTir- I ^ 1- • empanneiled and other 01 the Magistrates at such Courts as their may be occasion, sworn. and be impannelled and swore truely to try between party and party, and shall finde the matter of fact with the damages and cost, accord- ing to their evidence, or truely to try between our Sovereign Lord the King, and any Prisoner brought to the Bar, and the Judges shall declare the Sentence, or direct the Jury to finde according to Law ; and in all cases wherein the Law is obscure, so as the Jury cannot be satisfied therein, they have liberty to present a special Verdict, viz. If the Law be so in such a point we finde for the Plaintifle, but if the May give a spe- Law be otherwise, we finde for the Defendant, in which case the determination doth properly belong to the Court, And all Jurors shall have liberty in matters of fact, if they cannot finde the main is- sue, yet to finde and present in their Verdict so much as they can ; ihe Foremans allowance being one shilling ; and sixpence a piece to the rest of the Jurors for every Action that stands entred after they are sworn. 264 LAWS OF THE [PART III. CHAPTER VII. CONSTABLES. Constables chos- It is Enacted by the Court &c. That in every town in this Gov- en annua y. ernment, shall be annually chosen one or more fit men for Consta- bles ; whose Names shall by the Deputies of the Towns, be returned to the Election Court, and shall there, or within a week after the Court present himself to a Magistrate to take oath. Penally for refus- 2. That whosoever be chosen to the office of a Constable, dolh refuse to serve therein, or will not take the Oath appertaining to that office, he shall be amerced the sum of four pounds, the one half to the Colony, and the other half lo the publick use of the Town where he dwells ; and the Town forthwith to chuse another. None compelled 3 ^^^j because a Constables place, though a place of trust, is also to serve as con- i f a i nig to serve. to serve as con- stable oftener burthensome ; than once in sev- t /-v m -c r\ai c m en years. It IS Ordered ; That if any man have borne the Office oi a Con- stable, he shall not be compelled to serve in the same Office, in the same Town, nor any other in this Government, to which he may remove, in seaven years after ; and that all Constable shall be freed from Training, and Military Watches. Constable may 4. That if any Constable within this Government, have occasion appoint a deputy. cTm i* • ^ • r~^ iir to go out of the i own-ship wherein he is Constable, tor some time, he shall have power to depute, and by due satisfaction procure another meet person in his stead, as his Deputy, who shall execute the Constables place during his absence, as efTectually as he himself might do ; provided that the person whom he so deputeth, be not one that hath served in the place within two years before, except he be willing ; And in case any Constable shall neglect to provide and depute one in his stead, as aforesaid, to forfeit ten shillings for every default. To collect rales 5. That the gathering of Country Rates, Town Rates, Ministers and fines, and . ^ - . , • m serve summonses. Rates, also the leavymg 01 fines in the respective Lowns, and serve- ing of Executions, by Warrant from any Lawful Authority here es- tablished, shall belong unto the Office of a Constable, together with the serving of such other Warrants and Summons, as shall be by the said Authority directed by him ; and shall have twelve pence for serving a Summons, two shillings sixpence for serving an Attach- ment, in hand to be paid by the PlaintifFe, and returned again unto him by the Constable in case he fail in serving thereof. PART III.] COLONY OF NEW PLYMOUTH. 265 MARSHALS AND CONSTABLES DIRECTIONS. 6. That Justice may be the better Executed, the Jurisdictions officer first to occasions carried on, and that the Marshal and other Officers may and in case of ' know how to demean themselves in their places ; to fetze property. It is Ordered ; That in case of Rates and Fines to be leavied, and in case of Debts and Executions in Civil Actions, the Officer shall first demand the Sum due of the party or at his house or place of usual abode, but upon refusal or non-payment, he shall have pow- er to leavie the same upon any Goods liable to such Leavie or Execution wheresoever it shall be ; and if he be to take the person he may do the like, if upon demand he shall refuse to render himself : And whatsoever charges the Officer in any such case shall necessar- ily be put unto, in leavying or transporting the Goods or Matters leavied unto the Treasurer or party concerned, who is to receive the same, he shall leavie the said Charges also, as he doth the Debt, Assessment or Fine ; Provided it shall not be lawful for any such Goods exempt /->/v- 1 • -n 1 T A 1 m 1 from attachment Officer to leavie any mans necessary Bedding, Apparel, lools, on execution. Arms or such Implements of Household stuffe as serve for his ne- cessity, without express direction from the Court or some one of the Magistrates ; But in such case he shall leavie his Land or Person according to Law ; and in no case shall the Officer be put to seek out any mans Estate further than his place of abode, but if the party will not, or doth not discover his Goods, or Lands to a sufficient value, the Officer may take his person, who shall be kept in durance at his own charge till he make discovery of his Estate to satisfie the same, if he be solvent, but if he be insolvent, then at the Creditors charge. And it is also Ordered ; That if any Officer shall do injury to Officer doing any by colour of his Office, in these or any other cases, he shall be ^'itsflct'ion.^ liable to make restitution, upon complaint by Action or Information. And it is further Ordered, That the Constable or other Officer that shall not faithfully Collect such Rates, Assessments, Fines, or Debts and Dues, as shall from time to time be committed to him, or required of him by order of any lawful Authority here established, or that shall not attend his Order, to pay or deliver the same so Col- lected unto the Treasurer, or any other person or persons concerned therein, he shall be liable to make good all the damages that comes thereby unto the party or parties wronged, and to suffer such pun- ishment by fine to the Country according to the trespass. 7. It is Ordered by this Court and the Authority thereof ; That Constables to ■^ •' punish by whip- the Constable shall whip or punish any to be punished by Order of pi°g when or- dered by court. 34 -^ 266 LAWS OF THE [part III. To receive and convey offenders. General powers of constables. Penalty for re- fusing to assist the marshal or constable. Constables di- rected to have a black staff. Authority, (Where there is not another Officer appointed to do it) in their own Towns, unless they can get another to do it, S. It is further Ordered ; That any and every person tendered to any Constable of this Jurisdiction, by any Constable or other Officer of our own, o^ belonging to any forreign Jurisdiction in this Country or by Warrant from any such Authority, shall be presently received and conveyed forvvith from Constable to Constable till they be brought to the place to which they are sent, or before some Mag- istrate of this Jurisdiction, who shall dispose of them as the justice of the cause shall require ; And all Hues and cries shall be duely received and diligently pursued to full effect : and where no Magistrate is near every Constable shall have full power, to make, signe, and put forth Pursuits or Hues and cries after Murtherers, Man-Slayers, Peace-breakers, Thieves, Robbers, Burglarers, and other Capital Offenders ; as also to Apprehend without Warrant, such as are overtaken with Drink, Swearing, Sabbath-breaking, Va- gi-ant Persons, Night-walkers, provided they be taken in the manner, either by the sight of the Constable, or by present information by others : As also to make search for all such persons, either on the Sabbath day or other, when there shall be occasion, in all Houses Licensed to cell either Beer or Wine ; or in any other suspected or disordered places, and those to Apprehend and keep, in safe Custody till opportunity serve to bring them before one of the next Mages- trates to further Examination, provided, when any Constable is irn- ployed by any of the Magistrates for Apprehending of any person, he shall not do it without Warrant in Writeing : And if any person shall refuse to Assist any Constable or Marshal, in the execution of his office, in any of the things aforementioned, or otherwise as occa- sion shall require, being by him required thereto, they shall pay for neglect thereof ten shillings to the use of the Country, to be leavied by Warrant from any Magistrate, before whom any such Offender shall be brought ; and if it appear by Good Testimony, that any shall wilfully, obstinately and contemptuously refuse or neglect to Assist any Constable, as is before expressed, he shall pay to the use of the Country forty shillings. And that no man may plead Ignorance for such neglect or refusal ; It is Ordered, That every Constable shall have a Black staffe tipped with Brasse, as a Badge of his Office, which as he hath op- portunity, he shall take with him when he goeth to discharge any part of his Office, yet notwithstanding, the want of his Staffe shall not hinder him from Executing his Office in any kinde, if occasionally PART III. J COLONY OF NEW PLYMOUTH. 267 he be without it, nor exempt any from assisting him tiierein, that may know him to be the Constable. And if any Magistrate, Constable, or other, upon urgent occasion, Penalty for not 1 II r 1 I • 1 1 ... , . -IT raising hue and snail reluse to do their best endeavor, m raising and prosecuting Hues cry on urgent oc- and cries by foot, and if need be by Horse, after suc+i as have com- mitted Capital Crimes, they shall forfeit for every such offence to the use aforesaid, forty shillings. 9. It is Ordered &c. That the Constables in their respective Constables to Townships, shall warn Town-meetings of their Inhabitants, as they ^|s" ownmee- shall receive Order from any of the Magistrates, Select-men or Deputies of their Towns upon any due occasion to them seeming for such Town-meetings, In pain of twenty shillings for his neglect. It is Ordered that three or five men be chosen in each Township The towns to « . . T • I* • 1 I A T-» choose assessors. 01 this Jurisdiction, by papers, to make Assessments or liates upon all the Inhabitants of their Town, as there shall be need or occasion, for defraying of the publick charge of the Country, or the particular charges arising in their Townships, according to Order of Court in such case provided, or for leavying any fine laid upon the Tovcn, and if the Inhabitants of the Town do not come together upon the penalty fomeg- Constables warning, and chose Raters, the Town shall forfeit five • pounds to the Countries use. And if the Raters so Elected, do not make such Rates committed Penalty for neg- 1111 1 1 1 -1 J 1 1' lecting to make and ordered to them to be made, and transcribe and deliver or cause rates. to be delivered a fair copy thereof to their Constable, within four- teen dayes or sooner if the occasion shall require, shall forfeit twenty shillings a piece, and if their neglect be mingled with Contempt, forty shillings a piece to the Country. And it is further Ordered, That the Court or any two of the Magistrates may, as need shall require, upon defect of any Towns choosing Raters, or the Raters neglect to make such Rates, as by Order of Court are committed to them, make choice of three men to make such Rate. 10. It is also Ordered, &c. That the Constable is impowered to Fees for distress make distress on the Goods of such as neglect to pay their part of any such Rates as aforesaid, in unto him or his Order in the Town- ship, and to have one shilling for such distress : And if he cannot get in all the Rates, Assessments, committed to him during the time of his Office, he shall notwithstanding the expiration of his Office, have power with the Assistance of the next Constable to leavie by distress all such Rates and leavies. 1 1 . And in case the Constable neglect to gather in any of the said Penalty for not _, collecting rates. Rates, within forty dayes next alter he hath the said Rate, or sooner 268 LAWS OF THE [PART III. upon special occasion, he shall be liable to pay it himself, and to be Recovered by Suit or distraint on his goods, especially for such Rates as are not gathered and brought in to the Treasurers Order, according to the time mentioned in his Warrant ; which if the Treas- urer neglect, he shall be answerable to the Country for the same ; And if the Constable be not able to make payment, It shall be law- full for the Treasurer to distreyne for all Arrearages of Rates and Leavyes any man or men of that Town where the Constables are unable, and that man or men upon request to the Court, shall have Order to collect the same again equally of the Town with his just damage for the same. 12. And for the more equal and ready way of raising means for defraying necessary and publick charges of all sorts ; Rules for making It is ordered that all Rates and Assessments shall be equally pro- portioned by the Raters, according to each mans different personal Abilities, Faculties and Estates, both personal and real, being or reputed to be the Estate of each person in the same Town, or other- wise under their Custody or Managing, according to the just valua- tions as near as may be viz. Lands improved by Plough or Hough, or by cutting and taking of Timber from it or Renting it, and all Meadow Lands, and Cattel of all sorts. Mills, Ships, Barques, Ketch- es, and other Vessels, Merchantable Goods and other known Estate whatsoever, (Household-stuffe and Goods of that kinde, provided and kept for that use and not for Trade, onely excepted.) And for incouraging of Traffick ; It is Ordered, That Barques Ketches and other Vessels, with what Stock is imployed in TrafEck at home and abroad, shall be Rated but at the one half of their value. Constable and se- 13. It is Enacted by the Court; That the Select men and the aftersuch as sleep Constable or his Deputy in each respective Town in this Govern- meetfifg-^house on ment, shall diligently look after such as sleep or play about the Meet- the Lord's day. ^^ house, in times of the public Worship of God on the Lords-day, and take notice of their Names, and return such of them to the Court, who do not after warning given to them reform ; as also such as practise unnecessary violent Riding on the Lords-day. CHAPTER VIII. MINISTERS MAINTENANCE. Whereas this General Court taking into their serious consideration, the great defect that either is or would be in any Townships of this PART III.] COLONY OF NEW PLYMOUTH. 269 Jurisdiction, where there is wanting an Able, Godly, Teaching Min- istry, and the great prejudice to the souls of many like to ensue, and being desirous according to our duties, that such defects should not be, for want of due incouragement to such as e^er are, or shall be imployed in so good a work of the Lord ; And in consideration of the several Townships granted by the Court were so accommodated, as that they might receive such a number of families as might com- fortably maintain the publick worship of God there ; do therefore judge, that the whole, both Church and Town are mutually ingaged to support the same ; And do therefore Order and Decree, That in whatsoever Town- Ministers, how ship there is or shall be an Able, Godly, Teaching Ministry, which is approved by this Government, that there three or four men be chosen by the Inhabitants, or in case of their neglect, by any three or more of the Magistrates, to make an equal and just Proportion or Rate upon the Inhabitants, according to their Estates and Abilities, to make such convenient maintenance for his comfortable attendance on his work, as shall be agreed upon by the Church in each Township where any is, with the concurance of the rest of the Inhabitants, if it may be had, or by the Magistrates aforesaid, in case of their apparent neglect ; And that distress be made by the Constable as in other just cases, upon such as refuse or neglect to pay such their due propor- tions: But in case any Town either by a free contribution, or other good and honourable way, do effect the end aforementioned, this Law not to be binding to them. And forasmuch as it appeareth to be greatly inconvenient, that the Ministers should be troubled to gather in the Rates for their mainte- nance, and it may be an occasion to prejudice some persons against them or their ministry ; It is Ordered by this Court, That at June Court yearly, two meet 'Who lo collect . • 1 /-I -the minister's persons m each Town be appointed by the said Court, unless the salary. Towns have provided, and do present them, who shall take care of gathering in their Ministers maintenance for that year, by insiting the people to their duty in that respect, demanding it when due, and if need be by procuring distraint upon the Estate of any that shall ne- glect or refuse to pay their Rates or Proportions towards his support, and in case any Minister make scruple to receive what is so raised, it shall nevertheless be gathered as abovesaid, and be disposed as the Court shall order or advise for the good of the place. Whereas it hath been and is the pious care, and true intent of this Court, that all such Plantations and Townships as are by them grant- ed, should maintain the publick Sabbath Worship of God, and the 270 LAWS OF THE [PART HI. preaching of the Word, and do to that end afford them such propor- tions of Land as may accommodate such a society as may be able to maintain the same, and }'et through the corruption or sinful negli- gence of many, or most of the Inhabitants of some Plantations, they do or may content themselves to Jive without the Ministry of the Word, to the great dishonour of God, and danger of their Souls ; and there being great reason to fear that many may be acted therein by worldly and covetous principles ; The General It is therefore Enacted by this Court, &c. That in such Plantations pose a lax upon and Townships, where no Minister is residing, especially if it appear suppo°rofthe''"^ ^hst ^^^ generallity of the Inhabitants are remiss in the obtaining one ; neHe'cTs'ir'"'^'^ the General Court may and shall henceforth j-early impose a certain sum to be raised by Rate, upon the Inhabitants of such Plantations or Townships, which shall be kept as a stock for building a Meeting house, and for incouragement of a Minister to labour amongst them, or other such pious use as the Court may improve it in for their good, No public meet- 2. And it is Enacted by this Court and Authority thereof, That \vkhout the^ap-"'' "O publick meeting be set up within this Government, but such as ^'oun'"" °^ ""^ ^'^^ Court shall approve of; wherein they shall have special care, that they allow such only as are Orthodox in the Fundamentals of Religion, and in such places as it may not be destructive, nor too much prejudicial to any already approved. EDUCATION OF CHILDREN. Forasmuch as the good Education of Children and Youth, is ol singular use and benefit to any Common-wealth ; and whereas many Parents and Masters either through an over respect to their own oc- casions and business, or not duely considering the good of their Chil- dren and Servants, have too much neglected their duty in their Education, whilest they are young and capable of Learning ; Deputies and se- It is Ordered, That the Deputies and Select men of every Town, town to encour- shall have a vigilant eye from to time over their Brethren and Neigh- age educatjon, bom-g^ (q ggg that all Parents and Masters do duely Endeavour, by themselves or others, to teach their children and servants as they grow capable, so much learning as through the blessing of God they may attain, at least to be able duely to read the Scriptures, and other good profitable Books printed in the English Tongue (being their Native Language) and the knowledge of the Capital Laws, and in some competent measure to understand the main Grounds and Principles of Christian Religion, necessary to Salvation, by causing them to learn some short Orthodox Catechisme without Book, or otherwise in- structing them as they may be able to give a due answer to such plain PART III.] COLONY OF NEW PLYMOUTH. 