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THE

COMPACT

WITH THE

CHARTER AND LAWS

COLONY OF NEW PLYMOUTH :

TOGETHER

WITH THE CHARTER OF THE COUNCIL AT PLYMOUTH,

AN APPE^NDIX,

CONTAINING THE

Cuticles of atonfe"tieration of tlje WLniWa (Kolontes of Kcto iSiifilantr,

OTHER VALUABLE DOCUMENTS

PUBLISHED AGREEABLY TO A RESOLVE, PASSED APRIL 5, 1836.

UNDER THE SUPERVISION OF

WILLIAM BRIGHAM,

Counsellor at Law.

M onion:

DUTTON AND WENTVVORTH, PRINTERS TO THE STATE,

Nos. 10 & 12, Exchange Street.

1836.

ADVERTISEMENT.

By a Resolve of the Legislature, passed on the fifth day of
April, 1836, it was ordered, that fifteen hundred copies of the
Laws of the Old Colony should be published for the use of the
Commonwealth, and His Excellency the Governor was authorized
to appoint a Superintendent of the printing and publishing of the
same. Under that Resolve, the subscriber had the honor of an
appointment, and in discharging the duties of his oflfice, he has en-
deavored to carry into effect the liberal views of the Legislature,
and to prepare the work in a manner which he hopes will be ac-
ceptable to the public. A large portion of the volume has never
before been published, and was taken from manuscript records — the
originals of which are now in the Registry of Deeds for the County
of Plymouth. The attention of the Legislature appears to have
been first directed to these records in 1818, when a Committee,
consisting of Rev. James Freeman, D. D., aad Benjamin R. Nichols
and Samuel Davis, Esquires, was appointed, with authority " to
examine them, and if they should find the same of right belonging
to the Commonwealth, they shall have power to take the same into
their custody, for the purpose of a full examination ; and they are
requested to report how far, in their opinion, it may be proper to
have the same deposited in the Archives of the Secretary of the
State, for the use of legislators, historians, and antiquarians, and
how far it may be useful to multiply copies of the whole, or any
part of them, for the use of all the people."

This Committee reported their doings to the General Court at
its next session, and gave the following account of these records,
viz: " The Old Colony records consist of twelve volumes in folio,
and the Charter engrossed on parchment. The volumes are mark-
ed 1, 2, 4, 5, 6, 7, 8, 12, 15, 16. Though it does not appear that

VI ADVERTISEMENT.

any volumes have been lost, yet there are none with the marks 3,
9, 10, 13, 14. But several of the volumes contain two or more
parts, which circumstance probably prevented the volumes being
marked in a continued series of numbers."

" The general contents of the volumes are the Acts and Re-
solves of the Legislature : — ^judicial proceedings of the Court of
Assistants, consisting of civil and criminal cases, and the settle-
ment of estates of persons deceased : — Orders of the Council of
War, military transactions and appointments of commissioned offi-
cers : — names of the freemen admitted, and the selectmen of
towns, — registers of births, marriages, and deaths, — admonitions
to churches, and recommendations and addresses to the people, —
grants of land, — records of wills and deeds, — a variety of miscel-
laneous matters, which cannot be classed under any particular
head. These several articles are blended together in the same
volume, and frequently on the same page, and different parts of a
volume are bound together, with leaves inverted and misplaced,
and without regard to dates."

This Committee further say, "that they have not been able to
discover whether any arrangement was made respecting these rec-
ords before the union of Plymouth with Massachusetts, or by the
Province afterwards ; but it was undoubtedly concluded at the
time of the union, as it will probably be thought now that it would
be inconvenient and injurious to the inhabitants of the Old Colony
to remove from them the deeds and other titles to their estates,
which cannot be separated from the Acts of their General Court."
They recommend " that copies be multiplied by printing the
most interesting articles, so that they may be read with ease by
all whose curiosity, taste or studies, may lead them to the exam-
ination."

The same Committee was subsequently directed to cause
certain portions of the records to be transcribed. This duty was
performed in a very faithful and satisfactory manner by Benjamin
R. Nichols, Esq., whose labours are best described by the use of
his own language. He says, " the original records being in great

ADVERTISEMENT. Vll

confusion and much defaced, he found it necessary to arrange them
anew, according to their dates and subject matter, and to make full
indexes to them. He also had them interleaved and new-bound.
The original Charter of the Colony being considerably defaced, he
had it repaired, and placed in a port folio."

" The records are now so arranged," he continues, " that the
legislative proceedings or court orders form six separate volumes
— the wills and inventories four — deeds six — laws one — acts of
commissioners of the United Colonies two. There is also an imper-
fect volume of said commissioners' original minutes — one volume of
Indian deeds — Treasurer's accounts and lists of freemen, and one
volume of actions, marriages, births, and deaths, making twenty-
two volumes of original records."

" The copies made from the above form eleven folio volumes,
and are indexed like the originals. All the laws and legislative
proceedings are copied, with as much of the other records as was
thought to be useful or interesting to the public. The parts not
copied are most of the private deeds, actions, wills and invento-
ries. Care has been taken to preserve in the copies the original
orthography and paging"

Such is the source from which this volume has been formed.
The design of preserving the laws as near their original form as
possible has been kept constantly in view, and for this purpose their
chronological arrangement has been preserved, and the ancient or-
thography retained. This arrangement exhibits more fully than any
other the progress of public opinion in legislation, and the changes
which took place, from time to time, in the laws, corresponding to
those in the condition, wants and institutions of the Colony. For
some purposes, it would undoubtedly have been more convenient to
have had all the laws relating to the same subject published under
one head, but this would have changed their original form, and by
separating the acts of the same year, which, though upon different
subjects, are often connected, and sometimes grow out of each
other, it would have been more difficult to have observed the spirit
of the people as embodied in their laws — and thus one of the ob-

Vlll ADVERTISEMENT.

jects of this publication would have been defeated. The extensive
jurisdiction of the General Court acting sometimes as a legislative
assembly, and at others as a court of justice has made it difficult
in many cases to make a distinction between what are properly
denominated laws, and the mere court orders or resolutions. This
difficulty was much increased by the fact that these laws, reso-
lutions and orders, were adopted frequently at the same meeting
of the General Court, consisting sometimes of the governor, assist-
ants, and deputies, or committees, as they were called, and some-
times of the whole body of freemen. In all cases of doubt,
however, or where the orders or resolutions are matters of in-
terest, they are published in their chronological order with the
laws, such a course being thought more in accordance with the de-
sign of the work, and giving it a higher historical interest and
value.

The work is divided into three parts : the first containing all
the laws from the settlement of the Colony to 1658 ; the second
all the laws found in the records from that period to its union with
Massachusetts, and the third the general revised laws, which were
adopted and printed in 1671, together with portions of the edition
of the laws published in 1685. Other divisions might perhaps have
been made with equal propriety, corresponding with other impor-
tant eras in the history of the Colony, but these seemed to be the
only ones necessary.

The first revision of the laws was in 1636, and this may be
regarded the first important era in their history, or perhaps with
more propriety the origin of the legislation of the Colony. Previ-
ous to this period, there had been but few laws made, and still
fewer committed to record. There was no secretary but the gov-
ernor, and the people acted rather as a voluntary association gov-
erned by a majority, than as a political community guided and
controlled by standing laws. In this revision most of the laws
which had before been adopted, were re-enacted, and such others as
became necessary to define more clearly the rights and privileges
of the members of a growing community. The Committee chosen
to prepare them consisted of the Governor and Assistants, and

ADVERTISEMENT. IX

William Brewster, Ralph Smith, John Done and John Jenny, of
Plymouth; Jonathan Brewster and Christopher Wadsworth, of
Duxbury ; James Cudworth, and Anthony Annable, of Scituate.

No other revision of the laws was made till 1658. They were
then scattered through voluminous records, and it became necessa-
ry to collect them together, and to make such amendments as the
community demanded. The Committee for this purpose consisted
of William Collyare, Timothy Hatherley, John Alden, James Cud-
worth, and Josias Winslow. The volume which they prepared was
accepted by the General Court, and the secretary was directed to
send a manuscript copy of them to each of the towns in the Colo-
ny. It was also ordered that the towns should furnish paper for
the secretary, and that the laws should be publicly read in each
town once a year. This collection of laws are not published to-
gether in this volume, but are arranged under the year when they
were originally enacted, with a note of their having been re-enact-
ed in 1658. The title page, and the Address to the Inhabitants are.
preserved, and are published in the beginning of Part II., with such
portions of the collection as were then for the first time enacted,
or had received material alterations.

The third revision of the laws was made in 1671. This was
not like that of 1658 — a mere collection, but a complete digest of all
the laws then in force. It was prepared by a Committee, consist-
ing of the Governor, the Major, Thomas Hinckley, and John Walley,
and was the first edition of the laws printed. It is published entire
in Part III. In 1673, the court ordered " that nothing shall stand
in force in our written book of laws, but what the printed laws re-
fer unto."

In 1684, "the Governor, Mr. Barnabas Laythrop, Capt. Wal-
ley, Capt. Laythorp, and Capt. Thomas, were appointed to view
the laws of the Colony, and to reduce them into better order."
They prepared a new digest of them incorporating such as had
been enacted subsequent to the last revision, and changing, in
some respects their arrangement. This was printed and published
in 1685. Such portions of it as are not found in the other laws,

B

X ADVERTISEM^'NT.

and as are of historical interest are published in Part III. Of this
there is no manuscript record preserved, and it was the last edition
of the laws of the Colony which has been published.

Besides the acts and orders of the General Court, the Compact
and Charter of the Colony, the Charter of the Council at Plymouth,
other rare and valuable papers and documents are published in the
Appendix. Some of these may be considered a part of the public
law of the Colony, and necessary to a right understanding of it.
Others have a deep historical interest. It was therefore thought a
favorable opportunity to present them together in one volume, so
that they could be within the reach of all, who have a desire to
learn the history and character of the Colony of New Plymouth,
either from its constitution of government, its legislation, or its pub-
lic policy.

WILLIAM BRIGHAM.

Boston, November, 1836.

PART I.

GREAT PATENT

NEW ENGLAND

CHARTER OF THE COUNCIL ESTABLISHED AT PLYMOUTH, IN THE

COUNTY OF DEVON, FOR THE PLANTING, RULING, ORDERING

AND GOVERNING OF NEW ENGLAND IN AMERICA.

JAMES, by the grace of God, King of England, Scotland, France and Ireland, Defender

of the Faith, &c.

To all whom these presents shall come, greeting : — Whereas,
upon the humble petition of divers of our well disposed subjects, that
intended to make several plantations in the parts of America, be-
tween the degrees of thirtyfour and fortyfive, We, according to our
princely inclination, favoring much their worthy disposition, in hope
thereby to advance the enlargement of the christian religion, to the
glory of God Almighty, as also by that means to stretch out the
bounds of our dominions, and to replenish those deserts with people,
governed by laws and magistrates, for the more peaceable commerce
of all that in time to come shall have occasion to traffic into those
territories, granted unto Sir Thomas Gates, Sir George Summers, Recital of a for-
knights, Thomas Hamon, and Raleigh Gilbert, Esquires, and others "®'"^*°'
their associates, for the more speedy accomplishment thereof, by our
letters patent, bearing date the 10th day of April, in the fourth year
of our reign of England, France, and Ireland, and of Scotland the
fortieth, free liberty to divide themselves into two several colonies :
the one called the first colony, to be undertaken and advanced by
certain knights, gentlemen, and merchants, in and about our city of
London ; the other, called the second colony, to be undertaken and
1

2 THE GREAT PATENT i [PART I*

advanced by certain knights, gentlemen, merchants, and their associ-
ates, in or about our cities of Bristol, Exon, and our town of Ply-
mouth, and other places, as in and by our said letters patents, amongst
other things more at large, it doth and may appear.

The first colony ^nd whereas, since that time, upon the humble petition of the said

is made a distinct . /. i .

body. adventurers and planters of the said first colony, we have been gra-

ciously pleased to make them one distinct and entire body by them-
selves, giving unto them their distinct limits and bounds:

And have, upon their like humble request, granted unto them
divers liberties, privileges, enlargements, and immunities, as in and
by our several letters patents, it doth and may more at large appear.
Now forasmuch as we have been, in like manner, humbly peti-
tioned unto by our trusty and well beloved servant. Sir Ferdinand©
Gorges, knight, captain of our fort and island, by Plymouth, and by
certain the principal knights and gentlemen adventurers of the said
second colony, and by divers other persons of quality, who now in-

Recitalofthe tend to be their associates, divers of which have been at great and

reasons for mak- ,, , , . , , . ■, . j j*

inff the second extraordinary charges, and sustamed many losses, m seeking and dis-
bodyf '*^'"*^* covering a place fit and convenient to lay the foundation of a hopeful
plantation, and have, divers years past, by God's assistance, and
their own endeavors, taken actual possession of the continent hereaf-
ter mentioned, in our name, and to our use, as sovereign lord thereof,
and have settled already some of our people in places agreeable to
their desires in those parts, and in confidence of prosperous success
therein, by the continuance of God's divine blessing, and our royal
permission, have resolved, in a more plentiful and effectual manner,
to prosecute the same ; and to that purpose and intent, have desired
of us, for their better encouragement and satisfaction therein, and
that they may avoid all confusion, questions, or differences, between
themselves and those of the said first colony, that we would likewise
be graciously pleased to make certain adventurers, intending to erect
and establish fishery, trade, and plantation within the territories, pre-
cincts, and limits of the said second colony, and their successors,
one several distinct and entire body, and to grant unto them such
estate, liberties, privileges, enlargements and immunities there, as are
in those, our letters patents, hereafter particularly expressed and
declared.

And forasmuch as we have been certainly given to understand, by
divers of our good subjects, that have, for these many years past,
frequented those coasts and territories between the degrees of forty
and fortyeight, that there is no other the subjects of any christian
king or state, by any authority from their sovereign lords or princes,

PART I.] OF NEW ENGLAND. « 8

actually in possession of any of the said lands or precincts, whereby
any right, claim, interest, or title, may, might, or ought, by that
means accrue, belong, or appertain unto them, or any of them.

And also, for that we have been further given certainly to know,
that within these late years, there hath, by God's visitation, reigned
a wonderful plague, together with many horrible slaughters and mur-
ders, committed amongst the savages and British people there hereto-
fore inhabiting, in a manner to the utter destruction, devastation, and
depopulation of that whole territory, so as there is not left, for many
leagues together, in a manner, any that do claim or challenge any
kind of interest therein, nor any other superior lord or sovereign, to
make claim thereunto, whereby we, in our judgment, are persuaded
and satisfied, that the appointed time is come in which Almighty
God, in his great goodness and bounty towards us, and our people,
hath thought fit and determined, that those large and goodly territo-
ries, deserted as it were by their natural inhabitants, should be pos-
sessed and enjoyed by such of our subjects and people, as heretofore
have, and hereafter shall, by his mercy and favor, and by his power-
ful arm, be directed and conducted thither ; in the contemplation
and serious consideration whereof, we have thought it fit, according
to our kingly duty, so much as in us lieth, to second and follow God's
sacred will, rendering reverend thanks to his Divine Majesty, for his
gracious favor in laying open and revealing the same unto us, before
any other christian prince or state ; by which means, without offence,
and, as we trust, to his glory, we may with boldness go on to the
settling of so hopeful a work, which tendeth to the reducing and con-
version of such savages as remain wandering in desolation and dis-
tress, to civil society and christian religion, to the enlargement of our
own dominions, and the advancement of the fortunes of such of our
good subjects as shall willingly interest themselves in the said em-
ployment, to whom we cannot but give singular commendations for
their so worthy intention and enterprise.

We, therefore, of our special grace, mere motion, and certain Boundaries of the
knowledge, by the advice of the lords and others of our privy coun- '^°*'°^*
cil, have, for us, our heirs, and successors, granted, ordained, and
established, and, in and by these presents, do, for us, our heirs, and
successors, grant, ordain, and establish, that all that circuit, continent,
precincts, and limits, in America, lying and being in breadth from
forty degrees of northerly latitude from the equinoctial line, to forty-
eight degrees of the said northerly latitude, and in length by all
the breadth aforesaid, throughout the main land, from sea to sea,
with all the seas, rivers, islands, creeks, inlets, ports, and havens,

4 THE GREAT PATENT [PART I-

within the degrees, precincts, and limits of the said latitude and lon-
gitude, shall be the limits, and bounds, and precincts of the said sec-
ond colony.
TobecaiiedNew j^nd to the end that the said territories may forever hereafter be

England, in . . _ _

America. more particularly and certainly known and distinguished, our will and

pleasure is, that the same shall, from henceforth, be nominated,
termed, and called by the name of New England, in America, and
by that name of New England, in America, the said circuit, pre-
cinct, limit, continent, islands, and places in America aforesaid, we
do, by these presents, for us, our heirs, and successors, name, call,
erect, found, and establish, and by that name to have continuance for-
ever.

And for the better plantation, ruling, and governing of the afore-
said New England, in America, we will, ordain, constitute, assign,
limit, and appoint, and for us, our heirs, and successors, we, by the
advice of the lords, and others of the said privy council, do, by
these presents, ordain, constitute, limit, and appoint, that from hence-
' forth there shall be forever hereafter, in our town of Plymouth, in

the county of Devon, one body politic and corporate, which shall

:'o consist of 40 ^^ye perpetual succession ; which shall consist of the number of forty

persons. '■ ^

Tc

rsons.

persons, and no more ; which shall be, and shall be called and known
Name of the cor- ^y the name of the council established at Plymouth, in the county of

poration. •' • r tvt -t"

Devon, for the planting, ruling, ordermg, and governing of New Eng-
land, in America, and for that purpose, we have, at and by the nom-
ination and request of the said petitioners, granted, ordained, estab-
lished, and confirmed, and, by these presents, for us, our heirs, and
successors, do grant, ordain, establisli, and confirm our right trusty
and right well beloved cousins and counsellors, Lodowick, duke
of Lenox, lord Stewart of our household; George, lord marquis
Buckingham, our high admiral of England ; James, marquis Hamil-
ton ; William, earl of Pembroke, lord chamberlain of our household ;
Thomas, earl of Arundel ; and our right trusty and right well beloved
cousin, William, earl of Bath ; and our right trusty and right well
beloved cousin and counsellor, Henry, earl of Southampton ; and our
right trusty and right well beloved cousins, William, earl of Salisbu-
ry, and Robert, earl of Warwick; and our right trusty and right
well beloved John, viscount Haddington; and our right trusty and
well beloved counsellor, Edward, Lord Zouch, lord warden of our
cinque ports ; and our trusty and well beloved Edmond, lord Shef-
field, Edward, lord Gorges ; and our well beloved Sir Edward Sey-
mor, knight and baronet ; Sir Robert Mansel ; Sir Edward Zouch,
our knight marshal ; Sir Dudley Diggs, Sir Thomas Roe, Sir Fer-

PART I.] OF NEW ENGLAND. 5

dinando Gorges, Sir Francis Popham, Sir John Brooks, Sir Thom-
as Gates, Sir Richard Hawkins, Sir Richard Edgecomb, Sir Allen
Apsley, Sir Warwick Heale, Sir Richard Catchmay, Sir John
Bourgchier, Sir Nathaniel Rich, Sir Edward Giles, Sir Giles Mom-
pesson. Sir Thomas Worth, knights ; and our well beloved Mat-
thew SutclifF, dean of Exeter ; Robert Heath, Esq. recorder of our
city of London ; Henry Bourgchier, John Drake, Raleigh Gilbert,
George Chudley, Thomas Hamon, and John Argall, Esquires, to
be, and in and by these presents, we do appoint them to be, the first
modern and present council, established at Plymouth, in the county
of Devon, for the planting, ruling, ordering, and governing of New
England, in America ; and that they, and the survivors of them, and Power to fill va-

C3.nClGS

such as the survivors and survivor of them shall, from time to time,
elect and choose to make up the aforesaid number of forty persons,
when and as often as any of them, or any of their successors, shall
happen to decease, or to be removed from being of the said council,
shall be, in and by these presents, incorporated, to have a perpetual
succession forever, in deed, fact, and name, and shall be one body
corporate and politic ; and that those, and such said persons, and
their successors, and such as shall be elected and chosen to succeed
them, as aforesaid, shall be, and, by these presents, are and be in-
corporated, named, and called by the name of the council established
at Plymouth, in the county of Devon, for the planting, ruling, and
governing of New England, in America ; and them, the said duke of
Lenox, marquis Buckingham, marquis Hamilton, earl of Pembroke,
earl of Arundel, earl of Bath, earl of Southampton, earl of Sahsbury,
earl of Warwick, viscount Haddington, lord Zouch, lord Sheffield,
lord Gorges, Sir Edward Seymor, Sir Robert Mansel, Sir Edward
Zouch, Sir Dudley Diggs, Sir Thomas Roe, Sir Ferdinando Gor-
ges, Sir Francis Popham, Sir John Brooks, Sir Thomas Gates, Sir
Richard Hawkins, Sir Richard Edgecomb, Sir Allen Apsley, Sir
Warwick Heale, Sir Richard Catchmay, Sir John Bourgchier, Sir
Nathaniel Rich, Sir Edward Giles, Sir Giles Mompesson, Sir
Thomas Worth, knights ; Matthew SutclifF, Robert Heath, Henry
Bourgchier, John Drake, Raleigh Gilbert, George Chudley, Thom-
as Hamon, and John Argall, Esquires, and their successors, one
body corporate and politic, in deed and in name, by the name of the
council established at Plymouth, in the county of Devon, for the
planting, ruling, and governing of New England, in America.

We do, by these presents, for us, our heirs, and successors, real-
ly and fully incorporate, erect, ordain, name, constitute, and estab-
lish, and that, by the same name of the said council, they and their

6 THE GREAT PATENT [PART I.

successors, forever hereafter be incorporated, named, and called, and
shall, by the same name, have perpetual succession.

Power to pur- And further, we do hereby, for us, our heirs, and successors,

convey property, grant unto the said council established at Plymouth, that they, and
their successors, by the same name, be, and shall be, and shall con-
tinue persons able and capable in the law, from titne to time, and
shall, by that name of council aforesaid, have full power and authori-
ty, and lawful capacity and ability, as well to purchase, take, hold,
receive, enjoy, and to have to them and their successors, forever,
any manors, lands, tenements, rents, royalties, privileges, immunities,
reversions, annuities, hereditaments, goods, and chattels whatsoever,
of, or from us, our heirs, and successors, and of, or from any other
person or persons whatsoever, as well in and within this our realm of
England, as in and within any other place or places whatsoever or
wheresoever ; and the same manors, lands, tenements, and heredita-
ments, goods, or chattels, or any of them, by the same name, to
alien and sell, or to do, execute, or ordain and perform all other
matters and things whatsoever, to the said incorporation and planta-
tion concerning and belonging.

And further, our will and pleasure is, that the said council, for the
time being, and their successors, shall have full power and lawful au-

To sue and be thorily, by the name aforesaid, to sue and be sued, implead and to be
impleaded, answer and to be answered unto, in all manner of courts
and places that now are, or hereafter shall be, within this our realm,
and elsewhere, as well temporal as spiritual, in all manner of suits
and matters whatsoever, and of what nature or kind soever such suits
or actions be or shall be.

And our will and pleasure is, that the said forty persons, or the
greater number of them, shall, and may, from time to time, and at
any time hereafter, at their own will and pleasure, according to the
laws, ordinances, and orders of, or by them, or by the greater part
of them hereafter, in manner and form in these presents mentioned

To choose a pre- to be agreed upon, to elect and choose, amongst themselves, one ol
the said forty persons, for the time being, to be president of the said
council, which president, so elected and chosen, we will shall con-
tinue and be president of the said council, for so long time as by the
orders of the said council, from time to time to be made, as hereaf-
ter is mentioned, shall be thought fit, and no longer; unto which
president, or, in his absence, to any such person as, by the orders of
the said council, shall be thereunto appointed, we do give authority
to give order for the warning of the said council, and summoning the
company to their meetings.

PART I.] OF NEW ENGLAND. 7

And our will and pleasure is, that, from time to time, when, and
so often as any of the said council shall happen to decease, or to be
removed from being of the said council, that then, and so often, the
survivors of them of the said council, and no other, or the greater
number of them, who then shall be, from time to time, left and re-
maining, and who shall, or the greater number of which that shall be
assembled at a public court, or meeting, to be held for the said com-
pany, shall elect and choose one or more other person or persons, to
be of the said council, and which, from time to time, shall be of the
said council, so that the number of forty persons of the said council
may, from time to time, be supplied.

Provided always, that as well the persons herein named to be of
the said council, as every other counsellor hereafter to be elected,
shall be presented to the lord chancellor of England, or to the lord
high treasurer of England, or to the lord chamberlain of the house-
hold, of us, our heirs and successors, for the time being, to take his Oath to betaken,
and their oath and oaths, of a counsellor and counsellors, to us, our
heirs, and successors, for the said company and colony in New Eng-
land.

And further, we will and grant, by these presents, for us, our heirs, To have a com-
and successors, unto the said council, and their successors, that they, '"°"*^^-
and their successors, shall have and enjoy forever, a common seal,
to be engraven according to their discretion.

And that it shall be lawful for them to appoint what other seal, or May direct what

,1 I 11 I • 1 1 •!/■.• other seals shall

seals, tney shall thmk most meet and necessary, either lor their use, be used,
as they are one united body, incorporate here, or for the public use
of their government and ministers in New England aforesaid, whereby
the said incorporation may or shall seal any manner of instrument,
touching the same corporation, and the manors, lands, tenements,
rents, reversions, annuities, hereditaments, goods, chattels, affairs
and any other things, belonging unto, or in any wise appertaining,
touching or concerning the said council, and their successors, or
concerning the said corporation and plantation, in and by these our
letters patents, as aforesaid, founded, erected and established.

And we do further, by these presents, for us, our heirs, and sue- To admit persons

, . , -111- 1 • > 11 'o trade in New

cessors, grant unto the said council, and their successors, that it shall England.
and may be lawful to and for the said council, and their successors,
for the time being, in their discretions, from time to time, to admit
such and so many person and persons to be made free, and enabled
to trade and traffic unto, within, and in New England, aforesaid, and
unto every part and parcel thereof, or to have, possess, and enjoy
any lands or hereditaments in New England, aforesaid, as they shall

8 THE GREAT PATENT [PART I.

think fit, according to the laws, orders, constitutions, and ordinances,
by the said council, and their successors, from time to time, to be
made and established, by virtue of, and according to the true intent
of these presents, and under such conditions, reservations and agree-
ments, as the said council shall set down, order, and direct, and not
otherwise.

And further, of our especial grace, certain knowledge, and mere

motion, for us, our heirs, and successors, we do, by these presents,

give and grant full power and authority to the said council, and their

successors, that the said council, for the time being, or the greater

To appoint such part of them, shall and may, from time to time, nominate, make,

officers or agents . t • ^ r i t

of the company Constitute, ordain, and confirm, by such name or names, style or
cessary. " ' Styles, as to them shall seem good, and, likewise, to revoke and dis-
charge, change and alter, as well all and singular, governors, ofBcers,
and ministers, which hereafter shall be by them thought fit and need-
ful to be made or used, as well to attend the business of the said
company here, as for the government of the said colony and planta-
tion.
To make orders And also, to make, ordain, and establish all manner of orders,

and laws, provid-
ed they are not laws, directions, instructions, forms, and ceremonies of government

repugnant to the , . /• i r i • i

laws oi England, and magistracy, nt and necessary lor and concerning the government
of the said colony and plantation, so always as the same be not con-
trary to the laws and statutes of this our realm of England, and the
same at all times hereafter, to abrogate, revoke, or change, not only
within the precincts of the said colony, but also upon the seas, in
going and coming to and from the said colony, as they, in their good
discretion, shall think to be fittest for the good of the adventurers
and inhabitants there.

And we do further, of our special grace, certain knowledge, and
mere motion, grant, declare, and ordain, that such principal governor
as, from time to time, shall be authorized and appointed, in manner

The governor to and form in these presents heretofore expressed, shall have full power

exercise martial . i • ^ ■ • i i • r i ii-

law in certain ca- and authority to use and exercise martial laws, in cases oi rebelhon,

insurrection, and mutiny, in as large and ample manner, as our lieu-
tenants in our counties within our realm of England, have, or ought
to have, by force of their commission of lieutenancy.

And forasmuch as it shall be necessary for all such our loving sub-
jects as shall inhabit within the said precincts of New England afore-
said, to determine to live together, in the fear and true worship of
Almighty God, christian peace, and civil quietness, each with the
other, whereby every one may, with more safety, pleasure, and profit,
enjoy that, whereunto they shall attain with great pain and peril.

PART I.] OF NEW ENGLAND. 9

We, for us, our heirs and successors, are likewise pleased and
contented, and, by these presents, do give and grant unto the said
council, and their successors, and to such governors, officers, and
ministers, as shall be, by the said council, constituted and appointed
according to the natures and limits of their officers and places respec-
tively, that they shall and may, from time to time, forever hereafter. Powers of gov-
within the said precincts of New England, or in the way by the seas ^"^"""^
thither and from thence, have full and absolute power and authority
to correct, punish, pardon, govern, and rule all such the subjects of
us, our heirs and successors, as shall, from time to time, adventure
themselves in any voyage thither, or that shall, at any time hereafter,
inhabit in the precincts and territories of the said colony as aforesaid,
according to such laws, orders, ordinances, directions and instructions,
as by the said council aforesaid shall be established ; and, in defect
thereof, in cases of necessity, according to the good discretions of
the said governors and officers respectively, as well in cases capital
and criminal as civil, both marine and others ; so always as the said
statutes, ordinances and proceedings, as near as conveniently may be
agreeable to the laws, statutes, government and policy of this our
realm of England.

And furthermore, if any person, or persons, adventurers, or plant- Penalty for ex-
ers, of the said colony, or any other, at any time or times hereafter, &c.T(f IToreign
shall transport any monies, goods, or merchandizes, out of any pr^ence"of*'car-
our kingdoms, with a pretence and purpose to land, set, or otherwise ""yjng ihem to the
to dispose the same, within the limits and bounds of the said colony,
and yet, nevertheless, being at sea, or after he hath landed within
any part of the said colony, shall carry the same into any other for-
eign country, with a purpose there to set and dispose thereof, that then
all the goods and chattels of the said person, or persons, so offending,
and transported, together with the ship or vessel wherein such trans-
portation was made, shall be forfeited to us, our heirs and successors.

And we do further, of our special grace, certain knowledge, and
mere motion, for us, our heirs, and successors, for, and in respect of
the considerations aforesaid, and for divers other good causes and
considerations, us thereunto especially moving, and by the advice of
the lords and others of our said privy council, have absolutely given. Grant,
granted, and confirmed, and, by these presents, do absolutely give,
grant, and confirm, unto the said council, called the council estab-
lished at Plymouth, in the county of Devon, for the planting, ruhng,
and governing of New England, in America, and unto their succes-
sors, forever, all the aforesaid lands and grounds, continent, precincts,
place, places, and territories, (viz.) the aforesaid part of America,
2

10 THE GREAT PATENT [PART I.

lying and being in breadth from forty degrees of northerly latitude
from the equinoctial line, to fortyeight degrees of the said northerly
latitude inclusively, and in length of, and within all the breadth afore-
said, throughout the main land, from sea to sea, together also with all
the firm land, soils, grounds, havens, ports, rivers, waters, fishings,
mines, and minerals, as well royal mines of gold and silver, as other
mines and minerals, precious stones, quarries, and all and singular
other commodities, jurisdictions, royalties, privileges, franchises, and
pre-eminences, both within the said tract of land, upon the main, and
also within the said island and seas adjoining.
Provided the pre- Provided always, that the said islands, or any of the premises here-

misesarenotgov- ... j r

erned by any oth- in before mentioned, and by these presents, intended and meant to

er christian prmce , , , , . , , . i i ,

&c. be granted, be not actually possessed, or mhabited by any other

christian prince or state, nor be within the bounds, limits, or territo-
ries of that southern colony, heretofore, by us, granted to be plant-
ed by divers of our loving subjects in the south parts.
Ind^'c^ommonloc^ '^° ^^^^^ ^"^^ *° ^°^^' posscss, and cnjoy all and singular the afore-
age as of the ma- said Continent, lands, territories, islands, hereditaments, and precincts,

nor ot East , _ ' _ ' r •>

Greenwich. sea Waters, fishings, with all and all manner their commodities, royal-

ties, liberties, pre-eminences, and profits, that shall arise from thence,
with all singular their appurtenances, and every part and parcel there-
of, and of them to, and unto the said council, and their successors,
and assigns, forever, to the sole, only and proper use, benefit, and
behoof of them, the said council, and their successors, and assigns,
forever, to be holden of us, our heirs, and successors, as of our ma-
nor of East Greenwich, in our county of Kent, in free and common
socage, and not in in capite, nor by knights services.

Yieldingandpay- Yieldins: and paying, therefore, to us, our heirs, and successors,

ing one-fifth part O f J Qi ...

of gold and silver the fifth part of the ores of gold and silver which, from time to time,
and at all times hereafter, shall happen to be found, gotten and ob-
tained in, at, or within any the said lands, limits, territories, and pre-
cincts, or in, or within any part, or parcel thereof, for, or in respect
of all and all manner of duties, demands, and services whatsoever,
to be done, made, or paid to us, our heirs, and successors.

And we do further, of our especial grace, certain knowledge, and
mere motion, for us, our heirs, and successors, give and grant to the
said council, and their successors, forever, by these presents, that it

May carry pas- shall be lawful and free for them, and their assigns, at all and every

sengers to the . ^ ■ ^ r r i i • • i

colony. time and times herealter, out ot any our realms or dominions what-

soever, to take, lead, carry, and transport, in and into their voyages,
and for and towards the said plantation in New England, all such and
so many of our loving subjects, or any other strangers that will be-

PART I.] OF NEW ENGLAND. ll

come our loving subjects, and live under our allegiance, or shall will-
ingly accompany them in the said voyages and plantation, with ship-
ping, armor, weapons, ordnances, munition powder, shot, victuals,
and all manner of clothing, implements, furniture, beasts, cattle,
horses, mares, and all other things necessary for the said plantation,
and for their use and defence, and for trade with the people there,
and in passing and returning to and fro, without paying or yielding
any custom or subsidy, either inwards or outwards, to us, our heirs,
or successors, for the same, for the space of seven years from the
day of the date of these presents.

Provided, that none of the said persons be such as shall be here- Except such as

„ , . , • 1 1 1 • are restrained.

alter, by special name, restramed by us, our hen-s, or successors.

And, for their further encouragement, of our special grace and fa- Merchandize im-

, , , « 1-1 ported to the col-

vor, we do, by these presents, lor us, our heirs, and successors, ony or exported
yield and grant to, and with the said council, and their successors, free*of°ciuty° &c.
and every of them, their factors and assigns, that they, and every of
them, shall be free and quiet from all subsidies and customs, in New
England, for the space of seven years, and from all taxes and impo-
sitions for the space of twenty and one years, upon all goods or mer-
chandize, at any time or times hereafter, either upon importation
thither, or exportation from thence, into our realm of England, or
into any other our dominions, by the said council, and their succes-
sors, their deputies, factors, and assigns, or any of them, except
only the five pounds per cent, due for custom upon all such goods
and merchandizes as shall be brought or imported into our realm of
England, or any other of our dominions, according to the ancient
trade of merchants ; which five pounds per centum only being paid,
it shall be thenceforth lawful and free for the said adventurers, the
same goods and merchandize, to export and carry out of our said do-
minions into foreign parts, witliout any custom, tax, or other duty,
to be paid to us, our heirs or successors, or to any other officers or
ministers of us, our heirs and successors. Provided, that the said
goods and merchandizes be shipped out within thirteen months after
their first landing, within any part of those dominions.

And further, our will and pleasure is, and we do, by these pres-
ents, charge, command, warrant, and authorize the said council, and
their successors, or the major part of them, which shall be present
and assembled for that purpose, shall, from time to time, under their
common seal, distribute, convey, assign, and set over such particular
portions of lands, tenements, and hereditaments, as are, by these
presents, formerly granted unto each our loving subjects, naturally
born, or denizens, or others, as well adventurers as planters, as, by

12 THE GREAT PATENT [PART I.

Power to grant the said company, upon a commission of survey and distribution, ex-
ecuted and returned for that purpose, shall be named, appointed, and
allowed, wherein our will and pleasure is, that respect be had, as
well to the proportion of the adventurers, as to the special service,
hazard, exploit, or merit, of any person so to be recompensed, ad-
vanced, or rewarded.

And we do also, for us, our heirs, and successors, grant to the
said council, and their successors, and to all and every such gov-
ernors, or other officers, or ministers, as, by the said council, shall
be appointed, to have power and authority of government and com-
mand, i or over the said colony and plantation, that they, and every
of them, shall, and lawfully may, from time to time, and at all times
hereafter, forever, for their several defence and safety, encounter,
expulse, repel, and resist, by force of arms, as well by sea as by

Authority of offi- land, and all ways and means whatsoever, all such person and persons

cers to repel ene- . , , • i i- r ^i • i -i j ^u •

mies, &,c. as, without the special license ot the said council, and their succes-

sors, or the greater part of them, shall attempt to inhabit within the
said several precincts and limits of the said colony and plantation.

And also, all and every such person and persons whatsoever, as
shall enterprise or attempt, at any time hereafter, destruction, inva-
sion, detriment, or annoyance to the said colony and plantation.
None allowed to And that it shall be lawful for the said council, and their successors,
lony^ without the and every of them, from time to time, and at all times hereafter, and
couS"^""^ they shall have full power and authority to take and surprise, by
all ways and means whatsoever, all and every such person or persons
whatsoever, with their ships, goods, and other furniture, trafficking in
any harbor, creek, or place, within the limits and precincts of the
said colony and plantation, and not being allowed by the said council
to be adventurers or planters of the said colony.

And of our further royal favor, we have granted, and for us, our

heirs, and successors, we do grant unto the said council, and their

successors, that the said territories, lands, rivers, and places aforesaid,

or any of them, shall not be visited, frequented, or traded unto by any

other of our subjects, or the subjects of us, our heirs, or successors,

either from any of the ports and havens, belonging, or appertaining,

or which shall belong or appertain unto us, our heirs, or successors,

or to any foreign prince, state, or potentate whatsoever.

All other persons And therefore, we do hereby, for us, our heirs, and successors,

&t'wHh!he'cS charge, command, prohibit, and forbid all the subjects of us, our

°"^- heirs, and successors, of what degree or quality soever they be, that

none of them, directly or indirectly presume to visit, frequent, trade,

or adventure to traffic into, or from the said territories, lands, rivers.

PART I.] OF NEW ENGLAND. ^ 13

and places aforesaid, or any of them, other than the said council, and
their successors, factors, deputies, and assigns, unless it be with the
license and consent of the said council and company, first had and
obtained in writing, under their common seal, upon pain of our in-
dignation, and imprisonment of their bodies, during the pleasure of
us, our heirs, or successors, and the forfeiture and loss, both of their
ship and goods, wheresoever they shall be found, either within any
of our kingdoms or dominions, or any the place or places out of our
dominions, and for the better effecting of our said pleasure herein,
we do hereby, for us, our heirs, and successors, give and grant full
power and authority unto the said council, and their successors, for
the time being, that they, by themselves, their factors, deputies, or
assigns, shall and may, from time to time, and at all times hereafter,
attach, arrest, take, and seize all and all manner of ship and ships,
goods, wares, and merchandizes whatsoever, which shall be brought
from, or carried to the places before mentioned, or any of them,
contrary to our will and pleasure, before in these presents expressed,
the moiety, or one half of all which forfeitures, we do hereby, for us,
our heirs, and successors, give and grant unto the said council, and
their successors, to their own proper use, without accompt, and the
other moiety, or half part thereof, we will shall be and remain to the
use of us, our heirs, and successors.

And we likewise have condescended and granted, and, by these No license to be

granted to any

presents, for us, our heirs, and successors, do condescend, and grant other person to
to, and with the said council, and their successors, that we, our heirs, '
or successors, shall not, or will not, give and grant any liberty, li-
cense, or authority to any person or persons whatsoever, to sail,
trade, or traffic unto the aforesaid plantations of New England, with-
out the good will and liking of the said council, or the greater part
of them, for the time being, at any their courts to be assembled.

And we do, for us, our heirs, and successors, give and grant unto
the said council, and their successors, that whensoever, or so often
as any custom or subsidy shall grow due or payable, unto us, our
heirs, or successors, according to the limitation and appointment
aforesaid, by reason of any goods, wares, or merchandize, to be
shipped out, or any return to be made, of any goods, wares, or mer-
chandize, unto, or from New England, or any the lands or territories
aforesaid, that then, so often, and in such case, the farmers, custom- Time allowed for
ers, and officers of our customs of England and Ireland, and every any subsidy.
of them, for the time being, upon request made unto them by the
said council, their successors, factors, or assigns, and upon conveni-
ent security to be given in that behalf, shall give and allow unto the

14 'J'HE GREAT PATENT [PART I.

said council, and their successors, and to all person and persons free
of the said company as aforesaid, six months time, for the payment
of the one half of all such customs and subsidy, as shall be due and
payable unto us, our heirs, and successors, for the same ; for which
these, our letters patents, or the duplicate, or the enrolment thereof,
shall be, unto our said officers, a sufficient warrant and discharge.

Nevertheless, our will and pleasure is, that, if any of the said
goods, wares, and merchandizes, which be, or shall be, at any time
hereafter, landed and exported out of any our realms aforesaid, and
shall be shipped with a purpose not to be carried to New England afore-
said, that then such payment, duty, custom, imposition, or forfeiture,
shall be paid and belong to us, our heirs, and successors, for the said
goods, wares, and merchandizes, so fraudulently sought to be trans-
ported, as if this our grant had not been made nor granted.
Power lo admin- And we do, for US, our heirs, and successors, give and grant unto
the said council, and their successors, forever, by these presents,
that the said president of the said company, or his deputy, for the
time being, or any two others of the said council, for the said colony
in New England, for the time being, shall and may, at all times here-
after, and from time to time, have full power and authority to minis-
ter, and give the oath and oaths of allegiance and supremacy, or either
of them, to all and every person and persons, which shall, at any time
and times hereafter, go and pass to the said colony of New England.
And further, that it shall be, likewise, lawful for the said president,
or his deputy, for the time being, or any two others of the said coun-
cil, for the said colony in New England, for the time being, from
May administer time to time, and at all times hereafter, to minister such a formal
&c. ' oath, as by their discretions shall be reasonably devised, as well unto

any person or persons employed, or to be employed in, for, or
touching the said plantation, for their honest, faithful, and just dis-
charge of their service, in all such matters as shall be committed
unto them, for the good and benefit of the said company, colony,
and plantation, as also unto such other person or persons as the said
president, or his deputy, with two others of the said council, shall
think meet, for the examination or clearing of the truth, in any cause
whatsoever concerning the said plantation, or any business from
thence, proceeding, or thereunto belonging.

And to the end that no lewd or ill disposed persons, sailors, sol-
diers, artificers, husbandmen, laborers, or others which shall receive
wares, apparel, or other entertainment from the said council, or con-
tract and agree with the said council, to go, and to serve, and to be
employed in the said plantation, in the colony in New England, do

PART I.] OF NEW ENGLAND. 15

afterwards withdraw, hide, and conceal themselves, or refuse to go
thither, after they have been so entertained and agreed withal, and
that no persons which shall be sent and employed in the said planta-
tion of the said colony in New England, upon the charge of the said
council, do misbehave themselves by mutinous, seditious, or other
notorious misdemeanors, or which shall be employed, or sent abroad
by the governor of New England, or his deputy, with any ship or
pinnace, for provision of the said colony, or for some discovery, or
other business and affairs concerning the same, do, from thence,
treacherously either come back again, or return into the realm of
England, by stealth, or without license of the governor of the said
colony in New England, for the time being, or be sent hither as mis-
doers or offenders, and that none of those persons, after their return
from thence, being questioned by the said council here for such their
misbehaviors and offences, do, by insolent and contemptuous car-
riage, in the presence of the said council, shew little respect and
reverence, either to the place or authority in which we have placed
and appointed them, and others, for the clearing of their lewdness
and misdemanors, committed in New England, divulge vile and slan-
derous reports of the country of New England, or of the government
or estate of the said plantation and colony, to bring the said voyages
and plantation into disgrace and contempt, by means whereof, not
only the adventurers and planters already engaged in the said planta-
tion, may be exceedingly abused, and hindered, and a great number
of oui loving and well disposed subjects, otherwise well affected, and
inclined to join and adventure in so noble a christian and worthy an
action, may be discouraged from the same, but also the enterprize it-
self, may be overthrown, which cannot miscarry, without some dis-
honor to us and our kingdom.

We, therefore, for preventing of so great and enormous abuses
and misdemeanors, do, by these presents, for us, our heirs, and suc-
cessors, give and grant unto the said president, or his deputy, or such
other person, or persons, as, by the orders of the said council, shall'
be appointed, by warrant, under his or their hand or hands, to send
for, or cause to be apprehended, all and every such person and per-
sons, who shall be noted, or accused, or found, at any time or times
hereafter, to offend, or misbehave themselves, in any the affairs be-
fore mentioned and expressed ; and, upon the examination of any Council author-
such offender or offenders, and just proof, made by oath, taken be- fenders '^&c! ^ °
fore the said council, of any such notorious misdemeanors, by them
to be committed, as aforesaid, and also, upon any insolent, contemp-
tuous, or unreverent carriage, or misbehavior, to or against the said

16 THE GREAT PATENT [PART I.

council, to be shewed or used, by any such person or persons, so
called, convinced, and appearing before them, as aforesaid, that, in
all such cases, our said council, or any two, or more of ihem, for
the time being, shall, and may have full power and authority, either
here to bind them over with good securities for their good behavior,
and further therein to proceed, to all intents and purposes, as it is
used in other like cases within our realm of England, or else, at their
discretions, to remand and send back the said offenders, or any of
them, to the said colony of New England, there to be proceeded
against and punished, as the governors, deputy, or council there, for
the time being, shall think meet, or otherwise, according to such laws
and ordinances, as are, and shall be in use there, for the well order-
ing and good government of the said colony.

And our will and pleasure is, and we do hereby declare, to all
christian kings, princes, and states, that, if any person or persons,
which shall hereafter be of the said colony or plantation, or any other,
by license or appointment of the said council, or their successors, or
otherwise, shall, at any time or times hereafter, rob, or spoil, by sea
or by land, or do any hurt, violence, or unlawful hostility, to any of
the subjects of us, our heirs, or successors, or any of the subjects of
any king, prince, ruler, or governor, or state, being then in league
and amity with us, our heirs, and successors ; and that, upon such
injury, or upon just complaint of such prince, ruler, governor, or
state, or their subjects, we, our heirs, or successors, shall make open

Foroffences com- proclamation, within any of the parts of our realm of Endand com-
mitted by the col- ^ J. r , , , , •
onists or (other modious lor that purposc, that the person or persons having commit-

persons under au- , i i i -i i n • i • i • t • i i i

thorityofthe ted any such robbery or spoil, shall, within the time limited by such
tion"to'be made ^ proclamation, make full restitution or satisfaction of all such injuries

or —

done, so as the said princes, or others so complaining, may hold
themselves fully satisfied and contented ; and if that the said person
or persons, having committed such robbery or spoil, shall not make,
or cause to be made, satisfaction accordingly, within such time so to
be limited, that then it shall be lawful for us, our heirs, and succes-
sors, to put the said person or persons out of our allegiance and pro-
tection, and that it shall be lawful and free for all princes to prosecute
with hostility the said offenders, and every of them, their and every
of their procurers, aiders, abettors, and comforters in that behalf.
All persons born Also, we do, for US, our heirs, and successors, declare, by these

within the colony i n i i i • i • i • i

to be free deni- prcscuts, that all and cvciy the persons being our subjects, which

of England. ■'^'^'^ shall go and inhabit within the said colony and plantation, and every

of their children and posterity, which shall happen to be born within

the limits thereof, shall have and enjoy all liberties, and franchises,

PART I.] OF NEW ENGLAND. 17

and immunities of free denizens and natural subjects, with any of our
other dominions, to all intents and purposes, as if they had been
abiding, and born within this our kingdom of England, or any other
our dominions.

And lastly, because the principal effect which we can desire, or
expect of this action, is the conversion of, and reduction of the peo-
ple in those parts, unto the true worship of God and christian reli-
gion, in which respect we would be loath that any person should be
permitted to pass, that we suspected to affect the superstition of the
church of Rome, we do hereby declare, that it is our will and pleas- None •permitted

^ J ' _ "^ to visit the colony

ure, that none be permitted to pass in any voyaae, from time to without having

' ^ ^ 1, /. , first taken the

time to be made into the said country, but such as shall first have oath of suprema-
taken the oath of supremacy ; for which purpose, we do, by these
presents, give full power and authority to the president of the said
council, to tender and exhibit the said oath to all such persons as
shall, at any time, be sent and employed in the said voyage.

And we also, for us, our heirs, and successors, do covenant and
grant to, and with the council, and their successors, by these pres-
ents, that if the council, for the lime being, and their successors, or
any of them, shall, at any time or times hereafter, upon any doubt
which they shall conceive, concerning the strength or validity in law,
of this our present grant, or be desirous to have the same renewed and
confirmed by us, our heirs, and successors, with amendments of such
imperfections and defects, as shall appear fit and necessary to the said
council, or their successors, to be reformed and amended, on the be-
half of us, our heirs, and successors, and for the furthering of the
plantation and government, or the increase, continuing, and flourishing
thereof, that then, upon the humble petition of the said council, for the
time being, and their successors, to us, our heirs, and successors, we, Farther assur-
our heirs, and successors, shall and will, forthwith, make and pass, '
under the great seal of England, to the said council, and their suc-
cessors, such further and better assurance of all and singular the lands,
grounds, royalties, privileges and premises aforesaid, granted, or in-
tended to be granted, according to our true intent and meaning, in
these our letters patents, signified, declared, or mentioned, as by the
learned council of us, our heirs, and successors, and of the said
company, and their successors, shall, in that behalf, be reasonably
devised or advised.

And further, our will and pleasure is, that, in all questions and The charter to
doubts, that shall arise upon any difficulty of construction or interpre- tion^benefidaHo
tation of anything contained in these our letters patents, the same ^'^^ council.

18

THE GREAT PATENT OF NEW ENGLAND. [PART I.

Officers to
notice.

take

Foriner grants
confinr.ed.

shall be taken and interpreted, in most ample and beneficial manner,
for the said council, and their successors, and every member thereof.

And we do further, for us, our heirs, and successors, charge and
command all and singular admirals, vice admirals, generals, comman-
ders, captains, justices of peace, mayors, sheriffs, bailiffs, constables,
customers, comptrollers, waiters, searchers, and all the officers of us,
our heirs, and successors whatsoever, to be, from time to time, and at
all times hereafter, in all things aiding, helping, and assisting unto the
said council, and their successors, and unto every of them, upon re-
quest and requests, by them to be made, in all matters and things,
for the furtherance and accomplishment of all or any the matters and
things by us, in and by these our letters patents, given, granted, and
provided, or by us meant or intended to be given, granted, and pro-
vided, as they, our said officer, and the officers of us, our heirs, and
successors, do tender our pleasure, and will avoid the contrary, at
their perils.

And also, we do, by these presents, ratify and confirm unto the
said council, and their successors, all privileges, franchises, hberties,
and immunities, granted in our said former letters patents, and not in
these our letters patents, revoked, altered, changed, or abridged, al-
though expressed, mentioned, &c. — In witness, &c., witness ourself
at Westminster, the third day of November, in the eighteenth year of
our reign over England, &c.

Par Breve de Pnvato SigillOy ^c.

This is a true copy from the original record remaining in the
chapel of the rolls having been examined.

HEN. ROOKE,

Clerk of the Rolls.

COMPACT

MADE ON BOARD THE MAY FLOWER, NOV. 11, 1620.

In the name of God, amen. We whose names are under written,
the loyal subjects of our dread sovereign Lord, King James, by the
grace of God, of Great Britain, France and Ireland, King, Defend-
er of the Faith, &c. Having undertaken for the glory of God, and
advancement of the christian faith, and the honour of our King and
country, a voyage to plant the first colony in the northern parts of
Virginia ; do by these presents solemnly and mutually, in the pres-
ence of God and one another, covenant and combine ourselves to-
gether into a civil body politick, for our better ordering and preser-
vation, and furtherance of the ends aforesaid : And by virtue hereof,
do enact, constitute and frame such just and equal laws, ordinances,
acts, constitutions and officers, from time to time, as shall be thought
most meet and covenient for the general good of the colony ; into
vv^hich we promise all due submission and obedience. In witness
whereof, we have hereunto subscribed our names, at Cape Cod, the
eleventh of November, in the reign of our sovereign Lord, King
James, of England, France and Ireland, the eighteenth, and of Scot-
land the fifty-fourth, Anno. Dom. 1620.

John Carver, John Howland,

William Bradford, Stephen Hopkins,

Edward Winslow, Edward Tilly,

William Brewster, John Tilly,

Isaac AUerton, Frances Cooke,

Miles Standish, Thomas Rogers,

John Alden, Thomas Tinker,

Samuel Fuller, John Ridgdale,

Christopher Martin, Edward Fuller,

William MuUins, John Turner,

William White, Francis Eaton,

Richard Warren, James Chilton,

20

COMPACT OF THE PILGRIMS.

[part r.

John Craxton,
John BilHngton,
Joses Fletcher,
John Goodman,
Digery Priest,
Thomas Williams,
Gilbert Winslow,
Edmund Margeson,
Peter Brown,

Richard Bilteridge,
George Soule,
Richard Clark,
Richard Gardiner,
John AUerton,
Thomas English,
Edward Doten,
Edward Leister.

THE CHARTER

COLONY OF NEW PLYMOUTH,

GRANTED TO WILLIAM BRADFORD AND HIS ASSOCIATES.

