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 wwww^wywwi^^^pmpr^
 
 BLUE LAWS OF CONNECTICUT. 
 
 THE CODE OF 1650; 
 
 BEING A COMPILATION OF 
 
 THE EARLIEST LAWS AND ORDERS 
 
 or THE 
 
 GENERAL COURT OF CONNECTICUT: 
 
 ALSO, TUB 
 
 CONSTITUTION, OR CIVIL COMPACT, 
 
 INTERED INTO XND ADOPTED BY THE TOWNS Of 
 
 WINDSOR, HARTFORD, AND WETHERSFIELD, 
 
 IN 1638-9. 
 
 TO WHICH IS ADPK8 
 
 SOME EXTRACTS FROM THE IAWS AND JUDICIAL 
 JROCKEPINGS OF NEW-HAVEN COLONY 
 
 COMMONLY CALLS* 
 
 BLUE LAWS. 
 
 CINCINNATI: 
 PUBLISHED BY U. P. JAMES, 
 
 NO. 167 WALNUT STREET.
 
 DISTRICT OF CONNECTICUT, ss. 
 Lg T>E IT REMEMBERED, That on the first dny of 
 
 January, in the forty-sixth year of the 
 ilence of the United States of America, SILAS A.NI>RI;S, ol 
 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 KJ50, heing a com- 
 pilation of the earliest laws and orders of the General 
 Court of Connecticut. Also, the Constitution, or civil com- 
 pact, entered into and adopted hy the towns of Windsor, 
 llartfonl and Wethersfield. in 16;J8-9. 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 (he United 
 States, entitled, " An act for the encouragement of learn- 
 ing, by securing the copies of Maps, Charts and Hooks, to 
 the authors and proprietors of such copies, during the 
 tinifj 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
 
 ADVERTISEMENT. 
 
 THE following sheets contain an exact copy of the con 
 Mitution, or form of civil government, as adopted by the 
 towns of W.ndsor, Hartford and Wethersfield, and the 
 Code of IG 1 }"), as confirmed by the General Court of Con- 
 necticut. These were both taken from the original re- 
 cords retrioiningin the office of the Secretary for the State, 
 flinch time and accuracy were required to obtain an ex- 
 act copy, on account of the orthography, and particularly 
 for the reason, that the record, in some parts, was nearly 
 obliterated, and in others, totally gone. Other parts of 
 the recotd, therefore, have been resorted to, and the copy 
 rendered complete. The ancient orthography has been 
 acciPiitely preserved. 
 
 ThU small volume is offered to the public, without apo- 
 logy ot comment : nor does the publisher deem it neces- 
 sary l o detail the reasons which induced him to undertake 
 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 KJ75, 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 read the capital 
 laws at some public meeting. 
 
 To this Code may be traced the origin of almost all our 
 civil and religious institutions. Our ancestors 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 
 exigences of the commonwealth required, and such as 
 may be supposed to exist in the infancy of civil g>vcri) 
 qienu.
 
 AN INDEX 
 
 TO THE PRINCIPAL MATTERS. 
 
 Actions Civil, proceeding on the trial of, by jury. 60, 61 
 
 court may vary the verdict of the jury. 
 Adultery, how punishable. - 
 
 Age and ability of persons. ... W, 21 
 
 Arrests, the person not to be arrested or imprisoned for debt, if 
 sufficient estate can he found. 21 
 
 debtors not to remain in prison, unless estate be concealed ib. 
 
 Assembly General, at what times to he holden. - 12 
 
 of what officers and persons constituted - 12, 14 
 
 powers of. - - 12, 14, 17 
 
 members of, when and how chosen. 12 
 
 how convened. - - -14 
 
 stated and social sessions of, when called by the freemen. 14, 15 
 powers of such courts. - 15 
 
 A s iignment in service, of poor debtors, when authorized. 21 
 Attachment, tor contempt of court, when to be issued. - 22 
 
 of lands or estate, when authorized. . - ib. 
 
 to be made for the benefit of all or any of the creditors. ib. 
 il oppressive, the party to pay damages. * 22, 23 
 
 notice to the defendant, what. ... 23 
 
 fytllast, not to be taken from any shore, or thrown into any 
 harbour ... . 23, 24 
 
 Barratry, defined and punishable. 24 
 
 Bensriality, how punishable. 28 
 
 Bills, assignable. - . ... 24 
 
 Births, to be recorded. . .... 86 
 
 Rlasj>hemy how punishable. . 23 
 
 feounds of towns to be set out. .... 25 
 
 to be renewed and perambulation performed, yearhf ib. 
 
 of lands of individuals, to be perambulated. - ib. 
 
 Burglary, how punishable, - - 26 
 
 Capital Laws. . . . . 28, 29 
 
 Casks, assize of - . 31 
 
 Cattle to be ear-marked. 33 
 
 Caoeat may l>c entered with the register, against the alienation 
 of lands of fraudulent or insolvent debtors effect thereof-- 
 and mode of proceeding in such cases. - . 35,36,37 
 
 Children, how to be instructed. ... 33, 39 
 
 when to be bound to masters. . . - 39 
 
 to be bred to some employment. - . - 39 
 
 Church, members of, amenable to the civil power for ecclesiasti- 
 cal offences. - ... 44 45 
 censure of not to degrade any one from any civil dignity. 45 
 Commi.tsiontrs, form of oath of, prescribed. 77 
 Com>r\n Coasters, punishable for idluness. . . 8t
 
 INDEX. 
 
 Common FteMs, how to he improved. - - 34 
 
 previsions relating to fences and damage Hone therein. 34, 35 
 
 individuals may inclose their own grounds. - -35 
 
 Conspiracy, how punishable. 29 
 
 Constables, their powers, duties and liabilities. 40, 41 
 
 when to he chosen and sworn. - - - 41 
 
 form o|' oath of presented. ... 75 
 
 Constitution of civil Government, of 1638, 9. . 11 to 19 
 
 Contemners of God's holy ordinances, how punishable. 43, 44 
 
 Contempt, attachment lor. - - 22 
 
 Coopers, to be provided with brands. 31 
 
 Courts, disorders in, punishable. - . -38 
 
 secrets of, revealing of, how punishaolc. - ib. 
 
 defamation of, punishable. - - * fi6 
 
 Crimea and Pvniahmtnts, burglarv how punishable: .- 26 
 
 RoMiery. . " - . ,H.. ib. 
 
 theft and pilfering. - - - 26, 11 
 
 jimsd.ctionof magistrates in case of theft. >Wv* - 27 
 
 heresy witchcraft bla*pheniy murder poisoning beastiality 
 sodomy adultery, how punishable. - -28 
 
 rape inanstealing false witness conspiracy invasion and re- 
 bellion cursing of parents, how punishable. 29 
 stubbornness how punishable. ... 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- 
 ing themselves from justice. - ... 60 
 their withdrawing to stand instead of one witness. ib. 
 manslaughter, what. - - 66 
 Cruelty not to be exercised towards any beast kept for the use of 
 nan. . . . . . 42 
 
 Cursing 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. - - - - - 40, 41 
 
 Delinquents, committed, liable to pay costs of prosecution, and 
 
 prison fees. ...... 42 
 
 judgment against by whom to be executed. 45, 46 
 
 Deputies from the several towns, to attend the general courts. 14 
 
 how and by whom chosen. - \ -=^- 15 
 
 their qualifications. - .'.- ib. 
 
 number of from each town. **.<, 15,16 
 
 their power. - .. 16 
 
 vacancies how supplied. ib. 
 
 n eeting of, previous to any general court, and to examine 
 the.r own elections. - - - ib. 
 
 Disability of persons convicted of scandalous offences. 98 
 
 Duress conveyances, deeds, promises, obta'ned by, void. 41 
 
 Ecclesiastical Affairs, contenmers of God's holv ordinances, how 
 punishable. - - - ' 43.44 
 
 neglect of public worship, puuisiiftbie. 44
 
 INDEX. 
 
 civil power to be exercised to enforce the observance of chri 
 
 tian ordinances. ...... flv 
 
 church i-ni-iiiir not to di-iiradr any man from any civil dicni'.y. 4 > 
 
 mintie ul (lie gOM*l, IKMW maintained. - - 71 
 
 Klf.rlnm, Court of, 'when lu be holili-n, am! how constituted. 12, 14 
 
 Extents, ..... . 45 
 
 Enitlenre, the withdrawing of criminals from justice to stand in- 
 stead of one witness. CO 
 Execution, goods taken in execution, to be appraised and delivered 
 to the creditor in full satisfaction. - - 45 
 how levied in ordinary cases. - - 63 
 what estate exempt from. - ib. 
 Fences, hetween lands of adjoining proprietors how made and 
 
 maintained, when one shall improve before anoiher. - 32 
 
 in co union tie). Is, regulated. - . 34, 35 
 
 Cprietors of common fields may inclose their own lands. 35 
 
 v erected hetween adjoining proprietors. * - 4(> 
 
 Fines, how levied. .... - 46, (J3 
 
 Fire the kindling of fires at certain seasons, prohibited. 47 
 
 double damages recoverable for Inirinii^ or destroying timber, &c. ib. 
 Foreigners, their land and estate liable to attachment. - 22 
 
 Foreign Jmlgttmt, verdicts and sentences of courts in any of 
 
 the colonies, their credit and effect. - 98,09 
 
 Forgery, how punishable. .47 
 
 Fornication, iiow punishable. - . 48 
 
 Fowlers Unprofitable, punishable for idleness. - 50 
 
 Fraudulent Conveyances, void. . 41 
 
 Freemen, their qualifications, and how admitted 12 
 
 form of oatli of prescribed. - .76 
 
 Geuernl Assembly or Court, at what times to be liolJen. - 12 
 
 of what officers and persons constituted. - . 12,14 
 
 general powers of. - - - 12,14,17 
 
 members of, when and how chosen. ... 12,15 
 
 how convened. - ... .14 
 
 stated and special sessions of, when called by the freemen. 14, 15 
 
 powers of such courts. - 15 
 
 quorum of, how formed. . 1 7 
 
 Governoiir, when and how elected. . - 12, 13 
 
 eligible only once in two years. . 13 
 
 qualifications of. .... 14 
 
 form of oath of, prescril>ed. . 75 
 
 Grand Jury, when to attend the court, their number and duties. fi2 
 
 form of oath of prescribed. - - - 77, 78 
 
 Heresy, how punishable. . -28 
 
 Highway*, how repaired. - . -49, .'-0 
 
 Horses, penalty and punishment for taking them from any cow- 
 
 mon, &c. and using them. - - 31, 82 
 
 Hue and Cry, how put forth and prosecuted. 40, 41 
 
 'il/eness, punishable. .... 50 
 
 Imprisonment for debt. . . . - 21 
 
 Indians, provisions relating to their punishment for trespasses 
 aiki ufleuces, for regulating the unercQiirse between them
 
