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REING A COMPILATION OF THE EARLIFST LAWS AND URDERS
sº-w
OF THE
GENERAL COURT OF CONNECTICUT:
- Also, THE. -
CONSTITUTION, OR CIVIL COMPACT,
ºn most worrowwºwo,
WINDSOR, HARTFORD, AND werHERSFIELD
In 1689.
To mhich is 4DDED
SoME EXTRACTS FROM THE LAws AND JUDICIAL
PROCEEDINGS of NEW-HAVEN COLONY
comMONLY GALLED
- Bºus *ANys, \
- #artford, Ct.
PUBLISHED BY ANDRUs & JUDD
1833.
DISTRICT OF CONNECTICIT, ss.
L.S E IT REMEMBERED, That on the first day of
tº ºf e January, in the forty-sixth year of the Indepen-
tlence of the United States of America, SILAS ANDRUs, of
the said district, has deposited in this office the title of a .
book, the right whereof he claims as proprietor, in the
words following, to wit: “The code of 1650, being a com-
pilation of the earliest laws and orders of the General
Court of Connecticut. Also, the Constitution, or civil Čom-
act, entered into and adopted by the towns of Windsor,
;Iartford and Wethersfield, in 1638-9. To which is added,
some extracts from the laws and judicial proceedings of
New-Haven colony, commonly called blue laws.”
• In conformity to the act of the Congress of the United
States, entitled, “An act for the encouragement of learn-
ing, by securing the copies of Maps, Charts and Books, to
W. authors and proprietors of such copies, during the
lmes therein mentioned.”
CHARLES A. INGERSOLL,
Clerk of the District of Connecticut.
A true copy of Record, examined and sealed by me,
. CHARLES A. INGERSOLL,
Clerk of the District of Connecticut.
*
i
*
*
ADVERTISEMENT. . .
g!
-e-6-c-.
. r - * t
T111. following sheets contain an exact copy of the con
stitution, or form of civil government, as adopted by the
towns of Windsor, Hartford and Wothersfield; and the
Code of 1650, as confirmed by the General Court of Con-
necticut. 'i'hese were both taken from the original re-
cord; remaining in the office of the Śecretary for the State.
Yuth time abd accuracy were required to obtain an ex-
uct copy, oil account of the orthºgraphy: and particularly
for the reason, that the record, in some parts, was nearly
oblitérated, and in others, totally gone. Other parts of
the record, therefore, have been resorted to, and the copy
- rendevèd complete, 'ºhe ancient orthography has beon
accurately preserved, . . . . . .
... This small volume is offered to the public; without apo-
logy or comment: nor does the publisher deem it moces-
sary to detail the reasons-which induced him to undertake
d
, the publication. Only, suffice it to say, that the first re-
vision of the early laws of Connecticut, was never before
printed. Prior tº the revision of 1672, which was printed
in 1675, the laws and orders of the General Court, were
promulgated only by manuscript copies. They were re-
corded in the public records of the court, and also in the
town records, and it was made the duty of the constables
of the several towns, to publish such laws as should be
made from time to time, and, annually to réad the capital
laws at some public meeting. ... r
º'o this Code may be traced the origin of almost all our
Civil and religious institutions. Our incestors have thus,
in a great measure, transmitted to their posterity their pre-
sent customs, manners, and civil and religious opinions.
The laws were few and simple, yet they were such as the
2xigencół of the commonwealth required, und such as
may be supposed to exist in the infangy of civil goyèrn
l]]Cl]ts, . . . . . , , $ -
AN INTDEX
To THE PRINCIPAL MATTERs.
*
—a—º-º- \,
Actions Civil, proceedings on the trial of, by jury. 60, 61
court may vary the verdict of the jury. - º 61
Adultery, how punishable. *s º tºº - 28
Age and ability of persons. º gº - , 21
Arrests, the person not to be arrested or imprisoned for debt, if
sufficient estate can be found. - tº- - º 21
debtors not to remain in prison, unless estate be concealed. ib.
JAssembly General, at what times to be holden. g- 12
of what officers and persons constituted º - 12, 14
powers of e- --> - *- - 12, 14, 17
members of, when and how chosen. - - 12 .
how convened. * - s e- 14
stated and special sessions of, when called by the freemen. 14, 15
powers of such courts. - sº * 8 º' 15
Assignment in service, of poor debtors, when authorized. gº 21
JAttachment, for contempt of court, when to be issued. . . - 22
of lands or estate, when authorized. &E - º ib.
to be made for the benefit of all or any of the creditors. - ib.
if oppressive, the party to pay damages. - - 22, 23
notice to the defendant, what. , º * Gºs * : 23
Ballast, not to be taken from any shore, or thrown into any
harbour g- - " " - ... - - 23, 24
Barratry, defined and punishable. , , - tº dº 24
Beastiality, how punishable. - - º º 28
JBills, assignable. - * - " - - º 24
Births, to be recorded. • . • º --> cº 86
Blasphemy how punishable. º º º 23
Bounds of towns, to be set out. º gº tº º 25
to be renewed and perambulation performed, yearly 's - ib.
of lands of individuals, to be perambulated. " . . . . . . Ib.
Burglary, how punishable, s - § º 26
Capital Laws. * - tº- - *** - 28, 29
Casks, assize of - º º , -- '31
Cattle to be ear-marked. - - 33
Caveat may be entered with the register, against the alienation
of lands of fraudulent or insolvent debtors—effect thereof—
and mode of proceeding in such cases. - - 35, 36. 3
Children, how to be instructed. gºs cº- -> , 36, 37
when to be bound to masters. gº tº º '3;
to be bred to some employment. - * * tºs 39
hurch, members of, amenable to the civil power for ecelesiasti-
cal offences. .. * -> - 44, 45
censure of not to degrade any one from any civil dignity. '45
tºnnºr, form of oath of, prescribed. tº- 77
Common Coasters, punishable for idleness. . . . • 50
INDEX.
Common Fields, how to be improved.
provisions relating to fences and damage done therein. 34, 35
individuals may inclose their own grounds. - • * 35
Conspiracy, how punishable. . . . . º t- 29
Constables, their powers, duties and liabilities. sº 40, 41
when to be chosen and sworn. * . • - º 41
form of oath of prescribed. - sº º : 76
Constitution of civil Government, of 1638, 9. . . . . . II to 19
Øontemners of God's holy ordinances, how punishable. . . . 43, 44
Contempt, attachment for. - - - - 22
Coopers, to be provided with brands. - • r 31
Courts, disorders in, punishable. - - - , , as - 38
secrets of, reyealing of, how punishable. , - - ib.
defamation Öf, punishable. - . . . . - 66
Crimes and Punishments, Burglary how punishable: - 26
Robbery. - - - - ... • ib.
theft and pilfering. - - - - - 26, 27
jurisdiction of magistrates in case of theft. . .- - . .. 2
heresy—witchcraft—blasphemy—murder—poisoning—beastiality
Isodomy—adultery, how punishable. . . . - - 28
rape-manstealing—false witness—conspiracy—invasion and re-
bellion—cursing of parents, how punishable. - 29
Stubbornness how punishable. sº -- - 29, 30
lascivious carriage, how punishable. ' ' ' - - , ... - . ~ 30
forgery, how punishable. - - - - 47
fornication, how punishable. • - • 48
gaming how punishable. * , - ib.
Prºceedings against persons charged with capital crimes withdraw- .
iłg themselves from justice.. - -. - * 60
their withdrawing to stand instead of one witness. ... - ib.
manslaughter, what. . - - - - 66
Cruelly not to be exercised towards any beast kept for the use of
ll? all. - - . - es • 42
%rsing of Parents, how punishable. - - - 29
Deaths, to be recorded, - * - - , ...- : - 86
Delinquents, in what cases they may be arrested without war-
rant, and in what not. es º . -- - ... ' - º 40, 41
Pelinquents, cofºmitted, liable to pay costs of prosecution, and
prison fees. - - - - - - - 42
judgment against by whom to be executed. •, - 45, 46
Pºpulies from the several towns, to attend the general courts. 14
how and by whorn chosen. - ! - 15
their qualifications. - º - - - ib.
number of from each town. - - - 15, 16
their power. - - • • • -> 16
vacancies how supplied. . . - - • - ib.
meeting of, previous to any general court, and to examine e
their own elections. ' - . . - - - º ib,
Žisability of persons convicted of scandalous offences. ... - 98
wress—conveyances, deeds, promisses, obtained by, void, 41
*cclesiastical Affairs, contemiers of God's holy ordinances, how.
*\e e * º - - • . . as . y * --
punishable ls l ;- laia—all air-lable - * • - 44
INDEX.
civil-power to be exercised to enforce the observance of Chris-
* > - -
tian ordinances. - &s { * * * : * - - ib,
church censure not to degrade any man from any civil dignity. , 45
ministers of the gospel, how maintained. - . . . . . . . . , 74
Election, Court of when to be holdes, and how coustituted. 12, 14
Escheats, ". . . . - - . . . . . . - - , , , .45
Evidence, the withdrawing of criminals from justice to stand in-,
stead of one witness. ... • - . . . . . . . . . . .260 .
Ea'ecution, goods taken in executioti, to be appraised and delivered
to the creditor in full satisfaction. ... -- - º '45
how levied in ordinary cases. . . . . - - - - 63
what estate exempt from. * : * f es - ib.
Fences, between lands of adjoining proprietorshow made and
maintained, when one shall improve before another. - 32
in common fields, regulated. - ". . . . - . . 34, 35
proprietors of common fields may inclose their own lands. 35
how erected between adjoining proprietors. - - 46
Fines, how levied. - - " - “ * - 46, 63
Firs—the kindling of fires at certain seasons, Jº 47
dôuble damages recoverable for burning or destroying timber, &c. ib.
Foreigners, their land and estate liable to attachment. . . . - 22
Foreign Judgment, verdicts and sentences of courts in any of
the colonies, their credit and effect. - - - 98, 99
Forgery, how punishable. - " sº - - 47
Fornication, how punishable. - . . . . • - 48
Fowlers #jº. punishable for idleness. - - 50
Fraudulent Conveyances, void. , - . .” - , - 4.
Freemen, their qualifications, and how admitted. . . . - 12
form of oath of prescribed. " - . . º - 76.
General Assembly or Court, at what times to be holden. , - . 12
of what officers arid persons constituted. * - 12, 14
general powers of - e tºº 12, 14, 17
members of, when and how chosen. - - , - . 12, 15
how convened. , sº - - tºº - 14
' stated and special sessions of, when called by the frcemen. 14, 15
powers of such courts. - - - . . . . - 35
quorum of, how formed. tº - - - 17
Governoºr, when and how elected. - . . . . - 12, 13
eligible only once in two years. - - - - 13
qualifications of - ' ' ' ' - - - . . . i4
form of oath of, prescribed. . . º tº ... - 75
Grand Jury, when to attend the court, their number and dutics. (2
form of oath of prescribed. . - - - - 77, 76
Heresy, how punishable. - - , - - 28.
Highways, #6w repaired. -: * - - 49, #0
Horses, penalty and punishment’ſor taking them froín any com-.
mon, &c. and using them. • - , 31, 32
Hue and Cry, how put forth and prosecuted. - 40, 41
Jäleness, punishable. - - . - * - 5{}
Imprisonment for debt. gº * gºs - 21
Indians, provisions relating to their punishment for trespasses
and offences, ſor regulating the intercourse betwoen them
INDEX.
and the English and for instructing them in matters of reli-
gion and civilization. ... . - , , - - -, 51 to 57
persons joining and settling with them, punisbable. gº 53
Inn Keepers, provisions relating to their employment. 57 to 60
one inn-keeper to be provided in each town. * > 58
Inquest, Jury of to be summoned in case of untimely deaths. , 42
Jury and Jurors—jury of what number to consist. tº , 60
two th;rds of their number may return a verdict. gº 61
special verdict. ſº- gº es s gº ib.
may be returned to a second consideration. gº º ib.
when a second jury may be impannelled. • jº ib.
form of jurors oath prescribed, ' - gº - 77
Dand, bounds of, to be perambulated, and mear-stones erected
and preserved. gº - gº tº 25, 26
frce from feudal burthens.' . tº º wº gº 62
grants of to be recorded. * . • * 86, 87
Lascivious Carriage, how punishable. - tº 30
Lying, punishable. • ‘’’ = gº wº tº 64, 65
JMagistrates, when and how elected, gs º º 12, 13
JMagistrates, to be propounded at some genéral court preceeding
their election. * , tº gº aq , - *
their qualifications. sº * : * º 13, 14
defamation of, how punishable. ge gº tº º 67
form of oath oſ, prescribed. tº tº - , 75
JManslaughter, what. gºe se" gº tº ſº 66
JMan-stealing, how punishable. . . se $º tºº 29
JIarriage, publication of intention of, what. tº .* 67
persons under the government of parents, &c. not to contract
matrimony without consent, * -º * {º g 68.
to be recorded. - * * - ... - ſº 86
Jºlarshall, fees of, stated. gº *s - " - 68, 69
his duty. gºs * gº º gº 69
JMaster and Servant, persons not to entertain young men in their
families. * - tº &= Fº - . tº º 65
young unmarried men not to keep house in certain cases. 65
servants prohibited from making contracts. tº , as ib.
labourers to work the whole day. <- •. sº 66
runaway servants to be pursued. . gº gº • ib.
to serve three fold the time of their absence. - gº ib.
JMilitary Affairs, provisions relating thereto. ' - 70 to 74
Jºſurder, how punishable. se º gº * 8
Oaths, form of . gº tºº tºº. gº tº 75 to 78
Peage, how to be assorted and strung. e- - º 78
Perſunbulation of town lines, to be performed annually. - 25
of bounds of land of adjoining proprietors. * • ib,
Poisoning, how punishable. 28
Poor, provisions relating to the settlement and support of poor
persons. , as ge - ~ * gºs º
Pounds and Pound Breach, pounds to be erected and maintained. 78,79
79
cattle impounded, when to be cried. gº gº *
pound breach and rescue, punishable. * º ib.
Profane Swearing, punishable. - gº º : 80
Rape, how punishable. • ... • tº gº 29
INDEX.
* . p •e,”
*
Record, of births. '• , - - S. . . . . . º. 86
; deaths. ſº • . . - : ... - 43.” - ... ;
of marriages. sº gº - º º Ib.
º • r * - . . - - 86, 87
of remarkable passages of God’s providence. - 88
of heirs and legatees. sº - - - gº 39
of inventories.' . . - tºº - • , tº ºb.
Replevin, when to be granted. * - - * > gº 23
Fights secured. Z - - - gº , tº 18, 19
Robbery, how punishable. - * - A gº - 26
Schools common, when to be seſ up. - - * * - 91.
grammar, when to be kept. ' - - ... . . . ib.
maintenance of scholars at the University at Cambridge. il).
Secretary, form of oath of, prescribed. ' ' -. - '77
duties and fees of cº - " - as " gº 92, 93
Secrets of Court, revealing of, how punishable. gº 38
Servants and Apprentices, how to be instructed, &c. , , - 38,39
§. Board, game of, prohibited. . . sº - - , 48
Sodomy, how punishable. wº sº ** . . .28
Spiritous Liquors, sale of, without licence, prohibited. tº 99 |
Strays, how to be disposed of * + - 93, 94
Stubbornness, how punishable. tº . . . . 29, 30
Summons, in civil process, what. tº- º • 21
Swine, to be ringed and yoked, or kept in yards. cº - 95
Tawes, how levied. * - * 18, 63, 80 to 85
Testamentary Affairs, testate and intestate estates, how disposed
of. e sº *º sº - - 88 to 90
proof and authentication of wills in foreign jurisdictions, to be
allowed. * - - , - - . . 89,90
Theft, how purishable. º - . * gº 26, 27
jurisdiction of magistrates, in cases of ... • - . . . 27
Timber, not to be felled at certain seasons of the year, and pro-5. ...
visions relating to the use and transportation of it. - '95, 96
Tobacco, the use of it restricted. e-º wº- * - 96, 97
takers of punishable for idleness. - - ~. , 50
Towns, bounds of, to be set out and perambulated. - 25
Treasurer, not to deliver money from the treasury without .
voucherg. * 97, '98
Trespasses, damage done by cattle in cornfields, &c. How estimated. 97
Perdict—the court may vary the verdict of a jury, as to the
amount of darnages. * º # gº * sº 61
in foreign jurisdictions, to be allowed here, in certain cases. 98, 99
Wezatious suit, defined, and the party fineable. sº sº 42'
Watch, to bee maintained, and neglect of punishable. 99, 100
Weights and JMeasures, to be sealed. a - 69, 70
Wills, to be recorded. - tº |- es 88, 89
proof of, in foreign jurisdictions, to be allowed. - 39, 90
Wine and Strong Water, sale of without licence prohibited, 9.)
Witchcraft, how punishable. sº * • 2}}
Wolves, bounty allowed for the destruction of tº 101
Worship, Christian, neglect of, punishable. -º - 44
iſ: guards at places of ... =e * * gº ; 48
(recks, persons and goods wrecked, to be releived and preserved. 10]
}
postsºrruºrost or uses.
*}
FroRASMUCH as it hath pleased the Almighty
God, by the wise disposition of his divine
providence, so to order and dispose of
things, that we the Inhabitants and resi-
dents of Windsor, Hartford and Weathers-
feild, are now cohabiting, and dwelling in
and uppon the river of Conneticutt, and
the lands thereunto adjoining, and well
knowing when a people are gathered to-
'gether, the word of God requires, that to
meinteine the peace and union of such
a people, there should bee an orderly
and decent governement established ac-
cording to God, to order and dispose of
the affaires of the people at all seasons,
as occassion shall require; doe therefore
associate and conjoine ourselves to bee
as one publique STATE or CoMMONWEALTH;
and doe for ourselves and our successors,
and such as shall bee adjoined to us at
any time hereafter, enter into combina-
tion and confederation together, to mein-
teine and preserve the libberty and purity
12
zººl
of the Gospell of our Lord Jesus, which
we now profess, as also the discipline of
the churches, which, according to the
truth of the said Gospell, is now practis-
ed amongst us; as allso in our civill
affaires to be guided and governed ac-
cording to such lawes, rules, orders, and
decrees, as shall bee made, ordered, and
decreed, as followeth:
1. It is ordered, sentenced and decreed, That there
shall bee yearly two Generall Assembly’s or Courts,
the one the second Thursday in Aprill, the other the
second Thursday in September following: The
first shall bee called the Courte of Election, where-
in shall bee yearely chosen, from time to time, so
many magistrates and other publique officers, as
shall bee found requisite, whereof one to be chosen
Governor for the yeare ensuing, and untill another
bee chosen, and no other magistrate to bee chosen
for more then one yeare ; provided always, ther
bee six chosen besides the Governor, which being
chosen and sworne according to an oath recorded
for that purpose, shall have power to administer
justice according to the lawes here established, and
for want thereof, according to the rule of the word
of God; which choyce shall bee made by all that
are admitted Freemen, and have taken the oath of
fidelity, and do cohabit within this jurissdiction, hav-
ing beene admitted inhabitants by the major parte
of the town where they live or the major parte of
such as shall bee then present. -
2. It is ordered, sentenced, and decreed, That the
Election of the aforesaid magistrate shall bee on
13
this manner; - every person present and qualified
for choyce, shall bring in (to the persons deputed
to receive them) one single paper, with the name
of him written in it whom he desires to have. Gov-
ernor, and hee that hath the greatest number of pa-
pers shall bee Governor for that yeare; And the
rest of the Magistrates or publique officers, to be
chosen in this manner; the Secretary for the time
being, shall first read the names of all that are to bee
put to choyce, and then shall severally nominate
them distinctly, and every one that would have the
person nominated to bee chosen, shall bring in one
single paper written uppom, and hee that would not
have him chosen, shall bring in a blanke, and eve-
ry one that hath more written papers than blanks,
shall bee a magistrate for that yeare, which papers
... shall bee received and told by one, or more that
shall bee then chosen, by the Courte, and sworn
to bee faithfull therein; but in case there should
not bee six persons as aforesaid, besides the Gov-
ernor, out of those which are nominated, then hee
or they which have the most written papers, shall
bee a Magistrate or Magistrates for the ensuing
yeare, to make up the aforesaid number. x
3. It is ordered, sentenced, and decreed, That the
Secretary shall not nominate any person, nor shall
any person bee chosen newly into the Magistracy,
which was not propounded in some General Courte
before, to bee nominated the next election : And
to that end, it shall be lawſull for each of the Townes
aforesaid, by theire Deputies, to noſminate any two
whoe they conceive fitt to be put to election, and
, the Courte may add so many more as they judge
requisite. . . .
4. It is ordered, sentenced and decreed, That no
person bee chosen Gºrno, above once in two
14
years, and that the Governor bee always a member
of some approved congregation, and formerly of
the magistracy, within this Jurissdiction, and all the
Magistrates, freemen of this Commonwealth; and
that no Magistrate or other publique Officer, shall
execute any parte of his or theire office before they
are severally sworne, which shall bee done in the
face of the Courte, if they bee present, and in case
of absence, by some deputed for that purpose.
5. It is ordered, sentenced and decreed, That to
the aforesaid Courte of Election, the severall Townes
shall send theire Deputyes, and when the Elections
are ended they may proceed in any publique serv-
ice, as at other Courtes; allso, the other Generall
Courte in September, shall bee for making of lawes
and any other publique occassion, which concerns
the good of the Commonwealth.