To all to whom these presents shall come greetinge: — Whereas
our late sovereigne lord King James for the advancemente of a col-
lonie and plantacon in the cuntry called or knowne by the name of
New-Englande in America, by his highnes letters patients under the
greate seale of Englande bearinge date att Westminster the third
day of November in the eighteenth yeare of his highnes raigne of
England &c. did give graunte and confirme unto the right honoble Recital that King

Ti-iiiiii/'r /-I 111 c J<*mes I. granted

Lodovvicke late lord duke oi Lenox, (jeorge late lord marques ot to the council at
Buckingham, James marques Hamilton, Thomas earle of Arundell, von!"°"
Robert earle of Warwicke and Ferdinando Gorges, knight, and divers
others whose names are expressed in the said letters pattents and
their successors that they should bee one bodie pollitique and cor-
porate perpetually consistinge of forty persons, and that they should To consist of 40
have perpetuall succession and one common seale to serve for the
said body and that they and their successors should be incorporated
called and knowne by the name of the Councell established at Ply-
mouth in the county of Devon for the plantinge ruleinge orderinge
and governinge of New Englande in America, and alsoe of his spe-
tiall grace certaine knowledge and meere motion did give graunte
and confirme unto the said presidente and councell and their succes-
sors forever under the reservations limitations and declaracons in
the said letters pattents expressed, all that part and portion of the
said cuntry now called New-England in America scituate, lyinge and
beinge in breadth from fFourty degrees of northerly latitude from the All that part of

. ,, ,. ^ -11 r ^ • 1 1 1 1 • 1 America from W

aqumoctiall line to itourty eight degrees ot the said northerly latitude to 48 degrees
inclusively, and in length of and in all the breadth aforesaide through- ""''"' latitude.
out the maine lande from sea to sea, together alsoe with all the firme
landes soyles grounds creeks inletts havens portes seas rivers

22 COLONY CHARTER. [PART T.

islands waters fishinges mynes and mineralls as well royall mines
of gold and silver as other mines and mineralls pretious stones quar-
ries and all and singuler the commodities jurisdiccons royalties priv-
ileges fFranchises and preheminencies both within the said tracts of
lands upon the maine, as alsoe within the said islands and seas adioyn-
inge: To have hold possesse and enioy all and singuler the foresaid

To hold in fee. continente landes territories islands hereditaments and pl'cints sea
waters fishinges with all and all manner their commodities royalties
privileges preheminences and profRtts that shall arise from thence,
with all and singuler their appurtenaces and every parte and parcell
thereof unto the said councell and their successors and assignes for-
ever: To be holden of his Ma"<^, his heirs and sucessors as of his
manno"" of East Greenwiche in the county of Kent in free and com-
mon soccage and not in capite nor by knights service yeeldinge and
prayinge therefore to the said late King's Ma''*', his heires and succes-

Paying the fifth sors the fifte parte of the oare of gold and silver which from tyme to

part of the ore of r ■

gold and silver, tyme and att all tymes from the date of the said letters pattents
shalbe there gotten had and obtained for and in respect of all and all
manner of duties demands and services whatsoever to be done
made and paid unto his said late Ma''®, his heirs and successors as in
and by the said letters pattents amongst sundry other privileges and
matters therein contained more fully and at large it doth and may ap-
peare. Novi^ knovve yee that the said councell by virtue and author-
ity of his said late Ma'^ letters pattents and for and in consideracon

Grant to Wiiham that William Bradford and his associatts have for these nine veares

Bradford and as- . . _ _ , •'

sociates. lived in New Englande aforesaid and have there inhabited and plant-

ed a towne called by the name of New Plimouth att their own proper
costs and charges: And now seeinge that by the speciall providence
of god, and their extraordinary care and industry they have increased
their plantacon to neere three hundred people, and are uppon all oc-
casions able to relieve any new planters or others his Ma'^ subjects
whoe may fall uppon that coaste ; have given graunted bargained
sould enfeoffed allotted assigned and sett over and by these pres-
ents doe cleerely and absolutely give graunt bargaine sell alien
enfeoffe allott assigne and confirme unto the said William Bradford,
his heires, associatts and assignes all that part of New-Englande in
America aforesaid and tracte and tractes of lande that lye within or

Boundaries of the betweenc a ccrtaine rivolet or rundlett there commonly called Coa-
hassett alias Conahassett towards the north, and the river commonly
called Naragansets river towards the south ; and the great westerne
ocean towards the east, and betweene and within a straight line di-
rectly extend inge upp into die maine land towards the west from the

PART I.] COLONY CHARTER. 23

mouth of the said river called Naragansetts river to the utmost lirnitts
and bounds of a cuntry or place in New Englande called Pokenacutt
alias Sowamsett westward, and another like straight line extendinge
itself directly from the mouth of the said river called Coahassett
alias Conahassett towards the west so farr up into the maine lande
westwardes as the utmost lirnitts of the said place or cuntry com-
monly called Pokencutt alias Sowamsett doe extend, togeather with
one half of the said river called Naragansetts and the said rivolett or
rundlett called Coahassett alias Conahassett and all lands rivers wa-
ters havens creeks ports fishings fowlings and all hereditiments
proffitts comodities and emoluments whatsoever situate lyinge and
beinge or ariseinge within or betweene the said lirnitts and bounds or
any of them. And for as much as they have noe conveniente place
either of tradinge or ffishinge within their own precinls whereby (af-
ter soe longe travell and great paines,) so hopefull a plantacon may
subsiste, as alsoe that they m.ay bee iucouraged the better to proceed
in soe pious a worke which may especially tend to the propagation
of religion and the great increase of trade to his Ma*^^ realmes, and
advancemente of the publique plantacon, the said councell have
further given graunted bargained sold enfeoffed allotted assigned
and sett over and by these presentcs doe cleerely and absolutely
give graunte bargaine sell alien enfeoffe allott assigne and con-
firme unto the said William Bradford his heires associats and as-
signes all that tracte of lande or parte of New England in America Tract of land on

tliG IvGnncbcck*

aforesaid w*^'' lyeth within or betweene and extendeth itself from the
utmost limitts of Cobbiseconte alias Comasee-Conte which adjoineth
to the river of Kenebeke alias Kenebekike towards the westerne
ocean and a place called the falls att Mequamkike in America afore-
said, and the space of fifteene Englishe miles on each side of the said
river commonly called Kenebek river, and all the said river called
Kenebek that lies within the said limitts and bounds eastward
westward northward or southward laste above mentioned, and all
lands grounds soyles rivers waters fishings hereditam'* and prof- jurisdiciion, &c.
fitts whatsoever situate lyinge and beinge arisinge happeninge or
accrueinge, or which shall arise happen or accrue in or within the
said limitts and boundes or either of them^together with free ingresse
egresse and regresse with shipps boates shallopps and other ves-
sells from the sea commonly called the westerne ocean to the said
river called Kennebek and from the said river to the said westerne
ocean, togeather with all prerogatives rights royalties jurisdiccons,
priviledges ffranchises liberties and ymunities, and alsoe marine lib-
erty with the escheats and casualties thereof the Admiralty Jurisdic-

24 COLONY CHARTER. [PART I.

Admiralty ex- con excepted with all the interest right title claime and demande
*^^^ ■ whatsoever which the said councell and their successors now have

or ought to have and claime or may have and acquire hereafter in or
to any the said porcons or tractes of land hereby menconed to be
graunted, or any the premisses in as free large ample and beneficiall.
manner to all intents, construccons and purposes whatsoever as the
said councell by vertue of his Ma'^ said letters pattents may or can
To hold in fee. graunte ; to have and to holde the said tracte and trades of lande and
all and singular the premisses above menconed to be graunted with
their and every of their appurtenances to the said William Bradford
his heires associatts and assignes forever, to the only proper and ab-
solute use and behoofe of the said William Bradford his heires as-
Paying, &c. sociats and assignes forever ; Yeeldiiige and payinge unto our said
soveraigne Lord the Kinge, his heires and successors forever one-
fifte parte of the oare of the mines of gold and silver and one other
fifte parte thereof to the presidente and councell, which shall be had
possessed and obtained within the precints aforesaid for all services
and demands whatsoever. And the said councell doe further graunt
and agree to and with the said William Bradford his heires associa-
atts and assignes and every of them, his and their ffactors agents
tenants and servants and all such as hee or they shall send and em-
ploy aboute his said particular plantacon, shall and may from tyme to
tyme fFreely and lawfully goe and returne trade and traffique as well with
the Englishe as any of the natives within the precincts aforesaid, with
Liberty of fishing, liberty of fishingc uppon any parte of the sea coaste and sea shoares

trading, &c. r ' i . . . • , , • i

01 any the seas or islands adjacente and not beinge mhabited or
otherwise disposed of by order of the said presidente and councell :
To import, and alsoe to importe exporte and transporte their goods and merchandize
dize, paying, &c. att their wills and pleasures paying only such duty to the kings Ma^'^,
his heires and successors as the said Presidente and councell doe or
ought to pay without any other taxes impositions burdens and re-
straints uppon them to be imposed. And furdier the said councell
doe graunt and agree to and with the said William Bradford his heires
Persons transpor- associatts and assignes, that the persons transported by him or any

ted not to be lak- p , i n i i i i i i • i i

en from the em- 01 them sualJ uot DC taken away, ymployed or commanded either by
^"^(iford and^a's- the Governo"" for the tyme beinge of New Englande or by any other
sociatcs, except, authority there, from the buisines and employmente of the said Wil-
liam Bradford and his associats his heires and assignes ; necessary
defence of the cuntry preservacon of the peace suppressinge of tu-
mults within the lands, trialls in matters of justice by appeale uppon
spetiall occasion only excepted. Alsoe it shall be lawfuU and free for
the said William Bradford his associats his heires and assignes att all

PART I.] COLONY CHARTER. 25

tymes hereafter to incorporate by some usuall or fitt name and title,
him or themselves or the people there inhabitinge under him or them
with liberty to them and their successors from tyme to tyme to
frame, and make orders ordinances and constitucons as well for the To make laws
better governmente of their affairs here and the receavinge or ad- '

mittinge any to his or their society, as alsoe for the better governm*
of his or their people and affaires in New Englande or of his and
their people att sea in goeinge thither, or returninge from thence,
and the same to putt in execucon or cause to be putt in execucon
by such officers and ministers as he and they shall authorise and de-
pute : Provided that the said lawes and orders be not repugnante to ivot repugnant to
the lawes of Englande, or the frame of governmente by the said pres- jaaj^*^ °^ ^"^
idente and councell hereafter to be established. And further it shall
be lawfull and free for the said William Bradford, his heires, associa-
ats and assignes to transporte cattle of all kinds, alsoe powder shot May transport
ordnance and municon from tyme to tyme as shal be necessary for &c. ^''^"^ ^^'
their strength and safety hereafter for their severall defence ; to en-
counter expulse repell and resiste by force of amies as well by sea
as by lande, by all waies and meanes whatsoever. And by vertue of
the authority to us derived by his said late Ma''* letters pattents to
take apprehend seize and make prize of all such persons their shipps To seize all per-
and goods as shall attempt to inhabite or trade with the savage people and goods^ aV^^
of that cuntry within the severall precincts and limitts of his and their tr'ade withTh'e In-
severall plantacon, or shall enterprise or attempt att any tyme de- ^'^"^' ^'^'
struccon invasion detriment or annoyance to his and their said
plantacon ; the one moiety of which goods soe siezed and taken it Onemoietythere-
shalbe lawfull for the said William Bradford his heires associats and and^the^oUier^'mo-
assignes to take to their own use and behoofe ; the other moyety Bradford ^d'as^
thereof to be delivered by the said William Bradford his heires as- ^°"^^^s-
sociats and assignes to such officer and officers as shalbe appointed
to receave the same for his Ma'* use. And the said councell doe
hereby covenante and declare that it is their intente and meaninge for
the good of this plantacon that the said William Bradford his asso-
ciats his or their heires or assignes shall have and enjoy whatsoever To enjoy all the

• ., . ., r 1 1 • 1 1 • privileges that

privilege or privileges oi what kinde soever, as are expressed or in- were granted to
tended to be graunted in and by his said late Ma'« letters pattents, piyniouth &c.
and that in as large and ample manner as the said councell there-
by now may or hereafter can graunte, coynnige of money ex-
cepted. And the said councell for them and their successors doe
covenante and graunte to and with the said William Bradford, his
heires associates and assignes by these presents, that they the
said councell shall at any time hereafter uppon request att the only
4

26 COLONY CHARTER. [PART I.

To make further proper costs and charees of the said William Bradford, his heires

assurance or con- -^ -^ . .

veyance. associats and assignes doe make suffer execute and willingly con-

sent unto any further acte or actes, conveyance or conveyances, as-
surance or assurances whatsoever, for the good and perfect investinge
assureinge and conveyinge and sure makinge of all the aforesaid tracte
and tractes of landes royalties mines mineralls woods fishinges
and all and singuler their appurtenances, unto the said William Brad-
ford his heires associats and assignes as by him or them or his or
their heires and assignes, or his or their councell learned in the lawe
shalbe devised, advised and required. And lastly know yee that wee
the said counsell have made constituted deputed authorized and ap-
pointed Captaine Miles Standish, or in his absence Edward Wins-
lowe, John Howlande and John Alden, or any of them to be our

Captain Miles true and lawful attorney and attornies jointly and severally in our

Standish, or &c. , , .... , ^ i i i

to enter upon the name and Steed to enter mto the said tracte and tractes oi iande and
s?on,' and ^r^be- ot^^^'" ^hc premisscs with their appurtennances, or into some parte
to deliver seizen' thereof in the name of the whole for us and in our names to take pos-
session and seisin thereof, and after such possession and seisin there-
of or of some parte thereof in the name of the whole had and taken ;
then for us and in our names to deliver the full and peacable pos-
session and seisin of all and singuler the said menconed tobe graunt-
ed premisses unto the said William Bradford his heires associatts
and assignes or to his or their certaine atturney or atturnies in that
behalf ratify inge alloweinge and confirminge all whatsoever our said
atturney doe in or about the premisses. In witness whereof, the
said councell established att Plimouth in the county of Devon for
the plantinge ruleinge orderinge and governinge of New England in
America have hereunto putt their seale the thirteenth day of January
in fifte yeare of the raigne of our Soveraigne Lord Charles by the
grace of God, Kinge of Englande Scotland Fraunce and Ireland
defender of the ffaithe &c. Anno Dom' 1629.

R. WARWICKE.

(Seal.)

PART I.] COLONY CHARTER. 27

The within named John Alden authorized as attorney for the
widiin mensioned counsill haveing in theire name and stead entered
into some parte of the within mensioned tracts of land, and other
the premisses in the name of the whole ; and for them and in theire
names taken possession and seizin thereof, did in the name of the
said counsill deliver the full and peacable possession and seizin of all
and singular the within mensioned to be graunted prepisses unto
William Bradford for him his heires associates andassignes: Secun-
dem formam cartae.

In presence of

JAMES CUDWORTH,
WILLIAM CLARKE,
NATHANIEL MORTON, Secretary.

LAWS

COLONY OF NEW PLYMOUTH

1623.

Orders agreed on at severall times for the general! good of the col-
ony and the better government and preservation of the same.
Trial by jurj,;. It was Ordained 17 day of December An" 1623 by the court

1636 and 1658. then held that all criminal! facts, and also all matters of trespasses and
debts betvveene man and man should be tried by the verdict of twelve
honest men to be impanelled by authority in forme of a jury upon
their oath.
Exportation of It was decreed by the court held the 29'^ of March An^ 1626,
Re-enacted in " That for the preventing of such inconveniences as do and may befall
^" ■ the plantation by the want of timber, That no man of what condition
soever sell or transport any maner of workes as frames for houses
plankes boards shipping shallops boats cannoes or whatsoever may
tend to the destruction of timber afores*^ how little soever the
quantity be without the consent approbation and liking of the Gov-
ernour and councile. And if any be found faulty herein and shall
imbarque or any way convey to that end to make sale of any the
goods aforesaid expressed or intended by this decree the same to be
forfeited and a fine of twise the vallue for all so sold to be duly taken
by the Governour for the use and benefit of the company.
Handicraftsmen It was further decreed the day and year above written for the pre-

forbiddentowork • r i i

for strangers. vcntmg of such abuses as do and may arise amongst us that no handy-
craftsman of what profession soever as taylors shoemakers carpen-
ters joyners smiths sawyers or whatsoever w<='' do or may reside or
belong to this plantation of Plimouth shall use their science or trades
at home or abroade for any strangers or foreigners till such time as
the nescessity of the colony be served. Without the consent of the
Governo'' and council!, the breach thereof to be punished at their
discretion.

PART I.] LAWS OF THE COLONY OF NEW PLYMOUTH. 29

It was ordained the s'^ 29 of March 1626 : for the preventing scar- No corn, beans,
sity as alsoe for the furthering of our trade that no come beans or ported,
pease be transported, imbarqued or sold to that end to be conveyed
out of the colony without the leave and licence of the governour and
counsell. The breach whereof to be punished with los of the goods
so taken or proved to be sold : and the seller further fined or punish-
ed or both at the discression of the Gov'' and Councill.

It was agreed upon by the whole court held the sixth of January Dwelling houses
1627 that from hence forward no dweUing house was to be covered wi(hVo°a^rdTr
with any kind of thatche as straw reed &c. but with either board or l^^'^'
pale and the like to wit of all that were to be new built in the towne.

Plimouth : The 3'' of January 1627. It was agreed in a full court
about division of lands as followeth.

Imp"" That the first division of the acres should stand and continue Division of lands,
firme according to the former division made unto the possessors
thereof and to their heires forever : Free liberty being reserved for
all to get fire wood thereon but the timber trees were excepted for
the owners of the ground.

2ly. That the 2 division should consist of 20 acres to every per-
son and to containe five in breadth & four in length and so accord-
ingly to be divided by lott to every one which was to have share
therein.

Sly. The ground to be judged sufficient before the lots were
drawne and the rest to be left to comon use.

4ly. This being done, that for our better subsistance and conveni-
ence those grounds which are nearest the town in whose lott soever
they fall shall be used by the whole for the space of 4 years from the
date hereof: viz', first that the right owner make choice of twice that
quantity he shall or may use within the said terme and then to take to
him such neighbours as shall have need and he think fit: but they
cannot agree then the Govern'' and Councill may appoint as they
think meet: provided that the woods be ordered for felling and lop-
ping according as the owner shall appoint: for neither fire wood nor
other timber either for building or fencing or any other use is to be
felled or caryed off of any of these without the owners leave &
licence, but he is to preserve them to his best advantage.

Sly. That whatsoever the surveighers judge sufficient shall stand
without contradiction or opposition and every man shall rest content-
ed with his lott.

6ly. That after the purchasers are served as afores'^, that then
such planters as are heirs to such as dyed before the right of the land

30

LAWS OF THE

[part I.

was yielded to the adventurers have also 20 acres a person pportion-
able to their right layed out in part of their inheritance.

7ly. That first they shall begin where the acres of the first divi-
sion end and lay out that to the Eele river so far as shall be thought
fitt by the surveighers, and returne to the north side of the town &
so pceed accordingly, and that they leave all great timber swamps for
common use.

Sly. That fowling fishing and hunting be free.

91y. That the old path ways be still allowed and that every man
be allowed a conveanient way to the water wheresoever the lot fall.

Lastly that every man of the surveighers have a peck of corne for
every share of land layed out by them to be paid by the owner there-
of when the same is layed out.

Note. William Bradford, Edward Winslow, John Howland, Francis Cooke, Joshua
Pratt and Edward Bangs were the persons who allotted the land.

1632.

January, 1632.
Penalty for re-
fusing to serve
as governor.

Penalty for de-
clining the office
of assistant.

except, &c.

Re-enacted in

J636.

and repealed

June 25, 1G45.

It was enacted by public consent of the freemen of this society of
New Plymouth, that if now or hereafter any were elected to the of-
fice of governor and would not stand to the election, nor hold and
execute the office for his year that then he be amerced in twenty
pounds sterling fine ; and in case refused to be paid upon the lawful
demand of the ensuing governor then to be levied out of the goods,
or chatties of the said person so refusing.

It was further ordered and decreed that if any were elected to the
office of councell and refused to hold the place, that then he be
amerced in ten pounds sterling fine, and in case refused to be paid
to be fort'owith levied.

It was further decreed and enacted that in case one and the same
person should be elected gov'' a second year having held the place
the foregoing year it should be lawful for him to refuse without any
amercment. And the company to proceed to a new election except
they can prevaill with him by entreaty.

Whereas in the beginning and first planting of this colony, it was
ordered that all should plant their corn &c. as neere as might be to
the town of Plymouth aforesaid, and for that end an acre of land was
allowed and allotted to each person for their prnt use, and so to them
and their heires forever ; — and whereas the said acres lay open w*''out

PART I.] COLONY OF NEW PLYMOUTH. 31

inclosure, divers laws and orders have been made to prevent such The land former-

, . . oil, ly allotted to each

damage as might befall the whole by kine swine goats &c., that so by person to be in-
hearding or other courses men's labours might be preserved and
such damage or losse as fell upon any to be made good by the own-
ers of the same cattle trespassing. But since the said acres are for
the most part worne out, and cattle by God's blessing abundantly in-
creasing and necessity constrayning to inclose elsewhere, it was
thought meet at a court held the 2^' of Jan. 1632, that the former
priviledges of the said acres should be laid downe and that as else-
where no man set corne upon them w'hout inclosure but at his perill.
And whereas our ancient worke of fortification by continuance of
time is decayed and christian wisdome teacheth us to depend upon
God in the use of all good meanes for our safety, it is further agreed
by the court aforesaid that a worke of fortification be made about the A fortification to
said fort in March or April next ensuing by the whole strength of
men able to labour in the colony ; and that the gov*" and councell Every person in

... , the colony able to

measure the worke and appoint the whole their joint and severall pts labor to aid in the
of labour. And that in case any shall faile their appointed time by ^°^ "
themselves or assigns for themselves or serv'^, they forfeit ten shil-
lings a day for each default, and to pay for his or their pt of labour
as the overseers of the worke shall agree notwi^'^standing.

In regard of our dispersion so far asunder and the inconvenience
that may befall, it is further ordered that every freeman or other in- Every person to

• 1 f 1 ■ ir 1 1 • LI be provided with

habitant of this colony provide for himselie and each under him able arms and ammu-

,^ . , , , • 1 1 r nition who is able

to beare armes a sufficient musket and other serviceable peece lor to bear them.
war with bandeleroes and other apurtenances with what speede may '^"^^ '"
be : and that for each able person aforesaid, he be at all times after
the last of May next ensuing furnished with two pounds of powder
and ten pounds of bullets, and for each default in himselfe or serv*^ to
forfeit ten shillings.

1633.

These things following were determined and enacted July 1, 1633.
That the person in whose house any were found, or suffered to ^}j^se"house'"an
drinke drunck be left to the arbitrary fine and punishment of the oneisibunddrunk

•^ . -^ to he lined, &c.

Gov^ and Councell accordine to the nature and circunistances of the Re-enacted in

° 1G36 and 1658.

same.

That no sheep be sold out of the colony under penalty of forfeit- ^^ ^^^^^ *° ^^
ing their due value.

32

LAWS OF THE

[part I.

Oct.

The seat of Gov-
ernment and the
residence of the
Governor to be at
Plymouth.

The original al-
lotments to be
surrendered.
Re-enacted in
1636.

Herrings, shad,
&c., to be appro-
priated to the use
of the inhabitants
of Plymouth.
Re-enacted in
1636.

Wills to be prov-
ed before the
Gov. and Coun-
cil.

Re-enacted in
1636 and 1638.

The wife to ad-
minister on the
estate of an intes-
tate.

An administrator
of the estate of a
person dying
witliout kijidrod
to be ri[)pointcd
by the Governor.

It was by full consent agreed upon and enacted that the chiefe
government be tyed to the towne of Plymouth, and that the Gov^
for the time being be tyed there to keepe his residence and dwell-
ing. And there also to hold such courts as concerne the whole.

It was further enacted, That whereas formerly a small moyety of
land was allotted to each family for their convenient subsistence in
the towne viz' to each person an acre. And that now the said acres
lie void the ancient inhabitants being for the most part removed from
thence : Insomuch that as formerly they were the meanes of subsist-
ing in towne ; now the propriety of persons in them elsewhere seated
hinder others from coming into the towne by which meanes the said
towne is like to be dispeopled. It was therefore agreed upon by the
mutual consent of the whole (two persons excepted) that all and
every such person or persons should surrender and cast up their right
in the said acres that they may be disposed of to such as doe or
shall inhabite the said towne of Plymouth, as also odier the u'ast
grwonds about the said towne by such an orderly and equall cowrse
as shall be thought meet by the Gov^ and Councell of the said colo-
ny. And that the said Gov'' and Councell thinke of some equall
cowrse where any have been purchased and the persons not able to
make satisfaccon.

That whereas God by his providence hath cast the fish called ale-
wives or herrings in the raiddest of the place appointed for the towne
of Plymouth ; and that the ground thereabout hath been worne out
by the whole to the damage of those that inhabite the same ; that
therefore the said herrings alewives or shadds comonl}' used in the
setting of corne be appropriated to such as doe or shall inhabite the
towne of Plymouth aforesaid, and that no other have any right or
propriety in the same onely for bait for fishing, and that' by such an
orderly cowrse as shall be thought meet by the Gov'" and Councell.

That the wills and testaments of those that die be proved orderly
before the Gov"" & Councell within one moneth after the decease of
the testator. And that a full inventory duly valued be presented with
the same before L"^? of administracon be granted to any of all the
goods & chattells of the said persons. Also if in case any man die
without will his goods be by his wife or other neerest to him inven-
toried & duly valued & presented to the Gov^f & Councell within
one moneth after the decease of the same person so dying. And if
it be a single person without kindred heere resident, That then the
Gov"" appoint some to take a just inventory of the same, and to pre-
sent the same upon oath to be true and just as in other the cases
before mentioned.

PART I.] COLONY" OF NEW PLYMOUTH. 33

That the Gov"" and Councell of Assistants hire a watch & charge Watch to be kept,
it upon the whole colony according to the accustomed manner, for
the year following.

That all and every person within the colony be subiect to such Every person i.a-

.' i J J IjIj; (o (JQ niilrtary

military order for trayning and exercise of arms as shall be thought iiuty.
meet agreed on and prescribed by the Gov"" and Assistants.

That in case it fall out that any die more indebted than their estate When the per-

. Ill sonal estate of a

of goods and chattells amount unto, It the person so deceased have person deceased

, , . , . ,.~ . .... r 1 • 1 is insufficient to

bought any lands in his lile time to the impairing ot his estate other- ^ay the debts,
wise that the lands so bought be sold to make satisfaction to the tal^" may behold'
creditors. But whereas a portion is disposed of to each for the sub- jcg'g"^'^^^'^ '"
sistance of him or herself & family: that such lands remaine to the
survivors his or her heires no seizure being allowed the creditors in
that case.

That in case a man die bankerout as afore considering the rawnes
of the countrey and the small meanes for help and reliefs can yet be
afforded by others and that life must be preserved in the widow
children or both ; and considering the cases of persons cannot be
alike, but some may require more help some lesse, it is ordered The property al-

1 1 /-i 1 A • 'o^'cd l^y the

and determined that whatsoever the Gov"" and Assistants shall allow Gov. and Ass. to
the widow and fatherless or motherless in this kind for their prent dren out of an
comfort shall be to them and their comfort, notw"'standing they dare lo^be^prolec^cd^o
not administer nor shall they be liable to any paym' to any the cred- Rg"e„a(.igd ;„
itors of the deceased in respect thereof provided too great detriment I'^^s.
come not to the creditors thereby.

That whereas by an ancient order 2'f was allowed p. head to any, The bounty on

ir 1 1 I 1 r 1 • wolves dispensed

that should kill a wolte throughout the colony lor the incouragement with except when

f. 1 1 1 . ~ r .1 . T, unusual exertions

01 persons to seeke the destruccon ot those ravenous creatures, It arc made to take
being observed that none purposly seeke them but accedentally '"^'"'
light on them and so unworthily receive the benefit. It is thought
meet to cutt off the same, and make it of no force except to such as
by the speciall approbacon of the Gov'' and Councell shall set them-
selves by traps or other engines to take the same and to make pay-
ment to such upon the Gov'ts warrant as before.

That whatsoever damage comes to any by cowes goats or sheep Damages caused

^ , , . , , . . , . , . 1 by trespasses of

or any t)t that kinde by coming into their corne or gardens be made cattle to be made
good by the owners according as it shall be valued by two of the f^'e'^.enacted in
neighbours, notYv'^standing any former law to the contrary. ^'^^^ "'"^ ^^^^'

That there be no great swine kept about the towne to the annoy- Swinc not to run
ance of any in their corne gardaines meades &c. But that upon
due warning first given to drive them away the owners of them make
5

at large.

g4 LAWS OF THE [PART I.

Damage to be good whatsoever damage shall be given by the arbitracon of two of

paid as estimated • i i

by two neighbors, the neighbours.

Firing of woods That whereas many have sustayned great damage by the indiscreet
tain'sea'sons/"' fyHng of the woods, It is by these prnt order forbidden to any to set
1638.^''^^^'*' fire of them between the moneth of September and the moneth of
March.

And that whatsoever daniag cometh to any by the breach of this
order to be made good by the delinquent. Also whensoever any
are justly occasioned to fire the same at any other time they shall
give warning thereof to the neighbours about them.
Measures to be That whereas great abuse may arise by diversity of measures, It
is order that all measures be brought to the Messenger or Constable
of Plym. to be sealed and that it be lawfull for any to refuse any
that hath not the scale prefixed thereon.
Lands to ser- That whcreas by indenture many are bound to eive their serv'^land

vants, where to •' . .

be located. at the expiracon of their terme ; it is ordered that they have it at

Scituate or some other convenient place wdiere it may be usefull.

Foot paths. That whereas divers foote pathes lie thorow mens inclosures and

that great damage hath & may come to many by pulling up the same
for driving of cattle or the like, It is ordered that no man pull up
any but upon extreame necessity nor then without leave.

&c'"to^be'°free"^' ^^ ^^ enacted by the Court, that fishing fowling and hunting bee

l^e-enacted in f^-gg provided if any damage comes to any particulare by the prose-

1C36 and 1638. _^ ... .

cution of such exercise restitutions bee made or the case actionable.
But if any man desire to improve a place and stocke it with fish of
any kind for his private use, it shalbee lawfull for the Court to make
any such graunt and for bid all others to make useof it.
Every constable- It is enacted by the Court that every Cunstablericke have a

lick lo have a

pound. sufficient pound to impound cattle that shall transgresse any such

Rc-cnactcd in , i n i

163G and 1G53. orders as are or snalbe made.

No man to herd It is enacted by the Court, that noe man shall heard his owne

his cattle to the . ,. -.

prejudice of oth- cattle or Other men's to the prejudice of any att or neere his or

ers

Re-enacted in theire house upon theire land ; but upon due notice and warning
shall reforme it or the case be actionable.
July. It was decreed that ye new bushell, being a seald bushell brought

of Winchester out of England of Winchester measure should be alowed and no
other, and all other measures to be brought into the constable to be
made conformable to the same, and so to be sealed by him with
the scale appoyntcd for that end and this to be done by the last of

But not to afTect this present month. But notwithstanding that all former bargains

gains. and sales that were made before this day, they are to be fulfilled by

old measure.

PART 1.] COLONY OF NEW PLYMOUTH. 35

At this Court it was concluded yt ye Jury should have 6'' pr. Jan.

•'•'•' _ Jurors to have

man, and ye foreman 12'' in shuch cases of controversie as they sixpence, &c.

Re-eiiacled in
shall goe upon. IGSG and 1G53.

That no servant coming; out of his time or other sinde person be March.

^ . ... No person allow-

sufFered to keep house, or be for him or themselves till such time ed to keep house
as he or they be competently provided of armes and municon Rc-cnacted in
according to the orders of the Colony. And that if any such be ^vUh an'nitcra-
yet wanting they be provided as aforesaid or else provide them- a°";s"o'^bo'fuf-
selves such masters as may provide for them. And this to be done "'shed lonhwuh

•' i upon clue warn-

within the space of one month ensuing. >"o-

That none be suffered to retale wine or strong water or suffer ^'^^^^^.^J.^.^,^^^"^'
the same to be drunke in their houses except it be at some inne or except—

' _ _ Ke-enacted m

victualling house, and there only to strangers at their first coming, 1636 and 1638.
not exceeding the value of two pence a person ; and that no beer be
sold in any such place to exceed two pence the Winchester quart.

That no man keep more swine than can be kept to lie ordinarily ^"^^^°|.'"g ^^^
about their owne houses. And if they drive them from home to <■»" lie about

'' _ their owners'

drive and keep them in such places where no detrim' may come to houses.

any thereby.

That at such convenient time as shall seeme meet to the Gov^'. and Highways, how-
to be mended.

Councill upon warning given all men meet together for the mending To forfeit tiiree
of the highwaies, with such tooles and instruments as shall be ap- fault."
pointed. And for default every person to forfeit three shillings.

1636.

At a general court held the fourth and fifth of Octob' 1636, the Oct.

... Committees ap-

ordinances of the colony and corporation being read divers were pointed to aid the
found worthy the reforming — others the rejecting and odiers fitt to slsta'nts in the
be instituted and made ; it was therefore ordered and agreed that faws.'°"
four for the towne of Plymouth — two for Scituate and two for
Duxborrow should as comittees for the whole be added to the
gov'' and assistants to sertefie and prepare such as should be thought
most convenient, that if approved they may be put in force the
next general court.

That such serv'"^ as come out of their time and are by their Servants poming
con'^ to have lands have only five acres apeece, if found fit to oc- to have 5 acres
cupie it for themselves in some convenient place.

S6 LAWS OF THE [PART I.

None to keep That none be allowed to be housekeepers or build any cottages

collages liir'ap- till such time as they be allowed and approved by the gov"^ and

proved by Gov. mi

and Council. COUnClil.

Re-enacted in

Miv Plymouth, JYov. 15, 1636.

Preamble. Whereas at his Ma^'^s court held the 4th and 5th of Octob"^ in the

12th yeare of the raige of our soveraign Lord Charles by the grace
of God King of Engl. Scotl. Fr. and Irel. defender of the Faith

Who were chosen ^^ jj ^^-gs Ordered that Mr. William Brewster, Mr. Raph Smith,

to revise the laws. ' > i ^

Mr. John Done and John Jenny for the town of Plymouth ; Jona-
than Brewster and Christopher Wadsworth for Duxburrough and
James Cudworth and Anthony Annable for Scituate should be add-
ed to the Gov"" and assistants as comittees for the whole body of
this comonweale, should meet together the 15th of Nov'^'" at Ply-
mouth above menconed, and there to peruse all the laws, orders and
constitucons of the plantacons within this government that so those
that are still fitting might be established ; those that time hath made
unnecessary might be rejected ; and others that were wanting might
be prepared, that so the next court they might be established.
Recital of reasons ]\fo\v beinff assembled accordins; to the said order and having read

for making laws. _ ° ° _

the combinacon made at Cape Cod the 11th of Nov^"" 1620 in the
yeare of the raigne of our late Sov. L. King James of Engl. Fr.
and Irel. the eighteenth and of Scotland the fifty-fourth as also our
letters patients confirmed by the honourable councell, his said Ma*'®
established and granted the 13 of January 1629 in the fifte year of
the raigne of our Sov. Lord King Charles and finding that as free
borne subjects of the state of Engl, we hither came endewed w"=^
all and singular the priviledges belong to such in the first place, we
thinke good that it be established for an act.
No law, or ordi- That according to the and due privilege of the subject afore-

nance to be made ... i cj j

without the con- said no iniposicoH law or ordnance be made or imposed upon or

sent of the free- , , , i i , „ ,

men. by Ourselves or others at present or to come but such as shall be

made or imposed by consent according to the free liberties of the
state and Kingdome of Engl, and no otherwise.

Recital of author- That whcreas before expressed, we finde a solemne and binding

iiy to make laws. i t t-> ^ • r i • m • c -r-«

combmacon, as also L""^ Patents denvatory irom his Ma*'® oi Lng.
our dread Sov. for the ordering of a body politick within the sever-
al! limits of this patent viz* from Cowahasset to the utmost bounds
of Puckanokick westward, and all that tract of land southward to the
southerne ocean with all and singular lands rivers havens waters
creeks ports fishings fowlings &c. By vertue whereof we or-

PART I.] COLONY OF NEW PLYMOUTH. 37

daine institute and appoint the first Tuesday in March every yeare Eieciion to be on
for the eleccon of such officers as shall he thought meet for the guid- of March.

J . r .1 • — Altered to June

ing and governm* ot this corporacon. ;„ kjss.

At the day and time appointed a Gov'' and seaven assistants be Governor and

, , , , •11 -i-i •II'- seven assistants

chosen to rule and governe the said plantacons within the said limits to be chosen for
for one whole yeare and no more. And this eleccon to be made Ekciikm by the
onely by the freemen according to the former custome, and that then Re!!!|fa"ted w
also constables for each part and other inferior officers be also cho- ]^^^\ , , . .

■i Constables to be

sen. chosen.

That in every eleccon some one of the assistants or some other
sufficient persom be chosen treasurer for the yeare present, whose Treasurer to be
place it shall be to receive in whatsoever sum or sums shall appertaine to Re-enacted in
the royalty of the place either coming in by the way of fine amerceam^
or otherwise ; and shall improve the same for the publick benefitt of
this corporacon by order of the governmt, as also to give a just ac- How to account,
count thereof to the ensuing treasurer and to the Gov"" whenever he
shall demand it or the court when they appoint.

That a clarke of the court also be chosen for the yeare. cierk to be chos--

That also one be chosen to the office of coroner to be executed as coroner to be
neere as may be to the laws and practise of the kingdome of Engl,, '='^°^'^"-
and to continue one yeare.

THE OFFICE OF THE GOVERNOR.

The office of the Gov"" for the time being consists in the execucon The duties and
of such laws and ordnances as are or shall be made and established Governor.
for the good of this corporacon according to the severall bounds and and^ Tee!^ 'except
limits thereof; viz', in calling together or advising with the assistants word^''in*the\st
or councell of the said corporacon upon such materiall occasions or i"ie, "nomore

• ■■■ without renewing

so seeming to him as time shall bring forth. In which assembly and by election/'

= ° . ^ read, "until

all others the Gov"" to propound the occasion of the assembly and another be elect--
have a double voice therein. If the assistants judge the case too
great to be desided by them and refer it to the Generall Court, then
the governor to summon a court by warning all the freemen aforesaid
that are then extant, and there also to propound causes and goe be-
fore the assistants in the examinacon of particulars and to propound
such sentence as shall be determined. Further it shall be lawful fqr
him to arrest and comit to ward any offenders provided that with all
convent speede he shall bringe the cause to hearing either of the as-
sistance or Generall Court according to the nature of the offence.
Also it shall be lawful for him to examine any suspicious persons for
evill against the colony, as also to intercept or oppose such L''^ as
he conceiveth may tend to overthrow of the same. And that this

38 LAWS OF THE [PART I.

office continue one whole yeare and no more without renewing by
eleccon.

THE OATH OF THE GOVERNOR.

You shall sweare to be truly loyall to our Soveraigne Lord King
Charles his heires and successors,* {the State and Govern^ of Eng-
land as it now stands). Also according to that measure of wisdome
understanding and discerning given unto you faithfully equally and
indiflerently without respect of persons to administer justice in all
cases corning before you as the Governour of New Plymouth.
You shall in like man'' faidifully duly and truly execute the laws and
ordnances of the same and shall labor to advance and further the
good of the Colonies and Plantacons within the limits thereof to
tlie utmost of your power and oppose any thing that shall seeme to
hinder the same. So helpe you God who is the God of truth and
punisher of falsehood.

At the Court held at Plymouth the 11th of June 1664, this
following aded, and the Gov^ tooke oath thereunto.

You shall alsoe carefully attend what is required by his Ma"®*
Privy Councell of the governors of the respective Collonies in
reference unto an acte of Parliament for the encurrageing and in-
creasing of shipping and navigation, bearing date from the first of
December, 1660.

THE OATH OF A FREEMAN.

Re-enacted in You shall be truly loyall to our Sov. Lord King Charles his

heires and successors, {the State and Govern^ of England as it
now stands). You shall not speake or doe devise or advise any
thing or things act or acts directly or indirectly by land or water
that doth shall or may tend to the destruccon or overthrow of this
ppnt Plantacons, Colonies or Corporacon of New Plymouth ; neither
shall you suffer the same to be spoken or done, but shall hinder
oppose and discover the same to the Gov"^ and Assistants of the said
Colony for die time being or some one of them. You shall faith-
fully submit unto such good and wholesome laws & ordnances as
either are or shall be made for the ordering & govern' of the same,
and shall endeavour to advance the growth & good of the severall

* The words " to our sovereign lyord King Charles, liis heirs and successors," arc erased
in the original, and the words " the State and Government of England as it now stands,"
are interlined — and also erased. The oalhs of some of the other officers, which follow, have
tho same interlineations and erasures. In other respects, the oath of the Governor was the
same in 1G58.

166a

PART I.] COLONY OF NEW PLYMOUTH. 39

plantations within the limits of this Corporacon by all due meanes &
courses. All which you promise and sweare by the name of the
great God of Heaven & earth simply truly and faithfully to per-
forme as you hope for help from God, who is the God of truth &
punisher of falsehood.

THE OFFICE OF AN ASSISTANT.

The office of an Assistant for the time being consisteth in appear- Duties of an As-
ing at the Governors sumons, and in giving his best advice both in Re-enacted in
piiblick Court & private Councell with the Gov"" for the good of the
Colonies* within the limits of this Government. Not to disclose
but keep secret such tilings as concerne the publick good and shall
be thought meet to be concealed by the GoV & Councell of As-
sistants. In having a speciall hand in the examinacon of publick
offenders and in contriving the affaires of the Colony. To have a
voice in the censuring of such offenders as shall not be brought to
publick Court. That if the Governor have occasion to be absent
from the Colony for a short time by the Gov"" with the consent of
the rest of the Assistants, he may be deputed to governe in the
absence of the Governour. Also it shall be lawfull for him to exam-
ine & comit to ward where any occasion ariseth where the Gov"" is
absent, provided the person be brought to further hearing with all
convenient speede before the Governor or the rest of the Assistants.
Also it shall be lawfull for him in his Ma*'*^^ name to direct his war-
rants to any Constable within the Government who ought faithfully
to execute the same according to the nature and tenure thereof.
And may bind over persons for matters of crime to answere at the
next ensueing Court of his Ma^'^ after the fact comitted or the per-
son apprehended.

THE OATH OF THE ASSISTANTS.

Yee shall all sweare to be truly lovall to our Soveraigne Lord Re-enacted in

. 1658.

King Charles his heires and successors. Also ye shall faithfully
truly & justly according to that measure of discerning & discretion
God hath given you be assistant to the Gov'' for this present yeare
for the execucon of Justice in all cases & towards all persons
coming before you without partiallity according to the nature of the
office of an Assistant read unto you. Moreover, yee shall diligently
duly & truly see that the lawes & ordnances of this Corporation

* The word " colonies'' is often used instead of " townships," in the early laws and
records.

40 LAWS OF THE [PART I.

be faithfully executed ; and shall labor to advance the good of the
severall Plantacons within the limits thereof, and oppose any thing
that shall hinder the same by all due means and courses. So help
you God who is the God of truth & punisher of falsehood.

THE OATH OF ANY RESIDING WITHIN THE GOVERNMENT.

You shall be truly loyall to our Sover. Lord the King his heires
and successors. And whereas you make choice at present to reside
within the Govern' of New Plymouth, you shall not doe or cause to
be done any act or acts directly or indirectly by land or water that
shall or may tend to the destruccon or overthrow of the whole or
any of the severall Colonies within the said Govern' that are or shall
be orderly erected & established ; but shall contrariwise hinder op-
pose & discover such intents & purposes as tend thereunto to the
Governor for the time being or some one of the Assistants with all
convenient speede. You shall also submit unto & obey such good
& wholesome lawes ordnances & officers as are or shall be estab-
lished within the severall limits thereof. So help you God who is
the God of truth and punisher of falsehood.

THE OATH OP A CONSTABLE.

You shall swear to be truly loyall to our Soveraigne Lord King
Charles his heires and successors, (the state and Government of
afilis"^'^'^^ '" England as it noiv stands) You shall faithfully serve in the office
of a Constable in the ward of for this present yeare, according

to that measure of wisdom understanding and discretion God has
given you. In which time you shall diligently see that his Ma''^'^
peace comanded be not broken, but shall carrie the person or per-
sons offending before the Governor of this Corporacon or some one
of his Assistants and there attend the hearing of the case and such
order as shall be given you. You shall apprehend all suspitious per-
sons, and bring them before the said Gov"" or some one of his As-
sistants as aforesaid. You shall duly & truly serve such warrants
& give such sumons as shall be directed unto you from the Gov'' or
Assistants before menconcd, and shall labor -to advance die peace &
happiness of this corporacon, & oppose any thing that shall seeme to
annoy the same by all due meanes and courses. So help you God
who is the God of truth and punisher of falsehood.

ELECTION OF OFFICERS AT THE GENALL COURTS.

That the annuall eleccon of officers before expressed be at a Gen-
erall Court held in his Ma''cs name of Engl. And that the Gov"" in

1658.

PART I.] COLONY OF NEW PLYMOUTH. 41

due season by warrant directed to the severall Const, in his Ma^ic^ S'wameTto the
name aforesaid sive warning; to the freemen to make their appear- election by war-
ance. And that all other our courts warrants summonds or comands emor in iiisMa-

1 1 1 • 1 c i,' jesty's name.

by way of justice be all done dn-ected and made in the name ol his
Majesty of England aforesaid our dread soveraigne.

FYNE OF NON-APP'^ANCE.

And for default in case of appearance at the eleccon before men- Fine for non-ap-
coned without due excuse each delinquent to be amerced m 3* sterl.

COURTS WHERE KEPT.

That the Government, viz' the generall Courts and Courts of
Assistants be held at Plymouth &- that the GoV hold his dwelling Tiie clause in

J J ^ Italics was re-

there for the present yeare, except Inferior Courts as for some matters pealed March

shall be allowed by this Court in other places of this Government. edinthe original

records.

GRAND JURY HOW PANNELLED.

That a great Quest be pannelled by the Gov'' and Assistants or
the major part of them & warned to serve the king by enquiring into
the abuses & breaches of such wholesome lawes & ordnances as
tend to the preservacon of the peace and good of the subject. And
that thev present such to the Court as they either finde guilty or prob- The words "or

" 1 1 1 /-I 1 n 1 probably sus-

ably suspect^ that so they may be prosecuted by the Gov"" by all due pect" are erased

in the original.

meanes.

March 2, 1640, It is enacted. That no presentment hereafter No presentment

to be made ex-

shalbe exhibited to the Grand enquest to be brought to the Bench cept on oath,
except it be down upon oath, and that it shalbe lawfull for any of the
Assistants to administer an oath in such case.

STOCKS AND WHIPPING POSTS.

That in every Constablerick there be a paire of stocks erected, stocks, cage and

„ _, . , 7 r 7 7- • whipping posts to

Also a Cage which shall be of competent strength to detain a prisoner be erected.
and a whipping post &, diese to be erected in such places as shall be igss, except the
thought meet by the severall neighbourhoods where they concerne whilfh islras^eT'
upon the penalty of X^. for any towneship, which shalbe defective
herein.

HIGHWAYS.

That the Constables see the high wais for man & beast be made The constable to

^ _ have charge of

& kept in convenient repaire, & therefore be also appointed sur- the highways,
veighor for the liberty he is chosen. And if it fall out that a way be erased,
wanting upon due complaint, that then the Governour pannell a Jewry,
6

42 LAWS OF THE [PART I.

and upon oath charge them to lay out such way as in conscience they
finde most beneficiale for the comon weale, and as little prejudice as
may be to the particulars.

WHO TO BE PANELD IN JURIES.

Persons who are That it be lawfuU for the Governour as well to pannell such the
be empanelled as kinges subjccts of good report that are freeholders & no freeman
Re-enacted in upon Jewry to doe service to his Ma^'^ as well as such as have taken
up their freedome if thought convenient.

LAWES MADE BY YE FREEMEN.

The freemen to That the lawes and ordnances of the Colony & for the government
and ordinances, of the samc be made onely by the freemen of the Corporacon and
All taxes to be no Other, provided that in such rates & taxacons as are or shall be
upon the freemen laid upon the whole they be without partiality so as die freeman be
^ ° ^'^' not spared for his freedome, but the levy be equall. And in case

any man finde himselfe aggrieved, that his complaint may be heard

& redressed if there be due cause.

OATH OF FIDELITY TO ALL.

All persons to That an oath of Alleeiance to the Kins; & fidelity to the Govern-

take the oath of . .

allegiance. ment & the scv. Colonies therein be taken of every person that shall

live within or under the same.

TRYALL BY JURY.

Trial by jury in That all trialls whether capitall or between man & man be tryed
Re-enacted in by Jewryes according to the presidents of die law of Engl, as neer
as may be.

GOVERNOR AND TWO ASSISTANTS TO DETERMINE CASES

SUB 40 S.

That the Gov"" and two Assistants at the lest shall as occasion

shall be offered in time convenient determine in such triviall cases

Also to determine viz'- under forty shillings between man & man as shall come before

them ; as also in offences of small nature shall determine, doe &L

execute as in wisdome God shall direct them.

OFFENCES CAPITALL.

Re-enaoted in Capitall offences lyable to death.

lf)58, omitting ,^ i ii- • i r i t.- • o

aduitory. for 1 rcason Or rebellion against the person ot the Kmg, fetate or

peiiaiiv was then Comonwcalth, either of England or these Colonies.

p.ov.ded. ^jjp^jj ^^^jg^^

PART I.] COLONY OF NEW PLYMOUTH. 43

Solema Compaction or conversing with the divell by way of
witchcraft conjuracon or the like.

Willful! or purposed burning of ships houses.
Sodomy, rapes, buggery.
Adultery to be punished.

OFFENCES CRIMINALL.

Fornication & other uncleane carriages to be punished at the dis- Fornication, &c.

to be punished at

cretion of the Majestrates according to the nature thereof. the discretion of

_,..,. . the magistrates.

Jpornication before contract or marriage.

The stealing or attempting to steale ships boats municon or other
things of that nature to be punished according to the determinacon of
the Magistrates.

SALE OF LANDS ACKNOWLEDGED BEFORE ONE OF ASSISTANTS.

That all sales exchanges gifts morgages leases or other con- All sales of land,

° ^ ° ^ &c. to be ac-

veyances of houses & lands, the sale to be acknowledge before the knowiedged be-
Goyi" or any one of the Assistants & committed to publick record sistant, and be
and the fees to be payd. Re°Jnactedin

1658.
MARKE OF CATTLE.

That every man's marke of his cattle be brought to the towne Cattle, how
booke where he lives & that no man give the same but shall alter
any other bought by him & put his ovvne upon them.

LAND AFTER GREENWICH HOLD.

That inheritance do descend according to the comendable cus- Inheritances, how-
tome of Engl, and hold of Est. Greenwich. Re-enacted in

1638.
A WIVES PT OF LANDS AND GOODS.

That if the husband die the wife shall have a third part of his Widow's portion
lands during her life and a 3'^ of his goods to be at her owne dis- red estate during
poseinge. j,^i^j ^^ ,^3 p^^.

sonal estate.

WEIGHTS AND MEASURES.

Re-enacted in
I66L

That one comon standard to be used by all for weight and meas- The Winchester
ure. And that according to Winchester which is the standard of Sard.^"''^*''^

TTpp-l Re-enacted in

o 1658.

OF WARRE AND LEAUGES.

That no warre or league of peace be made by any particular per- The General
son or persons but such as shall be agreed and determined in and by make warVr°

peace, except.

44 LAWS OF THE [PART I.

a General! Court, except in such case of emenent danger as a Court
cannot be called or sumoned.

SOLDIERS PRESSED.

Soldiers, how im- That in casc necessity require to send forces abroade and there be
pre^se m o ser ^^^ volunteers Sufficient offered for the service, then it be lawfull for
the Gov' and assistants to presse in his Ma^'^s name by their warrant
Ifwoundedtobe directed to the Constables. Provided if any that shall goe returne
colony. maymed & hurt he shall be mayntayned competently by the colony

Horses to be tak- duringe his life. And also that if there shalbe neede of horses for

1

en for the public
service.
Re-enacted in

service. the Countrcy's service it shalbe lawfull for the Gov and assistants

1658. " likewise to presse horses paying them for them for said service by

the or taking order for their payment.

Persons convict- That Concerning misdemeanors as any shall be convicted in court

ed of misdemean- - ., , iiiii t i_

ors 10 be censur- ot any particular to be sensured by the bench according to the na-
y e enc . ^^^,^ ^^ ^j^^ offence as God shall direct them.

MARRIAGE.

No person under That none be allowed to marry that are under the covert of pa-
covert of parents i i i ■ -n •
allowed to marry rents but by their consent and approbacon. But in case consent

sent. cannot be had then it shalbe with the consent of the Gov"" or some

be obtained ™"be assistant to whom the persons are knowne, whose care it shall be to

referred to Gov. ^j^g marriasje be fitt before it be allowed by him. And after ap-

or some one oi ~ j r

Uie assistants probation be three severall times published before the solemnising of
three times. it. Or els in placcs where there is no such meetings that contracts

Re-enacted in . i t i i i i • i n i

1658. or agreements of marriage may be so published that then it shall be

lawfull to publish them by a writing thereof made and set upon the
usuall publicke place for the space of fifteene days, provided that the
writing be under some majestrats hand or by his order.

DEPARTING COURTE.

None allowed to That all sucli as dept any his Ma^''^^ Courts before they be dismiss-
leave the court , . , , i • i i -n-

till dismissed. ed without due Icavc be amerced in three shillings fine.

TIMBER OF SWAMPS.

No timber to be That no man make sale or sell out of the Colony's any kind of

sold from anv of , , , , . , i i i i • • i

the swamps 're- boards planks or timber that hatli been growing in any the swamps
^erye or pu ic ^j^^^ ^^^ rcscrvcd for publickc use without leave but shall onely so
doe of such as arise out of his owne proper ground.

PARTICULAR ARMS.

That each person for himselfe &c. according to Jan. 2^' 1G32 have

PART I.] COLONY OF NEW PLYMOUTH. 45

peece, powder and shott vizt a sufficient musket or other serviceable Every person to

c • 1 I I I 111 c have arms, pow-

peece tor war with bandeleroes sword and other appurtenances tor der, dtc.
himself and each man servant he keepeth able to beare armes. And
that for himselfe & each such person under him he be at all times
furnished with two pounds of powder and ten pounds of bullets &
for each default to forfeit ten shillings.

Since this time it is agreed upon by the Commissioners that it Former law re-
shalbe but one pound of powder and foure pounds of bulletts, with
match foure faihome for eich matchcock peece.

That no sheep be sold out of the colonies if competent price will No sheep to be

^ '■ ^ sold out of the

here be given for them. colony.

Repealed and

That whatsoever damage comes to any by cows goats mares sheepe erased.

I. , 1 • 1 1 • • 1 • 11 Cattle, when to

or any ot those kindes by coming into their corne or gardens be be impounded.
made good by the owners of the said cattle as it shall be valued by erased.^' ^"
two of the neighbours. And that it shall be lawfull upon each such
trespass to impound the cattle trespassing till due satisfaction be
made.

SWINE.

That no man keep more swine than he can ordinarily keepe about Swine to be kept

1 • 1 o- • ringed and yok-

his owne place and that they be doubly wrung or at least suflicient- ed.
]y wrung that they roote not up & destroy the meadows. And ii
in case any shall finde himselfe aggreeved and require the yoaking
of any unruly swine by reason of damage he is like to sustaine then
to forfeit for every such default per weeke Besides the damage five
shillings.

Also if in case any be found unwrung or unyoaked after notice as penalty for nc"--
before then to forfeit upon discovery of it for each swine 2^ and for ^^^^'
every weeke after any shall so continue five shillings — the one half
to come to the person so finding and discovering them — the other
half to the township to which the owner belongs. Also that all
piggs at or before ten weeks old shall be rung — and upon sufficient
notice to the next justice of the peace, he to grant warrant to the
constable to straine any of these fines. The time of yoaking to
continue from mid. June to Sept. ult. But if any lose their rings
or yoakes the first notice to be without fine.

PURCHASERS LANDS.

That whereas as well the lands within this patent as the municon Certain lands to

h)G rcsGrvGcl Tor

&c was bought by way of purchase by diverse the inhabitants of the first purchas-
New Plymouth and that the said purchasers are possessed but of Repealed.
small proportions of land and many of them meane : — it is therefore

46 LAWS OF THE [PART I.

thought meet that the said purchasers shall hold and have reserved
for themselves and their heirs so much land in such place and places,
as they shall judge meete and convenient for themselves, and their
heirs aforesaid.
Remainder of That place and places convenient reserved for the said purchasers

ed^bythem*^" ^^ and their heirs. They surrender the remainder of the lands to be
disposed of within the limits of the h^^ patent dated
to W. B. and his associates — to the government consisting of the
magistrates and freemen of this corporacon.

LAND TO CHILDREN.

Chiidron bora That such children as heere born and next unto them such as are

Tn the°coion7to hccre brought up under their parents and are come to the age of
ence ov^^e^Shers. discretion allowed and want lands for their accommodation be pro-
Repealed, ^j^^^ j-^^. j^ pi^pg convenient before any that either come from Eng-
land or elsewhere, then to seeke as they are.
Form of registry rpj-,jjj ^ convenient forme for registry of men's particular holds be

to be inserted. <-> ^

heer inserted.

KILLING WOLVES.

Four bushels of That whoevcr shall kill a wolfe and make it suffic. knowne to the
to the per'sonwho gov""- or some assistant shall have four bushell of come to be raysed
sia 1 awo . Qf ji^g pQf-igtaijienck or liberties.

IRON TRAPS.

No guns or iron That no guns or iron traps be sett unles in particular inclosures
neTrMie htglf and that not neere any high way.

way, &c.

TRESPASSES.

Cattle to be im- That whatever damage come to any by cowes goats mares
sheepe or hogs by breaking into mens suffic. inclosures it shall be
lawful for the persons so damnified to impound them and two indif-
ferent men to view the damage which accordingly shall be given and
payd.

RETAYLERS OF WINE AND BEERE.

,„. . That none be suffered to retail wine strong water or beere either

Wine, strong ^

water, &c. to be vvilhin doorcs or wi'^'^out except in inns or victualling houses allowed

sold only in luns . ° _

& victualling and that no beere be sold in any such place to exceed in price two

houses.

pence the Winchester quart.

PART I.] COLONY OF NEW PLYMOUTH. 47

DRUNKNESS.

That such as either drinke drunke in their persons or suffer any Those who get

t •' drunk or sutler

to drinke drunke in their houses be enquired into amongst otlier mis- o'l'ers to become

* ^ ^ so in llieir houses

demeanors & accordingly punished or fined or both by the discre- to be punished.
con of the bench.

That the children and serv^^ of such as dvveel neer any victuallins; Children and

^ servants not al-

house be not entertayned or suffered by the M^ of the said house lowed to spend
there to drinke and spend their time ; but if any such thing can be victualling
proved it be esteemed a misdemeanor punishable in the said victu-
aller and to be enquired into.

LANDS TO SERVES.

That such servants as come out of their times and are by their Servants, that

come out ot their

Cov'^ to have lands to have onely five acres apeece at pr"' . And time, to have on-

that if they be found fit to occupie it for themselves in some con- land,
venient place.

That from this time forward whoever shall cov' to eive lands by Masters required

""^ _ "^ to perform their

Indenture to their servants at the expiration of their service shall covenants with
make good the same out of their pp. lands ; the Government being
free from any such cov'^ & therefore not to be exspecled.

PURCHASERS AND FREEMEN OF PLYMOUTH.

That the Towne of Plymouth viz'- the purchasers & freemen The purchasers

, ... /• I 1 T f ^ ''"'' freemen of

have liberty of themselves to dispose of the lands that doe or shall Plymouth have
belong unto them to such they think meet to receive it unto them, of their landsf&c!
And also to make such orders for their convenient & more comfort-
able subsistance as shall by them be thought most meet & conven-
ient ; provided they be not contrary to the publick ordnances of the
Govern*^.

That Scituate be allowed the like liberties and to dispose of the Scituate to have

11 I TVT I • 1 i^ 1 -111 the same libertv.

grounds between the JNorth river and Cowehasset provided they
have recourse to Plymouth in case of justice.

LANDS GIVEN TO PERSONS WHO LIVE NOT UPON THE SAME.

That Whereas Lands are given & granted to persons upon sup- Lands to be for-

-- ^ ^ ^ I XI felted which are

not occi
ihc pfrs
whom th
granted.

. . 1 r lenea wnicn are

posall 01 their living upon them for the maintenance & strength of not occupied by

■ » T • r 11 i' 1 11 • the pprsoiis to

society ; it it tall out that persons shall not occupie any sucli lands, whom they are
but dept from the same place such former graunt or grants to be of |:epealed.
none effect but shall returne & be otherwise disposed of by the
Govern' in Generall or Toweship in particular as it shall fall out.

48

LAWS OF THE

[part I.

MISDEMEANORS PRESENTABLE.

Misdemeanors That all such misdemeanors of any p. son or p. sons as tend to

to be inquired of ....

by the grand in- the hurt & detriment of society Civility peace & neighborhood
be enquired into by the grand Enquest and the p. sons presented to
the Court that so the disturbers thereof may be punished & the
peace and welfare of the subject comfortably preserved.

HOLY DAYS.

Days of fasting That it be in the power of the Gov'' & Assist^ to command sol-

and thanksgiving '■ r • r i ■ •

to be appointed emn daics of humiliation by fasting &c. and also for thankesgiving
sistants. as occasion shall be offered.

Repealed.

Duties of Mes-
senger.

THE OFFICE AND FEES OF THE MESSENGER.

To be ready at the Governour's or any the Assistants warning ;
to doe such service as shall be appointed for the good of the severall
Colonies within this Govern' & to be esteemed as a publicke offi-
cer to doe & execute according to the nature of such warrants as
shall be directed to him in any p* thereof. As Constable for the
speciall ward belonging to Plymouth viz' from Jones River south-
ward so far as any inhabite at present. As Jaylor to keepe such as
shall be comitted. And either to execute such punishment as shall
be inflicted by publick censure or cause it to be done. To give
warning of such marriages as shall be approved by authority. To
scale those measures & weights that be allowed, & to measure out
such lands as shall be ordered by the Gov or Govern'.

THE FEES ALLOWED.

For comittment 2' 6'' — for releasement 2* 6*^.

For ordinary within his spec. Constablerick 6'^.

For imprisonment 2^ 6'^ p. day.

The halfe of all fines not exceeding 6*.

For giving notice of weddings 12''.

For serving any execucon 2" 6^ his ordinary fee & 6^ in the
£ extraordinary ; but if the place be far to goe then 2'^ a mile.

For sealing of measures 4^ a peece.

For weights 2'^.

For measuring of land according to the distance & trouble of the
same and his paines therein not to be valued with comon labor but
as a publick officer that attends the duties of his place.

PART I.] COLONY OF NEW PLYMOUTH. 49

THE OATH OF THE MESSENGER.

You shall be truly loyall to our Soveraigne Lord the King, his
heires & successors. You shall duly, truly & faithfully waite uppon,
performe & execute the office of you are called unto,

seeking by all due meanes the welfare of the severall Colonies within
this Govern' of New Plymouth. Attending such order, obeying
such warrants & doing such service as the Governor for the time
being, or any of his Assistants, shall require, either in the behalfe of
our Sov. Lord the King, or between man & man, as the case
requireth for the peace and tranquillity of the place. You shall to
the utmost of your power safely keepe such prisoners as are comit-
ted to your custody, and inflict or execute such sentance as shall be
awarded, or cause it to be done. Also such weights & measures
as shall be brought unto you, you shall as neere as may be, make
agreeable with the standard comitted to your trust, and shall onely
take such fees as are allowed without fraud or oppression. You
shall also faithfully duly & truly serve our Sov. Lord the K. in the
office of a Constable in the ward of New Plymouth wherein you
shall see that his Ma''^^ peace comanded be not broken ; but shall
apprehend any that shall disturbe the same, and bring him or them
before the Gov'' or some one of the Assistants for the time being,
and there attend such order as shall be given. All which you
shall faithfully promise to observe & doe. So helpe you God, who
is the God of truth & punisher of falsehood.

A FORME TO BE PLACED BEFORE THE RECORDS OF THE SEVER-
ALL INHERITANCES GRANTED TO ALL AND EVERY THE KINg's
SUBJECTS INHABITING WITH THE GOVERNMENT OF NEW PLY-
MOUTH.

Whereas John Carver, Will. Bradford, Edw. Wynslow, William

Brewster, Isaack Allerton and divers others the subjects of our late

Sov. Lord James by the grace of God King of Engl. Scotl. France

& Ire. defender of the faith &c. did in the eighteenth yeare of his

raigne of Engl. France & L'eland and of Scotland the fifty four,

which was in the year of our Lord God 1620 undertake a voyage

into that p' of America called Virdnia or New England thereunto Object of the fiist

. settlement,

adjoyning there to erect a plantacon and colony of English, mtending

the glory of God & the inlargement of his Ma'"'^ dominions and the

speciall good of the English nation.

And whereas by the ''good providence of our gracious God the

said John Carver, Will. Bradford, Edward Wynslow, William

7

50

LAWS OF THE

[part I.