 INDEX. 
 
 anr! the English and for instructing them in matters of reli- 
 gion and civilization. - - . - 5* to 57 
 persons joining ami settlin:> with them, punishable. - 53 
 Inn Keepers, provisions relating to their employment. 57 to 60 
 one inn-keeper to he provided in each town. - 58 
 Inque.-it, Jury i,f, to be summoned in case of untimely deaths. 42 
 Jury and ./i/ror.s jury of .vhat number to consist. . 60 
 two thirds of their nmnher may return a verdict. 61 
 special verrl.ct. ... . jfo. 
 
 may he returned to a second consideration. ib. 
 
 when a second jury may he impannelled. - ib. 
 
 form of jurors oath prescribed. . tJ . 77 
 
 Land, bounds of, to be perambulated, and mear-stones crecte'l 
 and preserved. ... 25, 26 
 
 free fro n feudal burthens. 62 
 
 grants of to be recorded. . 80, 87 
 
 Lascivious Carriage, how punishable. .- 30 
 
 Lying, punishable. - *' < > * 64, 65 
 
 M.igi-itrate-s, when and how elected. - - - 12,13 
 
 Magistrates, to be propounded at some general court proceeding 
 
 their elect on. - .... 13 
 
 their qualifications. . 13, 11 
 
 defamation of, how punishable. - 67 
 
 for.n of oath of, prescribed. ... 75 
 
 Mm-ilaughter, what. ..... 66 
 
 M-m-stealing. how punishable. ... 29 
 
 M.irriage, publication of intention of, what. 67 
 
 persons under the government of parents, &c. not to contract 
 matrimony without consent. - ... 68 
 
 to be recorded. ...... 86 
 
 Mirsh<ill, fees of, slated. - - - . 68, 69 
 
 his duty. ..... 69 
 
 Master and Servant, persons not to entertain j'oung men in their 
 
 families - 65 
 
 young unmarried men not to keep house in certain cases. 65 
 
 servants prohibited from making contracts. .';*. . ib. 
 
 labourers to work the whole day. '"''. 66 
 
 runaway servants to be pursued. . . ib. 
 
 to serve three fold the time of their absence. - - ib. 
 
 Military Jljf'airs, provisions relating thereto. 70 to 74 
 
 Murder, how punishable. - -28 
 
 Cuths, form of. - - +"' . . 75 to 78 
 
 Peuge, how to he assorted and strung. - - 78 
 
 Perambulation 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. ... 78 
 
 Pounds and Pound Breach, pounds to be erected and maintained. 78,79 
 
 cattle impounded, when to be cried. -#.'-.! . 79 
 
 pound breach and rescue, punishable. v '- ib. 
 
 Profjine Swearing .punishable. '*.>: 80 
 
 Rape, how punisuabl*. i 39
 
 INDEX. 
 
 Record, of birth*. ... 
 
 of neaths. . . - 
 
 ol marr.age*. - - - 
 
 ol lands - - - 
 
 of remarkable passages of God's proridence. 
 
 of heirs ami legatees. .! 
 
 of inventories. - ib. 
 
 Replevin, when to be granted. ... 
 
 /fig-Afc secured. - . 18, 19. 
 
 Robbery, how punishable. . 26 
 
 Schools common, when to be set up. - - i?l 
 
 grammar, when lo lie kept. - ib. 
 
 maintenance of scholars at the University at CambnJgt. ik 
 
 Secretary, form of oatli of, prescribed. 77 
 
 duties ami fees of. 92,93 
 
 Serreti of Court, revealing of, how punishable. 
 
 Seronnti ami Apprentice*, how lo be instructed, &C, 38, 39 
 
 Muffle Rtiiird, game of, prohibited. ... 
 
 Snilnm'/, how punishable. ... 28 
 
 Spiritou* Liquors, sale of, without licence, prohibited. 99 
 
 Strai/s, how to be disposed of. ... 93, 04 
 
 Stubbornness, how ptmislnble. - 29, 3D 
 
 Summon*, in civil process, wliat. ... 21 
 
 Swine, to be ringed and yoked, or kept in yards. - 95 
 
 Tiiteg, how levied. - - 18,63, 80 to 85 
 
 Testamentary Affairs, testate and intestate estates, how disposed 
 of. . -. 88 to 90 
 
 proof and authentication of wills in foreign jurisdictions, to be 
 allowed. - . . . 89,90 
 
 Theft, liow punishable. - 26, 27 
 
 jurisdiction of magistrates, in cases of. 27 
 
 Timber, not to be felled at certain seasons of the year, and pro- 
 visions relating to the use and transportation of it 95,96 
 Tobacco, the use of it restricted. ... 96 f 97 
 takers of punishable for idleness. 50 
 7b?en$, bounds of, to be set out and perambulated. . 25 
 Treasurer, not to deliver money from the treasury without 
 
 vouchers. ... - 97, 98 
 
 TrestHiues, damage done by cattle in cornfields, &c. how estimated. 97 
 
 Verdict the court may vary the verdict of a jury, as to the 
 
 amount of da-nages. - - - 6t 
 
 in foreign jurisdictions, to be allowed here, in certain cases. 98, 99 
 
 Vexatious suit, defined, and the party nneable. 42 
 
 Wotck, to bee maintained, and neglect of punishable. 99, 100 
 
 W-Ar* and Measures, to be sealed. - - 69, 70 
 
 WiUt, to be recorded. ... . 88, 89 
 
 proof of, in foreign jurisdictions, to be allowed. - 89, JK1 
 
 H'ine an I Slrnng Water, sale of without licence prohibited. 9 ) 
 
 H-VicAcrn/Y, how pun shable. W 
 
 WVttt*, IvMJiity allowed for the destruction of. . IGt 
 
 Worskfp, C^iri.itmn, neglect of, punishable. - 44 
 
 public, guards at places of. ... 43 
 
 Wrtda, patsous audjpodi wracked, tqbe rel*!ivd aud preserved 101
 
 FFORASMUCH 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 arid resi- 
 dents of Windsor, Hart ford 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 
 
 of the Gospcll 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 chill 
 affaires to be guided and governed ac- 
 cording to such lawes, rules, orders, and 
 decrees, as shall bee made, ordered, and 
 decreed, as folio wcth: 
 
 1 . // 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 f.he 
 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 ycare ensuing, and untill another 
 bee chosen, and no other magistrate to bee chosen 
 for more then one ycare ; provided always, there 
 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 juris&diction, 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. // is ordered, sentenced, and decreed, That the 
 Llec.ion of the aforesaid magistrate shall bee oil
 
 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 uppon, 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. 
 
 3. // 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 eletition : And 
 to that end, it shall be lawfull for each of the Townes 
 aforesaid, by theire Deputies, to nominate 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, smtenced and decreed, That no 
 pe sou bee chosen Cover..cr above once in two
 
 14 
 
 years, and that the Governor bee always a membei 
 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 pnblique 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. // 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 General! 
 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 himsclfe 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, uppon any special! oc- 
 cassion, to call a Gencrall Courte, they may give 
 order to the Secretary so to doe, within fourteene 
 daycs warning, and if urgent necessity so require, 
 uppon a shorter notice, giving sufficient ground* 
 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 General! standing 
 Courts, or either of them ; as allso. at other times, 
 when the occasions 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
 
 denied or neglected, the said Freemen or the major 
 parte 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 
 may. 
 
 7. 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 oi 
 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- 
 Baid 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 Wcathersfeild. shall have 
 power, each Towne, to send fourc of theire Free- 
 men as theire Deputyes, to every General! Courte, 
 and whatsoever other Towncs shall bee hereafter 
 added to this Jurissdiction, they shall send so many 
 Deputyes, as the Courte shall judge mectc : 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 
 puhliquc good, and unto which the said Towns are 
 to bee bound : And it is allso ordered, that if any 
 Deputyes shall bee absent uppon 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 General! Courte. to advise and con- 
 suite 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 if 
 they or the greatest parte of them, tinde any elec- 
 tion to be illegall, they may seclude such for pres- 
 ent, from theire meetinge, and returne the &ame and 
 theire reasons to the Courte ; and if it proove true, 
 the Courte may fyne the party or partycs so intru- 
 ding, and the Towne if they see cause, and give 
 out a warrant to goe to a new election in a legall 
 way, either in parte or in whole. Aliso the said 
 Deputyes shall have power to fyne any that shall
 
 17 
 
 bee disorderly at theire meeting, or for not coming 
 in due time or place, according to appointment, and 
 they may ictiirne the said fyne into the Courte, if 
 it bee refused to bee paid, and the Treasurer to 
 take notice of it, arid to estreite or levye as hee doth 
 other fynes. 
 
 1 0. // is ordered, sentenced and decreed, That ev- 
 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 foure 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- 
 Ject or 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 whjch said Generull Courts, shall consiste the Su- 
 preme power of the Commonwealth, and they one- 
 ly shall have power to make lawes and repeale 
 them, to graunt levyes, 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- 
 rnen ; in which Courts the Governor or Moderator 
 ..hall have the power to order the Courte, to give 
 iibbertye of Speech, and silence unreasonable and 
 disorderly speaking, to put all things to voate, aud 
 B 2
 
 18 
 
 in case the voate bee equal), 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 PcrticularCourte accord- 
 ing to the lawes established : And in case the Gover- 
 nor or Deputy Governor bee absent, or some way or 
 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 
 Deputy did sitt in Courte. 
 