6. It is ordered, sentenced, and decreed, That the
Governor shall, either by himselſe or by the Secre-
tary, send out summons to the Constables of every
Towne, for the calling of these two standing Courts,
one month at least before theire severall times;
And allso, if the Governor and the greatest parte
of the magistrates see cause, uppom any speciall oc-
cassion, to call a Generall Courte, they may give
order to the Secretary so to doe, within fourteene
dayes warning, and if urgent necessity, so require,
uppom a shorter notice, giving sufficient grounds
for it, to the Deputys, when they meete, or else,
bee questioned for the same ; and if the Governor
and major parte of the Magistrates, shall either neg-
lect or refuse, to call the two Generall, standing
Courts, or either of them; as allsó, at other times,
when the occassions of the Commonwealth require;
the Freemen thereof, or the major parte of them,
shall petition to them so to doe, if then it bee either
15
denied or neglected, the said Freemen or the major
arte of them, shall have power to give order to
the Constables of the severall Towns to doe the
same, and so many meete together and choose to
themselves a moderator, and may proceed to doe
any act of power which any other Generall Courte
Iſla We - -
}. It is ordered, sentenced and decreed, That af.
ter there are warrants given out for any of the said
Generall Courts, the Constable or Constables of
each Towne shall forthwith give notice distinctly to
the inhabitants of the same, in some publique As-
sembly, or by going or sending from howse to
howse, that at a place, and time, by him or them
limited and sett, they meete and assemble them-
selves together, to elect and choose certaine Dep-
uties to bee at the Generall Courte then following,
to agitate the affaires of the Commonwealth; which
said Deputies, shall bee chosen by all that are ad-
mitted inhabitants in the severall Towns and have
taken the oath of fidelity: provided, that none bee
chosen a Deputye for any Generall Courte which is
not a Freeman of this Commonwealth : The afore-
said Deputyes shall bee chosen in manner follow-
ing; Every person that is present and qualified as
before expressed, shall bring the names of such
written in severall papers, as they desire to have
chosen, for that employment; and these three or
foure, more or less, being the number agreed on to
bee chosen, for that time, that have greatest num-
ber of papers written for them, shall bee Deputyes
for that Courte; whose names shall be indorsed on
the backside of the warrant and returned into the
Courte; with the Constable or Constables hand un-
to the same.
8. It is ordered, sentenced and decreed, That
16
Wyndsor, Hartford and Weathersfeild, shall have
power, each Towne, to send feure of theire Free-
men as theire Deputyes, to every Generall Courte,
and whatsoever other Townes shall bee hereafter
added to this Jurissdiction, they shall send so many
Deputyes, as the Courte shall judge meeté: a rea-
sonable proportion to the number of Freemen, that
are in the said Towns, being to bee attended there-
in ; which Deputyes shall have the power of the
whole Towne, to give theire voates, and allowance
to all such lawes and orders, as may bee for the
publique good, and unto which the said Towns are
to bee bound: And it is allso ordered, that if any
Deputyes shall bee absent uppom such occassions,
as the Governor for the time being, shall approve
of, or by the Providence of God, shall decease this
life within the adjournment of any Courte, that it
shall bee at the libbertye of the Governor to send ,
forth a warrant, in such case, for supply thereof up-
pon reasonable warning. -
9. It is ordered, sentenced and decreed, . That the
Deputyes thus chosen, shall have power and libber-
ty, to appoint a time and place of meeting togeth-
er, before any Generall Courte, to advise and con-
sulte of all such thinges as may concerne the good
of the publique ; as allso to examine theire owne
Elections, whether according to the order ; and iſ
they or the greatest parte of them, finde any elec-
tion to be illegall, they may seclude such for pres-
ent, from theire meetinge, and returne the same and
theire reasons to the Courte; and if it proove true,
the Courte may ſyne the party or partyes so intru-
ding, and the Towne if they see cause, and give
out a warrant to goe to a new clection in a legall
way, either in parte or in whole. Aliso the said
Deputyes shall have power to ſyne any that shall
17
bee disorderly at theire meeting, or for not coming
in due time or place, according to appointment, and
they may returne the said ſyne into the Courte, if
it bee refused to bee paid, and the Treasurer to
take notice of it, and to estreite or levye as hee doth
other fynes. 4
10. It is ordered, sentenced and decreed, That ov-
ery generall Courte (except such as through neg-
lect of the Governor and the greatest parte of Ma-
gistrates, the Freemen themselves doe call,) shall
consiste of the Governor or some one chosen to
moderate the Courte, and ſoure other Magistrates
at least, with the major parte of the Deputyes of
the several Towns legally chosen, and in case the
Freemen or the major parte of them, through neg-
lect dr refusall of the Governor and major parte of
the Magistrates, shall call a Courte, it shall consiste
of the major parte of Freemen, that are present, or
their Deputyes, with a moderator chosen by them,
in which said Generall Courts, shall consiste the Su-
preme power of the Commonwealth, and they one-
ly shall have power to make law.cs and repeale
them, to graunt levycs, to admitt of Freemen, dis-
pose of lands undisposed of, to severall Towns or
persons; and allso, shall have power to call either
Courte or Magistrate, or any other person whatso-
ever into question, for any misdemeanor, and may
for such cause, displace, or deale otherwise, accord-
ing to the nature of the offence; and allso may deale
in any other matter that concernes the good of this
Commonwealth, except election of Magistrates,
which shall bee done by the whole body of Ffree-
men ; in which Courts the Governor or Moderator
shall have the power to order the Courte, to give
libbertye of Speech, and silence unreasonable and
disorderly speaking, to pº, all things to voate, and
0) i
18
Deputy did sitt in Courte.
A-
in case the voate bee equall, to have the casting
voice: But none of these Courts shall bee adjourn-
ed or dissolved without the consent of the major parte
of the Courte. Provided, notwithstanding, that the
Governor or Deputy Governor, with two Magistrates
shall have power to keepe a Perticular Courte accord:
ing to the lawes established: And in case the Gover-
nor or Deputy Governor bee absent, or some waysor
other incapable either to sitt or to bee present; if
three Magistrates meete and chuse one of them-
selves to bee a Moderator, they may keepe a Per-
ticular Courte, which to all ends and purposes shall'
bee deemed as legall as though the Governor or
11. It is ordered, sentenced, and decreed, That
when any Generall Courté; uppom the occassions
of the Commonwealth, have agreed uppom any
summ or summs of monye, to be levyed uppon the
severall Townes within this Jurissdiction, that a
Comittee bee chosen, to sett out and appoint, what
shall bee the proportion of every Towne to pay of
the said levye; Provided the Comittee bee made
up of an equall number out of each Towne.(1) .
- . \ - - * +
Fforasmuch as the free fruition of such libberties,
immunities, priviledges, as humanity, civility,
and Christianity call for, as due to every man in
his place and proportion, without impeachment
and infringement, hath ever beené and ever will
bee the tranquillity and stabillity of Churches and,
Commonwealths; and the dehyall or deprivall
thereof, the disturbance, if not ruine of both : .
12. It is thereof ordered by this Courle, and aw-
(1)The eleven preceding sections were “voated” or enact-
ed at a General Courte, held January 14th, 1638; and the
following provision was added at the revision in 1650,
19
thority thereof, That no man's life shall bee taken
away; no man's honor or good name shall be stain-
ed; no man's person shall bee arrested, restreined,
bannished, dismembred, nor any way punnished ; no
man shall bee deprived of his wife or children; no
man’s goods or estate shall bee taken away from
him nor any ways indammaged, under colour of
law, or countenance of authority; unless it bee by
the vertue or equity of some express law of the
Country warranting the same, established by a
Generall Courte and sufficiently published, or in
case of the defect of a law, in any perticular case,
by the word of God. &
@@tº Qt. Q9&Q,
-eeeee-
ABILITY.
It is ordered by this Courte, that all persons of
the age of twenty-one years, and of right under-
standing and memorye, whether excommunicated,
condemned or otherw, ys, have full power and lib-
berty to make their Wills, Testaments, and other
lawfully Alicnations of their goods and estates, and
may bee plaintiffs in a civill Case.
1 Eleusive excivsrat. Vulgö Eleusi mutavit J. Gron
vius, figi, rmantgue Flor. et Reus isc.in quibus mendo sò
ACTIONS. #
Rhenanum du centa millia praeferunt. Josephus, Zonaras
It is further ordered and decreed, That in all Ac-
tions brought to any Courte, the Plaintiff ahall have
libberty to withdraw his Action, or to be nonsuted
before the Jury have given in theire verdict, in
which case, hee shall always pay full costs and
charges to the defendant, and may afterwards re-
new his sute at another Courte, the former nonsute
being first recorded. *
21
AGE.
It is ordered by this Courte and the authority there-
of, that tile Age for passing away of lands or such
kinde of hereditaments, or for giving of voates, or
-sentences in, any Civill Courts or Causes, shall bec
twenty and one yeares; but in case of choosing of
Guardians, fourteene years. -
ARREST.S.
It is ordered, and decreed by this Court and aw-
thority thereof, That no person shall bec Arrested
or imprisoned for any debt or fyne, if the law can
find any competent means of satisfaction otherwise,
from his estate, and if not, his person may bec ar-
rested and imprisoned, where hee shall bee kept at
his ownc. charge, not the plaintiffs, till, satisfaction
bee made, unless the Courte that had cognicance of
the cause, or some superior Courte, shall otherwise
determine. Provided, nevertheless, that no man’s
person shall bee kept in prison for debt, but when
there appears some estate which hee will not pro-
, duce; to which end, any Courte or Commissioners
authorized by the Generall Courte, may administer
an oath to the partye, or any others suspected to
bee privy in concealing his estate; hee shall sat-
isſye by service, if the creditor require it; but shall
not bee sould to any, but of the English nation.
ATTACHEMENT.
It is ordered, sentenced, and decreed, That the or-
dinary summons or process for the present, within
this, Jurissdiction, and untill other provision made
to the contrary, bee a warrant, fairely written, un-
22
der some Magistrate or Magistrates hand or hands,
mentioning the time and place of appearance, and
if the said partye or partyes do not appeare ac-
cording to the said warrant or summons, uppon
Affidavitt first made, of the serving of the said
person or persons, the Courte' shall graunt an at-
tachement against the person or persons delin-
quent, to arrest or aprehend the said person’ or
persons for his or theire willfull contempt, and
in case no sufficient securitye or bayle bee ten-
dred, to imprison the said partye or partyes re-
turneable the next Courte, that is capeable to
take cogniscance of the said business in question,
and uppon returne of the said Attachement, the
said Courte to doe therein, as according to the
laws and orders of this Jurissdiction, and in that
case allso, the party delinquent to bear his owne
charges. f -
It ws allso ordered, That attachements to seize
uppon any man’s lands or estate bee onely graunt-
ed for, or against, such goods as are fforreigner’s,
and doe not dwell or inhabitt within this Juriss-
diction : or, in case uppon credible information
it appeare, that any inhabitant that is indebted,
or 'ingaged, go about to convey away his estate
to defraud his creditors, or to convoy away his
person out of this Jurissdiction, so as the process
of this Jurissdiction may not bee served uppon
his person, in that or any other just cases, there
may bee Attachement, or Attachements graunted
uppon the limitations expressed ; provided, that
in all cases of Attachements, all or any of the
creditors have libberty to declare uppon the said
Attachement, if hee, come in at the return of the
said Attachement; provided allso, that if any At-
tachement, laid uppon any man's estate uppon a
* W
23
pretence of a great summ; and if it bee not prov-
ed to bee due, in some neare portion to the summ
challenged, and mentioned in the Attachement,
then the security given shall bee lyable to such
dammages as are susteined thereby. *
It is further ordered and decreed by this Courte,
That whosoever takes out an Attachement against
any man’s person, goods, chattles, lands or heredit-
aments, sufficient security and caution shall bee
given by him to prosecute his action in the next
courte, and to answer the defendant such costs
as shall bec awarded to him by the Courte; and
in all Attachemehts of goods, or lands, legall notice
shall bee given unto the partye, or left in writ-
ing at his howse or place of usual abode, if hee
live within this Jurissdiction; otherwise, his sute
shall not proceed : And it is further ordered and
declared, That every man shall have libberty to re-
plevye his cattle or goods impounded, distreined,
seized or extended (unless it bee uppon execution
aſter judgement, and in payment of ſynes :) provid-
ed in like manner hee put in good securitye to pros-
ecute his replevye, and to satisfie such dammages,
demaunds, or ducs as his adversary shall recover
against him in law.e. • ,
BALLAST.
It is ordered by this Courte and Authority thereof,
That no ballast shall bee taken from any shoare in
any Towne within this Jurissdiction by any person
whatsoever, without allowance under the hands of
those men that are to order the affaires in each
Towne, uppon the penalty of six pence for every
shovell full so taken ; unless such stones as they had
laid there before : It is allso ordered by the author-
24
ity aforesaid, That no shipp nor other vessell shall
cast out any Ballast in the channell or other place
inconvenient, in any harbor within this Jurissdic-
tion; uppom the penalty of Ten Pounds.
BARRATRY.
It is ordered, decreed, and by this Courte declared,
That, if any man bee proved and adjudged a com-
mon Barrater vexing others with unjust, frequent,
and needless sutes ; it shall bee in the power of
Courtes, both, to reject his cause, and to punnish
him for Barratry.
BILLS.
It is ordered by the authority of this Courte; That
any Debt or Debts due uppon Bill or other speciall-
ty, assigned "to another, shall bee as good a debt,
and estate, to the assignee, as it was to the assigner
at the time of its assignation, and that it shall bee
lawfull for the said assignee, to sue for and recover.
the said Debt due uppon Bill and so assigned, as
fully as the originall Creditor might have done :
provided the said assignment be made uppon the
backside of the Bill or speciallty, not excluding
any just or cleare interest any man may have in
any Bills or specialtyes made over to them by Let-
ters of Attorneye, or otherwise. f
- BOUNDS
OF TOWNES AND PERTICULAR LANDS.
Fforasmuch as the Bounds of Townes and of the
lands of perticular persons are carefully to bee
meinteined, and not without great danger to bee
%5
removed by any ; which notwithstanding, by de-
ficiency and decay of markes, may at unawares
bee done, whereby great jealousies of persons,
trouble in Townes, and incumbrances in Courtes,
doe often arise, which by due care and meanes
might pe prevented: . . . .
It is therefore ordered by this Courte and authori-
ty thereof, That every Towne shall sett out their
bounds within twelve, months after the publishin
hereof, and after their Bounds are graunted, º
that when theire Bounds are once sett out, once in
the yeare, three or more persons in the Towne ap-
pointed by the Select men, shall appointe with the
adjacent Towncs, to goe the Bounds betwixt theire
said Townes, and renew their markes, which
markes shall bec a great heape of Stones, or a trench
of six foott long and two foott broad, the most an-
\
cient Towne (which for the River is determined
by the Courte to bee Weathersfeild,) to give notice
of the time and place of meeting for this perambu-
lation, which time shall bee in the first or second
month, uppon paine of five pounds for every Towne
that shall neglet the same ; provided, that the three
men appointed for perambulation shall goe in theire
severall quarters, by order of the select men, and at
the charge of the severall Townes:
And it is further ordered, That if any perticular
proprietor of lands lying in common with others
shall refuse to goe by himselfe or his assigne, the
Bounds betwixt his land and other mens, once a
yeare, in the first or second month, beeing request-
ed thereunto, uppon one weekes warning, hee shall
forfeit for every day so neglecting, ten shillings,
halfe to the party mooving thereto, the other halfe
to the Towne; and the owners of all impropriated
- 3 * .*
f
26
grounds shall Bound every perticular parcell there-
of with sufficient meare-stones and shall preserve
and keepe them so, uppon the former penalty.
BURGLARY AND THEFT.
Fforasmuch as many persons of late yeares have
beene and are apt to be injurious to the goods
and lives of others, notwithstanding 'all care and
meanes to prevent and punish the same ;
It is therefore ordered by-this Courie and authority
thereof, That if any person shall committ Burglary
by breaking up any dwelling howse, or shall robb any
person in the feild, or highwayes, such a person so
offending, shall, for the first offence, bee branded on
the forehead with the letter (B); if hee shall of.
fend in the same kinde, the second time, hee shall
bee branded as before, and allso, bee severely
whipped ; and if hee shall fall into the same offence
the third time, hee shall bee put to death as being in-
corrigible ; and if any person shall committ such
Burglary, or rob in the feilds or howse on the Lords
day, besides the former punishments, hee shall for
the first offence have one of his eares cutt of, and
for the second offence in the same kinde, he shall
looss his other eare in the same manner; and if hee
fall into the same offence the third time, hee shall
bee put to death. -
Secondly, for the prevention of pillſting and Theft.
It is ordered by this Courte and authority thereof,
That if any person, whether children, servants or
others, shall bee taken or known to robb any orch-
yards or garden, that shall hurte or steale away
| 27
any grafts or fruite trees, fruits, linnen, woollen, or
any other goods left out in orchyards, gardens, back-
sides, or other place, in howse or feilds, or shall
steale any wood, or other goods from the water side,
from mens dores or yards, hee shall forfeitt treble
dammage to the owners theréof, and such seveere
punnishment as the Courte shall thinke meete.
And forasmuch as many times it so falls out, that
small thefts and other offences of a criminall na-.'
ture are committed, both by English and Indians
in Townes remote from any prison, or other fitt
place, to which such malefactors may bee com-
mitted till the next Courte; ~
It is therefore hereby ordered, That any Magis-
trate uppom complaint made to him, may heare, and
uppon due proofe determine, any such small offen-
ces of the aforesaid nature, according to the lawes
heere established, and give warrant to the Consta-
ble of that Towne where the offender lives, to lev-
ye the same: provided the damage or fyne excecd
not forty shillings; provided allso, it shall bee law-
full for either partye to appeal to the next Courte
to bee holden in that Jurissdiction, giving sufficient
caution to prosecute the same to effect, at the said
Courte; and every magistrate shall make returne
yearly to the Courte of the Jurissdiction wherein.
hee liveth, of what cases he hath so ended ; and
allso the Constable, of all such fynes as they have
received, and where the offender hath nothing to
satisfie, such Magistrate may punnish by stocks or
whipping as the cause shall deserve. y
It is allso ordered that all servants or workemen.
imbeazling the goods of theire masters, or such as
sett them on worke, shall make restitution and bee
lyable to all lawes and penaltyes, as other men.
. ! 28 s t
CAPITALL LAWES.
1. If any man after legall conviction, shall have
or worship any other God but the Lord God, hee
shall bee put to death. Deut. 13.6—17. 2.-Ex-
odus 22. 20. - % t
2. If any man or woman bee a Witch, that is,
hath or consulteth with a familliar spirritt, they,
shall bee put to death. Exodus 22. 18.-Levit. 20.
27.-Deut. 18. 10, 11. - . . . . .
3. If any person shall blaspheme the name of
God the father, Sonne or holy Ghost, with direct,
express, presumptuous or, highhanded blasphemy,
or shall curse in the like manner, hee shall bee put
to death. Lev. 24. 15, 16. . . . -
4. If any person shall committ any willfull mur-
ther, which is manslaughter committed upport mal-
ice, hatred or cruelty, not in a man's necessary and
just defence, nor by mere causualty against his will,
hec shall be put to death. Exo. 21. 12, 13, 14.—
Numb. 35. 30, 31. - . .
5. If any person shall slay another through guile,
either by poisonings or other such Devellish prac-
tice, hee shall bee put to death. Exo. 21. 14. -
6. If any man or woman shall lye with any beast
or bruite creature, by carnall copulation, they shall
surely bee put to death, and the beast shall be slaine
and buried. Levit. 20. 15, 16. ,
7. If any man lyeth with mankind as hee lyeth.
with woman, both of them have committed abomi-
nation, they both shall surely be put to death.-
Levit. 20, 18. -
8. If any person committeth adultery with a mar
fied or espoused wife, the Adulterer and the Adul-
teress shall surely bee put to death. Levit. 20. 10,
and 18. 20,-Deut. 22. 23, 24. -
29
9. If any man shall forcibly, and without consent,
Ravish any maide, or woman that is lawfully mar-
ried or contracted, hee shall bee putt to death.--
Deut. 22. 25.
10. If any man stealeth a man or mankinde, hee
shall bee put to death.--Exodus 21. 16. -
11. If any man rise up by false wittness, witting-
ly and of purpose to take away any man’s life, hee
shall be put to death.--Deut. 19. 16. 18. 19.
12. If any man shall conspire or attempt any in-
vasion, insurrection or rebellion against the Com-
monwealth, hee shall bee put to death.
13. If any Childe or Children above sixteene
years, old and of suffitient understanding, shall
Curse or smite their naturall father or mother, hee
or they shall bee put to death; unless it can bee
sufficiently testified that the parents have beene
very unchristianly negligent in the education of such
children, or so provoke them by cxtreme and cruell
correction that they have beene forced thereunto to
preserve themselves from death, maiming.—Exo.
21. 17.—Levit. 20.—Ex. 21. 15.