Tlie ci

Brewster, Isaac Allerton and their associats arrived in New England

aforesaid in the harbor of Cape Cod or Paoaiet scituate and being in

conibi- jNfevv End. aforesaid, where all the said persons entered into a Civill

nation lorniea at '-' ^

Cape Cod Nov. combinacon being the eleventh of Nov'^'' in the yeare afore menconed
as the subjects of our said Sov. Lord the King to become a body-
politick, binding ourselves to observe such lawes & ordinances &
obey such officers as from time to time should be made & chosen
for our well ordering and guidance: and thereupon by the favor of
the Almighty began the first Colony in New Engl, there being then
no other within the said continent at a place called by the natives
Apaum als Patuxet but by the English New Plymouth. All which
lands being void of inhabitants we the said John Carver, Will. Brad-
ford, Edward Wynslow, William Brewster, Isaack Allerton & the rest
Treaty with Mas- of our associats cntring into a league of peace with Massasouat since
thoni 'lands ^and Called Woosamecjuiii Prince or Sachem of those parts. He the said
hiinseifthe^ub- Massasouat freely gave them all the lands adjacent to them & their
Janies'^'"^ heires forever, acknowledging himself content to become the subject
of our Sov. Lord the King aforesaid his heires & successors. And
taking proteccon of us the said John Carver, Will. Bradford, Ed-
ward Wynslow, William Brewster, Isaack Allerton & their associats
the naturall subjects of our Sov. Lord the King aforesaid. But
having no speciall L""* Patents for the said p'^ of New Engl, but onely
the generall leave and liking of his Ma''*^ aforesaid for the free exer-
cise of the leave and liberty of our consciences in the publick worship
& service of God wherever we should settle. Being therefore now
setUed and requiring speciall licence & commissions from his Ma''<^ for
the ordering our affaires under his gracious proteccon had sundry Com-
missions made and confirmed by his said Ma'i'^'s Councell for New Engl,
for John Peirce & his associats whose name we onely made use
of, and whose associats we were in the late happy & memorable
raigne of our said Soveraignc Lord King James. But finding our-
selves still streightcned and a willingness in the Honorable Coun-
cell aforesaid to enlarge us partly in regard of the many difficulties
we had iindergone and p^ in regard of the good service we had done
as well in relieving his Ma''^'^ subjects as otherwies, we procured a
further enlargement under the name of William Bradford aforesaid &
his associats whose name we likewise used and whose associats as for-
merly we still arc ; By vcrtue of which L''^ Patents liberty is given
unto us derivatory from our Sov. Lord King Charles bearing date,
the thirteenth of January 1G29 being the fift yeare of his raigne of
Engl. Scotl. France & Irel. &c. and signed by the Right Hon^'e
Robert Earle of Warwick in the behalfe of the rest of his Ma^'^'s

The cliartcr to
Jolin Pcircc and
associates.

Tlie charter to
William IJradford
and associates.

PART I.] COLONY OF NEW PLYMOUTH. 51

said Councell for Now End. & scaled wiih their comon seale, al- rowers and

-3 privileges given.

lowed to frame & make orders ordnances & Constitutions for tlie
ordering disposing & governing of our persons & distributing the
lands within the said limits to be holden of his Ma''° his hcires &
his successors as of his Mannor of East Greenwich in the County of
Kent in free and comon soccage and not in capite nor by knights
service, viz*- All that part of New-Engl. in America & tract &
tracts of land that lie within or betweene a certaine Rivolett or Run-
lett there cornonly called Coahasset alias Conahasset towards the
north, &< the river comonly called Naragunset river towards the
south, and the greate Wcsterne Ocean towards the East, & be-
tweene and within a streight line directly extending up into the maine
land towards the west from the mouth of the said river called Nar-
agansett River to the utmost limits & bounds of a Countrey or place
in New Engl, comonly called Pokenacutt alias Puckenakick alias
Sawaamset westward, and another like strait line extending itselfe
directly from the mouth of the said River Coahasset alias Conahasset
towards the west so far up into the maine land westwards as the
utmost limits of the said place or Countrey comonly called Pokena-
cutt alias Puckenakick als. Sawaamset doe extend, together with
one halfe of the said River called Naragunsetts & the said rivolet or
rundlet called Coahasset alias Conahasset: and all lands rivers waters
havens creeks ports fishings fowlings & all hereditaments profits
Comodities & emoluments whatsoever scituate lying & being or
arising within or between the said limits & bounds or any of them.
Furthermore all that tract of land or p' of New Engl, or p* of
America aforesaid which lieth within or between & extendeth itselfe
from the utmost limits of Cobbisecontee alias Comaseconte which
adjoyneth to the river of Kenebeke alias Kenebekike towards the
western Ocean & a place called the falls at Nequarakike in America
aforesaid, and the space of fifteen English miles on each side of the
said River comonly called Kenebeck River & all the said River
called Kenebeck that lieth within the said limits & bounds Eastward
Westward Northward or Southwaid last above menconed, and all
lands grounds soyles rivers waters fishings hereditaments & profitts
whatsoever scituate lying or being arising happening or accrewing or
which shall arise, happen or accrew in or within the said limits &
bounds or either of them together with free ingresse egresse &
regresse with ships boats shallops or other vessels from the sea com-
only called the Westerne Ocean to the said River called Kenebeck
& from the said River to the said Westerne Ocean, together with all
prerogatives rights royalties Jurisdiccons privileges franchises lib-

52 LAWS OF THE [PART I.

erties & immunities & also marine liberty with the Escheats & Cas-
ualties thereof the Admiralty JnrisdicCon excepted, with all the
interest right title claime & demand whatsoever which the said
CoLincell & their successors now have or ought to have or may
have & require hereafter in or to any the said porcon or tract of
lands hereby menconed to be granted, or any the premises in as
free large ample & beneficiall manner to all intents consiruccons
and purposes whatsoever as the said Councell by virtue of his
Ma''^^ said L" Patents may or can grant ; To have and to hold the
said tract and tracts of land, & all & singular the premises above
menconed, to be granted with their and every of their appurtenances,
to the said William Bradford, his heires, associats & assigns for
ever to the onely proper & absolute use &. behoofe of the said
Will. Bradford, his heires, associats & assignes forever ; Yeilding &
paying unto our said Sov. Lord the King, his heires & Successors
forever one fift part of the Oare of the Mines of Gold & silver, &
one other fift part thereof to the President & Councell, which shall
be had, possessed and obtayned within the precincts aforesaid for all
services and demands whatsoever, allowing the said W. Bradford,
his associats & assignes & every of them, his & their factors, agents,
tenants & servants, and all such as he or they shall send & imploy
about his said particular plantacon, shall and may from time to time
freely & lawfully goe & returne, trade & trafi]ck as v.ell with the
English as any the natives within the precincts aforesaid, with liberty
of fishing upon any part of the Sea Coast & Sea Shores of any the
Seas or Islands adjacent, & not being inhabited or otherwaies dis-
posed of by order of the said President & Councell ; Forbidding all
others to trafFick with the natives or inhabite any the said limits with-
out the speciall leave of the said W. Bradford his heires or associats,
and allowing the said W. Bradford his heires & associats to take
apprehend seise & make prize of all such persons their ships &
goods as shall attempt to inhabite or trade with the salvage people
as aforesaid &c.

Moreover whereas in the first beginning of this Colony divers

merch'^ and others of the City of London & elsewhere adventured

divers sums of money with the said John Carver, Will. Bradford,

The purchase of Ed. Wynslow, William Brewster, Isaack Allerton and the rest

the plantation of . . . /• . i • • c i

divers merciiants their associats On ccrtaine termes ol p'nership to continue tor the

and ollicrs of r nn • i . i ■ • i i i ,

London, and tcrme 01 scaven yeares ; 1 he said terme being expired the planta-

e sew ere. ~^^ ^^ reason of the manifold losses & crosses by sea & land in the

beginning of so great a workc being largely indebted, &. no meanes

to pay the said debts but by the sale of the whole, and the same

PART I.] COLONY OF NEW PLYMOUTH. 53

being put to sale we the said Will. Bradford, Edvv. Wynslow,
William Brewster, Isaack Allerton & other our Associats the In-
habitants of New Plymouth & elsewhere being loath to be deprived
of our labors bought the same for & in consideracon of eighteen
hundred pounds starling viz' all <& singular the priviledges lands
goods buildings chattels ordnance, municon or whatsoever appur-
tayned to the said plantacon, or the Adventurers with all & singular
the priviledges thereunto belonging as appeareth by a deed between
the said Isaack Allerton then Agent for the said Will. Bradford &
his Associats on the one pt. and John Pocock, Rob' Keyne, Ed-
ward Basse, James Sherley & John Beauchamp on the other pt.,
being thereunto deputed by the said merchants & the rest adventuring
as aforesaid as appeareth by a deed bearing date the sixt of Novem-
ber in the third yeare of the raigne of our Sov. Lord Charles by the
grace of God King of Engl. Scotl. France, & Ireland, &c. Anno
Dom. 1627. Be it knowne therefore unto all men by these prnts,
That according to our first intents for the better effecting the glory
of God, the enlargement of the dominions of our said Sov. Lord
the King and the speciall good of his subjects, by vertue as well of
our Combinacon aforesaid, as also the severall grants by us procured By virtue of the

° •' ^ rights and privi-

in the names of Job. Peirce and Will. Biadford their heires and leges as before

A • -1 1 r n • 1 • n recited, grants of

Associats, together with our lawfull right m respect of vacancy land are made.
donacon or purchase of the natives, and our full purchase of the Ad-
venturers before expressed have given unto allotted assigned &
granted to all and every p. son & persons whose name or names shall
follow upon the publick Record such propocon or proporcons of
grounds with all & singular the priviledges thereunto belonging as
aforesaid to him or them his or their heires & assignes successively
forever ; to be holden of his Ma'''' of Engl, his heires and successors To be held as of
as of his Manner of East Greenwich in the County of Kent in free East Greenwich,
and comon Soccage, and not in Cctpite, nor by Knights service ;
Yielding and paying to our said Sov. Lord the King, his heires and
Successors forever, one fift pt. of the Oare of the Mines of Gold &
Silver and one other fift pt. to the President & Councell which shall
be had possessed and obtayned as aforesaid. And whatsoever lands
are granted to any by the said William Bradford, Edvv. Wynslow,
William Brewster, Isaack Allerton their heires & Associats as afore-
said being acknowledged in public Court & brought unto this booke . , ,
of Record of the severall inheritances of the subjects of our Sov. L. record of a grant
the King within this Government it shall be lawfull for the Gov"" of the Governor un-

TVT "m ^1 r • 1 c • • • 1 . der the common

INew Plymouth aloresaid irom time to tune successively to give seal, to be saffi-
under the Comon Seale of the Government a coppy of the said [i*;;'; ^^i^ence of

54 LAWS OF THE [PART I.

grant so recorded. Confirming the said lands to him or them his or
theire heires & Assignes forever, with the severall bounds and limits
of the same ; Which shall be sufficient Evidence in law from time
to time and at all times for the said p*'^' or p^'^s his or their heires or
assignes. To have and to hold the said portion of land so granted
bounded and recorded as aforesaid with all and singular the appurte-
nances thereunto belonging to the onely prop, and absolute use and
behoofe of the said p''^ or p^'*^^ his or their heires and assignes
forever,

A FORME OF EVIDENCE FOR THE PARTICULAR HOLD OF LANDS
WITHIN THE GOVERNMENT OF NEW PLYMOUTH.

Be it knowne unto all men by these priits, That such a portion of
land bounded so & so, and contayning so many acres was granted
and in publick court confirmed by William Bradford and his Asso-
ciats, holden at New Plym. the 3'^ of Jan. in the 12^'^ yeare of the
raigne of our Sov. Lord Charles by the grace of God King of Engl.
Scotl. France and Irel. &c. to A. B. his heires and assignes forever,
The said lands to be holden of his Ma"^ and his successors as of his
Manner of East Greenwich in the County of Kent in free and com-
on soccage and not in Capite ; To have and to hold the said lands,
and all and singular the appurtenances thereunto belonging to the said
A. B. his heires and Assignes forever ; Yeilding and paying to our said
Sov. Lord the King his heires and successors forever one fift p^ of the
Oare of the Mines of Gold and silver, and one other fift pt. thereof
to the President & Councell which shall be had possessed & obtayned
widiin the precincts or limits of his said bounds before expressed
for all services & demands whatsoever. In witness whereof I E. W.
Gov"" of New Plymouth aforesaid, for our Sov. L. the King this
pr"' yeare of our Lord 1636, by vertue of the power comitted to me
have signed this deed, declaring it to be full absolute & sufficient evi-
dence to the said A. B. his heires and assignes forever for the hold
of the lands above menconed with all and singular the appurtenances
thereunto belonging in as full and ample manner as may be yielding
and paying as a foresaid, and for further confirmacon have signed this
deed & put to our comon Scale of Government the tenth of Febr.
in the said 12''' yeare of the raigne of our Sov. Lord Charles by the
grace of God, K. of Engl. Scotl. France & Trel. &c.

Pr me E. W. G^

At the gen'all Court held at New Plymouth the 3'' of January
1636 in the XII'^ yeare of the raigne of our Soveraigne Lord

PART I.] COLONY OP NEW PLYMOUTH. S5

Charles by the grace of God of Engl. &c. Kinge defender of the
fayth &c before Edward Winslowe gent. Gov^ Will. Bradford
Thomas Prynce John Alden Steeven Hopkins W'» Collyer Tymo-
thy Halherley and John Browne Gentle. Assistants &c.

Whereas M"". Hatherly in the behalf of the church of Scituate in-
formed this Court That the place for ought they can yet decerne is
too streate for them to reside comfortably upon and that the lands
adjacent are very stony and not convenient to plant, upon — where-
by they are disabled to receive any more neighbours for their more
comfortable societie it is therefore consented unto and agreed upon
by the Court, That the said Inhabitants of Scituate shall have liber- The^ inhabitants
tie to seeke out a convenient place for their residing within the colony have^*^i'iber?y to
and to 2;ive notice thereof to the Gov^ and assistants that they may ^f*^^ ^ ^^^ ^^*'-

o J J dence.

cause the same to be viewed, and if the same shalbe thought convenyent
dien to be granted unto them unlesse there shall be some other lands
found fitt to be layd to them for theire moore comfortable subsistence
at Scituate.

THE CUTT AT MARSHFIELD TO BE ENLARGED.

It is also ordered by the Court that the Cutt at Greenes Harbor
for a boate passage shall be eighteene foote wide and sixe foote To be 18 feet wide
deepe. And for the manner how the same shalbe donn for the better ^"^ ^ '^^^ ^^^P-
ordering thereof it is referred to the Gov'' and Assistants with the
help of John Winslowe Jonathan Brewster John Barnes & Christo-
pher Waddesworth, as well to proportion every man equally to the
charge thereof as also to order men that shall worke thereat, that ten The Governor to
men may worke together there at once and that the Gov or whom work"oTappo'hu
he shall appoynt shall oversee the same that it may be well performed. 1°^^ °^^" P"'

PLIMOUTII TO MAKE ORDERS.

It is also ordered and enacted by the Court that the Inhabitants of
New Plymouth shall have liberty to meete together, to make orders
for the herdinge of their Cattle and such other things as shalbe need-
full for their moore neighourly liveing together.

It is ordered by the Court, That the corne of John Jenney The bench to de-
Thomas Willet and George Watson seized by the Gov^ to the use be'^dontwith^'the
of the Collony by virtue of a former lawe shalbe referred to the ne'° ^.^ "^" ''*^"'
bench to deale therein as they shall see cause.

56 LAWS OF THE [PART 1.

TREATY ABOUT THE TRADE.

It is order by the Court, That Mr. Collyer Mr. Hopkins, Mr.
Browne, Mr. Done John Jenney Jonathan Brewster John Wins-
lowe and Thomas Willett shall treate with those that have the trade
in their hands & to prepare such conclusions concerning the same,
That the Court being made acquainted therewith and approveing
thereof may conclude the same with them.

At the Gen'all Court held the VIIi'' March 1636, Mr Bradford,
Gov.
Whoever shoots It is Concluded upon by the Court, that if any shall shoote of a

in the night lime r ■, ^ • • i • i i • i t i

shall be fined 20 pcecc at any lovvle or otherwise in the night tyme betwixt day Jight
y^ ings, un es!> ^^^ ^^^ j.^j^^ ^^^^^ forfaite twenty shillinges for every shott to be payd
iGSs"^*^^^ '" t° ^^^6 treasurer to the use of the Collony, except he shoote at a
woolfe or for the findinge of some man lost.

ALLARUM.

Shooting three It is also concludcd upoH by the Court That three pieces shott of

times to be con- . -

sidered an alia- distinctly onc after another shalbe an allarum. And two peeces to

rum, and twice to . . ^ , -

give warning of givo warncing oi some house on faer.

fire.

Re-enacted in
1658,

MILL AT PLIMOUTH.

John Jenney to It IS concludcd upou by the Court That Mr. John Jenney shall
erect a' miii%nd h^ve liberty to erect a Milne for grinding and beating of Corne upon
o ta e to . ^i^g brooke of Plymouth to be to him & his heires forever ; And
shall have a pottle of Corne toule upon every bushell for grinding the
same for the space of the two first years next after the said Milne is
erected and afterwards but a quart at a bushel for all that is brought
to the milne by others, but if he fetch it and grind it himselfe or by
his servants then to have a pottle toule for every bushell as before.

LADDERS.

Forasmuch as great losses have heretofore happened by fyer
whereby men have had their houses and goods within the same utterly
consumed, which might have been prevented in some good measure
if Ladders could have beene had neere hand. It is therefore enact'
Every household- ed by the Court That every householder within this Colony & Gov-
der. ernment shall have one sufficient ladder or ladders at least about his

house which will reach ye top, upon penalty of every such default to
forfaite tenn shillings to be leavyed to the use of the Government.

PART I.] COLONY OF NEW PLYMOUTH. 57

INHABITANTS OF PLYMOUTH.

It is enacted by the Court, That noe person or persons licreafter None to live in

. . the colony with-

shall be admitted to live and inhabite within the Government ol JNew out the consent of

.... r 1 /-I ^'"^ Gov. or two

Plymouth without the leave and likeinge ot the Oovernour or two assistants.

~ , . . , Re-enacted in

01 the Assistants at least. 1658.

WATCH FOR THE SAFETY OF THE GOVERNOR.

It is enacted by the Court That there shalbe a watch of foure men Four men to keep

■' . watch at New

byred to keepe watch at New Plymouth at the publicke charge for Plymouth.
the safety of the person of the Governor. And die Towne of New
Plymouth to add more men unto them to strengthen them as neede
shall require.

1687.

It is concluded and enacted by the Court, that the colony of New Ju»e.

, Tic colony to

Plymouth shall send forth ayd to assist them of Massachusetts Bay send aid to Mass;

and Conectacutt in their wars against the Pequin Indians in reveng

of the Innocent Blood of the English, W^'^ the s^' Pequins have bar-

borously shed and refuse to give salisfaccon for.

It is also enacted by the court that there shall he thirty persons J^irty persons
•' . 'or "le land ser

sent for land service, and as many others as shall be sufficient to vice.

manage the Barque.

It is enacted by the Court that if any man having any parcells or Ten shillings to
vessells of herings at the weare growing noysome, and shall lett them ^ny who'shaii a^
remayne there one day after they shall be warned thereof, the partie mai,','^at'"ihe'Ve*ir
so delinquent shall forfait ten shillings for the said parcell of borings, *'". "^"^y become
be it firkin, barrell or hodgshead, or any other vessel, and to have no
more hearings untill they have payd the fyne.

It is enacted by the Court, That Ducksborrow shall become a Duxbnry made a
Towneship and unite together for their better securitie and to have
the priviledges of a Towne onely their bounds and limmits shalbe
sett and appoynted by the next Court.

It is also ordered by the court that there shall be a guard of twelve The governor to

I • c 1 ^ T \^^■\•e a guard of

musketiers to attend the p. son ol the Gov'ner on the Lord's day and 12 men.
at other limes when it shall be required.

OF FISH. ,,.Oet-

ftix score and

It is enacted by the court, that six score and twelve fishes shall be accluntefoie ''^
accounted to the hundred of all sorts of fishes. hundred.

lic-enacted m
8 1638.

58 LAWS OF THE [PART f.

SWINE.

Swine (o be ring- It js enacted by the Court, That all Swine uiihin these Colonies
shalbe sufficiently ringed after they shall be tenn weeks old, and if that
any shalbe complayned of to be unruly, that then they be yeoked
upon the penalty of sixpence for every swine that shalbe found un-
ringed and not presently ringed upon warneing given thereof, and
this to be donn by the first of November next.

Taunton. Taunton began here to be added to this booke.

A fomer act sus- Whereas Mr Thomas Prince is this court elected Governor and

pended in favour \i^ regard of an act of the court requiring his residency and gover-
ment to be held at Plymouth and that Mr Prince was very unwilling
and refused to undergoe the same, yet takeing the same into further
consideracon, was willing (at the request of the court) to condiscend
thereunto upon two condicons w'^'^ were these first, that Mr Bradford
would still continue Governor untill Mr Prince could provide him-
self in some measure fitt for the place vvhereunto Mr Bradford con-
discended so that it might not be longer than the next quarterly
court, and the second condicon was that the court would dispense
w* the said act and that he might reside at Duxborrow (if \v'''out
manifest detriment he cannot remove to Plymouth), the W^h he pro-
miseth to do if possibly he cann, and in the meane season to keepe
his quarterly courts at Plymouth, whereunto the court did consent,
laying aside the force of the said act for this p'"sent, but not to be a
p'sident for tyme to come.

Old officers to It is also agreed upon by the whole consent of the court, that Mr

continue in office -r-t r • ■

till next court. Bradford shall continue Gox"" untill the next court, and the assistants
also to continue in their places upon their former oatlies until then,
and likewise that the grand jury and constables do continue in their
places and offices until the next court also.

1638.

June. It is enacted by the court, that no householder within this govern-
No householder ^ i ii i • f ^ ■
to take a servant iTient Shall take any servant coming out oi his tyme or other serant,

^lip wkh^him.*^' that is not of manual trade into partnership with him upon penalty to

Contracts of scr- forfcitc fivc pouuds stcrl. for every such default, except he shall be

vants to be re- ,, , - ,

corded. allowcd by the gov"" & assistants so to doe. And that all contracts

hir°ed7oHess\°ian ^°^ scrvonts for any tyme shall be recorded before the gov^ or some

haifaycar. One of the assistants. And that none shall hire a servant under half

Erased ui the

original records, a year.

PART I.] COLONY OF NEW PLYMOUTH. 59

Whereas there is a sireat abuse in takeins of tobaccoe in very un- Sept.

3 " Penally for tak-

civill manner openly in the Tovvne streets and as men pass upon the ing- tobacco.

^ J 1 • 1, Erased in the

heigh vvayes, as also in the fields and as men are at worke in the original records,
woods & fields to the neglect of their labours, and to the great re-
proach of this government, it is therefore enacted by the court, that
if any shall be found or scene taking tobaccoe in the streets of any
tovvne wi^'iin the Colonys of this gov''ment, or in any barne or out-
house, or by the heigh wayes, and not above a mile from a dwelling
house, or at his work in the fields, where hee doth not dyne or eate
his meate, that every such person or persons so offending shall forth-
with pay xii"^ for every such offence as oft as he, or they shall so
ofiend, and shall be lawful upon informacon for the constable of the
towneship or next to the place where such offence shall be commit-
ted to distrayne his goods for yt ; if he refuse to pay it upon demand.
And for boyes and servants that shall offend herein and have nothing
to pay to be set in the stocks for the first default, and for the second
to be whipt.

FIREING OF WOODS.

Whereas many have sustayned great damage by the indiscreet Firing of woods

■' •' ^ r ^ • 1 ^ forbidden, ex-

fireing of the woods It is by this p'"nte order for bidden to any to cept—
set fyre on them except betvveene the first day of the month of
February and the middest of the month of A prill. And that what-
soever damnage cometh to any by the breach of this order in fireing
the woods otherwise to be made good by the delinquent, and when-
soever any are justly occationed to fyre the same they shall give
warneing to the neighbours aboute them, and if any person fire ye
woods yet hath noe just cause so to doe, he shall forfeite X* to ye
countries use or be whipt.

NORTH FERRY.

Whereas there is greate need of a ferry boat to be erected to Sept.

Fcrrv ovgt tnc

transport men and cattell over the North River, many complaineing North River.

of the want thereof and such as passed that way were at great charge,

& put to many inconvenyences for want thereof. For the redressing

whereof. It is enacted by the Court, That there shall be xii^^ for

every family levyed throughout the Govern' towards the charges of

the building of two vessells, or boats for the Transportacon of men

and Cattell over the said River at the now passage place, and that

Mr. Jonathan Brewster shall have the keepeing and the profitts of

the said ferry to have and to hold to him and his heires forever, and

shall build and from tyme to tyme mayntaine two sufficient boats or

vessels, one for the carrying of men and another for carrying of Cat-

60 LAWS OF THE [PART I.

tell over the said North River with a sufficient man or two to attend
Rales of toll. them. And shall have these rates for the first yeare, viz^ for a man
2''. for a horse and his rider 6'^' — for a beast 6^' — for swine and
goates 2d. a piece. And after the first yeare for a man 2'^ for a
horse and his rider 6i. for a beast 4^., and for a goate or swine 1*^.
of all men of what plantacon soever.

BRIDGES.

Bridges to be Whereas there is great necessitv of a bridge over the South

built over South ° ' i t^ i t-» •

river, Joanes riv- River, another over Joanes River and another over the Lele River.
" It is enacted by the Court, That the Inhabitants of Scituate shall
build a bridge over the South River, and that the Inhabitants of
Sandweech and Mattacheese or Yarmouth shall build a bridge over
the Eele River, and the Inhabitants of the Towneships of Plymouth
and Duxborrow shall build a bridge over Joanes River. All which
said bridges to be made passable for horsemen and footemen, and
that there be a ferry boate kept in the interim to carry men over
Joanes River, especially at the Court tymes or other special
occations.

None allowed to Whcreas there is great abuse complayned of by buying and re-
purchase goods _ ° ^ ^ . .
for the purpose of gratlnge goods and commodities, which come in boates and vessels

price. to be sould in divers places within this Goverment, and sellinge the

Erased in the ... , , i i- • r

original. same agame ni the same towne and markets to the disappoyntmg oi

the necessyties of many and oppressing them in the price, when
their necessyties do constraine them to buy them at any price. It is
enacted by the Court, That none shall so buy any goods or comody-
ties comeing to be sould at any Towne within this Govern^ by land
or water to engrosse them into their hands to the end the price may
be enhaunced by selling them againe in the same towne or markett,
except he buy by wholesale to retayle the same againe at reasonable
gaine ; the abuse to be enquired of by the Grand enqueste and upon
their presentment to be censured by the discretion of the Bench.

OATH OF FIDELITY.

^^,^S/.j ,. Whereas divers persons are come to dwell in severall plantacons

Oath of fidelity to , _ * _ ^

be administered within the Govcrn* witliout Icavc of the Govern' or taking the Oath
Assistants. of fidcliiic contraiy to the acts of this Court and because there are

not magistrates dwelling in such places to cxhlbite the said Oath unto
them. It is therefore enacted by the Court That such of the As-
sistants as the Govern' shall think fitt shalbe especially assigned to
repaire to such places and to require the said oath of them, and for
such as shall refuse to take yt That they be appoynted to repaire

PART I.] COLONY OF NEW PLYMOUTH. 61

to the Court at Plymouth: And that such as shalbe anpoynted to The charges of

•' .•II- pui^l'c officers to

be ymployed herein or in any other pubhke businesse have their be paid by the

. pubhc.

charges borne by the Pubhke. ^

MARRIAGE.

Whereas divers persons unfitt for marriaee both in regard of their No person allow-

^ '^ '-^ ed lo court a

yeong yeares as also in regard of theire weake estate, some practise- daughter or ser-

r 1 , o -1 ]• ^^"^ without the

mg the enveagleing oi mens daughters & maids under gardians con- consent of her fa-
trary to their parents & gardians likeing and of mayde servants with- Re-enacted in'
out leave and likeing of their masters. It is therefore enacted by the
Court, That if any shall make any motion of marriage to any mans
daughter or mayde servant not haveing first obtayned leave and con-
sent of the parents or master so to doe shalbe punished either by fine
or corporall punishment or both at the discretions of the bench and
according to the nature of the ofi:ence.

It is also enacted that if a motion of marriage be duly made to the Where the mas-

^ -^ ter refuses to give

master and through any sinister end or covetous desire he will not consent, an ap-

peal may be

consent thereunto, Then the cause to be made knowne unto the made to the ma-

-m , , £ristr3.tcs.

Magistrats and they to set downe such order therein as upon exam- Re-enacted in
inacon of the case shall appeare to be most equall on both parts.

MILLNERS TOLLE.

It is enacted by the Court, That the Milner of Scituate shall not The miller at
take above the sixteenth part of a bushell for grinding such Corne as lowed to take
is brought unto the Milne. And whereas there are divers other Mil- sixteenth part of
ners within this Collony who are allowed competent toule for grind- ^[g'" °' ^"" "
ing and do not grind Corne as they ought to doe. It is enacted by Penalty for not
the Court that such Millners shall either grind their Corne sufficiently j^"" '"^ ^
or else that upon complaint to the Court thereof and the thing proov- iggg"^*^ ^
ed the miller shall pay for every such default 6*^ for every bushell to
the party greeved and 6'' to the Treasurer for the Colonies use.

LABORERS WAGES.

' It is enacted by the Court accordins: to the former acts of this Wages of labor-

*~' GTS not to exceed

Court concerning labourers wages That a labourer shall have 12*^^ a 12 pence per day,
day and his dyett or 18^' a day without dyett and not above through- Repealed Sept.
out the Govern'.

SWINE.

It is enacted by the Court That Swyne may be unringed from the Swine may go
first Tewsday in December to the first Tewsday in March following firsT'^^uesX^ in
notwithstanding the former ordinance to the contrary. filsf Tuesday *^n

March.

62

LAWS OF THE

[part I.

TRANSPORTINGE PERSONS INTO PATENT.

Masters of vessels Jt jg enacted by the Court, That if any Master of a Boate shall

forbidden to bring _ "^

passengers into bring any passongers or suffer any to be brought in his Boate into

the colony with- i -i-i/^ i ii j

out leave. any plantacon within the (jovern' and not have leave so to doe

1638, with altera- either from the Govern* or Committees of the place shall keepe
^"'^^" them whilst they stay and recarry them and their goods to the place

from whence they came.

DYETTINGE IN ORDINARIES.

None allowed to For asiiiuch 83 grcate inconveniences have beene occationed by

resort to ordina- i • t

ries in the town yeong men and other labourers that have dyeted m Inns and Ale-
side, houses especially who have had other houses to repaire unto in the
1638."^^^^'^ '" same Towne It is therefore enacted by the Court, That none shall
dyett in Inns or Alehouses nor haunt them, which are in the Townes
they live in, nor make them the ordinary place of their abode.

March. Concerning the ferrymen at the North river It is ordered and con-

lowed the ferry- cludcd upon by the Court, That if he shall carry onely one man both
river for each ovcr the North & South rivcr hee shall have foure pence, but if there
over*'"excepr— ^^ moore than one to set over then hee shall have but two pence a
peece for as many as he can carry at once, and likewise that he shall
have 2'' a person forever for carrying them over the north river.

WHO TO EXERCISE ARMS.

Concerning such as are allowed to exercise men in Amies in the
severall Townes within this Govern' the Court doth order as follow-
eth.

That M' William Vassell & Wm. Hatch shall exercise the Inha-
bitants of Scituate in their Armes.

That Captaine Poole shall exercise the Inhabitants of Cohannett
in their Armes.

That Captain Slandish shalbe for Plymouth.

For Duxborrow Leeftennant Holmes

For Sandwich John Blakemore

For Yarmouth Will'" Palmer.

For Barnestable M""- Thorn. Dimmack

For Marshfield M^- Nathaniell Thomas.

Persons not free- It is enacted by the Court there shalbe as many of the Inhabitants
vote in town af- of Scituatc in number, which are not freemen added to the freemen

there for ordering and concluding the Townes affaires for fencing of
original.'" grounds, bearding of cattle, and such like occations, or els the whole

Towne to meet together.

PART I.] COLONY OF NEW PLYMOUTH. 63

DEPUTIES.

Whereas complaint was made that the freemen were put to many ^,^^p"||'^^ '° ^^
inconveniencies and great expences by their continuall attendance at
the Courts, It is therefore enacted by the Court for the ease of the
severall Colonies and Townes within the Government, That every
Towne shall make choyce of two of their freemen and the Town
of Plymouth of foure, to be Committees or deputies to joyne with
the Bench to enact and make all such lawes and ordinances as shall
be judged to be sood and wholesome for the whole, provided that ^'•'^"'. P°^^''^ '"

•> <^ ^ ' i enacting laws.

the lawes they doe enact shalbe propounded one Court to be con-
sidered upon till the next Court, and then to be confirmed, if they
shal be approved of except the case require present confirmacon,
And if any act shall be confirmed by the Bench and Committees
which upon further deliberacon shall prove prejudiciall to the whole.
That the freemen at the next eleccon Court after meeting together
may repeale the same and enact any other usefull for the whole. And J^|o^"^*^j^t*J,g"
that every Towneship shall beare their Committees charges, and that pay of deputies

•' ^ °. . fixed at 2s 6d per

such as are not freemen but have taken the oath of fidelitie and are day.
masters of famylies and Inhabitants of the said Townes as they are
to beare theire pt in the charges of their Committees so to have a
vote in the choyce of them, provided they choose them onely of the
freemen of the said Towne whereof they are : but if any such Co-
mittees shalbe insufficient or troublesome, that then the Bench and
thother Comittees may dismisse them, and the Towne to choose
other freemen in their place.

1639.

At thegenall court held the 4th June 1639. june

It is enacted by the Court That, if any man shall sell or lend any feZr TelJguns^

kyndof guns, peeces orpistolls, or any shott, leade or powder to any &c to^indians.

Indian, bee shall be punished for yt at the discretion of the Bench.

It is enacted by the Court, That every house holder within the f ^/^ ^""^ •^^'"P

.' ' •' to be sown.

Government shall sowe one rodd of ground square at least with Erased,
hemp or flax yearely, and some one in every Towne to be appoynted
to see the same donn, and present it to the Court in June yearely.

MARKETTS & FAYRES.

It is enacted by the Court, that there shalbe a markett kept at Ply- Sept.
mouth every Thursday, and a faire yearely the last Wensday in when kept.

64 LAWS OF THE [PART I.

May, & to continue two days and a faire at Duxborrow the first
Wensday in October yearely, &l to continue two days for all cattail
& coraodyties.

The gov. or any It is enacted by the Court that if an highway bee wanting in any

may empanuei a township of this Govern' upon due complaint that then the Gov"" or

■i!igh«*ayf^ °" any of the Assistants impanell a Jury and upon oath charge them to lay

Re-miacted m ^^^ ^^^^j^ waies both for horse and foot as in Consience they shall

find most benificiall for the Comonwealth, and as little prejudiciall

as may bee to the particulares, and that all old pathes shalbee still

alowed except other provision bee orderly made ; and that where there

are alowed foot pathes over any mans ground which is fenced up ;

the owners of such fences shall make convenient stiles or gates.

IDLENESS.

Grand jurors to Por the preventing of Idlenesse and other evills occationed there-
inquire whether ^ i /-< m i i /-i i t
any persons live by, It is cnactcd by the Court, That the Grand Jurymen of every

such to be Town© shall have power within their severall Townships to take a

brought before . ,, . i • c ii r i •

thegov.dt assist, speciall View and notice ot all manner ot persons, marryed or sin-
gle dwelling within their severall Townes, that have small meanes
Re-enacted in to mayntaine them and are suspected to live idlely & loosely, & to

1658, with the . rii it ii -i r t i

alteration, ai- require an account ot them how they live, and such as they lynd de-
sons"! be*' ^'^'^' hnquent and cannot give a good account thereof unto them, that they
ti^rma^isuat'e ^ausc the Constable to bring them before the GoV and Assistants
ihe'"'iivr"''''*''^*' at Plymouth the first Court of Assistants after such delinquents
shalbe found out, That such course may be taken with them as in
the wisdome of the Govern' shalbe adjudged just and equall.

TOWNES TO MAKE ORDERS.

Towns allowed It is also enacted and con clued by the Court, That all the Towne-

to make by-laws, ...,.„ ,, , , ,,

provided— shipps Within tliis Govcrir allowed or to be allowed shall have liberty

1G38, except the to mcete together and to make such Towne orders as shalbe needful!

as c ausc. ^^^ requisite for the bearding of Cattell and doing such other thinges

as shalbe needfull for the mayntenance of good neighbourhood, and
to set penalties upon delinquents. Provided that their orders be not
repugnant nor infringe any publicke acts, And that the fines and pen-
alties shalbe disposed of afterwards to their particular Townes, Also
that the fynes exceed not the sum of tenn shillings for any one fyne.

Trade to be con- It is also enacted that the Trade shalbe continued in M"" Brad-

tmucd m the

hands of Mr. ford's and his p'ners hands durine; the tcrme which is till November

Bradford and , , , , t. , i^ /•

partners. comc twelve montlis and that M"" Bradford shall have ye SO*' waight

of beaver given the colony for the first yeares profitt for xxxv-^
stcrl.

PART I.] COLONY OF NEW PLYMOUTH 65

That there be foLirty pounds yearly equally levyed by the towns Salary of ihe
within the govment to be allowed the Gov"" for the tyme beinge to- Erased in the on-
wards the defraying of the charge of the place and to be encreased
hereafter as need shall require.

1639. ^ ^W»J?5:^

Acts made and confirmed at the genall court the 3<^' of March
1639.

SERVANTS COMINGE OUT OP ENGL.

That no servant comeing out of England or elsewhere and is to Servants not al-

r ii-^ii-ci ir lowed to buy their

serve a master lor some tyme be admitted his ireedome or to be lor time, unless, &c.
himself untill he have served forth his tyme either with his master or less.
some other although he shall buy out his time, except he have beene
a house keeper or master of a famyly or meete and fitt to bee so.

TRADING GUNS AND POWDER &C WITH NATIVES.

That no man shall give, trade, truck or exchange directly or indi- Trade with the
rectly with the Natives or Indians (other then Englishmens servants) ed.'^"^ ^'^° ' "°
to give or pay him any money gould or silver for the same upon the ig^'l"^'^^^'^ '"
penalty to forfaite twenty for one by him or her that shall so doe.

The like penalty also upon any that shall give trade truck or ex- No arms, &c., to
change w^h the natives for any kind of millitary armes as guns of any dians or°mendeci
length, or sort whatsoever or any shott lead bulletts or powder or '^°' "^"^'"'
swords daggers or rapiers or mend or repair any kynd of peece for
them or armes to forfaite twenty for one.

CONSTABLES AND THEIR DEPUTIES,

That the Constables that live remote hence in the further planta- Constables, who
cons shalbe freed from attendance at the generall Courts after they required to attend
are sworne except there be speciall cause and that if the Constable
of any towne do goe from hoame he shall depute some other man in May appoint dc-
his roome untill his returne provided it bee such person as hath Re-enacted i«
borne the same place & for default to forfeit ten shillings.

P'^FANE SWEARING AND CURSING.

That whosoever shall prophanely sweare or curse by the name of penalty for pro-
God or any of his titles attributes word or workes upon proofe there- RefenacTed"m
of made by sufficient Testymony or confession of the party he shall *^^-
9

66 LAWS OF THE [PART I.

pay for every such default xii'^ or be set in the stocks so that it ex-
ceed not the space of three houers or putt in prison according to the
nature and quality of the person.

Twenty pounds Whereas in re^iard that the Govern^ hath often fallne upon one

granted to the " •■■

Governor. gi^j the same person which hath beene very burdensome unto, him

and an impoverishing of his estate, The Court doth therefore enacte
and conclude that the twenty poundes for this yeares benefitt of the
trade shalbe payd to the Gov"" towards his charges in sustayneing the
place and that the Townes within the Govern^ shall add thereunto
what every man shall think nieete & convenyent and pay it to the
Treasurer for his use.

Commission to That the Comission directed to Mr. Bradford & M"". Winslovv

Mr! Wiusiow're- for the Setting of the bounds betwixt the two patents of Plymouth &
Mattachusetts Bay be renewed for six months.

Cohannet called That Cohannet shalbe called Taunton.

Taunton. . t i i /• t-»

That two suihcient men one of larmouth and another of Barnesta-
Mr. Freeman and ble be yearely chosen & nominated against the next Court to be

two others to de- . i'ii\it^ roi-i i ii

termine suits for joyncd With M^. 1< rccman of feandwich to heare and determine suits
three po°]nd's.°^*' ^^d controversies betwixt pty and pty within the towneship not ex-
Repealed, ceeding three pounds.

HERRIISIGE WEARES.

A weir to be It is enacted by the Court That a herring ware to take fish shalbe

river. ' erected at Joanes River, and that such as will put in their stock or

money at the first for the erecting of the same shall have an answer-
able proporcon of gaine and if it prove prejudicial! to the generall that
then upon payment of the charges to be pulled downe.
Also at other The like liberty upon the like conditions are graunted to erect

creeks upon the i /> i ht i i -r.! n- i -r-»- -n i tvt

same conditions, wcars to take fish at Mortons lioie Bfew iiish Kiver Jl<agles IN est

Greens harbour & the Eele River or any other Creeke.

That all contro- Wlicreas upon a ])roposicon made by the Grand Inquest at the '

dis^pLingoiiands Gcncrall Couft held the fift day of March 1638 by what vertue &

hlTn^^^irTd '''^pounds power the Gov' and Assistants do give and dispose of lauds either to

the'mirf ba'sers ^° P^i'ticular persons or Towneshipps and Plantacons where upon ever

since there hadi beene a Cessacon of the Graunt of lands to any

persons by the Govern'. And now upon heareing and debating the

controversies matters and diflercnccs about & concerning the same

in the Publicke Court, And whereas there was a large sume of money

disbursed by those that held the trade viz'. M^. Bradford M^ Prence

Captaine Slandish & the rest of their partners for the enlargement of

ihe Patent of New Plymouth In New England, In consideracon

PART I.] COLONY OF NEW PLYMOUTH. G7

that all controversies & differences about the same may hereafter
cease and determine, whether betwixt the purchasers old Commers,
freemen or others about the same, The Court hath by mutuale assent
& consent of all as well purchasers old comers as freemen enacted &
concluded that there shalbe three hundred pounds sterl. or so much
as shalbe required not exceeding the said sume of three hundred
pounds payd to those that hold the trade viz'. M"". Bradford Mr.
Prence Capt Standish and the rest of the p'ners towards the charges
of the enlargement of the said Patent if the same shalbe required out
of the personall estats of the said M^. Bradford M'". Prence Capt
Standish & the rest of the p*ners which said three hundred pounds
or lesser sume shalbe levyed upon the plantacons by such equall How raised,
way as shall be thought meete. And that they Purchasers or old
Comers shall make choyce of two or three places for themselves & The old comers
their heires before the next December Court & that after such choyce ceriain lands for
made and establised all the residue of the lands not formerly graunted lo'^'surrender ^the
forth either to plantacons or particular persons shalbe assigned & sur- i"cs"o''ie colony,
rendered into the hands of the whole Body of the freemen to be
disposed of either by the whole Body, or by such persons as shalbe
by the whole Body of freemen assigned and authorized. And
that all lands already graunted either to plantacons or particular per-
sons shall stand and remayne firme to them, their heires and asssignes
forever to whom they are so given and graunted. Provided that all
lands shalbe now free to graunt to such persons as stand in neede in
the Plantacons now made save that there shalbe no more Plantacons
erected untill the Purchasers have made their choyce as aforesaid,
And whatsoever shalbe further materiall & requisite in law for the
confirmeing & establishing this act and order it shalbe donn by Coun-
sell to the intents and purposes herein contained and expressed if
neede require.

It is also enacted by the whole Body of the Court, That the The Governor

^. 1 A • 1 11 11 -1 • 1 • 1 ^"f^ Assistants to

(jov'' and Assistants shall graunt lands to particular persons within the giant land as he-
Townes of Plymouth & Duxborrow as they have donn form'y until and Djxbury"" ^
December next.

It is enacted by the Court That the prison shalbe erected at Ply- Prison to be erec-

.1 ted at Plymouth.

mouth.

It is enacted by the Court that the Messenger shall have thirty The messenger
bushells of Corne for the yeare past and thirty bushells for the yeares eL of corn for L's
comeing & to be levyed upon the whole Government. services.

It is also enacted & concluded by the Court That Nathaniel Sow- Naih. Souther
ther shalbe Clarke of the Court and shall have thirty pounds p. ann. to have a^'saiary
besides his other fees from this tyme forward to be payd him quar- befiSi'sfees."'
terly by the Treasurer levying it upon the whole Collonies.

68

LAWS OF THE

[part I.

TOWNESHIPS POWER.

Towns may levy Whereas the Towneships within this Govern' have formerly had

tELxes to defray /-v i i • i

town charges. liberty to meetc together and make some Tovvne Orders which are
1658. thought to be defective for that they conceived they had not power

to make assessments rates and taxes for raiseing such necessary ex-
penses as shall be disbursed about the general occations of the
Townes concerning the Commonwealth, It is enacted by the Court
That every Towneship shall have liberty to meete together and make
levyes rates and taxes for their towne's charges and to distraine such
as shall refuse to pay the same upon warrant from the Court or Gov-
ernor.

It is also enacted by the Court, That the Governor and Assistants

The Governor

fix the bounds of shall appoint and set forth the bounds of Towneshipps as formly they

townships.
Re-enacted in
1658,

have donn.

1640.

Acts made and confirmed the genall Court 1^' September, 1640.

CONSTABLES TO WARNE MEETINGS.

Constables to That the Constablcs of every Towne within the Gov' shall warns

whMthe'^depu- the Towncsmcn whereof they are to come together as they doe for
Re^-eaac'ted in Other townes businesse, when the Committees shall think it fitt as
^^^^' well to acquaint them with what is propounded or enacted at the

Court, as to receive instruccons for any other businesse they would

have donne.

UNSEASONABLE TAKING OP TOBACCO.

Jurors forbidden That if any person or persons take tobaccoe whilst they are em-
while on duty, panelled upon a Jurie to forfeit five shillings for every default except

they have given up their verdict, or are not to give yt until the next

day or dep' the Court by consent.

Inhabitants to That the inhabitants of every Towne within the Government fitt

train six times i i i i i i i • • i

each year. and able to bcare armes be trayned at least six tymes in the yeare.

Persons raising That all such pcrson &. pcrsons as have sowed any hempe or flaxe

quired to dress it. according to the former act of the Court, shall not waste the same

epeae . ^^^ ^^^^^ dressc the said hemp or flax or procure it to be dressed fitt

for some good use and preserve the seed: And the Comittees of the

PART I.]

COLONY OF NEW PLYMOUTH.

69

severall Townes shall see the same so donn the week before the
Eleccon Cpurt, and to make report thereof to the Court. Upon
penalty of five shillings to be forfaited to the Colonys use for every
delinquent therein.

green's harbor plantation.
It is ordered by the Court That Greens Harbor shalbe a Towne- ,,^^^^^-

•^ _ _ Made a township

ship and have all the priviledges of a Towneship, that other Townes under the name
have, and that it shalbe called by the name of Rexhame ; but now afterwards of
Mar^hfifhJ Marshfield.

1641.

At a gen'al Court held the 7th Sept. 1641

It is enacted that the Clarke shall have XX^ p. ann. besides his Clerk's salary.
other fees and that Mr. William Paddy shalbe the treasurer this yeare 1638.
and shall pay the Clarke his XX-^ and give an account of his re-
ceipts and payments at the Election Court.

The rates of the townes for publike charges of ye officers

Plymouth

Duxburrow

Scituate

Sandwich

Taunton

Barnestable

Yarmouth

Marshfield

05.
03.
04.
03.
02.
02.
02.

00. 00.
00. 00.
00. 00.
00. 00.
10. 00
10. 00
10. 00.

The proportion of
charges to be
borne by each
town.

02. 10. 00.

25. 00. 00.

MYNES.

It is enacted That if any man shall fiynd a mine of Gould, silver, Five pounds to
leade, tinn, brass, copper or coale that shall prove to be of value or person who shall
worth, shall have five pounds for his paynes to be payd in this man- Repealed.^'
ner, viz*. If it be found in a mans particular ground, then he to pay
for it, if in the lands of a Towneship then that Towne to pay, and if
it be on the Generall Comons, then to be payd by the whole govern-
ment. And if it happen that he that fiynds yt or the towne where
it was found shall neglect to worke it by the space of a whole yeare
next after it is found, then it shall be lawfull for the government to
appoynt any other man to worke it for his owne benefitt.

70

LAWS OF THE

[part I.

Court of Assist-
ants to be held
every month.

Dec.

Towns allowed
to bind out poor
children, who
have no employ-
ment.

Re-enacted in
1638.

Every township
to provide pow-
der, balls, &c.
Re-enacted in
1658.

Weights and
measures to be
uniform.
Repealed.

March.
Sciluate to have
two constables.
No tobacco to be
used but such as
is raised in the
colony.

Repealed March,
1642.

Every township
to provide arms,
&c. at the public
meetings on the
Lord's day.
Re-enacted in
1658.

That llie Courts of Assistants are to be kept herbafter every first
Tewsday in the month, except at the generall Court and then to be
kept the day before.

It is enacted That those that have releefe from the townes &
have children, and doe not ymploy them, That then it shall be law-
full for the Tovvneship to take order that those children shall be put
to worke in fitting ymployrnent according to their strength and abilli-
ties, or placed out by the Townes.

That every Towneship in the Govern' shall provide a barrell of
powder and leade or buUetts answerable, to be kept by some trusty
man or men in every towne that it may be ready for defence in tyme
of neede and danger.

That all waights and measures in every towne within the govern-
ment be made equall by one thereunto especially appoynted And
that a bushell a half bushell a joeck and a half peck be procured to
be made by the Bay standard and that the Grand Jurymen of every
Towne do assist Josuah Pratt in makeing all measures even accord-
ingly and these to be donn by thend of March next.

It is enacted That Scituate shall have two Constables yearly.

It is enacted That no forraine Tobaccoe be boudit and sold to
be taken in the Govern*- but such as is planted in the Government
after the first of Janurary next, except what is bought & sold to and
from forraine places.

It is enacted That every Towneship within this Government do
carry a competent number of pieeces fix'^ and compleate with powder
shott and swords every Lord's day to the meetings — one of a house
from the first of September to the middle of November, except their
be some just & lawfull impedyinent.

1642.

Each town 1o
provide wolf-
traps.

Mr. Nathaniel
Thomas to exer-
risc the men in
Marshfieid.

The VIii> of September 1642.

It is enacted by the Court that all the Townes within the Gov-
ern' shall make woolfe Trapps and bayte them and looke unto them
dayly upon the penalty of x' a trap that shalbe neglected. The
number that eich Towne is to make is, as followeth. Plymouth five
Duxborrow five Scittuate foure Sandwich three Taunton two Barne-
stable three Yarmouth three and Marshfieid two.

That Mr. Nathaniell Thomas shalbe allowed to exercise men in
amies for the Towne of Marshfieid.

PART I.] COLONY OF NEW PLYMOUTH. 71

MILITARY OFFICERS POWER.

It is enacted &c. Tliat those that arc appoynted in every Towne Commanders of

military compa-

to exercise men in Arnies shall have power to set a fyne on such as nies auihorized
shall absent themselves n[)on the days appoynted for exercise if there members, pro-
be not sufficient reason given for their absence, provided the fyne ^"^"^ ~
be with the consent of the company so exercised or the major part of
them, and such fynes to be gathered by the Constable of the place
and to be for the benefitt of that Company where such fyne shall
happen.

That the quarter Courts be hereafter held the first Tewsday in Quarterly courts
June the first Tewsday in September and the first Tuesday in March first Tuesday in
yearely which shalbe the Eleccon Court and none to be kept in De- anTMard!.^"™''^'"
cember as formerly and that every Court shall begin at nine of the
clock in the morneing and end at foure in the afternoone. And that
the monthly Courts be kept every first Teusday in every second
month.

MILITARY OFFICERS.

That the Courts doth give power to the Townes to propound two Sept.

^1 1 /^ 1 • 1 r 1 1 1 Towns permitted

or three persons to the Court to be in any cheele place above the to nominate per-
sons to exercise
men in arms.

degree of Serjeants to exercise their men in armes and to present ii°efr
them to the Court and such as are approved by the Court to be es-
tablished and such Officers to choose their under officers with con-
sent of the Body.

TRAYNINGE.

That the cheefe millitary comanders of every Towne have power Military com-
to call forth men & to exercise men in their armes and to appoynt "own ^authorized
dayes, and the Serjeants to give warning thereof and to be donn as fortmn'inffand'to
often as the Court hath appoynted. exercise men in

^ ' •' arms.

That in tyme of feare and danger or suddaine assault of an enemie Re-enacied in

, . . . 1658.

the Millitary Comander in every Towne shall have power to call the May call out their
soldiers of that Towne together and putt them into a posture of warr dan<^er!'" '^^°
whose commands every souldier shall obey for the defence of the igss"^^'^'^ '"
Towneship and that they follow the directions of the millitary co-
mander of that towne in keeping watch and ward, provided that the
ordinary watch be set and appoynted with the Ma'^^'* approbacon
of that towne if there be any.

That the millitary company have power together with their cheife Military compa-
comanders to make orders for fineing all such as shall not have their der^s for ' fining-
armes compleat and shalbe defective in their appearance & exercise equi'ppcd!"^^ "°'

72 LAWS OF THE [PART I.

of armes, and to make such orders for furnishing the company with
such necessaries as shalbe needfull for the exercise.

HOW STJCH FYNES TO BE LEVYED.

That all such military fines and forfaitures be levyed & gathered
by the Clark of the Company and constable or one of them and to
bee ymployed to the benefitt of that company.

SMITHS TO AMEND DEFECTIVE ARMS.

Smiths required That all Smyths within the Government be compelled to amend
Uve^arms, and' and rcpaire all defective armes, brought unto them, speedyly and to
take corn for ^^^^ Come for their pay at reasonable rates ; and the smyth refuseing
fetjt'thattoansweritathisp'ill.

they were to be

and butter In- RECEIVING PERSONS INTO A TOWNE, WHO ARE LIKE TO BE

^*^^'^°^^°'"- CHARGABLE.

Iftilihabitant ^^ hereafter any Inhabitant or Inhabitants of any Towne within
of any town shall jj^jg Govcm' shall rcceivc or bring in any person or persons as is

bring any person " '' '■ ^ '■ ^

into town likely apparently likely to be chargeable to the Towneship against whom
chargabie, he just exception is made at the tyme of his comeing or within a month
the town there- after without the consent & assent of the Townesmen in a lawful!
Re'^enacted in gcnerall publicke towne meeting the partie or parties that so received

1658.

or brought them shall discharge the Towne of them.

Diseased persons If any person or persons comeing out of England or els where

brought from , . ' , , ^ . ,.

England or else- bring any person or persons who by reason ot impotency disease or

por^ted "by^thos'e Otherwise is apparently likely to be chargabie to the place where hee

who bring them. g|^^jj f,Qjj^g jq jnhabite the person or persons so bringing in any such

person or persons shall discharge the Towneship of them during the

tyme of the diseaseds abode there. But in case any Inh'ite within

Except, &c. this Colony shall bring over from England or els where or procure

to be sent unto them any servant or servants which by Gods Prov-

Re-enacted in _ •' _ •'

1658. idence shall fall diseased lame or impotent by the way or after they

come here, they shalbe mayntayned and provided for by their said

masters &c. during the terme of their service & covenants, although

their said masters release them out of their said service, & afterwards

to be releeved by the Towneship where hee is.

PERSONS FOR NURTURE OR PHYSICKE.

Children, &c. If any children or elder persons shalbe sent or come from one

coming from oth- .-. , , i i i i i • i i

er towns to be 1 owne to another to be nursed schooled or otherwise educated or
cd, requiring re- to & Phisician or Chirurgeon to be cured of any disease or wound

PART 1.] COLONY OF NEW PLYMOUTH. 78

&c. vf they come to stand in need of releafe they shalbe relceved lief, shall receive

•I •' _ •' it of the town

and maynta'med by the Townships whence tiiey came or were sent from which ihcy

from and not by that Towneship where they are so nursed educated

or at cure, and in case they come or be sent from any Townc or

place out of this Colony then if the nurse educator physicon or Chi-

rurseon take not sufficient securyty of the person to be nursed edu- H' ihcy come

1 m I • r 1 /• 11 from any place

Gated or cured to discharge the Towneship oi and from all cost and not within the
charge which shall or may come and befall the said Towneship in supported by
■which hee or they is so to be nursed educated or cured Then they &c.'^uii'!cs's— "'
the said nurse educator phisicon or Chirurgeon as neglects the same

,,,,., , • 1 ,n t • r 1 I 1 Re-enacted in

shall discharge the said lowneshipot them themselves. 1G58.

INHABITANT WHO.

That every person that liveth and is quietly settled in any Towne- Every person to

... ,..,., r I 1 1)0 reputed an in-

ship and not excepted against within the compasse ot three months habitant after a
after his comeing, in this case shalbe reputed an Inhabitant of that J^oniiir'^"

_■!-„„ Re-enacted in

P^^^^- 1658.

PROVISION FOR POORE.

That every Towneship shall make competent provision for mnyn- Every town ia

/. , . ,. , 1 11 r 1 make provision

tenance ol tlieir poore according as they shall lynd most convenyent for their poor.
and sutable for themselves by an order and generall agreement in a iG5'8"exccpt'"lie
publicke Towne meeting. And notwithstanding the p'miss'^- That '^^' clause.
all such person or persons as are now resident and Inhabitants
within the said Townes shalbe mayntained and provided for by them.
Memorand, That Jonathan Willis is excepted out of this order
that is at Duxborrow for cure, and shall not be mayntayncd by Dux-
borrow but by Sandwich whence he came.

ELECCON CORTE IN JUNE.

It is enacted also, That the Eleccon Court of chooseinz officers Re-enacted in

1 fi 58

as Gov"" and Assistants shalbe hei-eafter every first Tew'sday in June
because that many are hindred from comeing in IMarch by reason of
the unseasonableness of the weather ordinarily.

It is enacted by the Court, That all the Milners within this Gov- Millers required
ernt shall provide and keepe w^eights and scales in their milhies to and scales in their
weigh mens Corne withall. Repealed August

30, 1G13.

10

74 LAWS OF THE [PART I.

1643.

LANDS HIRED OR PURCHASE OF INDIANS.

June. Whereas it is holden very unlawful] and of dangerous consequence

No person to pur- , • , i , i r /■ i • • th ,.

chase or hire lands and it liatli beene the constant custome h-oni our rirst beginning i bat
without the assent "o person or pcrsons have or ever did purchase rent or hire any lands
""^Re^nacted in herbage wood or tymber of the Natives but by the Majestrates con-
^^^- sent, It is therefore enacted by the Court that if any person or per-

sons as hereafter purchase rent or hyre any lands herbage wood or
tymber of any of the Natives in any place within this Govern^ with-
out the consent and assent of this Court every such person or per-
sons shall forfait five pounds for every acree which shalbe so pur-
chased hyred rented and taken and for wood and tymber to pay five
times the value thereof to be levyed to the Colonies use.

TRYALLS BY THE COURT OF ASSISTANTS.

No matter of im- It is also ordered by the Court, That the Court of Assistants
u?ed"b}Mhe°cour'i shall uot try any matters of waight without the major part of the As-
majtrUy be p'es^ sistants be present. And also that if there be not foure Assistants
^"'- with the Governor not to try or end any cause without the consent

of the parties.

GUNS ALLO^VED FOR SERVICE.

Maich. The guns and peeces allowed for service are these viz'. Musketts

ed forfervice?^^' fii'S locks and matchcocks so that they have foure fathome of match
fes's"^*^^*^'' '° ^^ ^^^ tymes for every matchcock Caliver Carbines and fouleing peeces

so that they be not above foure foote & a half long and not under

bastard muskett or caliver bore.

RATERS AND RULES THEREOF.