 J I . It is ordered, sentenced, and decreed, That 
 when any Generall Courte, uppon the occassions 
 of the Commonwealth, have agreed uppon any 
 summ or summs of monye, to be levyed uppon the 
 severall Townes within this Jurisdiction, that a 
 Comittee bee chosen, to sett out and appoint, what 
 shall bee the proportion of every Towne to pay of 
 the said Jevye ; Provided the Comittee bee made 
 up of an equall number out of each Towne.(l) 
 
 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 beene and ever will 
 
 bee the tranquillity and stabillity of Churches and 
 
 Commonwealths ; and the denyall or deprivall 
 
 thereof, the disturbance, if not ruine of both: 
 
 1 2. // is thereof ordered by this Courte, and au- 
 
 (1 ) The eleven preceding sections were " voated"or enart- 
 
 pi at a General Courte. held January 14th, 1838; and the 
 
 following provision Was added at th? revision in 1650.
 
 19 
 
 tlwrity 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, restrcined, 
 bannishcd, 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 pcrticular case, 
 by the word of God. 

 
 ABILITF. 
 
 It is ordered by this Conrte, 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 othei 
 lawfully Alienations of their goods and estates, and 
 may bee plaintiffs in a civill Case. 
 
 I Eleusie txciverat. Vulg6 Eleusi mutavit J. Gron 
 vius, iigi,rrnantque F'lor. et Reus iscjn uuibus niendu se. 
 
 ACTIONS. 
 
 Rhenunum daceuia inillia praferunt. Joseph us, Zonaras 
 
 // is further ordered and decreed, That in all Ac- 
 lions brought to any Courte, the Plaintiff ahall have 
 hbberty 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 Courle, the former nonsute 
 being first recorded.
 
 AGE. 
 
 // is ordered ly this Courte and the authority there' 
 of, that tiiC 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 bee 
 twenty and one yeares ; but in case of choosing of 
 Guardians, fourteene years. 
 
 ARRESTS. 
 
 // is ordered, and decreed by this Court and au- 
 thority thereof, That no person shall bee 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 bee ar- 
 rested and imprisoned, where hee shall bee kept nt 
 his owne charge, not the plaintiffs, till satisfaction 
 bee made, unless the Courte that had cognicance ot 
 the cause, or some superior Courte. shall otherwise 
 determi-ne. 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- 
 isfye by service, if the creditor require it ; but shall 
 not bee sould to any, but of the L^nglish nation. 
 
 ATTACH EM ENT. 
 
 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-
 
 der some Magistrate or Magistrates hand 01 
 mentioning the time and place of appearance, and 
 if the said partye or partyes do not appeare ac- 
 cording to the said warcant or summons, uppon 
 Affidavitt first made, of the serving of the said 
 person or persons, the Conrte shall graunt an at- 
 tachement against the person or persons delin- 
 quent, to arrest or aprchcnd 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 cogniscante of the said business in question, 
 and uppon returne of the said Attachemenl. the 
 said (/'ourte 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. 
 
 It is allso ordered. That attachcments to seize 
 uppon any man's lands or estate bee oncly graunt- 
 ed for, or against, such goods as are Horrcigwrs, 
 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 cowey 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 anv 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
 
 pretence of a great summ ; and if it bee not prov- 
 ed to bee due, in some neire portion to the summ 
 challenged, and mentioned in the Attachernent, 
 then the security given shall bee I) able to such 
 dammages as are susteined thereby. 
 
 It is further ordered and decreed by this Courtr, 
 That whosoever takes out an Attachernent against 
 any man's person, goods, chatties, 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 bee awarded to him by the Courte ; and 
 in all Attachements 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 
 after judgement, and in payment of flynes :) provid- 
 ed in like manner hee put in good securitye to pros- 
 ecute his replevye, and to satishe such dammasres, 
 demaunds, or dues as his adversary shall recover 
 against him in lawe. 
 
 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, nppon the penalty of six pence for every 
 ehovell full so taken ; unless such stones as they had 
 /aid there before : It is allso ordered by the autlwr-
 
 ity aforesaid, That no shipp nor other vesscll shaft 
 cast out any Ballast in the channel! or other place 
 inconvenient, in any harbor within this Jurissdio 
 tion ; uppon the penalty of Ten Pounds. 
 
 BARRATRY. 
 
 It is ordered, decreed, and by this Conrle declare J t 
 That, if any man bee proved arid adjudged a com- 
 mon Barratcr vexing others with unjust, frequent, 
 and needless sutes ; it shall bee in the power of 
 Courtcs, both, to reject his cause, and to punniah 
 him for Barratry. 
 
 BILLS. 
 
 // is ordered by the authority of this Coitrte j That 
 any Debt or Debts due uppon Bill or other speciali- 
 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 original! Creditor might have done : 
 provided the said assignment be made uppon the 
 backside of the Bill or speciality, not excluding 
 any just or cleare interest any man may have in 
 any Bills or specialtyes made over to them by Let- 
 ters of Attorney e, or otherwise. 
 
 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 lo bee
 
 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 twoJve months after the publishing 
 hereof, and after their Bounds are graunted, and 
 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 Townes, to goe the Bounds betwixt theire 
 said Townes, and renew their markes, which 
 markes shall bee 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 t'~e time and place of meeting for this perambu- 
 lation, which time shall bee in the first or second 
 month, uppon painc of five pounds forever) 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, andat 
 the charge of the scverall Townes : 
 
 dud it is further ordered, That if any perlicular 
 proprietor of lands lying in common v/ith others 
 shall refuse to goe by himselfc or his assigne, the 
 Bounds betwixt his Innd and other mens, once a 
 yeare, in the first or second month, beeing request- 
 ed thereunto, uppon one weekes warning, hee sliall 
 forfeit for every day so neglecting, ten shillings, 
 ha lie to the party mooving thereto, the other halfe 
 to the Towne ; and the owners of all appropriated 
 3
 
 grounds shall Bound every pertioular parcell there- 
 of wilh sufficient mearc-stones and shall preserve 
 and keepe them so, uppon the former penalty. 
 
 BURGLARY AND THEFT. 
 
 Fforasmuch as many persons of late yea res have 
 beene and are apt to be injurious to the goods 
 and lives of others, notwithstanding all care and 
 mcanes to prevent and punish the same ; 
 
 /if is therefore ordered by this Courte and authority 
 thereof. That if any person shall cornmitt Burglary 
 by breaking up any dwelling howse, or shall robbany 
 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 
 f or 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 
 hee put to death. 
 
 Secondly, for the prevention of pillfring and Theft. 
 
 ft is ordered by this Courte and mtlhonty thereof, 
 That if any person, whether children, servants or 
 others, shall bee taken or known to robb any orch- 
 y-ud or garden, that shall hurte or steale away
 
 27 
 
 any grafts or fruite trees, fniits, linnen, woollen, or 
 any other goods left out in orchyards, gardens, bark- 
 sides, or other place, in hovvse or feilds, or shall 
 steale any wood, or other goods from the waterside, 
 from rnens dores or yards, hee shall forfeitt treble 
 damrnage to tho owners thereof, and such sevcere 
 punnishrnent as the Courte shall thinkc meetc. 
 
 And forasmuch as many times it so falls out, that 
 small thefts and other offences of a criminal) na- 
 ture are committed, both by English and Indians 
 in Townes remote from any prison, or other tilt 
 place, to which such malefactors may bee com- 
 mitted till the next Courte ; 
 
 // is therefore hereby ordered, That any Magis- 
 trate uppon complaint made to him, may heare. and 
 uppon due proofe determine, any such small offen- 
 ces of the aforesaid nature, according to the lawcs 
 hecre 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 exceed 
 not forty shillings; provided allso, it shall bee law- 
 full for either partyc to appeal to the next Courtu 
 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 lyrics 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. 
 
 It is allso ordered that all servants or workcmen 
 iiiibeazling the goods of theire masters, or such as 
 tstt them on worke, shall make restitution and bee 
 'able to all lawcs and pcnaltyes, as other men.
 
 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. 
 
 2. If any man or woman bee a Witch, that is, 
 hath or consulteth with a farnilliar spirritt, they 
 shall bee put to death. Exodus 22. 13. Levit. 20. 
 27. Deut. 18. 10, 11. 
 
 3. If any person shall blaspheme the name of 
 God the tlather, 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 willful] mnr- 
 ther, which is manslaughter committed uppon mal- 
 ice, hatred or cruelty, not in a man's necessary Mid 
 just defence, nor by mere causualty against his will, 
 hee 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 
 rurely bee put to death, and the beast shall be slainc 
 and buried. Levit. 20. 15. 16. 
 
 7. If any man Iveth with mankind as hee lyeth 
 with woman, both of them have committed abomi- 
 nation, they both shall surely be put to death. 
 Levit. 20. 13. 
 
 8. If any person committeth adultery with a rnar 
 ried or espoused wife, the Adulterer and the Adul- 
 teress shall surely bee put to death. Levit. 20. 10, 
 <uul 18. 20. Deut. 22. 23, 24.
 
 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 wittncss, 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 sucn 
 children, or so provoke them by extreme 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 yea res and understand- 
 ing, viz. Six(eene 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 
 vill not hearken unto them ; then may his {fa- 
 ther and mother, being his naturall parents, lay 
 hold on him and bring him to the Magistrates 
 assembled in Conrte, and testitie unto them, that 
 thcire sonne is stubborne and rebellious and will 
 not obey theire voice and Chastisement, but lives in 
 sundry notorious Crimes, such a sonne shall bee put 
 to death. Dut. 21. 20, 21.
 
 so 
 
 Ft is alho ordered by this Courte, and authority 
 thereof, That whatsoever Childe or servant within 
 these Libberties, shall bee convicted of any stub- 
 borne, or rebellious carriage against their parents 
 or governors, which is a forrunnerof the aforemen- 
 tioned evills ; the Governor or any two Magistrates 
 have libberty, and power from this Courtc, to com- 
 mit! such person or persons to the House of Cor- 
 rection ; and there to rcmaine under hard labour, 
 and severe punnishmcnt so long as the Courte, or 
 the major parte of the Magistrates, shall judge 
 mccle. 
 