14. If any man have a stubborne and rebel-
lious sonne of sufficient yearcs and understand-
ing, viz. Sixteene yeares of age, which will not
obey the voice of his father or the voice of his
mother, and that when they have chastened him
will not hearken unto them ; then may his fia-
ther and mother, being his naturall parents, lay
hold on him and bring him to the Magistrates
assembled in Courte, and testifie unto thern, that
theire sonne is stubborne and rebellious and will
mot obey theire voice and Chastisement, but lives in
Sundry notorious Crimes, such a sonne shall bee put
to death. Dut. 21. 20, 21.
| 3%
30
It is allso ordered by this Courte, and authority
thereof, That whatsoever Childe or servant within
these Libberties, shall bec convicted of any stub-
borne, or rebellious carriage against their parents
of governors, which is a ſorrunner of the aforemen-
tioned evills; the Governor or any two Magistrates
have libberty, and power from this. Courte, to com-
mitt such person or persons to the House of Cor-
rection ; and there to remaine under hard labour,
and severe punnishment so long as the Courte, or
the major parte of the Magistrates, shall judge
mcele. , • * . . . . .
- |
!
/
And whereas frequent experience, gives in Sad cv-
idence of severall other wayes of uncleanes, and
lascivious carriages, practised amongst us; where-
unto in regarde of the variety of circumstances,
perticular and express law.cs and orders cannott
suddenly be suted; this Courte cannott but looke
upon evills in that kinde, as very pernitious and
destructive to the wellſarc of this Commonwealth :
And, doe judge, that severe and sharpe punnish-
ment, should bee inflicted upport such delinquents :
And as they doe approve of what hath beene al-
ready done, by the perticular Courte, as agreeing
with the Generall power formerly graunted ; so
they doe hereby confirme the same power to the
perticular Courte; whoe may proceed either by
fyne, committing to the house of correction, or
other corporall punnishment, according to theire
discretion; desiring such seasonable and exempla-
ry executions, may bee done upon offenders in that
kinde, that others may heare and feare. e
31
CASCK AND COOPER.
. It is ordered by this Courle and fluthority there3ſ.
That all Casck used for Tarº or other commodityes
to bee put to sale, shall bee assized as followeth :
viz: Every Casck, commonly called barrills, or
halfe-hogs heads, shall contain, twenty eight gallons
wine measure, and other vessells proportionable;’
and that fitt persons shall be appointed from time
to time, in all placºss needſul, to gage all such ves-
sells or Cascks, and such as shall be found of due
assize shall be marked with the gagers marke and
no other, who shall have for his paines foure pence
for every Tunn, and so proportionably. ‘. . . . .
And, it is also ordered, that every Cooper shall
have a distinct brand-marke, on his owne Casck,
upon paine of forfeiture of Twenty shillings, in ei-
ther case, and so proportionably for lesser vessells.
‘CATTLE, CORNEFELDS, FFENCES. -
Fforasmuch as complaints have beene made of a
very evill practise of some disordered persons in
the country whoe use to take other mens horses,
sometimes upon the Commons, sometimes out of
theire, owne grounds, common feilds, and inclos-
ures, and ride them at theire pleasure, without
any leave or privity of theire owners: '…' .
- • - - . . . . . . . . . . . . . s: ſ , . . . . . .
It is therefore ordered and Enacted, by the au;
thority of this Courte, that whosoever, shall take
any other mans Horse, Mare, or, Drawing Beast,
out of his inclosure, uppopº any Common, out of
any common-feild or els ey here; E xcept su éhºbee
taken dammage-faisant, and disposed of according to
32 -
law, without leave of the owners, and shall ride or
use the same, hee shall pay to the partye wronged,
treble dammages, or if the complainant shall desire
it, then to pay onely ten shillings, and such as have
not to make satisfaction, shall bee punnished by
whipping, imprisonment, or otherwise, as by law
shall be adjudged ; And any one magistrate may
heare and determine the same. -
It is allso further ordered, That where lands lye in
common, unſenced ; if one shall improve his lands,
by fencing in severall, and another shall not ; hee
whoe shall so improve, shall secure his land against
other mens cattle, and shall not compell such as
joine uppon him, to make any fence with him ; ex-
cept hee shall allso improve in severall, as the other
doth : And where one man shall improve, before
his neighbour, and so make the whole fence, if after
his said neighbour shall improve allso, he shall
then satisfie for halfe the others fence against him,
according to the present value, and shall meinteine
the same : And if either of them shall after lay open
his said feilds (which none shall doe without three
months warning) hee shall have libberty, to buy the
dividend fence, payinge according to the present
valuation, to bee sett by two men, chosen by either
party one : The like order shall bee, where any
man shall improve land, against any Towne Com-
mon; , provided, this order shall not extend to
house lotts, not exceeding ten acres; but, if in such,
one shall improve, his neighbour shall be compella-
ble to make and meinteine one halſe of the fence
between them, whether he improve or not.
Provided allso, that no man shall bee lyable to
satisfie for dammage done in any ground not suffi-
tiently fenced; except it shall bee for dammage
&ne by Swyne under a yeare old, or unruly Cattle,
- - - - .\.
33
which will not be restreined by ordinary fences, or
where any man shall put his Cattle, or otherwise
voluntarily trespass uppon his neighbours grºund:
And if the partye damnified find the Câttle dam-
mage-faisant, hee may impound or otherwise dispose
of them. (1) -
CATTLE TO BE MARKED. .
Ffor the preventing of differences that may arise
&c. in the owning of cattle, that bee lost or stray
... away : - . . . . . . . . . . . .
It is ordered by this Courte, that the owners of
any Cattle within this, Jurissdiction, shall eare
marke or brand all theire Cattle and swyne, that
are, above halfe a yeare old (except horses), and
that they cause theire severall markes to bee regis-
tred in the towne booke; and whatsoever cattle
shall be, found unmarked, after the first of July
next, shall, forfeitt five shillings a head, whereof
two shillings sixpence to him that discovers it, and
the other to the country. - • . . -
COMMON FFEILDS
Whereas the condition of these severall plantations
in these beginnings, wherein we are, is such, that
necessity constraines to improve much of the
ground belonging to the severall townes, in a
common way, and it is observed, that the pub-
lique and generall good (which ought to bee at:
tended in all such improvements as are most
(1) At a session of the General Court, in October 1652,
it was declared and explained, that this order did not
reach the lands on the east side of the great river.
34
propper to them, and may best advance the same)
receives much prejudice through want of a pru-
dent ordering and disposing of those severall
common lands, so as may best effect the same :
It is ordered by this Courte and authority there-
of, That each towne shall chuse from among them-
selves, five able and discreet men, whoe, by this
order, have power given them, and are required, to
take the common lands belonging to each of the
severall townes respectively, into serious and sadd .
consideration, and after a thorough disgesting of
theire owne thoughts, sett downe under theire
hands, in what way the said lands may, in theire
judgments, bee best improved for the common good;
And whatsoever is decreed and determined by the
saide five men in each towne, or any three of them,
concerning the way of improvement of any such
lands, shall bee attended by all such persons that
have any propriety or interest in any such lands so
judged. .
And whereas also, much dammage hath arisen, not
onely from the unrulines of some kinde of cattle,
but also from the weaknes and insufficiency of
many fences, whereby much variance and differ-
ence hath followed, which, if not prevented for
the future, may bee very prejuditiall to the pub-
lique peace ; -
It is likewise, therefore ordered, that the said five
men, so chosen, or at least, three of them, shall sett
downe what fences shall bee made in any common
grounds, and after they are made, to cause the same
to bee viewed, and to sett such fynes as they judg:
meete, upon any as shall neglect, or not duely at
35
tend theire order therein; and what fences are
made and judged sufficient by them, whatsoever
dammage is done by hoggs or any other cattle, shall
bee paid by the owners of the said cattle. And the
severall townes shall have libberty once every
yeare, to allter any three of the former five, and to
make choyce of others in theire roome: It being
provided, that any perticular man or men shall have
libberty to inclose any of theire perticular grounds,
and improve them according to theire owne discre-
tion, by mutuall agreement, notwithstanding this
order, -
**
CAVEATS ENTREſ).
Whereas it appears, that divers, to defeat and
defraud theire creditors, may secreetly and under
hand, make bargaines and contracts of theire lands,
lotts and accommodations, by means whereoſ, when
the creditor thinkes hee hath a meanes, in due or-
der of law, to declare against the said lands, lotts
and accommodations, and so recover satisfaction
'for his debt, hee is wholly deluded and frustrated,
which is contrary to a righteous rule, that every
man should pay his debt with his estate, bee it in
what it will bee, either reall or personall ; this
courte taking it into consideration, doe order, sen-
tence and decree, that if any creditor, for the fu-
...ture, doe suspect any debtor, that hee may prove
non-solvent in his personall estate, hee may re-
paire to the register or recorder of the-plantation
where the lands, lotts or accommodations lyes, and
enter a caveatt against the lands, lotts and accom-
modations of the said debtor, and shall give to the
said register or recorder ſoure pence for the entry
thereof; and the said creditor or creditors shall take
36
out summons against the said debtor, and in due
form” of law, the next perticular courte, eitherfor
thé whole colony, or for the perticular plantation
where the said lands, lotts or accommodations lyes,
or the next courte ensuing, declare, against the said
debtors lands, lotts and accommodations: And so
if the creditor recover, hee may enter a judgement
uppon the Said lotts, lands and accommodations, and
take out an extent against the said land, directed to
a knowne officer, whoe may take two honest and
sufficient men of the neighbours, to apprize the said
lands, lotts, and accommodations, cither to be sould
out right, if the debtor so require, or sett a reason-
able rent uppoin the same, untill the debt bee paid,
and deliver the possession thereof either to the
creditor or creditors, his or theire assignee or as-
signs, or any othér; and what sale or sales, lease or
leases tire said officer makes, being orderly record-
ed, according to former order of recording of lands,
shall be äs legall and byriding, to all intents and pur-
•poses, as though the debtor himselfe had done the
same: Provided, that if the said debtor can then
presently procure a chapman or tennant that can
give to the creditor of creditors, satisfaction to his
brº theire content, hee shall have the first refusing
thereof: Allso it is declared, that hee which first
enters caveatts as above said, and his debt, being
due at his entering the said caveatt, shall be first
paid; and so every creditor, as hee enters his ca-
weatt, and his debt becomes due, shall bee orderly.
satisfied; unless it appears at the next courte, the
debtors lands, lotts and accommodations prove in-
sufficient to pay all his creditors, then every man
to have a sutable proportion to his debt out of the
same ; and yet notwithstanding every man to re-
ceive his parte according to the entry of his cave-
t
\
37
att; yet this is not to seclude any creditor to recov-
er other satisfaction, either uppon the person on
estate of the said debtor, according to lawe and
custome of the colony: As allso, it is further de-
creed, that what sale or bargaine soever, the debtor
shall make concerning the said lotts, lands and
accommodations, after the entring of the said cave-
att, shall be voide as to defraude the said creditors.
It is allso further explained and declared, That if
the said debtor bee knowne to bee a non-solvent
man before the first caveatt entred against the
said lotts, lands and accommodations, and the same
appeare at the next perticular courte, then the
courte shall have power to call in all the creditors
in a shorte time, and sett an equall and indifferent
way how the creditors shall bee paid out of the said
lotts, lands and accommodations; otherwise, if the
said debtor proove insolvent after the first caveatt
entred, then this order to be dulye observed ac-
cording to the premisses, and true intent and mean- .
ing thereof. *
It is allso furtner declared, and eaſplained, That
the said recorder or register of the said caveatt
shall, the next perticular courte, as aforesaid, re-
turne the said caveatts that are with him, at which
time and courte, the enterers of the said caveatts
shall be called forth to prosecute the same the next
perticular courte following; and if the enterer of
the said caveatts fail to prosecute according to this
order, the register or recorder of the said caveatt or
caveatts, shall put a vacatte upon the said caveatt
or caveatts, which shall be invalid or voide to hold
the said lotts, lands and accommodations aforesaid.
38
DISSORDER IN COURTE.
It is ordered by this courte, that whosoever doth
dissorderly speake privately, during the sitting of
the courte, with his neighbour, or two or three to-
gether, shall presently pay twelve pence, if the
courte so thinke meett. - , s:
SECREETS IN COURTE.
It is ordered and decreed, That whatsoever mem-
ber of the generall courte, shall reveale any secreett
that the courte enjoynes to be kept secreett, or shall
make knowne to any person what any one member
of the courte, speakes concerning any person or
business, that may come into agitation, in the courte,
shall forfeitt for every such fault, ten pounds, and
bee otherwise dealt withall, at the discretion of the
courte; and the secretary is to read this order at
the beginning of every generall courte. -
CHILDREN.
Fforassmuch as the good education of children is of
singular behoofe and benefit to any common-
wealth; and whereas many parents and masters
are too indulgent and negligent of theire duty in
that kinde : * . . - .
It is therefore ordered by this courte, and author-
ity thereof, That the selectmen of every towne in
the severall precincts and quarters where they dwell,
shall have a vigilent eye over , theire brethren
and neighbours, to see, first, that none of them shall
suffer so much barbarisme in any of their fam-
39
ilyes, as not to indeavor to teach by themselves
or others, theire children and apprentices, so much
learning, as may inable them perfectly to read the
English tongue, and knowledge of the capitall lawes,
uppon penalty of twenty shillings for each neglect
therein; , allso, that all masters of familyes, doe,
once a week, at least, catechise theire chilldren and
servants, in the grounds and principles of religion,
and if any bee unable to doe so much, that then, at
the least, they procure such children or apprenti-
ces to learne - some shorte Orthodox catechisme,
without booke that they may bee able to answer to
the questions that shall bee propounded tâ them out
of such catechismes by theire parents or masters,
or any of the selectmen, where they shall call them
to a tryall of what they have learned in this kinde ;
and further, that all parents and masters doe breed
and bring up theire children and apprentices in
some honest lawfull calling, labour or imployment,
either in husbandry or some other trade profitable
for themselves and the commonwealth, if they will
not nor cannott traine them up in learning, to
fitt them for higher imployments; and if any of
the selectmen, after admonition by, them given
to such masters of familyes, shall finde them still
negligent of theire duty, in the perticulars afore-
mentioned, whereby children and servants become
rude, stubborne and unruly, the said selectmen,
with the helpe of two magistrates, shall take such
*-
children or apprentices from, them, and place them
with some masters for years, boyes till they come
to twenty-one, and girles eighteene years of age
compleat, which will more strictly looke unto and
force them to submitt unto governement, according
to the rules of this order, if by faire meanes and
former instructions they will not bee drawne unto it.
40
CONSTABLEs.
It is further ordered by the authority aforesaid, that
any person tendered to any constable of this juriss-
diction, by any constable or other officer belonging
to any foreinge jurissdiction in this, country, or by
warrant from any such authority, such shall present-
ly bee received and conveyed forthwith, from con-
stable to constable, till they shall bee brought unto
the place to which they are sent, or before some
magistrate of this jurissdiction, whoe shall dispose
of them, as the justice of the cause shall require;
and that all hue and cryes shall be duely received
and dilligently pursued to full effect. . . . 4
It is ordered by the authority of this' Courte, That
évery constable within one jurissdiction shall; hence-
forth, have full power to make, signe and put forth,
persuits or hue and cryes, after murthers, maleſac-
tors, peacebreakers, theeves, robbers, burglarers,
and other capitall offenders, where no magistrate is
neare hand; allso, to apprehend, without warrant,
such as are overtaken with drinke, swearing, Sa-
boath-breaking, slighting the ordinances, lying, va-
grant persons, night-walkers, or any other that shall
offend in any of these : Provided, they bee taken
in the manner, eitner oy sighte of the constable, or
by present information from others; as allso, to
make search for all such persons, either on the sa-
boath day, or other, when theire shall bee occasion,
in all howses lycenced to sell either beare or wyne,
or in any other suspected or dissordered places,
and those to apprehend and keepe in safe custody,
till opportunity serves to bring them before one
of the next magistrates, for further examination; i.
provided, that when a constable is imployed by any
.41
of the magistrates for apprehending of any person,
hee shall not doe it without warrant in writing; and
if any person shall refuse to assiste any constable
in the execution of his office, in any of the things
aforementioned, being by him required thereto,
they shall pay for neglect thereof, ten shillings to
the use of the country, to bee levyed by warrant
from any magistrate before whom any such offend-
or shall be brought; and if it appeare, by good tes-
timony, that any 'shall willfully, obstinately or con-
temptuously, refuse or neglect to assiste any consta-
ble, as is before expressed, hee shall pay to the, use
of the country, forty shillings; and if any magistrate
or constable, or any other, uppon urgent occasions,
shall refuse to doe their best indeavor in raising
and prosecuting hue ond cryes, by foott, and if need
bee, by horse, after such as have committed capitall
crimes, they shall forfeitt, for the use aforesaid, for
every such offence, forty shillings. .
And it is allso ordered, That the constables in
each towne, shall be chosen from yeare to yeare,
before the first of March, and sworne to that office
the next courte following, or by some magistrate or
magistrates. . . .
CONVEYANCES FRAUDULENT.
It is ordered by this Courte, and authority thereof,
That all covenous or fraudulent alienations or con-
veyances of lands, tenements or any hereditaments,
shall bee of no validity to defeat any man from due
debts or legacyes, or from any just title, clayme or
possession of that which is so fraudulently convey-
ed; and that no conveyance, deed or promise
whatsoever, shall bee of validity, if it bee gotten
by illegal violence, imprisonment, threatening, or
any kind of forcible compulsion, called dures.
42
CRUELTY.
It is ordered by this Courte, and authority thereof,
That no man shall exercise any tiranny or cruelty
towards any brute creatures, which are usually kept
for the use of man. - *
DAMMAGES PRETENDED.
It is ordered by this Courte, That no man in any
Sute or action against another, shall falsely pretend
great dammages or debts, to vexe his adversary; and
if it shall appeare any doth so, the Courte shall
have power to sett a reasonable fyne on his head.
DEATH UNTIMELY.
It w ordered by this Courte and authority thereof,
That whensoever any person shall come to any
very sudden, untimely or unnaturall death, some
magistrate, or the constable of that towne, shall
forthwith summon a jury of sixe or twelve discreet,
men to inquire of the cause and manner of theire
death, whoe shall present a true verdict thereof,
unto some neare magistrate, uppon theire oath.
- DELINQUENTS.
It is ordered, That all persons hereafter Commit-
ted uppon delinquency, shall beare the charges the
country shall bee at in the prosecution of them .
and shall pay to the master of the prison or howse
of correction, two shillings six pence, before hee
bee freed therefrom. Wide execution upon delin
quents. - * * * }
43
ECLESEASTICALL. -
Fforasmuch, as the open contempt of Gods word,
and messengers thereof, is the desolating sinne of
civill states and churches, and that the preaching
of the word by those whome God doth send, is
, the cheife ordinary meanes ordained by God, for
the converting, edefying and saving the soules of
the elect, through the presence and power of the
Holy Ghost thereunto promised; and that the
ministry of the word is sett up by God in his
churches for those holy ends; and according to
the respect or contempt of the same, and of those
whome God hath sett aparte for his owne worke
and imployment, the weale or woe of all chris-
tian states, is much furthered and promoted:
It is therefore ordered, and decreed, That if any
christian, so called, within this jurissdiction, shall
contemptuously beare himselfe towards the word
preached, or the messengers' that are called to dis-
pense the same in any congregation, when hee doth
faithfully execute his service, and office therein, ac-
cording to the will and word of God, either by in-
terrupting him in his préaching, or by charging him
falsely with an error, which hee hath not taught, in
the open face of the church, or like a sonne of Ko-
rah, cast uppon his true doctrine, or himselfe, any
reproach to the dishonor of the Lord Jesus, whoe
hath sent him, and to the disparagement of that his
holy ordinance, and making Godswayes contempt-
ible and rediculous, that every such person or per-
sons,' whatsoever censure the church may passe,
shall, for the first scandall bee convented and re-
proved openly, by the magistrates, at some lecture,
* 44
and bound to their good behaviour: And if a se-
cond time they breake forth into the like contempt-
uous carriages, they shall either pay five pounds to
the publique treasure, or stand two houres openly,
uppon a block or stoole foure foott high, uppon a
lecture day, with a paper fixed on his breast writ-
ten with capital letters, AN opBN AND OBSTINATE
CONTEMNER of GoDs Holy of DINANCEs, that others
may feare and bee ashamed of breaking out into the
like wickedness. t * t
It is ordered and decreed by this Courte, and au-
thority thereof, That wheresoever the ministery of the
word, is éstablished, according to the order of the
gospell, throughout this jurissdiction, every person
shall duely resorte and attend thereunto respective-
ly, uppon the Lords day, and uppon such publique
fast days, and dayes of thanksgiving, as are to bee ge-
nerally kept by the appointment of authority : And if
any person within this jurisdiction shall, without just
and necessary cause, withdraw himselfe from hearing
the publique ministry of the word, after due meanes
of conviction used, hee shall forfeitt for his absence,
from every such publique meeting, five shillińgs:
All such offences to bee heard and détermined by
any one magistrate, or more, from time to time.
Fforasmuch, as the peace and prosperity of church
es, and members thereof, as well as civill rights
and libberties, are carefully to bee maintained;
It is ordered by this Courte and decreed, That the
civill authority heere established, hath power and
libberty to see the peace, ordinances and rules of
Christe, bee observed in every church, according
to his word: As allso, to deale with any ghurch
45
member, in a way of civill justice, notwithstanding
any church relation, office or interest, so it bee
done in a civill, and not in an ecleseasticall way,
nor shall åny church censure degrade or depose any
man from any civill dignitye, office or authority hee
shall have in the commonwealth.