The assessors, That in every Towne there be three or foure men chosen by writ-

how chosen. ... . , . , II 1

jng their names in papers as the majestrates are chosen to rate all the

Inhabitants of their Towne according to their estates or families, that

is according to goods lands improovcd faculties and personall abilli-

ties whether the rate be for any of the townes in particular or for

generall charges. And by ymproved lands are understood meddow

land plowed land and howed lands.

Orders to be ob- The Orders herein to be observed are these,

First, That the Constable shall sumon the Townesmen to meete

together, & if he neglect when he is thereunto lawfully warned to for-

faite XX*.

PART I.] COLONY OF NEW PLYMOUTH. 75

2'y- That if the Townesmen do not meete upon the Constables
warneing & choose raters the Tovvne to forfaite five pounds.

3b'- That if the Raters so elected do not make the rate and tran-
scribe and deliver or cause to be delivered a copy thereof to the
Constable within tenn dayes next after their eleccon or sooner if the
occation shall require to forfaite tenn shillings a peece for every such
default.

4b'- That if the Constable do neglect to gather the said rate or not
cause them to be brought in within fourty dayes next after he hath
the said rate or sooner upon speciall occation, he shall pay it self &
to be recoved by suite &c.

5'3'- That the Constable shall have power to distraine upon any
that shall neglect to pay his rate being demanded, & bring it to ye
place appoynted by him and shall have XII'' for his distres of every
one as shall by such his neglect put him to distrayne.

Lastly, That all fynes and forfeitures which shall happen for breach
of any of these acts & orders shalbe levyed for the generall use of
the Government.

LANDS OF p'tNERS.

That where lands or tennements fall in joynt partnership either by Lands held in
guift graunt or purchase or otherwise. That if any of the partners do desceiKiTo"tiie
dye before the division thereof shalbe made, That the heires & as- tenants. ^^ '^°'"
signes of such as shall so decease shall not be deprived of the right icfi'^'^^^^'^'^ '"
title and interest into such said lands and tennements but shall have
his or their proporcon as duly &: equally as any of the survivors or
their heires or assignes any act ordinance custome or provision made
to tho contrary in any wise notwithstanding as fully and amply as if
division thereof had been formerly made.

1644.

DEPUTE CONSTABLES.

It is enacted by the Court, That if any Constable within the Gov- June,
ernment have occation to goe out of the Towneship whereof he is ap°point dlpi^iei
Constable for some tyme he shall have power to procure and depute ''"''"^ absence.
another in his stead as his deputie to execute his place untill his re-
turne as effectually as he himself might doe.

76 - LAWS OF THE [PART I.

MAGISTRATES SUMMONS.

The Gov. or any That it shall be lawfuU for the Governor and Majestrates or any of

of ihe magistrates , ,. • ^ ■ i /-\

may issue sum- them to direct 3 suiumons to any person within the Govern^ to an-
Re-eiiacied in swere to any suite comenced against them, and it shalbe as authenti-
call as if it were donn by warrant to attach or arrest them.

WHO REFUSE TO SERVE ON THE GRAND JURY.

Penalty for not That if any man be w-arned to serve on the Grand Inquest and

serving- on llie , . ir/-

grand jury. shall fayle to como and do the service and take the oath of fi lellyty if
he have not taken it already shall forfaite xx^ to the Colonies use.

GUNS OF INDIANS.

Penally for re- That if any man shall repaire or amend any guns or armes for the

guns.* Indians he shall forfaite xx for one.

WATCHES.

Aug. It is enacted, That as the watches are set up by order so they

watches shall be shalbc Continued untill there be order likewise to lay them downe.

Re-enacted in And that every watch shalbe set half an hower before the Sunn be

wards repea^d' ^®^ ^"^ ^° Continue untill half an hower after the Sunn is risen,

except they ward also on the day tyme, and then to continue untill

the same tyme they begann that a fresh watch come to releeve them.

And that for every man that shall neither come himself, nor provide

a sufficient watchman in his stead, or lay downe the watch without

due order shall pay II« YId for every night to the Colonies use and

IV^^ an hower for every hower he comes after the watch is sett.

WHO REFUSE THE OATH OF FIDELITY.

All who refuse to That all ihose persons in every Towneship within this Government

take the oath of i j i

fidelity to leave yt have not taken the Oath of fidellyty &c. and do refuse to take it

the colony. i 4 i /-<

dep* the Government.
The jurors to be That if a Jury be empanelled for tryall of causes and the parties

paid, though the , i ,, 1 t •

parties agree. agree alter, yet they shall pay the June.

Ke-enacted in rrn r r 1 1 r • • 1 •

1658. J- he tynes ot such as are defective in their armes.

fj^'^ro^eT^Z: For such as are wholly defective X^.

that want a peece VI*.

that want a sword IP. VI<^

that want powder V*.

that want bullets II*

that want match Xll^f

PART I.] COLONY OF NEW PLYMOUTH. 77

ENTERING OF ACTIONS.

That all actions be entered upon the warrants or sumons sending Re-enacted in
torth as soone as may be.

PRESSE HORSES.

That it shalbe lawfull for the Go"" & Assistants to presse horses Governor and

Assistants may

for the Coiintreys service, paying the owners for them or takeing or- impress horses.

- , . T-. •.' I • -I • 1 • Re-enacted in

der for their payment. Jtsut it he miscarry in the service the price i658.
of such horse made good to the owner by the Countrey, and the
horse to be prized at his going forth.

"Whereas it was enacted March 7"^ 1642 That a person quietly Former act ex-
settled in any Towne within this Govern^ &c. the space of three ^'^'"^
months should be reputed an Inhabitant there. It is provided that
that act shalbe expounded & construed onely to have relation to poore
persons &c. And it is also provided that that act shall not any wayes
enable any person to be reputed an Inhabitant in any Towneship
within this Govern* that sliall or doth refuse to take the Oath of
fidellyty &c. although he hath beene there resident for some tyme.

Acts made att the genall Court the 3'^ March 1644. 20° Coroli R.

TRESURER GIVE HIS ACCO.

It is enacted that the Treasurer shall at the Eleccon Court give in Treasurer to ren-

-,. ■ c, r ^ ■ 11 cler his account at

his accounts ot his receipts & payments lor his yeare to any that the the election court.
Court shall appoynt and to be entred upon record and thereupon he iq^s.
to be discharged.

GENALL COURT.

It is enacted that the generall Court formerly holden in September General Court to

. j' ^ be holden in Oc-

shall hereafter be holden the last Teusday in October. tober.

A GUARD OF 2 HALBERTS.

It is enacted That there shalbe allowed at the generall charges, a 4 ^"^""^ allowed

" ° the Governor at

gaurd of two halberts for the safety of the Governors person at the the General
generall Court.

DEBTS DUE BY BOOKE HOW TO BE DEMANDED.

Whereas many inconveniences losses and great controversies have
and do daily happen by reason of pretended debts some tymes just
and sometymes satisfyed the charge remayneing still uncancelled
some tymes upon bookes sometimes by papers whereas in truth there

78

LAWS OF THE

[part I.

IS little or nothing really due or remayneing, but through long neglect

of demaund, and sometymes slow payment made, much contention

To be demanded (Joth arise betwixt party and party. It is therefore enacted by the

wilhin one year. ,.,., ^ iiiii

Court, That jf any man which either lormerly hath dwelt or now
doth dwell within this Govern' have any debts now oweing upon
booke or by papers or such like scroules and are not demaunded
within the space of six months next after the first day of November
next such bookes papers or scroules shalbe no evedence upon tryall
or recovery of them. And for tyme to come a booke paper or scroole
shalbe evedence for the space of one yeare after the makeing of the
debt therein specifyed or written and no longer, except the same be
Two years al- Otherwise proved, but for such as go long voyages to Sea to be

Jowed lo those ^t , ^

^vhogoiong allowed two yeares.

voyages.

SURVEYORS OF HIGHWAIES.

That the surveyors of the heigh wayes shall give three days
warneing to the Teames and other particular persons when they are
to amend the heigh wayes as often as need shall require provided
that they warne not one teame nor one person twice before they
have gone over all the teames and persons in their towneship. And
he that shall refuse to come being so warned shalbe brought to the
Court to answere his contempt. And that every Surveyor that shall
neglect his duty in repaireing the heigh wayes shall forfaite X* to the
Colonies use.

To g-ive three
days' warning.

1645.

Acts made the fourth of June 1645.
Messenger to be That the Messenger henceforth be styled or called by the name

called iSarshal. ^f Marshall.

That Seacunck be called Rehoboath.

It is enacted that if any goods or cattell be taken upon execucon
execution to be t]-,g Officer shall deliver them to the plaintiffe and if they bee above

Seacunck called
Rehoboth.
Goods taken on
execution to be
delivered to the

plaintiff, &c.
Repealed.

the value of the debt the plaintiff shall render the overplus to the
defendent within six dayes next after they are so taken in Countrey
pay, but if the defendent can either himself or procure any other to
pay the debt otherwise or will give more for such goods so taken in
execucon then they are valued at. It shalbe lawfuU for the de-
fend* to make his best of them so it be within the said six dayes nex^
after they are so taken.

PART I.] COLONY OF NEW PLYMOUTH. 79

EXECUTION GRANTED WHEN.

It is enacted that an execution shalbe made forth at the end of one Execution to be
month after the verdict and judgment is graunted and not before momh after ver-
(except the p'y be dep.ting the gov'"ment.) and that the Marshall "^ ' *^^'=''P ~
when hee goeth to serve the execucon shall take one w''' him chosen
by ihe plaintiff lo appraise the goods or catties so taken, but if either
the plaintiff or defendant do neglect or refuse to make such achoyce, The appraisers,
then the JNIarshall shall choose two himself and as they or any two
of them shall prise them, they shalbe forthwith delivered to the
plaintiff, and if they come to more than the debt and charges shall
amount unto then the plaintiff shall pay the overplus to the defend- The overplus to
ant in Countrey pay w^'^in three days next after liee receiveth the said fondant within
goods at the plaintiffs own house so that his house be not out of the ^'^*^ ^^^'
gov''ment. But if his house or dwelling bee out of the gov'"ment
then at the Marshall's house or where vf^^ most convenyency the
Marshall shall ajjpoynt.*

EXECUTION SERVED P. MARSHALL.

That all execucons yssuing out of the generall Courts or from ye Executions to be

SGfVGcl by lllG

Courts of Assistants shalbe executed by the Marshall onely. Marshal.

Re-enacted in
1658.
EXECUTIONS UPON APPEALS.

It is enacted that in case of appeale from one Court to another E.xecuiion to is-

, , 1 !• I t 1 11 si'^ forthwith

that upon the second verdict order or decree execucon shalbe upon judgment

presently made forth and the Marshall shall forthwith be sent to exe- °" ^" appea .

cute it. And if the Marshall desire it and the Court or Gov"" judge

it raeete a warrant shalbe directed from the Gov"" to two or three or

more for the aydeing and assisting of the Marshall in the execucon Aid to be given

thereof, and such persons so sent with him to be payd by the def- the Marshal.

fendent with the rest of the charges of the said suite.

CARNALL COPULATION.

It is enacted &c. That every person or persons which shall com- Fornicators to be
itt Carnall Copulacon before or without lavvfull contract shalbe pun- Re-enacted iii
ished either with corporall punishment by wliipping or els pay tenn
pounds a peece fine and be ymprisoned during the pleasure of the
Court so it be not above three dayes, but if they be or wilbe mar-
ryed one to another then but tenn pounds both and ymprisonment as
aforesaid. And by a lawfull contract the Court understands the

*This act was the same in 1658, wi(h the exception that six da^'s were allowed the Mar-
shal to return the overplus when the plaintifT resided within the government, but when he
did not so reside, he was required to return it forthwith, or give security to return it in six
dajs.

80 LAWS OF THE [PART I.

mutiiall consent of two parties with the consent of parents or gaurd-
ians if there be any to be had and a solemne promise of marriage in
due tyme to eich other before two competent witnesses. And if
any person or persons shall comitt carnall copulacon after contract
and before marriage shall both pay five pounds and be both ympris-
oned during the pleasure of the Court so it be not above three dayes,
or els in case they cannot or will not pay the fyne then to suffer
corporall punishment by whipping.

NUNCUPATIVE TESTAM'^^

Nuncupative It is enacted that if any man being sick and weake or otherwise

made^beforrtwo but of disposcing memory do declare his mynd and will concerning
ersTAhrp^ac'e the disposeing or bequeathing his lands before two or more of the
t^rlive?*^ ^*'=*'^' freeholders of the place where bee lives, it shalbe upon their oathes
l^e_ enacted in recorded and reraayne firme according to such devise & bequest.

Ttie bushel Whereas the last session of this Court it was fully agreed That

UnTed ebonies that bushell agreed upon by the United Colonies should be al-
Repeaiedtjuiy, lowed and no other. Whosoever therefore after the twentieth day
^^'^- of November next ensueing shall buy or sell receive pay or deliver

by any other than the said measure of the United Colonys both
buyer and seller shall pay XIF a peece for every such bushell so
bought and sold received and delivered to the Colonies use as soone
as he or they shalbe thereof convected. And the Smyth to make a
scale of two Roman letters namely N. E. to seale the measures be-
sides the P.
Bargains for corn That all former bargaines made for Corne due before this day
to'^be!"according shalbe payd by the old measure, except they have otherwise con-

t^ojhe old meas-- ^^^^^^^^

UNJUST WTS AND MEASURES.

Penalty for sell- That all Ordinary dealers that shall sell by unsealed waiglits and
wfigius and^'^ *^ measures which are not weight & measure by the standard shall
measures. loose such weights and measures and make restilucon to the parties

wronged by such want of waight & measure and shall pay to the col-
onies use for every such default or false weight & measure for the
first tyme 6* 8"^ and for the second time 13* 4'' and for the third
tyme 20' and for such waights and measures to be burnt. And
that all other waights & measures of other men shalbe answera-
ble to the standard and a pyle of waights of M'"'^ Atwood and her
scales shalbe the standard. And for sealeing V' for every weight un-
der a quarter of a pound and for all above a quarter to 6'* IP a peece
and for all above 6''' to a hundred weight 4^.

I

PART I.] COLONY OF NEW PLYMOUTH. 81

miller's toll dishes.

Tliat every Miller have two toul dishes viz* a quart and a pottle, Every miller to
but to be so made that upheaped they will hold no more than a quart dishes, &c.
and a pottle by the new measure allowed and those be sealed by loas.
the twentyeth day of the next month or els to pay x^ p. month so
long as bee or they keepe them unsealed after.

BREAKINGE FENCES OR YATS.

That every person or persons that shall wilfully and of set purpose Penalty for
breake downe another mans fence or yate or any comon yate or or gates.
bridge to the annoyance either of a particular person or the generall lesg."
shall make up such said fence yate or bridge at his owne charge and
pay the damnage thereby sustayned and be fyned for the first default
fifty shillings and for the second default be fyned 5^ and bound to his
good behavior.

REMOVINGE OR DEFACINGE LAND MARKS.

That every person or persons that shall wilfully pluck up remoove penalty for re-
or deface any land mark or bound betwixt party and party that have "i°v'"o land
beene or shalbe orderly and sufficiently set up by persons thereunto Re-enacted in
designed shalbe fyned from 20^ to five pounds according to the na-
ture of the offence.

BURNINGE FENCES.

That every person or persons that shall wilfully and of set pur- Penalty for bum-
pose burne any mans fence or fences shall make good the damage
and bee bound to his good behavior.

PURLOYNING MR'^ GOODS.

That whatsoever servant or apprentice or labourer that shall purloyne Servants purioin-
or steale or ymbessell his masters goods shall make double restitution go^is, how pun-
either by payment or servitude as the Court shall judge meete for Re-enacted in
the first default, and for the second default of the labourer to make ^^^^'
double restitution, and either fynde sureties for his good behavior or
be Vv'hipt.

WEARINGE VISORS.

Whereas some abuses have formerly broken out amongst us by Penalty for wear-
disguiseing wearing visors and strange apparell to lascivious ends and Rf-enacted in
purposes. It is therefore enacted That if any person or persons ^*^^^'
shall hereafter use any such disguisements visors strange apparell or
the like to such lascivious and evill ends and intents and be thereof
11

82

LAWS OF THE

[part I.

convict by due course of law shall pay fifty shillings for the first
offence or els be publickely whipt, and for the second tyme five
pounds or be publickely whipt and be bound to the behaviour if the
Bench shall see cause.

FORGING DEEDS.

Penalty for forg-
ing deeds.
Re-enacted in
1638.

It is enacted by the Court That whosoever shall forge any deed
or writing whereby any estate of lands either of Inheritance or for
terme of yeares shalbe passed and the right heires disinhereted and
shall produce or publish the same to such deceitful! end and purpose
and be thereof convict by due course of law shall pay the partie
greeved double damnage and be fyned half so much as the party
greeved recovers of him, and in case he be not able to pay it then
to be publickely whipt and burned in the face with a Roraane F.

STEALING OR DEFACING PUBLIC RECORDS.

An officer or That if any officer or keeper of Publicke Records or writings shall

keeper ot the j i o

public records, vvillfully stcalc imbezcll deface or make away any such publicke rec-

who steals or de- _ ^ _ _ "^ "^ ' _

faces them, to be ord or Writing SO committed to publicke record and keeping or alter

disfranchised. /• i i • i i- ,

Re-enacted in any oi them or any part ot them by raceing out or adding thereto or
otherwise shalbe disfranchised loose his office and burnt in the face
except in triviall cases.

CORRUPTINGE PUBLIC OFFICERS OF RECORDS.

Penalty for cor- That if any person or persons shall endeavour or goe about directly

ruptly attemptnig . . . .

to induce a public or indirectly to corrupt any Officer keepeing any publike Records

officer to deface .. "' ,.,^ I o J f

records. or Writings to procure him to deface corrupt alter race or ymbezell

1638. any such publike record or writing shalbe fyned according to the na-

ture of the offence so it bee not above fourty pounds or be whipt.

Nets not to be
set in Sandwich
river.

STOPPING BY NETTS SANDWICH RIVER.

Whereas notwithstanding the free liberty graunted for fishing and
fowleing It manefestly appearing that the Towne of Sandwich hath
received prejudice by stopping of the passage of the heareing or al-
wives to their ware by setting of netts to take Basse by private per-
sons to the generall prejudice of the whole Towne, It is therefore
enacted by the Court That if any person or persons shall presume to
sett any netts in the said River to stopp the passage of the said
heareings or Alewives or hinder their comeing up to the said ware
during their season which is from the middle of A prill to the last of
May shall forfaite tenn pounds as ofien as hee or they shall so doe to
the Colonies use.

PART I.] COLONY OF NEW PLYMOUTH. 83

MILITARY OFFICIOS TO SEE THE ARMS.

IVf ircli

It is enacted That the millitary Officers in every Towne shall see The military offi.
that the Armes of that Towne be fix & cotnpleat and such as are required to see to
allowed for length & bore, and to present such as are defective. tie arms.

1646.

WHEN MRTS and COMITTEES TO MEETE AT COURTE.

It is enacted by the Court, That the Ma"''^^*'^ a^^ committees do The magistrates

. . _^ , , - and committees

constantly meete in Court during the Court tyme at the hower oi to meet at seven
seaven of the clock in the morneing in the summer tyme and at eight summer and at
in the winter upon the penalty of VI^'' for every default made by any ^^f^*■ '" ^^^ ^''"'
and so continue untill eleven and then to rise to dinner and after din-
ner to returne againe and to continue untill a convenyent hower in
the evening as the Governour shall think meete, and for every hower
any of them shalbe absent after they are called to pay VP pr hower
except there be such sufficient reason shewed for their absence that
the Court doth allow of. Provided that the first day of the Court
nine of the clock shalbe the hower to meete at in the morneing.

BUSHELL.

It is enacted by the Court, The the Bay new bushell shall not be The use of the

Bay new bushel

used to buy or sell by nor any measures made thereby and that the forbidden, and all
old Iron bound bushell is established to be the measure and standard not authorized by
for all the Townes within this Government and that all measure used Erased°i'nthe ori-
within this Government shalbe made thereby and if any person or ^
persons do use any other either to buy or sell by they shall pay Xllrf
a peece to the Colonies use.

ORDINARY KEEPi^s ^j^d RETAYLERS OF WINE WHO AND THEIR

RULES

It is enacted by the Court, That none do keepe victualling or an None allowed to
ordinary or draw wyne by retayle within this Government but such v^houMeave of
as are allowed by the Generall Court, And that if any victualler or ^'''^ '=°"'"'-
ordinary keeper do either drink drunck himself or suffer any person Penalty for allow-
to be druncken in his house they shall pay five shillings a peece, drunkr°''^*'°""^
And if the victualler or ordinary keeper do suffer any Townsmen to
stay drinking in his house above an hour at one tyme the victualler

84 LAWS OF THE [PART I.

ordinary keeper shall pay for every such default XIF and the person

so staying above the said hower III^ IlIF, x\nd by drunkennesse is

Definition of understood a person that either lisp or faulters in his speech by rea-

drunkenness. „ i i • i • ^ • ■

son oi over much drink, or that staggers in his going or that vomitts
by reason of excessive drinking, or cannot follow his calling. The
person or persons that shall be found guilty in these or any of them
shall for the first default pay five shillings and for the second default
tenn shillings to the Colonies use, and for the third tyme he shalbe
found faulty to be bound to the good behaviour. And if he or they
cannot or will not pay the fine or fines then to be sett in the stocks,
&c.

MILITARY OFFICERS HOW CHOSEN.

Towns to present Jt jg enacted by the Court, That in case any cheefe Military Ofii-

to the court suit- •' ' .

able persons for cer as Captaine Leeftennant or Ensigne be wanting in any Towne

military officers. . mi- i

Re-enacted in withm this Government such Township shall present two or three
persons of the fittest they have for that place to the Court and such
person or persons as shall be approved of by the Court shalbe estab-
lished in such place and office, And such cheefe officer to choose
their under officers with consent of the Body.

It is enacted by the Court, That as the Captaine Leiftennant &

Ensigne of a Company are established into their places by the au-

wklioutThf"con- thoryty and approbation of the Court so such Captaine Leiftenant

sent of the court, q^^^ Ensigne shall not lay downe their places but by the consent and

Re-enacted in '-' •' -i •'

1G58. approbacon of the Court upon the penalty of five pounds for every

Captaine, fifty shillings for every Leiftennant and fifty shillings for
every Ensigne so laying downe his place without the leave and like-
ing of the Court. And if any Captaine Leeftennt or Ensigne shall
neglect to trayne their men on the dayes appoynted or shalbe necli-
gent in his or their places upon proofe thereof made, shalbe fyned x*
for every such default.

PUBLICK ARMS.

It is enacted by the Court, That every Township within this
Government before the next October Court eich Towneship shall

Towns to furnish

arms.| provide two sufficient snaphaumes or firelock peeces two swords

1G58. and two pouches for every thirty men they have in their Towneship

and so proportionably for their number they are to set forth be the
greater or lesser which shalbe ready at all tymes for service, upon
any occation upon such penalty for every delinquent as the Court
shall judg meete according to the nature of the offence.

PART I.] COLONY OF NEW PLYMOUTH. 85

EXCISE.

Forasmuch as their are certaine comon charges to be disbursed Excise on wmes,
constantly yeare by yeare, and forasmuch also as the Countrey is
unwilling to defray the same by way of rate but rather by way of
excises upon wines tobacco &.C., It is enacted by the authority of
the geneiall Court, That these excises shalbe imposed to be payd
by all that are lycensed to retayle wines strong water and y' sell To-
baccoe as followeth viz^- upon every gallon of Spanish wine eight
pence, every gallon of french wyne four pence, every gallon of
strong water eighteen pence and every pound of Tobaccoe one pen-
ny and for every share of fish by strangers haveing liberty to fish at The clause in
the Cape five shillings. And that in every Towneship within the in the original.
Goverment the Receiver of the Excise nominated and authorised by
the Court shall receive the same, And that every Retayler of ex-
cised goods do repaire to the Receiver before bee or they shall re-
tayle any such excised goods and make known the quantyty of them
and make payment of the said excise upon them unto the said Re-
ceiver four dayes in the yeer yearely viz'- the first day of August the
first day of November the first day of February and the first day of
May and for strangers presently out of which the Receiver shall have
twelve pence in the pound for gathering and receiving the same be-
sydes charges of transportacon defrayed. And if any person retayl-
ing any such excised Goods shall neglect or refuse to acquaint the Re-
ceiver of the said Excise therewith and not pay the same at the dayes
appoynted shall pay treble excise for them. And it shalbe lawfull for
every Receivor of the said Excise in every Township to goe into
any Retaylers seller boate or elsewhere into any house to take notice
of such goods and the quantity of them as are to be excised, and the
said Receiver of the Excise shall make payment thereof yearely to When to be paid.
the Treasurer for the tyme being at two dayes in the yeare that is to
say the first day of November and the first day of May, and in de-
fault of the Receiver either in not receiving or not paying it to the
Treasurer at the dayes appoynted to pay three for one. And in de-
fault or neglect of payment either in the Receiver or Retayler such
sume or sumes as are growne due with their severall penalties to be
levyed and taken by warrant from the Governor or some one of the
Assistants.

TOWN CLERK.

It is enacted by the Court That there shalbe in every Towne with- a clerk to be
in this Government a Clark or some one appoynted and ordained to town.
keep a Register of the day and yeare of the marriage byrth and buriall less."^*^'^"^ '"
of every man weoman and child within their Township.

86 LAWS OF THE [PART I.

THE WIVES CONSENT TO THE SALE OF HOUSE OR LANDS.

Any of the As- It is enacted &c. That the Assistants or any of them shall have

sistants may lake 11111 r 1 • i 1 r

acknowledgment full powor to take the acknowledgement ot a bargame and sale oi
o saeso ant. j^^^g^g ^^^ lands SO that they keepe a book thereof and cause them
The wife to con- to be recorded with all convenient speed. And that the wyfe here-

sent to sqIgs iicrC"

after made. after comc in & consent and acknowledg the sale also ; but that all

1658. bargaines and sales of houses and lands made before this day to re-

mayne firm to the buyer notwithstanding the wife did not acknowledge

the same.

PRISON^^s ALLOWANCE.

Two pence per jj jg enacted &c. That the Colonies within this Government shall

day allowed for . • i r r 11

the maintenance allow IV p. day to mayutaine a prisoner committed for iellony or

of a prisoner. . /• 1 1' 11 • 1 1 i

Three pence ai- misdeiiieanors, if they be not able to mayntaine themselves, and to
'anTfou"inSo. ^^ P^J^ ^Y ^^^^ Treasurer, and allowed upon his accounts.

MARSHALLS FEE.

It is enacted &c. That the Marshall shall have two shillings in the
pound for gathering of fynes &,c. if they be not brought in by the
pt'^^s themselves.

At a generall Corte by the last session of the Eleccon Corte
holden 20th October 1646.

Whoever sells a It is enacted & by the Corte ordered that whosoever shall draw
wine than 10 gal- out and scll a lesscr quantity or Caske of wine than 10 gallons to

Ions to be esteem- i n i ^ , i

ed a retailer. any shall be accounted a retayler.

Fine for retailing That whosocvcr retailes beere or wine or strong water & not
licensed by order of Courte shalbe fined & pay for the first default,
double the value of what is so sould and retayled.

REGISTER OF BIRTHS, BURIALLS & MARRIAGES.

A clerk to be ap- It is enacted by the Court That there shalbe in every Towns
town to register within tliis Government a Cleark or some one appoynted and ordayned
and deaths. ' lo kccpe a register of the day & yeare of the marriage, birth and
buriall of every man woeman and child within their townshippe & to
have 3^ pence a peece for each particular person so registred, & fur-
Parents to certify ther it is enacted, that every father, or mother, or next in relation

the birth of every _ , .

child to the cieik. shall Certify to the Towne cleark or register keeper, the name and
day of the birth of every child soo borne in his house within one
moneth next after it is borne, or be fined for every such default three
shillings, the one halfe moity thereof to the Governoure, the other

PART I.] COLONY OF NEW PLYMOUTH. 87

half moity thereof unto the said clearke, or register keeper upon his
compl*. And that every person married shall signify his & her name
with the day upon which they were married unto the said cl'' or reg-
ister keeper within one moneth next after the day of his said marriage
upon the like penalty of 3% the one moity thereof unto the Govern- Altered in 1658,
cures use, & the other thereof unto the said cl' or register keep- of the fines went

, . , . 4 111 • r 1 '° '''6 colony in-

er upon his complainte. And alsoe that every master or m^'^ ol the sieadofthe Gov-

^ ., . , . 1 ,. . , . ernor ; in oilier

lamily in which any person dies or person next in relation to any per- respects it was
son soe dead shall give notice unto the said Cleark or register keeper [jme!^""^ ^' ' ^^
the name of the person & day of the said buriall, sub pena 3' the one
halfe or moity to the Governours use, the other to the cleark or reg-
ister keeper upon his complaint. And the clearke, or register keep-
er of each Towneshippe shall exhibite a true & perfect Copy fairely
written annually at March Courte unto the said Courte of all the
birthes marriages and burialls of the yeare past. And lastly that the
clearke or register keeper in every Towneshipp shall publish all
contracts of marriages, & shall have XII'^ as his fee for every marriage
as he publishelh orderly.

ABUSIVE TAKINGS TOBACCO.

Whereas there is greate abuse in takinge of Tobacco in very un- Taking tobacco

° ° •' m the streets,

civill manner in the streetes & dangerously in out-houses, as barnes, &c. how pun-

, . . ished.

Stalls about hay stackes, Corne stacks & other such places, it is

therefore enacted by this Courte, that if any person or persons shall

be founde or seene hereafter takinge tobacco publickly in the open

streats of any Towne, (unles it be souldiers in the time of their

trayninge) or in & aboutes barnes, stoules, hay stackes, Corne

stacks hay yeards or other such places or outhouses, that every such

person or persons so ofFendinge shall forfeiet & pay to the Tovvnes

use, for the first default xii^^, for the second ii*, & soe for every such

default afterwards ii*, & it shalbe lawfull & by this act warrantable

for the Constable of every towneship without further warrant, upon The constable

sight or information thereof to distraine his or their goods for it as Re-enacted in

doe refuse to pay it upon his demand & to be accomptable to the

Treasurer of what he receives yearly at the Eleccon Corte.

MARSHALLS YEARLY WAGES.

It is enacted that the Marshall shall have henceforth annually three- The iMarshai to
score bushells of Indian Corne or the full value of it in other Corne busheiis of com
(besides his ordinary fees allowed) p*^. unto him for his wages pro-
portionally to be p''. out of the severall towneships by way of rate.

88 LAWS OF THE [PART I.

REpi^CHERS OF MARSHALL.

; if any person shall hencefo.

proaciiing me i -ht i n c i • i rr t

Marshal. reproach on the JVlarshail or any oi his by reason on and concern-

Penalty for re- It is enacted that if any person shall henceforth cast to contempt

proaching the
Marshal.

1638. ing his office shalbe fined for every such default to the Governments

use X*

RECEIVERS OF THE EXCISE REPROACHED.

Ten shiiihigs fine ^^d if any pcrson or persons shall henceforth cast contempt or

for reproachnig .

the receivers of reproach On any receiver of the excise by reason of & concerninge
his said office shalbe fined for every such default to the Gov-
ern's use X".

the excise.

FREEMEN TO APP^ AT THE GEN'aLL COURTE IN JUNE & 2

DEPUTIES.

The freemen to Whereas the Tovvnes formerly were to send their deputies (which

attend the June . ^,.„ „ ii/^

Court and make must arise out of their freemen) to attend the 3 Generall Courts of
the yeare for our Soveraigne Lord the Kinge, now upon the special!
complainte of the deputies of the Tovvnes soe sent professinge them
to be oppressed thereby, It is ordered & enacted that the whole
body of freemen appeare at the Election Courte which is the first
Tuesday in June successively, & there to make or repeale such
lawes orders & ordinances as shalbe founde meete & wholesome for
the orderinge of the government & that then alsoe they present such
deputies as have bene chosen by their tovvnes accordinge to order
formerly established who are to attend the same, & its severall ad-
journments as the occasions of the Country shall require, & that
whatsoever lawes orders & ordinances shalbe made or repealed be

No laws to be at that Courtc & the severall adjournments thereof onely done & the

made at any oth- , /-, , , r t i- o i

er Court. Other Courts to attend onely matters oi Judicature & the magistrates

Re-enacted in i , , i i

1658, onely to attend the same.

TOWNES NEGLECT TO CHUSE COMITTEES.

Penalty for neg- It js enacted that if any Towneship beinge orderly thereto renuir-

lecting to choose i o ./ i

committees. ed shall neglect or refuse to elect and chuse comittees according to

Re-enacted in . ~ . ,

1658. the two lormer orders, tlie towne so neglectinge or reiusinge to be

fined to the govern''* use 40* & every comittee soe chosen and
makes not his personal! appearance in the Courte at the day appointed
there to doe his service, be fyned 20* unles he can shew a reason
approved by the Courte.

Weights and GRANDJURYMEN TO VIEW W^s & MEASURES.

^cwed'^once ^n ^^ 'S Ordered that the grand jurymen in every Towneshipp once
each year.

PART I.] COLONY OF NEW PLYMOUTH. 89

in the yeare annually doe view all the measures, weights and tolle Re-enacted in
dishes in their severall towneshlpps, & see that they be lavvfuU ac-
cording to order, & that every householder have ladders sufficient
according to order & present the defects.

NEEDLESSE FIRING WOODS.

Also that if any person at any time shall fire any the woods, and Penalty for need-

, , . . 1 I I 11 /- 1 . ,1 lo lessly settinff fire

hath no just occasion so to doe he shalbe hned to tlie govern'^ use x^ to woods.

1 I • ^ Re-enacted in

or be whipt. 1658.

SELLING WINE OR STRONG WATER TO INDIANS.

It is enacted that noe person whatsoever shall henceforth sell wine No wine, &c., to

_ , . r • 1 ^ . be sold to an In-

or stronge water to any Indian, unless m case oi sicknesse or laint- dian without con-
nes and then onely with the foreknowledge & and consent of a ma- tr^te" ^ '"^^'s-
gistrate if there be any in the towneshipp, or in defect of him with {gsg,"^*^^^ '"
the foreknowledge and consent of the comittees or grandjurymen
of the said towneship, & but for a smale quantity, and for every de-
faulle to pay x* to the Colonies use.

1647.

REHOBETHS LIBERTY.

It is enacted that the towne of Rehoboth shall have liberty yearely „ J""®- ,

•'_ •' •' Rehoboth to

to make choice of 2 freemen of their inhabitants to be assistants to choose two free-

I • 1 • 1 • r 1 • • o • r 11 ™^" annually to

the magistrates then in beinge tor the examinmge &, tryinge ot all aid the magistrate

I- rr- 1 o 1 • c -• ^ '" the trial of

matters in dinerence betweene party & party by a jury oi 12 men causes,
not exceeding the vakie & some of 10^ reservinge liberty to any par-
ty after tryall to appeale to the Generall Courte at Plimouth, pro-
vided that the appeale be made the same day the verdict is brought ^^ appeal allow-
in, & and he that shall appeall doe give security that if he be cast in
the Courte at Plimouth then he shall pay double damages.

And further for the avoydin2;e of travaile & chardge the freemen of Freemen may

•' ■-' _ ° vote by proxy

Rehoboth shall for the election of magistrates send their votes by in the election of
proxies provided their votes be orderly taken in the Towne meetinge
& then y mediately sealed up & delivered to the Committees or
grandjurymen who shalbe sent to attend the affaires of the generall
Courte & delivered in Courte by them, unlesse upon other weighty
occasions, their presence be required by speciall warrant.
12

90 LAWS OF THE [PART I.

1648.

June. The Court have ordered y* Naiisset pay by rate fourty shillings

40s taxes. for the last yeare : and fourty for this present year : and so annually

fourty shillings.
Other towns to And further yt the severall Townships are to pay their rates ac-

pay the same tax . * "^

as the preceding cording to the samo proporcon they did the last yeare.
What is under- That by retaile of tobacco is to be ment all y' sell it by relaile
tobac'^o^'T^'"^ ^^*^^^'^'^ "^ roule or any otherwise y' onely exsepted which men
raise by planting at home.

1649.

June.^ The whole body of freemen of the Colony of Plymouth aforesaid

Officers to con- , . /• i i • i • • i

tinue in oflice Or the mauie part ot them being mete together it was unanmiously

expirat^OTof their Concluded that whereas things are much unseteled in our native cun-

serv^^e ^iu"iess— ^'T '" regard of the affairs of the State, wherby the Court cannot so

clearly prosseed in election as formerly, ail officers wether magestrats

or inferior officers shall contineu in their places with as full power

and authority as they had the yeare last past for the space of a full

yeare for i!ie yeare foloing unles som spcsiall inlellegent or order

com over W'^ shall at any time within the year aforesaid ocation the

calling the body of freemen togethei' for a new election.

Oct. It is ordered y' no Lands bee graunted to any strangers untel the

granted to stran- bounds bee knowne betwixt Kanetaquet & us according to order of

gers till tlie "Pit

bounds between -rarjemeni.

the colony and That whcrcas Complaint is made by the Comittees of Scittuaat for

Connecticut are J •'

settled. yt theire charges are not borne according to order of Court ; the

Sciiuate ordered Court have therefore ordered y* a warrant be directed to the Cunsta-

for public c^ha'r'^ ** bles of Scittuaat aforsaid to summon the said Towne together to

^^^' make a rate for publick charges wherein is to bee mensioned the

charges of the said deputies to be required by rate according to the

aforesaid order and y^ severall warrants be directed in like manor to

eich Towne within this Government respectively.

The Gov. defers Concernins: the propositions made by the deputies assembled about

the question of o i i j x

the adjournment the maior part of the Court to order the adjornments and desolution

and dissolution of i • o i- r i rrii

the general court of the gcncrall Courts and the making & rcpeahng ot lawes ; 1 lie

till the next elec-
tion. .

PART I.] COLONY OF NEW PLYMOUTH. 91

Governour thinks it not meet thay be put to vote untell the next
Court Election.

That Plymouth have but two deputies as other Tovvnes. Plymouth to have

TIT • two deputies

That any such as are presented by any Towne unto any Majes- only. Repealed.
trate within this Government to bee Survayors or Measurers of Land Oath, to be ad-
& such as are apointed to try & scale measures & all Towne Clarkes town officers.
shall have an oath administred unto them by the said Majestrate. igsg."^'^ ^

That at Courts of Election next after the choise & swearing of At the courts of
Majestraits and other otHcers the generall ocations of the cuntry LTs requirrng^the
wherein Comitties are requisite bee attended except extreordenary cpmm'iu'e'et °1 'be
ocation com in the way. ^'■^' attended to.

•' Ke-enacted in

That if any bee orderly warned to work at the hiewayes & shall 1638.
neglect shall be fined for his said neglect 3* per day & for every Penalty for neg-

1 11 1 -11 -ii- n lecting to \vv.rk at

teame so warned y* shall neglect eight shillings per day & y' the the highway.

Survayors of such Townes wherein such neglect is shall returne

theire names to the next Majestraite y' by warrant the said fines may

bee required by the C unstable of the said Towne for the Townes

use ; and if it so fale out y* in the yeare all the teames & persons in

the same Towne have not been warned unto the work aforesaid y'

thay bee all warned over before thay begin againe.

1650.

Att the Generall Court of freemen holden the fifte of June 1650.

Whereas complaint is justly made y^ due course is not provided
or att least performed and executed for the defraying of such nesse-
sary charges as are expended by the Magestraites of the Govern-
ment in attending att Courts and uppon other pubhck ocations for
the adminestration of Justice.

It is therefore Ordered by the Generall Court assembled, That Fit persons to be

r 1 • I J appointed to col-

lortnwith due care bee had y' the order extant concerning the ex- lect the excise,

111 111/^ t • 1 "''''i authority to

cise bee duely executed, and that fit persons bee appointed to re- distrain the goods
ceive it and in case of neglect of none payment That then forthwith °o pay! ^^ °*^^ ^'^^
uppon such neglect warrants be required and graunted out to des-
traine uppon the goods of such persons as doe neglegt to pay it, and
y^ it bee payed in good and merchantable pay such as may conduce
to the ends aforesaid.

Whereas a comittie was chosen by the Court viz. M'"- Tho. The magistrates
Prence M^- William CoUyare M-"- Tho. Dimacke M-"- James Cud- ^"'^ """P"''"' ""

92 LAWS OF THE [PART I.

be considered as vvorth M""- Josiab Winslowe John Dunham seni. Gore Soule and

one body in the oi i i • r t • •

making of laws, Constant Southworth to consider of the proposition propounded by ■
fore! Re-euact- the Comittees at the last October Court concerning the Major p^ of
the Court to order the ajournments and disolutions of the Generall
Courts and the making and repealling of lawes they the said Com-
ittees declared theire minds to bee That things in respect of the
aforesaid perticular doe rest unalltered as they are.

And yt for the future as formerly in the making and repealing of
lawes and ajornment of Courts wherin Comittees are requeste, the
magestraites and comittees or Deputies be considered together as
one body.

Att the 2^°^^^ session of the generall Court holden at New Plym.
the IQUi of June 1650,

It was ordered That forasmuch as there are risen up amongst us

many scandalus practices which are likely to prove destructive to our

None to establish churches and common peace; That whosoever shall heerfter set up

a new church or

continue an old any churches or publicke meetings diverse from those allreddy set up

one without the , i • i i i i r i

consent of the and approved, without the consent and approbacon or the govern-
Repeaied. Hicnt or shall continew any otherwise set up without concent as afore-

said shalbe suspended from having any voyce in towne meetings and
presented to the next generall Court to receve such punishment as
the Court shall think meet to inflict.

VILLIFYING MINESTRY.

How punished. Further bee it enacted by the audioritie aforsaid, That whoso-

Re-enactcd in i i •

1658. ever shall villine by approbrius tearmes or speeches any church or

minestry or ordinance being heerof lawfully convicted shall forfaite
and pay to the use of the Colonic ten shillings for every default.

PROPHANACON THE LORDS DAY.

Penalty for pro- Further bee it enacted that whosoever shall prophane the Lords
day. day by docing anyservill worke or any such like abusses shall forfeite

1658." ^ ^ '" for every such default tenn shillings or be vvhipte.

WARRANTS AT .JUNE COURT.

The fifth day of It is Ordered That at June Courts all warrants bee directed to warn

tiic vv'Gck lo be

for the trial of ac- persons On the fift day of the weeke to appear for trial of actions.

lions.

The former order The Court liavc by joynt conccut repealled the Court order for-

aboul wampam- , , . .

peage repealed, merly made enjoyning wampampeage to go at six a penny.

PART I.] COLONY OF NEW PLYMOUTH. 93

1651.

Att the generall Court holden at New Plym. for the Jurisdiction
of New P]yni. the sixt of June 1651.

NOT FREQUENTING PUBLIC WORSHIP AND ERECTING OTHER

MEETINGS.

It is ordered That whatsoever person or persons shall neglect the Penalty for ne-

r -1 11-1 I •/-/-< 1 I • I- ^ 1 • glecting- public

irequenting the pubJick worship oi (jod that is according to (jod in worship, or as-
the places wher they live or doe assemble themselves upon any pre- place not ordain^
tence whatsoever in any way contrary to God and the allowance of Re-enacted in
the Government tending to the subversion of Religion and churches edlnies'j'^^'''^^''
or palpable prophanacon of Gods holy ordinances being duely con-
victed ; videlecet every one that is a master or dame of a family or
any other person at theire owne desposing to pay ten shillings for
every such default.

It is ordered That if any in any lazey slothfull or prophane way
doth neglect to come to the publick worshipp of God shall forfeit for
every such default ten shilling? or bee publickly whipte.

It is ordered That twenty pounds p annum bee raised by the Col- June,
lonie for the defraying the charges of the Majestrates Table and other raised for defJay-
such like expences ; (to be paled two p'^s of three in wheat and the chlro-Ts!^""''^''^'
Other third in barley to be paied some time in the month of Novem- '^^^^ '".'f"^® '"

.' i parentheses was

ber annually.) added June lo,

That every Townshipp have libertie to make choise of a person Each town all

ow-

whoni they judge meet provided hee bee a freeman and propose him person fe'"he*o^
to the next generall Court of election ; that out of them the Countrey ll^ fromThose"''
by free election may make choise of such out of them and the old ""'"'"ate^i seven

•^ •/ to be chosen.

assistants as will make up the number of 7 assistants to supply the
place of majestracy or any other of the freeman as they shall think
meet ;

For the regulateing of the Excise it is ordered That the deputies of The excise to be
every Township to set and let it to the best advantage for sum rea- deput'ies.*' ^
sonable consideracon, and to return within a month what they have
done in that respect ; and for whatsoever is behind that it bee required
and paied.

Ordered That all such wolvfes as are killed by the Indians at Na- Bounty to the In-
massaket or elsewhere from the IS^I- of March annually to the last of iluel°' ""'"'"^
Aprell ; the charge of the killing them shall be bourn by the whole

94 LAWS OF THE [PART I.

Collonie ; and that they shall have for every wolfe soe killed a coat of
trading cloth ; and at all other times of the yeare any either English
or Indians that shall kill any wolves each Towne shall beare the
charge of the killing of them wher they are killed.
None to furnish Whereas complaint is made that many under pretence of hiering

Indian servants xi-f ii- r ii -i

witii arms, Indians tor to bee theire servants tor a month or longer time, doe

Re-enacted iu furnish them with guns powder and shott to kill fovvle & deare &c.
It is ordered that whosoever henceforth shall heir or imploy any In-
dian or Indians and furnish them with guns poweder and shott or any
one of them shall forfeit for every such default 40 shillings except they
bee Indians that have been servants for divers years and are in a good
measure civilised and approved of by the Governor and assistants.
Coopers required It Jg ordered, That all Coopers shall make full sized cask barrells

to make full sized /-i i /• m i • i

casks. and hoggsheads for meat and fish ; and that Cask for Tarr bee either

barrells or kilderkins.
Nawsett called It ig ordered That the Towne of Nawsett be henceforth called and

Eastham.

knowne by the name of Eastham.

1652.

June. Ordered by the Court That whereas in regard of age disabillitie of

Freemen allowed , - . . ...

to vote by proxy, body urgent occations and other inconveniencies that doe accrew
sundrey of the freemen are hindered that they cannot appear att
Courts of election in consideration whereof; It is ordered and enact-
ed by the Court that any freemen of this corporacon shall have liber-
tie to send his vote by proxey for the choise of Governor Assistants
Comissioners and Treasurer:

The deputies to It is alsoe further enacted by the Court that the deputies of the

ffivG iiotiCG to the

■freemen in town scvcrall Towncs chosen to attend the Court of election and the sev-

they'maygUe ^'^^ adjournments thereof ; shall in that Town meeting in which they

Re-eiiacteTin ^''® choses they or either of them give notice unto the freemen that

'^^^- those that entend not to make theire personall appearance att the

Courte of election are now to give in their votes sealled upp for the

choise of Governor asistants Comissioners and Treasurer: and the

said Deputies to observe by a list of theire names who hath voted and

who hath not; the which votes soe brought in to be yemediately

sealed upp and brought unto and delivered in open Court by the said

deputies.

Tax on hoards Ordered That whosoever sliall sawe any boards in any place

sawed willioui ... . . . .

the limits of any within this Government that is not in the bounds of any pariiculare

PART I.] COLONY OF NEW PLYMOUTH. 95

Tovvne shall pay to the use of the Government twenty pence for town in the col-
every Thousand to bee payed to the Treasurer for the Countrys iie-enacted in
use and of Timber and plank according to the p'portion answerable.

That all such Caske as are made by any Cooper within this Gov- Coopers to mark

their casks with

ernment shall have the two first letters of his name sett upon such their initials.
Caske hee makes by a burnt marke ; upon penaltie of lose of his igss.
Caske the one halfe to the Countrey the other to the enformer and
this order to bee in force forthwith.

That noe person within this Government shall furnish any Indian No Indian to be

'■ _ ■' supphed with a

with any Caske upon the penaltie of the lose of the price of the cask.

1 /-< 1 1 ic r Re-enacted in

Caske, the one halie to the Countrey the other halle to the enformer. 1658.

That all Coopers within this Government are to make all theire Casks to be made

T 1 I 1-1 1 • according to the

Caske according to London gage upon the like penaltie. London guage.

_,, rn r p i • r /-( i Re-onacted in

That every iowne present a ntt person for serching of Caske igoS.
and packins of fish and meate and to present them to a magistrate to inspector of

I o J o casks and of fish

bee SWOrne. to be appointed

That all corn that is payed in defraying the publicke charges of Re-enacted iii
the Countrey be payed att one prise. Co^^^ ,^ ^e paid

It is ordered by this Court That whereas the purchasers and old ^^ °"<l 1";"=^ ,

•' ^ towards the pub-

comers were graunted formerly two or three Tractes of land for lie charges.
them and their heires as by former acts of Court doe appear which
they never yet for divers causes enjoyed, and som p^<^ of which said
Tractes have been granted to other plantations.

This Court now graunts and gives libertie unto the said Purchas- The first pur-
ers and old comers that all or whosoever amongst tliem will shall [^|fJ^[o ^s"ie°[" 3
have libertie to looke out and make choise of such place or places as IhemGeuiwnd'
they can find within this Government or Jurisdiction not graunted '"^ purchase the

.' ^ same from the

alreddy to any ; provided they exceed not theire former proporcons Indians.
to accommodate them and theire heires withall ; and they have lib-
erty graunted them to purchase the said lands of the natives by the
approbacon of the Court ; and soe many as shalbee thuse accomo-
dated to relinkquish all theire Rights interest and title in the former
specified places made choise of by them, and the rest of the old
comers and purchasers to take up theire particulare proportions of
land within the precintes of the three former specified places ; all
which to bee performed by all the purchasers and old corners within
fourteen, monthes next ensueing this present Court.

And also it is further graunted by this present Court that all those Certain other

. persons to have

as were att the courts graunt of the abovemencioned two or three tiie same hberty.
places Inhabitants allowed and now are freemen shall have the like
libertie to looke out and make choise of some place or places for
themselves and theire heires as may afibrd them a sufficient accoin-

96 LAWS OF THE [PART I.

modacon for iheire comfortable subsistence within fourteen monthes
after that if they can find it.
ladians forbidden It is enacted by this Court that henceforth the Indians within this

to work on the ,.,.., • i i -n i i t j

Lord's day. Jurisdiction bee not permitted to doe any servill worke on the boras

IGSS."^"^'*^ '" day as by fishing fowling planting and earring of burthens &c. and if

any doe after notice given them hereof, they shalbee warned to the

next generall Court by the C unstable of the place where they soe

transgresse.

Acommon stand- That a common standard for measure of corn bee made att Plym.

ard of measure

to be used. videlccet a bushell and halfe bushell a pecke and an halfe pecke by

1G58. a measure belonging to John Barnes which hath ben formerly allowed

to bee the standard by the Court, and that every Towne within this
Government have a standard made by them to try and scale theire
measures by which are to uniforme amongst them and to bee made
round and these to bee provided by the last of November next ; and
to be kept by the seallers of every Towne for the Towne's use.
A sealer of mea- That in every TtDwne within this Jurisdiction there bee one ap-

sures to be ap- . , , , i i /•

pointed in each pointed to tij and scalc measures, and to have lor every measure
tryed and sealed by him iiii^' and onely round measures to bee al-
lowed to buy and sell by ; and the severall townes to choose a fitt
person for each towne for sealer and present him to a Magistrate to
bee sworne.

The magestrates That the courts of Majcstrates and deputies have power as to re-

acd deputies to . . "^ '■ _ .

settle and allow ccivc accounts soc to give allowance to any person in publicke place

accounts for loss .... i i- i • r i i o i

in the public ser- imployed in any publick service lor any losse or dammage &c. hee
Re-enacted in sustaines as they think fitt.

That such fences as are judged sufficient against oxen and cowes
Fences, which are are by this Court allowed sufficient against horses and mares ; and if

sufficient against i i i i • i /i- •

oxen and cows, any horsc beast breake into any corn or grasse over such sumcient

sufficienf^'agahist fcncc the owners of such horses shall pay the dammages proved as

Re'-enactedin '^ ^hey were impounded.

^^^^- That whereas the publicke charges of the collonie are increased

and whereas by Gods providence many whales and other fishes are
cast on shore in many partes of this Jurisdiction out of which the
Court sees reason to require som p'c of the Oyle made of them.

A barrel of oil to This Court now ordereth that of every whale either cast on shore

be paid to the i i r t v

colony for every or bought ot any Indian or Indians or taken on drift att Sea and

found cast on brought to sliorc in any p'c of this Jurisdiction there be one barrel!

^ ^'^^' of inarchantable Oyle payed to the publicke Treasury to the Collo-

nies use to bee raised and payed as followcth, videlecet, every towne

shall pay one barrell of marchantable oyle for every drift whale cast

or brought on shore and seized on within the hberties and precincts

ART I.] COLONY OF NEW PLYMOUTH. 97

of theire severall towneships or traded or bougbt of the Indians with-
in their townshipps ; and the person or persons as first seize or cutt
any whale or shall purchase or trade any such whales of the Indians
that shalbee soe cast on shore in any place within this Jurisdiction ;
out of the bounds of any particulare Tovvnshipp shall pay one bar-
rell of Oyle for every such whale ; and hee or they are heerby au-
thorised to cause all such persons as cutt with him or them to pay
thire equall proportions to him according to what they cutt towards
the said barrell of oyle, and alsoe that there bee one appointed in One appointed in

1 • 1 I m 1 11 • 11 1 P3cli tnvvn lo re-

every townshipp by the J. reasurer to demannd and receive all such ceivetheoil.

oyle as shalbee due and payable to the Treasury, And alsoe that it

shall not lawfull for any person or persons of any townshipp to cutt

themselves or trade with the Indians for any blubber or oyle cast up

or cutt within the precinctes of annother Tow^nshipp, provided that But if the whale

• c 1 1 -r 1 1 f 1 1 1 • • 1 be found adrift at

II any man take a drift whale ot att the sea and brmg or tow it to the sea, &c.. then to
shore, it be accounted his owne goods ; if within an harbour or mile perty°of °hc find
of the shore they bee taken they bee reputed the townships where jggg ^"'^'''^^' '"
they are brought on shore.

1653.

Acts and orders made and concluded att the Court holden att
Plymouth the 9th of June 1653.

It is ordered by the Court, That betwixt this present day and the Every town to

/» m 1 • /-v 1 1 r • 1 • '^ui'c' °"c or more

nrst i usday in October next the townesmen ot every towne within fortifications.
this government shall make and fully finnish a place or places for de-
fence of theire said towne one or more as reason shall require vide-
lecet, a brest worke with flankers unto every such work as shalbee
made ; and in case any p. son or p. sons shall refuse to worke att the
said worke when the major p'^ of the townsmen of such townes where
they live have agreed for the time and mannor and have given notice
therof ; theire names shalbee then returned to the court or counsel]
of warr ; and if any towne shall neglect to performe the worke ac-
cording to this order they shall forfeite the summe of ten pounds to
the use of the country.

That in case two commissioners bee chosen and that through age when the com-
enabillitie for travell sickness or the like they can not appear at the "rcinnoTattcnd',
time and place appointed for diat end ; that then the next in nomina- Uominatiorto '"'
tion shall serve upon order from the Governor. supply their

places.

13

98 LAWS OF THE [PART I.

Public officers lo That the publicke officers wages bee paied in such pay as is mar-
be paid in iiier- ' "^

chautable articles chantable and current countrey pay and not in wampampeag or any
such pay as is not current with the marchants ; And alsoe that all
fines and countrey charges be paied in such pay as above said.

Charg-e for entry That att the time of the entry of every action the charges of that

of actions to be . . °

paid before entry, action DC deu'ayed before tl)e action be entered.

1658. That all such wolves as are killed by any Indian or Indians within

The colony to the government ; the charge tliereof be borne by the whole coun-

pay the bounty * i i i

on wolves paid trey. Added sense att the court June 13th 1654, they are to have

to the Indians.

ten shillings pr wolfe.

Willful lies to be That every person of the age of discretion which is accounted

punished by fine . i i n • •

or setting in the sixtccn ycarcs whoc shall witingly and willingly make or publish any
Re-enacted in lye, which may bee p'nitius to the publicke weale or tending to the
dammage or hurt of any particulare person, or with entent to deceive
and abuse the people with falce newes or reports and the same duely
proved before any one Majestrate whoe hath heerby power graunted
• to heare and determine all offences against this law ; shalbee fined for
every such default ten shillings ; and if the p^'e be unable to pay then
to bee sett in the stockes soe long as the said Majestrate shall appoint
in som open place not exceeding the space of two houres.

1654.

June. Ordered, That every Towne doe provide a booke for the record-

Each town to ,
provide a book ing sucli lands as are possessed by any for which they have not evi-

for the record of i n i i u i • m • r ■ i

lands. dence and all such shall brmge 1 estmiony oi witnesse unto such as

1658." '" the towne shall appoint to take notice of the said evidence which

shall be five in number of the same towne, and what the said five or

any three of them being mett together shall conclude of they shall

cause the towne clarke of the same towne to enter the same into the

Evidence of title, towuo booke abovcsaid and to bee published that if any within the

how preserved. ^ _ "^ _

tearme of two yeare can make better claime shall come in, and in
case none doe by the time prefixed then it may be brought to the
Court Record and entered and soe shalbee reputed suflicient evidence
for the future,
recfclr^r'^clule '^'^^^ Court have ordered that the Treasurer by vertue of his said
the debts due to office shall take order that all debts due to the countrey whether by

the colony to be •' ''

seasonably paid, fine or Otherwise bee seasonably brought in unto such place or places

Re-enacted in , J a i i

1658. as hee shall appoint that soe all dues and debts due unto any person

or p. sons from the countrey may bee seasonably and satisfactoryly

PART I.] COLONY OF NEW PLYMOUTH. 99

defrayed except the publick officers wages which is otherwise pro-
vided for ;

That in case of weaknes or sicknes of any p. son or p. sons in any Licensed retail -

..... , , , 1 ,1 ers may sell win

towne within this gov''ment, and that such as are deputed to drawe to Uic sick.
and sell wine or strong waters have none, it shalbee lawful for any igs'o"^*^^'^ "*
any one that hath any such, that they may sell it for such entents and
purposes as to releave the weak and sicke, notwithstanding any for-
mer order to the contrary provided it bee with the liking and appro-
bation of the majestrate if there bee any in that towne and in case
there bee none that then it bee with the consent of the Cunstable of
the towne.

In regard that divers that were chosen to the office of Cunstable Penalty for refus-
doe not appear to take oath; It is enacted by the Court that any that o"af h o" cons^tabie!
have been this yeare chosen by any towne to serve in the office or i^'^P*^^'*^^ ^^GO.
for the future shalbee and shall refuse to take the oath of the Cunsta-
ble being thereunto required by any one Majestrate shall pay for a
fine fifty shillings.

1655.

Att the generall Court holden at Plymouth the fift of June 1655.

It was enacted That such as shall deney the Scriptures to bee a whoever denies
rule of life shall receive Corporall punishment according to the dis- recei'v"''cor'poral
cretion of the Majestrate soe as it shall not extend to life or limb. Rc'-cnacted in

Wheras there hath been many complaints of want of due maintain- ^^^'^•

^ , . , ■, T • 1 r '^^ minister to

ance oi the minnesters as some have reported ; It is thereiore enact- leave his congre-
ed That noe Pastor or Teacher of any Congregation shall remove pfai'n" has been
before his complaint hath been tendered to the Majestrates and tliey "rati! ^° '^ '"^^^'*'
have heard both sides ;

That upon such complaints if there appears to bee a reall defect in The magistrate
the hearers of the minnesters soe complaining; the Majestrates shall ^o^ilrp°aifo'n 'to
use all gentle meanes to p.suade them to doe theire duty heerin. But R°e-enacfe"nn
if any of them shall not heerby bee reclaimed but shall persist through ^''^^•
plaine obstinacy against an ordinance of God that dien it shalbee in
the power of the Majestrate to use such other meanes as may put
tliem upon theire duty.