 And whereas frequent experience, gives in sad ev- 
 idence of severall other vvaycs of uncleanes, and 
 .ascivious carnages, practised amongst us ; where- 
 unto in regard e of the variety of circumstances, 
 pcrticiilar and express lawes and orders cannott 
 suddenly be suted ; this Courte cannott but looke 
 upon evills in that kinde, as very pernitious and 
 destructive to the wellfare of this Commonwealth : 
 
 And, doe judge, that severe and sharpe punnish- 
 ment, should bee inflicted uppon such delinquents > 
 And as they doe approve of what hath beene al- 
 ready done, by the pcrticiilar Courte, as agreeing 
 with the General! power formerly graunted ; so 
 they doe hereby contirme the same power to the 
 pcrticular Courte ; whoe may proceed either by 
 fyne, committing to the house of correction, or 
 other corporal! punnishmcnt, according to theire 
 discretion ; desir.'ng such seasonable and exempla- 
 ry executions, may bee done upon offenders in that 
 kiiide, that others mav heart- and fcarc.
 
 31 
 CASCK AND COOPER. 
 
 // is ordered by this Courte and Authority thereof, 
 That all Casck ued for Tarr 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 titt persons shall be appointed from time 
 to time, in all placess needfull to gage all such ves- 
 sells or Casck?, 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-rnarke, on his owne Casck, 
 upon paine of forfeiture of Twenty shillings in ei- 
 ther case, and so proportionably for lesser vessells. 
 
 CATTLE, CORNEFEILDS, 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 
 my leave or privity of theire owners : 
 
 ft 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, uppon any Common, out of 
 any common-feild or elsewhere ; Except such bee 
 taken damrnage-faisant, and disposed of according to
 
 n 
 
 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 haw. 
 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, unfenced ; 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 metis 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 sime : 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 halfe of the fence 
 between them, whether he improve or not. 
 
 Provided all?o, that no man shall bee lyable to 
 satisfie for dammage done in any ground not suffi- 
 ciently fenced ; except it shall bee for darnmage 
 4oiie by swyne under a yeare old, or unruly Cattle,
 
 33 
 
 vhich will not be restrained 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 Cattle dam- 
 mage-faisant, nee 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 Cor/r/e, that the owners of 
 any Cattle within this Jurissdiction, shall eare 
 marke or brand all theire Cattle and swyne, that 
 are above haife a yeare old (except horses) and 
 that they cause theire several! 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 several! plantations 
 in these beginnings, wherein we are, is such, that 
 necessity constraines to improve much of the 
 ground belonging to the several I 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 aie most 
 
 (1) At a session of the General Court, in October 1652. 
 it was declared and explained, that this order did not 
 reach the lauds 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 seveiall 
 common lands, so as may best effect the same : 
 
 It is ordered by this Court e and authority there- 
 of, That each towne shall chuse from among them- 
 selves, five able and discreet Tnen, whoe, by this 
 order, have power given them, and are required, to, 
 take the common lands belonging to each of the 
 several! 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 to\vne, 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 ; 
 
 // 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 sam^- 
 to bee viewed, and to sett such fynes as they judg 
 meete, upon any as shall neglect, or not duely at
 
 33 
 
 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 
 several! 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 thi 
 order. 
 
 CAVEATS ENTRED. 
 
 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 whereof, 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 e very- 
 man should pay his debt with his estate, bee it in 
 what it wilt bee, either real! 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 fou re pence for the entry 
 thereof; and the said creditor or creditors shall take
 
 36 
 
 out summons against the said debtor, and in due 
 forme of law, the next pcrticular courte, either for 
 the 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, either to be sould 
 out right, if the debtor so require, or sett a reason- 
 able rent uppon 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 other; and what sale or sales, lease or 
 leases the said officer makes, being orderly record- 
 ed, accoiding to former order of recording of lands, 
 shall be as legall and bynding, 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 or creditors, satisfaction to his 
 or 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 firs* 
 paid; and so every creditor, as hee enters his ca- 
 veatt, and his debt becomes due, shall bee orderly 
 satisfied; unless it appears at the next courle, 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 )et notwithstanding every man to re- 
 ceive his parte according to the entry of his cave-
 
 st 
 
 att ; yet this is not to seclude anj Creditor to recov 
 er other satisfaction, either uppon the person or 
 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- 
 ait, shall be voide as to defraude the said creditors. 
 
 // is allso further explained and declared, That if 
 the said debtor bee knowne to bee a non-solvent 
 man before the (irst 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 equal! 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 dtilye observed ac- 
 cording to the premisses, and true intent and mean- 
 ing thereof. 
 
 // is allso further declared, and explained, That 
 the said recorder or register of the said caveatt 
 shall, the next perticular courte, as aforesaid, re- 
 turne the said cavcatts 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 thi? 
 order, the register or recorder of the said caveatt or 
 caveatts, shall put a vacatte upon the said caveat ( 
 or caveatls, which shall be invalid or voide to hold 
 fhe said lotts, lands and accommodations aforesaid,*
 
 si 
 
 DISSORDER IN COURTE. 
 
 // 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 rneett, 
 
 SECREETS IN COURTE. 
 
 It is ordered and decreed, That whatsoever mem 
 her of the generall courte, shall reveale any secreett 
 lhat the courte enjoynes to be kept secreelt, 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 withal!, 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 : 
 
 // is therefore ordered by this courte, and author- 
 ity thereof, That the selectmen of every towrie in 
 the several! precincts and quarters where they dwell, 
 shall have a violent eye over theire brethren 
 and neighbours, to see, first, that none of them shall 
 Buffer so much barbarisme in any of their fam-
 
 ilyes, as not to indeavor to teach hj themselves 
 or others, theire children and apprentices, so much 
 learning, as may inable them perfectly to read the 
 English tongue, and knowledge of the capital! 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 bookc that they may bee able to answer to 
 the questions that shall bee propounded to them out 
 of such catechismes by theire parents or masters, 
 or any of the selectmen, where they shall call them 
 to a try a II 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 
 Borne 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 irnployments ; 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, tht.n, 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 fa 5 re meanes and 
 former instructions tin v will not bee tlravvnc unto il.
 
 CONSTABLES. 
 
 // is further ordered by the authority aforesaid^ tha 
 any person tendered to any constable of this juiiss- 
 diction, by any constable or other officer belonging 
 to any fforeinge 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 dilligeritly pursued to full effect. 
 
 It is ordered by the authority of this Courlc, That 
 every constable within one jurissdiction shall, hence- 
 forth, have full power to make, signe and put forth, 
 persuits or hue and cryes, after murthers, malefac- 
 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, eitner on the sa- 
 boath day, or other, when theire shall bee occasion, 
 in all bowses 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, 
 provided, that when a constable is imployed by any
 
 4! 
 
 of the magistrates for apprehending of any person, 
 hec 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- 
 er 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 an)' 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 yearc, 
 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 Court e, 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 legacies, 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, 
 4
 
 CRUELTY. 
 
 ft is ordered 6y this Courle, 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. 
 
 // is ordered by this Courte, That no man in any 
 sute or action against another, shall falsely pretend 
 great darmnages 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 is ordered by this Courte and authority thereof, 
 That whensoever any person shall come to any 
 very sudden, untimely or unnatural! 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 thfe 
 country shall bee at in the prosecution of (hem 
 and shall pay to the master of (he prison or howse 
 of correction, two shillings six pence, before bee 
 bee freed therefrom. Vide execution upon delm 
 quents.
 
 49 
 
 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, Thit if any 
 Christian, so called, within this jurissdiction, shall 
 contemptuously beare hirnselfe 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 preaching, 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 Gods wayes contempt- 
 ible and rediculous, that every such person or per- 
 sons, whatsoever censure the church may passe, 
 ihall, 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- 
 nous 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 OPEN AND OBSTINATK' 
 
 CONTEM.VER OF GODS HOLY ORDINANCES, that Others 
 
 may feare and bee ashamed of breaking out into the 
 like wickedness. 
 
 // is ordered and decreed by this Courte, and au- 
 thority thereof, That wheresoever the ministery of the 
 word, is established, 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 shillings : 
 All such offences to bee heard and determined 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 t 
 
 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 church
 
 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 eclese'isticall way, 
 nor shall any church censure degrade or depose any 
 man from any civill dignitye, office or authority nee 
 shall have in the commonwealth. 
 
 ESCHEATS. 
 
 // is ordered by this Courle 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. 
 
 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 execu- 
 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 shall prise the goods so 
 taken uppon execution aforesaid, and deliver them 
 to the creditor. 
 
 EXECUTION UPPON DELINQUENTS. 
 
 It is ordered, That the governor, or any othei 
 magistrate in this jurissdiction, shall have libbert/
 
 and power to call forth ony person thai hath been* 
 publiqiiely 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, ai well in 
 meadows as up laud ; 
 
 // is ordered, That in the setting of posts and 
 rayles, or hedges in the meadow and hcine 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 pastes are to be sett in, 
 the devident lyne ; and in upland there is allowed a 
 libbertye of foure foott for a ditch from the divi- 
 dend lyne, ffor either of the bordering partyes, 
 where the proportion of {Fences belongs unto them. 
 
 FFYNES. 
 
 It is ordered by this Court e, That the estreits for 
 the levying of ffynes ?haH 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 Icvye and receive the same, and 
 the accounts to bee given in by the severall plan- 
 tations of theire genera 1 1 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 ffynes by the sea side.
 
 FFYRE. 
 
 // is ordered by this Conrte 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- 
 nnges and halfe 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 otfence 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, hatnpe, fllaxe, pitch or tarr, hej 
 shall pay double dammages. 
 
 FFORGERIE. 
 