ESCHEATs.
It is ordered by this Courte and authority thereof,
That where no heire or owner of howses, lands, ten-
ements, goods or chattells, can bee found, they shall
bee seized to the publique treasury, till such heirs
or owners shall make due clayme thereunto ; unto
whome they shall bee restored uppon just and reas-
onable termes. º -
EXECUTIONS.
Whereas by reason of the great scarcity of mony,
execution being taken of severall persons goods,
that have been sould at very cheape rates, to the
extreme dammage of the debtor;
It is therefore ordered, That whatsoever exécu-
tion shall bee graunted uppon any debts made after
the publishing of this order, the creditor shall make
choyce of one partye, the debtor of a second, and
the courte of a thirde, who shali prise the goods so
taken uppon execution aforesaid, and deliver them
to the creditor. •
EXECUTION UPPON DELINQUENTs.
gº
It is ordered, That the governor, or any other
magistrate in this jurissdiction, shall have libberty
46.
and power to call forth any person that hath beene
publiquely corrected for any misbehavior, to doe
execution uppon any person or persons, by whip-
ping or otherwise; and that at any time hereafter,
as occassion doth require, and in case of defect or
want of such, any other person, as hee or they shall
thinke meete.
* FFENCES.
Ffor the preventing of differences that may arise, in
making or setting downe of fences, as well in
meadows as up land; * t “Q .
It is ordered, That in the setting of posts and
rayles, or hedges in the meadow and b&ome lotts,
there shall bee a libberty for either partye of twelve
inches from the dividend lyne, for breaking of the
ground to sett the posts on, for the laying on the
hedges; but the stakes and postes are to be sett in
the devident lyne ; and in upland there is allowed a
libbertye of ſoure foott for a ditch from the divi-
dend ºlyne, for either of the bordering partyes,
where the proportion of ffences belongs unto them.
FFYNES.
It is ordered by this Courte, That the estreits for
the levying of fynes shall goe forth once every
yeare, both in the townes on the river and by the
sea side ; and that some officer in each place, shall
bee appointed to levye and receive the same, and
the accounts to bee given in by the severall plaï-
tations of theire generall charge, at the Courte in
September, for the perfecting of the accounts be-
twixt them; Mr. Ludlow is desired to graunt out
warrants for the fynes by the sea side. A
47
FFYRE.
It is ordered by this Courte and authority thereof.
That whosoever shall kindle any fire in the woods
or grounds lying in Common, or inclosed, so as the
same shall runn into such corne grounds or inclos-
ures, before the tenth of the first month, or after
the last of the second month, or on the last day of
the weeke, or on the Lords day, shall pay all dam-
mages and halſe so much, for a fyne, or if not able to
pay, then to bee corporally punished by warrant
from one magistrate, or more, as the offence shall
deserve, not exceeding twenty stripes for one of
fence; provided that any man may kindle fyre up-
pon his owne ground, at any time, so as no dam-
mage come thereby, either to the country or any
perticular person ; and whosoever shall wittingly
and willingly burne or destroy any frame, timber,
hewne, sawne, or riven, heapes of wood, charcoale,
corne, hay, strawe, hampe, flaxe, pitch or tarr, hee
shall pay double dammages. --
FFORGERIE.
It is ordered by this Courte, and authority thereof,
That if any person shall forge any debt, or con-
veyance, testament, bond, bill, release, acquittance,
letter of attorneye, or any writing to prevent equi-
ty and justice, he shall stand in the pillorye three
Severall lecture dayes, and render double damma-
ges to the partye wronged; and allso, bee disabled
to give any evidence or verdict to any Courte or
magistrate. *
FFORNICATION.
It is ordered by this Courte and authority thereof,
That if any man shall committ fornication, with any
single woman, they shall bee punnished, either by
injoyning to marriage, or ſyne, or corporall punnish-
ment, or all, or any these, as the Courte or ma-
gistrates shall appoint, most agreeable to the word
of God. . . .
GAMING.
Uppon complaint of great disorder, by the use of
the game called shuffle board, in howses of com-
mon interteinement, whereby much precious
time is spent unſruitfully, and much waste of wyne
and beare occasioned ; #4 • .
It is therefore, ordered and enacted by the author,
ty of this Courle, That no person shall henceſorth
use the said game of shuffle board in any such howse,
nor in any other howse, used as common for such
purpose, uppon payne for every keeper of such
howse, to forfeitt for every such offence, twenty
shillings: And for every person playing at the said
game in any such howse, to forfeitt for every such
offence, five shillings; the like penalty shall bee
for playing in any place, at any unlawfull game.
GUARDS AT MEETING.
It is ordered by this Courte, That there shall bee
a guard of twenty men every sabbath and'lecture-
day, compleat in theire armes, in each severall
towne uppon the river, and at Seabrooke and farm-
49
ington eight a piece ; each towne uppon the sea
side, in this jurissdiction, ten ; and as the number of
men increase in the townes, theire guardes are to
increase : And it is further ordered, that each man
in the guards aforesaid, shall bee allowed halfe a
pound of powder yearely, by theire several townes.
HIGHEWAYES,
Whereas the mainteining of high wayes, in a fitt
posture for passage, according to the severall oc-
cassions that occure, is not onely necessary, for
* the comfort and safety of man and beast, but
tends to the proſfilt and advantage of any people,
in the issue ; -
It is thought filt and ordered, That each towne,
within this jurissdiction shall, every yeare, chuse
one or two of theire inhabitants, as surveyors, to
take care of, and oversee the mending and repair-
ing of the highways within their severall townes
respectively, who have hereby, power allowed
them to call out the severall cartes or persons fift
for labour in each towne, two dayes at least, in
each yeare, and so many more, as in his or theire
judgements, shall bee found necessarry for the at-
taining of the aforementioned end, to be directed in:
theire worke by the said surveyor or surveyors,
and it is left to his or theire libberties, either to re-
quire the labour of the severall persons in any fam
ilye, or of a teame and one person, where such are,
as hee finds most advantageous to the publique oc-
Cassions, hee or they giving at least three dayes no
tice or warning beforehand, of such imployment,
and if any refuse or neglect to attend the service in
any manner aforesaid, hee shall forfeit for every
5
*
50
*
days neglect of a mans worke, two shillings six
pence, and of a teame, sixe shillings; which said
fynes shall bee imployed by the surveyors to hire
others to worke in the said wayes; and the sur-
veyors shall, within foure dayes after the severall
dayes appointed for worke, deliver in to some ma-
gistrate, a true presentment of all such as have
beene defective, with theire severall neglects, who
are immediately to graunt a distress to the marshall
or constable, for the levying of the incurred forfeit-
ure, by them to bee delivered to the surveyors, for
the use aforesaid; and if the surveyor neglect to
performe the service hereby committed to him,
either in not calling out all the inhabitants in theire
severall proportions, as before, or shall not returne
the names of those that are deficient, hee shall incurr
the same penalty as those whome hee so passes by,
are lyable to, by virtue of this order; which shall
bee imployed to the use aforesaid, and to bee levy-
ed allso by distress, uppon information and proofe
before any one magistrate. -
IDLENES.
It is ordered by this courte and authority thereof,
That no person, howseholder, or other, shall spend
his time idlely or unprofitably, under paine of such
punnishment, as the courte shall thinke meete to in-
flict, and for this end, it is ordered, that the consta-
ble of every place, shall use speciall care and dilli-
gence, to take knowledge of offenders in this kinde ;
especially, of common coasters, unprofitable fow-
lers, and tobacko takers, and present the same unto
any magistrate, who shall have power to heare
and determine the case, or transsfer it to the next
Courte º -
51
INDIANS.
It is ordered and decreed, That where any com-
pany of indians doe sitt downe neare any English
plantations, that they shall declare who is theire
Sachem or Cheife, and that the said Cheife or Sa-
chem shall pay to the said English, such tresspasses
as shall bee committed by any indian, in the said
plantation adjoyning, either by spoyling or killing
any cattle or Swyne, either with trapps, doggs or
arrowes; and they are not to pleade, that it was
done by strangers, unless they can produce the par-
tye, and deliver him or his goods into the custody
of the English; and they shall pay the double dam-
mage, if it were done voluntarily. The like in-
gagement this courte allso makes to them, in case
of wrong or injurye done to them by the English;
which shall bee paid by the partye by whome it was
done, if hee can bee made to appeare; or other-
wise, by the towne in whose limmits such facts are
committed. .
Fforasmuch, as our lenity and gentlenes towards .
indians, hath made them growe bold and insolent
to enter into English mens howses and unadvis-
edly handle swords, and peeces, and other in-
struments, many times to the hazzard of limbs or
lives of English or indians; and allso, oft steale
diverse goods out of such howses where, they
resorte, for the preventing whereof, º
It is ordered, That whatsoever indian shall here-
after, meddle with, or handle any English mans
weapons of any sorte, either in theire howses, or in
the feilds, they shall forfeitt for every such defaulte,
52
halfe a fathom of wampum ; and if any hurte or in-
jurye shall thereuppon follow to any persons life or
limbe, though accidentall, they shall, pay life for
life, limbe for limbe, wound for wound; and shall
pay for the healing of such wounds, and other dam-
mages: And for any thinge they steale, they shall
pay double, and suffer such further punnishment as #
the magistrates shall adjudge them. The constable
of any towne may attache and arrest any indian that
shall transsgress in any such kinde beſorementioned,
and bring them before some magistrate, who may
execute the penalty of this order uppon offenders
in any kinde, except life or limbe ; and any per-
son that doth see such defaults, may prosecute, and
shall have halfe the forfeiture. ;
It is ordered by this courte, and authority thereof,
That no man within this jurissdiction, shall directly,
or indirectly, amend, repaire, or cause to be amend-
ed or repared, any gunn, small or great, belonging to
any indian, nor shall indeavor the same, nor shall sell
nor give to any indian, directly or indirectly, any
such gunn, nor any gunpowder or shott, or lead, or
shott mould, or any millitary weapon or weapons,
armor, or arrowe heads, nor shall sell nor barter,
nor give any dogg or doggs, small or great, uppon
paine of ten pounds ſyne for every offence, at least,
in any one of the aforementioned perticulars; and
the court shall have power to increase the fyne, or
to impose corporall punnishment, where a fyne can-
nott bee had, at theire discretion.
And it is allso ordered, That no person nor per-
sons shall trade with them, at, or about theire wig-
wams, but in theire vessells or pinnaces, or at theire
owne howses, on penalty of twenty shillings for each
default. & .
53
Whereas it doth appeare, that notwithstanding the
former lawes made against selling gunns and pow-
der, to indians, they are yet supplied by indirect
means; & ;
It is therefore, ordered and decreed, That if any
person, after publishing of this order, shall sell, bar-
ter or transporte any gunns, powder, bullifts or
lead, to any person inhabiting out of this jurissdic-
tion, without license of this courte, or from some
two magistrates, hee shall forfeitt for every gunn,
ten pounds: for every pound of gun powder, five
pounds; for every pound of bullitts, or lead, forty
shillings; and so proportionably, for any greater or
lesser quantity; provided notwithstanding, that is
left to the judgement of the courte, that where any
offence is committed against the said order, either
to agravate or lessen the penalty, according as the
nature of the offence shall require.
Whereas diverse persons departe from amongst us,
and take up theire abode with the indians, in a
... prophane course of life, for the preventing where-
of ; * - -
It is ordered, That whatsoever person or persons,
that now inhabiteth, or shall inhabitt within this ju-
rissdiction, and shall departe from us, and settle or
joyne with the indians, that they shall suffer three
years imprisonment, at least, in the howse of cor-
rection; and undergo such further censure, by ſyne
or corporall punnishment, as the perticular courte
shall judge meete to inflict in such cases.
Whereas the french, Dutch, and other forraigne
nations doe ordinarily trade gunns, powder, shott,
/ & 5%
54 -
&c. with the indians, to our great prejudice, and
the strengthening and animating of the indians
against us, as by dayly experience we finde ; and
whereas the aforesaid french, Dutch, &c. doe .
prohibitt all trade with the indians, within theire
respective jurissdictions, under penalty of con-
fiscation; ' ' ' s #
It is therefore, hereby ordered by this courte and
authority thereof, That after due publication here-
of, it shall not bee lawfull for any frenchmen, Dutch-
men, or person of any other forraigne nation, or any
English living amongst them, or under the gov-
ernment of them, or any of them, to trade with any
indian or indians, within the limmits of this juriss-
diction, either directly or indirectly, by themselves
or others, under penalty of confiscation of all such
, goods and vessells, as shall bee found so trading, or
the due value thereof, uppon just proofe made of
any goods, or any vessells so trading or traded : And
it shall bee lawful for any person or persons inhab-
iting within this jurissdiction, to make seizure of
any such goods or vessells trading with the indians,
as by this law is prohibited, the one halſe whereof
shall bee to the propper use and benefitt of the
partye seizing, and the other to the publique.
This courte judging it necessary that some means
should bee used to 'convey the light and knowledge
of God and his worde to the indians and natives
amongst us, doe order, that one of the teaching el-
ders of the churches in this jurissdiction, with the
helpe of Thomas Staunton, shall bee desired, twise,
at least, in every yeare, to goe amongst the neigh-
bouring indians, and indeavour to make knowne to
them, the councells of the Lord, and thereby to
draw and stirr them up ; to direct and order all
55
theire wayes and conversations, according to the
rule of his worde; and "Mr. Governor, and Mr.
Deputy, and the other magistrates, are desired to
take care to see the thinge attended, and with
theire owne presence, so farre as may bee conven-
ient, incourage the same. e -
This courte having duly weighed the joint deter-
mination and agreement of the commissioners of
the United English colonyes, at New-Haven, of
Anno 1646, in reference to the indians, and judg-
‘ing it to bee both according to rules of prudence
and rightcousnes, doe fully assent thereunto, and
order that it bee recorded amongst the acts of this
courte, and attended in future practice, as occas-
sions" may present and require; The said conclu-
sion is as follows :, . - * -
The commissioners seriously considering the ma-
my willfull wrongs and hostile practices of the in-
dians, against the English, together with theire in-
terteining, protecting and rescuing of offenders, as-
late our experience sheweth, which, if suffered, the
peace of the colonyes cannot bee secured;
It is therefore concluded, that in such case, the
magistrates of any of the jurissdictions, may, at the
charge of the plaintiff, send some convenient
strenght of English, and according to the nature and
value of the offence and dammage, seize and bring
away any of that plantation of indians that shall in-
terteine, protect or rescue the offendor, though hee
should bee in another jurissdiction, when through
distance of place, commission or direction cannott
bee had, after notice and due warning given them,
as actors, or at least, accessary to the injurye and
dammage done to the English ; onely women and
children to bee sparingly seized, unless knowne to
bee someway guilty ; and because it will be charge-
$
able keeping indians in prison, and if they should
escape, they are like to prove more insolent and
dangerous after. It was thought fitt, that uppon
such seizure, the delinquent, or satisfaction bee a-
gain demanded of the Sagamore, or plantation of in-
dians guilty, or accessary. as hefore; and if it bee
denyed, that then the magistrates of this jurissdic-
tion, deliver up the indian seized by the partye or
partyes endammaged, either to serve, or to bee
shipped out and exchanged for neagers, as the case
will justly beare; and though the comissioners fore-
See, that said severe, though just proceeding may
provoke the indians to an unjust seizing of Some of
ours, yet they could not, at present, find no better
means to preserve the peace of the colonyes; all
the aforementioned outrages and insolences tending
to an open warr; onely they thought fitt; that before
any such seizure bee made in any plantation of in-
dians, the ensuing declaration bee published, and a
coppye given to the perticular Saggamores.
The commissioners for the Uuited Colnoyes con-
sidering how peace with righteousnes may bee
preserved betwixt all the English, and the severall
plantations of the indians, thought fitt to declare
and publish, as they will doe no injurye to them, so
if any indian or indians of what plantation soever,
doe any willfull dammage to any of the English col-
onyes, uppon proofe, they will in a peaceable way,
require just satisfaction, according to the nature of
the offence and dammage ; but if any. Saggamore or
plantation of indians, after notice and due warn-
inge, interteine, hyde, protect, keepe, convey a-
way, or further the escape of any such offendor or
offendors, the English will require satisfaction of
such indian and Saggamore, or indian plantátion ;
and if they deny it, they wil right themselves, as
57
they may, uppon such as so meinteine them that
doe the wrong, keeping peace and all termes of am-
ity and agreement with all other indians. -
INKEEPERS.
Fforasmuch, as there is a necessary use of howses
of common interteinement, in every common-
wealth, and of such as retaile wine, beare and
victualls; yet, because there are so many abuses
of that lawfull libberty, both by persons intertein-
ing, and persons interteined, there is allso need
of strict lawes and "rules to regulate such an im-
ployment: - . . . . .
It is therefore ordered by this Courte and authori-
ly thereof, That no person or persons licenced for
common interteinment, shall suffer any to bee
drunken, or drinke excessively, viz. above halfe a
pinte of wyne, for one person, at one time, or to
continue tipling above the space of halſe an houre,
or at unreasonable times, or after nine of the clock
at night, in or about any of theire howses, on pen-
alty of five shillings for every such offence; and
every person found drunken, viz. so that hee bee
thereby bereaved or dissabled in the use of his un-
derstanding, appearing in his speech or gesture, in
any of the said howses or elsewhere, shall forfeitt
ten shillings; and for excessive drinking, three shil-
lings fouré pence; and for continuing above halfe
an houre, tipling, two shillings six pence ; and for
tipling at unseasonable times, or after nine o'clock
at night, five shillings, for every offence in these
perticulars, being lawfully convicted thereof; and
for want of payment, such shall bee imprisoned un-
till they pay, or bee sett in the stocks, one houre or
58
more, in some open place, as the weather will per-
mitt, not exceeding three houres at one time; pro-
vided, notwithstanding, such licensed persons may
... intérteine seafaring men or land travellers in the
night season, when they come first on shoare, or ſrom
theire journeye, for theiré necessary refreshment, or
when they prepare for theire voyage or journye the
next day early, so bee no dissorder amongst them,
and allso; strangers and other persons, in an order-
ly way, may continue at such howses of com-
mon interteinerment, during meal times, or upport
lawfull business, what time theire occassions shall
require. - . . . . . .
And it is allso ordered, That if any person offendin
drunkenness, excessive or long drinking, the se-
cond time, they shall pay double ſynes; and if
they ſall into , the same offence the third time,
they shall pay treble ſynes and if the parties bee
- not able to pay theire ſynes, then hee that is
found drunken shall bee punnished by whipping, to
the number of ten stripes; and hee that offends
by excessive or long drinking, shall bee put into
the stocks for three hours, when the weather may
not hazzard his life or limbs; and if they offend
the fourth time, they shall bee imprisoned untill
they put in two sufficient sureties for their good
behavior. - º *
And it is further ordered, That the severall townes
uppon the river, within this jurissdiction, shall pro-
vide amongst themselves, in each towne, one. Suf-
ficient inhabitant, to keepe an ordinary for provis-
ion and lodging, in some comfortable manner, that
passengers or strangers may know where to resorte;
and such inhabitants, as by the severall townes,
shall bee chosen for the said service, shall bee
-presented to two magistrates, that they may judge
59
meete for that imployment; and this to be effect-
ed by the severall townes within one month, under
the penalty of forty shillings a month, for each
month that either towne shall neglect the same.
And it is allso further ordered, That every in-
keeper or victuailer shall provide for interteine-
ment of strangers horses, viz. one or more inclos-
ures for summer, and hay and provender for win-
ter, with convenient stable roome and attendance,
under penalty of two shillings six pence for every
.dayes default, and double dammage to the partye .
thereby wronged, except it bee by inevitable acci-
‘dent. - -
Lastly, It is ordered by the authority aforesaid,
That all constables may, and shall, from time to
time, duely make search throughout the limmitts of
theire townes, uppon Lords dayes, and lecture
dayes, in times of exercise; and allso, at all other
times, so oft as they shall see cause, for all offences
and offendors against this law, in any the perticu-
lars thereof; and if uppon due information or com-
plaint of any of theire inhabitants, or other credible
persons whether taverner, victualler, tabler, or oth-
er, they shall refuse or neglect to make search as
aforesaid, or shall not to theire power, performe all
other thinges belonging to theire place or office of
constableship, then uppon complaint and due proofe
before any one magistrate, within three months af-
ter such refusall or neglect, they shall bee fyned
for every such offence, ten shillings, to bee levied
by the marshall, as in other cases, by warrant from
such magistrate before whome they are convicted,
or warrant from the Treasurer, uppon notice from
such magistrate. t
It is ordered by this courte and authority thereof, .
That no inkeeper, victualer, wine drawer, or other,
60
shall deliver any wyne, nor Suſſer any to bee deliv-
ered out of his howse to any which come for it, un-
less they bring a note under the hand of some one
master of some familye and allowed inhabitant of
that towne; neither shall sell or draw any hott wa-
ter to any, but in case of necessitye, and in such
moderation for quantity, as they have good grounds
to conceive it may not bee, abused, and shall bee
ready to give an account of theire doings herein,
when they are called thereto, under censure of th
courte, in case of delinquency. .
INDITEMENTs.