271 and ordinary Questions, as may by them or others be propounded to them concerning the same: And further that all Parents and Masters do breed and bring up their children and apprentices in some honest lawful calling, labour or employment, that maybe profitable for them- selves, or the Country ; and if after warning and admonition given by any of the Deputies, or Select-men, unto such Parents or Masters, they shall still remain negligent in their duty, in any the particulars aforementioned, whereby Children or Servants may be in danger to grow Barberous, Rude or Stubborn, and so prove Pests instead of Blessings to the Country ; That then a fine of ten shillings shall be levied on the Goods of such negligent Parent or Master, to the Towns use, except extreme poverty call for mitigation of the said fine. And if in three months after that, there be no due care taken and Penalty for neg-- , r 1 T-' 1 ■ r 1 1 •! T • lectingttieeduca- continued, lor the Jiiducation ot such children and apprentices as tion of children. aforesaid, then a fine of twenty shillings to be levied on such Delin- quents Goods, to the Towns use, except as aforesaid. And Lastly, if in three months after that, there be no due Re- Selecimenorany , . . Iwo magistraies formation of the said neglect, then the said Select-men with the help may tiind out of two Magistrates, shall take such children and servants from them, edutaiion is neg- and place them with some Masters for years, (boyes till they come to twenty-one, and girls eighteen years of age) which will more strictly educate and govern them according to the rules of this Order. 2. For maintaining a Free School, vide The profits of Fishing at Cape Cod. Ctiap. 11. Numb. 6. MISPENDING OF TIME. It is Enacted by this Court, &c. That no Person, House-holder The selecimen to or other, shall spend his time idly and unprofitably, under pain of such of such as live punishment as the Court or Assistants shall think meet to inflict: ' ^' And the Select Men of the several Towns are hereby required to give in a list of the names of such as mispend their time, whether House-holders or others ; and of all single persons that live from un- der Family Government, or will not be Governed by their Parents or Masters where they live, that so the Court may proceed with them as the case may require. MARRIAGES, BIRTHS AND BURIALS, TO BE REGISTRED. It is also Enacted, &c. That the Town Clerk in every Town in Register to be this Government, shall keep a Register of the day and year of the riages" birUis'^nd Marriage, Birth and Burial of every man, woman and childe in that ''""*'=■ Township, and shall have for the Registring three pence a piece ; And if any Father or Mother or person next in Relation, do neglect 272 LAWS OF THE [PART III. to give an account to the Town Cleric, of the Name, and Birth day of their childe within one month after it is born, he or they shall be amerced for such neglect three shillings, one half to the Colony, and the odier half to the Town Clerk that complaineth of it. To be exhibited And whosoever shall neglect to give in their names, and the day annually al . . ? . . March Court. of their Marriage to the said Town Clark, within one month after they were I\Iarried, shall forfeit for their neglect three shillings as ahovesaid ; in like manner shall any Head of a Family, that neglects to give an account of any that are Buried out of their Family within a month. And the Town Clerk or Register keeper of every Town, shall exhibit a true and perfect copy unto March Court annually, of all the Marriages, Births and Burials of the year past; And lastly. Town clerk to That the Town Clerk, shall publish all Contracts of Marriages in the riages. Town, and shall have twelve pence as his Fee, for every such Or- derly Publication. How to be pub- 2. And for prevention of unlawful Marriages ; It is Ordered, That lished. , , . no person shall be joyned in Marriage, before the intention of the parties proceeding therein hath been published three times at some pubiick meeting, in the Towns where the parties or either of them do ordinarily reside, or by setting up in writeing, upon some Post of their Meeting house door in pubiick view, there to stand as it may be easily read, by the space of fourteen dayes. None under cov- 3. That none shall be allowed to Marry that are under the Covert &c., allowed 'to of Parents, Guardians, Masters, or Overseers, without their consent marry without j i, i* t...ir consent. and approbation. None shall invei- And whosoever shall inveagle or endeavour to steal the Affec- fffeciions^of any tions of any maus Daughter, Pupil or Maid-servant without his con- "r wi'thom con- sent or leave, he shall be punished by fine, so it extend not 'five seat of, &c. pounds, or by corporal punishment at discretion of the Bench and according to the nature of the offence. But if a meet Marriage be orderly proposed, and any master or guardian, out of any sinister end, or covetous desire, will not upon reasonable tearms suffer it to be ; it shall be in the power of the two next Magistrates, upon complaint, to hear and determine the case as they judge equal between both parties. 4. And as the Ordinance of Marriage is honourable amongst all, so should it be accordingly solemized ; Who may sol- It is therefore Ordered, &c. That no person in this Jurisdiction, emnize mar- tit* i . -a r . i i -i^ «• . riages. shall jovne any persons together m Marriage but the Magistrate, or such other as the Court shall authorize in such place where no Ma- gistrate is near, nor shall any joyn themselves in Marriage, but before some Magistrate, or person authorized as aforesaid ; nor shall any PART in.] COLONY OF NEW PLYMOUTH. 273 Magistrate, or other person to be authorized, joyn or suffer any to joyne together in Marriage in their presence, before such persons Publication according to Law. 5. And that no man shall strike his Wife or any Woman her Hus- No man to strike . -his wife nor wo- band, on penalty of such fine, not exceeding ten pounds for one of- man her husband, fence, or such suitable corporal punishment as the Court shall deter- mine. CHAPTER IX. TOWN AFFAIRES. It is Enacted, &c. That every Town-ship in this Government, Every town may 1 11 1 VI I m make such orders shall have liberty and power to meet together, and make such Town as are necessary Orders in prudential matters as they shall finde needful ; and also to affairs. make such Rates and Assessments as they have occasion for ; Pro- vided, that no Town Order do infringe or be repugnant unto any Or- der of this Court. 2. That none be allowed to be House keepers, or build any cot- Who shall be al- tage or dwelling house, until they have allowance of the Governour, house-keepers, some Magistrate, or the Select men of that Town ; and that a spe- ceal care be taken, that no single person that is of evil conversation, or hath not Arms to serve the Country, be suffered to keep such house or live alone ; And if upon due warning, such person do not put himself into some well Governed Family, it shall be in the power of the next Magistrate, or the Select men of the Town where he lives, to put him to service. 3. That if any person, whether Master of any Vessel or other, Whoever brings 1 ... . rn T-.1 . • 1 ■ ^ 3"V person into do bring m any into any lown or Plantation in this Government, town likely to be- without the approbation of the said Town or Townsmen, or do en- shairgWeslcuil- tertain or receive any that come in, and are not so allowed, but are '■*'' ^'^^°'- at the time of their comeing, or within a month after excepted against by the Constable or some one of the Select men of the Town, he or they that so bring in, or entertain any such persons likely to be burthensome or chargeable, shall either carry them away again, so as to free the Town of them, or give security to free the said Town from charge concerning him, whilest he is there resident. But if any man bring in an apprentise or covenant servant for years, that is at present sound an;! well, Bonds shall not be required of such Master, but if his servant fall sick or lame, he shall be main- tained by his Masters particular charge, during the date of his Inden- tures or Covenant, but shall afterwards be relieved by the Town. 35 274 LAWS OF THE [PART III. Poor children to 4. That every Town in this Govei-nment shall maintain their own e provi e or. ^^^j. . j^^^ jj- ^^^ jj^^j [^^^^ relief from any Town, do not iraploy their children as they ought towards the getting of a livelihood ; or if there be any other family that cannot or doth not provide competent- ly for their children, whereby they are exposed to want and extremi- ty, It shall be in the power of the Select men of each Town, to place out such children into good families where they may be better brought up and provided for. Towns liable to 5. That if any person come to live in any Town in this Govern- support such per- *■ . . i*ru*i sons as have lived ment, and be there received and entertained three months, li by sick- wilhin their limits 1 ti 1 r r 1 u 11 l three months un- ness, lameness or the like, he comes to want relief, he snail be pro- been warned out. vided for by that Town wherein he was so long entertained, and shall be reputed their proper charge, unless such person have within the said three months been warned by the Constable, or some one or more of the Select men of that Town, not there to abide without leave first obtained of the Town, and certifie the same to the next Court of Assistants, who shall otherwise order the person or charge arising about_^him, according to justice. But such as are 6. But if any children or elder persons shall be sent, or come sent to nurse, m i • school, &c., shall from One Town to another, to be nursed, schooled, or otherwise b© TGlicvcd hv ths _ town whence Educated, or to a Physitian or Chyrurgeon to be cured of any dis- eycame, ^^^^ or wound, &c. if such come to stand in need of relief, they shall be relieved and maintained by the Township whence they came, and not by that Township where they are so nursed, educated or at cure ; And in case they come or be sent from any place out of this Colony ; then if the Nurse, Educator, Physition or Chyrurgeon do not take good security to discharge the Town wherein he lives from all cost and charge, which shall or may befal concerning them, he that so received them shall be the Towns security in their behalf. None shall come 7. That no person shall come into any Town or Peculiar in this town without Government to live and inhabitant, without the leave and approbation leave. of the Governour and two of the Assistants at the least. Penalty for re- 8. That whosoever being resident within this Government, shall oath of fidelity, refuse to take the Oath of Fidelity, being orderly called thereunto, either by the Constable or any Magistrate ; or the Select men where he dwels, he shall be amerced to the Colonies use, in the sum of five pounds, which if he cannot or will not pay he shall be punished by Imprisonment or otherwise as the Court shall order. Agoodandsuffi- 9. It is Ordered, &c. That in every Township of this Govern- be™uiit in every ment there shall be a good sufiicient Pound from time to time, for *°^"' Impounding of such Horses, Cattle or Swine, as trespass any mans Corn field, or other inclosure. And whosoever impounds any such, PART III.] COLONY OF NEW PLYMOUTH. 275 shall give present notice to the owner if he be known, or otherwise they shall be cryed on the two next Lecture dayes or publick meet- ings, and if any of them escape out of the Pound, the owner if known shall pay all damages according to Law. And every person or per- Cattle, how im- 1- . . , .,„. ..,., pounded, &c. sons naving notice given, or otherwise left m wntemg at their house, or place of their usual abode, of any of their Cattle impounded or otherwise restrained, shall forthwith give satisfaction to the party so wronged, or otherwise Replevie their Cattle, and prosecute the same according to Law, upon peril of suffering all the loss and damage that shall come to their Cattle, by standing in the Pound or other lawful place of restraint ; But if the owners be not known or found, after such Beast be cryed as aforesaid, or inquiry made through the gener- ality of the Town, with notice given to some of the neighbours of the next Towns, for their occasional inquiry likewise, that the owner may take notice, make his claim, and pay the damage and charge, and if yet no owner be found, then after due appriseraent by indifferent men chosen by a Magistrate, or any two of the Selectmen of the place, and the same Recorded in the Town book, sale to be so far made that the charges be fully paid, and the remainder kept till the owner be known, and the rest of the Cattle first mark't to distinguish them, to be again turned into Woods. 10. That if any shall Heard Catde, on Lands that are another Whoever herds "' , , • 1 1 1 Ml r 1 1 catlle on another mans in propriety, though not inclosed, and will not lorbear so to do, man's land liable being warned by the owner or present possessor of such Lands, it ° *™^ses. shall be accounted a Trespass Action. 1 1 . Whereas complaint is made, that much Timber is fall'd and Timber cut and let lye and rot on the ground, and not timely improved by such as forfeited.' failed it, to the great waste of Timber, and spoile of the^ Commons ; It is therefore Enacted by this Court, &c. That whosoever shall fall any Timber on the Common, and doth not either Square or Rive it within six months after it is failed, it shall be lawful for any other of that Town to improve it as they see meet. 12. It is Ordered, &c. That every Town in this Government, Every town to shall have and keep Baited and well tended two Woolf Traps in fit traps, seasons, on penalty of five pounds. That if any Indian do kill a Woolf and bring his Head to the Con- Bounty to Indians stable in whose Township he killed it, he shall have a Coat of Duf- f"''""''5"'<'lves. fils, or fifteen shillings in other pay, by the Town in whose bounds it was killed ; and if killed in this Jurisdiction, and not within any Town bounds, then to be paid by the Treasurer. And if any English kill any Wolves in any Township, and bring Bounty to the their Heads to the Constable, they shall be paid thirty shillings for pa"!"""' ^"^ every such Woolf by the Town wherein they were killed. 276 LAWS OF THE [part hi. Every town to 13. It is Ordered, &c. That every Town within this Government, forcorn. shall have a Standard for Measures of Corn, made and sealed by the General Standard at Plimouth, and that round measures only shall be allowed. MILLER AND MILLS. Millers free from Jt is Ordered, &c. That all Millers (that is such as are then en- training and ordi- ^ nary watching, gaged to llie Tendance of a Grist-mill) shall be free from Trainings and ordinary Watchings. That no Miller shall take above the sixteenth part of the Corn he grindes for Toll, and that every Miller shall have alwayes ready in his Mill Weights and Shoals, provided at his own charge, to weigh Corn to and from the Mill if men desire it. Toll dishes. That every Miller in this Governmet, shall keep ia his Mill, two Toll Dishes, so made and sealed that one will hold a just Pottle up- heaped, and the other a Quart upheaped ; and shall pay ten shillings a month, for what time they use unsealed Toll Dishes, if complained of. Toll, &c. Casks, of what guage, &c. CASK AND COOPERS. That all Cask made or to be made in this Government, for Beef, Pork, Fish, Oyle or any sort of Liquor, be made according to the Assize and Gage of London ; And that they be made of sound and well seasoned Timber ; and that every Cooper do Brand-mark his Cask with a distinguishing Brand-mark, on penalty of the forfeiture of all Cask that are not so made and marked, the one half to the Informer, and the other half to the Colony. LEATHER AND SHOOMAKERS. Upon consideration of the damage or injury which many sustain by the ill Tanning of Leather, and by the Shoo-makers ill making it up into shoos and Boots ; Sealers of leather It is by this Court Ordered, That in every Plantation within this Jurisdiction, where either Tanner or Shoo-maker, is imployed in their Trades, one or two Sealers shall be chosen and appointed as the occasions require, who shall be under Oath faithfully (according to their best ability) to discharge their trust, and shall seal no Leather but such as they judge sufficiently Tanned, and fit to be wrought out, and sold in Shoos and Boots. And that every such Plantation shall have two Seals, to distinguish between good Leather well and suffi- ciently Tanned, and such as though Tanned enough, is in some other respect defective, either by over-liming, or for want of being well PART III.] COLONY OF NEW PLYMOUTH. 