 It is ordered by this Conrte, 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 darnma- 
 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 Courle and authority thereof, 
 That if any man shall committ fornication, \vithany 
 single woman, they shall bee punnished, either by 
 injoyning to marriage, or fyne, 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 bowses of com- 
 mon interteinement, whereby much precious 
 time is spent unfruitfuily, and much waste of wyne 
 and beare occasioned ; 
 
 It is therefore, ordered and enacted by the authori 
 ty of this Courte, That no person shall henceforth 
 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 unlawful! game. 
 
 GUARDS AT MEETING. 
 
 It is ordered by thin Courte, That there shall bee 
 a guard of twenty men every sabbath and lecture- 
 day, compleat in theire armes, in each several! 
 tmvne uppon the river, and at Seabrooke and fFarm-
 
 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 thcire 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 proffitt and advantage of any people, 
 in the issue ; 
 
 It is thought fit 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 fitt 
 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 iu 
 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 fain 
 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 t 
 and if any refuse or neglect to attend the service in 
 any manner aforesaid, hee shall forfeit for every 
 1> 5
 
 60 
 
 days negiect ot a mans worse, 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 several! 
 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 special! care and dilli- 
 gence, to take knowledge of offenders in this kmde ; 
 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
 
 51 
 
 INDIANS. 
 
 It is ordered and decreed, That where any com- 
 pany of Indians doe sitt dovvne neare any English 
 plantations, that they shall declare who is theirfc 
 Sachern or Cheife, and that the said Cheife or Sa- 
 chern shall pay to the said English, such tresspasses 
 as shall bee committed bv 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- 
 gagernent 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 whorne 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 gentlencs towards 
 indians, hath made them growe bold and insolent 
 to enter into English metis 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, 
 
 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 anyhurte 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- 
 in ages : 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 beforementioned, 
 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. 
 
 // is ordered by this courle, 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, an} 
 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 often pounds fyne 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, oral theire 
 ovvne howses, on penalty of twenty shillings for each 
 default.
 
 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, bullitts 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, tive 
 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 deparle from amongst us, 
 and take up theire abode with the indians. in a 
 prophane course of life, for the preventing where- 
 of; 
 
 ft 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 
 Vov'ne with the indians, that they shall suffer three 
 fears imprisonment, at least, in the howse of cor- 
 rection ; and undergo such further censure, by fyne 
 or corporall punnishmcnt, as the perticular courte 
 shall judge meete to inflict in such cases. 
 
 Whereas the (Trench, Dutch, and other forraigne 
 nations doe ordinarily trade gunns, powder, shoit,
 
 04 
 
 &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 ffrench, Dutch, &c. doe 
 prohibitt all trade with the indians, within theire 
 respective jurisdictions, under penalty of con- 
 fiscation ; 
 
 It is therefore, hereby ordered by this courte and 
 authority thereof, That after due publication here- 
 of, it shall not bee lawfull for any Ifrenchmen, 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 halle 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
 
 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. 
 
 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 righteousnes, 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- 
 ny 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 gheweth, 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 offender, 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 seixed, unless knowne to 
 bee someway guilty ; and berause it will be charge-
 
 able keeping Indians in prison, and if they should 
 escape, they an*, like to prove more insolent and 
 dangerous after. It was thought tilt, that uppon 
 such seizure, the delinquent, or satisfaction bee a- 
 gain demanded of the Sagamore, or plantation of in- 
 dians guilty, or accessary, as before; 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 injury e to them, so 
 if any indian or indians of what plantation soever, 
 doe any willful] 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 otfence 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 
 offenders, the English will require satisfaction of 
 such indian and Saggamore, or indian plantation ; 
 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 
 V'otualls ; yet, because there are so many abuses 
 of that lawfull libberty, both by persons interlein- 
 ing, and persons interteined, there is allso need 
 of strict lawes and rules to regulate such an im- 
 ployment : 
 
 lifts therefore ordered by this Courte and authori- 
 ty 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 halfe 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 fou re 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 ofl'ence in these 
 perticulars, being lawfully convicted thereof; and 
 tor want of payment, such shall bee imprisoned un- 
 till they pay. or bee sett in the stocks, one houre or
 
 68 
 
 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 
 interteine seafaring men or land travellers in the 
 night season, when they come first on shoarc. or from 
 theire journey e, for theire necessary refreshment, 01 
 when they prepare for theire voyage orjournye 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 ot' com- 
 mon intertcinement during meal times, or uppon 
 lawfull business, what time theire occassions shall 
 require. 
 
 And it is allso ordered, That if any person offend in 
 drunkenness, excessive or long drinking, the se- 
 cond time, they shall pay double fynes ; and if 
 they fall into the same offence the third time, 
 they shall pay treble fynes and if the parties bee 
 not able to pay theire fynes, 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. 
 
 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 sevcrall townes within one month, tinder 
 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 darnmage 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 othrr 
 times, so oft as they shall see cause, for all offences 
 and offenders 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 refusal! or neglect, they shall bee fyned 
 for every such offence, ten shillings, to bee levied 
 by the marshal), as in other cases, by warrant from 
 such magistrate before whome they are convicted, 
 or warrant from the Treasurer, uppon notice fiom 
 such magistrate. >>- 
 
 // is ordered by this cotirte and authority thereof, 
 That no inkeeper, victualer, wine drawer, or other,
 
 66 
 
 shall deliver any wyne, nor suffer 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 fumilye 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 hce usually abides, there being a 
 month betwixt proclamation and proclamation, his 
 lands and goods shall bee sei/ed to the use of the 
 common treasury, till hee make his lawfull appear- 
 ance, and such withdrawing of hirnselfe, shall stand 
 in stead of one wittness to prove his crime, unless 
 hee can make it appeareto the courte, that hee was 
 necessarily hindred. 
 
 JURYES AND JURORS. 
 
 It is ordered by the authority of this coitrt?, 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 all cases that are 
 tryed by juries, it is left to the magistrates to irn- 
 pannell a jury of sixe or twelve, as they shall judge
 
 61 
 
 the nature of the case 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, judgment may bee cntred and 
 execution granted, as if they had all concurred ; but 
 if it fall out, that there bee not such a concurrence, 
 as is before mentioned, the jurors shall returne the 
 case to the courte with theire reasons, and a spe- 
 cial! verdict is to be drawne thereupon, and the vote 
 of the greater number of magistrates shall carrye the 
 game, 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- 
 fendant, 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 tJhe. courte, according to order, for preventing
 
 ol 
 
 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 tho;;e 
 whose actions are not taken up and withdrawne 
 before the sitting of the courte wherein they were 
 to be trycd, or otherwise, for neglect or nonper 
 formance of either, bee committed to prison, there 
 to remaiae till hee or they have satisfied the same. 
 
 GRAND JURY. 
 
 ft 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, 01 
 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 cowte declared, That our 
 lands and heritages, shall be free from all fyries and 
 lycerices uppon alienations; and from all barriotts, 
 wardships, liveries, primer seizins, yeare day and 
 waste, escheats and forfeitures, uppon the death ot 
 parents or ancestors, bee they naturall, unnatural!, 
 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- 
 elves in the execution of their offices ; 
 
 \' /* ordered by the authority of this cour/e, That 
 in case of fynes arid assessments to bee levyed, and 
 ii[-pon 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, hoe 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 uppon de- 
 maund, hee shall refuse to render himselfe ; and 
 whatsoever charges the officer shall necessarily bee 
 put unto uppon 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 uppon execution, as cannot bee 
 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 fynes, provided, 
 it shall not bee lawfull for such officer to levye 
 any mans necessary bedding, apparrell, tooles or 
 armes, neither implements of household, which 
 ire 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
 
 officer shall doe injurye to any, by colour of hit 
 office, in these, or any other cases, hee shall bee 
 lyable, uppon complaint of the party wronged, by 
 action or information, to make full restitution. See 
 Marshall. 
 
 LYINGE. 
 
 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 sinful!, as all lyes 
 are, but allso, pernicious to the publique weal 
 and injurious to perticular persons : 
 
 It is therefore ordered by this courte, and authon 
 iy thereof, That every person of the age of dis- 
 cretion, which is accounted fourteene 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, sucb perso is 
 shall bee fyned for the first offence, ten shillings, 
 or if the party bee unable to pay the same, then tr 
 bee sett in the stocks so long as the said courte tr* 
 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.
 
 6ft 
 
 or if the party bee unable to pay, then to bee trhip- 
 ped with more stripes, not exceeding thirtye ; and 
 if yett, any shall oflend in like kinde, and bee le- 
 gally convicted thereof, such person, male or fe- 
 male, shall bee fyned ten shillings at a time, more 
 then formerly, or if the party so offending, bee un- 
 able to pay, then to be whipped with live or six 
 stripes more then formerly, not exceeding forty at 
 anytime: Arid for all such as being under age of 
 discretion, that shall offend in lyhige 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. 
 
 ft is ordered by this courte and authority thereof, 
 That no master of a famine shall give intertein- 
 mcnt 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 
 kcepe 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 *ervice, under paine of fyne or corporal! 
 punnishment, at the discretion of the Courte, as 
 E 6
 
 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 or 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, 
 
 // is ordered, That whatsoever servant or appren- 
 tice shall hereafter offend in that kinde, before 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. 
 
 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 kfll 
 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 ffellon, or as- 
 sailant, and bring him to tryall. hee shall be houlden 
 blameless.
 
 MAGISTRATES. 
 
 This courte being sensible of the great dissordew 
 growing in this commonwealth, through the con- 
 tempts cast uppon the civill authority which 
 willing to prevent, 
 
 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 fyne, impris- 
 onment, disfranchisement, or bannishment, as the 
 quality and measure of the offence shall deserve. 
 
 MARRIAGE. 
 
 fforasmuch as many persons intangle themselves 
 with rashe and inconsiderate contracts for theire 
 future joininge in marriage covenant, to the great 
 trouble and greifc of themselves and theire 
 ffreinds, for the preventing thereof, 
 
 // is ordered by the authority of this courte, That 
 whosoever intends to joire themselves in marriage 
 covenant, shall cause theire purpose of contract to 
 bee published in some publique place, arid 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 
 thems- Ives each to other; and that they shall for- 
 bearr :o joine in marriage covenant, at least t*ight 
 dfff fter the said contact.
 