If any person shall bee indicted for any capitall
crime, who is not then in durance, and shall refuse
to render his person to some magistrate, within one
month after three proclamations publiquely made
in the town where hee usually abides, there being a
month betwixt proclamation and proclamation, his
lands and goods shall bee seized to the use of the
common treasury, till hee make his lawfull appear-
ance, and such withdrawing of himselfe, shall stand
in stead of one wittness to prove his crime, unless
hee can make it appeare to the courte, that hee was
necessarily hindred. -
JURYES AND JURORS.
It is ordered by the authority of this courte, That
in all cases which are entred, under forty shillings,
the sute shall bee left to be tryed by the courte of
magistrates, as they shall judge most agreeable to
equity and righteousnes; and in al] cases that are
tryed by juries, it is left to the magistrates to im-
pannell a jury of sixe or twelve, as they shall judge
§ j |
'the nature of the ease shall require: and if foure of
sixe, or eight of twelve agree, the verdict shall bee
deemed, to all intents and purposes, sufficient and
full; uppon which, jūdgment may bee entred and
execution granted, as if they had all concurred ; but
if it fall out, that there bee not such a concurrence,
aş is before mentioned, the jurors shall returne the
case to the courte with theire reasons, and a spe-
ciall verdict is to be drawne thereupon, and the vote
of the greater number of magistrates shall carrye the
same, and the judgment to bee entred, and other
proceedings as in case of a verdict by a jury.
And it is further ordered, That the courte of ma-
gistrates shall have libbertye, (if they do not finde
in theire judgements the jury to have attended the
evidence given in, and true issue of the case in
theire verdict) to cause them to returne to a second
consideration thereof; and if, they still persist in .
theire former opinion, to the dissatisfaction of the
courte, it 'shall bee in the power of the Courte, to
impannell another jurye, and committ the conside-
ration of the case to them : and it is allso left in .
the power of the courte to varye and alter the dam-
mages given in by any jurye, as they shall judge
most equall and righteous; provided, that what al-
teration shall at any time bee made in that kinde,
bee done in open courte, before plaintiff and de-
ſendant, or affidavitt made, that they have beene
required to bee present; and that alteration which
is made, bee done either the same courte, or pro-
vision made to secure the verdict of the jury, untill
the case bee fully issued : And whereas many per-
sons, after their severall causes in courte have
beene tryed and issued, have slipt away, or other-
wise neglected, if not refused, to pay the charges
of the courte, according to order, for preventing
6
62
thereof, for the future, it is ordered, that whosoever
shall have any action or sute in Courte after pub-
lishing hereof, shall, as soon as his cause is issued,
pay the whole charges of the courte, that concernes
either jury or secretary, before hee departs the
same ; and the like allso shall bee done by all those
whose actions are not taken, up and withdrawne
before the sitting of the courte wherein they were
to be tryed, or otherwise, for neglect or nonper.
formance of either, bee committed to prison, there
to remaine till hee or they have satisfied the same.
GRAND JURY.
It is ordered and decreed, That there shall be a
grand jury of twelve or fourteen able men, warned
to appear every courte, yearly, in September, or
as many and oft as the Governor or courte shall
thinke meete, to make presentment of the breaches
of any lawes or orders, or any other missdeamean-
ors they shall know of in this jurissdiction.
LANDS. FREELANDS.
It is ordered, and by this courte declared, That our
lands and heritages, shall be free from all fynes and
lycences uppon alienations; and from all harriotts,
wardships, liveries, primer seizins, yeare day and
waste, escheats and forfeitures, upport the death of
parents or ancestors, bee they naturall, unnaturall,
casuall or juditiall, and that forever.
LEVYES.
Fforasmuch as the marshalls and other officers,
have complained to this courte, that they are of
63
ten times in great doubt how to demean them-
selves in the execution of their offices;
It is ordered by the authority of this courte, That
in case of fynes, and assessments to bee levyed, and
uppon execution, in civill actions, the officer shall
demand the same of the party, or at his howse and
place of usuall aboade, and uppon refusall or non-
payment, hee shall have power of calling the con-
stable, if hee see cause for his assistance, to breake
open the dore of any howse, chest, or place, where
hee shall have notice that any goods lyable to such
levye or execution, shall bee; and if hee bee to
take the person, hee may doe the like, if upport de-
maund, hee shall refuse to render himselfe ; and
whatsoever charges the officer shall necessarily bee
put unto uppom any such occassion, hee shall have
power to levye the same, as hee doth the debt,
fyne or execution; and if the officer shall levye
any such goods uppom execution, as cannot bec
conveyed to the place where the party dwells,
for whome such execution shall bee levyed, with-
out considerable charge, hee shall levye the said
charge allso with the execution: the like order
shall bee observed in levying of ſynes, provided,
it shall not bee lawfull for such officer to levye
any mans necessary bedding, apparrell, tooles or
armes, neither implements of household, which
are for the necessary upholding of his life; but
in such case, hee shall leveye his land or per-
son, according to law ; and in no case, shall the
officer bee put to seeke out any mans estate fur-
ther then his place of aboade; but if the party will
not discover his goods or land, the officer may
take his person.
And it is allso ordered and declared, That if any
64
officer shall doe injurye to any, by colour of his
office, in these, or any other cases, hee shall bee
lyable, upport complaint of the party wronged, by
action or information, to make full restitution.—See
JMarshall.
LYING.E.
Whereas truth in words, as well as in actions, is re-
quired of all men, especially, of christians, who
are the professed servants of the Lord of truth;
and whereas all lying is contrary to truth, and
some sortes of lyes are not only sinfull, as all lyes
are, but allso, pernicious to the publique weal
and injurious to perticular persons:
It is therefore ordered by this courte, and author,
ty thereof, That every person of the age of dis-
cretion, which is accounted fourtcene yeares, who
shall wittingly and willingly, make or publish any
lye, which may bee pernicious to the publique weal,
or tending to the dammage or injury of any pertic-
ular person, to deceive and abuse the people with
false news or reportes, and the same duly prooved
in any courte, or before any one magistrate, who
hath hereby power graunted, to heare and deter-
mine all offences against this lawe, such persons
shall bee fyned for the first offence, ten shillings,
or if the party bee unable to pay the same, then to
bee sett in the stocks so long as the said courte or
magistrate shall appointe, in some open place, not
exceeding three houres; for the second offence in
that kinde, whereof any shall bee legally convicted,
the summe of twenty shillings, or be whipped up-
pon the naked body, not exceeding twenty stripes,
and for the third offence that way, forty shillings,
J 65 *. #
or if the party bee unable to pay, then to bee whip-
ped with more stripes, not exceeding thirtye ; and
if yett, any shall offend in like kinde, and bee le-
gally convicted thereof, such person, male or fe-
male, shall bee fyned ten shillings at a time, more
y
then formerly, or if the party so offending, bee un-
able to pay, then to be whipped with five or six
stripes more then formerly, not exceeding forty at
any time: And for all such as being under age of
discretion, that shall offend in lyinge contrary to
this order, theire parents or masters shall give them
due correction, and that in the presence of some
officer, if any magistrate shall so appointe; provid-
ed allso, that no person shall bee barred of his just
action of slander, or otherwise, by any proceeding
uppon this order. *
MASTERS, SERVANTS, SOJOURNERS.
It is ordered by this courte and authority thereof,
That no master of a familye shall give intertein-
ment or habitation to any younge man to sojourne
in his familye, but by the allowance of the inhabit-
ants of the towne where he dwells, under the pen-
alty of twenty shillings per week: And it is allso or-
dered, That no young man that is neither married,
nor hath any servant; nor is a publique officer, shall
keepe howse by himselfe, without the consent of
the towne, for, and under paine or penalty of twenty
shillings a week. *
It is allso ordered by the authority aforesaid, That
no servant, either man or maid, shall either give,
sell or truck, any commodity whatsoever, without
license from theire master, during the time of
theire service, under paine of fyne or corporall
punnishment, at the discretion of the Courte, as
66
the offence shall deserve; and that all workmen shall
work the whole day, allowing convenient time for
food and rest.
It is allso ordered, That when any servants shall
runn from theire masters, or any other inhabitants
shall privately goe away with suspicion of ill inten-
tions, it shall bee lawfull for the next magistrate, or
the constable and two of the cheifest inhabitants,
where no magistrate is, to press men and boates or
pinnaces, at the publique charge, to pursue such
persons by sea of land, and bring them back, by
force of armes.
And whereas many stubborne, refractory and dis-
contented servants and apprentices, withdraw
themselves from theire masters services, to im-
prove theire time to theire owne advantage, for
the preventing whereof,
It is ordered, That whatsoever servant or appren-
tice shall hereafter offend in that kinde, beforé theire
covenants or terme of service are expired, shall serve
theire said masters, as they shall be apprehended or
retained, the treble term, or three fold time of theire
absence in such kinde. º
MANSLAUGHTER. . .
It is ordered by this court and authority thereof,
That if any person in the just and necessary de--
fence of his life, or the life of any other, shall kill
any person attempting to rob or murther in the
feilds or higheway, or to breake into any dwelling
howse, if hee conceive hee cannot with safety of
his owne person, otherwise take the fellon, or as-
sailant, and bring him to tryall, hee shall be houlden
blameless. . . .
67
MAGISTRATES.
This courte being sensible of the great dissorders
growing in this commonwealth, through the con-
tempts cast uppom the civil] authority which
willing to prevent, . . . . . . .
s . . . .
Doe order and decree, That whosoever shall
henceforth, openly or willingly, defame any courte
of justice, or the sentences and proceedings of the
same, or any of the magistrates or judges of any
such courte, in respect of any act or sentence
therein passed, and being thereof lawfully convict-
ed in any generall courte, or courte of magistrates,
shall bee punnished for the same, by ſyne, impris-
onment, disfranchisement, or bannishment, as the
quality and measure of the offence shall deserve.
) MARRIAGE.
forasmuch as many persons intangle themselves
with rashe and inconsiderate contracts for theire
future joininge in marriage covenant, to the great
trouble and greife of themselves and theire
freinds, for the preventing thereof,
It is ordered by the authority of this courte, That
whosoever intends to joine themselves, in marriage
covenant, shall cause theire purpose of contract to
bee published in some publique place, and at some
publique meeting, in the severall townes where
such persons dwell, at the least, eight dayes before
they enter into such, contract, whereby they engage
themselves each to other; and that they shall for-
beare to joine in marriage covenant, at least eight
days after the said contract. *
68
And it is allso ordered and declared, That no per-
son whatsoever, male or female, not being at his or
her owne dispose, or that remaineth under, the gov-
ernment of parents, masters or guardians, or such
like, shall either make or give interteinment to any
motion or sute, in way of marriage, without the
knowledge and consent of those they stand in such
relation to, under the severe censure of the courte,
in case of delinquency not attending this order; nor.
shall any third persons intermeddle in making any
motion to any such, without the knowledge and
consent of those under whose government they
are, under the same penalty. JMarriages and Births.
See Records.
MARSHALL. {
It is ordered by this courte, That the marshall shall
bee allowed for every execution hee serves, which
is under the summe of five pounds, two shillings six
pence, and four pence for every myle hee goes to
serve the said execution, out of the towne where
hee liveth; and for every execution hee serves, of,
or above five pounds, and under the summe of ten
pounds, hee shall bee allowed three shillings foure .
pence, and foure pence for every myle, as before ;
and for every execution hee serves, of, or above the
summe of ten pounds, hee shall bee allowed five
shillings, and four pence for every myle, as before;
Allso, hee is to bee allowed his other just and ne-
cessary charges; onely it is provided, that if hec
bee excessive therein, uppon due complaint and
proofe made, it shall bee redressed. . . e
And it is allso further ordered, That the marshall
shall bee allowed for every attachement hee serves,
halfe so much as is before allowed him for execu-
63
tions; onely hee is to have four pence for every
myle he goes to serve the attachement, as before.
It is further ordered by this courte and author-
ity thereof, That every officer that shall, at any
time bee fyned for the breach of any poenall lawe,
or other just cause, such person or persons so of—
fending, shall forthwith pay his or theire fyne or
penalty, or give in security speedily to do it, or
else shall bee imprisoned, or kept to worke till it
bee paid, that no loss may bee to the common-
wealth; and, what other ſynes or debts are already
due, or shall bee due to the country, the marshall,
for the time being, uppom warrant from the Treas-
urer, and according to his oath, shall bee faithfull in
doing the duty of his place in levyinge and return-
ing the same, uppoin, paine of forfeiting two shillings
of his owne estate, for every pound, or else such
fyne as any courte of justice shall impose on him
for his neglect. -
MEASURES AND WEIGHTS.
Fforasmuch as it is observed, that there are diver-
sitys of weights, yardes and measures amongst us,
whereby dammages many times ensueth by com-
merce with severall persons, for the preventing
whereof," . -
It is now ordered, That no man within these Jib-
berties, shall, after the publishing of this order,
sell any commodityes, but by sealed weight or
measure, under the penalty of twelve penge each
default; the clarke is to have a penny for seal-
ing a weight or measure, each time; and no weight
or , measure is to be accounted authentick that is
not sealed or approved by the Clark once every
‘70
yeare, and the said clark is to break or demolish
such weights, yardes or measures as are defective.
MILLITARY AFFAIRES.
It is ordered, and by this courte declared, That all
persons that are above the age of sixteene yeares,
except magistrates and church officers, shall beare
arms, unless they have, uppon just occassion, ex-
emption graunted by the courte; and every male
person within this jurissdiction, above the said
age, shall have in continuall readines, a good mus-
kitt or other gunn, fitt for service, and allowed by
the clark of the band, with a sword, rest and ban-
daleers, or other serviceable provision in the
roome thereof, where such cannott bee had ; as
allso such other millitary provision of powder,
match and bullits as the lawe requires ; and if
any person who is to provide armes or ammu-
nition, cannot purchase them by such means as
he hath, hee shall bring to the clark so much
corne or other merchantable goods, as by apprize-
ment of the said clark and two others of the com-
pany, (whereof one to bee chosen by the party, and
the other by the clarke,) as shall be judged of a
greater value by a fifth parte, then such armes or
ammunition is of, hee shall bee excused of the pen-
alty for want of armes, (but not for want of appear-
ance) untill hee bee provided; and the clark shall
indeavour to furnish him so soon as may bee,
by sale of such goods so deposited, rendering the
overplus to the partye : But if any person shall not
bee able to provide himselfe armes or ammunition
through meere poverty, if hee bee single, hee shall
bee put to service by some magistrate, and the con-
stable shall appoint him armes and ammunition, and
71.
shall appointe him where, and with whome to ean
out. - | -
And it is ordered, That all the souldgers within
Jhis jurissdiction shall bee trained, at least, six times
yearely, in the months of March, Aprill, May, Sep-
tember, October or November, by the appoint-
ment of the captaine or cheife officer in the seve-
rall townes: and the times of theire meeting to-
gether shall bee at eight of the clock in the morn-
inge: And the clarke of each band, shall twise ev-
ery yeare, at least, view the armes and ammunition
of the band, to see if they bee all accordinge to
"awe; and shall uppon every traininge day, give
his attendance in the feild every day, (except hee
hath speciall leave from his captaine or cheife offi-
cer.) to call over the rolle of the souldgers, and
.ake notice of any defect by theire absence or oth-
erwise; And hee shall duely present to the Gover-
nor, or some of the magistrates, all defects in armes
or ammunition, at least once in each yeare, and of:
tener, if it bee required. And it is left to the judge-
ment of the magistrates to punish all defects in that
kinde, according to the nature of the 'offence,
wherein due regard is to bee had of willfull neg-
lects in any, that such may not pass without a se-
vere censure: And whosoever shall bee absent any
of the days appointed for traininge, after the houre
appointed, or shall not continue the whole time,
shall forfeitt the summe of two shillings six pence,
for every default, except such as are licensed under
the hand of two magistrates; The clark of the
severall bands are to distreine the delinquents
within fourteene days after the forfeiture, whereof
six pence shall bee to himselfe, and the remainder
for the maintenance of drums, cullers, &c. And if
any of the said clarks shall omitte to distreine any
r” [.
;3
delinquents above the said terme of fourteene dayes,
hee shall forfeitt and pay to the use of the publique,
double the fyne so neglected by him. -
It is ordered, That the souldgers shall onely make
choyce of theiré millitary officers, and present
them to the perticular courte; but such onely shall
bee deemed officers, as the courte shall confirme. '
The state and condition of the place where we
live, by reason of the indians and otherwise, re-
quires all due means to bee used for the preserva-
tion, the safety and peace of the same ; this courte
judgeth it necessary that there should bee a maga-
zine of powder and shott provided and meinteined
in the country in each towne within this jurissdic-
tion; And do therefore order and decree, that there
shall bee two barrills of powder, and six hundred
weight of lead provided by this commonwealth, be-
fore the generall courte in September next, which
shall be meinleined and continued and accounted as
the country stock. - 1.
And it is allso further ordered, that the severall
townes in this jurissdiction shall provide and mein-
teine as followeth, viz.
Wyndsor, one barrill, and halfe of powder, foure
hundred and fifty pound of lead, one hundred fath-
om of match, and nine cotton coates or corseletts,
and serviceable pikes to either of them.
Hartford, two barrills of powder, six hundred
weight of lead, and six score fathom of match, and
twenty cotton coates or corseletts, with serviceable
pikes to either of them. t - *
Weathersfeild, one barrill of powder, three hun-
dred weight of lead, eighty fathom of match, and
eight cotton coates. or corseletts, with serviceable
pikes to either of them. -
Seabrook, halſe a barrill of powder, one hundred
º
73
and fifty pound of lead, forty fathom of match, and
three cotton coates or corseletts, with serviceable
pikes to either of them. - - - -
farmington, the same, in each perticular with
Seabrook. . . . . .
ffairefeild and Strattford, in each towne, one bar-
till of powder, three hundred wéight of lead, one
hundred fathom of match, and six coates or corse-
letts, with serviceable pikes to either of them.
Southhampton and Pequett, in each towne, halfe
barrill of powder, one hundred and fifty pounds of
lead, forty fathom of match, with three cotton coates
or corseletts, with serviceable pikes to either of them."
Each towne allso, shall provide so many firelocke
muskitts; and good back Swords or cutlasses, as the
the corseletts are they are charged with by this or-
der: All which shall bee provided by the severall
townes, by the courte in September next, and mein-
teined constantly for the future, uppon the penalty
of ten shillings per month, for each townes defect or
neglect herein. g -
Allso, it is further ordered, That every male per-
\pm within this jurissdiction, that is above the age
of sixteene yeares, whether magistrates, ministers, -
or any other (though exempted from training,
watching and warding) shall bee always provided
with, and have in readines, by them, halfe a pound
of powder, two pound of serviceable bullitts, or
shott, and two fathom of match to every match-
lock, uppom the penalty of five shillings a month,
for each persons default herein; provided notwith-
standing, that if the proportions of powder laid up-
pon each towne and person, either doth not at pres-
ent, or shall not, by reason of the increase of theire
numbers, for the future, amount in all to three
pound of powder for every souldger, then each
. 7
'74
towne shall, uppon the former penalty, provide so
much more, as shall bee three pound of powder for
a souldger, and other provision of lead, &c. increase
in each towne, according to the same proportion.
Whereas , many inconveniences doe appeare by
reason that the severall souldgers of the trained
bands in each towne within this jurissdiction,
have not been allowed some powder uppon theire
training dayes, for theire practice and exercise
in theire severall firings:
It is ordered by the authority of this courte, That
there shall bee allowed to every souldger in the
severall trained bands in each towne, as aforesaid,
halfe a pound of powder a piece, for a yeare, and so
from yeare to yeare, for the future, to bee provided
by, and at, the propper costs and charges of the
masters and governors of each family unto which
the said souldgers doe belong, to bee called forth,
improved and disposed of, at the discretion of the
captaine, or other principall leaders in each train-
ed bands. -
It is allso ordered, That the captaines, leiſten-
nants and ensignes, shall bee freed from watching
and warding, and the Serjeants from warding and
halfe theire watch. \
MINISTERS MEINTENANCE.
Whereas the most considerable persons in the
land came into these partes of America, that they
might enjoye Ghriste, in his ordinances, without dis-
turbance; and whereas, amongst many other pre-
tious meanes, the ordinances have beene, and are
dispensed amongst us, with much purity and pow-
75
er, they tooke it into their serious consideration,
that a due meintenance according to God, might
bee provided and, settled, both for the present and
future, for the incouragement of the ministers
worke therein; and doe order, that those who are
taught in the word, in the severall plantations, bee
called together, that every man voluntarily sett
downe what hee is willing to allow to that end and
use; and if any man refuse to pay a meete propor-
tion, that then hee bee rated by authority, in some
just and equall way; and if aſter this, any man with-
hold or delay due payment, the civill power to be
exercised as in other just debts.
OATHS.
)
I A. W. now chosen to be Governor within this
Jurissdiction, for this yeare ensuing, and untill a
new bee chosen, doe sweare by the great and
dreadfull name of the everlasting God, to promoate
the publique good and peace of the same, accord-
ing to the best of my skill; as allso, will meinteine
the lawfull priviledges of this commonwealth; as
'allso, that all wholesome lawes, that are or shall
bee made by lawfull authority, here established,
bee duly executed, and will further the execution
of justice, according to the rule of Gods word; so
helpe mee God, in the name of the Lord Jesus.