It was ordered by the Court That in case any horses cattle or .Tuiy.
hoggs shall trespas upon any and bee by them ympounded if after pmuui.'d''may'be
they are ympounded they remayne four dales after notice given to days'Tio^ceTo'the

own^er.

100 LAWS OF THE [PART I.

Re-ei acted ill the owiiers and bee neither replevied nor agreed for: it shalbee law-
full for such as impound them to make publicke sale of them after
publicke notice given of theire Intention soe to doe and after dam-
mages satisfyed: the remainder to bee returned to the owners.

Sc Itch and Irish That all such Scotes and Irish as are in any Township in this

to liear arms. '' ••

Re puacied in Government shall beare amies and traine as others exceptina; such as

1(J58. r 1 ,

are servants h'om montli to month.

1656.

Att the generall Court holden att New Plymouth the sixt of June
1656.

The deputies to The Court have ordered that henceforth such as are admitted to

propound such as

are to be admit- to bee freemen of this Corporation ; the deputies of such Townes

led frc^iTien.

wher such persons live shall propound them to the Court being such
as have beene alsoe approved by the freemen in that towne wher
such persons live.
None to sell Jt is ordered by the Court that henceforth noe one shall make sale

boats, &c. to ■'

Indians. of any manner of Barques or boates sayles or other ringing to any

Re-enacted in -, v t t • rr r-- , ,• , • '^ , . i

1638. Indian or Indians on paine of forfeiting that which is soe sould and ten

times the value thereof.
Indians living It is Ordered by the Court that all Indians living neare any towne

n?ar anj' town -,.-,..

Jorbidden to of this Jurisdiction shalbe forthwith strictly charged not to make any

make any alarm . , .,.,,,. , . , . ,

by shooting. Alarum HI the night by shooting or otherwise unlesse nessesitated

1658'."^'^ ^ '" thereunto as they will answare it at their p""'" ;

No Indian allow- ^\nd likewise that noe Indian shall discharge any gun on the Lords

G I to discharge _ <j .< ^

a gun on the day att any thinge to the breach of the sabbath and desturbance of

Lord's day. i -t-< i- i i -n • i • -n

Re-enacted in the Ji.nglish ; as they will answare it at their prill.

1G.58 .

No horse to be It is Ordered by the Court that none shall sell any horse or mare

Re-enacted\n^" coult or foale to any Indian or Indians on paine of forfeiting every

^^^^* such horse or mare coult or foale that shalbee soe sold and ten times
the vallue thereof.
July. It was ordered by the Court that whereas the country hath XQr-

due the "0010°! y°' ceived great damage by a defect in the order about the barrell of

cast on shore''' ^^3'^® ^^^ ^°'' ^^ery whalc taken on drift or cast on shore as is expres-

10 be delivered ged Jn the Said order by leakquage of caske or otherwise ; The

at iJoston. J \ Q ^

court have ordered that for the future all such oyle as shalbee due
and payable as aforesaid shalbee delivered alt Boston viz a full bar-
rell of raarchantable oyle for every whale and the fraight therof dis^

PART I.] COLONY OF NEW PLYMOUTH. 101

charged by those that deliver it : the said oyle to bee delivered att
Boston to such as the Treasurer shall appoint from yeare to year and
a receipt taken from such as to vvhome it is delivered shalbee a dis-
charge to those that fleliver it.

Wheras complaint is made that some have brought cards into Penalty for play-

£• 1 • • • !• • ing al cards.

some of the tovvnes ot this jurisdiction whereby sundry young Re enacted in
p. sons mens both children and servants have ben dravvne together to
spend their time in playing at such unlawfull games to the corrup-
ting of youth with sundry other sadd consequences that may follow
by the p.mision of such practises. The Court have ordered that
whosoever shall bring into this jurisdiction or keep in his house any
cards for such purposes as abovesaid or shall suffer any to play att
Cards or dice att any time or his house or where bee hath to doe
or any that shalbee acters in playing att such unlawfull games shalbee
fined the sume of forty shillings ; and for such as are servants or
children that shall play att Cards or dice for the first offence to bee
corrected att the discretion of theire parents or masters and for the
second offence to be publickly whipt ;

It is enacted by the Court that any one that for the future shall be Two witnesses
presented to the court for any fact on the Testimony of one witnesse cu'^e'convktion'
although upon oath shall not bee for the same condemned without a Jess."^'^^^'^ '"
second witnesse or concurring cercomstances.

It was ordered by the Court that it shalbee in the liberty of the Tiie treasurer
Treasurer when a month is past after judgment, by warrant to re- Tt^ln wWm ^ne^~
quire in any fine as he shall see reason. klXme^nu"^

Re-enacted in
.. — 1638.

1657.

Att the generall Court of election holden at Plymouth the third
of June, anno 1657.

Wheras this Generall Court taking into theire seriouse Considera- Four persons to
tion the great defect that either is or like to bee in yc severall Town- each lown'^to as"
shipes in this jurisdiction for want of an able Godly Teachins; Min- sess taxes for the

i- J JO support ot the

nestry and the great preiedice to the soules of many like to ensue : ministry .unless—

. . '^ •' , . •' Re-enacted in

and being desirouse according to our duties that such defects should 1658.
not bee for want of due Incurragment to such as either are or
shalbee imployed in soe good a worke of the Lord for his honner
and the good of soules. And in consideration that in asmuch as the
severall Townshipes graunted by the Government ; was that such a
Companie might bee received as should maintaine the publicke wor-

102 LAWS OF THE [PART I.

shipe and service of God there doe therefore judge that the whole
body Church and towne are mutually ingaged to support the same ;
And therefore order and agree, That in whatsoever Towneship
there is or shalbee an able Godly Teaching Minister which is ap-
proved by this Government that then four men be chosen by the In-
habitants or in case of theire neglect chosen by any three or more
of the Majestrates to make an equall and just proportion upon the
estates of the Inhabitants according to their abillities to make up such
a convenient maintainance for his comfortable attendance on his
worke as shalbee agreed upon by the Church in each township
where any is with the concurrrnce of the rest of the Inabitants if it
may be had or by the Majistrates aforesaid incase of their apparent
neglect and that destresse, according as in other just cases provided,
bee made upon such as refuse to pay such theire proportions which
is in justice due. But in case there bee any other way wherby any
township doe or shall agree that may eiFect the end aforesaid this law
not to be binding to them.
Constable may Ordered by this Court That all fines under forty shillings that shall
mote towns for fall in any of the remote Townes of this GoVment shalbee levied
shillings. ^' by the Cunstable of that Towne by warrant from the Treasurer
Re_-enacied in ^^1^1,^^^ sending the Marshall.

Military compa- It is Ordered by the Court That the Milletary companie of every
arms°by"cfu?sT Township in this government shall bring their armes by course every
every Lord's Lords day to the meeting viz. that the fourth p^^ of every such com-
panie shall bring theire armes as aforsaid with powder and bullett to
'' improve if occation shall require, and whosoever shall neglect to

carry his armes as aforesaid shalbee fined twelve pence for every
default, to be levied by the Cun. of the towne for the companies
use ; and the time of earring of armes to begine on the first of Aprill
untill the last of November annually.
All who do not The Court have ordered, That all such as reside within this Gov-

take the oath of

fidelity, to leave emmcnt that are att theire owne despose and have not taken the oath
of fidelitie shall have notice given them by the deputies of the severall

Re-enacted in Townes that they are to repalre unto some one of the Majestrates

pealed in IGGL of this .Jurisdiction betwixt the date heereof and the Court to be
holden att Plymouth the first Tuesday in October next, and in case
after the time prefixed any shall refuse to take the said oath for the
space of six monthes after shall either depart the Government or pay
a fine of five pounds.

Penalty for It is Ordered by the Court ; That in case any shall bring in any

bringing a qua- , , . i • • • i i i i

ker or other her- quakcr rautor or Other notoriouse heritiques either by land or water
ony. into any p^c of this Government shall forthwith upon order from any

PART I.] COLONY OF NEW PLYMOUTH. 103

one Majestrate returne them to the place from whence they came
or clear the Gov''ment of tliem on tlie penahie of paying a fine of
twenty shillinges for every weeke that they shall stay in the Gov-
ernment after warninge.

The Court doe recommend unto the severall Townes in this Ju- Persons keeping

• V • 1 I • • r • 1 • 1 /■ 1 ^ military horse

risdiction by theire comittees, as that which is worthy of theire Con- to be free from

.,.,.. , f ... all other military

sideration ; that it is necessary to trayne up some horses lor milletary duty.

service ; viz. That in each Towne every one that keepeth three

mares for every three mares that hee keepeth hee should keep a

horse for the use aforsaid with furniture suitable ; w^^'^ in case they

should soe doe they should be freed from all milletary service as

training and watching and such like ;

It is enacted by the Court and the authoritie therof that hensforth March.

, ,• I -1 • I • 1 • /-I 1 No public meet-

noe publicke meetings bee set up within this GoVment but such as ings to be set up

^1 /-, , 1 11 c without leave of

the Court shall approve ol. Court.

Whereas there hath severall persons come into this Gov'"ment comon- less."^*^*^ '°
ly called Quakers whose doctrine and practices manifestly tends to the Penalty for enter-
subversion of the foundamentalls of Christian Religion Church order &c".'"^ "^ ^"'
and the civill peace of this Govi'ment as appeers by the Testemonies igs's"^'^^^^ '"
given in sundry depositions and otherwise ; It is therefore enacted by
the Court and the authoritie therof that noe Quaker or person com-
only soe called be entertained by any person or persons within this
Govment under the penaltie of five pounds for every such default,
or bee whipt ; and in case any one shall entertaine any such person
ignorantly if he shall testify on his oath that hee knew not them to be
such hee shall bee freed of the aforesaid penaltie, provided he upon
his first discerneing them to bee such doe discouver them to the con-
stable or his deputie. It is alsoe enacted by this Court and the author-
itie therof that if any rantor or quaker or person comonly soe called
shall come into any towne within this Govraent and by any person
or persons bee knowne or suspected to bee sush the person soe
knowing or suspecting him shall forthwith acquaint the Cuntstable or
his deputie of them on paine of presentment and so liable to censure
in Court who forthwith on such notice of them or any other Intele-
gence hee shall have of them shall diliigenily endeavour to apprehend
him or them and bring them before some one of the majestrates whoe To be put in
shall cause him or them to be comitted to Goale there to be kept
close prisoners with such victualls onely as the Court aloweth untill
hee or they shall defray the charge both of theire imprisonment and
theire transportation away ; together with an Ingagement to returne
into this Govment noe more or else to be continewed in close durance
till further order from the Court ; And for as much as the meetings

1Q4 LAWS OF THE COLONY OF NEW PLYMOUTH. [PART I.

of such p. sons whether strangers or others proveth desturbing to the
No meetings of peace of this GoVment. It is therefore enacted by the Court and
held, &c. the auihoritie therof That henceforth noe such meetings bee assem-

bled or kept by any p. son in any place within this Gov^ment under the
penaltie of forty shillings a time for every speaker and ten shillings a
time for every hearer that are heads of families and forty shillings a
time for the owner of the place that pmits them soe to meete together;
The clause in [and if they meet together alt theire silent meetings soe called then each
p. son soe meeting together shall pay ten shillings a time and the owner
of the place shall pay forty shillings a time.)

PART II.

THE

GENERAL LAWS

REVISED AND PUBLISHED

SEPTEMBER 29, 1G5S.

THE BOOKE OF THE GENERALL LA WES AND LIBERTIES OF THE IN-
HABITANTS OF THE JURISDICTION OF NEW PLYMOUTH COLLECTED
OUT OF THE RECORDS OF THE GENARALL COURT, AND LATELY
REVISED AND ESTABLISHED AND DEPOSED INTO AN APHABETI-
CALL ORDER AND PUBLISHED BY THE AUTHORITIE OF THE GENE-
RALL COURT HELD AT NEW PLYMOUTH THE 29th DAY OF SEPTEM-
BER ANNO 1G58.

Bee subject to every Ordinance of Man for the Lords sake.
1 Peter 2cond 13th.

14

106 LAWS OF THE [PART II.

ADDRESS.

To our Beloved Brethren and Neighbours, the Inhabitants of the
Jurisdiction of New-Plymouth ; The Governour, Assistants, and
Deputies Assembled att the General Court of that Jurisdiction, held
att the Towne of Plymouth, the 29th of September 165S, wisheth
Grace and peace in our Lord Jesus Christ.

It was the great priviledge of Israeli of old, and soe was acknow-
ledged by them, Nehemiah the 9ih and 13. That God gave them
right judgements and true Lawes ; for God being the God of Order,
and not of Confusion hath comaunded in his word, and put man into
a capacitie in some measure to observe and bee guided by good and
wholesome Lawes ; which are soe fare good and wholsome, as by
how much they are derived from and agreeable to the ancient Plat-
forme of Gods Lawe ; for although sundry particulares in the Judi-
cial! law^ which vv'as of old enjoyed to the Jews, did more espetially
(att least in some Circumstances) befitt theire Pedagogye, yet are
they for the mayne soe exemplary, being grounded on Principles of
Morall Equitie, as that all men Christians espetially, ought alwaies to
have an eye therunto, in the framing of theire Politique Constitutions ;
And although several of the Heathen Nations whoe were ignorant of
the time God and of his Lawe, have bine famous in theire times, for
the Enacting and Execution of such Lawse as have proved profitable
for the Government of theire Comon-wealthes in the times wherein
they lived ; Notwithstanding theire excelency appeered soe fare as
they were founded upon grounds of Morall Equitie, which hath its
Originall from the Law of God. And accordingly wee whoe have
bine Actors in the framing of this smale body of the Lawes, together
with other useful Instruments whoe are gone to theire rest, can
safely say both for our selves and them, that wee have had, an eye
primarily and principally unto the aforsaid Plalforme ; and 2''"'"'aryly,
unto the right improvement of the liberties granted unto us, by our
Superiors the State of England att the first begining of this infant Plan-
tation ; which was to Enact such Lawes as should most befitt a State
in the Non-age thereof ; not rejecting or omitting to observe such of
the Lawes of our Native Countiey, as would conduce unto the good
and growth of so weake a begining as ours in this wilderness, as any
impartial) eye not fore-staled with prejudice, may ezely discern in the

PART II.] COLONY OF NEW PLYMOUTH. 107

pruresall of this smale Book of the lawes of our Collonie ; the prem-
ises duely considered, might work every consienciouse sperit to
faithfull Obedience : And although wee hold and doe afeirme that both
Courts of Justice and Magistrates, whoe are tlie minnesters of the
Lawe are essentially Civill ; notwithstanding wee conceive, that as
the Magistrate hath his power from God, soe undoubtedly hee is to
improve it for the honer of God, and that in the uphoalding of his
worship and service, and against the contrary, with due respect also
to bee had unto those that are really consienyous, though differing
and decenting in som smaller matters ; But if any really or in pre-
tence of conscience shall professe that which eminently tendeth to
the Inundation of Civell State, and violation of naturall Bonds, or the
overthrow of the Churches of God or of his Worship, that beer
prudence is to bee improved in the Enacting and Execution of lawes.
It hath bine our Indeaver in the framing of our lawes, that nothing
should bee found amongst them, but what will fall under the same par-
ticulares, wee have likewise reduced them to such order, as they may
most conduce to our utilitie, and profit ; possibly it may bee that
weakness may appeer in the composure of sundry of them for want
of such plenty of able Instruments as others are furnished withall :
However lett this suffice the gentle Reader that our ends are, to the
utmost of our power in these our Indeavours, to promote the comon
good both of church and State, both att pesent and for future ; and
therfore so fare as we have aimed att the Glory of God ; and com-
mon good, and acted according to God ; Bee not found a Resister
but Obedient, lest therby thou resist the Ordinance of God, and soe
incurr the displeasure of God unto Damnation. Rom. 13. 2.
By order of the General Court

NATHANEEL MORTON Clarke.

1658.

Wee the Associates of New Plymouth coming hither as freeborne No act or ordi-
subjects of the state of England indowed with all and singulare the without' tiie"con^
privilidges belonging to such being assembled doe ordaine constitute of Associafes"''^
and enacte that noe acte imposition law or ordinance bee made or ^°^' ^^•^'^^
imposed upon us att pesent or to come but such as shalbee made and
imposed by consent of the body of the Associates or theire Repre-
sentatives legally assembled, which is according to the free libertie of
the State of England.

108 LAWS or THE [part II.

Court of Election Whereas by the first Associates of this Government the Courts

in June annually ^ -p-i • i t i • i i r t a n i r

—other courts m 01 JirJectioH wcrc held ui the month oi January Annually and alter-
March Wards in the month of March annually ; By reason of the unseason-

ableness of those times of the yeare ; It is enacted by the Court and
the Authoritie thereof That the Election Courts bee holden the first
Tusday in June Annually : And the other Generall Courts bee
holden the first Tusday in October and the first Tusday in March
Annually ; and that the Courts of Assistants bee holden the first
Tusday in August the first Tusday in December the first Tusday in
Febrewary and the first Tusday in May Annually.
Persons to be jj jg enacted by the Court and the Authoritie thereof that all such

admitted freemen "^

to be first pro- as shalbcc admitted freemen of this Corporation shall stand one

pounded one i /^ •

year. whole yeare propounded to the Court viz to be propounded att one

June Court and to stand soe propounded untill the June Court
following and then to bee admited if the Court shall not see cause to
the Contrary.

Wheras divers actes and orders touching the making and repealing
of lawes att June Courts and the adjournments therof is rendered
with a dubious Interpretation ; and this Court haveing by proposi-
tions to the freemen of the severall Townships desired theire an-
swares in order to the regulating therof but not receiving any an-
sware from sundry of them have seen cause to declare theire owne

Deputies to be sence therof and therfore doe enact That fitt and able persons bee

chosen annually, r ^ r i t /-^

who with the annually chosen out oi the ireemen to attend J une Courts and the
mai^e and *repe\i scvcrall adjournments therof by the approved Inhabitants quallified
aws, except— ^^ .^^ ^^^j_^ ^^^^ j^ provided of this Jurisdiction in theire respective
townshipps for deputies unto whom with the niajestrates as the body
representative is comited full power for the making and repealing of
all lawes as upon theire seriouse considerations they shall find meet
for the publicke weale of this Jurisdiction and that then onely such
lawes bee enacted or repealed except the Cover, for the time being
shall see waighty and necessary cause by the complaint of the free-
men or otherwise to call a speciall Court either of the whole body
of the freemen or theire deputies ; the freemen of this Jurisdiction
The freemen being left to theire liberties to send theire voate by proxey for
proxy." ^ ^^ the choise of Gov^ Assistants Comissioners and Treasurer in such
way as by order of Court is alreddy provided, and this order to stand
in full force till the whole body of freemen shall take further order
therin ; It is alsoe further provided that upon notice given in an
orderly way to the Gov'' by the major p"^ of the freemen of this Ju-
risdiction of theire apprehensions of a ncssesitie of the body of free-
men to come together ; then the Gov"" for the time being shall take

as coroner in cer-
cases.

PART II.] COLONY OF NEW PLYMOUTH. 109

the first opportunitie to summon in the body of freemen to advise
and acte ther as the matter shall require.

It is enacted by the Court that att Courts of election the voates of J''^ votes of the

•' freemen present

all the freemen present bee first read and next after them the depu- 'o i^e first read,
ties of the severall townes shall orderly p''sent the proxy of theire
owne Towne.

It is enacted by the Court and the Authoritie therof that other Other public offi-

, ,. „ 1 • 1 i^ ^ 1 A • 1 I 1 1 ccrs besides Gov-

public omcers besides (jov"^- and Assistants bee chosen and estab- emor and Assis-
hshed att the Court in June Annually viz. Comissioners and Treas- at'juneCourt.^*^"
urer ; and that other inferior ofiicers ; as Cunstables grandjurymen
and Surveyors for the highwaies bee then alsoe confeirmed if ap-
proved by the Court.

It is enacted by the Court and the Authoritie therof that in case Magistrate to act
there shalbee occasion for a Corroner that the next Majestrate where ^ain
such accedent falls shall sitt as Corrowner and execute that office ^

according to Custome of England as near as may bee.

THE OATH OF THE CLARKE OF THE COURT.

You shall faithfully serve in the office of the Clarke of the Court
for the Jurisdiction of New Plymouth You shall attend the Generall
Courts held for this Goverment att Plymouth aforesaid and the sev-
erall adjournments therof; and the Courts of Assistants and there
imploy youerselfe in such occations as are behoofull to youer said
place and office you shall likewise attend such other meetings of the
majestrates of like nature as above expressed that shall or may fall out
in the Interims of time betwixt the said Courts You shall not disclose
but keep secult such thinges as concerne the publicke good and shalbee
thought meat to bee concealed by the Gov''- and Councell of Assist-
ants You shall faithfully record all such thinges as you shall have or-
der from authoritie to comitte to Publicke Record and shall faithfully
keepe the publicke Records of this Jurisdiction Soe healp you God
who is the God of truth and the punisher of falshood.

The fees of the clarke of the court allowed and agreed upon by Fees,
the court.
Impr. for every Recognizance of the peace ii* the take- ^ *• ^'•

ing and ii* the releasing ----- 00. 04. 00.
To the Cryer foure pence
For a Recognizance for the good behavior 4* takeing

and 4* the releasing

To the Cryer 8^- 00. 08. 00.

For a warrant of the peace or any other graunted by the

Court - - - - - - - - 00. 02. 00

01.

06.

00.

06

02.

06.

00.

06.

110 LAWS OF THE [PART II.

Fees. For a warrant of the good behaviour - _ - OO. 04. 00

For a coppy of an order ----- oo. 02. 00

For an Inditement 00. 02. 00.

For a Replevin, 00. 02. 00

For entering of an action ----- 00. 00. 06.

For a declaration -------

For a warrrant to summon a jury - - - - 00. 00. 06.

For an answare -------

For recording the verdict ----- 00.

For an ordinary warrant from the Gov""- - - - 00.

For recording a bargaine or giuft of house or lands - 00.
For entering a bargaine of beasts or cattle - - 00.

For entering and drawing a coppy of an evidence of

land graunted by the Court 00. 05. 00

For regestring a will 00. 02. 06

For regestring the Inventory ----- 00. 02. 06.
For a Suppena for Witnesses ----- 00. 00. 06
For entering a graunt of lands by the Court of Assis-
tants. - • 00. 01. 00

For a serch of an order will &c. - - - - 00. 00. 04.

For a coppy of a Will 00.01.00.

For a coppy of an Inventory - - - - -00. 01. 00

For entering a freeman ------ 09. 00. 06.

For recording of a marriage ----- 00. 00. 06

For recording of Contracts for servants - - - 00. 00. 04.
For making an execution. _ - _ . -00. 01. 06.

THE OFFICE AND OATH OF THE CHEIFE MARSHALL.

You shalbe reddy to attend the Generall Courts and theire severall
adjournments and the Courts of Assistants and alsoe the Court of
Comissioners when they meet in this Goverment and the Gov'ts
pson especially att those Courts You shall faithfully with what speed
you may collect and gather all such fines and sumes of money you
shall have warrant soe to do by the Gov"" or any of his Assistants ;
and shall widi like dilligence levy the goods of any p'son for which
you shall have warrant soe to doe by any execution graunted by the
Court and that the same soe collected or levied you shall with all
convenient speed deliver into the Treasurer or the persons to whom
the same shall belonge and shall serve all attachments directed to you
which shall come to youer hands and shall performe doe and execute
all such lawful! Commands directions and warrants as by lavvfull au-
thorilie heer established shalbee comitted to youer care and charge

PART II.] COLONY OF NEW PLYMOUTH. HI

without favor or p.ciallitie to any person and shall take only youer
ordinary fees allowed without exaction upon any person : and shall
safely keep as head Marshall all such persons as shalbee comitted to
youer Custitie by the Government Gov'' or any of his Assistants soe
healp you God &c.

Moreover it is enacted by the Court that the cheife marshal! have The chief mar-

. ,, . , . . . , , . - shal may require

full power in case hee see occation to require aid and assistance oi aid.
any to assist him in the execution of his office; and the adminneslra-
tion of his s'^ office shall extend to all places within the lymetts of
this Government &c.

The cheife inarshall is allowed twenty make p annum for his wages Salary of chief
besides his ordinary fees allowed by the Court. 1646.

The fees of the Cheife Marshall allowed by the Court. Fees.

£. s. d.
It. for serving of an execution - - - - OO. 05. 00.
It. for his journey about it 2^ p mile - - - 00. 00. 00.
It. for serveing an attachment - - • _ oO. 02. 06.

It. for a Comitment 00. 02. 06

It. for Imprisonment 2^ 6^' per day - - - oO. 00. 00
It. for every action that is entered . _ _ oO. 00. 06
It. the one halfe of all fines not exceeding - - 00. 06. 00

It is enacted by the Court that the Cheife Marshall shall have two
shillings in the pound for gathering of fines &:c. if they bee not brought
in by the p'ties themselves.

THE OFFICE AND OATH OF THE UNDER MARSHAL.

You shalbee ready to attend the Generall Courts and Courts of
Assistants and doe such service as shalbee comaunded you by the
Gov"" or any of his Assistants and shall reddily execute and inflict
all such Censures and punishments as by anthoritie of this pi'sent
Gov''ment shalbee adjudged to be inflicted upon any delinquent and
offenders according to the nature of all such warrants and mandates
as shalbee directed to you without favor or p.ciallitie to any person
and shall faithfully and safely as under keeper or under Marshall keep
all such delinquents Malfactors and fellons as shalbe comitted unto
you and shall take onely youer ordinary fees allowed without exac-
tion upon any soe healp &c.

The under Marshall is alowed twenty nobles p. annum besides his Salary of the un-

r. , 111/^ der marshal.

lees alowed by the Court. 1632.

It is enacted by the Court that the publicke officers wages shalbee Wages of public

• , • /~, officers to be paid

paid in Corn, in corn.

112 LAWS OF THE [PART II.

Corn to be paid It is enacted by the Court that all Corne that shall be paled in de-
fraying the publicke charges of the Countrey shalbee paid att one cur-
rent prise.
Fees of under It is enacted by the Court that henceforth whatsoever Centences

Repealed June, or Censures shall fall out to bee inflicted by the under Marshall hee

1659

shalbee paied by the Countrey for the same ; and hee shall have but
one shilling and sixpence a day for every prisoner he hath in his Cus-
titie attany time if hee have more than one att a time ; but in case hee
have but one att a time in his Cuslitiehee is alowed two shillings and
six pence a day.
Governor and It is enacted by the Court that it shall be lavvfuU for the Gov'' or

Assistants may . . , , , i • i i •

impress men to assistants to prcssc any either tradsnien or others to bee imployed in
pubUc^works."" the behalfe and for the use of the Countrey as to provide or repaire

prisons stockes whipping posts or other Instruments of Justice and

all such to be payed with current Countrey pay.
What are the re- It is enacted by the Court that all fines under forty shillinges that
1657." shall fall in any of the remote townes of this Govment shalbee leav-

ied by the Cunstable of the towne by warrant from the Treasurer

which remote townes are explained by the Court to be Taunton Re-

hoboth Eastham and Bridgwater.
The court may jj jg enactcd b}'^ the Court and the authoritie thereof That wheras

reject unfit mem- ■'

bers and direct the number of freemen in many places is but small and the Inhabitants

the towns to make

a new choice. of the townshipes many more who have equale voates with the free-
men in choise of deputies whoe being the body of freemen represen-
tative together with the Majestrates have equale voates for the enact-
ing of lawes whoe by weaknes prejudice or otherwise it hath or may
come to passe that very unfitt and unworthy persons may be chosen
that cannot answere the Courts trust in such a place ; That all such
Courts as Majestrates and deputies are to acte in making of lawes and
being assembled the Court in the first place take notice of theire
members and if they find any unfiit for such a trust that they and the
reason thereof bee returned to the towne from whence they were sent
that they may make choise of more fitt and able p. sons to send in
theire stead as the lime will pmit.

No actions to be Whereas the Courts held in June annually are usually full of much

tried at June _ .

Courts. busines soe as the Court cannot then convenient attend the tryall of

Repealed Jui^c

14, 1660. actions It is enacted by the Court that it shalbee lawfull for any to

comence a suite for the triall of a cause of any vallue betwixt p'tie
and p'tie att the Court of Assistants held in May annually and that
noe action shall hensforth be tryed att June Courts.

It is enacted by the Court diat if a stranger or forraigner have any
occation to comence a suite alt any time betwixt the Courls for the

PART II.] COLONY OF NEW PLYMOUTH. 113

triall of any cause of a considerable valine ; bee batb libertie to pur- A foreigner may

... purchase a court,

cbase a Court for sucb a purpose if bee sball put in Cecuritie to if he gi\c secu-
defray tbe cbarge, and tbat tbere sball not bee lesse tben tbree of tbe
Majestrates att every sucb Court.

It is enacted by tbe Court and tbe Autboritie tberof tbat whoso- Adultery, liow

•' ... puiiishen.

ever sball comitt Adultery sbalbee severely punisbed by wbiping two 1G3G.

severall times ; viz one wbiles tbe Court is in being att wbicb tbey
are convicted of the fact, and tbe 2'"o"'' time as the Court sbal order ;
and likewise to weare two Capitall letters viz. A D. cut out in
cloth and sowed on ibeire uper most Garments on theire arme or
backe ; and if att any time tbey sbalbee taken widiout the said letters
whiles they are in tbe Gov''ment soe worn to bee forth with taken
and publickly whipt.

It is enacted by the Court tliat wheras many have sustained sreat Firing of woods,

. ^ &c.

damage by the Indiscreet fiering of the woods though justly occa- 1G3G, 1G33.

tioned therunto that none shall fier tbe woods att any time but they

sball give warning therof to the naigbbours about them, and the time

of fiering of them to bee from tbe fifteenth of Febrewary to the latter

end of Aprill ; alsoe that if any person att any time shall fier any the

woods and bath noe just occation soe to doe bee sbalbee fined ten

shilling to tbe use of the Gov'ment or bee whipt.

Wheras complaint is made of great abuses in sundry places of this Penalty for trav-
Gov^ment of prophaning tbe Lords day by travellers both horse and Lord's day.
foot by bearing of burdens carrying of packes &c. upon the Lords
day to tbe great offence of tbe Godly welafected among us. It is
therfore enacted by the Court and tbe autboritie therof that if any
pson or psons sbalbee found transgressing in any of the precincts of
any towneship within this GoVment hee or tbey sbalbee forthwith
apprehended by the Cunstable of such a towne and fined twenty
shillings to the Collonies use or else sit in the stockes foure houres
except they can give a sufficient reason for theire soe doeing, and
they that transgresse in any of the abovesaid pnrticulares sball onely
bee apprehended on the Lords day and on tbe 2'^°"'^ day following
sball either pay theire fine or sitt in tbe stockes as aforesaid.

It is enacted by tbe Court and the Autboritie therof That noe No quaker to be

r^ ^ -r, , 1 11 1 ■ 1 1 admitted a free-

(^uaker Kantor or any such corrupt pson sbalbee admitted to bee a man.
freeman of this Corporation.

It is enacted by the Court and tbe audioritie therof tbat all such as Those who op-

c , , 111 1 r 1 • /^ 11 • pose the laws, or

are opposers oi tbe good and wholsome lawes of this Collonie or refuse to serve
manifest opposers of tbe true worship of God or sucb as refuse to Jo'beTcrmmcd"*
doe the Country service being called therunto, shall not bee admit- '"''cemen.
15

114 LAWS OF THE [PART II.

ted freemen of this Corporation ; being duely convicted of all or any
of these.
Quakers, &c. to Jt jg enacted by the Court and the authoritie thereof that if

lose tlieir nee- "^

dom. any person or persons that are or shalbee freemen of this Corpo-

ration that are Quakers or such as are manifest Incurragers of
them and soe judged by the Court or such as shall contemptuously
speake of the Court or of the lawes thereof and such as are judged
by the Court grossly scandalouse as lyers drunkeards swearers &c.
shall lose theire freedome of this Corporation.

Those who re- It is enacted by the Court that all such as refuse to take the oath

fuse to take the ^ "^

oath of fidehty of fidclitic as Quakers or such as are manifest encorragers of them

as quakers, &c. . . r it i /y • i

not to vote. shall have noe voat m the choise oi publicke officers in the place
wher they dwell or shalbee imployed in any place of trust while they
continue such.

THE ORDER OF COURT CONCERNING THE COUNCEL OF WARR.

In regard of the many appearances of danger towards the Coun-
trey by Enimies and the great nessessitie of Councell and advise in
which respect the Court thought meet to make choise of a Coun-

The Council of sell of waiT Consisting of eleven psons whose names are elswhere
extant in the Records of the Court which said eleven being orderly
called together theire acte to be accounted in force and they to bee

III 1659 the court continewcd in theire places untill others bee elected to bee orderly

declared a call . i i , i i • i •

from the Govern- Called together IS ment being sumoned by the p'"sedent or his deputie

or or Major to be . r ^ • i • /• i /-i n r

within the mean- or in case 01 theu'c absence any two majestrates oi the Councell ot

inff of the order, -ttt-

" VV arr.

May issue war- That the Councell of warr shall have power to issue out warrants
' ' in his Ma'i'^s name to prcsse such a number of men &- horses in every

towne as by proportion the said towne is to sett forth and alsoe to
issue forth warrants to the said townes for amies and provision and
all things nessesary for them and what charges shall arise to bee lev-
ied on each town proportionably as other publick rates and to give
comission to any cheife Officer under theire charge either in time of
peace or warr.

THE PROCEEDEING OF THE COUNCELL OF W'ARR IN THE CONSTI-
TUTEING AND COMISSIONATING OF A MAJOR.

Commission of The Councell of warr being assembled doe lieerby constitute im-
^^^°^' power and Comissionate you our Trusty and welbeloved frind J W.

to bee as cheife Officer over the milletary Companies of this Juris-
diction bearing the tide of a Major and to act therein as is provided
by order of Court anexed to youer office according to such Instruc-

PART n.] COLONY OF NEW PLYMOUTH. 115

tions as you have or shall from time to time receive from the Councell
of vvarr in psuance whereof all Captaines Inferior officers and soul-
diers are heerby required to be in Reddy subjection to you during
your continuance in the said Office which shalbee untill the Councell
of warr shall see cause otherwise to order ;

Given under our hand and Scale.
T P President with the Consent of the rest of the Councell of Warr.

Enacted that every towne that shalbee defective in the want of a Penalty for a

, c r town to be witli-

drum att any time for the space of two monthes shall forfeit the sume out a drum.
of forty shillings to the Collonies use that shalbe defective in Coul-
bers the space of six monthes four pounds.

That every Towne provide halberts for dieire Serjeants of theire Every town to

■ y, f-^ . provide halberts.

milietary Companie ;

That a considerable Companie of half pikes be provided in every a company of
towne att the charge of the township viz: where 80 men are able to providecUn every
beare armes there twenty to bee provided and soe proportionable to '°"^^'
theire number bee they greater or lesser ;

THE OATH OF A CLARKE OF A MILLETARY COMPANIE.

You shall faithfully serve in the office of a Clarke of the Milietary
Companie of &c. for this p''sent yeare during which time you shall
dillegently attend such sett times of training as youer officers shall
appoint you shall keep an exact list of the names of youer whole
Companie and take notice of all such defects as shall arise by the
breach of any wholesome order or orders made by the said Compa-
nie and gather in all such fines as belonge thereunto and give a just
account therof to the Companie or such as diey shall appoint: Soe
healp you God &c.

Enacted that such as are chosen Clarke of any Milietary Companie penalty for de-
shalbee sworne and any that shall refuse to serve as Clarke for one *^''"'"& t° ^^•'V,®

J as clerK ot a mil-

yeare being chosen, shalbee fined twenty shillings; and he that is 'lary company.
next chosen and serves to have the said sume ;

It is enacted by the Court and the authoritie thereof that a fourth A fourth part of

r 1 Afii r^ • • 1 • T • 1- • I II T 1 each military

part oi each Milietary Companie in this Jurisdiction shall every Lords company to carry

d, . , 1 I- I • • I m 1 • their arms to

ay carry tlieire armes to the publicke meeting in the iownship meeting on the

where they dwell viz: some serviceable peece and sword and three *^'*^ * ^^'

charges of powder and bullets on paine of the forfeiture of 2 sliillings

and six pence for each daies neglect ; and Uiis to bee observed from

the first of March to the last of November yearly: these defects to

bee gathered by the Milietary Clarke and the Cunstable to the use of

the Companie. It is furtlier enacted by the Court that the cheife

116 LAWS OF THE [PART II.

Milletary Comander in each towne shall lake care that a list bee
drawne and sett up in the meeting house by which every man may
know to what Squadron he belonges and when he is to carry amies
and alsoe to appoint some over every Squadron to take notice and
give an account of the severall defects on the penaltie of the forfeiture
of five pounds to the Countreys use for such neglect; and that this
order take place and begine from the seaventeenth of this Instant
October 1658 except men bee sick or abroad and have none att horn
to carry theire armes.
Troop of horse, It is enacted by the Court and the aulhoritie therof that a troop of
horse well appointed with furniture viz a Saddle and a case of Pet-
ternells for every horse shalbee raised out of the severall Townshipps
to bee reddy for service when required and maintained for that pur-
pose to bee raised as followeth viz.

Plymouth - - - 3

Yarmouth

- 3

Duxborrow - - 3

Barnstable

3

Scittuate - - - 4

INIarshfield

- 3

Sandwich - - 3

Rehoboth

4

Taunton - - - 3

Eastham

- 3

Bridgwater

1

In all thirty and there and that all

such shalbee

freed from foot ser

To be free from
foot service.

vice and from watching & warding and theire horses rate free ; and
to bee reddy by June next ensueing the date heerof on the penaltie
of the forfeiture of ten pounds for every towne that shall neglect.

THE OATH TO BEE ADMINISTRED TO A TOWNE CLARKE IS AS

FOLLOWETH.

You shall faithfully serve in the office of a towne Clarke in the
towne of for this present yeare and soe long as by mutuall con-
sent the town and you shall agree ; during which time you shall care-
fully and faithfully keep all such Records as you shalbee Intrusted
1654. withall and shall I'ecord all towne actes and orders and shall enter all
towne graunts and Convayances. You shall record all birthes marri-
ages and burialls that shalbee brought unto you within youer towne
and shall publish all Contracts of marriages you shalbee required to
doe according to order of Court bearing date the twentieth day of
October 1646 Soe healp you God whoe is the God of truth and
punisher of falsehood.
All who have not Forasmuch as it was ordered att .Tune Court last that all such as

taken the oath of . i- i

allegiance to he Were housc keepers or att then-e owne dispose that were not freemen

summoned to the i i i i i t r r ^ t • i ■ /-i t i i i i

Jiuie Court. and had not taken the oath ol ndelitie to this GoVment should take the
said oath by that time then prefixed or bee fined to the Collonies use
the sume of five pounds and wheras divers psons notwithstanding all

PART II.] COLONY OF NEW PLYMOUTH. 117

patience and long forbearance refuse to take the said oath and yett
make theire residence amongst us It is therfore enacted by the Court
and the authoriiie therof that every such person or persons shall
every election Court bee sumoned to make theire appeerance theratt
during the time of theire aboad in this Government and if any such
pson or psons shall then refuse to take the said oath shalbee fined the
sume of five pounds to the Collonies use.

Whereas it is observed that divers psons in this Government are Every town to

II • 1 r~i ■ r ^ ^ • r choose two or

not able to provide Competent and convenient lood and raiment for three men to

, . y-^,, ., , 1 1 • • 1 1 -1 1 1 make provision

theire Children wlierby it is that poor cliildren are exposed unto great for poor children.

want and extremitie ; It is enacted by the Court and the authoritie

therof that two or three men shalbee chosen in every township of

this Govment that all such as are not able to provide necessary and

convenient food and clothing for theire Children and will not dispose

of them themselves soe as they may bee better provided for ; such

said children slialbe desposed of by the said men soe appointed as

they shall see meet soe as they may bee comfortably provided for

in the prmises and the severall townes shall returne the names of

such men as shalbee deputed and chosen unto the Court.

It is enacted by the Court that every Towne within this Govern- Every town to
ment shall have a Standard for measures of Corn made by those that of measures.
are provided att Plymouth by a former order of Courts ; for that end to
try and scale their measures by which are to bee uniforme amongst
them and to be made round ; and these to bee provided by the last
of November 1658, and to be kept by the Seallers of every towne
for the townes use.

It is enacted by the Court that every Miller within this .Turisdic- Millers to provide
tion shall have two toule dishes viz a quart and a pottle but to be soe scales.
made that upheaped they will hould noe more then a quart and a
pottle by the measure alowed and those to bee sealed by the last of
November 1658 or else to pay ten shillings for every month soe longe
as the said miller keepeth them unsealled after and that all Millers
shall provide Scales and waightes to way mens Corn as occation
shall require.

It is enacted by the Court that if any Indian shall kill a woulfe in Bounty for killing

WolvGS

any township of this Jurisdiction bee shalbee paied a Coate of Trad-
ing Cloth and if any English shall kill a woulfe bee shall bee paied
fifteen shillings to bee paied by the Countrey and defrayed by the
Treasurer.

It is enacted by the Court and the authoritie therof.

rn • • Every town to

1. Ihat every Towne in this Government shall have some pub- have some public
licke brand inarke for theire horses to distinguish them from other horses and a fit

person to register
It,

118 LAWS OF THE [PART II.

townes and alsoe some fitt pson appointed to take notice of mens
publicke markes for horses and regester them in a booke with theire
day and yeare which may bee the towne clarke and the said pson to
have four pence a peece for every horse kind he registereth.

2. That all psons that are resident in any township and have horses
goeing there give in unto the said pson from time to time theire sev-
erall markes of theire horses with theire age that soe they may re-
cord them.
Horses unmarked 3. That if any horse kind being above two yeares old and noe
the marshal, &c. marke whereby the owner of them may bee clearly knowne that the
said pson soe deputed takeing notice of any such signify the same to
the marshall the next generall Court that soe hee may bee three times
cryed with his age and couJler and that if within six monthes after-
wards any upon due evidence can own them paying all nessasarie
charges hee may have him but if in six monthes time none can owne
him that then the said horse kind bee looked at as belonging to the
Countrey and the Treasurer to take order to despose of him for the
Countreyes use as the Countreyes slocke defraying all necessarie
charges.
The age of horses 4. That noe pson or psons marke any horse kind younge or old
forethey°are " but before sufficient witnesse that none bee wronged.
""^'" ® ■ 5. That noe pson or psons take up any horse kind soe as to send

No person to send them out of this Government before hee or they cary the same to

a horse out of the _ _ ,

colony nntii he the pson deputed and soe evidence it to bee his or theires for whom
dence of owner- taken up and take a note under his hand and that hee shall enter it

ship to the regis- , , , ,

ter. both day and yeare.

Indians not ai- Q. That noe Indians bee pmited to course or take up any horses

lowed to take up , • • , , -r. t i i i • i i i

horses except— except m companie with the J^ngiish and that with the concent and
approbacon of a majestrate if there bee any in that towne ; if not the
approbacon of the Towne Clarke.

Penalty for car- j^ That if any pson or psons shalbee found carrying any horse

rying a horse out •' '■ ^ j ^d j

of the colony kind out of tills Jurisdiction without a note under the hand of the

without a certifi-
cate, ptie deputed as above said from whence hee came that the horse bee

secured att the Owners charge untill a note bee procured and the pson
that brought him bee fined five jiounds to the Countrey if an Inhabi-
tant, but if a stranger not knowing the order the like penaltie upon
him that delivered him if an Indian to bee publickely whipt by the
Cunstable where he shall bee taken with the horse.
Towns may im- 8. That wheras severall complaints have bine made to the Court by

pound horses that , - i i i • i

run at large. divers of great wrong and damage by straying horses not onely of
other Townes but alsoe of other Jurisdictions and noe redresse.
This Court orderelh That all such p. sons whose horses soe Treas-

PART II.] COLONY OF JNEW PLYMOUTH. 119

pas any yett noe redresse or satisfaction tendered ; That the Town-
shipes soe agreived as they have opportiinitie ; doe impound the said
horses untill some due satisfaction bee given or Composition made
for the treaspas, and alsoe all other dues for theire impounding ; and
hee that keeps the pound to have sixpence for every horse that is
impounded.

Wheras it hath bine an ancient and wholesome order bearing date Persons residing

Ti/T I 1 1 z'^/' I • r in the Colony

March the seavenlh 1636 that noe pson commg trom other ptes bee witiiout leave, to

alowed an Inhabitant of this Jurisdiction but by the approbacon of '"^ '

the Gov"" and two of the Majistrates att least and that many persons

contrary to this order of Court are crept into some townshipes of

this Jurisdiction which are and may bee a great desturbance of our

more peacable proceedings, bee it enacted by the Court and the

authoritie therof that if any such pson or psons shalbee found that

hath not doth not or will not apply and approve themselves soe as to

procure the approbacon of the Gov'' and two of the Assistants that

such bee inquired after, and if any such psons shalbee found that

either they depart the Gov'"iTient or else that the Court take some

such course iherin as shalbee thought meet.

Wheras complaint is made that much timber is feld on the comon Any person may

take limber,

and lett lye and not imployed and suffered to rott there by those that which is cut upon
feld it and thereby the Countrey much daminfyed. It is enacted by lands and not
the Court that whosoever shall or hath felled any timber on the ^x months'.'^* '"
Comon and doth not either square or rive it within halfe a yeare
after it is felled it shalbee lawfull for any other to make use therof
as they shall see meet.

It is enacted by the Court that after December 1G5S noe raw No raw hides or
hides either slaughtered or otherwise falling or any skines viz dear ported.
skins sheep skins goate skins or calve skins that shall fall shalbee
transported out of the Gov^ment on the penaltie of forfeiting them or
their valine to the Collonies use.

It is enacted by the Court that when the upper Marshall shall Appraisers of

, , . g-oods taken by

have occation to levy any fine or fines hee hath libertie by this order distress, how

to choose one to prise the goods or Chatties taken by destresse ;

and the delinquent hath libertie to chose another if hee please, but if

the delinquent shall refuse to choose another then the Marshall and

him whoe hee hath chosen shall prise the said goods or chatties and

in case any bee required by the Marshall to prise the said goods or Penalty for rc-

_,, , 1 1 11 r r- ^ r- -ii- r fusing to scive.

Chatties and shall reluse hee shalbee fined five shillings lor every

such default to the Collonies use ; and what expence of time and

paines any shalbee att in prising such said goods or chatties hee
shalbee reasonably satisfyed for the same.

120 LAWS OF THE [PART II.

Penalty for re- It is enacted by the Court that if any shalbee chosen to serve on
on the grand in- the Grand enquest and shall refuse to serve hee shalbee fined to the
*^"^'''' Collonies use the sume of ten shillings for every Court that hee

is absent within the yeare for which hee is chosen to serve, and in
case hee shall wholly exclude himselfe all the yeare hee shalbee
fined the sume of forty shillings to the use of the Collonie unlesse
hee can give sufficient reason to the Contrary unto the Court.

Wheras sundry persons both Quakers and others wander up and

downe in this Jurisdiction and follow noe lawfull calling to earne

theire ovvne bread and alsoe use all Indeavors to subvert civill state

and to pull downe all churches and ordinances of God to thrust us

out of the ways of God notwithstanding all former lawes provided

for the contrary :

A work-house to Be it therfore enacted by this Court and the authorilie thereof

vagrants and idle that with all Convenient speed a worke house or house of coirection

persons. ^^^ erected that all such vagarants as wander up and downe without

any lawfull calling and alsoe all idle psons or rebelliouse children or

servents that are stuborne and will not worke to earn theire owne

bread and yett have not wherwith to maintain themselves, may bee

put to this house of Correction and there bee imployed in such

worke as shalbee there provided for them, and to have noe other

supply for theire sustainance then what they shall earne by theire

labour all the while that they shall continew there, and also that some

faithfull man bee appointed by the Court to be overseer of this house

of Correction whoe shall carfully observe such orders as shalbee from

time to time directed to him from the Gov"" or any of his assistants

concerning any pson or psons that may bee sent to him.

The court to ap- It is enacted by the Court and the authoritie thereof that in case

to'make'^T rate" any towne of this Gov^ment shalbee fined that the Court shall appoint

"ants of any I'^vii three men to make a rate to levy the fine whoe shall proceed therin

that may be fined, according to the rules sett down in the orders about the rates of the

Countrey as neare as may bee, and incase such men as shalbee soe

appointed to make the said rates shall neglect it ; they shall pay the

fine themselves and such said rates as shalbee made ; a coppy therof

shalbee delivered to the Cunstable to bee levied as rates for other

charges.

Towns to take It is enacted by the Court and the authority thereof that all townes

measures to have . , . ^. , 11 1 1 r r- 1 •

the lands of the m this Government take cause tliat the true bounds ot every ol then-e
bounded"* Inhabitants land be sertainely knowne, and sufficient bound markes

to their particular lands on the j)ciiallie of the forfeiture of ten shil-
lings for every such neglect, the one half to the enformer and the
other half to the Towne ; and this to bee done att or before the

PART II.] COLONY OF NEW PLYMOUTH. 121

fifteenth day of 1G59 ; and in case the Tovvne bee neglective

they to bee liable to the fine of three pounds to the Colonies use.

It is enacted by the Court and the authoritie therof that in case The magistrates

1111 ... • 1 /-I 1 • "'^y '^o'lipcl any

there shalbee occation to nnpJoy a messenger in the Countreyes busi- person to act as

, • 1 11 1 r II f c ^ • messeno'er, when

nes that it shalbee lawluJI lor any ot the majestrates to presse any necessary.
pson or psons to goe on the Countreyes occations and to bee payed
out of the Countreyes stocke.

It is enacted by the Court that every township in this Gov'"ment Every town lo
shall have a booke of the lavves of the CoJlonie and that they bee the laws of the

J 1 colony, and lo

read oppenly once every yeare. cause them to

be read openly
each year.

Note. — All the acts before noted as having been re-enacted in 1G38, and which were
originally published in the Book of Revised Laws, are here omitted — except such as have
been materially altered.

16

122 LAWS OF THE [PART II.

GENERAL LAWS.

1659.

Acts and orders of Court made and concluded the seaventh of
June 1659.
Books of Qua- Forasiiuich as many psons are greatly corrupted with the Quakers
doctrines hy reading theire bookes writings or epistles which are
sent and distributed into sundry places within this Jurisdiction ; It is
therfore enacted by the Court and the authoritie therof that encase
the Constable or Grandjurymen or Marshall shall finde or heare of
any Quakers bookes epistles or writings hee shall seize on them and
p'sent them to a majestrate or the next Court.
Towns to pay Wheras the grand enquest is a place of great trust and concern-
rors!. ^''^^ ■'"" nisnt in the Comon wealth ; in discharge wherof is required espence
of time and charge ; It is therfore enacted by the Court that the
severall townes of this Jurisdiction shall pay theire grandjurymen
towards theire expence of time and charge att three Courts two
shillings and sixpence a day and nothinge att election Courts and
that onely fitt and able psons bee chosen for that service.
Magistrates freed It is enacted by the Court that the Majestrates shalbee hence-
certain cases. forth freed from all publicke rates as respecting the Majestrates table

Repealed June mi j t\/i v, ii

14, 1660. Clark and Marshalls wages.

Horses taken up It is enacted by the Court that such horses and mares as shall ap-

and adjudged the i i /^ i i r r^ i i ir r i

colony's, how dis- pear to bcc the Countreyes by order oi Court the one haile of them
Repealed June shalbee the townes where they are taken up the due charge being
14, 16G0. taken out of the said halfe and the other halfe to bee the Gov''nors

then in being.
No fine to be ex- It is enacted by the Court that a proposition bee made to the

acted of such /-\ t ^ i r ■ i

Quakers as shall Quakcrs that such of them as will promise and engage to remove

leave the colonj' i • i n- r t • /^i • i • • i r i •

Tvithin si.M mcuiihs. their dwellings out ol this (:roVment within six monthes alter this
present Court and pforme it ; that noe fine bee exacted of them as
soe engage ; and sucii as whose estates are soe impoverished as they
are disabled to remove they shall have som sup})ly made them out of
the Treasury to healp them.

PART II.] COLONY OF NEW PLYMOUTH. 123

It is enacted by the Court that whatsoever pson or psons shall fre- Penalty for fre-

qaent absence

quently absent or neglect upon the Lords day the publicke worship from public wor-
of God that is approved of by this Gov'ment shall forfaite for every
such default ten shillings. [The two lawes respecting this particular
made in 1651 were repealled both of them this court 1659.]

It is enacted by the Court that when high waies are wanting in any Magistrates may
tovvneship of this Jurisdiction that there the next Majestrate unto to'Tay' out "'high-
such Townshipp shall impannell a Jury for the laying out of such ^^>''^-
ways as shalbee found by them convenient.

It is enacted by the Court that every Cunstable of this .Turisdic- Constables re-

] 11 1 r^ II o- II T • • I I • 1 • quired to have

tion snail have a Cunstable staiie wherby to distinguish them in theire staffs.
office from others and to bee provided by the Treasurer and to bee
delivered by the forgoing Cunstable to him that succeeds yearly.

It is enacted by the Court that a proposition bee made unto the sev- Proposition re-
erall townshipps of this Jurisdiction whether in respect unto the repeal- moning'the free-
ing of such lawes as were made in March 1657 and June 1658 and sibniiuldTo^'the
September 1658 they shall thinke it meete to suinon the whole body !j"^™^'ote on this
of freemen to come together ; that soe the minds of the major p'^ of proposition was

^ ^ J t 63 ni favor of,

the freemen may be knowne aboute the premises and to send theire and ill against it.
minds to the next October Court.

It is enacted that the law respecting the oath of fidelitie shall stand Magistrates may
in full force onely that it shall be in the power of the majestrates to dly^ior^not tak-
metegate the execution therof to such as are or shall appeer to bee liefityr°^^''°'^^'
low in their estates.

It is enacted by the Court that all sentences and censures that shall The under mar-
fall out to bee inflicted by the under Marshall viz. whiping stocking by'ihe colony!^'
stickmatising or puting to death hee shall bee payed for the same by
the Country out of the Treasury. [The law about the under Mar-
shalls pay made 1658 is repealed.]

It is enacted by the Court that such as stay drinking or tippling The constable. or

1 • 1 1 • 1 • 1 r , • r- gfantl juror may

Wine or Strong drinke abusively in any house ot any towneship of warn such as tip-
this Jurisdiction the constable or grand jurymen of the towne are Uie court'. *^''^°
heerby authorised to make enquiry into such abuses and finding any to
trangresse to warne them or cause them to bee warned to the Court
to answeare for theire misdemeanors therein.

It is enacted by the Court that three men bee nominated in the Three persons to
votes for choise of Commissioners that soe in case of the fayleing of coZlssioners'!''
either of the first nominated in the votes by reason of some evident
hand of God impeding them then the third nominated to supply his
place.

Whereas complaint is made that the Indians in several! ptes of infiians may im-

.1 • T ■ J- .■ r • • 1 /• 1-1 iH'iind horfcsand

tins Jurisdiction Jiveing m remote places from any townshipes have hogs in certain

124

LAWS OF THE

[part ir.

Fees of under
marshal Tor com-
mitment and dis-
charge.

Every town to
have a pound.

Penalty for a
town to neglect
obtaining a brand
for horses.

Every owner of
horses shall mark
them.

Purchascof lands
from Indians.

received great damige by the horses and hoggs of the English : It is
enacted by the Court that it shalbee lawful for the Indians soe enoy-
ed by the horses or hoggs of the English whoe live remote from any
tovvne to bring such horses or hoggs to the pound in the next town-
ship and there to bee kept till the owners take a course to satisfy the
damage ; and such Indians to have twelve pence a peece for horses and
six pence a peece for hoggs ; if they bring them above eight miles ;
and alsoe that if any neat Cattle shall treaspas the Indians ; it shalbee
lawfuU for them to impound them that soe thay may have reasonable
satisfaction.

It is enacted by the Court that the Under Marshall shall have of
any prisoner comitted to his charge two shillings and six pence for
Comitment and two shillings and six pence for his release and one
shilling and sixpence a day for the time hee keeps him afterwards.
This order was repealed att the Court held att Plymouth the 12
of June 1660.

It is enacted by the Court that every tovvne of this Jurisdiction
shall have a pound to impound Cattle by the next October Court on
the penaltie of five pounds for every towne that shall neglect ; and a
pounder to keep it.

It is enacted by the Court that if any towne in this Jurisdiction
shall neglect to procure a brand marke by the last of July next for
to marke their horses according to order shalbee fined five pounds.
It is further ordered that evry owner of horses shall take the first op-
pertunitie to marke and enter theire horses according to order and in
case any shall neglect soe to doe betwixt this and March Court next
shall forfite five shillings to the towne for such default for every horse
found unmarked.

The markes for horses for distinction of the Townes.
For Plymouth a P on the neer buttocke.

Duxborrow a D on the neer buttocke.

Scittuate an S on the neer buttocke.

Taunton a T on the neer shoulder.

Sandwich an S on the neer shoulder.

Yarmouth a Y on the neer shoulder.

Barnstable a B on the neer buttock.

Marshfield an M on the neer buttock.

Rehoboth an R on the neer buttock.

Eastham an E on the far shoulder.

Bridgwater B on the neer shoulder.
The Court understanding that some in an under hand way have
given unto the Indians money or goods for theire lands formerly pur-

PART II.] COLONY OF NEW PLYMOUTH. 125

chased according to order of Court by the rnajestrates thereby insin-
uating as if they had dealt unjustly with them It is enacted by the
Court that some course bee taken with those whom wee understand — Jomp'ie^e!^'^ '^ '"'

It is enacted by the Court that the Grandjurymen in each towne Grand jurors to

appear the fifth
day of the week
at election courts.

» , . ^ , 1 1-1 • y-1 11- appear the fifth

ot this (jovernment bee warned att JLlection Courts to make theire dav of the week

appearance on the fift day of the weeke.

Whereas some have desired and others thinke it meet to prnitt Persons allowed

. to visit the meet-

some psons to irequent the Quaker meetings to endeavor to reduce ingsofthe Quak-

them form the error of theire wayes the Court considering the prem-
ises doe pmitt John Smith of Barnstable Isacke Robinson John
Chipman and John Cooke of Plymouth or any two of them to attend
the said meetings for the ends aforsaid att any time betwixt this Court
and the next October Court:

It is enacted by the Court that no strong liquors shalbee sould in No strong liquors
any place within this Government to exceed in prise three shillings more than three

a quart. ^ shillings pr. quart.

THE OATH OF THE TREASURER.

You shall faithfully serve in the office of the Treasurer in the Ju-
risdiction of New Plymouth for this present yeare during which time
you shall dillegently enquire after demaund and receive whatsoever
sum or sumes shall appertaine to this Gov''ment ; arising by way of fine
amersement royaltie or otherwise and shall faithfully improve the same
for the use of the Gov''ment and according to order dispose therof
as occation shall require You shalbee reddy to give in a true account
unto the Court of youer actings in youer said office yearly att June
Courts Soe healp you God &c.

THE OATH OF A GRAND JURYMAN.

You shall true p''sentment make of all thinges given you in charge
you shall p''sent nothing of mallice or illwill Youer owne Councell
and youer fellows in reference to this Oath you shall well and truely
keep so healp you God.

1660.

Acts and orders made and concluded att the General Court held
att New Plymouth the lO^i' of June 1660.

Wheras there hath severall psons come into this Gov''ment comon-
ly called Quakers whose doctrine and practices manifestly tends to the

126 LAWS OF THE [PART II.

subversion of the foiindamentals of Christian religion Church order

and the Civill peace of this Government as appeers by the testinao-

nies given in sundry depositions and otherwise It is therfore enacted

None allowed to by the Court and the authoritie therof ; that noe quaker or p. son co-

ers. monly soe called bee entertained by any pson or psons within this

^^epeae une , QQyr^ient under the penaltie of five pounds for every such default or

bee whipt ; and incase any one shall entertaine any such pson igno-

rantly if hee shall testify on his oath that bee knew not them to bee

such he shalbee freed of the aforsaid penaltie ; provided hee upon

his first deserning them to bee such doe discover them to the Cun-

stable or his deputie.