277 wrought upon the Beam, or by frost, or hath received some damage in drying, so that though it may serve for inward or middle soles, yet not for other uses without damage to the buyer ; all which Leather so defective, shall be sealed with a different Seal, that it may be known to be faulty. But that which is not sufficiently Tanned, shall neither be sealed Penalty for sell- j • -n ^ 11 -11 • I 1 1 m 1 ... in? leather that is nor used m Boots and shoos, till it be duely Tanned ; And that no not sealed. Tanner within this Jurisdiction, shall upon any pretence, sell, deliver, cause or suffer to be delivered, or pass out of his hands or custody, any Hide or Hides till being fully dry, they be first sealed by the Officer or Officers thereunto appointed, under the penalty of forfeiting the said Leather or the value of it to the Plantation where the offence is committed. And it is further Ordered, That if any Shoomaker shall use, or Penalty for using put any unsealed Leather into Boots or Shoos, or put any of the sealed'! forementioned faulty Leather, (though sealed as such) in any outward Soals, or upper Leather, or in any other place which may be hurtful to the buyer or wearer, or shall use any other way of deceit, in mak- ing up his ware, he shall make due and full recompence to the person or persons wronged, and complaining, and shall suffer such further punishment as his offence, considered with the circumstances shall require. And whosoever shall bring Hides from any other parts, and shall Penalty forbring- ., /. T r T-» --11 ■ I ■ 1 ■ -r • T • inff hides from sell, or use any ot them lor Boots or bhoos within this Jurisdiction, abroad, and sell- before they be sealed by some Officer here, according to the import "hfy are' sealed^ of this Order, or shall use them in Boots or Shoos contrary to the intent thereof; the Hides so sold or used, or the value of them shall be forfeited to the Plantation where the offence is committed, or such recompence or fine shall be made or paid (if it be only of ignorance) as the case may require ; provided that if both buyer and seller be faulty, they shall pay the forfeit betwixt them. The choosing and appointing of which aforesaid Sealer or Sealers, the Print or Mark, which each Plantation shall set upon their Seals, for good or faulty Leather, with the rate to be allowed for sealing, being left to the several Plantations. HIGH-WAYES. It is ordered, &c. That if any High-way be wanting in any Town- Highways to be ship of this Government, upon complaint, that then the Governour or ''^ °""'y^J"''y- any of the Assistants, Impannel a Jury, and upon Oath charge them to lay out such High-wayes, both for Horse and Foot, as in the best of their Judgements they shall find most beneficial for the Common- wealth, and as little prejudicial to particulars as may be: And that 278 LAWS OF THE [PART 111. all old Foot paths shall be still allowed, except other provision be orderly made ; And that where there are allowed Foot paths over any mans ground, which is fenced up, the Owners of such Fences shall make sufficient stiles or Gates. Private ways, And where there is necessary use of a particular way to any mans ow ai ou . pai-ticular ground, for Carting or otherwise, through his neighbours Land, where no other way is convenient!}' to be had, a Jury Impan- nelled as aforesaid, shall lay it out, as may be convenient for the com- plainer, and least prejudicial to the Owner of the Land through which it leads ; Provided still, that the Town or parly concerned, satisfie such particular men damnified thereby, as two or three men indiffer- ently chosen by them shall determine, if it be not otherwise provided for ; And that care be used to shut up such Gates or Bars allowed to such wayes that damage may be prevented. Highways to be And that Common High-wayes be forty foot broad, especially in forty feet wide, ttt t t^- r^ i Wet, Low, Dirty Grounds. Surveyors of 2. It is also Ordered, &c. That the Surveyors of High-wayes ihfeed'^^snou'ce^ shall give three days warning to particular persons, for themselves or their Teams when they are to amend the High-wayes, as often as need shall require ; And if any be warned as aforesaid, and shall ne- glect his duty therein, he shall pay two shillings sis pence a day for himself, and five shillings a day for his Team for every such neglect to the Towns use, to be leavied by distress on his Goods by War- rant to the Constable, from any of the ftlagistrates, or Select-men where there is no Magistrate near ; to whom the names of such Delinquents shall be returned by any of the Surveyors. 'Penalty for not 3. And that the Surveyor if he see cause, shall hire either Man attending to le- m • • /■ i • i i i i . , pair hiighways. or ieam, as occasion requires lor the said work, and to be paid out of the fines aforesaid ; And that the Surveyors warn not any Man or Team twice to work on the High-wayes, before they have first gone over all the Persons and Teams in the said Town-ship as aforesaid. And that every Surveyor that shall neglect his duty in repairing the High-wayes, shall forfeit five pounds to the Colonies use. At wiiat time 4. And that those warned to work on the High-wayes as aforesaid, those warned to , n , , ■ » i i i ^ work on high- Shall appear at the place appointed or places by the Surveyors, with way^ssia ap- ^j^gj^, q^^^^^ and themselves, fitted with Tools and Implements suitable to the work, by the hour of nine in the morning, and work till four at evening, allowing the space of one hour at noon for Refreshment. Surveyors to ren- 5. And that the Surveyors do at the end of their year, give an ac- der an account. /- i ■ ■ i' i • <• . r.i ■ . , . count ot their actings, and what monies oi the Towns may be in their hands, unto the Selectmen of their respective Towns, or such other as the Towns shall appoint for that affair. PART III.] COLONY OF NEW PLYMOUTH. 279 CHAPTER X. LANDS, INHERITANCE, AND WILLS. It is Enacted by the Court, &c. That whatsoever Lands have or Lands, how held, shall be granted by the Court to the respective Town-ships, or to any particular persons, either by the Court or particular Townships, shall be held to them, their Heirs, Successors and Assignes for ever, according to the most free tenor of East Greenwich, in the County of Kent, in the Realm of England, granted unto us in our Charter or Patent, and our inheritances to descend according to the tenor thereof. 2. That all Sales, Exchanges, Gifts, Mortgages or other Convey- Conveyances to ances of Houses and Lands, shall be acknowledged before some before a magis- Magistrate, before they be committed to publick Record ; Provided that all former Conveyances, that were before this Order, shall be accounted good, notwithstanding they be not, nor cannot be so acknowledged, being otherwise duely proved. 3. That where Lands and Tenements fall in joynt partnership, Lands held in ■ either by a Gift, Grant or Purchase, or otherwise, if a partner dye before it be divided, the Heirs or Assignes of the Deceased, shall not be deprived of their right, but shall have his or their proportion with the survivors, as if division thereof had been formerly made ; any Provision, Custome or Usage to the contrary notwithstanding. It is also hereby Provided, That any Partner may sue out a divi- sion, as he or they may see reason. 4. It is Ordered, That where no Heir, or Owner of Houses, Escheais. Lands, Tenements, Goods or Chattels can be found, upon the decease of the late Testator or Proprietor, a true Inventory of every such Estate, in all the parts and parcels thereof, shall with the first con- veniency, be duely taken, and a just apprizement made upon Oath, by fit men there unto appointed by a Magistrate, or in his absence by the select-men of such Plantation where the said Estate is, and the whole Estate to be seized to the public Treasury, till the true Heirs or Owners shall make due claim thereunto, unto whom the same shall be restored upon just and reasonable tearms. 5. An Act made July 10th, 1669, for quieting mens Esta'tes and avoiding suits in Law ; It is Enacted by the Court and the Authority thereof ; That no In what cases person or persons having had for the space or tearm of ten years full fs" barrel?" ™ ^ past and expired, any Right or Title of entry into or cause of Action for any Lands, Tenements or Hereditaments whatsoever, now de- tained from him or them, shall thereunto Enter or Commence Suit 280 LAWS OF THE [PART III. for, but within five years next after tlie end of this present session of Court, and at no time after. Any person hav- And that no person or persons having had for the space or tearme ofeniry for 18 of eighteen years fully past and expired, any Right or Title of Entry ihe same within" into, or Cause of Action, for any Lands, Tenements or Heredita- ^^'^"' ments whatsoever, now detained from him or them, shall thereinto Enter or Commence for, but within two years next after the end of this present Session of Court, and at no time after. None hereafter to And that no person or persons, shall at any time hereafter, make enter upon land -r** r^ c^ • r xim unless wiihin 15 any Entry iiito, or Commence buit for any Lands, ienements, or ^mTihrir"ri'Tht Hereditaments, but within fifteen years next after his or their Right, cept— '*' ^^ Th\e or cause of Action, or Suit, which shall hereafter first descend, fall or accrue to the same, otherwise such Title shall be forever after barred, and the party or parties claiming, and his and their Heirs utterly excluded from Entry into the same ; Provided nevertheless, that if any person or persons which hath or shall have such Right, Title or Cause of Action be or shall be at the time of the said Right, Title or Cause of action first descended, accrued or fallen, within the age of twenty one years, Feme Covert, non compos mentis, imprisoned or beyond the Seas, then such person or persons, his or their Heirs shall or may, notwithstanding the said fifteen years ex- pired, bring his Action or make his Entry at any time within five years next after his or their full age, discoverture, coming of sound minde, enlargement out of Prison, or coming into this Country, take benefit of, and sue forth the same, and at no time after the said five years. Those who have It is further Enacted by the Court, &c. That such person or t'ry''for'^20 years"' persons as have had Right or Title of entry into or cause of Action, rt'"to'be'fore™r'* ^^"^ ^"^ Lands, Tenements or Hereditaments, hitherto detained from barred. jjj|,i Or them, for the space or tearni of twenty years fully past and compleat, and neglected hitherto, to make his or their Entry, or to Commence suit for the same, shall be for ever barred, excluded and utterly disabled from such Entry or Suit to be made, excepting as in the abovesaid proviso, according as is provided by the Statute of England, made Anno 21. Jacobi Regis Cap. 16. Entitled An Act for Limitation of Actions and avoiding Suits in Law. It having been the usual manner and custome of this Court, as much as may be to have recourse to the commendable Laws of England in such case wherein there is no other Law by this Court provided more suitable to our condition. WtLLS. Whereas it hath been formerly Ordered by this Court, That all PART III. J COLONY OF NEW PLYMOUTH. 281 persons having Estate, Reail or Personal, being of a competent Age, Understanding and Memory, may by Will dispose thereof as he sees cause : It is also Enacted ; That all such Disposals by Will and Testa- wills must be ment, shall be Signed and Sealed by the Testator, before one or aS^itnessed. two substantial Witnesses, that may be able to Testifie that it was his Will, and that he was when he made it in such capacity as is above expressed. 2. And that such Wills and Testaments be Exhibited and Proved To be proved at the next court by such as are to Administer, at the next Court after the death of after the decease I m • c • 1 11 T /• 1 T-i , , of the testator. the iestator it it may be, and that a true inventory oi the Jistate duly valued, be then also presented and left in Record with the Will, before Letters of Administration be granted. And if any man dyes without Will, his Widow, or such as would Who to adminis- . . ter on the estate Administer, shall present an Inventory of the Estate as above, at the of an intestate. next Court ; And if it be a single person, and one that hath no Re- lations in the Country, or near the place, that then the Governour or next IVIagistrate, appoint some meet person there to make an Inven- tory, and present it to the next Court. 3. And inasmuch as some persons may be so suddenly surprized, that they may not have an opportunity to make a written Will ; It is Ordered by this Court, &c. That in such case, if any person Nuncupative do make a Will Nuncupative, or a Verbal disposure of his Lands and Estate before two good substantial Witnesses, that are neither Heirs nor Legatees, and they shall within three dayes commit it to Writing, and at the next Court make Oath unto it, it shall be Re- corded and accepted as a Will. 4. And if any Married man dieth Intestate, his Widow shall have one third part of the Rents and Profits of his Lands during her life, and a third of Goods and Chattels, Debts being first paid, at her dispose. 5. And it is further Enacted, That if any man do make an irra- The court may relieve the wid- tional and unrighteous Will, whereby he deprives his Wife of her ow vifhen de- reasonable allowance for her subsistency, upon the Womans com- Ey"thewiirof her plaint it shall be in the power of the Court to relieve hei^out of the "^ ^ ' estate, notwithstanding by Will it were otherwise disposed ; espe- cially in such case where the Wife brought with her good part of the Estate in Marriage, or hath by her diligence and industry done her part in the getting the Estate, and was otherwise well deserving. 6. And it is further Enacted, That when any man dyeth Intestate, What portion of the PstfltG oi flu and leaves divers Children ; the Eldest son shall have a double Por- intestate is al- tion with what he hath already received from him of his Estate, both o°w.^ 'ot ewi - 36 282 LAWS OF THE [part III. When lands shall be appropriated for the payment of debts. real and personal, but shall not be Instated in all the Lands, unless the Court see cause, and the rest of the Children shall inherit as Copartners, unless the Court upon good ground shall dtlierwise dis- pose. 7. And if any person dye more indebted then their Estate of Goods and Chattels can satisfie ; if he have bought Lands in his life time, to the impairing of his Estate, otherwise such Lands shall be sold to pay the Debts but not other, further then the Court may see cause. CHAPTER XI. Fishing and fowl ing to oe free, provided, &c. Whales cast on shore or found adrift, to whom to belong. FISHING AND FISH. That Fishing and Fowling shall be free to all Inhabitants of this Government, Provided that all Orders from time to time made by this General Court, for the due Regulating of Fishing and Fowling, be observed in place or places, wherein special interest and propriety is justly claimed by the Court or any particular person. 2. Whereas by providence, Whales and other great Fish are found a drift upon the stream, and sometimes cast ashore in this Ju- risdiction ; It is Ordered, That all such Whales as are cast up within the Bounds of any particular Township, or floating upon the stream, within a Mile of the Shoar, against the said Bounds of any Town- ship, shall be accounted the respective Towns falling within their Bounds as aforesaid, allowing one full Barrel of Merchantable Oyl to the Country for every such Whale, and but half a Barrel if it be wasted or torn away after parted, to be delivered to the Treasurers order at Boston. And whosoever taketh any Whale on drift at Sea, without those Bounds and limits abovesaid, and bring them on Shoar, he shall have the one half, and the Country the other half of the Oyl, and the Country ta*tllow case for their part of the Oyl. And whosoever shall finde any Whale ashore on the Cape or else- where, that is out of any Towns Bounds, and is on the Countries Bounds or Limits, shall allow the Country two Hogsheads of Oyl clear and paid to the Country. 3. Whereas there hath been great inconvenience as is conceived by taking of Mackrel at unseasonable times, whereby their increase is greatly diminished ; PART III.] COLONY OF NEW PLYMOUTH. 283 This Court doth therefore Order, That henceforth no Mackrel No mackerel shall be caught, except for spending whilest fresh, before the first before the first of of July Annually on penalty of loss of the same, the one half to the "'' * Informer, and the other half to the use of the Colony, and this Order to take place from the twentieth of this instant June. FISHING AT THE CAPE COD. 4. For the better improving of Fishing for Mackrel at the Cape with Saynes or Nets ; that the Fish be not wholly destroyed or driven off the Shoar, with constant Beating and Shooting at them with their Nets and Saynes ; It is Ordered by this Court &c. That none shall set. Shoot or Penalty for tak- hall Sayne on Shore with Mackrel at the Cape, before the fifteenth sems except day of October yearly, nor after the twentieth of November, on pen- ofOct. andaoth ally of forfeiting for any Mackrel so taken, without the Compass of "' "°^- this time, eight shillings a Barrel to the Colonies use. And that so good a commodity be not spoiled, nor impaired by gripple Persons, that only minde their present benefit ; but that it may be kept sweet and well preserved for a Market, and so kept a commodity ; It is further Ordered, That all such Mackrel taken by Saynes or Mackerel caught Nets at the Cape, shall be there salted up in good sufficient Cask, disposed of. and not in Lumber, neither on Shoar nor on Board of any Boat, Barque or other Vessel, on penally of forfeiting to the Colonies use, the one half of what is so salted in Lumber and not in tight Casks. And forasmuch as the Lands where such benefit is made by Fish- ing with Saynes or Nets, hath been purchased by the Colony and are truely theirs ; It is also Ordered, That no Stranger, or such as are no Inhabi- No inhabitant or tants of this Government, shall make use of our Lands or Shoar, for to fish at the Sayning or hailing of Fish, but such as this Court give License to, leave of court. on penalty of forfeiting all the Fish of any kinde so taken by any without leave. And all Strangers that shall be allowed there to Fish as above- said, whether taken in as partners with any of ours or otherwise, shall pay unto our Water Baily, or such as the Court shall appoint to receive it, for the use of this Colony, two shillings for every Bar- rel, or quantity of a Barrel of Mackrel there caught in such away ; and such of our own Inhabitants as do so fish there, shall pay one shilling a Barrel, and all such payments, whether by our own or Strangers, shall be made in money to the said Baily, or who is ap- pointed. 