Christe. -- Aº
I N. W. being chosen a magistrate within this
jurissdiction, for the yeare ensuing, do sweare, by
the great and dreadfull name of the everlasting
God, to promoate the publique good and peace of the
same, according to the best of my skill; and allso,
that I will meinteine all the lawfull priviledges
thereof, according to my understanding, as allso, to
76
assiste in the execution of all such wholesome lawes
as are made, or shall be made by lawfull authority,
here established, and further the execution of jus-
tice for the time aforesaid, according to the right-
eous rule of Gods worde: So help me God,
I A. B. doe sweare by the great and dreadfull
name of the everliving God, that for the yeare en-
suing, and until a new bee chosen, I will faithful-
ly execute the place and office of a constable, for,
and within, the plantation of W. and the limmitts
thereof; and that I will indeavour' to preserve the
publique peace of the Saide place and commonwealth,
and will doe my best indeavour to see all watches
and wardes executed, and to obey and execute all
lawfull commands or warrants that come from any
magistrate, magistrates or courte; so helpe mee
God, in the Lord Jesus Christe. . -
I A. B. being by the providence of God, an in-
habitant within the jurissdiction of Connecticutt,
being to bee made free, doe acknowledge myselfe
to bee subject to the governement thereof, and doe
sweare by the great and fearſull name of the ever-
living God, to bee true and faithfull unto the same,
and doe submitt both my person and estate thereun-
to, according to all the wholesome lawes and orders
that there are, or hereafter shall bee there made and
established by lawfull authority; and that I will
neither plott nor practice any evill against the same,
nor consent to any that shall, so doe, but will timely
disscover the same to lawfull authority there estab-
lished; and that I will, as in duty I am bound,
meinteine the honor of the same, and of the lawfull
magistrates thereof, promoating the publique good
of it, whilst I shall só continue an inhabitant there;
and whensoever I shall give my voate or suffrage
$ouching any matter which concerns this common
j
77
wealth, being called thereunto, will give it as in my
conscience I shall judge may conduce to the best
good of the same, without respect of persons, or
favour of any man: So helpe me God, in our Lord
Jesus Christe. * -
You sweare, that you A. B. shall duely try the
cause or causes now, to bee given you in charge,
between the plaintiff and defendant, or plaintiffs and
defendants, according to your evideuce given in
courte, and accordiñgly, a true verdict give; your
owne counsells and your fellowes, you shall duely
keepe, you shall speake nothing to any one of
the buisiness and matters in hand, but among your-
selves, nor shall you suffer any to speake unto you
about the same, but in courte, and when you are
agreed of any verdict, you shall keepe it secreet,
till you deliver it up in courte: So helpe you God,
in our Lord Jesus Christe. § \
You doe sweare by the great and dreadfull name
of the everlasting God, that for this yeare ensuing,
and untill new bee chosen, you shall faithfully exe-
cute the place and office you are chosen unto, ac-
cording to the extent of your comission: So helpe
you God in the name of the Lord Jesus Christe.
(Note—The preceding form of oath was prescribed
for commissioners.) * ** - &
A. B. you being chosen secretary for this juriss-
diction, during this yeare, doe Sweare by the great
name of God, that you shall keepe the secreets of
the courte, and shall carefully execute the place
of a secretary, and shall truly and faithfully record
all orders of the courte, and shall deliver true copies
and certificates when they shall bee necessarily re-
uired : So helpe you God, in our Lord Jesus
Jhriste. *
You doe sweare by the great and dreadfull name
- rºyº
78
of God, that you will with all due care and faith-
fullnes, make presentment according to order, at
the quarter courte in September next, such misde- .
meanors and trafisgressions of the lawes and orders
of this commonwealth, as shall come to your cog-
misance, as also, to doe your indeavours to finde
out such things as "are contrary to religion and
peace: So helpe you God, in our Lord Jesus Christe.
(Note—This form of oath was prescribed for Grand-
jurors.) e
PEAGE. -
It is ordered 'by this courte and decreed, That no
peage, white or black, bee paid or received, but
what is strunge, and in Some measure, strunge Suta-
bly, and not small and great, unconely and disor-
derly mixt, as formerly it hath beene.
POORE.
It is ordered by this courte and authority thereof,
That the courte of magistrates shall have power to
determine, all differences about lawfull settling, and
providing for pore persons, and shall have power to
dispose of 'all unsetled persons, into such townes as
they shall judge to bee most fitt, for the maintenance
and imployment of such persons and familyes, for the
ease of the countrye.
POUND, POUND-BREACH.
Ffor prevention and due recompence of dammage
in cornefeilds and other inclosures, done by Swyne
and cattle :
It is ordered by this Courte and Authority thereof.
79
that there shall bee one sufficient pound, or more,
made and meinteined in every towne and village
within this jurissdiction, for the impounding of all
such swyne and cattle as shall bee found in any
cornefeild, or other inclosure; and whosoever im-
pounds any Swyne or cattle, shall give present no-
tice to the owners, if hee bee knowne, or otherwise;
they shall be cryed at the two next lectures or
markitts; and if Swyne or cattle escape out of the
pound, the owner, if knowne, shall pay all damma-
ges according to lawe. *
And whereas impounding of cattle, in case of tress-
passes, hath beene alwayes found both needfull
and profitable, and all the breaches about the
same, very offensive and injurious:
\
It is therefore ordered by this Courte and authori-
ty thereof, That if any person shall resiste or rescue
any cattle going to the pound, or shall, by any way
or meanes, convey them out of pound, or custody
of the lawe, whereby the party wronged, may lose
his dammage, and the lawe bee deluded, that in
case of meere rrescues, the party offending, shall
forfeitt to the treasure, forty shillings; and in case.
of pound breach, five pounds, and shall allso, pay
all dammages to the party wronged; and if in the
rescue, any bodily harmes bee done to the person
of any man, or other, they shall have remedye
against the rescuers; and if either bee done by any
not of abilitye to answer the dammage and forfeitt
aforesaid, they shall bee bodily whipped by war-
rant from any magistrate before whome the of
fender is convicted, in the towne or plantation where
the offence was committed, not exceeding twenty
stripes for the meere rescues or pound breach, and
80
for all dammages to the party, they shall satisfie by
service, as in case of theft; and if it appear, there
were any procurement of the owner of the cattle,
thereunto, and that they were abettors, they shall
all pay forfeitures and dammages, as if themselves
had done it. - * • .
PROFANE SWEARING, .
It is ordered, and by this Courte decreed, That if
any person within this jurissdiction shall sweare
rashly and vainely, either by the holy name of
God, or any other oath, and shall sinfully and
wickedly curse any, hee shall forfeitt to the com-
mon treasure, for every such severe offence,
ten shillings: And it shall bee in the power of
any magistrate, by warrant to the constable, to
call such persons before him, and uppon just proofe
to pass a sentence, and levye the said penalty, ac-
cording to the usual order of justice; and if such
persons bee not able, or shall utterly refuse to pay
the aforesaid fyne, hee shall bee committed to the
stocks, there to continue, not exceeding three hours,
and not less than one houre. --
RATES.
It is ordered by this Courte and authority there-
of That every inhabitant shall henceforth contrib-
ute to all charges, both in church and common-
wealth, whereoſ hee doth or may receive benefitt;
and every such inhabitant who shall not voluntarily
contribute proportionably to his ability with the
rest of the same towne, to all common charges, both
civil and ecleseasticall, shall bee compelled there-
unto by assessments and distress, to be levyed by the
constable or other officer of the towne, as in other
81
cases; and that the lands and estates of all men,
whereever they dwell, shall be rated for all towne
charges, both civil and, eclesiasticall, as aforesaid,'
where the lands and estates shall lye, and theire per-
sons where they dwell. . . .
*for a more equall and ready way of raising meanes
of defraying of publique charges in time to come,
and for preventing such inconveniences as have
fallen out uppom former assessments;
It is ordered and enacted by the authority of this
Courte, that the treasurer for the time being, shall
from yeare to yeare, in the first month, without ex-
pecting any other order, send forth his warrant to
the constables of every towne within this jurissdic-
tion, requiring the constable to call together the
inhabitants of the towne, whoe being so assembled,
shall chuse three or four of theire able inhabitants
whereof, one to bee a commissioner for the towne,
who shall some time or times in the sixth month
then next ensuing, make a list of all the male per-
sons in the same towne, from sixteene yeares old
and upwards, and a true estimation of all personall
and reall estates being, or reputed to bee, the estate
of all and every the persons in the same towne, or "
otherwise under theire custody or managing, accord-
ing to just valuation, and to what persons the same
belong, whether in theire owne towne or other-
where, as neare as they can, by all lawfull wayes
and meanes, which they may use, viz. of howses,
lands of all sortes, as well unbroken up as other,
except such as doth or shall lye common for free
food of cattle to the use of the inhabitants in gene-
rall, whether belonging to townes or perticular per-
sons, but not to bee kept or hearded uppon it to the
dammage of the proprietors, mills, shipps, and all
83
small vessells, merchantable goods, cranes, wharfes,
and all sortes of cattle, and all other knowne estate
whatsoever; as allso, all visible estate, either at sea,
or on shoare; all which persons and estates, are by
the said commissioners and selectmen, to bee as-
sessed and rated, as here followeth, viz. every per-
son aforesaid, except magistrates and elders of the
churches, two shillings sixpence by the head, and
all estates both reall and personall, at one penny for
every twenty shillings, according to the rates of
cattle hereafter mentioned; and for a more cer-
taine rule in rating of cattle, every cowe of foure
yeare old and upward, shall bee valued at five
pounds, every heifer and steare between three and
foure yeare old, foure pounds, and between two and
three yeare old fifty shillings; and between one and
two yeare old, thirty shillings; every oxe and bull
of foure yeare old and upwards, six pounds; every
horse and mare of foure yeare old and upwards,
twelve pound, of three yeare old, eight pounds,
betweene two and three yeares old, five pounds, of
one yeare old, three pounds; every sheepe of one
yeare old thirty shillings; every goate above one
yeare old eight shillings; every swyne above one
yeare old, twenty shillings; and all cattle of all
sortes, under a yeare old, are hereby exempted; as
allso, all hay and corne in the husbandmans hand,
because all meadow, earable ground, and cattle are
rateable as aforesaid. And for all such persons as
by the advantage of theire artes and trades are
more able to helpe beare the publique charge, then
common labourers, and workmen, as butchers, ba-
kers, bruers, victuailers, Smiths, carpenters taylors,
shoemakers joiners, barbers, millers and masons,
with all other manuall persons and artists, such are
to be rated for theire returnes and gaines propor-
tionably unto other men for the produce of theire
83
co
estates; provided, that in the rate by the polls, such
persons as are disabled by sickness, lameness, or
other infirmities, shall be exempted; and for such
servants and children as take not wages, theire pa-
rents and masters shall pay for them, but such as take
wages shall pay for themselves. . . . -
4nd it is further ordered, That the commissioners
for the severall townes uppon this river, shall yeare-
ly meet uppon the third Thursday in the sixth month
at Hartford; and the commissioners for the townes
of Ffairefeild and Strattford, shali meett the same
day in one of those townes, and bring with them,
fairely written, the just number of males listed as
aforesaid, the assessment of estates made in theire
severall townes, according to the rules and direc-
tions in this present order expressed. And the said
comissioners being so assembled, shall duely and
carefully examine all the said lists and assessments
of the severall townes, and shall correct and perfect
the same, according to the true intent of this order,
and the same so perfected, they shall transmitt un-
der theire hands, to the generall courte, the second
Thursday in September, and then directions shall
bee given to the Treasurer for gathering of the said
rate, and every one shall pay theire rate to the
constable of the towne where it shall bee assessed ;
nor shall any land or estate bee rated in any other
towne, but where the same shall lye, is or was im-
proved to the owners, reputed owners, or other
proprietors use or behoofe, if it bee within this
jurissdiction. And for all peculiars, viz. Such
places as are not yet laid within the bounds of any
towne, the same land, with the persons and estates
thereupon, shall bee assessed, by the rates of the
towne next unto it, and the measure or estimation,
shall bee by the distance of the meeting howses ;
84
and if any of the said comissioners, or of the se-
lectmen, shall willingly faile or neglect to performe
the trust committed to them, by this order, in not,
making, correcting, perfecting or transmitting any of
the said lists or assessments, according to the intent
of this order, every such offender shall bee fyned
forty shillings for every such offence, or so much as
the country shall bee damnified thereby, so as it ex-
ceeds not forty shillings for one offence; provided,
that such offence or offences bee complained of and
prosecuted in due course of law, within six months.
And it is further ordered, That uppom all distresses
to bee taken for any of the rates and assessments
aforesaid, the officer shall distreine goods or cattle,
if they may bee had ; and if no goods, then lands
or howses, and if neither goods nor lands can bee
had within the towne where such distresses are to
bee taken, then uppon such returnes to the treasur-
er, he shall give warrants to attache the body of
such persons to bee carried to prison, there to bee
kept till the next courte, execept they put in se-
curity for theire appearance there, or that payment
bee made in the meane time. . t -
And it is further ordened, That the prises of all
sortes of corne to bee received uppom any rate by
virtue of this order, shall bee such as the courte
shall sett from yeare to yeare, and in default there-
of they shall bee accepted at the price current, to
bee judged by the said comissioners. *
And it is further ordered, That all estates of land
in England, shall not be rated in publique assess-
ment. , ', ' ' -
It is allso provided and ordered, That all towné-
rates shallbee made after the same manner, and by
the same rule, asthe country rate.
85
e • * , - \
Whereas much wrong hath beenc done to the coun-
try, by the negligencé of constables in not gath-
ering such levyes as they have received warrants
from the Treasurer, during theire office :
It is therefore ordered, That if any constable shall
not have gathered the levyes comitted to his charge
by the Treasurer then being, during the time of his
office, that he shall notwithstanding expiration of
his office, have power.to levye by distress, all such
rates and levyes; and if he bring them not in to the
old treasurer, according to his warrants, the Treas-
urer shall distreine such constables goods for the
same ; and if the Treasurer shall not so distreine
the constable, hee shall bee answerable to the
country for the same ; and if the constable bee
not able to make payment, it shall bee lawfull for
the Treasurer, old or new respectively, to distreine
any man or men of that towne where the constables
are unable for all arrearages of levyes, and that
man or men, upport petition to the Generall courte,
shall have order to collect the same againe, equally
of the towne, with his just dammages for the same.
It is further ordered by this Cowrie, That all col-
lectors and gatherers of rates, shall appoint a day
and place, and give reasonable warning to the in-
habitants to bring in theire proportions, uppon
which, cvery man so warned, shall duely attend to
bring in his rate, or uppon neglect thereof, shall
forfeitt two pence in the shilling for what hee falls
shorte, and the said collector shall have authority
hereby to distreine the delinquents, or bee accounta-
ble themselves for the rates and penalties so neg-
lected by them. -
ſ 8
RECORDS.
... It is ordered by this' courte, and authority thereof,
That the towne clark or register in the severall
townes of this jurissdiction shall record, all births
and deaths of persons in theire towne, and that all
parents, masters of servants, executors and ad-
ministrators respectively, shall bring into the regis-
ter of theire severall townes, the names of such
persons belonging to them or any of them, as shall
either bee borne or dye ; and allso, that every new
married man shall likewise bring in a certificate of
his marriage, under the hand of the magistrate
which married him, to the said register, and for each
neglect, the person to whome it doth belong, shall
forfeittas followeth, viz. If any person shall neglect
to bring in a noate or certificate as aforesaid, togeth-
er with three pence a name, to the said register, for
all births and deaths, and sixpence for each mar-
riage to bee recorded, more then one month after
such birth, death or marriage, shall forfeitt for
every default, five shillings, and the penalty further
increased, uppon longer neglect, according to the
judgement of the courte; and the register of each
towne shall yearely, convey to the Secretary of the
courte, a true transcript of the births, deaths and
marriages given under theire hands, with a third
arte of the aforementioned fees, under the penalty
of forty shillings for every such neglect, all which
forfeitures shall bee returned into the Treasury;
allso, the grand jurors may present all neglects of
this order. -
It is ordered by the anthority aforesaid, That the
severall townes within this jurissdiction, shall each
of them provide a ledger booke, with an index or
87
alphabett unto the same, allso shall chuse one whoe
shall bee a towne clerke or register, whoe shall be-
fore the Generall courte in September next, record
every mans howse and lands already graunted and
measured out to him, with the bounds and quantity
of the same ; and whosoever shall neglect three
months after riotice given, to bring in to the said
towne clerke or register, a noate of his howse and
land, with the bounds and quantity of the same, by
the nearest estimation, shall forfeitt ten shillings;
and so ten shillings a month, for every month hee,
shall so neglect; the like to bee done for all lands
hereafter graunted and measured to any ; and if
any such granter, being required by the grantee, his
heirs or assigns, to make an acknowledgment of any
graunt, Sale, bargaine or morgage by him made,
shall refuse so to do, it shall bee in the power of
any magistrate, to send for the partye so refusing,
and committ him to prison without bayle or maine-
prise, untill he shall acknowledge the same : And
the grantee is to enter his caution with the record-
er, and this shall save his interest in the meane
time; and all bargaines or morgages of lands what-
soever, shall bec accounted of no value untill they
bee recorded : for which entry the register shall
receive six pence for every parcell, delivering every
owner a copy of the same under his hand; whereof,
foure pence shall bee for himselfe, and two pence
for the secretary of the courte. And the said
register shall, every Generall courte, in May and
September, deliver unto the same, a transcript,
fairely written, of all such graunts, bargaines or in-
gagements, recorded by him in the towne booke;
and the secretary of the courte, shall record it in
a booke fairely written, provided for that purpose,
and shall preserve the coppy brought in under the
88 .
hand of the towne clarke; Allso, the said towne
clarke shall have for every search of a parcell, one
penny, and for every copy of a parcell, two pence,
and a copy of the same under the hand of the said,
register, or towne clarke, and two of the men
chosen to governe the towne, shall bee a sufficient
evidence to all that have the same. . . . . -
Ffor the better keeping in minde, those passages.
of Gods providence, which have beené remarkable,
since our first undertaking of these plantations ;
Mr. Deputy, Capt. Mason, Mr. Stone with Mr.
Goodwyn, are desired to take the paines severally,
in theire severall townes, and then jointly together,
to gather up the same, and deliver them into the
Generall courte in September next, and if it bee
judged then fitt, they may bee recorded : and for
future times, whatsoever remarkable passages shall
bee, and if they bee publique, the said parties are
desired to deliver in the same to the Generall courte;
but if any perticular person doe bring in any thinge,
hee shall bring it under the hands of two of the
aforementioned parties, that it is true, then present
it to the Generall courte, that if it bee there judged
requisitt, it may bee recorded ; provided, that any
Generall courte, for the future, may alter any of
the parties before mentioned, or add to them, as
they shall judge meett.
It is allso ordered by this courte; and degreed, That:
after the death and decease of any person possessed
of any estate, bee it more or less, and whoe mak-
eth a will in writing, or by word of mouth, those
men which are appointed to order the affaires of
the towne, where any such person deceaseth, shall
within one month after the same, at furthest, cause
a true inventory to bee taken of the said estate, in
writing, as allso, take a copy of the said will or
89
testament, and enter it into a booke, or keepe the
coppy in safe custody; as allso, enter the names
uppon record, of the children, and legatees of the
testator or deceased person : And the said orderers
of the affaires of the towne, are to see every such
will and inventory, to bee exhibited into the pub-
lique courte, within one quarter of a yeare, where
the same is to bee registred : And the said order-
ers of the affaires of the towne, shall doe theire
indeavors in seeing that the estate of the testator
bee not wasted nor spoiled, but improved for the
best advantage of the children or legatees of the
testator, according to the minde of the testator, for
theire, and every of theire use, and theire and eve-
ry of theire allowance and approbation: But where
any person dyeth intestate, the said orderers of the
affaires of the towne, shall cause an inventory to
bee taken, and then the publique courte may graunt
the administration of the goods and chattles to the
next of kinn, jointly and severally, and devide the
estate to wife, (if any bee) children or kindred, as
in equity they shall see meett. And if no kindred
bee found, the courte to administer for the publique
good of the common; provided there bee an inven-
tory registred, that if any of the kindred, in future
time, appeare, they may have justice and equity
done unto them. And all charges that the publique
courte, or the orderers of the affaires of the towne
are at, about the trust committed to them, either
for writing or otherwise, to bee paid out of the
estate. - - 4.
Whereas allso, it was recomended by the com-
missioners, that for the more free and speedy pas-
sage of justice in each jurissdiction, to all the con-
federates, if the last will and testament of any
person, bee duely prooved in, and duely certified
tº S;
90
from any one of the colonyes, it bee without delay,
accepted and allowed in the rest of the colonyes,
unless some just exception bee made against such
will, or the prooving of it, which exception to bee
duely forthwith duely certified back to the colony
where the said will was prooved, that some just
course may bee taken to gather in and dispose the
estate without delay or dammage; And, allso, that
if any knowne planters or settled inhabitants, dye
intestate, administration bee graunted by that colo-
ñy unto which the deceased belong, though dying
in another colony: And the administration being
duely certified to, bee of force for the gathering in
of the estate, in the rest of the colonyes, as in the
case of wills prooved, where no just exception is
returned : But if any person possessed of an estate,
whoe is neither planter, nor settled inhabitant in
any of the colonyes, dye intestate, the administra-
tion (if just cause bee found to give administration)
beegraunted by that colony where the person shall
dye and departe this life, and that cafe bee taken
by that governement, to gáther in and secure the
estate, untill it bee demaunded, and may bee deliv-
ered according to rules of justice; which uppon
due consideratic n, was confirmed by this courte, in
the behalfe of this colonye, and ordered to bee at-
tended in all such occassions, for the future; pro-
vided, the Generall courtes of the other colonyes,
yeild the like assent thereunto. - .