Every Quaker It is alsoe enacted by the Court and the authoritie therof that if

coming into the y-v i

colony, to be any Rantor or Quaker or pson cotnonJy soe called shall come into
jail, any towne within this Government ; and bee apprehended by the

Cunstable or any other, they shall bring them before some one of
the Majestrates of this Jurisdiction whoe shall comitt him or them
to the Jayle ; and there to bee kept in close durance and to have
onely such provision as the Countrey aloweth which is thripence a
day and soe to remaine untill the next Court after theire Comitment:
If they refuse to and then to bee presented before the Court and by them injoyned

leave the colony, ,. , , r i /-i i • i i

to be whipped directly to depart out oi the Govi'ment ; and m case hee or they
Repealed June shall refusc or ncglect soc to doc, then that they shalbee publickly
' ■ whipt and sent out of the Government paying theire fees ; and for-

asmuch as the meetings of such persons whether strangers or others
proveth desturbing to the peace of this Gov''ment,
Penalty for hold- jj jg therfore enacted by the Court and the authoritie therof that

ing or permitting _ •'

meetings of Qua- hcncforth noe such meetings bee assembled or kept by any jDSon in
Repealed June any place within this Gov''ment under the penaltie of forty shilling a

8, 1661

time for every speaker and ten shillings a time for every hearer (that
are beds of families) and forty shillings a time for the owner of the
place that pmitts them soe to meet together ; and all such as shalbee
found att any such meetings, as are under the GoVment of others
as wives children or servants &c. The Cunstable of such a towne
where such meeting is shall forthwith carry them either into the
stockes or Cage whoe shall remaine there according to the descre-
tion of the said Cunstable, provided if hoe put them into the stockes
they shall not continew there above two houres if in the winter nor
above four houres if in the summer ; and if hee put them into the
Cage they shall not continew there longer then untill night if in the
winter ; and not longer then the next morning in the summer ; and
for all young psons whoe are att theire owne dispose and shalbee
found att any such meetings that the same course bee taken with
them either by puting them into the Cage or stockes.

PART II.] COLONY OF NEW PLYMOUTH. 127

It is enacted by the Court that there shalbee in the severall Every town to
Tovvneshipes of this .Jiirisdiction a Cage erected especially att Sand-
wich Duxborrovv Marshfeild and Scittuate, and that the charge of
them shalbee defrayed out of such fines as shall arise, out of the said
Tovvnshipes soe that the said charge exceed not three pounds.

Wheras by a former order of Court all psons were required to Every inhabitant

„ 1 1 r I • 11 • (< 11 1 autliorized to ap-

give notice to the Uunstables oi tlieu'e severall precmcts oi all such prchend a Qua-

psons as were knowne to bee foraigne Quarkers : Now this p^sent

Court doth enacte that it shalbee lawfull for any Inhabitant within

this Jurisdiction upon theire knowledge ; and having opportunitie to

use all endeavors to apprehend all such Quakers and to deliver them

to the Cunstable or bring them before the Gov'" or some one of the

Majestrates.

Wheras wee find that of late time the Quakers have bine furnished No person al-
with horses and therby they have not onely the more speedy passage a'Tiorse "fo"™^
from place to place to the poisoning of the Inhabitants with theire ^"^'^^''•
cursed Tenetts ; but alsoe therby have escaped the hands of the
Officers that might otherwise have apprehended them. It is therfore
enacted by the Court and the authoritie therof That if any pson or
psons whatsoever in this Govi'ment doth or shall furnish any of them
with horse or horse kind the same to bee forfeited and seized on for
the use of this GoVment ; or any horses that they shall bring into Horses brought
the Govi'ment or shalbee brought in for them and they make use of by°hern t*o° be''
shalbee forfeited as aforsaid ; and that it shalbee lawfull for any '°'''^'^^^'
Inhabitant to make seizure of any such horse and to deliver him to
the Constable or the Tresurer for the use of the Countrey.

In reference to the puting in execution the order about the House House of Correc-
of Correction ; it is ordered by the Court that an adition shalbee larged.
erected of fourteen foot longe of equall hight with the prison att the
one end therof with two Chemnyes in it ; one in the lower rome
and the other in the uper rome ; with a yard afore it of about eight
foot high made of boards ; and the Tresurer is to take some speedy
course for the dosing of it ; and that a fitt pson bee chosen by the
Majestrates to bee the overseer therof.

It is enacted by the Court that any one that shall bring in any penalty for
Quaker or Rantor by land or water into this Gov''ment viz. by being Quatef in"^ ihe
a guide to them or any otherwise shalbee fined to the use of the '^°^'^^^y-
Govi'ment the sume of ten pounds for every such default.

Wheras some trouble and inconvenience hath arisen by reason penalty for re-
that some have bine chosen to the office of Cunstable and have as^con.,tabiT^
rather chosen to pay the fine formerly amerced for such default then
to serve in the said office ; and soe the lowne nessesitated to make

128 LAWS OF THE [PART II.

a new choise therby putting them to further charge ; It is enacted
by the Court and the authoritie therof that if any man being chosen
by any Towne in this Govment to serve in the office of a Cunstable
and shall refuse to serve therin shalbee fined the sume of four pounds
the one halfe therof to the towne in which they are chosen and the
other halfe therof to the use of the Collonie.

Salary of under It is enacted by the Court that the Under Marshall shall have
twenty nobles more aded to his former wages to bee payed out of
the Tresury : and that for the future bee shall not expect any fees
for the keeping of any prisoner ; save onely to have two shillings
and sixpence for comittment, and two shillings and sixpence for
release as formerly.

Penalty for not Whereas the Court have taken notice that divers of the freemen

attending court of ^ , . ^ . , . , ^ r t'i •

election or send- 01 this Corporation doe neither appeer att Courts ot Ji.lection nor
ingaproxy. ^^^^ ^j^^.^ voates by proxy for the choise of Majestrates &c. It is
enacted by the Court and the authorite therof; that whosoever of the
freemen of this Corporation ; that shall not appeer at the Court of
Election att Plymouth in June annually nor send their voate by
proxey according to order of Court for the choise of Gov'" Assistants
Comissioners and Treasurer shalbee fined to the Colonies use the
sume of ten shillings for every such default, unlesse some unavoida-
ble impediment hinder such in theire appearance.
Towns to pay for Whereas the Milletary Companies of this Jurisdiction are entered
uie military wm- in^o a Rcgcmentall Posture and therfore that the use of Pikes is
pames, nessasary and some alreddy provided for that end ; It is enacted by

the Court that the charge of the said pikes shalbee borne by the
townes respectively and that notwithstanding this order that such as
exercised with the said pikes shall keep theire other armes viz. Mus-
kett &c fix and fit for service.
Penalty for neg- In reference unto the Order of Court conserning carrying of armes
a list of those who to the meetings on the Lords day it is enacted by the Court and the
tomeeting^oiTthe aulhoritie therof that if any overseer of any Squadron in any mille-
Lord's day. ^^^^ Companie of this Jurisdiction that shall neglect to take notice of
and pi'sent a true list of such as are defective in bringing theire armes
to the meeting on the Lords day shalbee fined the sume of three
pounds to the Colonies use.
Magistrates may Jt is enacted bv the Court that for matter of ordinary delinquency

determine small . j i j

offences without about pcnall lawcs it shall bee lawfull for the Court of Majestrates to
Repealed June 9, issue the same in point of sensure without impanneling of a Jury for

the tryall of the case encase the fine exceed not the sume of ten

pounds.

It is enacted by the Court that all Controversies that shall arise

PART II.] COLONY OF NEW PLYMOUTH 129

belwixt man and man not exceedina; forty shillin2;s shalbee ended by Magistrates may

J 14 r • - c • • T 11- r decide conlrover-

the Majestrates att the Court of Assistants wiihout Lnpanelhng; ot a sies for sums not

T r 1 11 r 1 exceeding- fort}'

Jury lor the tryall oi the case. siiiiiings without

It is enacted by the coint and the authorities dierof that exery per- ^ •'"'^^'
son of the age of discretion which is accounted sixteen yeares whoe rcnaiiy for pub-
shall wittingly and willingly make or publish any lye which may bee hoocis^
pernicious to the publicke weale or tending to the damage or hurt of
any particular person or with intent to deceive and abuse the people
with false newes or reports shalbee fined for every such default ten
shillings, and if the party be unable to pay then to bee sett in the
stockes soe longe as the Court shall think meet.

It is enacted by the Court that hensforth noe fines due to the No fines to be

*^ . paid in Wam-

Country shalbe payed in Wampampeake. pampeake.

Forasmuch as complaint is made that many Indians presse into di- No strange in-

.. , diaiis allowed to

vers p^*^'^ of this Jurisdiction ; wherby some of the plantations begine reside in the coi-
to bee oppressed by them, It is enacted by the Court that noe strange
or forraigne Indians shalbee pmitted to come into any p'<^ of this Juris-
diction soe as to make theire residence there ; and for that end that
notice bee given to the severall sagamores to prevent the same.

That Duxborrow be eased in tlie charg about the troop of horse D^xburytobe

" ^ freed from the

the next yeare. charge for the

The Court have ordered than the law concerning not coming to oct.
our meetings that the fines shall not be levied untill the Court shalbee aJenSg meet-"^
in a capacitie to order otherwise. '."S. "°' '° ^^ '^^"

'■ icci until—

It is enacted by the Court and the auihoritie therof That all our ah legal process-
Courts warrants Soummons and Comands bee all done directed JeVty''^''name."'"
and made in the name of his Ma'^^ of England our dread Sov and
alsoe that all Sivill officers and minnesters of Justice within this Ju-
risdiction to bee sworne is his said Ma'^'^s name as alsoe that the oath
of fidelitie and all other oathes shall goe in that tenure.

In reference unto the law prohibiting buying or hiering land of the No person allow-

xr 1- .1 -T II • 1 -. ^ , r^ T r-t ■ cd to receive land

Indians directly or indirectly bearing date 1643 the Court interpretts from the Indians
diosc words alsoe to comprehend under the same penaltie ; a prohi- logU^/thcnfpow-
bition of any mans receiving any lands under pretence of any gift '^'^'' ^'^'
from the Indians without the approbation of the Court ; likewise the
prohibition of any English to give any powder shott or amunition
horses or boates is intended alsoe under the same tearme of indirect
selling unto the Indians under the same penaltie.

17

130

LAWS OF THE

[part II.

]66

All persons lo
take the oath of
iidehly.

The marshal or
constable to ap-
jireheiul and whip
Quakers, coming
into the colony.

Their meetings
forbidden.
Erased in the
original.

George Barlow
to have liberty
to apprehend
Quakers.

The owner of a
house wliero a
meeting of Qua-
kers is held lf> be
fined or whipped.

Au tlie Generall Court held att Plymouth the fourth of June 1661,
enacted as followeth —

It is enacted by the Court and the authoritie therof that, all psons
within this Gov''ment that are att theire ovvne dispose and have
not taken the oath of fidelitie shall repaire unto some one of the ma-
jestrates of this Jurisdiction to take the said oath ; which if they
shall neglect or refuse to doe such pson or psons shalbee sumoned to
every election Court to make theire appeerance theratt : during the
time of theire abode in this Gov''ment ; and if any such pson or
psons shall then refuse to take the said oath they shalbee fined the
sume of five pounds to the Collonies use.

It is enacted by the Court and the authoritie therof That if any
pson or psons comonly called Quakers or other such like vagabonds
shall come into any towne of this Government the marshall or Con-
stable shall apprehend him or them and upon examination soe ap-
peering hee shall whip them or cause them to be whipt with rodds ;
soe it exceed not fifteen stripes ; and to give him or them a passe to
depart the Gov'ment ; and if any such pson or psons bee found with-
in the GoVment ; without theire passe or not acting according ther-
unto they shalbee punished againe as formerly ; and incase any Cun-
stable of this Jurisdiction shalbee unwilling or cannot procure any to
inflict the punishment aforsaid that then they shall bringe such psons
to Plymouth to the under Marshall and hee shall enflict it.

And forasmuch as the meetings of such persons whether strangers
or others proveth disturbing to the peace of this Gov''ment It is en-
acted by the Court and the authoritie therof That henceforth noe
such meetings be assembled or kept by any psons in any place within
this Govi'ment under the penaltie of forty shillings a time for the
owner of the place that pniitts them so meet together or bee whipt ;
and for all such as are speakers in such meetinges to pay the like
penaltie of forty shillings or bee whipt.

It is enacted by the Court That the Marshall Gorge Barlow
shall have libertie to apprehend any forraigne Quaker or Quakers in
any pte of this .lurisdiction and to bee prosecuted according to order
provided in that case.

It is enacted by the Court and the authoritie therof that henceforth
noe pson or psons shall pmitt any meetings of the Quakers to bee in
his house or housing on the penaltie of being sumoned to the gener-

PART 11.] COLONY OF NEW PLYMOUTH. 13 1

all Court and there being convicted therof shalbee publickly wliipt
or pay five pounds to the Collonies use.

Wheras there is a constant monthly meeting together of the Qua- '''j'^^"°ati"lid°u^
kers from divers places in s:reat numbers which is very ofFencive and meetings of the

... . ^, . Quakers.

may prove greatly prejuditiall to this &ov''ment, and in asmuch as
the most constant place for such meetings is att Duxborrow, this
Court have desired and appointed Mr. Constant Southvvorth and
Willam Payboddy to repaire to such theire meetings together with
the Marshall or Constable of the Towne and to use theire best en-
deavours by argument and discourse to convince or hinder them ;
and in case the place of theire meeting should bee changed, the
Court desires the above named or any other meet psons to attend
them there alsoe.

It is enacted by the Court and the authoritie therof That hensforth The charges to

be paid before

noe Summons bee Issued forth before the action bee entered and summons be
Charges defrayed.

It is enacted by the Court that henceforth all evidences and Tes- ^". testimony to

■' be 111 writnig.

timonies that shalbee produced for the clearing of any case shalbee
given into the Court in writing and to bee kept upon the file.

Forasmuch as Jurymen for tryall of causes betwixt pty and ptie Ju^rs for the

•' .' I J I (rial of causes,

have bine sumoned out of the Towne of Plymouth and other lownes '''"°n> what towns

•^ to be summoned.

neare therunto and that by the frequency therof it hath proved bur-
thensome to such, It is enacted by the Court and the authoritie
therof that out of other townes of this Jurisdiction ; the most remote
excepted as occation shall require there shalbee one man out of each
towne required to attend the Courts for such purpose whose name
shalbee specifyed in the warrants that are issued forth to warne the
Court.

It is enacted by the Court that all stray horses or horse kind that Horses to belong
noe particulare pson can make any just profFe that they are his or when no owner
theires shall appertaine unto the Countrey.

It is enacted by the Court that all such as take any strayes that Persons taking

- • "P strays shall

shalbee found and proved soe to bee they that take them up and give have one third.
them information conserning them ; shall have one pte of three for
theire labour therin.

It is ordered by the Court that the rules and wayes to bee ob- The title to strays
served for the tryall of strayes shalbee by theire age markes by their age', ^

Couller, &C. marks, &c.

It is enacted by the Court that all woulves that shalbee killed by Bounty on
any English in any pte of this Jurisdiction ; they that kill them shal- p^ki"'
bee payed by the townes in whose precincts they are killed ; and
such Indians as kill any wolves ; they shalbee satisfyed by the
Treasurer.

132 LAWS OF THE [PART II.

Foreigners not It is enacted hv the Court That noe stran2;er or forrais,ner shall

to make fish at. " i^ r"i i- r r i

Cape Cod with- improve our lands or woods att the Cape lor the makeing ot nsh
without liberty from the Govment : and that all such as shall have
libertie shall attend such further orders as shalbee given them con-
serning the same ; and that they shall pay sixpence a kentall for all
such fish as shalbee made as aforesaid ; to the Collonies use.

Excise to be paid It is enacted by the Court and the authoritie thereof That all or-

by ordniary _ •' _

keepers and re- dinary keepers or other retaillers of strong waters doe pay an excise
See act of June, of foure pence a gallon for all such liquors as is made in the CoUo-
nie and drawne forth and retailed by tliem, and eight pence a gallon
for all such as they shall bring in or have brought in to them from
other ptes which they shall draw forth and retaile as aforsaid ; and
that when they bring home any Liquors they shall enter it with the
Towne Clark before it bee broached on the penaltie of the forfeiture
of the third pte of the valine of what is drawne out before it bee
excised.
Excise on oys- It is enacted by the Court, that five shillines shalbee payed to the

ters exported. •' .

Countrey upon every barrell of Oysters that is carryed out of the
Gov'"ment, and that the Countrey bee not defrauded bee shall enter
them with the Towne Clarke before hee carry them away or else to
forfeit twenty shillings p barrell on any carryed away not entered.
Excise on boards, It ig enacted by the Court that for all boards and plankes that

planks, &c. ex-
ported, shalbee transported out of the Govi'ment three pence a hundred bee

payed to the use of the Countrey ; and six pence p hundred bee

payed upon barrell staves and heading and eight pence an hundred

on hogshead staves and hogshead heading ; and that both boards

planck and cooper stufFe bee entered with the towne Clarke before

it bee carryed away on the penaltie of the forfeiture of the one third

pte of the valine of what is carryed away not entered.

Duty on iron ex- It is enacted by the Court and the authoritie therof that whoesoever
shall transport any Iron out of the GovOnent shall pay unto the
Countreyes use twelve pence on every hundred and hee shall enter
such Iron as hee carryeth or selleth away with the Towne Clarke
on penaltie of forfeiting a third part of the valine of it to the Coun-
treyes use.

Towns may sell Xhe Court having declared by theire voat that in theire Judgments

tlie privilege of . . ^ . , r^

t iking such and Consiences the benifitt of whales is yett the Countreyes not-

whales as come , , ,. ^ • r ^ -i i i i

ashore for the withstandmg any thingc lormerly done ; have ordered conserning

y*ears." "^ '^ them as followeth viz : That the townes where any shall come on

fcG^!"^^ ""^ ^^"'^' shore may rent them for three yeares att the rate of two hogshead

for a fish yearly to bee payed att Boston full and marchantable and

that the deputies of those townes doc signify this tender to theire

PART II.] COLONY OF NEW PLYMOUTH. 133

tovvnes which in case they doe not accept the Treasurer to have
power att October Court to lett it to the best advantage to any other
that will hier itt and then to allow to such townes where any fish
comes on shore, two hogshead out of every fish to any publicke use
of the towne on Condition that they suffer any man that heireth it ;
freely to cart and try it on theire lands and with theire wood.

It is enacted by the Court that whosoever taketh any whale on Whales taken

d./. . , , , , , ,. . 1 1 1 11 adrift at sea to

rilt att sea Without those bounds and iuintts aireddy sett: and doe belong one liaif to

bring them on shore he shall have the one halfe and the Countrey the oi'her'halA'o the

other halfe ; the Countrey to allow Cash for their p^e of the Gyle. ''°'°"^''

It is enacted by the Court that whosoever shall find any whale on Two hogsheads

1 1 r^ 11 I • r 11 of oil to be allow-

snore on the L^ape or elsewliere ; that is out ot any townes bounds ; ed the colony for
and is on the Countreyes bounds or limitts shall alowe the Countrey ashore o^it o^the
two hogsheads of oyle cleare and payed at Boston. iowi?.°^^""^

It is enacted by the Court and the authoritie thcrof, that if any The widow to
man die without will his wife shall have a third part of his land during pan on'iie'reai
her life and a third pte of his estate forever. S!a„donShW

It is enacted by the Court, that a suflicient man in every town, °^^^^^^l^ ic36°"^'
bee appointed to take up what excise shalbee due to the Countrey a person to be
whether Iron Tarr boards oysters &c. and that the said men bee un- fe'Sretci'se'ia
der oath and that they shall have power to make serch and what for- Sf ^'^ *°^"; ,

•' ^ Repealed m Juno

feites they find they shall have the one halfe therof : and out of the 1662.
said excise evidenced to have three shillings upon the pound ; and
that they give a just account to the Treasurer the first of November
and the first of May annually ; The names of such as are apointed
are as folio weth.

For Plymouth John Morton. Persons appoint-

For Yarmouth Rich. Tayler.

For Duxb: Gorg Partrick.

For Barnstable John Finney.

For Scittute John Turner Jun""-

For Marshfield, John Bourne.

For Sandwich Gorg Barlow.

For Rehoboth Willam Carpenter.

For Taunton Willam Harvey.

For Eastham Job Cole or some other the towne shall app.

For Bridgwater John Haward Juni""-

THE OATH TO BEE GIVEN TO THOSE THAT RECEIVE THE EX-
CISE.

Forasmuch as the Court have seen cause to order an excise to
bee layed upon sundry thinges you shall dilligently attend the execu-

134

LAWS OF THE

[part II.

tion of all such orders in such case provided ; and both demaund and
receive such sume or sumes as shalbe due to bee payed by vertue of
any the said orders ; You shall faithfully keep a true account of all
such sumes as you shall therby receive and faithfully deliver up a
true account therof unto the Treasurer as hee shall demaund it ; ac-
cording to order Soe healp you God.

Duty on tar ex-
ported.

Acknowledge-
ment of Charles
II.

Charles II pro-
claimed.

THE OATH OF A SEALLER OF MEASURES IS AS FOLLOWETH.

Wheras You are chosen to the office of a sealler of measures for
the Towne of &c. You shall during youer continuance in the said
office truly and faithfully seize and scale all such measures as are att
any time brought in unto you for that end ; according to the best of
youer abillities as exact as may bee according to such standards as
are allowed and provided by the Countrey So healp you God &:c.

It is enacted by the Court that all Tarr that goes out of the Gov""-
ment ; six pence a barrell be payed to the Countrey ; Upon all such
Tarr as shalbee made ; on any lands that are within any Township
and twelve pence a barrell on such as is gathered on the Countreyes
Comons ; and that the same course bee taken for the entery therof
before any bee carryed away on penaltie of forfeiting foure shillings a
barrell for any so carryed away ; provided that all such Tarr as is
made or shalbee made att any time within this instant month of June
shall not fall under this order.

Whereas we are certainly informed that it hath pleased God to es-
tablished our Sov' Lord Kinge Charles the second in the enjoyment
of his undoubted right to the Crownes of England Scotland France
and Ireland ; and is so declared and owned by his good subjects of
these Kingdomes.

Wee therefore his Ma^'^^ Loyall subjects the Inhabitants of the
Jurisdiction of New Plymouth doe heerby declare our free and red-
dy concurrance with such other of his Ma''*'^ subjects and to his said
]yj[aties i^is heires and successors we do most humbly and faithfully
submit and oblidge ourselves forever. God save the Kinge.

June the fift Anno Dom. 1661.

The fift day of June 1661 Charles the Second King of England
Scotland France and Ireland &c. was solemnly proclaimed att Ply-
mouth in New England in America.

PART II.] COLOiNi: OF JNEVV PLYMOUTH. 135

1662.

Wheras there hath bine much controversye occatloned for want of
a full and cleare settlement of matter relating unto such whales as by
Gods providence doe fall into any pte of this Jurisdiction, This
Court doth therfore order for the prevension of any discontent or
controversy for the future and for a fiuall issue and settlement soe j^^g
farr as in the Court lyeth about the same ; that for all such whales as A. barrel of oil to

•' ' be paid the colo-

by Gods providence shalbee cast on shore on any pte of this Gov"' ny (or each whale

. cast on shore, or

ment or shalbee by any cutt up alt sea and brought on shore in the found adrift.
GovOneiit ; there shalbee for every such fish one full hogshead of
niarchantable oyle payed unto the Countrey delivered att Boston by
such towns or psons as are interested in the lands where they shall
fall or shall soe cutt up any fish at sea ; and incase that any fish bee
soe considerably torne or wasted that a full quarter pte bee gone ;
then to pay but halfe a hogshead and for such inconsiderable peeces
of fish as are lesse than halfe they shall pay nothing ; and for the res-
edew of such fish or the produce of them as remaines the Countreyes
pte being discharged It shalbee freely att the dispose of such Townes
where it falls or for the benefett of such as cutt them upp ; if taken
or drift without such bounds as have bine formerly sett ; the same be-
ing still continewed.

The Court proposeth it as a thing they judge would be very co- The court recom-
mendable and beneficiall to the townes where Gods Providence shall of every whale
cast any whales; if they should agree to sett apart some pte of every appropriated^ for
such fish or oyle for the Incouragement of an able Godly Minnester ;!;^,L"t?P°" °^ '''*
amongst them.

Wheras great complaint is made of intollarable abuse in divers ptes
of this Gov'"ment by the bringing in of such great quantities of wine
and stronge waters by which great excesse is occationed both amongst
Indians and English ; and alsoe to prevent the abuse in trading pow-
der shott and ledd to the Indians ; It is enacted by the Court and the
authoritie therof, That whatsoever wine or strong waters powder whoever brings
shott or lead shall be brought into this Gov'ment by any boate, barke ^"|°e 'shot*^°&c^
or other vessell or into any plantation by any carrier or wasionor that Jopffsent an m-

J r J J o voice 01 the same

is knowne to them : the said master Carrior or wagoner shall within '" ^'"''' pefson as

^ _ _ the court shall ap-

three dayes of his arrivall or sooner if it be demannded of him ; give point-
in an Invoce of the same to such pson or psons as the Court shall
appoint therunto on penaltie of his forfeiting the valine of all such

136 LAWS OF THE [PART II.

goods the one third to the Informer and one third to the Collonie,
and a third to them that is appointed to invoce and such.

Moreover in case any master Carrier or wagoner shall have cause

to suspect any such goods may bee concealled in any Cask or sacke

amongst other goods ; It shalbee lavvfull for him to detaine it under

his charge untill hee have enformed the pson or psons appointed to

To whom the for- take care therof and authorized ; and incase any shalbee found that

fciturc sccruGs

hath bine so concealed it shalbee forfeited the one third to the Collo-
nie another third to the master or any other that shall enforme ; and
another third to the searcher and that all such psons as shalbee ap-
pointed to take Invoce of such goods shall give an accounte into
every of the generall Courts that soe they may enquire after and take
due course ; for the prevention of such abuse — And this Court doth
impower the JNFajestrates to take such eflectuall course against any
that they shall find to transgresse in this kind as they may incase of
other misdemeanors.
Distillers requir- And further the Court doth require all psons within this Gov''ment

ed to render an , i n -n • •

account of the that doc Or shall Still any stronge waters to give in an account unto

quan i y is i e . ^^^^ p^o^ appointed therunto of their disposall of them both of the
quantitie and the pson to whom sold on penaltie of his forfeiting the
valine of such liquors as hee shall not give in ; a third to the Collonie
a third to the enformer and a third to such psons as are appointed to
take Invoyce therof.

Excise on liquors It is enacted by the Court thatt all ordinary keepers or retaillers
of strong waters doe pay an excise of four pence a gallon for all such
liquors as are made in the Collonie and dravvne and retailled by them,
and eight pence a gallon for all such as they shall bring in or have
brought in to them from other ptes which they shall draw forth and
retaile as aforsaid : and that all retailers and ordinary keepers shall

Retailers to rcn- twise in the vcare viz : in the month of May and in the month of

der an account •' •'

twice a year to October ; give in to the Treasurer or his assiirnes a true account of

the treasurer. . . . ^

all such Liquors as they shall bringe in, or shalbee brought in unto

them and retailled as aforsaid upon the penaltie of paying a fine of

five pounds for any that shalbee brought in and not accounted for as

aforsaid.

Order aboutKen- Wheras it is given fordi that divers are unsatisfyed about the sale
nebeck. ° ...

of Kenebecke and that opportunitie is lately presented unto us for

the haveing of it againe the deputies haveing considered of the
p''mises, and finding noe way p''senting it selfe by the takeing of it
againe for the better advantage of the Collonie, have with one con-
sent agreed that they desire not to meddle with it againe but doe
ratify the sale therof.

PART II.] COLONY OF NEW PLYMOUTH. 137

The Treasurer is ordered by the Court to procure a booke of A hook or the

•' ' statutes ot Lng-

the Statutes of England for the use of the Collonie. land ordered.

Wheras complaint is made of some ordinary keepers in this Juris- £,°Jr''io'"^cil
diction that they doe allow psons to stay on the Lords daies drinking ^yinc or liquor on

•' ^ "^ _ _ the Lord's day,

in theire houses in the Intrimes of times betwixt the exercises es- exceiH—
pecially young psons and such as stand not in need therof : It is
enacted by the Court and the authoritie therof iliat noe ordinary
keeper in this Gov''ment shall draw any wine or liquor on the Lords
day for any except in case of nessesitie for the releife of those that
are sicke or faint or the like for theire refreshing ; on the penaltie of
paying a fine of ten shillings for every default.

It is ordered by the Court that the Generall training shalbce one The -cncral

-r-v 1 1 1 . ■\' .1 ,1 ^ • ^ iraiiiiiij^s, where

yeare at Duxborrow and another yeare att i armoutli ; that is to say ^yid.
every other yeare for the future att one of those tovvnes ; onely this
pi'sent yeare for speciall cause it is ordered to bee att Plymouth on
the third Wednesday in September next.

It is enacted by the Court that if any one of die foot souldiers of Penalty for being

•^ _ .... . absent from the

any milletary Companie of this Jurisdiction shall unnessesarily ex- generaltraiuings.

empt himselfe from appearance att the generall trainings att the time

and place appointed except in case of sickness lamenes Countrey

busines or the like shalbee fined five shill a day for every day they

shall soe neglect in case they cannot give a satisfactory reason therof

unto the milletary Comannder in cheife of that Companie and that

all such fines shalbee to the use of the Companie to which the de- -phe clause in

linquents doe belonge ; and these fines to bee as u-ell for the daies signed huhe'mar-

of marchina; out and home as for the daies of exercise in trainins:. S'" ° j''"r °!il?!'?^'

^ ^ J 'J o records in lOOl.

It is enacted by the Court that the whole troop of horse both they The troop of
and the voulenteers aded to them shall have the saine libertie that from foot service,
was graunted to those that were the first Troopers viz : to be freed
from foot service watching and warding ; and likewise theire horses
to bee rate free.

Wheras notwithstanding former orders that have bine made for the Rccommenda-

c 1 1 X !• 1 1 1 11 r ''°" '° ''•'^ towns

preventmg ot wrong done to the Indians by the horses and hoggs of to adopt meas-
the English ; it doth appeer that the Indians living in remote ptes rrIjiuy"'o"'he^in-
from any townshipes doe sustain much wrong by horses, and that the ^c"* '^'"'" ''"°^
English likewise may sustaine much damage in theire pticulares ther-
by ; the Court having seriously considered therof and finding some
Inconveniency in coming to a generall order about the same ; have
thought good to propose it to the severall townshipes of this Juris-
diction as a thinge much conserning them that such Townshipes
where such wrong is done : doe speedily take some course within
themselves about the same either by agreeing with the Indians to
IS

138 , LAWS OF THE [PART II.

healp them to fence theire Corn themselves where places are uncapa-
ble of fencing for want of stuffe or otherwise as shalbee found most
suitable to theire Condition ; to prevent future Inconveniencyes that
may come by theire neglect of the same.
The former or- Wheras the Court have formerly provided against the prophana-

ders about public _ j i a i i

worship, &c. to tion of the Saboth by iinnessesarily travelling on that day : and have

be observed. -ii-, .^ .

alsoe provided against the setting up of any publicke meeting without
allowance of the Gov''ment, This Court doth desire that the trans-
gression of these orders may bee carfully looked unto and p^'vented ;
if by any due course it may bee.
The constable to It jg enacted by the Court that the Cunstable in each Township

collect all hues . . , . ....

not exceeding in this GoVment shall rather in all fines that shall fall within his lib-

£5. . . ^

erties not exceeding five pounds, and to have two shillings on the
pound for gathering of them.
Taxes, how to jj Jg enacted by the Court That all psons lyable to be rated in

be assessed. •' i .^

every Towne of this Gov''ment be rated according to theire visable
estate and faculties that is according to theire faculties and p''sonall
abillities whether they are in lands ; both meddow lands improved
lands or dorinand lands appropriated ; or in catde goods or stocke
imployed in trading in boates barques &c. mills or other visible es-
tate but for the Incurragment of trafficke That it be order That
Barques Catches and biger vessells may not be rated above halfe
theire vallue dormond lands both upland and meddow to be rated for
every hundred acres according to forty shillings estate ; and if any
pson lay downe any pte of his propriety to the Comonage of the
Companie there associated together hee shalbee rated but for what
quantitie hee keepes his propriety in ; and concerning stockes im-
ployed in trading att home in and about the place where hee lives
shalbee rated onely for two thirds of such stockes soe improved ; as
thus one hundred and twenty pound stocke to be imployed in trading
shalbe rated for eighty pounds, and soe proportionable.

Concerning Dormond lands that the p''sons be rated for them in
such townshipes as the psons that ownes them inhabites.
Seiecimcn to be It is enacted by the Court 'J'hat in every Towne of this Jurisdlc-

chosen, who ma\' . , , , ^ /-< i i i i rn

hear and deter- tion there be three or five Celcclnicn chosen by the lownsmen out
sicT for sumI*'not of the frccmen such as shalbee approved by the Court ; for the bet-
exceeding 40s. ^^^. n-,anagi,ig of the afalrcs of the respective Townshipes ; and that
the Celectmcn in every towne or the major pte of them are heerby
impowcred to heare and delcrnn'ne all dcbtes and diflerences arising
between pson and pson within theire respective Tov^^nshipes not
exceeding forty shillings ; as alsoe they are heerby impowered to
heare and determine all differences arising betwixt any Indians and
the English of theire res])ective townshijtes about damage done in

PART II.] COLONY OF NEW PLYMOUTH. 139

Corne by the Covves swine or any other beastes belonging to the
Inhabitants of the said respective townshipes : and the determination
of the abovesaid difTerences not being satisfyed as was agreed, the
pty wronged to repaire to some IMajestrate for a warrant to receive
such award by distraint.

It is further enacted by the Court That the said Celectmen In May issue sum-

m • 111/-^ r I mouses in his

every Township approved by the Court or any of them shall have Majesty's name.
power to give forth sumons in his IMa'"^^ name to require any psons
complained of to attend the hearing of the case and to sumon wit-
nesses to give testimony upon that account and to determine of the
Controversyes according to legall evidence ; and that the psons com-
plaining shall serve the summons themselves upon the psons com-
plained against and in case of theire non appeerance to proceed on
notwithstanding in the hearing and determination of such controversy
as comes before them : and to have twelve pence apeece for every
award they agree upon.

It is likewise enacted by the Court that such Indians as plant in Indians planting

* corn in any town

any Township of this Jurisdiction ; that they shall cecure theire required to fence

Corne by sufficient fences from any damage that may come therunto

by any Cattle of the English amongst whom they dwell ; and for

such Indians as shall plant on theire owne land out of the bounds of

any township That the English are either to healp them in fencing

theire Corne or to satisfy for such damage as shalbe done unto them

by theire cattle or beastes therin.

It is enacted by the Court That all matters of misdemenior that Magistrates \o

■, . 1111 • r ■ 1 • • '''ke cognizance

the majestrates shall take cognizance ot without p'sentment by the of misdemeanors.
Grandenquest They have full power and determine them by fine or
otherwise as the nature of the offence may require as if p'"sented.

Forasmuch as noe house of Correction is yelt provided in this Any two magis-
Gov'"ment to receive and punish such as not onely live idley and nihie*offences ^^'
unproffitably but are not otherwise vicious and wicked in theire car- Sppi'ng,'&^.
ryage towards theire parents or otherwise, It is enacted by the Court
That any two Majestrates of this Jurisdiction haveing examined the
case shall have power any offender to be punished by stocking or
whipping according to the nature of the oflence.

Liberty is granted unto the major to admitt of soe many volunteers The major may
into the troop of horse as will make up the number of forty eight; Tnto thetroop^or
the Commission officers excepted and all such as contincw three ^°^^^'
years att the least.

140

LAWS OF THE

[part II.

1663.

Vag'aboncls to he
wjjipjied. 1661.

No liquors except
the English shall
be sold for more
than six shillings
a gallon.

Penalt}' for sell-
ing wine, (fcc,
without license.

No ordinary
keeper to allow
children or ser-
vants lo buy
£lrong liquors..

It is enacted by the Court and the authoritie thereof that if any
person or persons shall come into this government that according to
the law of England may justly bee accounted Vagabonds, the Mar-
shall or the Constable of the Towne whereunto they come shall ap-
prehend him or them and upon examination soe appearing, he shall
whip them or cause them to bee whipt with rodds, so as it exceed
not fifteen stripes and to give him or them a passe to depart the gov-
ernment and if any such person or persons shalbee found without
their passe, or not acting according thereunto they shalbee punished
again as formerly ; and in case any constable of this Jurisdiction
shalbee unwilling or cannot procure any to inflict the punishment
aforesaid, that then they shall bringe such persons to Plymouth to the
Under Marshall and he shall inflict it.

It is enacted by the Court that noe liquors bee sold in any pte of
this Govment that shall exceed in prise six shillings the gallon ex-
cept it bee English speritts.

It is enacted by the Court that whosoever shall sell any wine or
stronge waters in any towne of this Government being not alowed by
the Court shalbee fined five pounds to the use of the Collonie.

It is enacted by the Court and the authority thereof that noe ordi-
nary keeper in any towne in this Govi'ment shall permit any single
persons either children or servants under the Govi'ment of parents or
masters or any that are not housekeepers to buy any stronge liquors
or wine in their houses or where they have to doe without libertie
from theire parents or masters, upon the penaltie of paying a fine of
five shillings for every default.

OF SEARCHING EOATES FOR LIQUOR &:C.

Wheras great complaint is made of intollorable abuse in divers pts
of this Govment by the bringing in of soe great quantities of wine
and strong water by which great excesse is occationed both amongst
English and Indians ; It is enacted by the Court and the authoritie
thereof that whatsoever wine or strong waters shall be brought into
this Gov^nent by any boat, barque or other vessel or into any planta-
tion by any carrier waggoner or boates master, they or any of them
All persons bring- soe bringing in strong water or wine shall emediatcly upon their ariv-
infoThrcdo*ny to ^U beforc they break bulke or unload give in an Invoice dierof to
Se'samc!'^"'*^'' "^ sucli pcrson or persons as the Court shall appoint thereunto upon the

PART II.] COLONY OF NEW PLYMOUTH. 141

penaltie of forfeiting all such goods one third to the Collonie a
third to the enformer and a third to those that are appointed to in-
voyce and serch ; and in case the goods so forfeited shall appear not to
bee the masters of the vessell or the waggoners, the damage that shall
acrew to the owners of such goods slial bee made good by the said
master or waggoner, and in case any such goods shal bee brought into
any towne of this GoVment by any vessel or waggon, the master or
waggoner not knowing thereof; That then the forfeiture therof shall
fall upon the owner of such said goods and in case any such goods
shal bee in any man's custody that is not invoyced, they or the vallue
of them shal bee forfeited as aforesaid ; and in case any master of a ves-
sell or a waggoner shall arrive att such time as the persons appointed
to invoyce them are not att home That then it shalbee sufficient notice When the person

./.,.] , 1 /• 1 appointed to re-

given il the said master or waggoner leave a note thereof att the ceiVe the invoice
house of the said person deputed with his wife or some other of des- l^,fe Ts"sirfficient!
cretion in his family ; and in case any master carrier or waggoner
shall have cause to suspect any such goods may be concealed in any
caske or sacke amongst other goods ; it shalbee lawful for him to de-
taine it under his hand untill bee have enforraed the person or persons
appointed to take care thereof in whose power it shalbee to open and
serch the same ; and in case any shalbee found that hath bine so con-
cealed it shall be forfeited one third to the Collonie one third to the
master and another third to the sercher ; Morover all such as are ap-
pointed to invoyce such goods are authorized by the Court to serch any
man's boate house or waggon for such goods as occasion shall re-
quire and in case any shall be found that hath bine so concealed, It
shalbee forfeited as aforesaid and that all such persons as shalbee ap-
pointed to take invoyce of such goods shall give an account unto
every of the Generall Courts, that so the Court of Majestrates may ^ii after the
as they shall see cause enquire after the orderly dispose of such wines couri^s" w^s^add!
or strong liquors wherein if they have not a satisfactory answare they edJuiy lo, 1677.
may inflict such suitable penalty by fine or otherwise on such abusive
disorderly disposers thereof as they may judge requisett for remedy
of that abuse.

It is enacted by die Court that whosoever shall by pound breach Penalty forpound
lett out any beast or cattle lawfuly impounded shall pay a fine of fifty
shillings for every such default.

It is enacted by the Court that noe man shall make any particulare None to use the

r riTT 11 -1 1 ri/^ Indians' lands

use 01 any ot the Indians lands without leave oi the Court. without leave of

It is enacted by the Court, that if any Indian or Indians shall be """^'^
found drunke in any township of this GoVment : That they be forth- drunk"to be" et in
with taken by the constable of the towne and sett in the stockes ; and ^^^ ^^^'^^^'

142

LAWS OF THE

[part II.

Bounty on
wolves to be
paid the Indians
in wampam.

that if any liquors shalbee found with the Indians that it he forfeit to
the use of the GoVment, and that it shalbee lawful for any man to
seize any Indian found drunke or any liquors found with the Indians
and bring him or it to the constable to be ordered and disposed of as
aforesaid, unless any Indian shall make it appeer that hee hath such
liquors according to order of Court. And the said Indians that shal-
bee sett in the stockes as above said shall defray the charge therof
which is two shillings and six pence a time for every of them.

In reference unto such woulves as are or shalbee killed by the
Indians the Collonie being out of stocke It is ordered by the
Court That a p'"sele of wampam in the Treasurers Custody shalbe
devided and put into the hands of Leiftenant Freeman Leiftenant
Hunt and the Treasurer for the paying of the Indians fifteen shillings
p'' head, they bringing theire head when the pay is demaunded and
these men to give an account this time twelve month what they shall
disburse on this account ; and if any of them shall disburse more
then the peage comitted to them ; then they to be repayed againe
either by rate or otherwise.
No new settle- jj jg enacted by the Court and the authoritie therof conserning

ments to be made ^ t.t -ni • • i i i • i j

unless by a suf- the settlcHig of New Plantations m an orderly way that notwithstand-

ficient number to . r ^ i . ■ i .. • i i j i

support public ing the graunt of lands to any pi^ticular p^sons mease such lands lye
soe remote as the Inhabitants therof cannot ordinaryly frequent any
place of publicke worship That then noe person be admitted after
the date heerof to goe to inhabite upon any such Lands without such
a competent com panic or number of Inhabitants as the Court shall
judge meet to begine a societie as may in a measure carry on thinges
in a satisfactory way both to Civill and Religious respects ; and for
the more comfortable carrying on therof: It is further ordered that
such pson or psons as shall have the graunt of such lands about such
places and will neither att the pi'sent live on them themselves nor
sell nor lett them to others that would : that then such lands not yett
inhabited att the begining or progresse of such societies shalbe lyable
to be rated in some meet proportion towards the defraying of such
nessesary charges as shall arise either on civill or religious respects
as abovesaid especially respecting an able godly minnester in such
place or places :

Alsoe for such places alreddy begun with an inconsiderable num-
ber viz : Saconeesett Acushenett &.c that it bee comanded unto
them to apply themselves in some efiectuall way for the increase of
theire number as they may carry on thinges to better satisfaction both
in civill and religious respects especially that they indeavor to pro-
cure an able Godly man for the dispensing of Gods word amongst

worship.

Vacant lands,
when taxed.

Lands in Sacon-
eesett. &c. to be
taxed for the
support of public
worship.

PART II.] COLONY OF NEW PLYMOUTH. 143

them ; and for tlieire quickening and Incourngement therin, this
Court doth order That all such lands as are within iheire respective
places though not inhabited shalbee lyable to be rated in some mea-
sure of proi)Oition for the defraying of such charges as shall nesses-
arily arise concerning the pi'niises :

And for the quickening and Incurragement of the well affected in
the towne of Sandwich or any other plantation within this Gov'"ment
whoe shalbe active this way ; this Court takeing into theire serious
consideration the great need therof in every plantation as to the prop-
agation of the Gospell and florishing of religion the great and knowne
end of our transplanting into these ptes of the world as alsoe of the
graunt of competent quantities of lands to the respective plantations ;
and therfore according to their duties incombent on them ; doe heer-
by declare theire reddiness to assist such well affected as afforsaid ;
by puting forth theire power wher ther shalbe need for the raiseine of "^'^^ ^°".''' ^^'

•' ' ^ ' " press their readi-

comfortable and competent maintainance for such able faithfull men "ess to aid new

plantations in the

as shalbee procured in such Townships and make it theire worke to support of public
attend upon the minnestry of the word of God amongst them ; from
all such respective Inhabitants as shall inhabite any such lands accord-
ing to such former order as by the Court is alreddy provided in such
case.

It is proposed by the Court unto the severall Townshipes of this Kecommenda-

T . T • 1 • I • I • • • 1 *'°" '° '''^ towns

Jurisdiction as a thinge they ought to take mto theire serious consid- to adopt meas-

rni 111- 1 "res for tlie sup-

eration 1 hat some course may be taken that in every towne there port of schools.

may be a Scoolmaster sett up to traine up children to reading and

writing.

It is enacted by the Court and the authoritie therof that all ordina- Excise on liq-
ry keepers or retaylers of strong waters doe pay an excise of six 1661.
pence a gallon for all such liquors as are made in the Collonie and
drawne forth and retailed by them and twelve pence a gallon for all
such as they bring in or have brought in unto them from other ptes
and eight pence a gallon for all wine that shalbe brought in and re-
tailled as aforsaid and that those that are appointed in each towne to
looke after the law concerning excessive bringing liqours into the
Gov''ment shall alsoe take up the excise ; and to have two pence a
gallon for all liquors destilled in the Gov''ment and four pence a gal-
lon for all such as shalbee brought into the Gov''ment and two pence
a gallon for all wine that is brought in and retailled as aforsaid and
that all such retaillers or ordinary keepers shall make payment of the
said Excise unto those that are appointed to receive it ; att the same
time that they bring in such wine or liqours or that it is brought in
unto them ; or give a bill under theire hand for the payment therof

144

LAWS OF THE

[part II.

in some short time after ; upon the penallie of paying a fine of five
pounds for any that shalbee brought in and not excised or securitie
given for the payment therof as aforsaid ; And if any one chosen
shall refuse to serve hee shalbee fined forty shillings to the use of the
Collonie.

Receivers of the The names of the Receivers of the Excise in each Towne.

Plymouth

Duxbur.
Scittuate

Sandwich

Taunton

Yarmouth

John Morton
William Harlow
Benjamin Bartlett
Edvv. Jenkins
John Daman
James SkifFe
Thomas Tobey
James Walker
Francis Smith
Mr. Hawes
Rich: Tayler.

Barnesta. Henery Cobb

Nathaniel Bourne
Marshfield John Bourne

Rehoboth

Eastham

Leiftenant Hunt
Richard Bnllocke

John Done Jun^
Willam Walker

Bridgwater John Willis.

Treasurer's
account.

Towns may Whcras the Towne of Scittuate prefered a petition to this Court

choose affents to . i i m i • i i

examine the rcquestmg that the i reasurers accompt may be more pticularly sent
to the severall Townshipes of this Jurisdiction : The Court have
ordered That henceforth att every election Court ; any of the
Towns aforsaid may if they please to send any meet pson to joyne
with others to take the Treasurers accompt ; and soe to acquaint
theire respective towns wherwith in as p''ticular a manor as may be ;
which we hope may satisfy.

1664.

An address voted
to his Majesty
for a confirma-
tion of the Pa-
tent.

At the Generall Court of election held att Plymouth the S'^ day
of June 1G64.

The body of freemen of this Corporation being assembled it was
agreed and voaled by them that an addresse shalbee made unto his
Ma^'*^ for the further confeirmaiion of our Pattent with as much con-
veniency as may bee ; and for the management and ordering of mat-
ters conserning it both for the raiscing of moneyes and appointing of
men to bee imployed therin. The Countrey have refered the same
to the Court of Majestrates and deputies.

PART II.] COLONY OF NEW PLYMOUTH. 145

The body of the freemen of this Corporation beina: assembled in Kosoivc lomain-
Court ; have ordered ; and doe heerby declare theire resolutions to lo iimir lands,
maintaine theire just rightes which for many yeares they have bine
possessed of in all those lands from Cape Codd to Saconett point
with Pochassett Causumsett and the lands about Rehoboth to Pa-
tuckett River and as far up the said River till wee meet the Massa-
chusetts line which crosses the said River and thence to Coahassett
as the line runs.

And that incase any pson or psons bee seated or shall seat them- Persons cominj^

upon tlicm will)-

selves within any the said lands or cause any cattle to bee brought om icnvo to be

.,.,.,,, , . ,„ • 1 removed.

within the said bounds or otherwise acte to our i reaspas without
leave from this Gov^ment and not withdraw after warning given them ;
that then some effectual course be taken for the removall of them.

And for that end it was likewise voated by the said Court that Letters directed

to be sent to K.

letters should bee directed from this Generall Court to the GoV and island for the
Councell of Road Hand for the asserting of our just rightes as afor- sening their
said; and that they would imploy theire interest over such tore- ''
claime them as have thrust in upon us neare to Pochasett or
elswhere.

This Court takeing notice that there is a very great defect of an- Constables di-

!/-,,, . • , - .-, ,• , , 1- reeled to collect

pearance att the Generall trainings and that hitlierto nothing hath bine military lines,

, rr 11 • r i ri i-r when ordered by

done enectually in reterence unto the troopers lor the gathering of the major or cap-
theire fines ; This Court doth order that such fines as are' by the
troop settled for defect of appearance att any Generall Training that
upon an order fiom the Major or the Captaine of the Troope the
Constables of such Townes where any such defects are, shall forth-
with collect the fine in some good and current pay and soe much
besides as may transport it unto the Clarke or some place that bee
shall appoint for the receiving of it.

It is alsoe enacted by the Court that noe Trooper whilest bee n^ , romper per-
stands listed in the Troope shall att any time put away or dispose of "}' hfs\!orse?°*°
his Trooping horse unlesse bee have some other horse that is ap-
proved by some of the Comission officers of the Troop on penaltie
of double the fine of non appeerance.

Moreover it is enacted by the Court That sufficient warning being No excuse for

• c Hi 1 • i- 1 11 non-appearance

given ot a generaJl muster ; noe busmes or occations by sea or land ; a, the o-enerai
if in the Countrey shall excuse non appeerance theratt ; nor any |"^J"^'p'f,''p°p''° ^
thinge but sicknes lamnes or Countrey service.

Wheras the Clarke of each milletarv Companie of this .Turisdic- Military fines,

1 1 • 11 /. 'i • 1 I 11 I 1 how collected.

tion IS required to gather in ail fines which are or slialbee belong to
theire Companie. It is enacted by the Court and the authorilie
therof That incase any shall refuse to pay any such as are or shalbe
19

146 LAWS OF THE [PART II.

orderly amersed. That the said Clarke is heerby authorized by des-
tresse to levy all such fines by vertue of his said office without any
further order.

1665.

Acts and orders made and concluded by the Generall Court of
Majestrates and Deputies assembled at Plymouth the eleventh day
of October 16G5.
The Governor to Wheras in regard of the remoter distance of our honored Gov"" his
former habitation and being the Countrey saw reason to desire and
request his removall unto the towne of Plymouth for the more con-
venient administration of Justice ; and that by God's Providence
hee is now removed to his great Inconveniency and detriment ; — ■
This Court have ordered and doe unanimously agree to alow unto
him the sume of fifty pounds p annum soe long as hee shall remaine
in the place of Gov. And wheras hee is resident in a place pur-
chased by the Countrey for that end This Court have likewise or-
dered that incase hee shall decease att any time while hee is in the
place of Gov'' and inhabiteing the said seat or being ; that then his
family shall and may without molestation continew in the said place
or seat for the full tearme of one yeare after his decease att the least ;
and likewise that incase there should bee any alteration that any other
should bee chosen to the place of Gov whiles hee liveth that hee
shall and may notwithstanding remaine in the said place without
molestation for the full tearme of one year after such alteration at
the least.
The old magis- In reference unto the more comfortable carying on of Gov''ment
lowed £10 per It is euactcd by the Court that the Countrey proceeding on in theire
Repealed July 5 election of Assistants as formerly ; such of the old majestrates as
^*^^^- shalbee chosen that they bee alowed each ten pounds a yeare and

the charge of theire table defrayed soe many of them as shall serve
in that place ;
New magistrates And for such as shalbce chosen that have not formerly served that
charge of their they bee allovvcd onely the charge of theire table.
Rcpt'aied July 5, -^"^ iucase any shalbee chosen and shall refuse to serve hee shal-
^^^^" bee fined five pounds to the use of the Collonie.

Penally for re- • i • ii i r i

fusing to serve. It is enacted by the Court that both that which is allowed for the
Sie^magiTir'^a'tes charge of the Majcslratcs Table and likewise that which is allowed
dc^&c "^''*^ ^^^^"^ ^-"y ^^'^y ^^ sallary shalbee transferred into the custody of the

\^ . /<_/ . v^

Vwi-X^

/

PART II.] COLONV^ OF iNEW PLYMOUTH. 147

Treasurer and that which is to bee for the charge of theire Table it
bee payed in specye according unto former order concerning the
same, and wheras the sume of five pounds therof was formerly to
bee payed in money to the Treasurer as pte of the said pay ; that
this yeare the said five pounds bee payed in money to be raised out
of the oyle that shalbee due lo the Countrey ; and the Treasurer to
make up the said five pounds upon account in oiher j)ay in leiw
therof unto the Countrey.

It is enacied by the court that such as shalbee sentenced by the Persons senicnc-

f~A r- 1 /-I 1 11 • o- • • • ed to pay a fine to

Oourt to pay any fine to the Country shall give sumcient securitie give security for
unto the Treasurer for the same before bee depart the Court and in they^ieave ihe"'^^
case bee refuse shalbee comitted untill bee soe doe. '^°"'^''

It is enacted by the Court that any pson that shalbee supenaed to A witness to have

, r^ Txr- • I 11 1 I •! 2s and 6a' per day.

appeer att the Court as a VVitnes in a case shalbee payed two shil-
lings and sixpence a day.
V It is enacted by the Court that a Constable bee alowed twelve Constable to have

\ 12c/ for lliG service

A pence for the serveing of a summons ; and two shillinges and six of a summons &c.

:^ pence for an attachment.

\ Wheras complaint it made unto the Court of great abuse in sundry Persons staying

"^ ~,.-p.,.., I'li-i 1 out of the meet-

>^ townes 01 this Jurisdiction by psons tlieire behaving themselves pro- ing-house in time
\^ phanely by being without dores att the meeting house on the Lords °o be'setTn^he
^ daies in time of exercise and there misdemeaning themselves by ^'°'^''^-
^ jesting sleeping or the like ; It is enacted by the Court and heerby
ordered that the Constables of each Township of this Jurisdiction
'j shall in their respective townes ; take speciall notice of such psons
and to admonish them ; and if notwithstanding they shall psist on in
^ such practices that bee shall sett them in the stockes and incase this
. will not reclaime them that they returne theire names to the Court.
-\ It is enacted by the Court that what Comissions have bine former- Commissions to

^ 1 1 1 1 /-I 1 1 1 r I /^ purcliase land of

p-* ly graunted by the Court to any to purchase land lor the Countrey twelve months

C" bearing date above twelve monthes from this psent Court ; bee call-

"^ ed in and bee of none effect as to future improvement.

"~~-^-) It is enacted by the Court That in every Township within this Two wolf traps to
GoVment there bee two sufficient woulfe trapps made betwixt this town. '
date and the first of March next and to bee constantly baited and
dayly attended upon the penaltie of five pounds on each Townshipp
as are neglegent and defective therein to bee payed to the Collonie.

It is enacted by the Court that noe master of a family shall make No master of a
or cause to bee made within this Gov^nent above the number of six- more'^than loliar^
teen barrells of Tarr for this following yeare under the penaltie of ''^''^ ""^ ^''"'"
three shillings p barrell forfeite to the Collonie ; and every single pson
is heerby prohibited from makeing any Tarr directly or indirectly for

148 LAWS OF THE [PART II.

this following yeare under the aforsaid penaltie ; and this order to take
place from the first of March next ensueing the date heerof.
The order about -phe order prohibiting the selling of Powder and Shott to the In-

the selling of pow- _ _ ' '-' ^

der and shot re- dians is repealed.

Foras much as that notwithstanding all former orders abuse by
Excise to be paid strong liouors ; there is great quantities brought in; to the great pre-

on all liquors • ,- /■ i /-i t • i i • ^ r i i

brought into the judice oi the (jiov''ment — it is by this Court iuriher enacted as an

same shall be for- addition to former orders respecting Liquors That all strong waters

' that are brought into this Collonie by private psons or for theire

use shalbee excised as well as what is drawne in publicke houses ;

and for the Incurragement of such men as in each Township are or

One half of the shalbee appointed to serch or enquire after abuse or breach of order

true to the infor- respecting liquors the Court doth alow unto them the one halfe of all

^^'^' such forfeitures and confiscations as shall arise in that towne by any

breach of order respecting the same and the like alowance shalbee

made to any other that shall discover such abuse and that they may

more carefully attend theire charge the Court doth require them to

Any person may take Oath to bee faithfull and careful! respecting the p''mises.

seize any liquors . . ,.,.,„ n i • i- t i

;n the possession Wheras It IS prohibited lor any to sell trad or give liquors directly

jOf an Indiaii, <fcc.

or indirectly to the Indians ; the Court conceiving that if any Indian
or Indians have any ; that they must have it in some eregular way ;
This Court therfore orders That if any man either English or Indian
shall find any Indian or Indians haveing or carrying any liquors It
shalbee lawful! for him to appreliend the said Indian or Indians and
seize on the said liquors as stollen goods until! the said Indian or In-
dians make it justly appeer before some Majestrate or the Selectmen
of that Township of whom and wher and how they had the same,
and for theire paines that any expend in the pi'mises they shalbee
alowed the one halfe of the said hquors soe apprehended or the vallue
of it.

1666.

Actes and orders made and concluded the seventh day of June

Anno Dom. 1666.

Eaies when and It is enacted by the Court and the authortie therof That the war-
bow they are to . it/-. r i i • • •
Lepaid. rants bee issued out yearly irom the June Courts lor the bringing in

of the rates for publicke charges of the Countrey ; and the severall
sumes to bee delivered to the Treasurer or att Boston or att Ply-
mouth as hee shall appoint ; by the first weeke of November and the

PART II.] COLONY OF NEW PLYMOUTH. 149

Constables to have the receipts by the foremencioned time ; and each
Constable is heerby impowered to presse boates or Cartes with oxen
or horses ; and the boates Cartes oxen and horses to bee payed for
fraighting and carriage according to the ordinary prise for carrying
goods or corne upon other occations for theire naighbours and for
the kinds of pay to accomplish this designe for the Countreyes occa-
sions the one third pte is to bee in wheate or porke or both one other
third pte in barly or butter or both and the other third pte in beife
Indian Corne pease or rye or any of these or some pte in Tarr pro-
vided it exceed not a third pte of the last third.

It is enacted by the Court and the authority therof That all debtes Debts shall be

1 • 1 /• 1 • 1 11 I 1 11 paid in the specie

shaibee payed m the specye lor which a man doth agree and tliat all lor which agree-
damages which shall arise according to the Judgment of the Court made. ^^
upon occasions of debt defamation or treaspas shaibee payed in any
good current Countrey pay at prise current.