284 LAWS OF THE [PART III. And that peace and good order may be kept by all that fish there, and that the Colony may not be defrauded of their due by any^; Persons fishing It is further Ordered, That the Master of any Vessel, that shall atlheCapeto „. r i ■ give their names come there to Fish, or some known person of their company, shall liff and receive a presently upoD their arrival there, before they take any Fish, give under his hand to the Baily or his Deputy, for their peaceable car- riage there, and their due observance of the Orders or Court con- cerning their Fishing, who shall there upon give them a Ticket under his hand for their improving the season as abovesaid : And if any man do refuse so to do, he or they shall be discharged from making use of our Land on Shoar there, at their peril ; And if any prove troublesome, or disturb their peace, sell Liquor to the Indians, pro- phane the Sabbath, or be otherwise disorderly, the Baily or his Dep- uty is hereby impowered to carry such before the next Magistrate, who may issue the case, send the Offenders to prison, or take Bond for their appearance at Court, as he shall see cause, and the whole charge thereof be born by him or them that do so offend. And that the Water Baily be under Oath, as other Publick Offi- cers, as for the faithful discharge of his trust, so for his due and sea- sonable ordering, and giving an account to the Treasurer for what is the Colonies upon Fishing account, within one month after the said voyage is ended, or sooner if it may be. Six pence to be And for every barrel of Herring at any time caught by Nets, on ^arreUf^hemng. the said Cape Cod shoar, six pence per barrel be paid by any Inhab- itant that shall so take them, and twelve pence per barrel by strangers. Six pence per And whosoever shall take any Basse on the aforesaid shore with quintal to be paid ^^ . . /-~v ■ for bass. Nets, shall pay to the Colonies use six pence per Quintal, according to a former Order, and to be paid also in money. Swine, which 5. And it is Ordered, &c. That if any Swine, belonging to either trespass upon the . . „. fishermen may be English or Indians, do there annoy or trespass such as there Fish as abovesaid, in the Mackrel seasons ; it shall be lawful for any to make seizure of such Swine, paying one half of the value of such Swine to the said Baily or his Deputy for the Colonies use. The profits ofthe g. It is also Ordered, That the profit arising to the Colony by the nsbmg to be ap- ... . propriated to the aforesaid Fishing at the Cape, shall be imployed and improved for support of a free . ... „__, r^ii. .^-^ school. the erecting and maintainmg of a Free School in this Government: The Ordering and Management of which affaire is committed to the Governour and Assistants, or any four of them as they shall judge meet ; Provided there be some entrance made in order thereunto be- fore June Court next ; otherwise the said profits to be Ordered as that Court shall see cause. PART III.] COLONY OF NEW PLYMOUTH. 285 CHAPTER XII. MILLITARY AFFAIRS. In regard of the many appearances of danger towards the Coun- try by enemies from abroad, or that may arise within us, Gods prov- idence having disposed us in this Corner of this Western World, so far from our Native Prince and People, that we cannot expect that constant speedy protection and relief that they might otherwise afford us ; That we may be therefore in the better capacity according to our power, to defend the interest of God, our Princes interest, and our own. It is determined by this Court and the authority thereof ; That A council of war . . ' established. there shall be at all times a standing Council of War in this Colony, consisting of the Governour and Assistants, as annually chosen, and the like number of other trusty and able men, chosen also by the General Court, and from year to year filled up, if by death removed, or otherwise any of them may be wanting, or incapacitated to per- form their trust. And the Governour or President is hereby impowered by his Who may con- Summons, to convene the said Council; who being assembled, or of"waVa'nd°?ts the major part of them, they or any seaven of them concurring, shall ^""'""'y- have full power to act as a Council of War ; In establishing and com- missionating of Military Officers, in Pressing of Men, Horses, Ships, Barques or other Vessels, Arms, Amunition, Provision, Carrages, or whatsoever else they may judge needfull, for the present expedition ; And also to raise Moneys by Rate, upon the several Townes, or Plantations of this Government, according to their several propor- tions, to defray the charge thereof, and their actings in such a con- cern to be valid as if done by the General Court of this Colony, Provided they cross not the articles of confederation between the Confederate Colonies. 2. And it is Enacted by this Court, &c. That there shall be al- a stock of arms ways kept and maintained at Plimouth, or where else the Court or to be kept by the Council of War shall order it, a General or Public Stock of Arms '° °°^" and Amunition, to be improved as the Council of War shall order for the common safety ; besides which every Town in this Gov- ernment shall at all times have in readiness in their Town, such a Stock of Armes and Amunition as the Court have or shall particularly proportion them, on such penalty as in our Court Records is ex- pressed. And every man from the age of sixteen years and upwards, shall 286 LAWS OF THE [PART III. Every male one also be provided with such Arms and Amunition as the Court have upwards lo be determined, upon penalty expressed in our said Book of Records. provided with arms, 3. And for the better Disciplining and Training up of our men in the use of Arms ; A ffererai officer It is Enacted by this Court, &c. That there be at all times a under llie title of !<•»«■■ major siiaii be General Officer, under the Title of a Major, or other, who shall have command of all the Horse and Foot of this Government, ac- cording to his Commission and Instruction in our Book of Records. Every town to 4. And that in every Town within this Government, there be choosecommand- ... • i y-w j ers of their own particular Commanders so chosen and commissioned, as is by Order of this Court provided, to exercise their respective Companies, six dayes in the year at least, besides General Musters. Troop of horse. 5. Concerning the raising of a Troop of Horse, The number to be raised in the severall Towns, their Priviledge, Duty, and Orders, The fines of Commanders, and private Souldiers, Horse, or Foot, and alsoe what are to be accounted serviceable Arms ; Concerning Military Watches, Alarums, &c. See the Old Book of Orders. Maimed soldiers 6. And it is further Enacted by this Court, &c. That if any man by the colony!'" be Sent forth as a Souldier, and be so mained in the service, that he is disabled from following his occasions, he shall be maintained by the Colony whilest he lives, according to his quality, and the capaci- ty in which he served ; and when dead, shall have the burial of a Souldier. Smiths to mend 7. Be it also Enacted, That no Smith in this Government, who is able to do it, shall refuse or neglect to amend any Arms brought unto him for such purpose, he being tendered such currant pay as for other work ; as he will answer it to the Court. arms. CHAPTER XIII. ORDINARIES. Forasmuch as there is necessary use of Houses of Common En- tertainment, and of such as Retail Wine, Beer, and Victuals ; yet because there is so much abuse of that lawful liberty, both by per- sons that entertain, and by such as are entertained ; None to keep an It is Ordered by this Court, &c. That none shall keep a Victual- ordmary without _ , .^^_ ^ license. ling housc or Ordinary, or shall Retail Wine, Beer, Ale, Cyder, or Strong waters, &c. but such as are licensed thereunto by the Court of Magistrates, on penalty of five pounds forfeiture to the Colonies use, except it be for relief of some sick person, and the Ordinary keeper hath none. PART III.] COLONY OF NEW PLYMOUTH. 287 2. And that whosoever is Licensed to keep such publick house Ordinaries, how of Entertainment, shall be well provided of Bedding to entertain Strangers and Travellers, and shall also have convenient Pasturing for Horses, and Hay and Provender for their entertainment in the Winter, and shall not be without good Beer ; and if any Ordinary keeper do frequently fail in any or all of these, upon complaint, he shall lose his License. 3. It is further Enacted ; That no In-keeper or Ordinary in this Price of beer, Government, shall sell Beer for more than two pence the Ale quart, waters^ *™"^ upon penalty of three shillings and four pence for every such offence ; Nor shall any Vintner or Tavern gain more than eight pence upon the quart, in any Wine or Strong- Waters that they retail, more than it cost them by the Butte or Cask as they bought, on penalty of twenty shillings forfeiture for such offence duely proved. 4. Neither shall any Vintner or Ordinary keeper suffer any disor- der, by excessive drinking, in or at their House ; It is therefore Ordered, That he that suffers any person to drink Penally for suf- -rvi •i-xT iiii^ir /. foring persons to Drunk or to excess m his House, shall be fined for every such of- become drunk in fence duely proved five shillings ; And he that suffers any Town dweller, unless it be upon any extraordinary occasion, or publick imployment, to stay drinking in his House above the space of one hour, the Ordinary keeper shall be fined two shillings sixpence, and the Inhabitant so offending one shilling. 5. And it is further Enacted, That no single person. Labourer No single per- or other, shall be dieted in any Inne or Ordinary in the Town lo Sd'tn'an o^rdi- which he belongeth. "'t'y 'f, ">« 'o^" o where Iney reside. And that no Ordinary keeper suffer any Wine or Liquor to be Penalty for seii- drawn in his House on the Lords day to any, except in case of ne- the Lord's day. cessity, for the moderate relief of those that are sick or faint for their necessary refreshment, and not to young persons, or such as need it not, in pain of ten shillings to the Colony. 6. And for the preventing of the great abuse, by the excessive drinking of Liquors and other Drink in Ordinaries, &c. This Court Ordereth, That every Ordinary keeper in this Gov- Ordinary keepers ernment, shall be hereby impowred and required that in case any n^m'esofsuch person or persons do not attend Order, but carry themselves unciv- {JavTunciviiiy, to illy, by being importunately desirous of Drink when denied ; and do "•«<=°"''- not leave the House when required ; such Ordinary keeper shall return their names to the next Court, that so they may be proceeded withal according to the nature of the offence : and in case any Ordi- nary keeper shall neglect so to do, he shall be fined five shillings for every default. master or parent. 288 LAWS OF THE [PART III. Who to Inspect 7. It is further Ordered by this Court ; That two or three men, besides the Constable and Grand-jury-men, be appointed and impow- red, in each Town of this Jurisdiction, to have the inspection of the Ordinaries, or in any other places suspected, to take notice of such abuses as may arise in reference to the premises or otherwise, and make return thereof to the Court. Servants and g. That no Ordinary keeper suffer any Servants or Children, un- children not al- j v j > lowed to drink in der the Government of their Masters or Parents to buy or sit drink- ordinaries with- . . T . . . TX out consent of ing any Strong-liquors or Wine in their Houses, or where they have to do without liberty from their Parents or Masters, except in case of necessity for their relief, in pain of five shillings forfeit to the Col- onies use. CHAPTER XIV. INDIANS. Indians not al- \x is Enacted by the Court, &c. That the Indians especially such lowed to profane . . . the Lord's day. as live amongst or near the English Plantations, be not suffered to prophane the Lords day, by Hunting, Fishing, Fowling, Travailing with burdens, or by doing any servile work thereupon ; And if any being forewarned do, and will contemptuously offend in that kinde, the Constable of that Town, shall bring him before the next Magis- trate, or Select-men where a Magistrate is not, who upon proof of the Fact, may punish him by fine or otherwise, as the matter may be circumstanced ; And the like course to be taken with such In- dians as shall on the Lords day resort to English Houses, unless upon extraordinary occasion. No §;tins or am- 2. And whereas it is found by experience, that the Indians who munition to be -j i. i sold or loaned to are naturally perfideous, are abundantly more Insolent and Proud, when they are furnished with English Arms ; It is therefore Enacted by this Court, &c. That whosoever shall Give, Lend, Trade, Truck, or exchange with the Indians, so as to furnish them directly or indirectly with any kinde of Arms, as Guns, Pistols, Swords, Rapiers, or the like, or Powder, Shot, or Lead, or Amunition of any kinde, he or they upon due conviction thereof, shall forfeit to the Colonies use twenty times the value thereof, which if he cannot pay, he shall otherwise be severely punished, by Im- prisonment or otherwise : And if any Indians that have Arms have or shall at any time manifestly appear to be unfaithful and treacherous to us, they shall forfeit such their Arms, and not be suffered for time PART III.] COLONY OF NEW PLYMOUTH. 289 to come, to keep any unless particularly Licensed by the Court or Government. 3. It is also enacted, &c. That whosoever shall sell unto, or Nor shall boats, upon any consideration, furnish any Indi^ans vpith any kinde of Boats, lenttothem"'^ Barques, or such like Vessels, or Sails, or Tackling to fit up any Vessel, he or they shall forfeit to the Colonies use, ten times the value of such prohibited Goods, or be otherwise punished as the Court shall determine. 4. Whereas Complaint is made of Indians stealing of live Hogs from the English, and selling them, and concealing it by cutting of the ears. It is Enacted by the Court, That henceforth no Indians shall give Indians not al- any ear mark to their Swine, upon the peYialty of the forfeiture of eaV.markfo their such Swine, one half to the Country, and the other half to him that ^"""®" shall make seizure of them ; neither shall any Indian bring any Swine to sell, with their ears cut off, or ear-marked, on the same penalty as above, except he bring good Testimonies that he honestly ob- tained such Swine so marked, of some English. And to prevent controversie about Swine ; No Englishman It is Enacted, That no English shall claim any Swine in custody stt'erf'^in^ of the Indians, but by their ear mark., f^"mazk^ *" 5. Be it also Enacted, &c. That no person, whether Inhabitant None allowed to of this Government or other, shall Purchase, Hire, or receive of cei^^e any°iands Gift of the Indians, any Lands that lie within the Line of this Gov- "''"•e Indians, ernment, without the allowance and order of this Court, on pain of forfeiting for every Acre so bought, hired, or any way obtained of them, five pounds to the Colonies use. And if the fine or forfeiture cannot at present be obtained, the Lands so procured shall be forth- with seized for the Colonies use. , Neither shall any Buy, or Hire, or receive of Gift, any Wood, Nor timber or Timber, or Herbage of the Indians, without the Courts allowance '^^ ^^' on pain of forfeiting five times the value thereof to the Colonies use. 6. It is Enacted by the Court, &c. That liberty be hereby grant- Horses may be ed to the English in this Government, to sell Horses to the Indians, chans'oi cer°aiu Provided every Horse so sold be brought to the Town Clerk of "^""ditions. that Town where he is sold, and ten shillings in money, and delivered to the said Clerk, for the Colonies use, who shall Record his Mark or Marks, and have twelve pence of the said Money for his pains ; and in case any shall sell any Horses or Horse Colt to the Indians, and neglect so to do, he shall forfeit every such Horse, or the value thereof, to the Colonies use. But no person within this Government, shall sell or give any Mare 37 290 LAWS OF THE [PART III. Mares not to be to the Indians, in pain of the forfeiture of every such Mare, or the sold to Indians. value thereof to the use of the Colony : And that no Indian shall be suffered to keep any Mare in this Colony, on like penalty of the forfeiture of every such Mare to the Colonies use. And that the Country may not be defeated of the abovesaid ten shillings, under pretence of lending Horses to the Indians, although sold to them : Penally for lend- It is therefore Ordered : That none shall eive, lend, or hire any ing or hiring^ a _-^ -r • t • • horse of them. Horse or Horse Colt to any Indian or Indians in pain of ten shil- lings forfeit to the Colonies use. Penait}' for sell- 7_ Whereas notwithstanding many Orders have been made for the mg or giving ^ •' them wiue, cider, prevention of Drunkenness amongst the Indians, yet it doth abound &c. "^ amongst them to the dishonour of God, and occasion of many out- rages done amongst them, and other inconveniences like more and more to ensue, if no stop be put thereto; It is therefore Ordered by this Court, That whatsoever person or persons, doth directly or indirectly, Give, Sell, Truck or Batter, or any wayes procure to or for any Indian or Indians, any Wine, Cyder or Strong-liquors, by whatsoever name the said liquor may be called, shall for every such offence forfeit, five pounds fine to the Colonies use ; Provided this Order shall not extend to restrain any charitable act, in relieving any Indian Bona fide, in any suddain exigent of sick- ness, faintness, &c. not exceeding one dram or two, or by the pre- scription and direction of some Physitian, under the hand of a Magis- trate first obtain. The testimony of And it is Ordered, That the Accusation, Information or Testi- cieni lo prove mony of any Indian or other probable circumstance, shall be accounted tbesale of liquors, ai ■ • r -r* t i i unless— suincient conviction ot any Jinglish person or persons suspected to Sell, Trade or Procure any Wine, Cyder or Liquors as abovesaid, to any Indian or Indians, unless such English shall upon their Oath clear themselves from any such act of direct or indirect Selling, Trucking or Lending of Wine, Cyder or Liquors to any such Indian or Indians, and the same counted to be taken for conviction of any that Trade any Arms or Amuniiion to the Indians. And in case any such offender be not able to pay his or their fine as abovesaid, every such offender shall be publickly whipt. Wine, &,c. in (he And it shall and may be lawful for any man to seize any Liauor, possession of In- ^ _ •' J ^ 7 dians may be Cyder or Wine found in the Custody of any Indian or Indians, and seized ti •/ J have it for his pains. Provided he bring the said Indian or Indians before a Magistrate, or the Select Men of the Town, to be further examined about it. PART III.] COLONY OF NEW PLYMOUTH. 