SCHOOLES.
It being one cheife project of that old deluder,
Sathan, to keepe men from the knowledge of the
scriptures, as in former times, keeping them in an
unknowne tongue, so in these latter times, by
91

perswading them from the use of tongues, so that
at least, the true sence and meaning of the origin-
all might bee clouded with false glosses of saint
seeming deceivers; and that learning may not
bee buried in the grave of our forefathers, in
church and commonwealth, the Lord assisting ,
our indeavors ; t . y
It is therefore ordered by this courte and authority
thereof, That every towneshipp within this juriss-
diction, after the Lord hath increased them to the
number of fifty howshoulders, shall then forthwith
appointe one within theire towne, to teach all such
children, as shall resorte to him, to write and read,
whose wages shall, bee paid, either by the parents
or masters of such children, or by the inhabitants
in generall, by way of supplye, as the major parte
of those who order the prudentialls of the towne,
shall appointe ; provided, that those who send theire
children, bee not oppressed by paying much more
then they can have them taught for, in other townes.
And it is further ordered, That where any towne
shall increase to the number of one hundred fami- .
lies or howshoulders, they shall sett up a grammar
schoole, the masters thereof, being able to instruct.
youths, so farr as they may bee fitted for the uni-
versity, and if any towne neglect the performance
hereof, above one yeare, then every such towne
shall pay five pounds per annum, to the next such
schoole, till they shall performe this order. -
The propositions concerning the meintenance of .
schollars at Cambridge, made by the comissioners,
is confirmed. --
...And it, is ordered, That two men shall bee ap-
pointed in every towne within this jurissdiction,
whoe shall demand what every familye will give,
and the same to bee gathered and brought into some
92
roome, in March ; and this to continue yearely, as
It shall bee considered by the comissioners.
- - - - - - - / r -
SECRETARY.
It is ordered and decreed, That within twenty dayes
after the session of every Generall courte, the 'se-
cretary thereof, shall send forth copies of such
lawes and orders as are or shall bee made, at either
of them, which are of generall concernement for
the governement of this commonwealth to the con-
stables of each towne within this jurissdiction, for
them to publish within Fourteene dayes more, at
some publique meeting in theire severall townes,
and cause to bee written into a booke and kept for
the use of the towne, and once every yeare, the
constables in each towne, shall read or cause to bee
read, in some publique meeting, all the capitall
lawes, and give notice to all the inhabitants, where
they may, at any time, see the rest of the lawes
and orders, and acquaint themselves therewith :
And the secretary of the courte, shall, have twelve
pence, for the copy of the orders of each session
as aforesaid, fröm each of the townes. 3.
And it is further ordered, That the secretary of
the courte, shall record such wills and inventories
as are exhibited into the said courte, and shall fyle
the originall of them, and give a coppy thereof, to.
such as desire it, for which hee shall have for every
record of any will or inventory, or both, which is
above the summ of forty pounds, three shillings
foure pence, and for every coppy of them, or either
of them, one shilling eight pence ; and for every
search or supervising of them, six pence ; allso,
for recording of every will or inventory, or both,
which is above the Summ of thirty pounds, and
|
23. , ºr
tº
under the summ of forty pounds, two shillings six
pence; and for every coppy of them, or either of
them, fifteene pence, and for every search or super-
vising of them, foure pence ; allso for every at-
tachement, twelve pence, and for every bond or
recogniscance in or about the same, six pence ;
allso, for every execution above five pounds, the
secretary shall have twelve pence, and for every
execution under five pounds, six pence; allso, for
six pence, and for the withdrawing of it, twelve
pence, which shall bee paid before the bounden bee
freed from his said recogniscance. . •
It is allso ordered, That whosoever shall take out
any warrant from the secretary of the courte, that
concerns an action, shall before hee hath a warrant,
enter his action with the secretary, and then take
out his warrant for summons to answer the same,
for which they shall pay for every entry, twelve
pence, and for every warrant, foure pence, though
they agree with theire defendants before the courte:
Allso, if any other magistrate shall graunt a war-
rant, which concerns an action, they shall enter.
the action in a small booke for that purpose, before
the entry of every or any recogniscance in courte,
they graunt the warrant, and shall make a due re-
turne, at every courte, to the secretary thereof, what
such warrants, and to whome they have graunted,
and all such persons shall bec as lyable to pay
twelve pence for every such action, to the secretary
of the courte, as, if they should have had theire
warrants of him. . * * -
STRAYES.
It is ordered by this Courte, and authorily thereof,
That whosoever shall take up any straye beast, or
}
94
find any goods lost, whereof the owner is not
... --
knowne, he shall give notice thereof to the consta-
ble of the same towne, within six days, who shall
enter the same in a booke, and take order that it
bee cryed at theire next lecture day, or generall
meeting upport three severall dayes, and if it bee
above twenty shillings value, at the next markitt,
or two next townes publique meetinge, where no
markitt is within ten miles, uppon paine, that the
partye so finding, and the said'constable having such
notice, and failing to doe as is heereby appointed,
to forfeitt either of them, for such default, one
thirde parte of the value of such straye, or lost
goods. º - -
And if the finder shall not give notice as afore-
said, within one month, or if hee keepe it more then
three months, and shall not aprize it by sufficient
men, and allso record it with the register of the
towne where it is found, hee shall then forfeitt the full
value thereof, and if the owner appears within one
yeare after such publication, hee shall have restitu-
tion of the same, or the value thereof, hee paying
all necessary charges, and the constable for his care
and paines, as one of the next magistrates, or one
of the townsmen shall adjudge ; and if no owner
appeare within the time prefixed, the said straye or
lost goods shall bee thus devided, one fourth parte
thereof with his reasonable charge, shall bee to
the finder; one fifth parte thereof, or ten shillings,
to the constable, at the choyce of the courte, and
the rest to the commonwealth ; provided there bee
three streakes clipt in the haire of the neare but-
tock, six inches long, that they may bee knowne. .
95
SWYNE.
It is ordered by this courte, That all the Swyne,
either hoggs or shoates, in the severall plantations,
that are kept at home within the towne, shall, by
September next, bee ringed or yoaked, or kept up
in theire yards, under the penalty of foure pence
for every such swyne, to bee paid by the owner, to
the party that shall take the swyne so defective, and
Impound them ; allso, all such as are kept by heards
in the woods, shall, not bee suffered to abide above
one nighte, in the towne ; but that it shall bee law-
full to impound them, in case they come at any time
home, from the middle of March to the middle of
November. (Ffairefeild and Strattford desire to bee,
included in this order.) - . .
/ ".
Ffor the better preserving corne and meadow on
the east side of the Great River; * -
It is ordered by this courte, That there shall no
hoggs nor Swyne of any sorte bee put over thither,
or kept there, at any time after the publishing of -
this order, except they bee kept out of the bounds
of the severall townes, or in theire yardes, under
the penalty of two shillings a head for every hogg
or Swyne, for every time they shall bee found there,
contrary to this order. " . ... "
TIMBER,
It is ordered by this courte, That no timber shall
bee felled within three myles'of the mouth of Mat-
tabeseck river, nor at unseasonable times, viz. from
the beginning of Aprill to the end of September;
98
and that it be improved into pipe-staxes, or some
other merchantable commodity, within one month
after the felling thereof, or carted together; and
that the timber so inproved, shall not bee trans-
ported from the river, but for discharge of debts,
or fetching in some necessary provision.
TOBACKO. -
florasmuch as it is observed, that many abuses are
crept in, and comitted, by frequent taking of to-
backo. -
It is ordered by the authority of this Courte, That
no person under the age of twenty one years, nor
any other, that hath not already accustomed him-
selfe to the use thereof, shall take any tobacko
untill bee hath brought a certificate under the hand.
of some who are approved for knowledge and skill
in phisick, that it is usefull for him, and allso, that
hee hath received a lycense from the courte, for
the same-And for the regulating of those, who
either by theire former taking it, have, to theiro
owne apprehensions, made it necessary to them, or
uppon due advice, are pursuaded to the use thereof.
It is ordered, That no man within this colonye
after the publication hereof, shall take any tobacko.
publiquely, in the streett, highwayes, or any barné
yardes, or uppon training dayes, in any open pla-
ces, under the penalty of six-pence for each offence
against this order, in any the perticulars thereof, to
bee paid without gainesaying, uppon conviction, by
the testimony of one witness, that is without just
exception, before any one magistrate. And the
constables in the severall townes, are required to
* 97
make presentment to each perticular courte, of
such as they doe understand, and can evict to bee
transgressors of this order. *
TRESSPASSES.
It is ordered by this Courte and authority thereof,
That if any horse or other beast, trespass in corne,
or other inclosure, being fenced in such sorte as
secures against cowes, oxen, small calves, and such
like orderly cattle, the party or parties tresspassed,
shall, procure two able men of good reporte and
creditt, to view and adjudge the harmes, which the
owner of the beast shall satisfie (when knowne) up-
pon reasonable demaund, whether the beast were
impounded or not; but if the owner bee knowne
and neare residing, as in the same towne, or the
like, notice shall bee left at the usuall place of his
aboade, of the trespass, before an estimation bee
made thereof, to the end hee, or any others ap-
pointed by him, may bec present wheti the judge-
ment is made ; the like notice allso, shall bee left
for him, of the dammage charged uppon him, that
if hee approve not thereof, hee may repaire to the
select townsmen, or some of them, who shall, in
such case, nominate and appoint two able and in-
different men, to review and adjudge the said
harmes, which being forthwith discharged, togeth-
er with the charge of the notice, former and latter
view, and determination of dammages, the first judge-
ment to bee void, or else to stand in lawe.
TREASURER.
It is ordered, That the Treasurer shall deliver no
money out of his hands, to any person, without the
9
* 98 °
hands of two magistrates, if the summ bee above.
twenty shillings; if it bee under, then the Treas-
urer is to accept of the hand of one'; but if it bee
for the payment of some bills to bee allowed, which
are referred to some comittees to consider of,
whether allowed or not, that such bills as they al-
lowe and sett their hands unto; the Treasurer shall
accept and give satisfaction. -
- WOATES.
It is ordered by this Courte, and decreed, That if
any person within these liberties, have beene or
shall bee ſyned or whipped for any scandalous of.
fence, hee shall not bee admitted, after such time,
to have any voate in towne or commonwealth, nor
to serve on the jury, untill the courte shall manifest
theire satisfaction. . . . . . &
VERDICTs.
That love and peace, with truth and righteousnes
may continue and flourish in these confederated
colonyes. r A
It was uppon the recommendation of the com-
missioners, ordered, that any verdict or sentence of
any courte within the colonyes, presented under
authentique testimony, shall have a due respect in
the severall courtes of this jurisdiction, where
there may be occasion to make use thereof; and
shall bee accounted good evidence for the partye,
untill better evidence, or other just cause appeare,
to alter, or make the same voide; and that in such
case, the issuing of the cause in question, bee re-
spited for some convenient time, that the courte
99
may be advised with, where the verdict or sen-
tence first passed; provided notwithstanding, that
this order shall bee accounted valid, and improved
onely for the advantage of such as live within some
of the confoederated, colonyes, and where the ver-
dicts in the courts of this colony, may receive re-
ciprocall respect by a like order established by the
Generall courte of that colonye. •.
WYNE AND STRONG WATER.
Whereas many complaints are brought into the
courte, by reason of diverse abuses that fall out
by severall persons that sell wyne and strong
water, as well in vessels on the river, as allso in
severall howses, for the preventing hereof, -
It is now ordered by the authority of this Courte,
That no person or persons, after the publishing of this
order, shall neither sell wyne nor strong water, by
retaile, in any place within these libberties, with-
out license from the perticular dourt or any two ma-
gistrates, or where there is but one magistrate, by
a magistrate and one of those appointed to order the
affaires of the towne. - t
WATCHES.
It is ordered by this Courte, and decreed, That
there shall bee a sufficient watch meinteined in ev-
ery towne, and that the constable of each towne
shall duely warne the same, and see that the inhab-
itants or residents, doe severally in theire turnes,
observe the same, according as the inhabitants doe
agree: And this courte doth explaine, themselves,
and order, that whosoever within this jurissdiction,
100 -
that is lyable to watch, shall take a journeye out
of the towne wherein hee liveth, after he hath had
timely notice and warninge to watch, hee shall.
provide a watchman for that turne, though him-
selfe bee absent; and if any man that takes a jour-
nyſ', or goes out of the towne whérein hee liveth,
if hee returne home within a weeke after the
watch is past his howse, hee shall be called back
to watch that turne, past a weeke before.
And for the better keeping watches and wardes,
by the constables, in time of peace,
It is ordered by this Courte, and authority thereof,
That every constable shall present to one of the
next magistrates, the name of every person, who
shall uppon lawfull warning, refuse or neglect to
watch or ward, either in person, or some other,
fitt for that service; and if being convented, hee
cannott give a just excuse, such magistrate shall
graunt warrant to levye five shillings on every
such offender, for every such default, the same
to bee imployed for the use of the watch of the
same towne; and it is the intent of the lawe,
that every person of able body (not exempted
by lawe) or of estate to hire another, shall bee
lyable to watch, and warde, or to supplyè it by
some other, when they shall bee thereunto re-
quired; and if there bee, in the same howse, di-
verse such persons, whether sonnes, servants or
sojourners, they shall all be compellable to watch,
as aforesaid; provided, that all such as keepe
families at theire farmes, being remoate from any
towne, shall not be compellable to send theire
servants or sonnes from their farmes, to watch
and warde in the townes, - *
101
WOLVES.
Whereas great loss and dammage doth befall this
Commonwealth, by reason of wolves, which de-
stroy great numbers of our cattle, notwithstanding
provision formerly made by this courte for supres-
sing of them; therefore, for the better incourage.
ment of any to sett about a worke of so great con-
Cernement,
It is ordered by this Courte, and authority thereof,
That any person, either English or indian, that shall
kill any wolfe or wolves, within ten myles of any
plantation within this jurissdiction, shall have for
every wolfe by him or them so killed, ten shillings
paid out of the Treasurye of the country; provid-
ed, that due prooſe be made thereof, unto the plan-
tation next adjoining where such wolfe or wolves
were killed; and allso, bring a certificate under
some magistrates hand, or the constable of that
place, unto the Treasurer.
WRECKS OF THE, SEA.
It is ordered and decreed, and by this court declar-
cd, That if any shipps or other vessells, bee it freind
or enemye, shall suffer shipwreck upon our coasts,
there shall be no violence or wrong offered to
theire persons or goods, but theire persons shall be
harboured and releived, and theire goods preserved
in safety, till authority may bee certified, and shall
take further order therein.
9%
102
WESSELLS.
It is ordered by this Courte, and authority thereuf,
That no vessell nor boat, shall have libberty to goe
from any porte in any towne within this jurissdic-
tion, before they have entred with the register or
recorder, in each towne, what quantity of powder
and shott they carry forth with them in theire said
vessells, and shall take a certificate under the said
registers or recorders hand, of the same, paying to
him for every certificate, four pence; and if any
vessell shall attempt to goe from the said towne or
porte, or townes and portes, before hee hath entred
as aforesaid, or shall be found with any more or
greater quantity of powder and, shott, aboard the
vesselſ or vessells, then they had a certificate to
shew they had entred, shall forfeit and pay for
each default, the true value of all such powder and
shott as they should haye entred as aforesaid: And
all such persons, or masters of such vessells, shall
give a true account uppon theire return, to the said
recorder, where they have entered the premises,
how they have disposed thereoſ, uppon the former
penalty: And if the said towne register, or record-
er, shall have just cause to conceive that hee or
they carry forth more of the premises, then in an
ordinary way, is requisite for their necessary de-
fence and safety in theire intended voyage, then the
said persons of masters of vessells, shall give in se-
curity unto the said recorder, if by him required
thereunto, that hee shall give a due account to this
commonwealth, of the same, uppon his returne,
NEW HAVEN ANTIQUITIES.
OR •
Bºula tºys.
EXTRACTED FROM THE ANCIENT RECORDs of NEw-
sº. HAV EN.
At a Court held at JNew-Haven, A. D. 1643.
Andrew Low, jun. for breaking into Mr. Ling’s
house, where he brake open a cupboard and took
from thence some Strong Water,” and 6d. in mon-
ey, and ransackt the house from roome to roome,
> and left open the doors, for which fact being com
mitted to prison brake forth, and escaped, and still
remains horrible obstinate and rebellious against
his parents, and incorrigible under all the means
that have been used to reclaim him. Whereupon
it was ordered that he shall be as severely whipt as
the rule will bare, and work with his father as a
prisoner with a lock upon his leg so that he may
not escape. - -
JDecember 3d, 1651.
It was propounded that some safer way might be
found out to Connecticote, that the danger of the
East River may be avoyded. The new waye wi
\ w • , * Runy.

104
desired to be viewed again, as William Bradley of
fered to lend his cannow to lie in the East River, if
the town will find ropes to draw it to and agayne.
At a Court, held May i, 1660.
Jacob M. Murline and Sarah Tuttle being called
appeared, concerning whom the Governor declar-
ed, that the business for which they were warned
to this court he had heard in private at his house,
which he related to stand thus. $
On the day that John Potter was married Sarah
Tuttle went to Mistress, Murline's house for some
thredd, Mistress Murline bid her go to her daugh-
ters in the other roome, where they felle into
speeche of John Potter and his wife, that they were
bóth lame, upon which Sarah Tuttle said, that she
wondered what they would do at night. Whereup-
on Jacob came in, and tooke up or tooke away her.
gloves. Sarah desired him to give her the gloves,
to which he answered he would do so if she would
give him a kysse, upon which they sat down togeth-
er, his arme being about her waiste, and her arme
upon his shoulder or about his necke, and he kys-
sed her and she kyssed him, or they kyssed onean-
other, continuing in this posture about half an hour,
as Marián and Susan testified, which Marian, now
in court, affirmed to be so. * :
Mistress, Murline, now in courtisaid that she
heard Sarah say she wondered what they would do
at night, and shee replyed they must sleep; but it
was matter of sorrow and shame unto her.
Jacob was asked what he had to say to these
things, to which he answered that he was in the oth-
erroome, and when he heard Sarah speak those
words, he went in, when shee having let fall her
}
º, 105
gloves, he tooke them up and she asked him for
them, he told her he would if she would kysse him.
Further said hee tooke her by the hand, and they
both sat down upon a chest, but whether his arme
were about her waiste, and her arm upon his shoul-
der or about his neck, he knows not, for he never
thought of it since, till Mr. Raymond told him of it
at Mannatos for which he was blamed and told he
had not layde it to heart as he ought, But Sarah
Tuttle replied that shee did not kysse him. Mr.
Tuttle j that Marian hath denied it, and he
doth not looke upon her as a competent witness.
Thomas Tüttle said that he asked Marian if his sis-
ter kyssed Jacob, and she said not. Moses Mans-
field testified" that he told Jacob Murline that he
heard Sarah kyssed him, but,he denied it. But Ja-
cob grâunted not what Moses testified.
'Mr. Tuttle pleaded that Jacob had endeavoured
to steal away his daughter's affections. But Sarah
being asked if Jacob had inveagled her, she said
no. Thomas Tuttle, said that he came to their
house two or three times before he went to Hol-
land, and they two were together, and to what end
he came he knows not, unless it were to inveagle
her. And their mother warned Sarah not to keep
company with him. And to the same purpose
spake Jonathan Tuttle. But Jacob denied that he
came to their house with any such intendment, nor did
it appeare so to the court.
The Governor told Sarah that her miscarriage is
the greatest, that a virgin should be so bold in the
presence of others to carry it as she had done, and
to speãke suche corrupt words, most of the things
, charged against her being acknowledged by herself,
though that about kyssing is denied, yet the thing
is prooved. Sarah professed that she was sorry that

106
shee had carried it so sinfully and foolishly, which
she saw to be hateful. She hoped GOD, would
help her to carry it better for time to come. " -
The Governor allso told Jacob that his carriage
hath been very evil and sinful so to carry it towards
her, and to make such a light matter of it as not to
think of it, (as he exprest,) doth greatly aggravate,
and for Marian, who was a married woman, to suf.
fer her brother and a man’s daughter, to sit almost
half an hour in such a way as they have related was
a very great evil. She was told that she should
have showed her indignation against it, and have
told her mother, that Sarah might have been shut
out of doors. Mrs. Murline was told that she, hear-
ing such words, should not have suffered it. Mrs.
Tuttle and Mrs. Murline being asked if they had any
more to say they said no. . . .
Whereuppon the court declared, that we have
heard in the Publique Ministry that it is a thing to
be lamented, that young people should have their
meetings to the corrupting of themselves and one
another. As for Sarah Tuttle her miscarriages are
very great, that she should utter so corrupt a
speeche as she did concerning the persons to be
married, and that she should carry it in such a wan-
ton, uncivil, immodest and lascivious manner as
hath been proved. And for Jacob his carriage hath
been very corrupt and sinful, such as brings reproach
upon the family and place. g
The sentence therefore concerning them is, that
they shall pay either of them as a fine 20s, to the
Treasurer. f f A. *
107
4 Court holden 3d JNovember, 1639.
It is ordered, that Mr. Hopkins shall have two
hogsheads of lime for his present use, and as much
more as will finish his house as he now intends itt,
he thinking that two hogsheads more will serve.