It is enacted by the Court and the authorite therof that henceforth No deeds, mort-

1-1 1 I Ti 1 r 1 /^i -11 gages, &c., to be

nothinge bee entered upon the Kecord ot the Court respectmg Jands recorded unless

f. , 1 1 1 ^ executed before

m relerence to exchanges morgages leases or other conveyances but witnesses and ac-
such as shaibee under hand and seale before witnesses and that all forramfgiltrate'.
such deeds be exhibited to a majestrale according to order and that
the said Majestrate endorse theron and the same alsoe to bee entered
and noe other.

It is enacted by the Court and the authoritie therof That all sales ah conveyances

, , , .of land, not ac-

g exchanges leases morgages or other conveyances whatsoever knowiedged be-

of any houses or lands heerafter made or to be made which shall not o°r'^some of tife a°-
be acknowlidged within six months after die makeing therof before the ^^o^'hs fVom'date
Gov"" or some one of the Assistants shaibee accounted null and void '" '^^ ^""^ ^^'

cept —

in law ; except such lands as by the will or testament of any man
disposed which may not have convenient oppertunitie of acknowlidg-
ment therof befor a Majestrate.

It enacted by the Court and the authoritie therof that there shal- Three courts to

111/-. -1 r 1 11 /• IT- be held each year

bee but three Courts in the yeare lor the tryall ot causes by Jury viz. for the trial of
The first Tusday in March the first Tusday in July and the last courts ' may be
Tusday in October annually ; alwayes provided it shaibee lawfull on if^iiec"essary!"""
speciall occations which shalbe judged of by the Gov'' and two of
the Assistants for any either of our owne Collonie or others to pur-
chase a Court in the Interems of time betwixt the said Courtes ; and
that there shaibee att every such Court the Gov"" and three of the To be held by the

TV, . c 1 1 1 11 /^ Governor and at

Majestrates at the least and that hencetorth there shaibee noe Uourtes least three magis-
of Assistants except the Gov'' on speciall occation shall see reason to
summon such a Court ; and it is further enacted by the Court that Selectmen to try
all tryalls under forty shillinges shaibee tryed by the Selectmen shiilings.
and that none under forty shillings shallbee tryed att the aforsaid

150 LAWS OF THE [PART If.

Courtes except incases of appeale from any of the respective
Townes.
One or two se- Jt jg enacted by the Court and the authoritie therof That one or

lectmeii whom the -^

court shall ap- tvvo of the Selectmen whom the Court shall appoint in each Town-
point may admin- 111- 11-
ister oaths and ship of this Jurisdiction bee heerby impowered to adrninnester an

grant executions i • n • i i i • c

in certain cases, oath in all cases comittcd to them as alsoe to graunt an execution tor
such psons as neglect or refuse to pay theire just dues according to
the verdicte of the said psons ; and that the said Selectmen in every
towne bee under oath for the true pi^formance of theire office ; and
if any pson finds himselfe agreived with the verdict of the said Se-

Appeais allowed. Jectmen ; Then they have theire liberty to appeale to the next Court
of his Ma'i'^ holden att Plymouth provided that forthwith they put in
Cecuritie to prosecute the appeale to effect and alsoe enter the grounds
of theire apeale ; and incase any towne doe neglect to chose and p''sent

Penalty on towns such yearly unto the Courts of Election; That every such Towne

choo"se^e*iecimeii! shalbec lyable to pay a fine of five pounds to the Countreyes use.

THE OATH OF A CELECTMAN.

You shall according to the measure of wisdom and discretion God

hath given you faithfully and impartially try all such cases between

pty and pty brought before you ; as alsoe give sumons respecting youer

trust according to order of the Court as a Celectman of the Towne

of for this present yeare — soe healp &c.

Selectmen to take Jt is enacted by the Court That the Celectmen in every Town-
notice of such as .
reside in the coio- ship of this Gov'ment shall take notice of all such psons that are or

and to warn such shall como into any of the Townships without the approbation of the
court' foir permis- GoV and two of the Assistants according to order of the Court and
^"'°* the said Celectmen shall warne the said psons to aply themselves for

approbation according to order ; which if they shall refuse or neglect ;
the said Celectmen are heerby impowered to require the pson or psons
to appeer att the next Court to bee holden att Plymouth and to re-
quire Cecuritie for theire appeerance which if any refuse to doe the
said Celectmen shall informe the Constable of the Towne where hee
liveth which said Constable shall forthwith carry the said pson or psons
before the Gov"" or some one of the Assistants of this Gov''ment.
Selectmen reqiiir- Whcrcas the Court takes notice of great neglect of frequenting the
as abscnT^he"n- publicke worship of God upon the Lords day ; it is enacted by the
selves from public Qq^j,.j ^^^ j|-,g authoritic thcrof That the Celectmen in each Town-

worship and re-
port their names shine of tliis GoVmcnt shall take notice of such in there Townshipps

lo the court. ' _ *

as neglect through prophannes and slothfulnes to come to the publicke
worship of God; and shall require an account of them; and if they
give them not satisfaction that then they rcturne theire names to the
Court.

PART II.] COLONY OF NEW PLYMOUTH. 151

It is enacted by the Court that henceforth the Majestrates bee not The magistrates

to be no longer

freed from Coiintrey rates or charges. exempt from

It is enacted by the Court That noe horse or horse kind shalbee j^^ jj^j.^^ ^^ i^^
driven or carryed out of any Township of this Gov''rnent by any '''■'^'*'" °.",' °'^^">'

•' •' i J J town without the

pson or psons that are not of the said towne without the consent of consent of the

1 • f \ r owner.

the owner therof under the penaUie of five pounds for every such
horse beast.

Wheras complaint is made of the Indians theire steahng of tiie No Indian shall

f^ive any ear

hoggs of the English and makeing sale of them and conceding of mark to his swine.

them by ciiting of theire eares &c. It is enacted by the Court and

the authoritie therof That henceforth noe Indian shall give any eare

marke to his swine upon the penally of the forfeiture of such swine

the one halfe to him that shall seize on them ; and the other halfe to

the Countrey except bee bringe true testimony where bee had such

swine soe marked before a Majestrate or the Celectmen ; and that

the Indians have due notice heerof ; and this order to take place

from October next.

Memorandum, that the Receivers of the excise in each Township The receivers of
of this Gov^ment are freed from theire office by the Court and that charged.
the Treasurer hath liberty to lett it forth in the behalfe of the 2,*igg7.^ "^
Countrey.

1667.

Att the 2<^°"^' session of the Generall Court holden at Plymouth
the 2'=°"^i of July 1667.

It was enacted by the Court That noe pson or psons shall sell None except or-

• _ ... dinary keepers

any Cyder to any Indian under the penaltie of ten shillinges for every to sefi cider to
such default ; ordin ry keepers excepted for the moderate refresh-
ment of Travellers ; and that none be alowed to sell any Cyder by
retaile to any English without lycence on the same penaliie as in like
case of selling liquois is provided and that none allow any psons to
spend theire time by tippleing of Cyder Liquors &c. in theire houses,
and that incase any Cyder be found in the Costody of any Indians
it shalbe lawfuU for any man to take it away from them.

It is enacted by the Court, That fifty pounds yearly be alowed to Allowance of

1 • I 11 r 1 r II 1 -1 ^^'^ P^"" annum

such assistants as snail lor tiie luture be chosen and serve m that and the charge
place, and the charge of theire Table bee defrayed. the Assistants.

In reference to milletary concernments it is enacted by the Court

J52 LAWS OF THE [PART II.

No single per- that noe single psons under twenty yeares of age either children or
yeTrs^or'agl^i- servants shall voate as to that accompt or any that are not settled In-
Saryai^rs.'" habitants of that place and have taken the oath of fidelitie.
No fine to be re- It is enacted by the Court that such as comitt fornication or comon

ceived from for- r- i • i r i r i • r 'ii

nicators or drunkards that noe fine be received irom them lor then- lact untili

convicled. ' they have bin convicted therof before the Court unlesse some un-
avoidable Impediment shall hinder theire appeerance theratt.
Persons whose It is enacted by the Court That the Townsmen or p''ticular psons
^'iheTand^of the wliosc horscs or any cattle doe treaspas upon the Indians upon theire
i'd'ii'emt mak° owne lands out of Townshipes by spoiling their Corn ; shall agree
ing fences or to j^j^ ^|-|gj^^ {-qj. ^}-,g prggvation thcrof Or to healp them to fence ; and

pay damages. ' '

incase they shall neglect soe to doe ; they shall pay the full damage
that shall come by theire Cattle soe trespasing.
Surveyors of It is enacted by the Court That whoesoever are or shalbee chosen

defaracciunt!"' to be surveyors of the highwaies shall att the expiration of the yeare
give an account of theire actinges about the highw-aies to the Select-
men of that Towne.
Constables, who It is enacted by the Court that such Constables which doe or
in rales a^ direct- shall ncglcct to bring in the rates according to times appointed That
ao-es." ^^^ ^"'' whatsoever damage shalbe sustained therby shalbee payed and made

good by such Constable or Constables.
The Indians not It is enacted by the Court that the Indians be prohibited to make

allowed to make r ^ ^ ^.^ i ^ • • .l ^l T? _

use of any horses, any ^'se ol any horses neat cattle or hoggs appertaming to the -b.ng-
itsh kmed'ly ac- ^'^"^ which may be waived or otherwise killed by any accident untili
cident without ^j-jgy [i^ye libertic from the owners of such cattle soe to doe.
No powder or The order prohibiting selling of powder and shot to the Indians

shot to be sold to • j j » u^^ k„,i

the Indians. rcvivcd and established.

?u7'^']669 ^°"'"' ^^ '^^ enacted by the Court, That incase any Indian or Indians
shalbee found to have any powder or shott armes or liquors and will
or doth affeirme that they had it of this or that pson of the English ;
if the said pson shall upon his oath testify and afieirme That hee or
shee hath not sold given or healped the said Indian or Indians unto

A person accused ^^c Said powder or shott or liquors they shalbe accompted to bee

of selling powder, ^ j clcarc of the Said fact or otherwise to be rendered guilty

&c. to Indians, "^^ o ./

may discharge g^j [q \^q procccuted accordingly ; and this tryall to be before either

himself by oath. ' o j ^ j

a magestrate or one of the Celectmen of the Towne appointed to

give an oath.
No lands to bo ^^ '^ cuacted by the Court That henceforth noe more lands be

granted for seven p;i-Qunted to psons without tlic pticulare Townships for the tearme of

years witlioul tiie o 1 i i

limits of any scavcu ycarcs.

townsliip. •'

Estates taken by It is cnacted by the Court That in such Townshipes where occa-
mfnlste^r t^be' de- tion arisclh for the descressing upon the estates of any for the min-

PART II.] COLONY OF NEW PLYMOUTH. 1 58

nester such estate soe destressed shall by the Constable of that Hvcred (o sn.h
Tovvne be delivered to such of the tovvne as sliall)e appoiuted, and lowu may ap-

1 II 1 1 point.

in defect therof to such as by two majestrates slialbe ordered to re-
ceive it and to dispose of it as they shall see cause.

inli nrp nnf n<: vptt Boumlarics td
lis bctwcpi!

It is enacted by the Court That the lands which are not as yett Boumlancs w

bounded betwixt the English and the Indians may be bounded and English and in-

° _ •' dioHs (o be fixed

mutually agreed on by both p ties. hymuuiai cou-

It was concluded by the Court that a proposition shalhe made -pi,g" Q^^^t re-

from the Court to the sevei'all Townshipes of this Jurisdiction in {^"^l^^^"'^^ ^^^''^

reference to a Collection or Contribution to be made towards the •y*''^'''^ ^.'■""'^'"■,

tion to ilclray the

defraying of the charge of the printins; of the History of Gods dis- expense of print-

•^ . , . . . . . ill!? ll'c History

pensations towards N. E. in generall in speciall towards this collonie. of N. Engianti.

1668.

It is enacted by the Court and the authoritie therof that noe knotts Penalty for gaifi
be henceforth gathered by any either English or Indians to make making- lar after
tarr of them ; and that noe tarr be made by any either English or Ucponied June
Indian within this Gov'"ment from the sixteenth day of July next, on ' ^' '
the penaltie of the forfeiture of all such knotts or tarr, the one halfe
therof to the Informer and the other halfe to the use of the Collonie.

Wheras great complaint is made of great abuse by reason of fish- Massachaseits

, 1 /• I • c ^ r \ • ^ requested to

ermen that are strangers who hsliing on some oi the nshing ground use means to

on our coast in Catches dresing and splitting theire fish aboard through (Vom fismng- on

prevent strangcr.-t
irom fishing on
the coast of tho

theire Garbidg overboard to the great anoyance of fish which hath colons
any may prove greatly detrementall to the Countrey ; it is ordered
by the Court that something be directed from this Court to the Court
of the Massachusetts to request them to take some efFectuall course
for the restraint of such abuse as much as may bee.

It is ordered by the Court that there shalbe a Generall Training A general traift-

ing ordered onco

of both horse and foot att the Towne of Plymouth in the second in three years,
weeke of October 1669 and once in three yeare for the future, the
places to bee att Plymouth Taunton and Yarmouth successively
that is to say this first att Plymouth as aforsaid the second att Taun-
ton and the third att Yarmouth att the time of the yeare above mer^
sioned and that every fierman be provided with two pound of powder
against the time appointed to be improved in the said expeditions
and exercises alt the Townes charge.

An acte for the prevension of the diversion of the execution of
Justice by fraud or coven ;
20

154 LAWS OF THE [PART II.

Where estate] That where an estate cannot be found to satisfy any fine or mult

cannot be found, , i /-> • i i • i •

the body may be clue unto tliB Countrey or to answare a judgment obtamed against

arrested on exc- ^ i • i • r mi c /- i

eaiion. a"3^ psons att the pticulare suite oi any ; Ihe pson ol any soe fined

or cast in law shalbe cecured to be responsable therunto.
purchas!rTa*iids'° ^^ '^ Ordered by the Court and the authoritie therof That noe
ol' the Indians at pgon neither Inhabitant of this Jurisdiction nor any other shall att

Mount Hope,&c. '■ _ •'

any time either by vertue of libertie from the Court to purchase
lands of the Indians or upon any pretence whatsoever shalbe suffered
to buy or receive in any way of the Indians any of those lands that
appertaine unto Mount hope or Cawsumsett necke or any other such
neckes or tracts of land as there is a body of Indians upon, and the
Court shall judge they cannot live without.
Highways to be It is enacted by the Court That all the Kinges highwaies within

this Gov''ment shalbe forty foot in breadth att the least.

The towns re- In reference unto the proposition made to the Court concerning

pres^s*^an "optnion the makeing of provision for the Cecuring of such lands as are held

by°dlJbtfS Me. ^Y ^oubtfull title It is refered and heerby presented to the serious

consideration of the severall Townes of this Jurisdiction to send in

theire Judgments and proposalls concerning the same unto the next

Court of Election.

Fees for taking It js ordered by the Court That wheras the recognizance for the

and discharging _ ...

recognizances, good beliavior the fees therof was formerly four shillings the takeing
and foure shillings the releasing ; That henceforth it shalbe two shil-
lings and sixpence the takeing and two shillinges and sixpence re-
leasing.
1658. It is enacted by the Court and the authoritie thereof that in case

there shalbee occasion for a corroner that the next Majestrate where
such accedent falls shill sitt as corroner and execute that office ac-
cording to Custome of England as neer as may bee
The coroner to It is further enacted by the Court as an addition to this order That
of such as come the Corroner shall p''sonlly repair unto the place where such accident
d°eath."" ""^ ^ ^^^'s out and view the corpse himselfe unless it shall fall out at soe great
a distance of place as he cannot goe or some other inevitable impedi-
ment doe hinder ; and in such case the Constable of the Towneship
where such accedent falls shall supply his place, and the Corroners
enquest to be payed ordinary wages according to the time they are
out.

PART H.] COLONY OF NEW PLYMOUTH. 155

1669.

It is enacted by the Court ; That liberty is Jieerby graunted to the June.

IJorsGS mnv be

English in this Gov'"inent to sell horses to the Indians ; provided sold to the in-

every horse soe sold be brought to the Towne Clarke of that Tovvne "^" '"^"^"^° ~

where he is sold and ten shillings in money and deliver it to the said

Clarke for the Collonies use whoe shall record his marke or markes ;

and have twelve pence of the said money for his paines ; and in case

any shall sell any horses to the Indians and neglect soe to doe ; hee

shall forfeit every such horse or the vallue therof to the Collonies use.

It is further enacted by the Court That noe pson within this Gov""- Ju'y-

. ■ r ^° mares to be

rnent shall sell or give any mare to the Indians on the penaltie of the sold to the in-
forfeiture of every such mare or the vallue therof to the use of the them.
Collonie and that noe Indian shalbe suffered to keep any mare in this
Collonie on like penaltie of the forfeiture of every such mare or the
vallue therof to the Collonies use.

It is enacted by the Court and the audioritie therof that none shall None to sell wine,

•' _ _ &c., wiihout a li-

sell wine liquors Cyder or beere by retaile in this Collonie except cense,
they have a license and to pay for theire lycence according to the
Capacitie of the place where they live viz.

The one halfe of these sumes
to be payed in money.

Plymouth, - - - - - - 10. 00. 00

That is to say James Cole Sen""- - - 08. 00. 00

Thomas Lettice - - - 02. 00. 00

Duxborrow - - - - - 01. 10. 00

Scittuate - - - - - - 02. 10. 00

Sandwich. The Treasurer hath agreed with Willara

Swift.

Taunton - - - - - - 02. 00. 00

Barnstable -- '- - . . 02. 00. 00

Yarmouth - - - - - - 01. 10. 00

Bridgwater, - - - - - 01. 00. 00

Rehoboth, - - - - - - 01. 10. 00

Moreover it is enacted by the Court that all such lycenced ordi- Penalty for suffer-
naries shall not suffer prophane singing daunceing or revelling in theire -[Jf ^and^'danchf<^
houses on the penatie of ten shillings for every default and that all '"''tensed houses
ordinary keepers be ordered to keep good beer in theire houses to
sell by retaile and that some one in every towne bee appointed to see
that the beer they sell be suitable to the prise they sell it for.

156 LAWS OF THE [PART II.

No bark, hoards, It is ciiacted by llic Court and the autboritie tberof Tbat noe baike
ed. Repealed iior boai'd sbalbc transported out of tbis Collonie nor noe kind of
' ' ■ timber excejot it be wrougbt up in vessells or Caske on penaltie of
forfeiting of all the same or the valine tberof; to tbe use of tbe Col-
lonie.
No boards to be It is enacted by tbe Court tbat noe boards sbalbe brougbt into tbis

brousrlit into l!ie ,-^ ^^ ■ i , ■, i i n i i • i • t • v • i

coioiiv, and none Collonie and tliat no boards slialbe sold hi ibis Jurisdiction to exceed
niore "than forty- '" pi'Jse fivc and forty sbillings a thousand delivered att tbe watersyde
fiio°usand"°^ '^'^' ^" '^^^ TowHsbipp where they are Sawen on tbe penaltie of paying a
J^^P^S'f'^ •'""'' fine of ten sbillings a thousand to tbe use of tbe Collonie and tbis or-

11 10/0. °

der not to take place until the next October Court.
Selectmen may jj jg enacted by the Court tbat some one of the Celectmen of

issue warrants. ....

every Towne of tbis Jurisdiction be beerby impovvered to issue forth
warrants in bis Ma'"^* name to arrest or attach any pson or psons or
in defect of them theire goods to answare any suite within theire
Cognizance as occasion may require.
None allowed to It is enacted by the Court tbat none shall voate in Town meetings

vote ni town -^

meetings but free- but freemen or freeholders of twenty pound ratable estate and of

men, or freehold- . . ^ r r i t ■

ers of £20 rata- good Conversation baveing taken tbe oath oi fadelitie.

It is enacted by tbe Court that all censures by fine from ten shil-
Aii fines imder |; g. -, j under sbalbc payed in money ; and that the fine for fornica-

ten .shilhngs to be o r J •' '

paid in money. i\q^ jjg payed forthwith in moncy or else to be punished with corpo-

rall punishment.
Constables to Ji jg enacted by the Court tbat tbe Constables in every respective

serve such execu- -^ .

lions as selectmen Towncshi]) of tliis Jurisdiction shall serve such executions as sbalbe

shall direct them. r r^ i

directed to them by any of tbe Celectmen of tne respective townships.
A father havmg j^ jg enacted by the Court tbat whosoever bath three sonnes in bis

Jhrce sons bearing •'

arms shall be ex- family that bcarc ariTics in the Milletary Companie; theire father shal-

cmpt from milita-
ry duty, if the be freed from that service if the Councill of warr or any three of

council of war

consent to it. them shall see cause.

No single person Wbcras ereat inconvenience hath arisen by single psons in this

to live by himself '- , • i f v •

or in any family Colloiiie being for tbcmselves and not betakeing themselves to live in
the seiect'mcn. '^ wcll govi^ned families It is enacted by the Court that henceforth noe
single pson be suffered to live of bimselfe or in any family but such
as the Celectmen of tbe Towne shall approve of; and if any pson
or psons shall refuse or neglect to attend such order as sbalbe given
them by the Celectmen ; Tbat such pson or psons sbalbe sumoned
to tbe Court to be proceeded with as the matter shall require.
All troopers iiiat Wlicras by Order of tbe Councell of warr tbe Townes of tbis Ju-

mainiaiii their •' , /->< n

own arms to be risdiction respectively are to find drumes pikes halberts and Coullers

exempt from the t • i i i v i j j

town charge for att tlicirc own cliargc ; It is thought meet and accordingly ordered
flrunis, c-c. ^^ ^j^^ Court that all such troopers as find and maintaine theire owne

PART II.] COLONY OF NEW PLYMOUTH. 157

armes be excused from bearing any charge in such drums pikes hal-
berts and Coullers.

Wheras severall psons liveing out of this Jurisdiction doe possesse Non-residents lo

... , . -,.,.. , . , . -. pay (axes for iheir

several! p''se]ls of land withm this Jurisdiction which is out of any lands,
pi'ticular township ; It is enacted by the Court That all such land be
rated according as other lands dormant or improved to the Countreyes
use ; viz such as are dormant as other dormant lands and such as are
improved as other improved lands within this Jurisdiction.

It is enacted by the Court that a Cercomstantiall error in a sum- A circumstantial

, ,, , , />- • 1 r error shall not vi-

raons or warrant shall not be taken as a surncient ground ior a non- tiaic a summons
suite wher otherwise both the ptie and case concerned therin may be °^ '^^"^'^ ■
rationally understood.

Concerning the order about the General] training the latter pte of Every soldier to

, , , , , ^ , • 1 1 • I be provided with

tlie order to run thuse ; and that every nerman be provided with two two pounds of
pound of powder against the time appointed to be Improved in the fo^wn charge' at
said expedition and exercises att the Townes charge. the geneiai tram-

It is enacted by the Court that henceforth noe pson shall have lib- None except a

. , . ,, c 1 1 1 "I'l" o' quality

ertie to bring any liquors into this Cov^ment lor themselves or others allowed to bring

11 I , , ,. 1 1 r 1 • more than six eal-

to give or sell but such as are licensed; more then tor theire owne ions of liquors in-
pticulare use; which shall not exceed six gallons in the yeare and yea^ unless h^is
each mans that is soe brought in shalbe distinct in vessells one from ''tensed.
another and in case any doe it shalbe forfeite or the valine therof one
third to the Countrey and one third to the informer and one third to
those that are lycensed to sell ; but if it appear that any man of qual-
]itie whose condition calleth for further expense in his family that then
this law shall not reach them ; onely this is to be understood that un-
der pretence of this hee shall not give or sell to be carryed abroad
except it be soe that the ordinary keepers have none to supply the
nessesities of them that are sicke.

It is enacted by the Court that wheras minesters maintainance is Persons neeiect-
to be raised by rate according to order of Court bearing date 1657 lnniis*ieri"aUax,
which upon neglect is to be taken by distresse as by the said order J° UiVn^Tcourt.
doth appear ; yet for preventing off offence, and if it may be of des- {^^-o^^'*^*^ *'""®'
tresse, This Court doth order ; That the Majestrate in each tovvne
where there is any ; and the Celectmen or any of them where there
is noe Majestrate ; be heerby impowered upon notice of default
heerin ; to summon every such pson or psons to the next Court to
answare the said neglect ; and incase such pson or psons doe not
make out just cause for such neglect they shalbe amerced double
the sume proportioned to him or them to the Collonies use to be
disposed of by the Court.

It is enacted by the Court that the Constable or his deputie in each

158

LAWS OF THE

[part II.

Constables to
take notice of
such as sleep or
play about the
meeting-house
during public
service.

Persons riding
violently on the
Lord's day to be
presented to the
court.

Penalty for
smoking tobacco
on the Lord's
day wilhin two
miles of the meet-
ing-house.

No stoned horse
more than two
years old and less
than thirteen
hands high to run
at large.

The order about
selling powder
and shot to In-
dians repealed.

July.
Any person hav-
ing had a right
of action for
lands for ten
years to be for-
ever barred after
five years.

None hereafter
to make entry
upon any lands
or commence a
suit therefor, af-
ter 13 years from
the time a right
to the same ac-
crued.

respective Tovvne of this Gov''ment shall dillegently looke after such
as sleep or play about the meeting house in times of the publicke
worship of God on the Lords day and take notice of theire names
and returne such of them to the Court who doe not after warning
given to them reforme.

As alsoe that unessesary violent ryding on the Lords day ; the
psoiis that soe offend ; theire names to be returned to the next Court
after the said offence.

It is enacted by the Court That any pson or ])sons that shalbe
found smoaking of Tobacco on the Lords day ; goeing too or com-
ing from the meetinges vviihin two miles of the meeting house shall
pay twelve pence for every such default to the CoUonies use.

It is enacted by the Court that none shall suffer to goe att large to
feed in any Commons within this Gov''ment any stoned horse being
above two yeares old ; and not thirteen hands high att least from the
lower pte of the hoofe to the uper pte of the whither ; every hand
containing four inches standard measure ; in paine to forfeite the
same horse or the vallue therof the one halfe to the Countrey and
the other halfe to him or them which shall seize such horse of lower
stature ; soe that first by the assistance of the Constable or Celect-
men of any township where such seizure is made or seiziar dwelleth,
such horse being by the seiziar first brought to the next pound shall
there by such an officer in the p''sence of three sufficient men be
measured and found lower then the stature above mensioned ; this
order to take place from and after the first of October 1G70.

The orders prohibiting the selling of powder and shott and money
to the Indians are repealed.

For quieting mens estates and avoiding suites in law It is enacted
by the Court and the authoritie therof; That noe pson or psoas
haveing had for the space or tearme of ten yeare fully past and ex-
pired any right or titles of enteroy into or cause of action for any
lands teniments or heredetiments whatsoever now detained from him
or them shall dierinto enter or comence suite for but within five years
next after the end of this present session of Court att noe time after.

And that none shall att any time heerafter make any entery into
or comence suite for any lands teniments or heredittiments but within
fifteen yeares next after his or theire right tide or cause of action or
suite which shall heerafter first descend fall or acrew to the same ;
otherwise such title shalbe forever after barred and the pty claiming
and his and theire heires utterly excluded from entery into the same ;
provided neverthelesse that if any pson or psons which hath or shall
have such right title or cause of action be or shalbe att the time Ox"

PART IF.] COLONY OF NEW PLYMOUTH. 159

the said ri2;Iit title or cause of action first descended acrevved come Except such as

r n ■ I • I r r /~i "^""^ '''sa'^led by

or lallen within the age ol twenty one yeares leuie Covert non com- i)cii)p within the

, , , ■ 1 1 aijc of 21 years,

|)os mentis imprisoned or l)cyona the seas, tlien such pson or psons feme roveris,&c.
his or theire heires shall or mav noiwithstandins: the said fifteen yeares r!,'apT;^M wi!f„

t '^ J till tXKiiiJii wiiiiin

expired, brins; his action or make his entery att any time within five ''^''.^'f.^'lf!.''^''.

•I ' •^ J J sijfl, clisabilily is

yeares next after his or theire full age discoverture coming of sound removed,
mind inlargment out of prison or coming into this Countrey ; take
benifitt of and sue forth tlie same and att noe lime after the said five
yeares.

It is further enacted by the Court that such pson or psons as have Persons having-

,,., ., f, . ^ iix-. Iiad a riff-Ill of en-

had riglit or title unto or cause oi action ior any lands teniments or try for 20 years,

hereditiiments hitherto detained from him or them for the space or [)"^i ^ ,°t*htTo7']i
tearme of twenty yeares fully past and compleat and neglected hith- y^ys and do not

.' -' -'I I o make such entry

to to make his or theire entery or to comence suite for the same or wuhm two years,

■' _ to be forever

haveing had such right title or cause of action for the space of full barred,
tearme of eighteen yeares now past and shall neglect to make such
entery into or suite for within the space or full tearme of two yeares
next after the end of this pi'sent session of Court shall in either of
these cases be forever barred excluded and utterly disabled from
such enteiy or suite to be made excepting as in the abovesaid pro-
viso according as by the statute of England made Anno 21 Jacobi
Regis Capt 16 Instituted an acte for limitation of actions and avoid-
in? suites in law as in such case provided It haveing bine the usuall Recourse to be

' ^ had to the laws of

manor and costoine of this Court to have recourse as much as might England, when
be to the Lawes of England in such case wherin there is noe other made in the laws
law provided by this Court more suitable to our Condition. ° '''^ oony.

1670.

This being aded to a former order of Court bearing date June June.
1657 is determined to be the way for raising minnesters maintainance how ^raised!^ ^"^^ '
and all other orders respecting the same are heerby repealed ;

For asmuch as it appeereth to be greatly inconvenient that the
minnesters should be troubled to gather in the rates for theire main-
tainance ; and may be an occation to prejudice some psons against
them or theire minnestry It is enacted by this Court that att June
Courts yearly two meet psons in each Towne be appointed by the
said Court unlesse the townes have alreddy provided ; whoe shall
take care for the gathering in of theire minnesters maintainance for

160 LAWS OF THE [PART II.

that yeare by inciting of the people to theire duty in that respect,

demaunding it when due and if need be by procuring distraint upon

the estate of any that shall neglect or refuse to pay theire rates or

proportions towards his support according to order of Court in that

case provided ; and incase any rninnester shall scruple to receive

what is soe raised ; it shall nevertheless be gathered as abovesaid,

and be disposed as the Court shall order or advise for the good of

the place.

jDeclaration of Whcras it hath bine and is the pious care and true intent of this

*'rrt'^°ubiic'\vor-' Court that all such plantations and townshipes as are by them graunt-

ship in all the ed should maintaine the publicke sabbath worship of God and the

towns. _ ' '

preaching of the word and doe to that end affoard them such propor-
tions of lands as may accomodate such a society as may be able to
maintaine the same ; and yett through the corruption or sinfuU neg-
lect of many or most of the Inhabitants of some plantations they
content themselves to live without the minnestry of the word to the
great dishonor of God and danger of theire soules ; there being great
reason to feare that many may be acted therin by worldly & cov-
in towns where ctous principles ; It is by this Court enacted that in such Town-
there is no settled 1 • 1 • . . • 1 . • 11 T V ^1-4.

minister, the gen- shipes wlicre noc minnestcr is resident; especially it it appeers that
fevl'^r\Txfor"Uie ^^^® generally ty of the Inhabitants are remise in the obtaining of one
support of public ^j-,g Generall Court may and shall henceforth yearly impose a certaine

worship. •' J J I

sume to be raised by rate upon the Inhabitants of such plantations or
townshipps which shalbe kept as a stocke for building of a meeting
house or for incurragement of a minnester to labour amongst them
or other such pious uses as the Court may improve it in for theire
good.
Fifteen pounds And in reference to the towne of Dartmouth that the sume of fif-

levied upon the i i i • i i • ^ ^ /-^

the town of Dart- teen pounds be levied by rate with the Countrey rates upon all the
Inhabitants to be in a reddiness for and towards the uses above ex-
pressed.

Penalty for refus- It is enacted by the Court That whosoever beins chosen by any

inff to serve as „ . . . . J J

selectman. Towne of this Jurisdiction to serve as a Celectman in the said Towne

and shall refuse to serve in that place shall pay the sum of twenty
shillings the one halfe to the Towne and the other halfe to the use of
the Collonie ; and that the Gov"" shall choose another to serve in his
stead.

No attachment to It is cnactcd by the Court That there shalbe noe attachment

be granted b}' the , z-i i

sciecimen against grauttted by the Celootmcn against any freeman or settled Inhabitant
tied inhabitant, and I'lat there shalbe three Courts of the Celectmen in the yeare ;
viz. in the month of February in the month of May and in the month
of October ; and noe other except the Celectmen shall see cause.

PART II.] COLOiNY OF NEW PLYMOUTH. 161

It is enacted by the Court that incase of appeale the appealant shall Appeals, how
sumons the defendant to answaie at that Court to which he appeales
and shall produce all the testimonies that were made use of att the first
tryall of the case under the hand of the Celectmen or any one of
them from whence the appeale comes and noe new testimony to be
admitted ; and the case to be tryed by Jury and if the appealant be
againe cast ; to pay double damages and all cosies and that any one
of the Majestrates of this Jurisdiction shall graunt a precept for such
an appeal as occation may require.

Wheras a former order respecting the issueing of differences be- Controversies i.e-

T-i . 1 ITT 11' ^ • /~i 111 • Iwcoii the English

tween English and Indians seemes dubious this Court doth determine and Indians to be

,_, ,, T . • 1 • 7 f • • 1 -T" V 1 J T !■ trietllieforclhcse-

That all Injuries complained of arisinge between Ji,nglisn and indians icctmeu except—
shalbe brought to issue by the Celectmen in each Townshipe before
whom any complaint shall legally appeer ; except oncly in capitall
matters and titles of lands.

For the prevention of the prophanation of the Lords day It Is The names of
enacted by the Court and the aulhoritie therof, That the Celectmen the Lorcf'sTay 'to
of the severall Townes of this Jurisdiction, or any one of them may j^e^ret"rned to the
or shall as there may be occasion take with him the Cunstable or his
deputie and repaire to any house or place where they may suspect
that any slothfully doe lurke att hom or gett together in companie to
neglect the publicke worship of God or prophane the Lords day and
finding any such disorder shall returne the names of the psons to the
next Court and give notice alsoe of any p''ticulare miscarryage that
they have taken notice of that it may be enquired into.

Wheras the Providence of God hath made Cape Cod comodious Fishery at Cape
for us for fishing with saines ; and some careles psons have anoyed
the same by casting theire ballast neare the shore where such conve-
niency is ; or by leaveing the garbidge of fish or dead fish to lye there
roting wherby such anoyace is This Court doth therefore order that
whosoever shall treaspas in any of die said kinds of annoyance shall pay
the sume of forty shillings to the Collonies use for every such default
unto the pson that the Country doth appoint to looke after the same ;
alsoe this Court doth further order that whosoever of our Inhabitants
that draw mackerell on shore there ; shall pay to the Collonies use six- pmy ,o be paid
pence p. barrell for every barrell see taken or the quantity that may cgJTht there,
amount to a barrell ; and for every barrell or the quantitie therof soe
taken by any forraigners in the aforsaid ])lace shalbe payed one shil-
ling and sixpence to the Collonies use by the pson or psons that soe
fish there and at the begining of any voyage attempted there ; the pson
or persons soe doing shall att the cnterance an the voyage put in suf-
21

162 LAWS OF THE [PART II.

ficient CecLiritie unto the pson appointed by the Court under this
trust for the payment of the aforsaid sume or sumes.
Thomas Paine Thomas Paine is appointed by this Court and impovvered as a

apjJoiiUecl bailin. i i j i

bayley by land and water to demaund and receive for the Collonies
use the abovemensioned sumes as they may att any time become due
or payable ; and to take such Cecuritie for theire pi'formance as
abovesaid ; and is heerby impovvered to comaund such aide as hee
att any time shall judge requisite respecting the p'"mises.
No mackerel to Wheras wee have formerly seen ereat inconvenience of taking

be caught before . .

the first of July mackercll att unseasonable times wherby there encrease is greatly
deminished and that it hath bine proposed to the Court of the Massa-
chusetts that some course might be taken for preventing the same
and that they have lately drawne up an order tliat henceforth noe
mackerell shalbee caught except for spending while fresh before the
first of July annually on penaliie of the losse of the same the one
halfe to the Informer and the other halfe to the use of the Collonie ;
and this order to take place from the 20"' of this instant June.

Persons living It is enacted by the Court that whosoever haveing comitted un-

within the colony , . i /-i n • i i n i • i 11

committing clcancs ui another Collonie and shall come hither and have not satis-

oth'er co'lon'Tto ^jed the law where the fact was comitted they shalbe sent backe or

e puuis ed. j^g^^, p^jnished according to the nature of the crime as if the acte had

bine beer done.
Penalty for giv- It is enacted by the Court That whereas divers psons seeke to

ing or lending a , , r 1 -n- r 1 1 • 1 1 i

horse to an In- evade the payment ot ten shillmgs lor every horse that is sold to the
Indians that none shall give lend or I ier any horse to any Indian or
Indians on the penaliie of paying a fine of ten shillings to the Collo-
nies use.

One witness suffi- It is enacted by the Court That one witnes shalbe sufficient for

cient for a pre- , --, , , , , . ,

sentment, huttwo the urandenquest to ground a p'"sentment on but the ptie not to be

or concuring cir- i 1 • i 1 •

rum^taiices re- Condemned Without a second witnes or concurring cercomstances
quirec ocon\ic. ^^^j ^j^^^ incaso any shall publish any matter of a scandalous nature

except unto a majestrate or grandjury man ; It shalbe accoumpted a

defamation actionable.
No evidence ex- And That in matters pi'sentable except Capitall noe evidence shal-

cept in capital , -i-ii-in-. i- r

cases to be used be received either by a Majestrate or grand juryman irom any pson
to'a^na"•i's'trfteo^ ^^' psous whoe hath Or shall neglect to give in such evidence within
whhi'n a'^ycTr"and °"*^ ''"'^ yearc and a day after his or her knowledge therof.
a day from the Whcras divers osons have complained of great wrong for the want

time it come to ' 100

the knowledge of of a packcr in theire Towncshipe this Court hath ordered and enact-

ihe witness. ' _ ' _

A packer of meal ed That whatsoever Towne in this Government shall see cause to
hiYaclnown.'"*' dcsirc a packer to rcpacke meat they may pi'sent a fitt pson to the

PART II.] COLONY OF NEW PLYMOUTH. 163

Court or to some one of the Majeslratcs of this Jurisdiction to be
svvorne.

It is enacted by the Court and tiie authoritie therof That it shalbe ^ court rnay be

•' |urL'li;isea be-

lawfull on speciall occasion which shalbe judged on by the Gov'' and iwe-n terms.

two of the Assistants for any either of our own Collonie or others to

purchase a Court in the Interenis of time betwixt the other Courts

and that diere shalbe att every such Court the Gov and three of the

Assistants att the least; and that any that shall purchase such a Court

shall pay the Jurymen each three shillings a day for soe long a time as

they shall attend that scrvise and beare all other nessesary charges

of that Coiu't.

It was att this Court voated and generally agreed on by the Court ; Union with Mass.

that our Confederation with two Collonies viz Massachusetts and newcd.*'"" ^^

Conecticott shall stand and remaine as it did formerly with three.

It is enacted by the Court and the authoritie therof that a Comit- Committee chos-
en to revise the
tee be chosen to p''use all our lawes, and to gather up from them or laws.

any other healpers they can gett and compose therfrom a body of
Lawes ; and pi'sent the same to the next Election Court for a further
setdement therof and the charge therof to be bourne and defrayed
by the Treasurer. The Comittee appointed by the Court were the
Govr. the Major and Mr. Hinckley — and Mr. Walley healp to be
requested — and if any of the deputies or others shall propose any
thinge to this Comittee for their consideration when they meet to-
gether it shalbe well accepted.

Wheras severall psons have bine greatly indangered by seting of Guns not to be
Guns It is enacted by the Court and the authoritie thereof that none closures,
shall set any guns except in enclosures and that the gun be sufficiently
enclosed soe as it be Cecure from hurting man or beast, and that hee
that seteth the gun doe give warning or notice therof to all the naigh-
bours on the penaltie of paying a fine of five pounds to the use of the
Collonie for every default.

It is enacted by the Court that if there be any psons that will buy Priviieo-eofmak-
all the tarr that shalbe made within this Collonie and will pay eight sofcUbrTvvo^^
shillings a barrell for itt in money ; and for every halfe hogshed ^n^^^\ , t

° •' ' JO lleppaled June

twelve shillings in money ; they shall have it soe for the tearme of '■>> i^'''-
two yeares from the date heerof ; and to receive it att a place ap-
pointed in every Township, and it is furdier enacted by the Court
that if any others except those that soe engage to buy all the tarr
shall carry or cause any to be carryed out of the Collonie within the
aforsaid tearme of two yeares they shall forfeite either the Tarr or
the valine therof; the one halfe to die Collonie and the other halfe
to those that are engaged to buy all the said Tarr.

164

LAWS OF THE

[part II.

Towns destiiuie Forasmucli as severall Townes in this Collonie are alreddy much

of limber to «b- i r i -i i- • i /-i

tain it from oiher Straightened lor building timber and through Gods Providence some
Colouy!^' "" "^ other Townes are well accomodated to afford them a supply that
townes soe straightened be not nessessitated to fech theire supplies
from another Jurisdiction ', whilest wee have of our owne.

1671.

June.
The eldest mag^
istratc to seive
as deputy gov-
ernor.

Ordinary keepers
to return to the
court the names
of such persons
as are uncivil in
their houses.

No rum to be
sold for more
than 5s per gal-
Lop.

This Court have ordered that if God should take away the Gov""
by death or otherwise deprive us of his healp by absence or other
bodily weakness disable him to discharge his place that in such
case the next eldest majestrate to serve in the office of a Deputy
Gov for this p'^sent year as the Gov'' might and ought for to doe.

For the prevention of great abuse by the excessive drinking of
Liquors in ordinaries : This Couit doth order that every ordinary
keeper in this Gov'"ment shall be heerby impowered and required :
That in case any pson or psons doe not attend order, but carry
themselves uncivilly by being importunately desirous of drink when
denyed, and doe not leave the house when required such ordinary
keeper shall returne theire names to the next Court ; that soe they
may be prosecuted according to the nature of the ofience ; and in
case any ordinary keeper shall neglect soe to doe he shalbee fined
five shillings for every default ; it is further ordered by this Court
yt some two or three men be appointed in every towne of this Ju-
risdiction to have the inspection of the Ordinaries or in any other
places suspected to take notice of such abuses as may arise in refer-
ence to the p''mises or otherwise and make report therof to the
Court.

It is enacted by the Court That noe Rum shalbe sold in this
Gov''ment to exceed in prise above five shillings a Gallon, or if re-
tailed two pence a Gill.

THE OATH OF THE WATER BAYLEY.

You shall faithfully serve in the office of Water Bnyley in the
Jurisdiction of New Plymouth and shall carefully observe such or-
ders of Court as concerns youer said office with speciall reference
unto the improvement therof att Cn])e Cod and places adjacent.
You shall faithfully discharge the trust imposed uponyouin demaund-
ing and rcceiveing whatsoever shalbe due unto the Collonie by such

PART II.] COLONY OF NEW PLYMOUTH. 165

fish as shalbe there taken ; and shall seasonably give in a true ac-
count therof unto the Treasurer yearly. So healp, &c.

Note. — The laws were again revised in 1671, and printed. This revision constitutes
Part III, and of which no manuscript copy was preserved.

1672.

Be it enacted by this Court and the authoritie therof That noe June.
timber of any sort may or shall within the tearme of seaven yeares next to be exported*
after the first of November next ensueing ; bee at any time transported e°xcepii— ^^^'^^'
or carryed away by land or water out of any Township in this Jurisdic-
tion into any other Jurisdiction ; other than what is first sawne into
boards or wrought into shingle or wrought up into Caske boates barques
or other vessells of burden on the forfeite of all such timber planke
Cooper stuffe bolts Claboard &c or the vallue therof; the one halfe
to the Countrey and the other halfe to the informer if duely proved
within twelve months after such transportation made ; and that some A person may be

I • 1 1 1 • 1 1 1 i-x • 1 m appointed in each

meet pson be appointed and authorised by the Court in such 1 ownes town to see that

.11, [. , /"111 • r the order is car-

as they shaJl see cause lor to take care lor the due observation oi ried into effect,
this order ; and that noe master of any boate or other vessell presume
to receive aboard any such timber plancke or Cooper stuffe &c.
without first repaireing to such pson appointed and impowered as
aforsaid and givelng in sufficient Cecuritie for his unlading and leave-
ing such timber &c in some towne within this Jurisdiction ; the dan-
gers of the seas excepted ; under the penaltie of forty shillings for-
feite ; the one halfe to the Countrey and the other halfe to the In-
former and Officer appointed as aforsaid ; forthwith to be payed ;
And that such master of boate &c. shewing a Certificate from under
the Constables hand ; or any of the Celectmen of the Townes where
he shall unload as aforesaid, shall free and discharge him from the
Cecuritie given as abovesaid.

And that noe barke shalbe transported out of this Jurisdiction un-
der the penaltie and forfeiture as aforsaid.

Notwithstanding the former order concerning the transportation of Timber may be

• . . , , rni • carried out of

timber it is ordered, inat any pson or psons may transport any tim- any town by tiie
ber, out of any Townshipps that shall grow up on theire own partic- f^^Th °rew\ °^*
ular proprietyes, provided that they make it appear to any one of the
Celectmen or Constables of the respective Townshipps by the testi-

166 LAWS OF THE [PART II.

mony of one pson not interested tberin ; and that ship carpenters be
under the same restraint as others ; and that in defect of any officer
neglecting to take notice of the transgression of this order such trans-
gression of the said law shalbe presentable by the Grand Enquest.
July- It is enacted by the Court that if any pson or psons that shall att

Fisli caught at . •' . .

Cape Cod and any time heerafter shipp or load on board any fish into any vessel!
any vessel with- which shalbe caught at Cape Cod but such as hee or they shall give
of ihein being 3" accoumpt ofF to the Water Bayley; all such fishes shalbe forfeite
forfS. '° ^" to die Collonies use.
The water bailiff And that the Water Bay ley be heerby impowered to make seizure

may seize any r ii ^ n t in • i r r ■ i

such fish. oi all such nsh as shall att any time become lorleite and to give an

accoumpt therof unto the Treasurer or such as shalbe appointed by
the Majestrates or any four of them ; to take the said accoumpt.

TROOPERS.

The troop, how For the regulating of the troope It is ordered by the Court that

rGfiful&lGcK .

they be devided into three Squadrons viz : To the Captaine Leiften-
ant and Cornett to exercise each Squadron twise in the yeare ; And
that they take a list of the troop and see that they keep horses with
armes amunition and acoutrements fitt for that service.

As alsoe that every trooper shall provide himself with a fix Car-
bine or horsmans peece betwixt this and tlie next election Court ; or
return unto the foot Companie where they dwell.

an order directed from the court to the comission of-
ficers of the milletary companies of this jurisdiction
as followeth.

Gentlemen ;

The Court haveing reason upon the Intelligence wee
have received to feare that wee may have trouble from the States
Generall of the United Belgicke Provinces or others before the re-
volution of the yeare : and how soone wee know not ; doe see rea-
son to take notice of what condition our people are in to defend
themselves against an enemie and doe therfore heerby require you
speedily and very strictly to make serch how youer men are provided
with fixed armes and amunition according to order of Court; and
that as well ancient psons that are out of the lists as others; and that
you alsoe enquire into the Townes stocke of armes and amunition ;
and upon an impartiall view you cause the Constable by vertue heer-
of forthwith to levy the fine by distresse if not otherwise payed ; the
fines of listed soldiers to the use of the Companie ; and of others to
the Townes use; and make speeedy returne to the Gov"" or major

PART II.] COLONY OF NEW PLYMOUTH. 167

how they find the Townes stocke tliat they may take course to gath-
er those fines for the Collonie ; and in generall may know how youer
towne are provided.

And incase of a siiddaine assauU or approach of an enimy the Court
orders you as much as may be to be guided by the orders of the
Councell of warr that sits at Plymouth the second day of Aprill
1667 untill you shall receive more pticular orders from the Gov"" Ma-
jor or Councell of warr ; and that you doe alsoe take notice of the
troopers as to defect of armes and amunition in youer towne and levy
theire fines as above said to the use of the troope ; unlesse in such
Townes wherein any Comission Officer of the troop doth reside,

Wee being informed that it is upon the harts of our naighbours of Contribution to

1 14 r 1 /-I 11 • 1 • 1 c Harvard College

the Massachusetts Collonie to support and mcurrage that nursary ol recommended to
Learning at harverd Colledge in Cambridge in New England from
whence have through the blessing of God issued many worthy and
usefull persons for publique service in church and Comonwealth ; be-
ing alsoe informed that divers Godly and well affected in England
are redy to assist therin by way of contributing considerable sumes
provided the Countrey beer are forward to promote the same ; and
that the several! Townes in the Massachusetts have bine very free in
theire ofTerings therunto ; we alsoe being by letters from them invited
and Insighted to joyne with them in soe good a worke and that wee may
have an interest with others in the blessing that the Lord may please
from thence to convey unto the Countrey ; this Court doth therfore
earnestly comend it to the Minnesters and Elders in each Towne,
that they takeing such with them as they shall thinke meet ; would
p'"ticularly and earnestly move and stirr up all such in theire severall
townes as are able to contribute unto this worthy worke be it in
mony or other good pay ; and that they make a returne of what they
shall efFect heerin unto the Court that shall sit in October next whoe
will then appoint meet psons to receive the contributions and faith-
fully to dispose of the same for the ends proposed.

1673.

It is ordered by the Court that the charge of the free Scoole which June,
is three and thirty pounds a yeare shalbe defrayed by the Treasurer ing from the Capc
out of the profitts ariseing by the fishing att the Cape untill such time proprLed 'to t^i?e

IQg LAWS OF THE [PART II.

support of the as that the minds of the freemen be knowne conserning it which wil-
ree sc oo . ^^ returned to the next Court of Election.

Evidence of land Jt js enacted by the Court That whatsoever evidence of land is or

town°book to be shalbc brought from any Towne booke to be placed in the Court

coun records, to Rccords shalbc shewed in open Court before it be entered.

hf open coin.' ^^'^ It is enacted by the Court that the one halfe of the excise due to

One half of the the Country on the Mackerell to be caught att the Cape bee hence-

erei abated. forth abated ; viz. that wheras it was twelve pence a barrell to our

owne it shall and henceforth be but sixpence a barrell from our owne

and wheras it was formerly two shillings a barrell to forraignors it

shall henceforth be but twelve pence a barrell to forraigners ; except

any shall come in before the next Court and rent the said privilidge

of Cape fishing.

Bounty on wolves The Court have ordered that the pay for killing of woulves be

lowered from thirty to twenty shillings a head.
Nothing to be in The Court havc ordered that nothing shall stand in force in our
teJTbook on^\v's Written booke of lawes ; but what the printed lawes refer unto.

but such as the
printed laws refer
to. WANT OF ARMES.

July. It is enacted by the Court, That the Comission officers of each

JfficersTiT'each Towuship of this Jurisdiction as often as they see cause shall make
town directed to ggf.^}^ ^^^ ^gj^g noticc of the dcfccts in armes and amunition in

notice any delects

in the arms, &c. qqq\^ Towuship ; which dcfects being delivered to the Constable by
the above said officers the Constable with the Clarke of that Com-
panie shall levy the fines by distresse for the use of the Companie
according to order of Court and that the said Milletary Officers have
the like power : to make serch and levy fines for defect on ancient
psons, and all Inhabitants altho not of the traine band ; and the fine
of such to be to the poor of the Towne or other Towne use.

APPKISERS.

Appraisers of Rules for Aprisment of goods or other estate to be levied by des-

goods taken by ••mi c i • i i

distress, how tressc or execution, viz. J. hat two meet men oi good judgment be
chosen apprisers, one of them by the Constable and the other by the
pson on whose estate the distresse is made or in case of his default
then to be chosen by the Constable ; and where the pty concerned
refuseth to sett forth suitable estate both as to nearnes of the same
to be levied and to the specue due, there the Constable shall seize
such goods as may best suite therunto to be equally and indifferently
apprised according to the specue due and not over prised.

Penalty for refus- And incase the Apprisers refuse to attend that service on the

mg to serve as an '■ '■

appraiser. Constables warning then such refuser to forfeite five shillings to the

Countreyes use.

PART II.] COLONY OF NEW PLYMOUTH. 169

INDIANS.

It is enacted by the Court That such Indians especially young Indians, who con-
men as run in debt to any English for thinges nessesary for them discharge the
shalbe made to worke it out at reasonable rates if they have not else ^^^^ ^^ '^ °'''
to discharge theire just debts.

It is enacted by the Court That whosoever takes any pledge or Pledges taken

-.,,., from the Indians,

paune of any Indian for silver or any sort oi drink shall upon com- whetiier for silver
plaint of the Indian loose both his pledge and the mony payed. forfeited.

It is enacted by the Court that noe ordinary keeper or other pson Penalty for scil-
shall henceforth sell any beer to any Indian upon penaltie of five dians.
shillings for every quart soe sold to be payed to the^ Treasurer for
the Countreyes use.

And if any Indian be found destempered with drinke and be Indians found
brought before the Court ; in Court time, or before any majestrate, whipped, un-
or in tovvnes where noe Majestrate is before any of the Celectmen ^^^~
of the Towne if as soon as bee is capable hee will not declare of
whom hee had his drinke, he shalbe forthwith whipt, and his accusa-
tion of any pson shalbe proofe against them except they shall clear
themselves by theire oath, as incase of liquor is provided and if it
manifestly appeer that such Indian doth wrongfully accuse any person,
hee shalbe seveei'ly whipt for his drunkenes and falce accusation.

It is enacted by the Court that on the sixt day of the weeke in Indian business
October Court and July Court ; and att noe other Courts or other to only on the
dayes in those weekes shall Indian busines be attended by the Court week o^^ the Oct.
to the prejudice of the other occations of the Court and Countrey. ^" uy courts.

UNTIMELY DEATH.

In reference to such that come to untimely death It is enacted by no person com-
the Court that noe such pson be buried before such time that a Cor- iy^death"to"br*^'
roner or Constable wher no Corroner is, be informed of such death '^"'■'«''' before a

' coroner's inquest

upon the penaltie of five pounds and that such pson or psons that are is had.
most nearly related to such psons soe dicing shall forthwith give no- '

tice to a Corroner or Cunstable ; and in defect heerof any other pson
is heerby bound, haveing knowlidge of it forthwith to give informa-
tion as aforsaid and be payed out of the estate of the pson soe de-
ceased or by the Treasurer where no such estate is found.

HORSES.

It is enacted by the Court That noe pson whatsoever in this Col- No person to

1 • 1 11 1 1-1 • • 1 1 /-I keep more than

lonie shall have libertie to keep above three horse kind on the Com- three horses on

1 , 1 , -r 1 I . Ill 1 the common

ons ; VIZ : every houshoider Inhabitant or that hath twenty pound lands

170

LAWS OF THE

Horses trespass-
ing may be
killed.

[part II.

rateable estate shall have libertie to keep one ; and hee that hath
forty pound ratable estate hath libertie to keep two ; and such as
have sixty pound rateable estate may keep three ; but none above
three as abovesaid ; a colt not be reckoned for one till a yeare old.

And if any pson or psons shalbe found to keep more horse kind
runing on the Comons then this law aloweth him ; It shalbe lawfull
for any treaspased by such horse kind to kill them.

Pay five shillings a weeke for every horse kind more then his
number for the Townes use.

And what horses or horse kind soever doe or shall treaspas any
in theire Corne or other enclosed lands or meddowes after warning
given ; if they continew soe to treaspas It shalbe lawfull for the pson
soe treaspased to kill them.

What IS m the It is enacted by the Court that what is in our written booke of

written book of r i r i • ^

laws to be made lawes be by US looked upon for law and be taken out of the said

one volume. i i i i /-( • i • n

booke and by a Coniittee drawne up into one voliume.

DEPUTYS.

The deputies to
vote with the
magistrates in
purging' the
court.

It is enacted by the Court that those that are or shalbe sent from
the severall Townes for to serve as deputies shall have a voate with
the Majestrates in the purging of the Court untill by the abovesaid
disaccepted.

The gauge for
tar to be 15 gal
Ions beer mea-

GAGE

TARR.

It is enacted by the Court That 15 Gallons beer measure shalbe
a settled Gage for Tarr barrells.

1674.

Freemen, how
admitted.

Actes and orders made and concluded the fourth day of June
Anno Dom. 1674 as followeth ;

It is enacted by the Court and the authoritie therof as to the or-
derly admittance of Freemen ; first that the names of the freemen
in each Towne be kept upon Towne record, and that noe mans
name shalbe brought into the Court to be propounded to take his
freedoms unlesse hee have had the approbation of the major pte of
ye freemen att home, and the same to be signifyed to the Court un-
der the Towne Clarkes hand by the Deputies.

PART 11.] COLONY OF NEW PLYMOUTH. 171

ORDINARYS.

It is enacted by the Court ; That as to the restraining; of abuses Ordinary keepers

•' _^ _ not allowed to

in ordinaries. That noe ordinary keeper shall sell or sive any kind sell or give drink

' ^ r I T 1 1 , to the inhabitants

of drinke to Inhabitants of the Towne upon the Lords day ; and of the town on

,,,,,., , -11 1-1 c the Lord's day,

alsoe that all ordinary keepers be required to cleare theire nouses ot nor to keep their
all Towne dwellers and strangers that are there on a drinking ac- the"n1ght^^° '"
coumpt except such as lodge in the house ; by the shutting in of the
day light upon the forfeiture of five shillings, the one halfe to the In-
former and the other halfe to the Townes use.

POUND KEEPER.

It is enacted by the Court that whatsoever neat Cattle horse kind The owner of

•' _ _ cattle, &c. im-

sheep or swine henceforth being impounded for Treaspas or damage pounded to give

. , I ii-i 11 • 1 security to the

done that the pson that owneth the said cattle sheep swine or hors- pound keeper for
kind doe give to the poundkeeper Cecuritie, to satisfy the damage they are released.
done by them for which they were impounded ; viz. Ingage before
two witnesses or give under his hand to the keeper of the pound to
satisfy such just and legall damages as abovesaid ; and the pound
keeper that releaseth such beasts being alsoe satisfyed for his im-
pounding of them.

RACERS.

It is enacted by the Court that whatsoever person shall run a race Penalty for rac-
with any horse kind in any street or comon road shall forfeite five highways,
shillings in money forthwith to be levied by the Constable or set in
the stockes one houre if it be not payed.

INDIANS.

It is enacted by the Court That wheras many Controversyes doe The courts au-
arise between the English and the Indians that are brought to tryall ceive testimony
of the severall Courts of this Gov'^ment ; and it is observed that the not under oath in
Indians would be greatly disadvantaged if noe testimouy should in ^^''^^'" *^^*®*-
such case be accepted but upon oath ; This Court orders, that any
Court of this .Turisdiction before whom such tryall may come shall
not be strictly tyed up to such Testimonyes on oath as the comon
law requires but may therin acte and determine in a way of Chan-
cery ; vallueing Testimonies not sworne on both sydes according to
theire Judgment and Consience.

The order forbiding powder and shott to be sold to the Indians The order about

,, , the sale of pow-

is repealled. der, &c. to in-

It is enacted by the Court that wheras Mannamoiett Paomitt and MlnnamTiett aiid
Satuckett have bin put under the Constableshipp of Eastham ; That [J Eastham'""^

172 LAWS OF THE [PART [I.

they shall belonge unto, and be of the said Township untill the Court
shall see cause otherwise to order, and all other places in like Ca-
pasitie shall belonge unto p'"ticular townshipps as the Court shall
see meet.
Indians contract- It is enacted bv tliis Court that such Indians as live idlely and will

ing- debts shall . . . . "^

work for their not take care to pay theire just debts after conviction shalbe made to

creditors, or be • i i i i • i i i i

sold. serve either those to whom they are mdebted or some other man

untill the debt be satisfyed for twelve pence a day in summer time

and sixpence a day in winter time and theire diett, and if they will

not serve but run away ; then it may be lawfull to sell them by order

from two Majestrates of this Jurisdiction or the Selectmen of the

Towne for soe longe a time as they shall see fitt, untill the debt be

satisfyed for, and all such charges as shall arise upon defect as

aforsaid.