291 CHAPTER XV. HORSES. Whereas many Questions, and sonaetiraes troublesome Suits and Contests, grow between persons about Horses running together in the Woods unmarked, &c. It is Ordered, That each Plantation within this Government, have Horses of eacli a particular Brand-mark, to distinguish the Horses of one Plantation ed with a brand. from another, as by Order of Court hath been in that case provided and in use amonast us; besides which, every Owner shall mark every Every person of his Horses, Mares or Colts, with some distinguishing mark, and horses, and the that before Witness, whereby one mans Horse-kinde may be known ^rded? '^ '^' from another, and that in each Plantation there be an officer appoint- ed, either the Town Clerk, or some other fit person, to Record each particular mans Horse kinde, with the Marks, Natural or Artificial, with the Colour and Age thereof, as near as may be known, with the year and day of the month, and to require as satisfying evidence of his right, who presents any such Horse-kinde to be Recorded as may be had, and to Record any defect of due evidence, that a way may be open to other claims, and such Officer to have six pence for every Horse-Kinde so Recorded of the Owner thereof. And that whatsoever Owner of such Horse-kinde, shall neglect to Penalty for ne- present them, or the Mark and Age thereof to such Officer, to be Recorded, being above one year old, from time to time, at or before the first of March Annually, shall forfeit five shillings, the one half to the Town, and the other half to the Informer, excepting such Horses as any Owner keeps on his own ground. And that no person take up any Horse-kinde running in the Woods, to carry out of the Township where they go, without first bringing them to the Officer aforesaid, to be Recorded, and to re- ceive a Note from under his hand of the Marks, with the date thereof, on pain of forty shillings to the Colonies use ; Paying like fees to the Officer aforesaid. 2. If any man shall take up any Stray-horse, Mare, or Horse- strays, &c. kinde, he shall within one month give notice of it, with the Age (as near as he can) and his colour and marks, that so the Treasurer may cause them to be cried at three Courts next following ; and if any Owner be found, paying all due charges for his taking up and keeping, he shall have his Horse or Beast: But if after he hath been so pub- licly cryed, no Owner appear in a year after he was first cryed ; such 292 LAWS OF THE [PART III. Horse, Mare or other Beast, shall be one half to the Country, and the other half to him that took him up. It is also Ordered, &c. That whoesoever takes up any such Stray- Horse, Mare, &c. shall keep them well, and not wrong them by Drawing, Riding or otherwise, whilest he is upon such enquiry as abovesaid ; and that during the time, he shall alwayes keep a Wyth about the neck of the Stray, by which it raay be commonly known. What horses shall 3. It is Enacted by the Court, That none shall suffer to go at no^ go a arge, j^^^^ ^^ feed, in any Commons within this Government, any stoned Horse, being above two years old, and not thirteen hands high at least from the lower part of the Hoof to the upper part of the With- er, every hand containing four Inches standard measure, in pain to forfeit the same Horse or the value thereof, the one half to the Country, and the other half to him or them which shall seize such Horse of lower stature ; So that first by the Assistance of the Con- stable, or Select-men of any Township where such seizure is made, or seizor dwelleth ; Such Horse being by the seizor first brought to the next Pound, shall there by such an Officer, in the presence of three sufficient men, be measured and found lower than the stature above mentioned. This Order to take place from and after the first of October, 1670. What fences are 4. That such Fences as are judged sufficient against ordinary Neat horses*" ^^™^ Cattle, shall be allowed sufficient against Horses and Mares ; And if Horses be so wilde that they cannot be impounded, the Owner shall nevertheless satisfie the damage proved to have been done by them, as if impounded ; and if the Horse-kinde which so trespasseth be not marked, according to Order, the Owner for such shall pay double damage. 5. And whereas there hath been great Complaint of much damage done by Horse-kinde, and that many of them are and belong to For- reigners, either hither brought, here bought, or known to the Owners thereof to be strayed into this Colony, and here let run with their Increase year after year, to the great Damage and Annoyance both of English and Indians ; The horses of It is therefore Ordered, That all such Forreigners Horse-kinde forfeIe"uii°- ^ (other than accidentally strayed, without the knowledge of the less— Owner) shall be taken out of this Colony by the last of December next, in pain of the forfeiture of every such Horse-kinde, the one half to the Colony, and the other half to him or them that shall take up every such Horse-kinde, found within this Colony after the said time, other than such strayes as aforesaid, which shall be dealt with as by Order in that Case provided. PART III.] COLONY OF NEW PLYMOUTH. 293 And this Court willeth, That all such as are Inhabitants, as have Inhabitants re- T ■ 1 • 1 TT ■ ■ 1 ■ 1 quested to give any Inspection over any the said Horses, to give timely notice there- notice of such of to the Owner of such Horses as aforesaid. horses. Note. — In June, 1685, the laws were revised and again printed. This revision does not diflfer ver}* material!}' from that of 1671. It contains some provisions which are not found in any of the other laws, of which the following are selected as the most important and inter- esting. There is no manuscript fecord of these laws preserved. THE GENERAL FUNDAMENTALS. And it shall be in the liberty of any person, that is to be tried by in capital trials, a Jury, to challenge any of the Jurors, and if the challenge be found chalienged"per- * just and reasonable by the Bench, it shall be allowed, and others ^^P'""?- without just exception shall be Irapannelled in their room: and if it be in case of Life and Death, the Prisoner shall have liberty (accord- ing to the law of England) to except against twenty of the Jury with- out giving any reason for the same. ACTIONS. It is Ordered by this Court and the Authority thereof: That all Actions, where Actions about Title of Land shall be first Tried in the County where the lands lieth: and all other Actions triable at a County Court shall be Tried at any of the Counties, where either Plaintiff or Defendant resideth, as the Plaintiff pleaseth: and all Actions Triable at Select Courts shall be Tried at that Town where either Plaintiff or Defen- dant dwelleth, as the plaintiff seeth cause ; and any Action triable before a Magistrate, one of the parties must live or reside in the County where the Magistrate lives or resides unless both Parties be Strangers. APPEALS. It is ordered. That no person that sat as Judge and Voted in any who shall hear Inferior Court shall Judge or Vote in any Court appealed to, unless XretidTnlie the Judges appealed from be more than the Judges appealed to ; in ^^Y^^f ""'°- which case, it may be judged by the whole: in all appeals the case to be judged by the same evidence and no other than what was used in the Court appealed from, unless it appear either party were hin- dred from putting in any evidence in their case that of and by right and Law they should not have been hindred of; the said Court to confirm or reverse the Judgment, or to increase or abate the damage 294 LAWS OF THE [part III. as they may see cause according to Law ; and the Party that appeals shall bring in the whole case as left on file, and bring a certificate that he hath so done, and if he recover the charge, shall be allowed in his cost. BRIDGES. Who to repair bridges. It is ordered by the Court and the Authority thereof: That all defective Bridges and Highways, the Countrey, County, Town or particular persons, that of right ought to make and maintain the same: for neglect or defect therein, shall be liable to be presented to the County Courts, who as the case is circumstanced, shall lay Countrey, County, Town or Person that is defective under such Penalty as to them shall seem meet ; that they in such time as shall be Ordered, Repair or make such Bridge or Way as is presented ; and if they neglect or refuse to perform the same within the time set besides such fine as is laid on them, shall pay double damage to any particular Person that may suffer by reason thereof; and if it be the occasion of the Death of any person after the time set them for making or re- pairing the same, the Countrey, County, Town or Person defective shall be liable to such reasonable satisfaction or fine to the Relations, as the Court shall judge meet. County Courts, when held, and by whom. COUNTY COURTS. It is ordered by this Court and the Authority thereof; That there be in this Colony three Counties, and that in each County there shall be kept annually two County Courts ; which Courts shall be kept by the Magistrates living in the several Counties, or by any other Magis- trate that can attend the same, or by such as the General Court shall appoint from time to time, and to make a Court, there shall be pres- ent not less than three Magistrates or Associates, and in no case shall judgment be given without there be two consenting, or the major part if more than four Judges ; and in the absence of the Governour or Deputy Governour, the eldest Magistrate shall be President of the Court ; which Court shall have, and hereby have power to order the choice of J^uries of Grand Inquest and Trials in their several Coun- ties, and to constitute Clerks and other needful Officers ; the County Treasurer to be appointed and allowed of by said Court annually. Jurisdiction, &c. It is Ordered ; That each County Court shall have and hereby have power to Hear, Try and Determine according to Law all mat- ters. Actions, Causes and Complaints, whether Civil or Criminal, in any Case not extending to Life, Limb or Banishment, or matter of Divorce. PART III.] COLONy OF NEW PLYMOUTH. 295 2. It is Ordered That Plimoulh, Duxbury, Scituate, Marshfield, Plymouth Coun- Bridgwater and Middlebrough, together with all such places and Vil- ^' lages, that do or may lye between the said Towns and the Patent Line be a County; Plymouth the County Town, and said County called the County of Plimouth ; in which County shall be kept two County Courts annually, at the Town of Plimouth one, on the third Tuesday in March ; and the other on the third Tuesday in September. 3. It is also Ordered ; That Barnstable, Sandwich, Yarmouth Barnstable and Eastham, the Villages of Sippican, Suckonesset and Monamoy shall be a County ; Barnstable the County Town, and said County shall be called the County of Barnstable, in which County shall be kept two County Courts annually at the County Town ; one on the third Tuesday in April and the other on the third Tuesday in October. It is further Ordered; That Bristol, Taunton, Rehoboth, Dart- Bristol County, mouth, Swansey, Little Compton, Free Town, Sowammit, Pocas- set, Punkatest and all such Places, Towns and Villages as are or may be settled on said Lands shall be a County, Bristol the County Town, and the said County shall be called the County of Bristol ; In which County shall be kept two County Courts annually at the County Town ; one on the third Tuesday in May, and the other on the third Tuesday in November. . 4. It is Ordered &c. That all Deeds, Bargains, Mortgages for Conveyances of Houses, Rents, Lands, not already Recorded in the Public Records, ed in the County or that shall not be Recorded before the first County Court of each ^ ""^^ ' ''^^' County shall or may be Recorded in the County where they lye by the County Recorder ; which shall from and after the first County Court that sits in said County be accounted legal and sufficient Re- cord for the same ; it having been acknowledged or duely proved before the Recording. 5. It is Ordered, that such County Court shall have, and hereby County Court , 111- 1- T 1 r may settle the have power to settle and dispose accordmg to Law the estate ot any estates of intes- Person, that dies Intestate within the County and to grant Letters of pro'bateofwills. Administration and take the probate of Wills. 6. It is enacted, That County Courts have Power to make ef- Maymakeorders _^ -n • -n- 1 -n • 1 i about highways, fectual orders about County Prisons, Highways and Bridges ; and bridges, &c. when there is occasion. Order rates to be made in the several Towns and Places of the County for defraying County charges ; the Raters of each Town to rate their Inhabitants, or Persons under their Con- stablerick according to the proportion ordered by the County Court ; and the Constable to gather such rates and be accountable for the same to the County Treasurer. 7. It is Ordered, That in any County where a Stranger dies In- 296 LAWS OF THE [PART III. Town clerks to testate, the County Court shall appoint a meet Person to Administer covmiy court the on his Estate, if he leave any, and to secure the same for them of names of consta- ■ /• it i ^ v j »i- 1,1 bles, &c. whom of Kight it doth or may belong. 8. It is Ordered, That the Town Clerk in each Town annually return the Names of such Persons to the County Court, as by the several Towns are chosen to serve ; as Constable, Grand Jurymen, Surveyors of Highways ; that they may take their Oaths, and be established in their respective Places ; and the Selectmen to be re- turned to the Court of Election on penalty of twenty shillings fine for each neglect. Clerks to be re- 9. It is Ordered, That the Clerk of the County Court shall be cordcrs of the county. the Recorder of the County, who shall Record Deeds and Evidences for Lands lying within the County, who shall be under Oath for the faithful discharge of his Place : Said Clerk in open Court may ad- minister Oaths to Witnesses, and in the Name or Order of Court to grant Summons, Attachments, Warrants, and to sign and give out Executions for any Judgment obtained in any of the County Courts, which shall not be till twelve hours after Judgment, unless in any particular case the Law hath otherwise provided : nor then if the Court, or any special cause shall Respit the same. County courts! 10. It is Ordered, That each County Court may adjourn their may adjourn, &c. QQ^pty Courts as to them may seem meet; and all Persons con- cerned shall be bound to attend the said adjournment. Duty and author- H- It is Ordered, That there be a County Marshal, who shall ina°sha°.""''^ always attend said Courts, who are impowered to serve all Warrants, Attachments or Summons, that are directed to them, and to Levy Executions, who may require aid in the Execution of their Office, which shall be yielded on the same penalty, that is, for any to refuse to assist a Constable. When two magis- 12. It is Ordered, That in Case that requires a speedy proving adminiTiratifr"" °^ ^ Will, or taking out Letters of Administration ; it shall be lawful wlns''"''^'^ °^ '°*" ^^y ^^° Magistrates, the Clerk of the County Court being pres- ent, to record the same, to take the Probate of such Wills and to grant Administrations though out of Court, or not in Court time. Equity powers. 1 3. That a Magistrate, or any Court shall have Power to deter- mine all such matters of Equity in Cases or Actions that have been under their cognizance as cannot be relieved by the common Law, as the forfeiture of an Obligation, breach of Covenants without great Damage, or the like matters of apparent Equity. When to choose 14. Ordered, That the County Court, or any two of the Magis- trates may, as need shall require, upon defect of any Towns chusing Raters, or the Raters neglecting to make such Rates, as by Order FART III.] COLONY OF NEW PLYMOUTH. 297 of Court are required of ihem, or orderly committed to them, make choice of three men in such Town to make such Rates as aforesaid. 15. Ordered, That in all Criminal Cases, or Misdemeanors, be- Criminals con- *j I • TT T-» * 1 T-k • 1 11 j-1 vicled to pay sides their b ines or runishments, Persons convict shall pay Cost ecsis. and needful charges of Prosecution. 16. It is Ordered, &c. That a Judgment acknowledged before Before whom any two Magistrates and the Clerk of the Court, shall be good in ickoowledged. Law ; and if the Clerk be a Magistrate, he with one Magistrate may take such acknowledgment, and the Clerk shall have twelve pence for recording the same. COURTS OF SELECTMEN. It is Ordered by this Court and Authority thereof — That every Courts of select- Town in this Colony shall chuse three or five able Discreet men out tution and juris- of the Freemen of each Town annually, who shall be presented to "=''™- the General Court at June to be approved, and then Sworn there, or before a Magistrate, who shall have power to hear, try and deter- mine all actions of Debt, Trespass or Damage not exceeding forty shillings ; and to grant Summons and Attachments to the Marshal or Constables to be returned into their Courts, which may be four in one year, and not more : and to administer Oaths to any that may be used at their Courts, or in such matters as they have to deal withal ; and summons Witnesses, and upon issue of the Cases to grant Executions to the Constable or County Marshal, who shall ex- ecute the same and make return thereof, & doing thereupon to the Officer that keeps the records of such Courts ; and in all things to act and determine according to Law as is provided for other Courts and causes without Jury ; and that to make a valid act, there shall be the major part of them consenting ; and that the Selectmen in each Town shall order the prudential affairs of the Town, viz, to admit, approve or disapprove of any person who shall offer to Dwell or Inhabit in the said Town, to provide for such poor and necessitous Persons at the Towns charge, as the Town ought to be charged withal ; to look after and prevent any Incroachments upon Highways and Streets, to look after the keeping and maintaining the Town bounds at the Town's charge ; to put out with the consent of a Mag- istrate, Children that cannot or are not provided for by their Parents or Friends to Service or Apprentice ; Boyes till one and twenty, and Girls till eighteen years of age ; to put out to Service with the Advice of a Magistrate any Idle, Disorderly or Shiftless Persons that are likely to be chargeable to the Town ; That in such Town 38 298 LAWS OF THE [PART III. where no Magistrate or Person authorized with Magistratical power is, the Select-raen or any two of thera shall have power to convict and punish any persons according to Law for Drunkenness, Swear- ing, Cursing, Sabbath-breaking, Night-walking, Breaking of Peace, and all such other Matters in their Town referred to them by Law. CRIMINALS. Whereas divers unruly Persons, Servants and others in several places of this C( lony, meet together to walk about in the Night to Drink, Revel or Pilfer ; the same tending to the corrupting and de- bauching of the Youth ; and many offend and prejudice the peacable Inhabitants of the several Towns ; for prevention whereof; Nighi-waikers, It is Ordered by this Court and the Authority thereof, that all how puniiihed. Persons walking in the Fields or Streets after nine or ten o'clock at Night, unless known peaceable and orderly Inhabitants shall be liable to be examined by the Selectmen, Constable or Watch of the Town : or if complained on by any other person of the Town, and if they cannot give a satisfactory reason for their so doing, he or they shall be had before some Magistrate or other Person authorized, who upon the hearing of the Case, it appear they have been Rude or un- reasonably Drinking, Revelling, Gaming, Sporting or any ways dis- turbing ; or if it be Servants or Children, and it be without their Parents or Masters leave, they shall for the first Offence be admon- ished, or pay five shillings to the County, or sit in the Stocks an hour ; and if Transgress a second time, to pay ten shillings, or be whipt with ten lashes, and so from time to time as often as they FAIRES. Two fairs to be It is Ordered ; That there be two Faires annually kept at Bristol, held nuuually at i i • tit ■ ■« Bristol. one on the third Wednesday and Thursday in May, and the other the third Wednesday and Thursday in November. INDIANS. Indians not to It is Ordered by this Court and Authority thereof ; That no In- powwow, or wor- u • i i n i it • t • v • i i. ship any evil be- dian which shall dwell or come into our Jurisdiction shall presume at any time to Powwow or perform outward Worship to the Devil or other false God under the penalty of five pounds or severe Cor- poral punishment both of said Powwow and of such other as shall procure or abett him therein. And that no Indian shall resort to any English house on the Lords PART III.] COLONY OF NEW PLYMOUTH. 