It is ordered, that a meeting-house shall be built
forthwith, fifty foote square; and that the carpenters
shall fall timber where they can finde it till allot-
ment be layed ont, and men know ther own pro-
prietyes. . . . . .
It is ordered, that Mr. Gregson and Mr. Evance
shall have fower dayes liberty, after this day to
square their timber, before the former order shall
take hold of them. - -
It is ordered, that Mr. Eaton, Mr. Davenport,
Robt. Newnan, Matthew Gilbert, Capt. Turner
and Thomas Fflugill shall rom hence forward have
the disposing of all the horse lotts, yett undisposed
of, about this towne, to such persons as they shall
judge meete for the good of the plantation; and
thatt, none shall come to dwell as planters here
without their consent and allowance, whether they
come in by purchase or otherwise. -
. It is ordered, that every one thatt beares armes
shall be compleatly furnished with armes, (viz) a
muskett, a sword, vandaleers, a rest, a pound of
powder; 20 bullets fitted to their muskett, or 4
pound of pistoll shott, or Swan shott att least, and
be ready to show them in the market place upon
Monday the 6th of this moneth, before Captaine
Turner and Lieutenant Seeley, under the penalty of
20s fine for every default or absence. ?
- - \.
A Court hulden the 4th of December, 1639.
It is ordered that Thomas Saule shall agree with
Goodman Spinnage before the next Court, or else
108
the Court will determine the difference between
them. - s '...' .
Roger Duhurst and James Stewart are enjoyrieb
to make double restitution to John Cockerill for
five pound and seventeen shillings, which they stole
out of his chist on the , Lords day in the meeting
time, and they being servants to the said Cockerill,
for which aggravation they were whipped also. .
Thomas Manchester, servent to Mr. Perry, being
accused by his master for being drunk, and for giv-
ing his master uncomely language, for which his
master having given him some correction, the
Court (only) caused him to he sett in the stocks for
a certain time. º • * g
Nicholas Tamer, servant to the said Mr. Perry,
for drunkenness and abusing his master in words,
was whipped. -
ſ *
A General Court 4th of January, 1689.
It is agreed by the towne, and accordingly order-
ed by the Courte, that the Neck shall be planted
or sown for the term of seven years, and that John
Brockett shall goe about laying it out, for which,
and all differences, betwixt party and party about
ground formerly broke up and planted by English
there, shall be arbitrated by indifferent men, which
shall be chosen to that end. -
It is ordered, that some speedy course shall be
taken to keep hogs out of the neck. - g
It is ordered, that a convenient way to the Hay.
place be left comon for all the towne. . . "
It is ordered, that no cattell belonging to this
towne shall goe without a keeper after the first of
May next, \ }
109
}
A General Court, 5th February, 1639. -
It is ordered, thatt brother Andrews, bro. Kim-
berly, Wm. Enos and Sergeant Beckley shall assist
Mr. Ling to ripen Goodman Tap's business against
the next Courte, concerning his demands of certain
monyes which he disbursed for bringing cattell from
the Bay, appertaining to divers persons.
It is ordered, that brother Andrews shall detaine
so much of Robt. Campion, his wages in his hands,
as may secure a debt of 3!h which Mr. Moulend de-
maunds of the said"Robt.
It is ordered, that Mr. Moulend shall
Perry 20s which he owes to him. -
It is ordered, that Mr. Wilkee shall pay 5 bushells
and a halfe of Indian corne to Thomas Buckingham,
pay to Mr.
for corne destroyed by Mr. Wilks his hogs. "
Isaiah, Captaine Turner's man, fined 5lb for be. .
ing drunk on the Lords day. . . . . . ,
Wm. Bromfield Mr. Malbon's man was sett in the
stocks for prophaning the Lórd’s day and stealing
wine from his master, which he drunk and gave to
others. .
Ellice, Mr. Eaton's boy, was whipped for stealing
a sow and a goate from his master, and, selling them.
David Anderson was whipped for being drunke.
y John Fenner, accused for being drunke with
strong waters, was acquitted, it appearing to be
of infirmity, and occasioned by the extremity of the
cold. . . , ,
Mr. Moulend accused of being drunke, but nott
clearly proved, was respited. * ,
Peter Browne, Licensed to bake to sell, so long
as he gives no offence in It justly. . . . . .
18th February, 1639.
John Charles forbidden to draw wine, because
there hath been much disorder by itt, *
. . . 10
| 10
Goodman Leone was whipped and sent out of
the plantation, being not onely a disorderly person
himselfe, butt an incourager of others to disorderly
drinking meetings. . . . . -
George Spencer being prophane and disorderly
in his whole conversation, and an abettor of others
to sin, and drawing on others in to a conspericie to
carry away the Cock to Virgenia, was whipped and
sent out of the plantation.
John Proute, Hen. Brasier and William Brom-
field was whipped for joyning in the aforesaid con-
spericie, and the said Hen. and Wm. were ordered
to weare irons during the magistrate’s pleasure. +
A Courte holden the 1st of July, 1640.
Thomas Parsons and John – Servants to
Elias Parkmore, were whipped for their sinfull dal
liance and folly with Lydia Browne * ,
5th August, 1640. • *
It is ordered, that none in this plantatione shall ei
ther sell or lett a lott to any stranger, for years, with.
out allowance from the Courte.
It is ordered thatt att this day, every yeare all
the Ram Goates in the towne shall either be side
stringed, or some other Course taken with them-so
as they cannot Ram the Ewes till the fittest season.
4 Court held at New-Haven the 3d of the 7th month,
• * 1642. . .
Matthew Willson for killing a dog of Mr. Perry's,
willfully and disorderly, fined 20s for his disorder,
and ordered to pay 20s damage to Mr Perry, which
40s Edward Chipperfield, undertooke to see pay’d
by the last of September next.
John Lobell the Miller, for sinfull dalliance with
a little wench of Goodman Halls, was whipped.
I 11
* 8th month, 1642. ''' .
It is ordered, thatt whosoever findes any things
thatt are Lost shall deliver them to the Marshall,
to be kept safe till the owners challenge them.
JNew-Haven, 2nd JNovember, 1642.
Jeruas Boykin is ordered to pay unto George
Badcocke the sum of 20s for taking his cannow
without leave. -
It is ordered, thatt those who have their farmes .
att the River, Called stony River, shall have Liber-
ty to make a sluice in the River for their owne con-
venience. • *
\ ,
7th December, 1642.
Fforasmuch as John Owen hath had some damage
done in his corne by hogs, occasioned through the
neglect of Mr. Lamberton, John Bud and Will Pres-
ton, in not makeing up their fence in season, It is
therefore ordered, thatt the said Mr. Lamberton,
John Bud and Will Preston shall make Satisfaction
to the said John Owen, for the damage done; (viz.)
Eight days worke and two Pecks of Corne, which
is to be payd according to the several apportions of
ffence unset up respectively. ... — -
1st of 1st month, 1643.
John Lawrence and Valentine, servants to Mr.
Malbon, for Imbezilling , their masters Goods, and
keeping disorderly night Meetings with Will Hard-
ing, a Lewd and disorderly person, plotting with
him to carry their master’s daughters to the farmes
in the night, concealing divers' uncleane filthy dal-
liances; all which they confessed and was whip-
ped. 4.
112
Ruth Acie, a Covenant servant to Mr. Malbon,
for stubornes, lyeing, stealing from her Mrs. and
yeilding to filthy dalliance with Will Harding, was
whipped. w -
Martha Malbon, for consenting to goe in the
night to the farmes with Will Harding, to a venison
feast, for stealing things from her parents, and yield-,
ing to filthy dalliance with the said Harding, was
whipped; 4 * -
Goodman Hunt and his Wife, for keepeing the
Councells of the said William Harding, Bakeing
him a Pastry and Plum Cakes, and keeping Compa-
ny with him, on the Lord’s day, and she suffering
Harding to kisse her, they being onely admitted to
sojourn in this Plantation upon their good behav-
ior, was ordered to be sent out of this towne with
in one moneth after the date hereof; yea, in a shor-
ter time; if any miscarryage be found in them.
At a Court held at New-Haven, September 2, A. D.
1662. -
Edmund Dorman, plaintiff, entered an action of
slaunder or defamation against Jeremiah Johnson,
defendant. The plaintiff informed against him
that he had heard that J. Johnson had reported at
John Olvarde’s house, that he heard Dorman at
prayer in a swamp for a wife, and being asked by
John Olvarde who the person was, he answered that
it was his mare. And there was other circumstan-
ces of scoffing, &c. t - r
The defendant was asked whether he graunted
the thing or denied. The defendant desired proof
and that the witnesses might speake apart. Jöhn
Olyarde was first called, who testified that Johnson
}: at his house, he heard him say, that he heard
£dmund Dorman at prayer in a swamp, (by John
113
Downes's,) for a wife; and Sayde, ‘Lord thou'
knowest my necessitie and canst, supplie it. Lord
bend and bow her wille, and make her sensible of
my condition or necessitie.” He asked Jeremiah
who it was : he answered it may be his mare, that
she might be made servissable. John Olvarde.
being asked when it was, he said it was since har-
vest. : . r - " - " ,
Stephen Bradley being called also testified the
same thing. The defendant being asked what he
had to say for himself, said he thought Bradley did
it out of revenge. But he was told he must prove
him a false person upon record, or perjured, or that
he doth it out of revenge at this time. The de-
fendant further said he did expect some other per.
sons that was present at John Olvarde’s would have
been here, therefore did refuse to make his defence
further at this time; and desired that the witnesses
might not be sworn. ! - } -
Then Jeremiah was told that it is a fearful thing
to come to that height of sin, as to sit in the seat
of the scorner. Therefore the court told him they
should defer this business, and warned him to at-
tend the next particular court to give answer here-
unto. • ‘
{ December 3d, 1651.
Will Harding being convicted of a great deal of
base carriage with divers yonge girls, together with
enticing and corrupting divers men servants in this
plantation, haunting with them at night-meetings
and juncketings, &c. was sentenced to be severely
whipped, and fined 5l. to Mr. Malbone, and 5l. to
Will Andrews whose famylyes and daughters he
hath so much wronged, and presently to depart the
plantation, and not to retourne under the penalty
of severer punishment. *
t . . . 10°
114
1642. Samuel Hoskins' and Elizabeth Cleverly
being desirous to join together in the state of mar-
riage, and not being able to make proof of their
parent’s consent, but seeing they both affirm they
have the consent of their parents, and withall
having entered into contract, and sinfully and wick-
edly made themselves both unfit for any other, and
for which they have both received Publique cor-
rection, upon these considerations granted them
liberty to marry. . . . . .
1643. Margaret Bedforde being convicted of
divers miscarriages, was severely whipped, and or-
dered to be married to Nicholas Jennings with whom,
she hath been naught. . . . . . . .
#
The following is the most ancient record of the Colo-
ny of New-Haven, and is a curiosity in the history
of civil government,
THE4th day of the 4th moneth, called June, 1639, all the
free planters assembled together in a general meetinge, to
consult about settling civil government according to
GOD, and about the nomination of persons that may be
found by consent of all fittest in all respects for the foun
dation work of a Church which was intended to be gather-
ed in Quinipieck. After sollemine invocation of the name
of GOD in prayer, for the presence and help of his spirit .
and grace in these, weighty businesses, they were remin-
ded of the business whereabout they met (viz) for the es
tablishment of such civil order as might be most pleasing
unto GOD, and for the chusing the fittest men for the
foundation work of a church to be gathered. For the .
better enabling them to discerne the minde of GOD, and
to agree accordingly concerning the establishment of civil
order, Mr. John Davenport propounded divers queries
theni, publickly praying them to consider seriously in
115
, the presence and feare of GOD the weight of the business
they met about, and not to be rash or sleight in giving'their
votes to things they understood not, but to digest fully and
thoroughly what should be propounded unto them, and
without respect to men, as they should be satisfied and
perswaded in their own minds to give their answers in
such sort as they would be willing they should stand upon
record for posterity.
This being earnestly expressed by Mr. Davenport, Mr.
Robert Newman was intreated to write in charracters
and to read distinctly and audibly in the hearing of all
the people, what was propounded and accorded on, that
it might appear that all consented to matters propounded
according to words written by him.
Quiere 1. Whether file Scriptures doe holde fourth a
perfect rule for the direction and government of all men'
in all duteyes which they are to perform to GOD and
men as well in the government of fa:mylyes and common-
wealths as in matters of the church 2 - t
This was assented unto by all, no man dissenting, as was
expressed by holding up of hands. Afterwards it was
read over to them, that they might see in what wordes
their vote was expressed : they againe expressed their
consent thereto by holding up their hānds, no Inan dis-
senting. i - •
Quaere 2. Whereas there was a covenant sollemmely
made by the whole assembly of free planters of this plan-
tation, the first day of extraordinary humiliation that we
had after we came together, that as in matters that con-
cer, the gathering and ordering of a church, so likewise
in all publique offices, which concern civil order, as
choyce of magistrates and officers, making and repealing
of laws, divideing allotments of inheritances, and all
things of like nature we would all of us be ordered by
those rules which the scripture holds forth to us. This
covenant was called a plantation covenant to distinguish
it from a church covenant, which could not at that time
be made, a church not being then gathered, but was de-
ferred till a church might be gathered according to GOI).
It was demanded whether all the free planters doe holde
thenselves bound by that covenant in all business of that
nature which are expressed in the covenant, to submit
themselves to be ordered by the rules which are held
. *r
forth in the scripture,
116.
This also was assented unto by all, and no man gain-
saied it, and they did testify the same by holding up their
handes, both when it was first propounded, and af.
terwards confirmed the same by holding up their .
hands when it was read unto them in publique. John
Clark being absent when the covenant was made doth
now manifest his consent to it. Also Richard Beach, An-
drew Low, Goodman Bamster, Arthur Halbidge, John
Potter, Richard Hill, John Brockett, and John Johnson,
these persons being not admitted planters when the cove-
nant was made doth now expresse their consent to it.
Quaere 3. 'Those who have desired to be received as
free planters and are settled in the plantation with a pur-
posed resolution and desire that they may be admitted
into church fellowship, according to Christ, as soon as
GOD shall fitt them thereunto, were desired to expresse
it by holding up of hands, accordingly all did express
this to be their desire, and purpose by holding up their
hands twice, (viz) both at the proposal of it, and after
when these written words were read unto them.
Quaere 4. All the free planters were called upon to
express whether they held themselves bound to establish
such civil order as might best conduce to the securing
the purity and peace of the ordinances to themselves and
their posterity, according to GOD. In answer hereunto
they expressed by holding up their hands twice as before.
That they helde themselves bound to establish such civil
order as might best conduce to the ends aforesaid.
Then Mr. Davenport declared unto them by the scrip-
tures what kind of persons might best be trusted with
matters of government, and by sundry arguments from
scripture proved that such as were described Ex. 18. T. .
Deut. 1. 13. with Deut. 19. 15. and 1 Cor. 6. I to 7, ought
to be entrusted by them, seeing they were free to cast
themselves into that mould and forme of commonwealth
which appeareth best for them in reference to the secure-
ling the pure and peaceable enjoyment of all Christ his
ordinonces in the church according to GOB, whereunto
they have bound themselves as hath been acknowledged.
Having said this he sat down, praying the company free-
ly to consider whether they would have it voted at this .
time or not. After some space of silence Mr. Theophilus
Eaton answered it might be voted, and some others also
117
spake to the same purpose, none at all opposing it. . Then
it was propounded to vote. . . -
Quaere 5. Whether free Burgesses shall be chosen out
of Church members, they that are in the foundation work
of the chuch being actually free burgesses, and to Čhuse.
to themselves out of the like estate of church fellowship,
and the power of chusing magistrates and officers from
among themselves and the power of making and repeal-
ing laws according to the word, and the dividing of inhe-
ritances, and the deciding differences that may arise, and
all the businesses of like mature are to be transacted by
those free burgesses. . . - * -
This, (viz. Quaere 5.) was put to vote, and agreed unto by
the lifting up of hands twice, as in the former cases it was
done. Then one man stood up after the vote was past,
and expressing his dissenting from the rest, in that yet
granting, 1. That magistrates should be men fearing
GOD, 2. That the Church is the company whence ordi-
narily such men may be expected. 3. That they that
chuse them ought to be men fearing GOD, onelye at this
he stucke, That free planters ought not to give the power
out of their hands. . . . . - -
Another stood up and answered that in this case nothing
was done but with their consent. The former answered
that all the free planters ought to resume this power into
their own hands again if things were not orderly carried.
Mr. Theophilus Eaton answered that in all places they
chuse committees. In like manner the companys of Lon-
don chuse the liverys by whom the publique magistrates
are chosen. In this the rest are not wronged : because
they expect to be of the livery themselves, and to have the
same power. Some others intreated the former to, give
his arguments and reasons whereupon he dissented. He
refused to doe it, and said they might not rationally de-
maund it, seeing he let the vote pass on freely, and did
not speak till after it was past because he would not hin-
der what they agreed upon. Then Mr. Davenport, after
a short relation of some former passages between them
two about this question, prayed the company that no-
, thing might be concluded by them in this weighty
question, but what themselves were persuaded to be agree-
ing with the minde of GOD, and they had heard; what
had been sayd since the vote, intreated them agayne to
i 18
consider of it and agayne to put it to vote as before.
Agayne all of them, by holding up their hands, did shew
their consent as before. . And some of them professed,
that whereas they did waver before they came to the
assembly, they were now fully convinced, that it is the
minde of GOD. One of them said that in the morning
before he came, reading Deuteronomy iſ. 15, he was con-
vinced at home. Another said that he came doubting to
the assembly, but he blessed GOD, by what had beene said
he was now fully satisfied that the choyce of burgesses
out of Chūrch members and to intrust these with the
power before spoken of, is according to the Irúnde of
GOD revealed in the scripture. All having spoken their
apprehensions it was agreed upon, and Mr. Robert New-
man was desired to write it as an order whereunto every
one that hereafter should be admitted here as planters
should submit, and testify the same by subscribing their
names to the order, namely, - - { -
That Church Members only shall be free Burgesses,
and that they only shall chuse magistrates and officers
among themselves, to have the power of transacting all
publique civil affairs of this plantation, of making and
repealing laws, devideing of inheritances, deciding 6.
differences that may arise, and doing all things or busi-
messes of like nature. - -
This being settled as a fundamental artircle concerning
civil government, Mr. Davenport propounded and pro-
posed some things to consideration aboute the gatheringe
of a Church. And to prevent the blemishing of the first
beginnings of the worke, He advised that the names or
such as were to be admitted might be publiquely pro-
pounded, to the end that they who were most approved
might be chosen ; for the town being cast into" several
private meetings wherein they that dwelt nearest together
gave their accounts one to another of GOD’s gracious
work upon them, and prayed together, and conferred to
their mutual edification, sundry of them had knowledge
one of another, aid in every meeting some one was more
approved of all than any other, For this reason, and to
prevent scandalls, the whole company was intreated to
consider whom they found fittest to nominate for this
- worke. - • - .
Quraee 6. Whether are you all willing and do agree
in this, that twelve men be chosen, that their fitness for
119
- * * * \ - -
the foundation work may be tried, however there may be
more named, yet it may be in their power who are chosen
to reduce them to twelve and it be in the power of
those twelve to chuse out of themselves 7, that shall be
most approved of the major part to begin the church.
This was agreed upon by consent of all, as was expres-
sed by holding up of hands, and that so many as should
be thought fit for the foundation work of a church shall
be propounded by the plantation and written down, and
passe without exception, unlesse they had given public
scandal or offence, yet so as in case of publique Scandall
and offence, every one should have liberty to propound
their exceptions at that time publiquely against any man
that should be nominated when all the names should be
writ down, but if the offence were private, that men's
names might be tendered, so many as were offended,
were intreated to deal with the offender privately. And
if he gave not satisfaction to bring. the matter to the
twelve that they might consider of it impartially and in
the feare of GOD. The names of the persons named and
agreed upon were Mr T. Eaton, Mr. J. Davenport, Ro-
bert Newman, Matthew Gibb, Richard Malthie, Nathaniel
Turner, Thomas Fugill, John Punderson, William An-
drews, John Dixon. No exception was brought against
any of these in public, except one about taking an exces-
sive rate for meal that he had sold to one of Pequonnock
in his neede, which he confessed with grief, and declared
that having been smitten in heart, and troubled in his
conscience, he offered such a part of the price back again,
with confession of his sin to the party, as he thought him-
self bound to do. And it being feared that the report of
the sin was heard further than the report of his satisfac-
tion a course was concluded on to make the satisfaction,
to as many as heard of the sin. It was also agreed upon
at the said meetinge, that if the persons above named
did find themselves straitened in thº number of fit men
for the 7, that it should be free for them to take into tryal
of fitnesse such other as they should think meete. Pro-
vided that it should be signified to the town upon the
Lord's day who they so take in that every man may be
satisfied of them, according to the course formerly taken.
[The foregoing was subscribed and signed by one hun-
eleven persons.] ... - -
*
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