 Jlnd 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 
 lelation 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. Marriages and Births. 
 See Records. 
 
 MARSHALL. 
 
 It is ordered by this courle, 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 hee 
 bee excessive therein, uppon due complaint and 
 proofe made, it shall bee redressed. 
 
 And it is allso further ordered, That the marshall 
 shall bee allowed for every attachement hee serves, 
 halfc so much as is before allow"' him for exec a-
 
 m 
 
 tions ; onely hee is to have four pence tor every 
 myle he goes to serve the attachement, as before. 
 
 // is further ordered by this courte and author- 
 ity thereof, That every officer that shall, at any 
 time bee fyncd 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 fynes or debts are already 
 due, or shall bee due to the country, the marshal!, 
 for the time heing, uppon 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, uppon 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 
 or his neglect. 
 
 MEASURES AND WEIGHTS. 
 
 I 
 
 Fforasmuch as it is observed, that there are diver- 
 sitys of weights, yardcs 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 lib- 
 berties, shall, after the publishing of this order, 
 sell any commodities, but by sealed weight or 
 measure, under the penalty of twelve pence 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 dark is to break or demolish 
 such weights, yardes or measures as are defective. 
 
 MILLiTARY AFFAIRES. 
 
 It is ordered, and by this conrte declared, That all 
 persons that are above the age of sixteene yea res, 
 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 continual! readines, a good mus- 
 kitt or other gunn, fitt for service, and allowed by 
 the dark 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 bullitts as the lawe requires ; and if 
 any person who is to provide arrnes or ammu- 
 nition, cannot purchase them by such means as 
 he hath, hee shall bring to the dark so much 
 corne or other merchantable goods, as by apprize- 
 ment of the said dark 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) until! hee bee provided ; and the dark 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, auJ
 
 71 
 
 shall appointe him where, and with whome to cam 
 
 out. 
 
 And it is ordered, That all the souldgers within 
 vhis jurissdiction shall bee trained, at least, sixtimea 
 yearely, in the months of March, April!, 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 mom- 
 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 (he magistrates, all defects in armes 
 er 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 
 several! 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 omilte to djstreine any
 
 delinquents above the said terme of fonrteene dajes, 
 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 theire millitary officers, and present 
 them to the perticular courte ; but such onely shall 
 bee deemed officers, as the courte shall conftrme. 
 
 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 mcinteined 
 i:i the country in each towne within this jurissdic- 
 tion, And do therefore order and decree, that there 
 shall bee two ban-ills of powder, and six hundred 
 weight of lead provided by this commonwealth, be- 
 fore the generall courte in September next, which 
 hall be meinteined and continued and accounted as 
 the country stock. 
 
 And it is allso further ordered, that the severall 
 towiies in this jurissdiction shall provide and meio- 
 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 ban-ills 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. 
 
 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. 
 
 bt-abrook, halfe a barrill of powder, one hundred
 
 and fifty pound of lead, forty fathom of match, and 
 three cotton coates or corseletts, with serviceable 
 pikes to either of them. 
 
 flarmington, the same, in each perticular with 
 Seabrook. 
 
 tfairefeild and Strattford, in each towne, one bar 
 rill of powder, three hundred weight of lead, one 
 hundred fathom of match, and six coates or corse- 
 letts, with serviceable pikes to either of them. 
 
 Southampton 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 firelooke 
 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 
 often shillings per month, for each townes defect or 
 neglect herein. 
 
 dllso, it is further ordered, That every male per- 
 .ton within this jurisdiction, that is above the age 
 of sixteene yea.rcs, whether magistrates, ministers, 
 or any otKer (though exempted from training, 
 watching a:id warding) shall bee always provided 
 with, and have in readines, by them, halfe a pound 
 of powder, two pound of serviceable bullitts, or 
 ehott, and two fathom of match to every match- 
 lock, uppon 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
 
 74 
 
 towne shall, \ippon 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 hy 
 reason that the severall souldgers of tne trained 
 bands in each towne within this jurissdiction, 
 have not been allowed some powder uppon theire 
 training dayes, for theire practice anu exercise 
 in theire severall firings : 
 
 It is ordered by the authority of this courle, 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, leiften- 
 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 Christe, 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 purit) and pow-
 
 76 
 
 fer, thev tooke it into their serious consideration, 
 that a due rneintenance according to God, might 
 bee provided and settled, both for the present and 
 future, for the incouragement of the miristers 
 workc therein ; and doe order, that those who are 
 taught in the word, in the several! 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 after 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, ia the name of the Lord Jesus 
 Christe. 
 
 1 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
 
 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 dreadful^ 
 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 1 will indeavour to preserve the 
 publique peace of the saide place and commonwealth, 
 and will doe mv 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. 
 
 1 A. B. being by the providence of God, an in- 
 habitant within the jurissdiction of Connecticut, 
 being to bee made free, doe acknowledge rnyselfe 
 to bee subject to the govemement thereof, and doe 
 sweare by the great and fearful! 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 lawful! 
 magistrates thereof, promoating the publique good 
 of it, whilst I shall so continue an inhabitant there; 
 and whensoever I shall give my voate or suffrage 
 touching any matter which concerns this common
 
 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 evidence given in 
 courte, and accordingly, a true verdict give ; your 
 owne counsells and your fellowes, you shall duely 
 keepe, you shall spcake 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 until! 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 commissfoners.) 
 
 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 ihe courte, and shall deliver true copies 
 and certificates when they shall bee necessarily re- 
 quired : So helpe you God, in our Lord Jesus 
 Christe. 
 
 You doe sweare by the great and dreadfull name
 
 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 transgressions of the lawcs and orders 
 of this commonwealth, as shall come to your cog- 
 nisance, as allso, 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.) 
 
 PEACE. 
 
 // 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, uncomely and disor- 
 derly mixt, as formerly it hath beene. 
 
 POORE. 
 
 // 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 cornefeildsand other inclosures, done by swyne 
 and cattle : 
 
 // 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 jurisdiction, 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 proffitable, and all the breaches about the 
 same, very offensive and injurious : 
 
 // is therefore ordered by this Cowrie and authori- 
 ty thereof. That if any person shall resiste or rescue 
 any cattle going to the pound, or shall, by any way 
 or rneanes, 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 oflence was committed, not exceeding twenty 
 stripes for the meere rescues or pound breach, and
 
 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 Khali 
 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, 
 arid not less than one houre. 
 
 RATES. 
 
 // is ordered by this Cnnrte and authority there~ 
 of, That every inhabitant shall henceforth contrib- 
 ute to all charge?, both in church and common- 
 wealth, whereof 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 
 civill 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 othei
 
 cases , and that the lands and estates of all men, 
 vvhereever the) dwell, shall be rated for all towne 
 charges, both civill and eclesiasticall, as aforesaid, 
 where the lands and estates shall lye, and theire per- 
 )ns where they dwell. 
 
 Ffor 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 uppon 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- 
 lion, 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 (he 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 personal! 
 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 lawful! 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 
 rail, 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
 
 imall 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 ; ail which persons and estates, are by 
 the said commissioners and selectmen, to bee as- 
 sessed and rated, as here folio weth, viz. every per- 
 son aforesaid, except magistrates and elders of the 
 churches, two shillings sixpence by the head, and 
 all estates both reall and personal!, 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 
 ortes, under a yeare old, are hereby exempted ; as 
 allso, all hav and conic in the husbandrnans hand, 
 because all meadow, earabie 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 tailors, 
 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
 
 estates : provided, that in the rate by the polls, sndi 
 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. 
 
 And it is farther ordered, That the commissioners 
 for the several! 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, 
 falsely written, the just number of males listed as 
 aforesaid, the assessment of estates made in theire 
 severall townes, according to the rules arid 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, \\z. 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 howsea ;
 
 64 
 
 and if any of the said comissioners, or of the se- 
 lectmen, ghail willingly faile or neglect to performs 
 the trust committed 10 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 olience, 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 otjences bee complained of and 
 prosecuted in due course of law, within six months. 
 
 Andil is further ordered, That uppon 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. 
 
 And it is further ordered, That the prises of all 
 sortes of corne to bee received uppon 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. 
 
 // is allso provided and ordered, That all towne 
 rates shall bee made after the same manner, and by 
 the same rule, as the country rate.
 
 Whereas much wrong hath beene done to the coun- 
 try, by the negligence of constables in not uath- 
 ering such levyes as they have received warrants 
 from the Treasurer, during theire office : 
 
 // 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 
 otlice, 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, bee 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, uppon petition to the Generall courte, 
 shall have order to collect the same againe, equally 
 of the towne, with his just dammages for the same. 
 
 // is further ordered by this Courie, 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, every man so warned, shall duel) attend to 
 bring in his rate, or uppon neglect thereof, shall 
 forfeit! two pence in the shilling for what hee falls 
 shorte. and the said collector shall have authority 
 hereby 10 distreine the delinquents, or bee accounta- 
 ble themselves for the rates and penalties so neg- 
 lected by them. 
 
 .)
 
 RECORDS. 
 
 It is ordered by this courte, and authority thereof t 
 That the to\vne dark or register in the several! 
 townes of this jurissdiction shall record, all hirths 
 and deaths of persons in ihei re 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 follovveth, 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 forfeit! 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 (he 
 courte, a true transcript ol the births, deaths and 
 marriages given under theire hands, with a third 
 parle of the aforementioned fees, under the penalty 
 of forty shillings for every t-uch neglect, all which 
 forfeitures shall bee returned into the Treasury ; 
 aliso, the grand jurors may present all neglects of 
 this order. 
 