299 day especially when any of the People thereof are gone to Meeting, Nor to resori to 1 J. • , 1 , r 1 -ii- the houses of the unless upon extraordinary occasion, under the penahy ot ten shillings Kngiishonthe or Corporal punishment by Whipping, as the matter may be circum- °' ^ ^^' stanced ; and that no Indian under the like penalty, prophane the Lords day by Hunting, Fishing, Fowling, Travelling with Burthens, or doing any servile work thereon. LANDS & INHERITANCE. 1. It is Ordered and declared by this Court and the Authority Entailed estates thereof; That all Lands heretofore Intailed, and that shall be In- cordin? to the tailed hereafter, shall descend and enure as by the Law of England ™° °^''° ' the same ought to do. 2. It is Ordered and Declared, &c. That all the Sons of any Who to inherit. Person having Lands in fee simple shall be Heirs (paying and satis- fying in case as is by Law provided) the Eldest Son shall have dou- ble to any of his Brethren ; and all the younger equal Shares of the Land of their Ancestors ; and where there is but one Son, he shall be sole Heir, paying and satisfying as aforesaid ; and where there is no Son, all the Daughters shall inherit alike. 3. And that all the Brethren of the whole Blood shall be Heirs to any Person dying without Issue ; the Eldest Brother to have double to any one of his Brethren ; and where there is but one Brother, he shall be sole Heir to such Brother or other Ancestor ; and where there is no Brother, the Sisters of the whole Blood shall Inherit alike. DOWER. That there may be competent Provision made for the Maintenance of Wives after the Discease of their Husbands who died Intestate : It is Ordered and Enacted by this Court and the Authority there- of; That every married woman, who hath not demerited the con- trary by her wilful Absence or Departure from her Husband or other notorious fact without reconciliation to him in his life time ; or hath not by former Contract with her consent been Estated into some House, Lands or Tenements for term of her life, shall immediately after the death of her Husband according to the common law of England for the sustenance of herself, the nurture and education of her Children have Right and Interest by way of Dower in and to one third part of all such Houses and Lands as her husband was at any time seized of during the coverture, other than what Lands shee freely resigned up her Interest in, and acknowledged the same before 300 LAWS OF THE [part III. Dower to Ihe wid- ow to be set off by metes and bounds. Widow to have one half of per- sonal estate, when there are no children. a Magistrate : To have and to hoW unto the said Wife in severalty by flleets and Bounds for and during only the term of her life whether she had issue by her Husband or no : said third part to be set out to her by persons appointed thereunto by the County Court if the persons concerned agree not : Provided always, such Widow endowed as abovesaid shall not commit or suffer any strip or wast, but shall maintain all such Houses, Fences and Inclosures as shall be assigned to her for her Dower ; and shall leave the same in good and sufBcient reparation in all respects. It is also Ordered, &c. That all just Debts being first paid, the Widow shall have one third part of her late Husbands personal Es- tate to be at her own absolute dispose, and the other two thirds to be disposed amongst the children as the Law is provided. And where there are no children left of the Deceased Intestate Husband, there the Widow shall have the one half of the personal Estate, un- less the Court see just reason and cause to order it otherwise. MARITIME MATTERS. Maritime matters Ordered by the Court ; That all Maritime matters shall be tried county courts. at County Courts by the Laws and Customs of England. Latin school, how supported. SCHOOLES. 1. Ordered by this Court and the Authority thereof. That every County Town shall have and maintain a Latine School ; which if they do and the Master judged by the major part of the Ministers of the County a Person capable to bring up Youth fit for the Colledge ; then such Town for their encouragement shall have one third part annually of the money raised on the account of the Cape Fishing ; and if the County Town refuse or neglect the same, then such other Town that hath such a School shall have said Money ; and if more than one such in the County, where the County Town neglects, then said Money to be divided between them ; and where there is no such School in the County, then the Money to be for the Colonies use. 2. Ordered, That in any County Town where such School-Mas- ter is provided, whether by the major part of the Town or upon their neglect by a minor part, with the approbation of two Magistrates ; such Town shall pay twelve pounds per annum to be raised as other Town Rates annually for such School-Master ; and such as have the immediate benefit by sending their children to pay three pence a week for Writing and Reading, and six pence a week for a Schollar after he comes to his Grammar ; and every such School-Master shall PART III.] COLONY OF NEW PLYMOUTH. 301 be capable to teach to Write and Cypher ; and shall receive children after they are fit to begin in their Psalter ; and any that send their children from any other Town in the County not to pay for their Schooling. INTESTATES ESTATE. Ordered, That if any Person shall die Intestate, Funeral Charges Personal estate j-rwi-u- -111 1/-1 /-."f intestates, how and JJebts being paid, and such sum set apart as the County Court distributed. shall see meet for the bringing up of small Children or to be allowed for any Child, that is lame or decrepit or otherwise helpless and like to be more than ordinarily chargeable ; the remainder of Goods and Chattels to be disposed of as follows ; one third part to the Widow ; the other two thirds to be equally divided among the Children, dis- counting with each Child what appears they had before received in part of their Portion, saving to the eldest Son a double portion, if the Lands assigned to him do not amount unto a double Portion of the whole Estate real and personal. Ordered also. That if any person dieth Intestate, having Lands in fee simple whereby such Lands descend to the Heir Male, and there be divers Daughters and no considerable Estate besides Lands when Debts are paid, so that Daughters cannot have Portions in any measure according to such Intestate estate, the County Court out of which administration of any such Estate was granted, and where the Land lieth shall have power upon due consideration of such case to Daughters' por- appoint such Heir or Heirs male to pay to the Daughters Portions '°"'°' °"^ ^^' ' at such time and in such manner, and so much as to said Court shall be just and reasonable not exceeding to one Daughter the portion of any younger Brother ; which he hath by descent and from and by division of the Intestate Goods and Chattels ; and if such Heir or Heirs if of full age or their Guardian or Guardians for such or so many as are under age shall not pay such Portion or Portions as the Court hath Ordered and appointed and set down upon Record : The Clerk of said Court by order of Court shall grant Execution for such Portion or Portions, to be levied on such Lands as so descended or other sufficient Estate, which shall be delivered to the Party ; and if it be Lands, it shall be as good an Estate to Her and Her Heirs as in other case of Lands delivered on Ex- ecution. APPENDIX. " Conditions upon which the English at Leyden, who intended to remove to america, engaged with some merchants in england, who were to be joint adven- turers with them. "I. The adventurers and planters doe agree, that every person that goeth being sixteen yeeres old and upwards, bee rated at tenn pounds, and that tenn pounds be accounted a single share. II. That he that goeth in person and furnisheth himself out with tenn pounds, either in money or other provisions, bee accounted as having tenn pounds in stocke, and in the division shall receive a double share. III. The persons transported, and the adventurers, shall continue their joint stocke and partnershipe, the space of seaven yeeres, ex- cept some unexpected impediments do cause the whole company to agree otherwise ; during which time all profits and benefilts, that are gotten by trade, trafficke, trucking, working, fishing, or any other means, of any other person or persons, remaine still in the common stocke, until the division. IV. That, at their coming, they shall chuse out such a number of fit persons as may furnish their shipes and boats for fishing upon the sea ; imploying the rest in their several facultyes, upon the land, as building houses, tilling and planting the ground, and making such commodities as shall be most useful for the colony. V. That at the end of the seaven yeeres, the capital and profits, viz. the houses, lands, goods, and chattels, be equally divided amongst the adventurers : if any debt or detriment concerning this adventure * VI. Whosoever cometh to the colony hereafter, or putteth any * " Here something seems to be wanting, which cannot now be supplied." — Belk. Amer. Biog. II, 182. 304 APPENDIX. thing into the common stocke, shall, at the end of the seaven yeeres, bee allowed proportionably to the time of his soe doing. VII. He that shall carrie his wife, or children, or servants, shall be allowed, for every person, now aged sixteen yeeres and upward, a single share in the division ; or, if he provide them necessaries, a double share, or if they be between tenn yeeres old and sixteen, then two of them to bee reconed for a person, both in transportation and division. VIII. That such children that now goe, and are under age of ten yeeres, have noe other share in the division than fivety acres of unmanured land. IX. That such persons as dy before the seaven yeeres be expired, their executors to have theire parts or share, at the division, propor- tionably to the time of theire life, in the colony. X. That all such persons as are of the colony are to have meat, drincke, and apparel, out of the common stocke and goods of the said colony." * Treaty with Massasoit. I. That neither he nor any of his, should injure or do hurt to any of their people. II. That if any of his did any hurt to any of theirs, he should send the offender that they might punish him. III. That if any thing were taken away from any of theirs, he should cause it to be restored, and they should do the like to his. IV. That if any did unjustly war against him, they would aid him ; and if any did war against them, he should aid them. V. That he should send to his neighbour confederates, to inform them of this, that they might not wrong them, but might be likewise comprised in these conditions of peace. VI. That when his men came to them upon any occasion, they should leave their arms (which were then bows and arrows) behind them. VII. Lastly. That so doing, their sovereign Lord King James would esteem him as his friend and ally. * This treaty was made in March, 1621, and is found in Morton's Memorial, p. 54, Davis' Ed. APPENDIX. 305 Submission of Indian Sachems. September 13, Anno Dom. 1621. Know all men by these presents, that we, whose names are under- written, do acknowledge ourselves to be the royal subjects of King James, King of Great Britain, France and Ireland, defender of the faith, &c. In witness whereof, and as a testimonial of the same, we have subscribed our names or marks, as followeth : Ohquamehud, jyattawahunt, Quadaquina, Cawnacome, Caunbatant, Huttmoiden, Obbatinnua, Chikkatabak, Jlpannov). William Bradford, &c. Surrender of the Patent of PLyMOUTH Colony to the Freemen, March 2d, 1640. Whereas divers and sondry Treaties have beene in the Publicke generall Courts of New-Plymouth his majestie our dread Sovereigne Charles by the grace of God King of England Scotland France and Ireland &c concerning the proper Right and title of the Lands within the bounds and limitts of his said majesties Letters Patents graunted by the Right Honorable his majesties Counsell for New England ratified by theire Comon Seale and signed by the hand of the Right Honorable Earle of Warwicke then President of the said Counsell to William Bradford his heirs associates and assignes beareing date &c And whereas the said William Bradford and divers others the first Instruments of God in the beginninge of this greate work of Plantacon together with such as the Alorderinge God in his Provi- dence soone added vnto them have beene at very greate charges to procure the said lands priviledges and freedomes from all entangle- ments as may appeare by diuers and sondry deeds enlargements of graunts purchases payments of debts &c by reason whereof the title to the day of this present remayneth in the said William his beires associats and assignes now for the better setling of the state of the said land aforesaid the said William Bradford and those first Instru- ments termed and called in sondry orders vpon publick Record the Purchasers or Old Comers witnes two in especiall the one beareing date the third of March 1639 the other in December the first 1640 wherevnto these presents have speciall relacon and agreement and whereby they are distinguished from other the freemen and Inhabi- 39 306 APPENDIX. tants of the said Corporation Be it knovvne vnto all men therefore by these presents That the said William Bradford for himself his heires together wiih the said purchasers do onely reserve vnto them- selves their heires and assignes those three tracts of land menconed in the said resolvcon order and agreement beareing date the first day of December 1640 viz. first from the bounds of Yarmouth three miles to the Eastward of Naemskeckett and from Sea to Sea crosse the said neck of land The second of a place called Acconquesse (alias) Acockus which lyeth in the bottome of the Bay adjoyneing to the west side of Poynt Perrill and two miles to the westerne side of the said River to another place called Acqussent River which entereth at the westerne end of Nickatay and two miles to the East- ward therof and to extend eight miles vp into the Countrey The third place from Sowamsett River to Patuckquett River with Con- sumpsit neck which is the cheef habitation of the Indians and re- served for them to dwell vpon extending into the land eight miles through the whole breadth thereof, together with such other smale percells of lands as they or any of them are personally possessed of or interessed in by vertue of any former titles or graunts whatsoever and the said William Bradford doth by the free and full consent ap- probacon and agreement of the said Old Planters or Purchasers together with the likeing approbacon and acceptacon of the other part of the said Corporacon surrender into the hands of the whole Court consisting of the Freemen of this Corporacon of New- Ply mouth all that ther right and title power authorytie priviledges immunities and freedomes graunted in the said Letters Patents by the said Right Honorable Councell for New England reserueing his and their per- sonall Right of Freemen together with the said old Planters aforesaid except the said Lands before excepted, declaring the Freemen of this present Corporacon together with all such as shall be legally ad- mitted into the same his associates And the said William Bradford for him his heires and assignes doe further hereby promise and graunt to doe and performe whatsoever further thinge or thinges act or acts which in him lieth which shalbe needful! and expedient for the better confirmeing and establishinge the said premisses as by Counsell learned in the Laws shalbe reasonably advised and devised when he shalbe therevnto required In witnes whereof the said William Brad- ford hath in Publicke Court surrendered the said Letters Patents actually into the hands and power of the said Court bynding himselfe his heires executors administrators and assignes to deliver vp what- APPENDIX. 307 soever specialties are in iiis hands that do or may concerne the same. Memorand. That the said surrender was made by the said Wil- liam Bradford in publicke Court to Nathaniel Sowther especially authorised by the whole Court to receive the same together with the said Letters Patents in the name and for the use of the whole Body of Freemen. It is ordered by the Court that Mr William Bradford shall have the keepeing of the said Letters Patents which were afterwards de- livered vnto him by the said Nathaniel Sowther in the Publicke Court. Proceedings or the General Court relative to a Con- federation WITH THE OTHER CoLONIES. Sept. 27, 1642. The Court being mett together & haveing Intelligence of a gen- erall conspiracy intended by the Natives to cutt of all the English in this land tooke the same into serious consideration and duly way- ing such informacons W^'' they have received together w'h the cir- cumstances concurring there w* all do adjudge it absolutely needful and requisite to make speedy preparacon thoroughout the govern- ment for a defensive and oifensive warr against them as if they were presently to be sent forth. 2. It is agreed and concluded that Mr Edward Winslow, Mr Timothy Hatherley & Captaine Miles Standish shall be sent into the Bay to & have power to agitate and conclude w* them for a present combinacon or league but not to conclude that wii^out con- sent of the Court here. Their Commission is as followeth. Mr Edward Winslow, Mr Timothy Hatherley and Captaine Miles Standish are deputed and authorized by the Gen=>" Court this day to treate and conclude w'l^ such Commissioners as the Gov & Court of Massachusetts shall appoynt for that purpose upon such heads and propositions as the Lord shall direct them for our combineing together mutually in a defensive and offensive warr for our present defence against the intended surprisall of the Natives. And also to treate and confer w* thetn about a further combinacon and league to 308 APPENDIX. be concluded betwixt us for future tymes and to certefy this Court of the heads thereof that upon our approbacon of the same they may be confirmed by a gen 'all Court. June 6, 1643. It is ordered and concluded by the Court that Mr Edward Wins- low, and Mr William Collyer shall have full Commission and Au- thority in Name of the whole Court to subscribe the Articles of Confederacon (now read in the Court) with the Massachusetts Conectacutt and New Haven and to subscribe the same in name of the whole and to affix thereto the Comon Seale of the Government. Articles of Confederation between the Plantations VNDER the GoUERNMENT OF THE MASSACHUSETTS THE PlaNTACONS VNDER THE GoUERNMENT OF NeW-PlTMOUTH THE PlANTACONS VNDER THE GoUERNMENT OF CoNNECTA- CUTT AND THE GoUERNMENT OF NeW-HaVEN WITH THE Plantacons in Combinacon therewith. Whereas wee all came into these parts of America with one and the same end and ayme namely to advaunce the Kingdome of our Lord Jesus Christ and to enjoy the liberties of the Gospell in puritie with peace And whereas in our settleinge (by a wise Providence of God) we are further dispersed vpon the Sea Coasts and Riuers then was at first intended, so that we cannot according to our desire with convenience communicate in one Gouernment and Jurisdiccon : And whereas we live encompassed with people of seueral Nations and Strang languages which hereafter may proue injurious to vs, or our posteritie. And forasmuch as the Naliues have formerly com- mitted sondry insolences and outrages vpon seueral Plantacons of the Enghsh and have of late combined themselues against vs And seing by reason of those sad Distraccons in England which they have heard of, and by which they know we are hindred from that humble way of seekinge advise, or reapeing those comfortable fruits of pro- tection which at other tymes we might well expecte Wee therefore doe conceiue it our bounden Dutye without delay to enter into a present Consotiation amongst our selues for mutuall help and strength in all our future concernernents : That as in Nation and Religion so in other Respects we bee and continue one according to the tenor APPENDIX. 309 and true meaneing of the ensuing Articles : Wherefore it is fully agreed and concluded by and betweene the parties or Jurisdiccons aboue named and they joyntly and seuerally doe by these presents agree and conclude That they all bee and henceforth bee called by the Name of The United Colonies of Jfew- England, II. The said United Colonies for themselues and their posterities do joyntly and seuerally hereby enter into a firme and perpetuall league of Frendship and amytie for offence and defence mutuall ad- vise and succour vpon all just occations both for preserueing and propagateing the truth and liberties of the Gospell and for their owne mutual] safety and wellfare. 3. It is further agreed That the Plantacons which at present are or hereafter shalbe settled within the limmetts of the Massachusetts shalbe forever vnder the Massachusetts and shall have peculiar Juris- diccon among themselues in all cases as an entire Body and that Plymouth Connecktacutt and New Haven shall eich of them haue like peculier Jurisdiccon and Gouernment within their limmetts and in reference to the Plantacons which already are setled or shall here- after he erected or shall settle within their limmetts respectiuely Prouided that no other Jurisdiccon shall hereafter be taken in as a distinct head or member of this Confederacon nor shall any other Plantacon or Jurisdiccon in present being and not already in Comby- nacon or vnder the Jurisdiccon of any of these Confederals be received by any of them nor shall any two of the Confederates joyne in one Jurisdiccon without consent of the rest which consent to be interpreted as is expressed in the sixt Article ensuinge. 4. It is by these Confederats agreed that the charge of all just warrs whether offensiue or defensiue upon what part or member of this Confederacon soeuer they fall, shall both in men and provisions and all other Disbursements be borne by all the parts of this Confed- eracon in different proporcons according to their different abillitie in manner following, namely that the Commissioners for eich Jurisdic- con from tyme to tyme as there shalbe occation bring a true account and number of all the males in euery Plantacon or any way belonging to or under their seueral Jurisdiccons of what quallyty or condicon soeuer they bee from sixteene yeeres old to threescore being Inhab- itants there And that according to the different numbers which from tyme to tyme shalbe found in eich Jurisdiccon upon a true and just account, the service of men and all charges of the warr be borne by the Poll : eich Jurisdiccon or Plantacon being left to their owne 310 APPENDIX. just course and custome of rating themselues and people according to their different estates with due respects to their quailites and ex- emptions among themselues though the Confederacon take no notice of any such priviledg : and that according to their differrent charge of eich Jurisdiccon and plantacon, the whole advantage of the warr (if it please God to bless their Endeavours) whether it be in lands goods or persons shall be proportionably deuided among the said Confederats. 5. It is further agreed That if any of these Jurisdiccons or any plantacon vnder or in combynacon with them be envaded by any enemie whomsoeuer vpon notice and request of any three majestrats of that Jurisdiccon so invaded the rest of the Confederates without any further meeting or expostulacon shall forthwith send ayde to the Confederate in danger but in different proporcons ; namely the Mas- sachusetts an hundred men sufficiently armed and provided for such a service and jorney, and eich of the rest fourty fiue so armed and provided, or any lesse number, if lesse be required, according to this proporcon. But if such Confederate in danger may be supply ed by their next Confederate, not exceeding the number hereby agreed, they may craue help there, and seeke no further for the present : the charge to be borne as in this Article is exprest : And at the re- turne to be victualled of September 1671, Mr. John Winthrope GoV of Conecticutt Major Generall Leverett Mr Thomas Danforth Captaine William Davis with divers others came to Plymouth and had a faire and deliberate heareing of the Controversy between our Collonie and the said Sachem Phillip hee being personally present ; there being alsoe competent Interpreters both English and Indians ; att which meeting it was proved by sufficient testimony to the conviction of the said Phillip and satisfaction of all that Audience, both the said gentlemen and others ; That hee had broken his Covenant made with our Col- lonie att Taunton in Aprill last in divers particulars, as alsoe carryed very unkindly unto us divers wayes : 1. In that hee detained and neglected to bringe in the resedue of his English Armes not delivered att Taunton according to his en- gagement and that notwithstanding hee was allowed competent time ; yea his time enlarged yett hee neglected as aforesaid and instead of bringing them in Improved the opportunity of time rather to make them out of the way. 2. That hee had carryed Insolently and proudly towards us on several! occations in refusing to come down to our Court (when sent for) to have speech with him To procure a right understanding of matters in difference betwixt us. 3. That hee entertained harbored and abetted divers Indians (not of his own men) which were Vagabonds our professed enimies whoe leaving theire own Sachem repaired to him and were harbored ; 332 APPENDIX. 4. That notwithstanding the great wronge hee had done unto us in these and such like respects instead of repairing to the Court and to endeavour a reconcilliation, hee takes his Journey into the Mas- sachusetts bay with severall of his Councell Indeavouring to insinuate himselfe into the Majestrates and to misrepresent matters unto them ; whoe are our good frinds and Naighbours and what in him lay ; therby to make raischiefe and difference between them and us. 5. That hee had shewed great Incivillitie to divers of ours att severall times in speciall unto Mr James Browne whoe was sent by the Court on speciall occation as a messenger unto him ; and unto Hugh Cole att another time &c ; The Gentlemen forenamed takeing notice of the premises ; have- ing fully heard what the said Phillip could say for himselfe haveing free libertie soe to doe without Interruption ; Adjudged that hee had don us a great deal of wronge and injury (respecting the premises) and alsoe abused them by carrying lyes and falce storyes to them and soe misrepresenting matters unto them ; and they p''suaded hira to make an acknowledgment of his fault and to seek for reconcillia- tion expressing themselves ; that there is a great difference between what hee asserted to the Gov''ment in the bay and what hee could now make out concerning his pretended wronges and such had been the wronge and damage that hee had done and procured unto the Collonie as ought not to be bourne without competent repairation and satisfaction ; yea that hee by his Insolencyes had (in probabilhtie) occationed more mischeife from the Indians amongst them then had fallen out in many yeares before ; They pi'suaded him therefore to humble himselfe unto the Majestrates and to amend his wayes if hee expected peace and that if hee went on his refractory way hee must expect to smart for it ; the particulars wherof are more att large to bee seen in a full discourse between our Majestratea and the Gentle- men aforesaid and him (which is extant). In fine severall propositions were drawne up and read unto which hee was left to accept of or reject as hee should see cause in refer- ence unto his entering into a New Covenant with us ; and alsoe in reference to a way of reparation of some pte of the wronge don unto us : The Contents wherof are as followeth by him accepted of and signed unto. JV*ew Plymouth this 29 of September 1671. 1. Wee Phillip my Councell and my subjects doe acknowlidge ourselves subjects to his Matie the Kinge of England &c and the Gov'ment of New Plymouth and to theire lawes. APPENDIX. 333 2. I ame willing and doe promise to pay unto the Gov'ment of New Plymouth one hundred pounds in such thinges as I have ; but I would Intreat the favor that I might have three yeares to pay it in ; forasmuch as I cannot doe it att present — 3. I doe promise to send in to the Gov" or to whom hee shall appoint five wolves heads ; if I can gett them ; or as many as I can procure untill they come to the Number of five wolves yearly ; 4. If any difference falls between the English and myselfe or peo- ple then I doe promise to repaire to the Gov'' of Plymouth to rectify the difference amongst us ; 5. I doe promise not to make Warr with any but with the Gov"'^ approbation of New Plymouth. 6. I promise not to dispose of any of the Lands that I have att present ; but by the approbation of the Government of New Ply- mouth ; For the true performance of the premises I the said Phillip Sachem of Paukonaukett doe heerby bind myselfe and such of my Councell as are present ourselves our heires and successors faithfully and truely to perform. In witness wherof, wee have hereunto sub- scribed our hands the day and yeare above written. the marke P of Phillip Sachem the marke T of Wohkowpahenitt the marke of !> Wuttakooseeim the marke of a straight line to the southermost p' of Charles riuer & three miles southerly inward into the Country according as is exprest in the Patent graunted by his Ma'i" to the Company of the Massachusetts Plantacon Prouided alwayes & neuerthelesse conclu- ded and determined by mutuall agreement betweene the said Comis- sioners y' if it fall out that the said line from Accord Pond to the southermost part of Charles Riuer and three miles southerly as is before expressed shall straiten or hinder any part of any Plantacon begunn by the Gou"'ment of New Plymouth or hereafter to be begun w^'in the space of ten yeares after the date of these p''nts That then notw'i'standing the said line it shalbe lawful for the said Gou'"ment of New Plymouth to assume on the Northerly side of the said line where it shall so intrench as aforesaid so much land as will make vp the quantytie of eight miles square to belong to euery such Plantacon begun or to be begun as aforesaid w<='' wee agree determine and con- clude to apertaine & belong to the said Gou^ment of New Plymouth And whereas the said line from the mouth of the said brook w<='' run- neth into Conahassett salt marshes (called by us bound brooke) and the pond called Accord Pond lyeth neere the lands belonging to the Towneships of Scittuate and Hinghame Wee doe therefore hereby determine and conclude, that if any diuisions already made and re- corded by either the said Townes do crosse the said line, that then it shall stand & bee of force according to the former intents & pur- poses of the said Townes graunting them (the marshes form^ly agreed on excepted) And that no Towne in either Jurisdiccon shall here- after exceede, but containe themselues w'^in the said lines before expressed In Witnesse whereof we the Comissioners of both the Ju- risdiccons do by these pi'nts Indented set our hands and scales the ninth day of the fourth month in the sixteenth yeare of our Sou"- aigne Lord King Charles and in the yeare of our Lord 1640. WILLIAM BRADFORD, Gou'- ( ) EDW : WINSLOW ....() JO : ENDECOTT ( ) ISRAELL STOUGHTON . . ( ) INDEX. A. ACCOUNTS for public services to be settled, ACTIONS, when entered in court, " where brought, '' when but one party appears, " vexatious, " limitation of, " charge of entry when paid, " not to be tried at June Court, '^ when submitted to a jury, no new evidence to be introduced. ACCESSORIES, who are, ACUSHEI>JETT advised to procure a minister, ADDRESS by court to the inhabitants, *' " to his Majesty for confirmation of Patent " to their Majesties William and Mary, ADMINISTRATION of estates, ADMIRALTY, court of, of whom to consist, " " to try pirates, ADULTERY punished, ALARM how given, ALLOTMENTS of land, APPEALS regulated, . APPRAISERS of goods taken on execution, how chosen, " penalt}' for refusing to serve, ARMS, every person to have, . " to be provided by the towns, " what allowed for service, " to be carried to meeting on the Lord's day, " to be kept by the colony, " every male 16 years old to be provided with, ^' defective, to be mended, ARSON punished with death, .... ARTIFICERS not to work for strangers, ASHURST, SIR HENRY, public act of gratitude to, ASSAULTS punished, .... ASSESSORS, when and how chosen, " how to assess taxes, " penalty for refusing to serve, . " " for neglecting to make rates, . " " for any town neglecting to choose, ASSIGNMENT of debts valid, ASSISTANTS, when chosen, " penally for refusing to serve, 43 78, 96 77, 252 202, 293 . 253 ib. 158, 196, 280 98 . 112 . 252 . 201 . 142 . 106 . 144 . 209 32, 281 . 205 . 204 43, 113, 245 56 150, 161, 261, 293 79, 119, 168, 191 119, 168 45 70,84 74 115, 176, 192 . 285 72, 286 . 234 . 24a 74,101,267 74 76, 220 . 267 220, 233, 267 . 200 37, 73, 108, 257 . 30 338 INDEX. ASSISTANTS, chosen for one year, ... ... 37 their power and duty, ...... 39 their oath, ........ lA. may administer oath of fidelity, ..... 60 may take acknowledgment of sales of land, . . .86 candidates for, to be chosen by the towns, . . . .93 when to hold courls, . . . . .70, 207, 259 ASSOCIATES may be chosen in certain cases to exercise the powers of magistralos, 208 ATTACHMENT, when property is liable lo, .... 254, 265 " the person subject to, ..... . 254 " goods not lo be released from, till judgment is satisfied, 255 " property exempt from, ... . 256, 265 ATTORNEYS, when allowed, . . . . .191,255 " fees of, 191 B. BAIL, when allowed, BARK, exportation of, prohibited, BARLOW, GEORGE, may apprehend Quakers, BARRATRY punished, BEASTIALITY punished with death, BEANS not to be exported, .... BEER, price regulated, ..... BLASPHEMY punished, .... BIRTHS, marriages and burials to be recorded, BOARDS, duty on, .... . " price fixed, ..... '^ exportation or importation prohibited, BOOKS of account, when evidence of debt, . BOOK debts when to be demanded, BOUNDARIES, between Plymouth and Massachusetts, " " the towns to be run, " " English and Indians how fixed BRADFORD, WILLIAM, trade to be continued in his hands, " " commission to, renewed, " " surrender of the charter, BREWSTER, JONATHAN, ferryman at North River, BRIDGES, to be built over South, Jones and Eel Rivers, " who to repair, BRIDGEWATER and MIDDLEBURY line run, BUGGERY punished with death, BURGLARY punished, BURNING houses or ships punished with death, BUSHEL, standard established. 255 156 130 255 244 29 46, 287 244 86, 271 94 156 156 196 77 335 68, 176, 201 153 64 66 305 59 60 294 176 43 246 43,245 34, 80, 83, 96 c. CAGES in each town, . CAMBRIDGE COLLEGE, contribution for, CAPE COD fishery regulated, . 41, 127 . 167 216, 283 INDEX. 339 a new one 42, 178, 243 in certain cases, 262 101, 250 95, 276 46,274 43 34,274 182 99 177, 216 37 67,69 109 134 1 333 21 211 305 235 46 271 92 242 CAPITAL OFFENCES, " persons indicted for, to forfeit their property CARD PLAYING proliibited, . CASKS, of vvlial size to be made, CATTLE trespassing to be impounded " marks to be recorded, " herding regulated, " lax on, " impounded, when may be sold. See hapounding . . CENSUS of the male inhabitants to be taken CLERK to be chosen, . " salary, . " oath of, ... CHARLES II. acknowledged and proclaimed, CHARTER of the Council at Plymouth, " surrender of, to the King, " of the colony of New Plymouth " to be recorded, " surrendered to the colony by Gov. Bradford, " money raised to defray the expense of obtaining CHILDREN born in the colony, their privilege, " whose education is neglected, to be bound out, CHURCHES, none to he established or continued without leave of government, " to be protected, jSee Meetings, Ministers. CIDER, penalty for selling without license, COHANNET called Taunton, COLONY, right to it maintained, COMMISSIONERS of the United Colonies to be chosen, " of the colony may make treaties, impress men, &c. " of the King, propositions to General Court, COMMISSION OFFICERS, to see that the arms are not defective, COMMON LANDS, proprietors of, may meet and make orders " " to fix their bounds, " " meetings how notified, " '' may choose a clerk, COMPACT made on board the May Flower, . CONDITIONS of settlement at Plymouth, CONSPIRING against the government, CONFEDERATION of United Colonies renewed, " articles of, CONNECTICUT, bounds to be settled, CONSTABLES, when chosen, " oath of, . . . " to have charge of highways, '' may appoint deputies, f' to warn town meetings, " penalty for refusing to serve, " to serve but once in seven years, " may collect fines, ..... 