 It is ordered by the anthorify aforesaid. That Ihe 
 severall townes within this jurissdiction, shall each 
 of them provide a ledger booke, with an index or
 
 alphabet! unto the same, allao shall chuse one whoe 
 shall bee a towne clerke or register, whoe shall be- 
 fore the General I courte in September next, record 
 every m;ns 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 notice 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 rr.orgages of lands what- 
 soever, shall bee accounted of no value untill they 
 oee recorded ; for which entry the register shall 
 receive six pence for every parcell, delivering every 
 i>wner 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 iu under the
 
 hand of the towne clarke ; Allso, the said to\rne 
 clarke shall have for every search of a parcel!, 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 governc the towne, shall bee a sufficient 
 evidence to all that have the same. 
 
 Ffor the hetter keeping in minde those passages 
 of Gods providence, which have bcene remarkable, 
 since our first undertaking of these plantations ; 
 Mr. Deputy, Capt. Mason, Mr. Sione with Mr. 
 Goodwyn, are desired to take the paines severally, 
 in theire severall towncs, and then jointly together, 
 to gather up the same, and deliver them into the 
 Geiierall courte in September next, and if it bee 
 judged then ritt, they may bee recorded : and fo- 
 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 th'mge, 
 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 ol 
 the parties before mentioned, or add to them, as 
 they shall judge meett. 
 
 It is allso ordered by this coitrle, and decreed, 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
 
 'fo 
 
 testament, and enter it into a boolce, 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 afl'aires 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 atlaires of the towne, shall doe theire 
 indeavora 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 : Hut where 
 any person dyeth intestate, the said orderers of the 
 aliaires of the towne, shall cause an inventory to 
 bee taken, and then the publique courte may graunt 
 the administration of the goods and chatties 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 afl'aires of the towne 
 are at, about the trust committed to them, either 
 for writing or otherwise, to bee paid out of the 
 estate. 
 
 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 ducly certified
 
 from anyone 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 damrnage ; And aliso, that 
 if any knowne planters or settled inhabitants, dye 
 intestate, administration bee graunted by that colo- 
 ny unto which the deceased belong, though dying 
 in another colony : And the administration being 
 duely certified tc, bee of force for the gathering in 
 of the estate, in the rest of the colonyes, us 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) 
 beegrauuted by that colony where the person shall 
 dye and departe this life, and that care bee taken 
 by that governement, to gather in and secure the 
 estate, untill it bee demaunded, and may bee deliv- 
 ered according to rules of justice ; which uppon 
 due consideration, was confirmed by this courte, in 
 the behalfe of this colonye, and ordered to bee at- 
 tended in all such occasions, 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 deludcr, 
 Sathan, to keepe men from the knowledge of the 
 scriptures, as in former times, keeping them in an 
 unknowne tongue, s>o .in these latter times, bjr
 
 perswading them from the use of tongues, so. that 
 at least, the true sencc and meaning of the origin- 
 all might bee clouded with falser glosses of saint 
 seeming deceivers ; and that learning may not 
 bee buried in the grave of our forefather?, in 
 church and commonwealth, the Lord assisting 
 our indeavors ; 
 
 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 euch 
 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
 
 roome, in March ; and this to continue yearely, as 
 it shall bee considered by the comissiouers. 
 
 SECRETARY. 
 
 // is ordered and decreed, That within twenty dayes 
 after the session of every General! conrte, 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 general! concernernent for 
 the governement of this commonwealth to the con- 
 stables of each towne within this jurisdiction, for 
 them to publish within Fourteene dayes more, at 
 some pub'.ique meeting in theire severall townes, 
 and cause to bee written into a booke and kept for 
 the use of the towne, and once every yea re, the 
 constables in each towne, shall read or cause to bee 
 read, in some publique meeting, all the capital! 
 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, from each of the townes. 
 
 And it if 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 original! of them, and give a roppy 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 pound?, three shillings 
 fou re 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
 
 under the summ of forty pounds, two shillings six 
 pence ; and for every coppy of them, or either of 
 them, iifteene pence, and for every starch or super- 
 vising of them, foure p^nce ; allso for every at- 
 tachement, twelve pence, and for every bond or 
 recogniscance in or about the same, six pence ; 
 aliso, for every execution above five pounds, the 
 secretary shall have twelve pence, and for every 
 execution under five pounds, six pence ; allso, for 
 the entry of every or any recogniscance in coune, 
 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 
 they graunt the warrant, and shall make a due re- 
 turne, at every courte, to the secretary thereof, what 
 euch warrants, and to whome they have graunted, 
 and all such persons shall bee 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 authority thereof, 
 That whosoever shall take up any straye beast, or
 
 find any goods lost, whereof the owner is not 
 knowne, he shall give notice thereof to the consta- 
 ble o! 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 uppon 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 
 party e 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. 
 
 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 parle 
 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 dipt in the haire of the neare but 
 tock, six inches long, that they may bee knowne.
 
 SWYNE. 
 
 Ft 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 thcire yards, under the penalty of foure pence 
 for every such svvyne, to bee paid by the owner, to 
 the party that sh*ll 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 conrte, 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 ;
 
 and that it be improved into pipe-staves, 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. 
 
 (forasmuch as it is observed, that many abuses are 
 crept in, and comitted, by freqnent taking of to- 
 backo. 
 
 It is ordered by the authority of this Courts, 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 hee hath brought a certificate under the hands 
 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 thereo r 
 
 It is ordered, That no man within this colonye, 
 after the publication hereof, shall take any tobacko, 
 publiquely, in the streett, highwayes or any barne 
 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 eacn perticular courte, of 
 such as they doe understand, and can evict to bee 
 transgressors of this order. 
 
 TRESSPASSES. 
 
 // is ordered by this Courle an d authority thereof 9 
 That if any horse or other beast, trespass in come, 
 01 other inclosure, being fenced in such sorte as 
 secures against cowcs, oxen, small calves, and such 
 like orderly cattle, the party or parties tresspassed, 
 shall procure two able men of good reporte and 
 credilt, 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 n< ; 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 bee present when 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 rcpaire to the 
 select townsmen, or some of them, who shall, in 
 such case, nominate and appoint two able and in- 
 dillerent 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- 
 men* <o bee void, or else to stand in lawe. 
 
 TREASURER. 
 
 // ?* ordered, That the Treasurer shall deliver no 
 monev out of his hands, to any person, without the 
 ' G 9
 
 Tiands 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 Treasure/shall 
 accept and give satisfaction. 
 
 VOATES. 
 
 It is ordered by this Courte, and decreed, That if 
 any person within these liberties, have beene or 
 shall bee fyned 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, until! the courte shall manifest 
 theire satisfaction. 
 
 VERDICTS. 
 
 That love and peace, with truth and righteousnes 
 may continue and flourish in these confederated 
 colonyes. 
 
 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 appea re, 
 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
 
 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 confederated 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, 
 
 ft 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 court or any two ma- 
 gistrates, or where there is but one magistrate, by 
 a magistrate and one of those appointed to order the 
 alFaires of the towne. 
 
 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 jurissdictiou,
 
 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- 
 nye, or goes out of the towne wherein hee livetl\ 
 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 Courle, and authority thereof \ 
 That every constable shall present to one of the 
 next magistrates, the name of every person, who 
 shall uppon lawful! 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 beoj 
 lyable to watch and warde, or to supplye it b) 
 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 cornpellable 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 farrnes, 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 thiscourte for supres- 
 sing of them ; therefore, for the better incourage* 
 mentof any to sett about a worke of so great con- 
 cernement, 
 
 // 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 proofe 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- 
 ed, That if any shipps or other vessells, bee it fFreind 
 or enemye, shall suffer shipwreck upon our coasts, 
 (here shall be no violence or wrong offered to 
 theire persons or goods, but theire persons shall be 
 harboured and icleivcd, and theire goods preserved 
 in safety, till authority may bee certified, and shall 
 take further order therein.
 
 102 
 
 VESSELLS. 
 
 ft is ordered by this Cowrie, and authority thereof, 
 That no vessell nor boat, shall have libberty to goe 
 from any porte in any town* within this jurissdie- 
 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 
 vessell 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 have 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 thereof, 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 01 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 rcturne.
 
 < 
 
 NEW -HAVEN ANTIQUITIES. 
 
 OR 
 
 &AW8* 
 
 EXTRACTED FROM THE ANCIENT RECORDS OF 
 HAVEN. 
 
 At a Court held at New- Haven, A. D. J643. 
 
 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. 
 
 December 3d, 1651. 
 
 It was propounded that some safer way might be 
 found out to Connecticote, that the danger of tha 
 East River may be avoyded. The new waye w*i 
 
 * Rum.
 
 104 
 
 desired to be yiewed 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. 
 
 Jit a Court, held May 1, 1660. 
 
 Jacob M. Murlineand 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 
 both 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- 
 srd her and she kyssed him, or they kyssed onean- 
 other, continuing in this posture about half an hour, 
 as Marian and Susan testified, which Marian, now 
 in court, affirmed to be so. 
 
 Mistress Murline, now in court said 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 
 er roome, and when he heard Sarah speak those 
 words, he went in, when ghee having let fall her
 
 105 
 
 gloves he tooke them up and she askea mm fbr 
 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 
 werebout 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 replied that Marian hath denied it, and he 
 doth not looke upon her as a competent witness. 
 Thomas Tattle 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 graunted 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 speake suche corrupt words, most of the things 
 charged against her being acknowledged by herself, 
 though that about kyssirg is denied, yet the thing 
 is prooved. Sarah professed that she was sorry that
 
 106 
 
 shce had carried .t so sinfully and foolishly, whicb 
 she saw to be hateful. She hoped GOD would 
 help her to carry it better for tune 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. Marline was told that she, hear- 
 ing such words, should not have suffered it. Mrs. 
 Tuttle and Mrs. Murline being asked if they had anv 
 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 
 gpeeche 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. 
 
 The sentence therefore concerning them is, that 
 they shall pay either of them as a fine 20s. to the 
 Treasurer.
 
 107 
 
 A Court holden 3d November, 1 639. 
 
 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 laved 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. Dtvenport, 
 Robt. Newnan, Matthew Gilbert, Capt. Turner 
 and Thomas Fflugill shall rom hence forward have 
 the disposing of all the hor se lotts, yett undisposed 
 of, about this towne, to st :h 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 armea 
 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 Captaiiie 
 Turner and Lieutenant Seeley, under the penalty of 
 20s fine for every default or absence. 
 