102,138,264 '' to have staffs, " to apprehend Quakers, . .... 130 " to serve executions granted by selectmen, . . . 156 65, 151 42 145 97, 123, 259 230 327 168 198 201 19 163 308 90 37, 264 40 41 75,264 68 99, 127, 264 340 INDEX. CONSTABLES, their duly in collecting- rates, .... 152, " to notice such as sleep or play about the mee(ing-house during pub- lic service, . . .... " may exercise authority of water bailifi*, .... " penally for refusing to assist, ..... " to whip offenders when ordered, ..... ** of 1686 to account for ta.\es collected, COOPERS to make full sized casks, " to mark them with their initials, " casks to be made of the London guage, CONVEYANCES, fraudulent, void, CONVICTION, two witnesses requisite for, . CORN not to be exported, CORONER, duty of, . COSTS paid in money, .... COUNCIL OF Vi^AR established, " " powers of, " " proceedings of, relative to Philip, COURTING without parents consent prohibited, COURT, GENERAL, to be held at Plymouth, " " how constituted, " " penalty for non-attendance or not sending a proxy, " " may reject unfit members, " " shall establish officers, .... " " may impose a tax for support of the ministry, " " when to be held for trial of causes, " " proposition for dissolution of, deferred, COURT OF ASSISTANTS, when held, " " '' jurisdiction, .... " " " a majority must be present to try actions " " " may be called on special occasions, . 163, 90, 101, 162, 37, 154., Ill, 201, 61, 41, 41, 63, 92, 108, 44., 128, 112, 70, 207, " " " may try small causes without a jury, . COURT OF ADMIRALTY, See Admiralty. COURT OF SELECTIMEN. See Selectmen. COURTS for Barnstable, Sandwich and Yarmouth, ..... 66 " for Rehoboth, ........ 89 COUNTIES, division of the colony into, ... . . 295 COUNTY COURTS, when held, and by whom, " " jurisdiction of, ..... 296, 300 " " clerks of, recorders of the counties, .... 296 COUNTY TREASURERS to render their accounts, . . . .228 " " to receive money from constables, . . . 229 CRIMINAL OFFENCES, when tried, 245 " " persons guilty of, to be convicted in open court, . 246 " " committed in other colonies, the offenders to be given up, 162 CURSING father or mother, punished, . . . 245 2G7 158 190 266 265 2J0 94 95 276 200 242 29 169 190 285 285 329 272 257 256 257 259 257 270 149 90 259 269 74 260 128 D. DARTMOUTH rated for support of minister, DEATHS, untimely, to be inquired into, DEBTS, paid in specie. 160, 206 . 169 149, 228, 232, 256 INDEX. 341 DEBTS, may be assigned, ..... DEBTORS' bodies may be arrested wlien estate cannot be found, DEEDS, to be acknowledged and lecoided, " to have two witnesses, " penalty for forging, . DEFAMATION punished, DEPOSITIONS, how taken, . DEPUTIES, to General Court, chosen, " at what time of the day to meet, " to vote in same body with magistrates, " to propound candidates for freemen, " when to be rejected, DEPUTY GOVERNOR, the eldest magistrate to be, '" " to be sworn, " " when to have a casting vote, DISTILLERS to render an account of liquors distilled, DIVISION of lands, . DORMANT lands where taxed, DOWER, " to be set off by metes and bounds, DRUNKENNESS, how punished, DURESS, deeds, &c. obtained by, void, DUTY on liquors, " on oysters, " on mackerel, " on iron, boards, &c. " on tar, DUXBURY incorporated, " free from the *!harge of the troop, DWELLING HOUSES, how covered. 85, 200 154 86, 149 279 149 82 249 162 249 189 63, 108 259 83 92 170 100 112 259 164 259 189 239 136 29 142 43, 281 300 300 47,83 251 200 ,132, 136 143 132 161 132 135 57 129 29 E. EAST GREENWICH, tenure adopted, EASTHAM made a tovniship, ..... EDUCATION of children encouraged, " penalty for neglecting, ELECTION OF OFFICERS, .... ENGLISH STATUTES to be procured, ERRORS, circumstantial, not to abate writs, . EQUITY, the courts may determine matters of, in certain cases, ESCHEATS, ESTATES of deceased persons settled, " insolvent, divided among creditors, EVIDENCE, to be in writing, ..... " of title to lands, how preserved, " in capital trials, ..... " to be given within one year after fact, EXCISE, persons to be chosen to collect, " penalty for reproaching receivers of, " collectors, discharged, .... See Duty. ...... 37, 73, 32,43 43,279 94 . 270 ib. 108, 241, 257 . 137 157, 252 260, 296 . 279 ,281,299,301 33, 282 . 131 98, 168 . 242 . 162 91, 133 88 . 151 342 INDEX. EXCUSES for absence from general musler, when allowed, EXECUTION, when granted, . " to be served by marshal, " how levied, " arrest of body on, EXPORTATION of various articles prohibited, . 145 79 ib. 78, 191, 265 ]54, 265 28, 1 19, 156, 165 FAIRS, when and where held, . FALSEHOODS punished, FAMILIES inspected by selectmen, FAST DAYS. See Holy-days. FEES of clerk " of messenger or marshal, " of jurors, " of witnesses and constables, " for recognizances, FENCES, by whom made, " what are sufficient, " penally for breaking or burning, FERRY at North River, FINES, for stopping alewives in Sandwich river, " " not having arms and ammunition, " " not bringing arms to meeting, " " assistants not serving in office, " " sawing boards out of town bounds, " " selling boards for more than fixed prices, " " burying persons killed, without an inquest " " card playing, " " corrupting public officers, . " " members leaving court, " " denying scriptures, " " freemen not attending court, " " horse racing, '* " insulting receivers of excise, " " selling liquors without license, " " military officers neglecting duty, " " soldiers absent from trainings, " " not having recorded births, marriages, &o, " *' altering public records, " " millers not having sealed toll dishes '' " removing land marks, " " servants embezzling goods, " '' wearing vizors, •' " not ringing swine, . " '■ smoking on the Sabbath, " " " in the streets, &c. " " shooting at night, " " profane swearing, . " " making more tar than allowed by law, " " towns not choosing deputies, 63, 298 98, 129, 250 . 156 . 109 48, 111 35, 263 142, 147, 200 . 154 . 196 96, 175, 292 81, 250 59 82 45,76 . 193 30 94 . 156 . 169 101, 250 82 44 99, 247 41 . 171 88 . 140 84 . 137 87 82, 249 81, 117 81,250 81 81,250 45, 58, 198 . 168 59, 87, 252 56 65, 247 . 147 INDEX. 343 FINES, for residing in the colony without leave, . . . . .188 " " selectmen not serving, ....... 160 *' " obstructing highways, ....... 202 " " sealers of leather, neglect of duty, . . . . .189 " " not taking oath of fidelity, . . . . . . 76 102 130 " " pound breach, ........ 141 " " harboring Quakers, ....... 103 " " attending their meetings, ...... 125 131 " " insulting marshal, ........ 88 " " lying, 98, 129, 250 '■ " profaning Lord's day, ...... 92 247 " " military, . . . . . . . . 76,326 " how levied and paid, ...... 119,156,187,256 " payment to be secured, ...... 147, 256 " how collected of towns, ....... 120 " not to be paid before conviction, ...... 152 " collected by treasurer's warrant to constables, .... 101 FIRE, alarm hpw given, ........ 56 FIRING OF WOODS. See Woods FIRST PURCHASERS to select land for themselves, . . . 96 FISH, six score and twelve accounted a hundred, . . . . .67 *' inspector of, in each town, ....... 95 " regulations for taking, ........ 153 " not to be caught till spawned, ....... J97 FISHERY at Cape Cod regulated, ..... .132,161,284 " excise on, ......... 284 " profits of, to be appropriated to the support of a free school, . 167, 172, 284 FISHING and fowling to be free, 30, 34, 282 FLAX to be cultivated by every householder, .... 63, 68 FORCIBLE DETAINER, 248 FOREIGNERS may purchase a special court, ..... 113 " not to fish at Cape Cod without leave, .... 132 " not to sell liquors, ....... 199 " not to attach inhabitants till security for costs be given, . . 254 " not to be brought into the colony without leave, . . .62 FORESTALLING forbidden, 60 FORFEITURES. See Duty. Excise FORGERY punished, 82,249 FORM of grant of land, ........ 54 FORNICATION punished, 79, 246 FOWLING to be free. See Fishing. ....... FRAUDULENT conveyances void, ....... 200 FREEMEN, oath of, 38 " how admitted, 100, 108, 170, 268 " may vote by proxy, ...... 94, 108 " to make laws, 42,107,241 " to elect town officers, ....... 258 " when to be disfranchised, ... . . . ib. " Quakers, and such as oppose the laws, to be excluded, . . .113 " all required to attend court, ..... 44, 88, 128 " penalty for non appearance, ...... 41 " to send deputies to General Court, .... 63, 108 " insist on maintaining their rights, ..... 145 344 INDEX. G. GAMING punished, ....... . 250 GENERAL COURT, how constiluled, .... 41,63,92, 108, 256 " " business of deputies lo be first attended to, . 91 " " proposition relative to a dissolution of, deferred, . 90 See Court. ...... . GENERAL FUNDAMENTALS, 241, 293 " " to be inviolably preserved, . 242 GENERAL TRAINING 145, 1.37, 153 GOODS taken on execution, ....... 78, 191, 265 GOVERNMENT to be held at Plymoulh, 32,257 " under the charter reassumed, .... . 242 GOVERNMENT HOUSE to be sold, . 174 GOVERNOR AND ASSISTANTS chosen, . . . 37,73 108,257 " " " may try actions under 4-Os. 4S " " " may impress men to be employed on publ ic works, or in the public service, 112, 179, 199 GOVERNOR, office and oath of, . .... 37,38 " penalty for refusing to serve, ..... 30 " where to reside, ...... 32 " chosen for one year, ...... . 37 salary, 6S , 66, 227 " guard, ........ 57,77 " may issue summonses, ..... 76 " to address his Majesty for a new charter. . 235 " when to have a casting vote, ..... . 269 " may summons a General Court, .... 37,257 " to have a double vote, ..... 37 GRAND JURY, how empaimelled, 41, 262 " ' their duty, ....... 41, 263 " ' oath of, ... . . . . 125 " penalty for not serving, ..... 76, 262 tc ' paid by towns, ...... . 122 tl to view weights and measures, .... 88 " ' from what towns sent, ..... . 207 (I ' complaints lo, to be on oath, .... 41 " " when to appear at court, ..... . 125 GRANTS of land restricted, . 90 GREEN'S HARBOR PLANTATION, made a township, and called Marshfield, . 69 " " " cut enlarged. 55 GUNS, allowed for military service, ...... 74, 184 " to be set in enclosures only, ..... . 163 " penalty for shooting, excepting at an Indian or wolf, . . 176 ;s Ve Arms. ........ H. HALBERTS to be provided by each town, ...... 115 HALBERTEERS to attend Governor and Assistants, on days of election, . . 175 INDEX. 345 HANDICKAFTSMEN not to work for strangers, . HARVARD COLLEGE, contribution to, recommended, HERDING cattle regulated. See Cattle. HERESY punished, HERRING, granted to inhabitants of Plymouth, " weirs for taking, erected and regulated, HIDES, not to be exported, HIGHWAYS, how laid out, . " to be 40 feet wide, " how repaired, " duty of surveyors of, " penalty for obstructing " to be made at the expense of the towns through which they pass, HINCKLEY, THOS., to hold courts for the Indians, HISTORY OF NEW ENGLAND, contributions for its publication recommended, HOLY-DAYS, how appointed, " none to do any servile work on, HORSES, provided for military service, '^ impressed, " may be impounded, '^ to have brand marks, " marks to be recorded, " forfeited to the colonj', how disposed of, " unmarked, to be taken by marshall, " not to be sent out of the colony without owners' consent, " not to be taken up by Indians, " brought into the colony by Quakers, " not to be given to Indians, . " what may run at large, " how many, each may keep on common leujds, " when may be sold to Indians, " trespassing may be killed, " penalty for racing, . " stray, how taken up, " of foreigners, HOUSEKEEPERS, who allowed to be, " to have ladders, . " not to take a servant into copartnership, " to be provided with arms, '' to sow flax and hemp, HOUSE OF CORRECTION, ... HUNTING to be free. See Fishing. . HUSBAND not allowed to strike his wife, 167 248 32 57,66 119 64, 123, 277 154, 278 35, 91, 278 78, 152, 278 ib. 174 153 . 199 . 103 77 . 118 117, 124, 291 . 291 122, 131 . 118 lis, 151 , 118 . 127 . 162 168, 292 169 . 155 170, 197 . 171 197, 291 292 35, 36, 273 56 . ' 58 35 63 120, 127 IDOLATRY punished, . IDLENESS punished, . IMI'OUNDING CATTLE, . IMPRESSMENT of soldiers and horses, " of men on public works, 44 . 243 64, 271 45, 46, 175, 274 44, 77, 179, 215, 225 . 112 346 INDEX. IMPRESSMENT of messengers, 121 " " artificers, 199 INDIANS, penalty for hiring or buying their lands without Jeave, . . 74, 141, 289 " repairing their guns, ....... 76 " selling them liquors, 89, 151, 290 " furnishing ihem with arms, ..... 94, 178 " supplying them with casks, ...... 95 " working on the Lord's day, ..... 96,288 " selling ihem boats, 100,289 " discharging a gun on the Lord's day, ..... 100 " selling, lending or giving them horses, .... 162, 284 " taking up horses, . . . . " . .118 '' receiving their lands by \vay of gift, . . , . . ' 129 " planting corn in any town required to fence it, . . . . 139 " not allowed to make an alarm by shooting, .... 100 " may impound horses and hogs, ...... 123 " strangers, not to reside in the colony, ..... 129 " found drunk, how punished, ..... 141,169,194 *' bounty paid on wolves to, ..... 93, 142 " not allowed to give an ear-mark to their swine, . . . 151, 289 " not permitted to use in any way horses of the English killed by accident, 152 " powder, &c. not to be sold to, .... 148, 152 " contracting debts to dicharge them by labor, . . . 169, 172 " pledges taken from, to be forfeited, . . , , 169 " business of, when to be attended to, ..... {fi. " may give testimony not under oath, ..... 171 " idle children of, to be bound to service, ..... 172 *' steaJing, to restore fourfold, ...... z^, " when to prosecute their claims for land, . . , . ib. *' servants not allowed to have guns, ..... 178 " male captives above 14 years old to leave the colony, . . .177 " not allowed to come to Plymouth during the session of the court, 182, 202 '' an overseer to be appointed and his powers, .... 193 " to have the criminal laws read them once a year, . . 194 " to pay such taxes as the Assistants direct, . . . . ib. " foreigners, not allowed to hunt in the colony, .... ib. " persons may be licensed to sell powder, &c., . , . 190 " runaway servants to be whipped, . , 195 " not to remove from one town to another without leave, . . 195^ 212 " the Governor to take charge of, . . . . . . 196 " not to be trusted, ...... . 200 " guns not to be purchased of, . .... ib. " may sue for their rights, ....... 236 " none to buy timber of, ...,., . 289 '• testimony, of, to prove the sale of liquors, .... 290 " not permitted to powcna or visit the houses of the English on the Sabbath, 298 INDIAN SACHEMS, submission of, . . .... 305 INDICTMENT not to be found, except on oath, ... 41 " nor after one year, ....... ggg INHABITANTS, to be provided with arms, . . . , . 31 45 " list of males betweeen 16 and 60 years old to be taken, . . 177 " three months residence required to gain a settlement, . . 73 77 INDEX. 347 INHABITANTS, none admitted till approved by the Governor or Assistants, 57, 188 " how warned out, ....... 188 INHERITANCE, of real estate, .... " of personal estate, .... INTESTATES' ESTATE, how and by whom administered, INTRUDERS, warned to leave the colony, . " penalty for entertaining, IRISH required to bear arms and train. 43, 75, 279, 299 . 300 32,281 . 188 lb . 100 J. JAMES II, proclaimed, . 206 JENNEY, JOHN and others, the bench to determine what shall be done with their com seized, ....... 65 " may erect a mill at Plymouth, ..... 66 JOINT TENANCY, 75,279 JUDGES related to either party not to pass sentence, .... 198 JUDGMENT, when granted, 254 JURY, trial by, estaWished, 28, 42, 242 " not necessary for small causes, ...... 129 " persons required to serve, ....... 42 " one juror from each town, ....... 131 JURORS, PETIT, not allowed to take tobacco while on duty, . . .68 how empannelled, ....... 263 may give a special verdict, . . . . . ii>. may be challenged, 242,293 fees, .... .. 35,263 See Grand Jury, . ... K. KENNEBECK, sale of, confirmed, " government at, KIDNAPPING, 244 LABOURERS' wages fixed, . . 61 LADDERS to be owned by every householder, . . . . .56 LANDS, division of, . . 29 " to be enclosed, ........ 31 " reservation for first purchasers, ..... 45, 47 'f original allotments surrendered, ...... 32 " held in partnership not to go to survivors, .... 75, 279 " conveyances to be acknowledged before a magistrate, and recorded, 43, 98, 279, 295 " by what tenure held, . . ... 43, 279 " to servants, where located, ....... 34 " to be forfeited in certain cases, . . ... 47 " when sold for payment of debts,- . . .33, 282 348 INDEX. LANDS, form of conveyance of, . . . " declaration of rights to, . . . " not to be purcliased of Indians without leave, " wife to consent lo sale of, . " vacant, or dormant when taxed, " boundaries between English and Indians to be fixed " to be sold to defrd}^ expenses of the war, " common, proprietors of, may meet and make orders " to fix their boundaries, " not to be levied on, so long as there is other property *' when to escheat, .... " entailed to descend according to law of England, " who to inherit, .... See Inheritartce. .... LAWS, committee chosen to revise, " to be made by the freemen or their representatives, '* each town to have a copy of, " proposition to repeal those of ]657 and 1658, . " printed book of, in force, " written book of, .... LEATHER to be searched and sealed, LECTURE DAYS, inholders to clear their houses of guests during LIMITATION of actions to recover lands, . " for book debts, " of indictments, LIQUORS, penalty for selling without licence, " " for selling them to children or servants, " '' for selling them to foreigners, " price fixed, . " invoice of such as are imported to be given, " in possession of Indians may be seized, . " tax on licences, " what quantity may be brought into the colony, " excise on, . ... " penalty for selling less than 5 gallons at one time^ LORD'S DAY, penalty for profaning, " " for travelling on, neglecting public worship, setting up meetings without leave, penalty for playing or sleeping in meeting, " for riding violently on, " for smoking tobacco, '^ for arms to be brought to meeting, " for selling liquors on, Indians forbidden to work, LYING punished, . . . . • 49, IM 74, 289 86 . 142 . 1S3 . 185 . 193 . 201 . 256 . 279 . 299 75, 279, 299 35, 163 30, 42, 107, 241, 259 . 121 . 123 168, 207 . 170 189, 27C divine service on, 199 158, 280 77,196 . 262 86, Hfl 140, 183 . 199 125 135, 140 148, 290 155 . 167 143, 149 . 222 92, 247 113, 138, 199 93, 123, 150, 2+7 103, 138, 270 168, 268 . 153 ib. 115,128,176,192 137, 171 96 98, 129, 250 M. MACKEREL fishery, regulated, . . 161,162,205,216,283 MAGISTRATES and deputies considered one body in enacting and repealing laws, 92 " may compel religious societies to do their duty, ... 99 INDEX. 349 146 SI, MAGISTRATES exempt from taxes in certain cases, " taxed, .... may empannel juries to lay out highways, " may mitigate penalties, &c., '' allowance to, ' penalty for refusing to serve, " eldest to be Deputy Gove'rnor, " may give licence to sell powder, &c., to friendly Indians, " where to try civil actions, . " what offences may determine, " See Assistants, MA1>