 A Court holden the 4/A of December, 1639. 
 It is ordered that Thomas Saule shall agree with 
 Goodman Spinnage before the next Court, or else
 
 10ft 
 
 the Court will determine the difference between 
 them. 
 
 Roger Duhurst and James Stewart are enjoyneb 
 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 be sett in the stocks for 
 a certain time. 
 
 Nicholas Tamer, servant to the said Mr. Perry, 
 for drunkenness and abusing his master in words, 
 was whipped. 
 
 A General Court 4th of January , 1639. 
 
 Tt 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 (he neck. 
 
 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 goc without a keeper after the first of 
 May next.
 
 109 
 
 A Cfnerat Court, 5th February, 1639. 
 
 It is ordered, thatt brother A-vlrews, bro. Kim- 
 berly. Win. 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 3lb which Mr. Moulend de- 
 maunds of the said llobt. 
 
 It is ordered, that Mr. Moulend shall pay to Mr. 
 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, 
 for corne destroyed by Mr. Wilkshis hogs. 
 
 Isaiah, Captaine Turner's man, lined bib for be- 
 ing drunk on the Lords day. 
 
 Win. Bromrield Mr. Malbon's man was sett in the 
 stocks for prophaning the Lord'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. 
 
 John Fenner, accused for being drunke with 
 strong waters, was acquitted, itt 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, Liri nsed to bake to sell, so long 
 as he t^ives no offence in it justly. 
 
 18/A February, 1039. 
 
 Joun Charles forbidden to draw wine, because 
 there liath been much disorder by ill.
 
 110 
 
 Leone was whipped and sent out of 
 's> olantaiion, being not onely a disorderly person 
 Vimselfe, butt an tncourager of others to disorderly 
 drinking meetings. 
 
 George Spencer being prophane and disorderly 
 fi his whole conversation, and an abettor of others 
 V) 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. Brasierand William Brom- 
 field was whipped for joyning in the aforesaid con- 
 spcricie, and the said Hen. and Wm. were ordered 
 to weare irons during the magistrate's pleasure* 
 
 A Courte holden the 1st of Jufy, 1640. 
 Thomas Parsons and John servants to 
 
 Elias Parkmore, were whipped for their sinful! dal 
 liance and folly with Lydia Browne 
 
 f>th August, 1 640. 
 
 It is ordered, that none in this plan^tione 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. 
 
 A Court held at New-Haven the 3d of the 1th month, 
 1642. 
 
 Matthew Willson for killing a dog of Mr. Perry% 
 willfully and disorderly, fined 20s for his disorder, 
 and ordered to pay 20* damage to Mr Perry, which 
 40* Edward Chippcrtield undertooke to see pay'd 
 by the last of September next. 
 
 John Lobell the Miller, for sinful! dalliance with 
 A little wench of Goodman Halls, was whipped.
 
 Ill 
 
 
 
 Bth month, 1642. 
 
 Tt 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. 
 
 jfezc'Haven, %id JVoremAer, 1642. 
 
 Jeruas Boy kin 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 ffarmea 
 att the River, Called stony River, shall have Liber- 
 ty to make a sluice in the River for their owne con- 
 venience. 
 
 1th Decfmber, 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 uricleane filthy dal- 
 liances; all which they confessed and was whip* 
 ped.
 
 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. 
 
 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. 
 
 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 
 
 Srayer in a swamp for a wife, and being asked by 
 ohn Olvarde who the person was, he answered that 
 it was his mare. And there was other circumstan- 
 ces of scoffing, &c. 
 
 The defendant was asked whether he graunted 
 the thing or denied. The defendant desired proof 
 and that the witnesses might speake apart. John 
 Olvarde was first called, who testified that Johnson 
 being at his house, he heard him say, that he heard 
 Edmund Dorman at prayer in a swamp, (by John
 
 113 
 
 Downes's,) for a wife; and sayde, 'Lord thou 
 knowest rny 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. 
 
 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. 
 sous 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 s'corner. 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 rnen servants in this 
 plantation, haunting with them at night-meetings 
 and juncketings,&c. was sentenced to be severely 
 whipped, and fined 5/ t to Mr. Malbone, and 5l. to 
 Will Andrews whose famylycs and daughters he 
 hath so much wronged, and presently to depart the 
 plantation, and not to retourne under the penalty 
 of severer punish:ent. 
 
 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 JSicholas Jennings with whom 
 she hath been naught. 
 
 The following is the most ancie.nl record of ike Colo- 
 ny of N<w Haven, and is a curiosity in the. history 
 of civil government, 
 
 THE 4th day of the 4th moneth, called June, 1039, all the 
 free planters assembled together in a general meetinge. to 
 consult about settling civil government according to 
 (JOI), and about the nomination of persons that may be 
 found by consent of all fittest in all respect's for the f'oiin 
 datiori work of a Church which was intended to be gather- 
 
 ed in Qnini| 
 
 eck. After sollemne invocation of the name 
 
 of <;<>!> in | 
 
 rayer, for the presence and help of his spirit 
 
 and grace ii 
 
 these weighty businesses, they were retnin 
 
 drd of the It 
 
 isiriess whereabout they met (viz) for the es 
 
 tablishment 
 
 )f such civ 
 
 1 order as might lie most pleasing 
 
 nmo (.'( >D. and for tl 
 
 e clmsing the fittest men for the 
 
 foundation work of a 
 
 church to be gathered. For the 
 
 better enabling them U 
 
 discerne tiie minde of UOI), and 
 
 to agree accordingly co 
 
 icerning the e5fablishment of civil 
 
 or*'* 1 !- Mr. John Dave 
 
 iport propounded divers qwrifs 
 
 Unto them, public); ly j>n 
 
 yiiiirthem to consider seriously in
 
 115 
 
 fW presence and foarft of GOD thfi weight o 
 they met about, and not to he rash or sleight in jr'iving their 
 votes to things they understood not, bin to digest fully ami 
 thoroughly what should be pr<i|wmuded unto them" and 
 xvithout respect to men, as they should be satisfied and 
 porswaded 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 charractera 
 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. 
 
 Qurere 1. Whether the 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:nylyes and common- 
 wealths as in matters of the church? 
 
 This was assented unto by all, no man dissenting, as waa 
 expressed by holding up of hands. Afterwards it waa 
 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 hands, no man dis- 
 senting. 
 
 (iutere 2. Whereas there was a covenant sollemnely 
 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- 
 cern the gathering and ordering of a church, so likewise 
 in all piihlique offices, which concern civil order, as 
 rhoyce 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 
 he made, a church not being then gathered, but was de- 
 ferred till a church might be gathered according to GOD. 
 It was demanded whether all the free planters doe holde 
 themselves 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 
 forth in the scripture.
 
 116 
 
 This also was assented unto by all, and no man gain- 
 aied 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, Ait- 
 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 p'anters 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 theii 
 hands twice, (viz) both at the proposal of it, and aftei 
 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. I. 
 Dent. 1. 13. with Dcut. 19. 15. and 1 Cor. 6. 1 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- 
 ing the pure and peaceable enjoyment of all Christ his 
 ordinonces in the church according to GOD, 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 earne purpose, none at all opposing it. Then 
 it was propounded to vote. 
 
 Qua* re 5. Whether free Burgesses shall be chosen out 
 of Church members, they that are in the foundation work 
 of the clinch being actually free burgesses, and to chuse 
 to themselves out of the like estate of church fellowship, 
 ami 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, arid 
 all the businesses of like nature are to be transacted by 
 those free burgesses. 
 
 This,(viz. Quaere 5.) was put to vote, and ajrreed 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 few ring GUI), 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 tilings 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 livery? bv whom the publiqne magistrates 
 are chosen. In this the rest are not wronged : because 
 they expect to he 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- 
 nii.und 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, aftor 
 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 persuade 1 to be agree- 
 ing with the minde of GOD, and they had heard what 
 had been sayd since the vote, intreated them agayne to
 
 118 
 
 consider of it and agayne to put it to rote as before 
 Agayne all of them, by holding up their hands, did shew 
 their consent as before. Ami 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 17. 15. he was con- 
 vinced at home. Another said that he came douhting to 
 the assembly, but he blessed GOD, by what had beene said 
 he was now fully satisfied that the choyee of burgesses 
 out of Church members and to intrust these with the 
 power before spoken of, is tccording to the iruiide ol 
 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 he admitted here as planters 
 should submit, and testify the same by subscribing their 
 mimes 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 
 puhlique civil affairs of this plantation, of making and 
 repealing laws, devideing of inheritances, deciding 01 
 differences that may arise, and doing all things or busi- 
 nesses of like nature. 
 
 This being settled as a fundamental artirele 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 o* 
 such as were to be admitted might be piibh'quely pro- 
 pounded, to the end that they who were most approved 
 might :>e 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 bad knowledge 
 one of another, and in every meeting some one was moro 
 approved of all than any other, For this reason, and to 
 prevent scaitdalls, the whole company was intreated to 
 consider whom they found finest to nominate for thia 
 worke. 
 
 Qura^e 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 
 pas.se without exception, unlesse they had given public 
 scandal or offence, yet so as in case of puhiique scandall 
 and offence, everv one should have liberty to propound 
 their exceptions at that time piibliquely against any man 
 that should be nominated when all the narnes should be 
 writ down, but if the offence were private, that men's 
 names might be tendered, so manj as were offended, 
 were in treated to deal with ihe 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. Katon, Mr. J. Davenport, Ro- 
 bert Newman, Matthew Gihb, Richard Alalthie. 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 Peqnonnock 
 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 a? heard of the sin. It was also agreed upon 
 at the said meetinge, that if the persons above named 
 did find themselves straitened in the 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 meeie. Pro- 
 vided that it should be signified to the town upon the 
 Lord's dav who they so take in that eveiy man may be 
 satisfied of them, according to the course formerly taken. 
 
 [The foregoing was subscribed and signed by one hun- 
 dred and eleven persons.]
 
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