Indian children And for all younge pson of the Indians as spend theire time idely,

bound to service It shalbe in the power of the Celectmen or Constable in each Towne

y eseecmen. ^^p^j^ complaint for to put them to some psons that shall keep them

to work and not abuse them ; but if such pi'sons shall or doe run away

they shall forfeite double for such time as they are absent.

Indians stealing It is enacted by the Court that such Indians which shall or doe

store four fold or stcale any thinge from the English hee or they shall make restitution

by payment of four fold either by serveing it out or some other way

or be sold for his theft ; att the descretion of two of the Majestrates

of this Jurisdiction.

Indians to prose- It is enacted by the Court, that concerning Indian claimes that are

cute their claims i i • i • i • i-i i • i

for land within or shalbe made to any lands within this (government; which are now

they are of age. Orderly possesed by the English those which doe lay claime to them

shall orderly comence and prosecute theire claime as farr as hee or

they are able ; within one whole yeare after they be of age ; and noe

longer, and that care be taken that the Indians have notice of it.

SCHOOL.

The profits of the This Court haveing received by the deputies of the severall
Cod to be contin- Townes the signification of the minds of the Major pte of the free
ofthe'schoT"''' men of this Collonie that all the proffitts of the fishing att Cape
Code graunted by the Court for the erecting and maintaining of a
Scoole be still continued for that end if a competent number of Scol-
lars shall appecr to be devoatcd iherunto, which this Court judges
not to be lesse than eight or ten — Doe therfore heerby confeirme the
graunt of the aforsaid proffitts of the fishing att the Cape to the main-
tainance of the Scoole ; and that there be noe further deinaunds, be-
sides the said proffitts of the Cape demaunded of the Country for the
maintainance of the said Scoole.

PART II.] COLONY OF NEW PLYMOUTH. 173

TROOPERS.

It is enacted by the Court that it be signifyed to the Townes that The towns to be

■, r^ , , -11 • notified in relation

the L/Ourt expects that the troopers in each tovvne be as many in to the troop,
number as before and that they be provided with armes and other
acueterments fitt for that service ; and that theire names be sent in to
the July Court.

1675.

Actes and orders made and concluded the first of June 1675 by
the Generall Court then assembled att Plymouth for the Jurisdiction
of New Plymouth as followeth.

Wheras through the varietie of Interpretations of sundry orders Judicial powers

• ,,/->, 1 , /-I . ^1 • I «• of selectmen lim-

respecting the Celectmens Courts, there may arise such actings as jted.
may be crosse to the maine end of that Constitution — For the better
regulating therof it is ordered by the Court and the authoritie therof ;
that the Courts of Celectmen nor any of them shall have power to
send forth any preceipt to seize any estate without theire respective
Townships, or to compel any pson that is not found within theire re-
spective Townships, unto theire obedience ; nor shall have power to
try any of the KInges officers respecting the execution of theire of-
fice for any damage to any pson pretending therby to be received ;
nor to try any action of defamation battery, or that respects title of
lands ; nor to make alowance for more witnesses than is nessesarie to
any case brought before them nor to alow more than eighteen pence
a day for one witnes attendence theron, nor to alow ony cost for any
Atorneyes nor to hold more than two Courts in a year ; viz : one to
be kept on the last Tusday in September annually, and the other the
first Tusday in February annually, nor to ajorne any of theire Courts
longer then untill the next day imediately following such respective
Court saveing theire libertie onely to call a speciall Court incase they
see urgent cause therof, only on the accoumpt of a stranger being
concerned in a case, which without much damage can not well be
defered to one of the Cettled Courts ; and further it is ordered that
incase where a plaintifFe is Inhabitant of another Tovvne ; and neg-
lects to procecute or signify to the defendant, and to one of the Ce-
lectmen his leting fall his action ; then appeering the defendant hee
shall have his cost alowed ; which upon certifycate therof to any of
the Majestrates, hee shall issue forth a warrant to the Constable to

174 LAWS OF THE [PART II.

levy such cost on the goods of the said offending plaintiffe and make
payment therof to the said defendant damnifyed.
Fifty pounds to This Court voates the Country to repay, within two yeers after

be paid to the ex- /• /■ ^ /~i t-» i ■ • i • i

ecutrix of Gov. the date hecrof the fifty pounds to (joV Frence his executrix which
hee in his life time payed to the Treasurer in the Countreyes behalfe
as pte of the purchase of his late dwelling house and lands att Ply-
mouth on condition that if the said executrix ; together with all the chil-
dren concerned therin ; which are in this Countrey, shall resigne up
the deeds which was given to the said late GoV Prence by the Treas-
urer in the Countreyes behalfe ; and alsoe shall and doe give sufficient
evidence in law to the Treasurer in the belialfe of the Countrey for
the said house and lands ; with warrantice onely from by and under
them the said executrix and children theire and every of theire heires
and assignes forever ; and that then upon theire signeing and sealing
evidences unto the Treasurer aforsaid, hee alsoe in behalfe of the
Country signe and scale a generall release to them of all debts dues
bills bonds and demaunds whatsoever.
Committee of iiie It is alsoc further ordered by this Court That M""- Thomas Hinck-
thisbu^iness. ley Capt James Cudvvorth and Leift. Morton are irapowered to acte
with the Treasurer in the p''mises or incase of his neglect or refusall
to acte in pi'mises for any pte therof; That then the sd. M''- Thomas
Hinckly Capt Cudvvorth and Leift. Morton be heerby fully impow-
ered to acte therin in the Countreyes behalfe without him as alsoe to
dispose of the said house and lands, by seting leasing or selling the
same in the Countryes behalfe as they shall see cause.
Thomas Hinckly It being moved by some of the Comissioners which mett this yeer
court's" for the In- ^^t Boston That somc ouc of the Majestrats might be appointed and
dians, &c. impowered to be healpfull to the praying Indians in this Jurisdiction

in matters civill for theire better Gov'"ment and the issueing of such
controversies as may arise amongst them ; This Court being sensible
that it may have a good tendencye to the civilliseing of the said In-
dians ; and that it may be some ease both to this Court and to the
Indians ; doe therfore order and impower the worsp" Thomas Hinck-
ley, to call and keep Courts amongst the said Indians att such times
and in such places of this Gov''ment, as hee shall thinke meet, for
such end ; and doe heerby impower him, together with the heads or
cheife of the Indians in the severall places to make orders respecting
the Govi'ment of the said Indians ; and to punish them for misde-
raenors except in cases capitall ; and to issue amongst them all civill
controverses provided that the said Indians shall still have libertie to
make theire appeales from that power to our Court of New Plymouth
if they see reason soe to doe.

PART II.] COLONY OF NEW PLYMOUTH 175

It is enacted by the Court and the authoritie therof, That if any impounding of

C3.ttl6 ^Ci

man have damage done by horses swine sheep or neat Cattle and the
damage don is full a mile or more from the Towne pound ; Then it
shalbe lavvfull for such an one to impound the beast that hath treas-
pased in a pound house or place of restraint erected upon his owne
ground twenty four houres and that he shall within six houres give
notice to the pson that ovvnes the beast or cattle, which if the owner
will not come and satisfy ; Then hee that hath the treaspas don him
may drive them to the Towne pound ; and shall have what is nessesary
for the driveing of them together with the damage, and hee that im-
pounds the cattle or beast shall give oath before a majestrate or Ce-
lectman if required what cattle or beast did the damage soe farr as
hee knoweth ; and that shalbe taken for sufficient profFe when other
cannot be obtained.

It is enacted by the Court that all fences for cecuring of corne Fences for secur-
shalbe full four foot high or otherwise sufficient by the judgment of (-"et w "h.°
indifferent men.

Wheras it is observed that some by lending guns &c. to the Indians Penalty for lend-
wherby theire nessesary armes are many times out of Culture or out difnf""^
of the power of the owners for theire use if any exegencye should
fall ; the Court have ordered that henceforth none shall lend any gun
or guns to the Indians on paine of forfeiting them or the vallue of
them to the Collonies use.

It is ordered by the Court that foure halberteers be in a reddines Four halberteers
to attend the Gov"" und Assistants on dayes of election yeerly and ernor^and Ass?st-
two after the election is over all the time which that Court continew- of'eiectbn! ^^^^
eth.

TROOPERS CASHIERED.

Wheras it was ordered by the Court that the Troope were requir- Troopers direct-

1 /^ 1 • 1 r T\ , ed to return to

ed to procure Carbmes ; and serve as a troop oi JJragoneers, under- the foot compa-
standing that they have generally declined it ; the Court have ordered "'^^"
that they returne againe to theire foot Companies and doe service
therin and be subject to such orders as are requisite in that behalfe in
the several Townshipes wherunto they belonge.

MEETINGHOUSE IN EACH TOWNE.

It is enacted by the Court that there be a publicke house erected A house to be
in every Towne of this Govi'ment for the Towne comfortably to town for public
meet in to worship God ; and incase any Towne shall apparently ^^°''^'"'P-
neglect or refuse to build the said house ; it shalbe in the power of
the Gov', and Majestrates to appoint and authorise a pson or psons

176 LAWS OF THE [PART II.

to build the said house according to the abillitie and nessesltie of the
people and the charge therof to be defrayed by all the Inhabitants
and propriators of the Towne.

A committee ap- It is Ordered by the Court that wheras graunts of land have bin
tiie'iines be't'ween formerly made unto sundry freemen ; and many more freemen have
townshipT." petitioned the Court for land ; and the Court not knowing what lands

are yett undisposed of by reason of former graunts unto severall
Townes whose bounds are not certainly knowne this Court doth or-
der Mr. Constant Southworth and Willam Paybody with such psons
as the respective townes shall see cause to joyne with them to run
the hne ; and to sett the bounds of all such Townes ; where theire
bounds border on the Comons or undisposed lands ; whoe are im-
povvered together, or where any Towne shall omitt or neglect to
send or appoint men as aforsaid to joyne in runing such line or set-
tleing Townes bounds ; then the abovesaid Mr. Constant South-
worth and Willam Paybody shall have power to doe it themselves as
neare as they can ; according to graunts and records respecting the
p''mises ; and what they shall doe therin to stand vailed and unviola-
ble for the future and charge to be defrayed by the severall Townes
about which they shalbe imployed.

Also the Court have ordered and impounded the above named
Mr. Constant Southworth and Willam Paybody to run the line be-
tween Bridgwater and Middlebery Incase of the Treasurers neglect
that then Nathaniell Thomas Leiftenant Morton and John Thompson
to supply.
The comissioned It is Ordered by the Court that it shall and may be lawfull to and
prosecute^the ^^v any of the comission officers and souldiers in any of our Town-
war against the gj^jpes, with the advice of theire Towne councell if opportunitie

enemy in certain " 1 ^' i i

cases witiiout serve to consult them : or without if the p''sent exegency of an ad-

any express _ _ '■ .

authority. vantage against an enimie present to prosecute the warr against them

tho it should be without the respective Townshipps, as if such offi-
cers had a p'^ticulare comission therunto.
All required to It is Ordered by the Court, That during the time of publicke
bring their arms (jjji^nrer evcry One that comes to the meeting on the Lords day bring

to meeting on the o J o jo

l>ord's day. hjs Amics with him and finnished with att least six charges of pow-
der and shott until! further order shall be given ; under the penaltie
of 2' for every such defect to be levied by destresse by the Consta-
ble by order of any of the comission officers, for the Townes use.
None allowed to It 's Ordered by the Court That whosoever shall shoot of any
ccpuo fn"indian ^"" °" ^"7 Nesscsaric occation or att any Game whatsoever except
or a wolf. gjj- y,j Indian or a Woolfe shall forfeite five shillings for every such

shoti, till further libertic shalbe given.

PART II.] COLONY OF NEW PLYMOUTH. 177

1676.

Actes and orders of the Court made and concluded the 4th of
November 1676.

It is ordered by the Court and the authoritie therof ; That there A census ordered

. of all the male

be a true list taken of the names of all male psons m each Towne of inhabitajus be-

, . ^ , 1 • 1 r ■ J • tween the age of

this (jov'"ment that are betwixt the age ot sixteen years and sixty i6 and 60 years.
years whether they doe judge them able to doe service or disabled
therunto ; and those in each towne that are judged by the towne or
Comission Officers to be disabled from service that they be listed by
themselves after the rest ; and this to be brought to Plymouth under
the hand of the Clarke of the Company or Comission officers against
the next June Court.

It is ordered by the Court that each Towne choose two or three a valuation or-
men to take a more perfect and exact list of the Rateable estate of ^^ ^g [aken.
the Inhabitants of each Towne and for the better and more cleare
bringing in of an Inventory of the Rateable estate of each towne,
these rules are to be observed ;

First, That a Hst of the rateable estate of this Collonie shalbe
taken between the 20* of May and June Court ; and presented to
June Court.

2. That in all Townes noe impropriated lands lying dorman that
is within the Towneshipp is to be listed as rateable.

3. That in takeing of a list That beasts cattle sheep hoggs and the
number of them with the pi'ticular age shalbe expressed, and not a
valluation of the worth of them in a lumpe estimated by them that
take a list.

4. That after the list taken that the Towne meet together to hear
the list red ; that if any be wronged hee may make it appeer that
hee may be righted, and if any have not given a true list of his estate
it may happily be discovered and made manifest by some naighbours.

INDIANS.

Wheras there is an acte or order made by the Councell of Warr Male Indian cap-

tivGS ElboVG 14

bearing date July 1676 prohibiting any male Indian captive to abide years old notal-
in this Jurisdiction that is above fourteen years of age att the begin- in the Colony,
ing of his or theire captivity and incase any such should continew in
the Collonie after the time then prefixed they should be forfeite to
the use of the Gov''ment this Court sees cause to ratify and con-
feirme that order and acte and doe therfore order ; that all such as
23

X78 LAWS OF THE [PART II.

have any such Indian male captive that they shall dispose of them
out of the Collonie by the first of December next on paine of for-
feiting every such Indian or Indians to the use of the Collonie ; and
the Constables of each Towne of this Jurisdiction ; are heerby or-
dered to take notice of any such Indian or Indians staying in any the
respective tovvnes of this Collonie, after the time prefixed ; and shall
forthwith bring them to the Treasurer, to be disposed of to the
use of the Gov''ment ; as aforsaid.
Except such as Captaine Church haveing, for and in the behalfe of the Collonie
had agreed with, engaged to severall Indians ; about five or six ; That incase they
did cary well they should abide in this Jurisdiction ; and not sold to
any forraigne p''tes ; accordingly this Court doth confeirme the said
engagement and doth heerby tollarrate theire stay as aforsaid ; not-
withstanding any new law of this Collonie to the contrary ; excepting
if any of them should appeer to have had a hand in any horred mur-
der of any of the English p''ticularly excepting one Crossman ; whoe
is accused to have had a speciall hand in the crewel! murder of Mr.
Hezekiah Willett.
Indians who have It is enacted by the Court, That noe Indian or Indians of those
Govmimentnot that Came in and submitted themselves to mercye shall be p''mitted
arml*^'^ ^° ^^^'^ they nor any of theire posteritie to beare armes for the future within

this Collonie.

Indian servants It is enacted by the Court That noe Indians that are servants to

use gunstn any the English shall be pi'mitted to use guns for fowling or other exer-

case whatever, ^^gg . gg j^ging judged that it may prove prejudicial! in time to the

English ; and therfore that none shalbe p'"mitted soe to doe on paine

of forfeiting every such gun soe used to the use of the Collonie.

Persons selling or Forasmuch as by frequent and sad experience it is found that sell-
giving guns to . , . . 1 T V • • • 1

Indians to suffer mg oi armcs and amunition to the Indians, is very pi'nisious and
destructive to the English It is therfore ordered decreed and inacted
by the Court and the authoritie therof ; That whosoever shalbe found
to sell barter or give directly or indirectly any gun or guns or amu-
nition of any kind to any Indian or Indians ; and the same legally
proved against them ; every such pson or psons shalbe put to death ;
And in defect of full and legal! profie there the printed law prohibit-
ing the same selling guns or amunition &:c to take place.

Showameit neck The Court have ordered That the necke of land called Showa-
reiie*fofinaimeV >^"Gtt shalbe sold the prise wherof to be improved for the releiffe of
soldiers. mained souldiers and others that are in great nessesitie in our Collo-

nie whose Povertie hath bin caused by the late warr ; as alsoe for
the defraying of such just debts as the Country stands engaged
unto any.

PART II.] COLONY OF NEW PLYMOUTH. 179

The Gov^ Mr. Hinckley Major Cudworth and the Treasurer or Committee to sell

•'.*'. Showamett, &c.

any two of them ; are appointed, and impowered by the Court to and to distribute

the DrocGcds*

make sale of Showamett Mounthope and Pocassett in the behalfe of
the Collonie ; and to make and seale deeds in the Collonies behalfe ;
for the confeirmation of the sale of them or any of them ; and on
receipt of the monies ; to give acquittances and discharges as occa-
tion may require.

And the same psons, viz ; The Gov^ Mr. Hinckley Major Cud-
worth and the Treasurer, are impowered, together with one chosen
and deputed by each Towne in this Collonie ; or as many of them
as shall appeer att the time & place appointed ; To make distribu-
tion of the prise onely of Showamett for the releiffe of maimed soul-
diers and psons impoverished by the warr and poor widdowes such
as have lost theire husbands in the warr and others in great nessesitie
and for the defraying such apparent and just debts as are by the Col-
lonie owing unto any.

It is ordered by the Court and the authoritie therof that the GoV. The Governor

1-1 1 1 • /^i • 1 /> 1 A ''"'^ ^"y ^^'^ °^

or m his absence the deputie Gov. with any two more of the As- the Assistants

, 1 . , • r IT ma\' impress

sistants upon any sutJdain exegent or emergent occation lalling out men, &c. in cer-
wherin more of the councell can not speedily be convened shall have '^'" *'^^^^'
as full power and authoritie to presse and send forth men horses
arnies amunitions and provissions and all other Nessesaries Needful!
for the countries service, as if the whole councell of warr were con-
vened.

It is ordered by the Court and the authoritie therof That every Penalty for re-
such pson or psons as refuse or neglect to attend the countreyes ser- [he'coJntry"s ser-
vice wherto they are or shalbe pressed by any presmaster or theire ^^^'
deputies, by order from any legall authoritie beer established or Im-
powered, shall forfeit five pound ; or in want therof be compelled
to run the Gantlett or both as the Transgression shalbe cercom-
stanced, for every such default ; and where there is or may be op-
portunity for such delinquents timely to declare theire resolution not
to attend the said service that soe another may be pressed in theire
sted, and shall neglect the same shall forfit the sume of five pounds
more to be levied by destresse on theire goods, the said forfeitures
to be the one halfe therof to the countrey and the other halfe to the
Townes wherto such delinquents doe belonge ; the said forfeitures
being to be levied in such case as aforsaid in case a satisfactory rea-
son be not Given by such delinquents, to the court or councell for
such neglect, being forthwith to be brought up by the Constable or
his order to theire tryall.

It is ordered by this Court, That the comission oiScers of every

180 LAWS OF TH5 [PART H.

Towne together with the Towne councell or the Major pte of the

whole shall have full power and authoritie to appoint and require any

p""!}^ or p''ties of theire men as a scout for the descovery or surprisall

The commission of the enimio within or neare theire respective townes as alsoe for

officers of each , -r r- /• i • tvt • i i i

town with the the releiie oi any oi theire INaighbour townes or plantations as occa-
o'rder'out^a'sc'ou^ tion May require, also that the comission officer or officers in every
'^' towne are Impowered in case of any suddaine exegent wherin hee

or they cannot have oppertunitie ; to advise with the towne councell
lo coniaund or lead forth such a p^^ty of men as hath bine before
agreed on or to him shall seeme nessesary for the present releife of
any pte of theire owne towne ; or Naighbour towne assaulted or re-
pelling the enimie in his advance therunto and that every such soul-
dier as shall not obey in any of the cases appointed or comaunded as
aforsaid shall forfeite five shillings a day for such his default to be
levied by warrant from any of the Majestrates or celect men of the
towne or be layed necke and heeles where noe estate can be found
unlesse such delinquent give a satisfactory re&son to the Comaunder
and towne councell for such his neglect.
If any town neg- It is ordered by this Court and the authoritie therof That where
mutuai^defence the comission officers and Towne Councell of divers Townes are or
to be fined. shalbe in a consosiation or vicinety for their mutuall defence and

preservation ; and have and shall agree to keep out a standing scout
att any place for the comon Good of the whole vicinety aforsaid if
any of those Townes, shall fayle in sending and keeping out the
whole or any pi'te of theire men ; agreed to be on the said scoute,
shall forfeite to the other Townes in vicinetie as aforsaid, five shillings
for every day for every such man wanting to be levied by destresse
by warrant from any one Majestrate ; on the Goods of such delin-
quents or on the Goods of any of the comission officers or towne
councell of such defective Townes ; and by them to be recovered
by destresse or otherwise on the proper delinquents the said fines to
be Improved ; by the comission officers and Towne councell of any
the said Townes to promote the said scoute or other publicke ser-
vice of those townes.

It is further ordered that where the comission officers and Towne
councell of such Townes in vicinety as aforsaid, have or shall agree
to have such a pte of theire men in a reddines to march forth to the
releifFe of any of those townes assaulted or in eminent danger to be
assaulted or to surprise or repell any pty of the enimie ; which may
be descovered to lye lurking about any places neare any of those
townes ; wherby they may have oppertunitie suddainly to assault
them, if not prevented, if any such Townes shall neglect to attend,

PART II.] COLONY OF NEW PLYMOUTH. 181

that service on notice Given them, either by any of the Majestrates
or any two or three of the comission officers or tovvne councell ;
those townes shall forfeite five shills p"" man for every day wanting
therin to be levied as aforsaid for the publicke use of the other
Townes as aforsaid ; and if any pi'ticular p'"sons shall refuse to attend
the order of theire pi'ticular comaunder to march forth as aforsaid ;
unlesse a satisfactory reason shalbe given to the officers and councell ;
shall alsoe forfeite five shillings a day for every such neglect to be
levied as aforsaid and Improved by the comission officers and towne
councell of that place for the publicke service of those townes ; and
it is further ordered for the better Management of such expeditions
that the souldery mett together may chose one to take the conduct
of the whole beins; one of the comission officers of one of the said .

'-' _ , _ A commander

Townes ; whome they shall reddily obey as theire comaunder in from the commis-
cheifFe ; whoe is heerby Impowered to acte with the advice of his may be chosen.
councell ; The comaunders of the severall squadrons ; and such
other descreet men of his companie as hee shall see cause to advise
with in surprisall repelling p''sueing or distruction of the enimie as
occation and oppertunitie may present for the mutuall defence of
those townes or any other in destresse as may be and these to be
his and theire sufficient discharge.

Wheras divers pi'sons of Rhode Hand and others have from time
to time drove into and Pastured theire cattle and horses on, the
lands att Pocassett and places adjacent, and oft times in driveing of
the said cattle and horses from the said land, have drove and con-
veyed divers cattle and horses of other mens, wherby the owners of
such cattle and horses have bine deprived of them to theire Great
losse and damage ;

For prevention wherof ;

I It is enacted by this court That noe p''son whatsoever shall No person aiiow-

, ed to transport

Transport any cattle or horses from Pocassett or places adjacent to iiorses or cattle
Rhode Hand, which shall not first be viewed and theire markes by Rhode-island—
such as the court shall appoint, and alsoe shall pay to the viewer or
viewers one peny in mony p"" head for every beast soe viewed, on
forfeiture of twise the vallue of the said cattle to the use of this col-
lonie, that shalbe transported contrary to this order.

2. That noe pson whatsoever shall drive or convey any cattle or Nor from Rhode-
horses from Rhod Hand or any other places to Pocassett, or places set.
adjacent, there to Pasture them on the land of this Collonie leased
out by order of this court, without leave of the leasers and if any
psons shall soe doe Contrary to this order. It may and shalbe lawfull
for the said leasers, to Impound all such cattle and horses ; and

182 LAWS OF THE [PART II.

there to detain them, untill satisfaction for their treaspas be made

according to the law of this coUonie.

The abovesaid leasers Are Capt. Benjamine Church and John

Simmons.
Taxes to be paid 3. And it is further ordered That all such catde as are kept and
in the colony. Pastured in this collonie as aforsaid shalbe lyable to be rated propor-

tionably to what is layed upon other cattle, whose owners live within

this Gov''ment, and that noe snch foraigners catde shalbe transported
^°j® *? ^/.,^^'" out of this collonie untill such Just rates be payed to the above said

ried out of the ^ •'

colony till the leassers whoe are heerby Impowered to obtaine the same, for the

tax IS paid. '' ^ _

countryes use, as alsoe to use theire best care and Indeavors to pre-
vent the cutting downe or caraying away any of the timber on this
collonies lands aforsaid out of the same ; by seizing therof or arrest-
ing the psons that transgresse therin.

1677.

Alt the Generall Court held att Plymouth the fift of June 1677.

INDIANS.

Indians not allow- Whoras by frequent and sad experience great disorder acrewes by

ed to appear at , r t i- t-»i i • /-i • • i

Plymouth while the great concourse oi Indians unto Plymouth in Court times m that
session'."'^ '^ '" ^^^7 oftens they drinke themselves drunke wherby God is much dis-
honored and sober minded men offended ; It is ordered by the Court
that all Indians be prohibited from appeering att Plymouth in Court
times, except upon speciall occations, without order from some one
of the Majestrates of this Jurisdiction, or a Celectman, on paine of
the payment of a fine of five shillings ; for any that shall appeer with-
out a certifycate, as aforsaid or to be publickly whipt.

WINE LIQUORS &C.

July- As an addition to former orders of the Court for prevention of the

A former order • • n i i i i •

relating to the growing mtollcrable abuse by wine stronge liquors &c. both amongst

to be extended to the Indians and English — It is ordered by this Court and the author-

s rangers. j^j^ j|^g,,QC |}-,jjj. j|jg order mensioned in the printed booke of lawes

Chap. 13. N. 1 . of retailing wine stronge liquors &c. without lycense

is to be construed as intending strangers as well as others.

ORDINARY KEEPERS &;C.

It is enacted by the Court that noe ordinary keepers or other pson

PART II.] COLONY OF NEW PLYMOUTH. 183

or psons shall sell draw or suffer to be dravvne any wine or strong li- Penalty for seli-

.».-., ing wine, &c., to

quors to any but strangers except incase of manifest sicknes or nes- any but strangers,
sesitie in that kind ; on paine of ten shilling forfeite for every such
default the one halfe to the Country and the other halfe to the enfor-
mer.

It is ordered by the Court and the authoritie therof that none shall No wine, «&c., to

. ,. ^ be delivered to

presume to deliver any wine stronge liquors or Cyder to any pson or any person who

, , .,,^ , , ' , it is suspected

psons wnoe they may suspect will abuse the same, or to any boyes will use the same
gerles or single psons tho pretending to come in the name of any ^^""""^ " ■^'
sicke pson without a note under the hand of some sober pson in whose
name they come on paine of five shillings for every such transgres-
sion ; the one halfe to the Country and the other halfe to the enformer.
And forasmuch as it is Judged that leteing the Indians have silver
mony is a great meanes wherby they are furnished with liquors to
theire great abuse through the inordinate love of theire mony by some
covetous or evill minded English It is therfore ordered by the Court
that noe English or other nation whatsoever liveing with us shall give
trucke or lend any silver mony to any Indian or Indians on any pre-
tence whatsoever on paine of five times the valine therof to be for-
feite ; the one halfe to the Country and the other halfe to tiie enformer.

The names of the men appointed by the Court in every Towne to Persons appoint-
see the orders about and against abuse of drinke and liquors put in ^^t iiito*^effect. ^'^
excution are as folio weth. f^l'iit'^ ^°^'

Plym. Serjeant Harlow Barns. M""- Huckens

Andrew Ringe M'"- Bai'nabas Laythrop

Duxbur. John Wadsworth Swansey John Butterworth Seni

Benjainine Bartlett
Scittu. John Bryant Marsh. Thomas Doglied

Thomas Wade Ephraim Little

Sandw. M'- Edm^i Freeman Reho. Mr. Sam^' Newman

Thomas Tupper
Taunton James Walker Easth. Will. Walker

Joseph Wilbore Daniel Cole Seni""-

Yarm. John Hawes Bridgw. Serj. Cary

Anthony Frey John Haward

MILITARY.

It is enacted by the Court That all such psons in this GoVment July,
whoe have served under Comission in the late warr against the Na- served as officers
tives shall not be compellable to serve in the Milletary Companie in shdrnot^brcom-
any lower capacitie then Comission officers ; and those officers whoe P*^"*^,'^ ^° ^'^''^^

•' J^ ^ in a lower ca-

served in lower degree shall returne to theire former station. pacity.

Jg4 LAWS OF THE [PART II.

The order relat- It is enacted by the Court That the order made by the Generall

inf of ams"to Court October the fourth 1675 respecting carrying of armes to the

bl^exefuted!^ '** Meeting be put in execution by all such psons as are by the Lawes

of this Collonie required to beare armes viz : the one halfe of the

Companie one day and the other the other day and soe continewed

untill further order to Contrary from the Gov^ or Councell

It is enacted by the Court That the order of Court made Anno
1644 allowing Matchcockes be repealed ; and that all psons required
by the lawes of this Collonie to keep and maintaine armes ; be att all
times provided with sufficient fix feir lockes or snaphance musketts
or other servicable peeces not exceeding four foot and an halfe longe ;
nor under Colliver bore on penaltie of six shillings to be levied on
the estate of all and every such pson or psons as by order are ap-
pointed to keep and maintaine the same ; and that every such pson
required to keep and maintaine armes shall for every fier locke or
snaphance be alwaies provided with thirty flints on penaltie of twelve
pence fine.
The commission- It is cnactcd by the Court ; that the Comission officers in each
town to enforce a Tovvne of this Gov''ment doe speedily put in execution the order of
fat'bl' to' defects Court made the fourth of July (73) for serching for defects of armes
of arms. ^^^ amunition.

Military compa- It is enacted by the Court that the Order of Court bearing date
four times a year. 1640 shall by the Milletary Comission officers of this Jurisdiction be
put in execution againe viz : The order concerning Training ; with
this limitation and addition that wheras formerly the Milletary Com-
panies were required to traine six times in a yeer they are to traine
or be exercised but four times in a yeer ; and that they not onely
traine theire souldiers in theire postures and motions but alsoe at
shooting att Markes &.

SELECT COURTS.

Nov. It was enacted That wheras complaint is made that the order of

Sen^Xn'tiTe Court made June 1675 concerning Celect Courts that there should
^^^^' be but two in a towne annually, proveth very prejudicial! to severall

of our Inhabitants ; It is therfore ordered by this Court that the Ce-
lectmen in any of our severall Townes may hold one or two Courts
more in a yeer in theire respective townshipes ; one on the first Tus-
day in the month of December yeerly and on the first Tusday in
May ; if they see cause soe to doe.

STRANGERS TRADING WITH INDIANS,

Forasmuch as great inconvenience doth arise by strangers lying

PART II.] COLONY OF NEW PLYMOUTH. 185

with theire vessells in our harbours trading with the Indians wherby
such as belonge to the said vessells have not onely opportunity by
theire Trading to defeat such just debts as the said Indians are in-
debted to our English Inhabitants, by theire carrying all they have to
such traders but alsoe being found by experience, that therby the In-
dians are furnished with prohibited goods contrary to the lawes and
peace of this Gov''ment ; as liquors guns and amunition &c.

This Court doth therfore order that noe foraignor doe henceforth No strangers per-

, . , , . ,, . „ , , J ■ 1 mitted to enter

lye with his vessell in any oi our harbours soe as to trade witn any the harbors of the
of the Indians of this Jurisdiction under any pretence whatsoever on purp°o^e°of Trad-
paine of the forfeiture of his vessell and goods to the Collonies use ; difn^'^'^ ^^^ ^"'
or the sume of five or ten pounds as any of the Majestrales or Court
may see cause as the matter may be cercomstanced.

SCHOOLS.

Forasmuch as the maintainance of good litterature doth much tend Every town hav-

. . ^ . . ing fifty families

to the advancement of the w^eale and flourishing estate of societies shall raise at least

^ jtll2 Tor tHc suD"

and Republiques — This Court doth therfore order ; That in whatso- por^ of a Gram-
ever townshipp in this Govi'ment consisting of fifty families or up- ""^"^
wards ; any meet man shalbe obtained to teach a Gramer Scoole such
townshipp shall allow att least twelve pounds in currant marchantable
pay to be raised by rate on all the Inhabitants of such Towne and
those that have the more emediate benifitt therof by theire Childrens
good and generall good shall make up the resedue nessesarie to main-
taine the same and that the proffiits ariseing of the Cape Fishing;
heertofore ordered to maintaine a Gramer Scoole in this Collonie,
be destributed to such Townes as have such Gramer Scooles for the
maintainance therof; not exceeding five pounds p anum to any such
Towne unless the Court Treasurer or other appointed to manage that
affaire see good cause to adde therunto to any respective Towne not
exceeding five pounds more p"" anum, and further this Court orders
that every such Towne as consists of seaventy families or upwards
and hath not a gramer scoole therin shall allow and pay unto the next
towne which hath such Gramer scoole kept up amongst them, the
sume of five pounds p annum in currant merchantable pay, to be lev-
ied on the Inhabitants of such defective townes by rate and gathered
and delivered by the Constables of such Townes as by warrant from
any Majestrate of this Jurisdiction shalbe required.

Wheras the late warr hath bine very chargable to the severall Expenses of the
townes of this gov''ment and many debts occationed therby are still frayed by the
due this Court considering that by the good providence of God there ]^^^s.
are several Tracts of conquered lands doe therfore order that Show-
24

186 LAWS OF THE [PART II.

mett lands and Assonet shalbe sold to defray the present debts ; and
that all other such lands shalbe either sold, if Chappmen appeer to
buy theni within a year or two soe as to settle plantations theron in
an orderly way to promote the publicke worship of God, and our
own Comon Good and the produce therof shall be divided to the
severall Townes in this Gov''ment according to their different dis-
bursments towards the aforesaid warr, and what of the aforesaid
lands shall then reraaine unsold shalbe divided to every of our
Townes ; their part according to the rate before mensioned, alsoe
the Comittee to make sale as aforesaid shall give accompt of any of
their actings therein to the next Generall Court after such theire
actings.
Taxes for the Wheras many wayes have bine tryed for the raiseing of a com-

worship°how '* fortable and certaine maintenance for the minneslers of the Gospell
^^^^^^- in this Collonie, which notwithstanding some plantations not giveing

due Incurragment to those that were or should have bine improved
in' that honorable and profitable worke ; some plantations have for a
considerable time and still doe remaine destitute of the publicke
preaching of the word unto the great prejudice of theire owne soules
and continewed greifFe of all well affected amongst us : And in some
other plantations, where minnesters are yett continewed the meanes
for theire support is raised with great difficulty and uncertainty ;

It is therfore enacted by this Court and the authoritie therof that
such sumes as the people of the severall Townes or Plantations in
this Gov''ment doe agree to allow to theire respective minnesters or
for defect of theire mutuall agreement such sume or sumes as the
Court shall judge meet and appoint to be payed to them or to be
raised for incurragement of minnesters to settle in such places as now
are or att any time may be destitute shalbe raised by rate on all the
rateable inhabitants of the severall plantations of this Govi'ment, and
shall yearely goe forth att the same time and in the same rate that is
to be made and levied for ordinary country charges and shall in the
severall plantations be made and by the constables be gathered ther-
with, and by them payed to the* Treasurer or his order in such spe-
cie and in such seasons as the Majestrates sallery is usually paid in ;
and if any townes rators or constables make default of what is of
them required respecting the premises, they or any of them in whom
the defect is found that obstruct the full and timely execution therof,
shalbe liable to such pcnaltie or fine as is provided respecting the
makeing gathering or paying of other country rates and in such plan-
tations where noe allowed minnester is some pi'son or p''sons shalbe
by the Court appointed by the Treasurers order to receive the said

PART II.] COLONY OF NEW PLYMOUTH. 187

sumes there raised which shalbe improved to such publicke piouse
use in that plantation as the Court shall direct unto : this order to
take place att p'"sent wher there is noe other provision made for the
effecting of the said ends.

These are to signify unto all to whom these pi'sents shall come Indian children
that this Court sees cause to prohibite all and every pi'son or p'"sons °o be'^p'uniVased
within our Jurisdiction or else where to buy any of the Indian chil- ^f the"cour"r"'
dren of any of those our captive salvages that were taken and became
our lawfull prisoners in our late warrs with the Indians without spe-
ciall leave liking and approbation of the govHuent of this Jurisdiction.

1678.

It was enacted by the Generall Court That in every place in this june.
Gov^ment wher a Township is or that is capeable for a Townshipp mai^"ainTJiinif-
being begun to be peopled though not filled with Inhabitants ; they ^^'^ ^"^ ^ assisted
or few of them being desirous to promote the publicke worshipp of
God amongst them ; shalbe assisted by this Gov''ment, soe as that
the charge to gett an able faithfull preacher of Gods word and to
maintaine the same shalbe raised upon all the Chatties and lands or
other rateables, of all the Propriators of any such place that is there
found.

FINES PD IN SILVER.

Att the said Court it was ordered that all fines falling by the Fines for selling
transgression of the lawes prohibiting the retailing of wines liquors iicens^eTo be"paid
beer or cyder without lycence ; and all fines for selling of wine beer '" ^''^*^'^"
liquors or cyder to the Indians shalbe payed in silver mony.

MEETING HOUSES BUILT REPAIRED & ENLARGED.

It was enacted by the Court that there be a publicke house or a house for pub-
houses erected finished repaired and inlarged as there shalbe need, buiu and're-° ''^
in every Towne and village in this GoVment allowed ; to sett up P^"^'^ '" ^^'^""y
the worship of God in ; for the people in such respective places, to
meet together for that end ; and in case the people of any such place
shall refuse or neglect soe to doe ; It shall then be in the power of
the Court ; to appoint or authorise a pson or psons to build finish
repaire and inlarge such said house from time to time as need may
be ; according to the abillitie of the people of any such place ; re-

188

LAWS OF THE

[part II.

quiring men to make a rate or rates upon all the Inhabitants and pro-
priaiors, of any such towne or village ; To defray the charge of any
such worke ; and alsoe to require the Constable to gather such rate
or rates and make payment therof where it shalbe due for such
worke.

Persons who
have not taken
the oath of fideli-
ty not allowed to
vote in town
meeting.

Intruders in' the
colony to be
warned to depart ,

Penalty for af-
fording accom-
modations to
such persons.''

Wheras complaint is made that the voaleing of p''sons that have
not taken the oath of fidellity, doth much obstruct the carrying on of
religion in the publicke weale — It is enacted by the Court that noe
pson whoe hath not taken the oath of fidellity shall have libertie to
voate in any Towne meeting untill hee hath taken the aforsaid oathe
and that there shalbe a record of the names of all that have or doe
take the said oath, and kept by the Clarke of every towne of theire
owne men that have taken the same.

For the preventing of prophanes increasing in the Collonie which
is soe provoakeing to God and threatening to bringe Judgments upon
us ; It is enacted by the Court as an addition to our printed order
Chapter 9''^ folio 30"» That none shall come to inhabite without
leave &c. and if any have or shall alt any time Intrude themselves to
inhabite any where within this Collonie, not attending the aforsaid
order, shall forthwith be warned to be gon out of the Collonie, which
if they shall not speedily doe, then every such offender shall pay five
shillings p weeke for every weekes continuance in this Collonie after
warning to be gon.

And if any of our Inhabitants shall att any time sell or heir out
accomodation in this Collonie to any that have not according to
Court order bin accepted into this Gov'"ment, or otherwise enterlaine
any such Inhabitant they shalbe fined five or ten pound, or more
according to the descretion of the Court ; hopeing the Court vvilbe
carefull ; that whom they accept off; are psons orthadox in theire
Judgments.

1679.

Att the Generall Court held by adjournment att Plymouth for the
Jurisdiction of New Plymouth on the third of July Anno Dom. 1679.
Actes and orders made and concluded as followeth.

SEALERS OF LETHER &C.

It is enacted by the Court and the authoritie therof That the

PART II.] COLONY OF NEW PLYMOUTH. 189

sealers shall make such within their limitts in any house shopp or Sealers of leather

rcciuirect to

ware house where they shall conceive such defective lether is to be searcii for defec-
sold or delivered whether made up into shoes boots or otherwise as
oft as they shall thinke meet ; And seize all such leather or shoos.
And any lether sold or offered to be sold brought or offered to be
serched or sealled contrary to the true intent and meaning of this
order ; the same to seize and retaine in his or theire Custody and
if the owner shall not submitt to the Judgment of such officer or offi-
cers ; shall within three daies ; call to him two or three honest and
skilfull men in such waie to view the same in the p'sence of the ptie
concerned or without him hee haveing notice therof whoe shall cer-
tify upon theire oathes to the Court or some one of the Majestrates,
the defect of the said lether ;

And that the forfeiture of such lether or shoes as aforsaid one third To whom the for-
thereof shall goe to the searcher, and the other two thirds to the '^"^"'^ accrues.
plantation wherin the offence is comitted.

And if any scalier of Lether shall refuse with convenient speed Penalty for refus-
to scale any leather sufficiently tanned wrought and used according weiUam^ed!^
to the true meaning of this order, or shall scale that which ought not
to be sealed according to this order, shall forfeit for every such de-
fault twenty shillings.

It is enacted by the Court &c To the intent, that the Countreyes The answer to
affaires may be the better carryed on att the Generall Courts of elec- mldeauheelec-
tion ; That the answare to p''sentments and thinges of like nature ; deferredto the''^
that may conveniently ; be referred to July Courts. •'"'•>' *^°"'''-

OATHS.

It is enacted by the Court &c. That all publicke civill Officers Forms of oaths to

have an oath formed for each office and brought to the printed booke. all civil' officer's.

It is enacted by the Court That the Secretary be yearly under The secretary re-

, quired to take an

Oatn. oath of office.

It is enacted by the Court &c. That the deputie Gov*" be under The deputy Gov-

^1 1 1 ,1 /• 11 1 ernor to take an

oath as such and theriore annually chosen. oath of office.

EVIDENCES ON FILE NOT WRIT BY PARTYS.

It is enacted by the Court &c. That all evidences p''sented in the Depositions to be
Court be kept upon the file ; and that henceforth none be admitted hiteresle/ p^erson
written by the plaintifle or defendant or either of theire Attorneyes, aj'^d to be kept on
but by some indifferent pson and in the witnesses owne words ; and
alsoe strictly examined by Court or Majestrate as the case may re-
quire for the clearing of the truth.

190 LAWS OF THE [PART II.

COST AT COURT PD IN MONEY.

Costs of suits to It is enacted by the Court &c. That all costs of Court graunted

be paid in silver. . , , , . ., i i i • ^

m any action be payed m silver money as hath bine accustomed.
Where property j^ jg gnacted bv the Court &c. That in all executions for the levy-

cannot be lound •' •'

to satisfy on exe- [^ar of dcbts in specuc accordinff to contract and satherine of rates

cution according ° ^ _ _ ^ «

to contract, otiier and fincs as by order of Court is required — That where the specue
attached. will not be tendered nor cannot be found, there other goods levied or

destrained shalbe sold att an outcry to procure the same upon pub-

licke notice given therof.

CONSTABLES POWER OF WATER EAYLEY.

Constables may It is enacted by the Court That the Constables are impowered

distrain for rates , "^ _ '■

without warrant, without warrant to make distresse for all sorts of rates orderly made

and may exercise • i i a i i i /-i i i • i

thepowerof wa- and comitted to them to collect. And that the Constables in the
severall plantations shall have the power of Water Bayleys in the re-
spective plantations where there is occation for the same.

1680.

Att the third session of the Generall Court held at Plymouth the
28'h of Septem. 1680.

INDIANS.

Magistrates may It was Ordered by the Court, that it shalbe lawfull for any of the

give hcence to . t^ i- i i, r ii

sell powder, &c., Majestrates, to give a lycence to any Ji,nglish ; to sell to our irendly
dians. Indians such smale quantities of powder and shott, and to lend such

amies to such of them, as such Majestrates shall see cause to lycence
therunto ; under his hand ; which tickett shalbe a sufficient warrant
to such English, any order of Court, to the contrary in any wise not-
withstanding.
Ten pounds add- jj ^gg voted bv the Generall Court That our honored Gov now

ed to the salary . •'

of the Governor. In being shall have ten pounds in silver mony added to his yeerly sal-

lery annually.
wrry oys^'terf '° ^his Court doth Order that all such as are not of our Collonie be
from Taunton hecrby prohibited of fechine; oysters from Taunton River with boates

river except in- •' '^ .

habitants of the or any Other vessells and in case any such shall persist on in soe doe-
ing after warning given to the contrary, This Court doth order John
Hathway of Taunton and doe hecrby im power him to make seizure
of such boates and vessells for the Collonies use.

PART II.] COLONY OF NEW PLYMOUTH. 191

1681.

Actes and orders of Court made and concluded by the Generall
Court at theire second session att Plymouth the 7"i of July Anno.
Dom. 1681 as follovveth.

APPRISEMENTS.

For the apprisment of goods or other estate to be levied by des- Goods taken by
tresse or execution, it is ordered and enacted by the Court; That praised! ^°^'^P'
hee whose estate is to be prised, is to choose one apriser; and bee
that is to receive the estate prised, is to choose another appriser, and
in case either neglect to choose ; then the Constable or marshall to
choose one for him ; and if they two agree not, then the Marshall or
Constable to be the third man ; and where the pi'tye concerned refus-
eth to sett forth suitable estate, both as to nearnes of sume to be
levied and to the specy due ; there the Constable or Marshall shall
seize such goods as may best suite therunto : to be equally and indif-
ferently prised according to the specye due and not overprised.

Wheras there was an order to sell goods att an outcry — In refer- a former order

xi , • -^ • 1 .1 /^ , 11 relatiner to sale of

ence to the p'^mises ; it is now by the Court repealed. goods by emery,

repealed.
ATTURNEYS ALLOWANCE.

It is ordered by this Court that there shall not be allowed above Fees of attomics.
five shillings cost for any attorny or attorneyes to any one action — and
where there shall happen to be but one attorney entertained but one
day in any one action ; then to have two shillings and sixpence onely
allowed him for cost therin.

It is ordered by the Court that every Towne in this Jurisdiction Three men to be

choose three men to be joyned together with those of the Comission J'o °^,^"o b" :^^lf^^

officers and theire towne Councell. to the town coun-

cil.

Concerning Celect Courts wheras sometimes it falls out that the where the piain-
plaintiffe not residing in the same Towne where the case is depend- in the'^same'^town
ing They shall putt in Caution to repaire the defendant if found ino- pending'he'"han
sent before the plaintifFe hath sumons graunted him. &'^'^, security to

^ ^ the defendant for

costs.

SELECTMEN.

Wheras the law saith that the Celectmen shall have theire pay att vSeiectmen to be

,,...»,. ,. . . , , , 1 /-, , paid when the ac-

the bringing in ot theire verdict it is now ordered by the Court that tion is entered,
they shall have theire pay att the entering of the action.

192 LAWS OF THE [PART II.

SUMONS WITTNESS.

Selectmen may Wheras vve find noe provision in the law to obtaine any witnes out

summons wit- ^ , , . . , . i • i v

nesses from other 01 any Other towHS to bringe evidence in any case that is depending
°^"'" out of the Tovvne where the witnes lives, it shalbe lawfuU for either

plaintiffe or defendant to require a subpena of any Celectman of the
same Tovvne where the witnesses live to require any pson to appeer
before some one of the Celectmen of the same Towne ; to give evi-
dence before some one or more — whoe shall convey it to the C elect
Court of that Towne where the case is depending.
Penalty for refus- If any pson be legally subpenaed to give in his evidence before
wffen summoned any Celect Court or Celectmen, and shall either refuse or neglect to

3S 3. wilncss

give in his evidence, being capeable to give evidence in the case ;
shall pay for every such default, a fine of twenty shillings ; to the
use of the ptie wronged ; for want of such evidence.

MILITARY.

All ofKces in the It is enacted by the Court in reference unto Milletary discipline

military compa- . ^ . . .

nies tobe filled. That all the Milletary Companies in this Gov'"ment be made com-

pleat in theire officers of as able and fit men as they may be.
Soldiers to be Jt jg enactcd by this Court That every souldieer in this Jurisdic-

lurnished with a _ "^ _ •'

sword or cutlass, lion that beares armes be with all convenient speed furnished with a
compleat sword or cutlas.

CHOICE OF SELECTMEN.

Selectmen how to It jg ordered by the Court and the authoritie therof that the choise

be chosen and "^

sworn. of Cclcctmen be specified in the warrants that are sent downe to the

severall Townes for the choise of his Ma''^'' officers ; and theire
names to be returned unto the Court under the Constables hand and
to be called in Court to take theire oath as is in such case provided ;
and if incase any providence prevent theire appeerance then to appeer
before some Majestrate of this Govment ; within one month after the
said Court to take oath under the penalty of twenty shillings further it is
Each town to pro- euactcd by this Court That each Towne of this GoVment doe pro-
records for the vide a booke wherin shall be entered all those orders of Court as
are or shalbe made for direction of said Celect Courts by the Secre-
tary being first to enter all said lawes in each of the said bookes or
send coppyes therof to each Towne.
The military offi- It is Ordered by this Court that the Comission officers of the Mil-

C6rs dircclGcl to

see that one fourth Ictary Companies of each Towne in this Gov'"ment doe take care

pany bring their that ouc fourth ptc of Said Milletary Companies doe bringe theire

oiuheLord's^da"/ ar'TiGs fixed to the Meetings every Lords daye ; with every souldier

bearing armes six charges of powder same shott viz begining from the

PART II.] COLONY OF NEW PLYMOUTH. 193

beginning of Aprill to the end of October yeerly and every yeer as
well in times of peace as vvarr ; onely in times of danger they shalbe
increased as the Milletary Comaunders and Towne Councell shall
see cause and that such as palpably neglect or refuse to pi'forme theire
duty therin shall forfeite two shillings for every such neglect ; and ten
shillings incase it appeers to be in contempt ; To be gathered by or-
der from the Comission officers to the Constable, and where it ap-
peers that any doe ordinarily and p'"posely keep from meeting be-
cause they would not bringe theire armes as aforsaid to be summoned
to the Court to have such reasonable fines as to the Court shall seem
meet, saveing such townes wherby agreement amongst themselves
they have such a number of men proportionable to aforsaid order
constantly to carry theire armes on every Lords day to the meetings.

1682.

Lawes and orders made by the Generall Court holden att Ply-
mouth July the 7, 1682.

INDIANS.

With reference to the Indians for theire better regulating and that
they may be brought to live orderly soberly and dilligently.

First — It is enacted by the Court and the authoritie therof, That in An overseer of
each Towne of this Jurisdiction where Indians live ; some one able appointed in each
descreet man be appointed by the Court of Assistants from time to 1°^" ^ ^"^^ * ^^
time as oftens as need shall require to take the oversight and Gov""
ment of the Indians in the said Towne according to such lawes or-
ders and instructions as are or shalbe made and given by the Generall
Court.

It is ordered by the Court that the said overseer with the Tithing- The overseer and
men in that Towne shall have power to heare and determine all causes {owD"f^y°de?e'r-
that may happen betwixt Indian and Indian Capitalls and titles unto ""JJ*^ s'^b'^tw"
lands onely excepted alwaies allowing liberty of appeale to any pty ^^^ Indians.
greived att theire Judgment to the Court of Assistants.

It is enacted by the Court; That the said overseer shall have The overseer
power by warrant under his hand to comaund any English Constable "on'stabierto'
in his Township and all Indian Constables whatsoever to arrest attack cesles!^^*' ^^°'
summons & serve executions on the body or goods of any of the In-
dianes for any matter or cause that may in his Court be heard and de-
termined.

25

194 LAWS OF THE [PART II.

Every tenth In- That in each towne where Indians doe reside every tenth Indian

dian in each town , ,, , i i r^ r * • • i i

to be chosen over- shalbe chosen by the Court ot Assistants or said overseer yeerly

seer of the other
nine,

whoe shall take the Inspection care and oversight of his nine men
and present theire faults Misdernenors to the overseer which said
overseer shall keep a list of the names of the said Tithingmen and
those they shall have the charge of and the said tithingmen shalbe
joyned to the overseer in the administration of Justice and in hear-
ing and determining of causes and in case Tithingmen doe not agree
with the overseer in case that may come before them in Judgment
then the said overseer shall have a negative voyce and such case
shalbe removed to be determined by the Court of Assistants,
ludian constables That the Ovcrseer and Tithingmen shall appoint Constables of the

to be appointed ^ ^ '

annually. Indians yeerly who shall attend theire Courts and the said Constables

shall obey all the warrants of the Overseer on such penalty as the
Court of Assistants shall inflict.

Indians to pay Every Indian shall pay such rates for his head and estate as the

such taxes as the /-., r a • in • r • • i • i

court of assistants ^^ourt oi Assistants shall appoint irom time to time ; which rates
shalbe made and proportioned by the overseers Court and gathered
by theire Constables and payed to the Treasurer or his order.
AH the Indians to That oucc cvery yccr the Overeer shall sumons all the Indians
onc^ayeaf,^and within his Townshipp to mectc together where and when he shall
thYcriminanaws! appoint a"d there shall hee cause to be read to theire inderstanding
all the Capitall and criminall lawes of this Collonie that they may
know and observe them.
The Indians to be That every Indian in this Collonie shalbe subject to all the Capi-
criminai laws of tall and criminall lawes that are or shalbe made for the English of
°^'* ' this Collonie and for breach of them suffer the same penalty wher
noe other law is provided for them.
How to be pun- All Indians for drunkenes shalbe severly punished for the first
enness. transgression they shalbe fined five shillings or be whipt for the sec-

ond ten shillings or be whipt and soe for every lime any of them
shalbe convicted of drunkenes before any Court Majestrate Overseer
Tithingman or English Constable.
The overseer As an addition to a law made in November 1676 prohibiting all

directed to seize i x i- ti • t • r i

arms in posses- such Indians as were our Enemies to beare armes It is lurther en-
acted That the Overseer of the Indians in each Towne shall take
speciall notice and make Inquiry from time to time whoe of the said
Indians have procured any English armes and seize the same for the
use of the Collonie allowing one halfe of the valine to the Informer.

No foreign In- That noc foraigiie Indian of other Collonies or Plantations shalbe

dian allowed to _'-'

hunt in any town suffered to huut in any Towne or Plantation of this Collonie without
cept— ' a pmitt from a Majestrate or the Celectmen of that Towne wher they

PART II.] COLONY OF NEW PLYMOUTH. 195

shall desire to hunt shewing for how longe they desire to stay ; on
penalty of the forfeiture of all such furrs and skins as they shall theire
gett ; nor shall any forraigne Indian have a p''mitt to hunt in this Col-
lonie unlesse they bring a certifficate from the place whence they
came.

Wheras the Indians by theire disorderly removeing from one place No Indian allow-
to another live idlely and on the labours of others and spend theire from one place to
time to noe profitt — It is therfore enacted by the Court that noe In- hTa^ve oaile over-
dian whatsoever shall remove from one place to another without a ^^^^'
pmitt in writing from his overseer declareing for what cause or how
long and whether hee or they are goeing ; and if any Indian shall
remove from one place to another without his pmitt hee shall be
taken up by the Constable of that place where such wanderer shalbe
found, and carryed before the next overseer whoe shall cause him to
pay a fine of five shillings or be whipt ; and sent home to his owne
place ; and where noe overseer is to be found the English Constable
in that Towne where such Indians are to be found as aforsaid shall
execute this office as the overseer above named might doe nor shall
any Indians remove from one place or plantation to another ther to
abide above three dayes but shall goe to the overseer of that towne
wher hee is removed for his pmitt ; declaring for what cause hee
came thither and how longe hee or they desire to stay ; and if any
Indian shall stay in any place without a pmitt in writing as abovesaid
hee shalbe fined five shillings or be whipt and alsoe sent backe to
the place of his former abode.

Forasmuch as the office of an Overseer is & wilbe burthensome The overseer al-
and chargable It is therfore ordered that hee shalbe alowed out of ^^^^^j; 'Jhe^ public
the publicke Treasury a yearly sallery. treasury.

The said overseers and Constables shalbe accomptable to the
Treasurer for all Indian rates and fines ; And that all English and
Indian Constables shalbe payed by the overseers for serveing war-
rants in Criminall cases and inflicting of punishments on the Indians
out of the Indian fines or rates.

It is enacted by the Court and the authoritie therof ; that if any Runaway Indian

T T , • I 1^ 1- I 1 11 servants to be

Indian whoe is a servant to the Enghsh shall run away amongst any whipped.
Indians such Indians whither such a runaway Indian is come shall
forthwith give notice of the said Runaway to the Indian Constable
who shall Imediatly apprehend such Indian servant ; and cary him
or her before the overseer or next Majestrate whoe shall cause such
servants to be whipt and sent home by the Constable to his or her
master whoe shall pay said Constable for his service therin according
as the Majestrate or overseer whoe sent such servant home shall
judge meet.

196 LAWS OF THE [PART II.

The Governor "pijig Court doth request our Honored Gov^. that now is ; to take

requested to take ...

the general the Generall oversight & inspection of the whole affaire of the GoV-

charge of the r i t i- •

Indians. ment of the Indians m such manor ; as by the law is or shalbe pre-

scribed from time to time and to take care of the Preaching of the
Gospell amongst them ; and admitting such of the Indians to preach
to them as hee shall thinke fittest for that service ; and alsoe to dis-
tribute amongst them ; what for that end. comes yearly from England
and is allowed to them by the Comissioners of the United Collonies
in such manor as hee shall see meet.

DEBTS WHAT PROOFE &C.

Merchants' books Whcras divers Marchants Shopkeers Tradsmen and Handicrafts-
sworn to, to be f^en havc traded sold and trafficked theire goods wares and Mar-
d^enceofd^ebt.^'" chanteice to divers psons in private and theire Costomers oftens
sending for such thinges as they need by children and servants under
age &c wherby such marchants shop keepers and Tradsmen have
noe opportunity to take bonds bills or witnes of the delivery of theire
goods Yett just it is that such dealers should be duly payed for
theire wares and marchantice It is therfore enacted that all and every
marchant shop keeper dealler &c. shall keep a book of theire deal-
ing and trading fairely writteng downe therin both debt and credit
and the said Marchants theire factors or servants or any of them that
shall deliver any such wares or marchandice ; makeing oath that the
said Booke of accoumpts is true both for debt and creditt ; such
booke of accoumpts shalbe held sufficient in law for the recovery of
any debt within four yeers after the dehvery of any such goods ;
But if the defendant will take his oathe that hee had not those goods
charged in the booke or accompt ; or that hee hath payed for the
same ; then the case shalbe tryed and determined according to the
best and strongest presumptions the p^'^^ concerned shall produce.

FENCES EQUALLY MADE &C.

Division offences For the scttlcing and maintaining of right amongst Naighbors about
shall be made by fences It is enacted by the Court and the authoritie therof That all

adjoining propn- ^^"^^'^ j

etors in equal g^^h psons as doc Or shall make improvement of theire land by til-
proportions. ' _ _ '

ling moweing or grasing which doth or may lye and be adjacent to

the lands of any other whoe make improvement of theire land afor-

said ; The one propriator or improver shall make and maintaine one

halfe of the fence and the other the other halfe of the fence in the

line or range between the said land ;

And where one pson shall improve his land before his Naighbour

and make the whole fence himselfe ; if afterward his said Naighboure

PART [T.] COLONY OF NEW PLYMOUTH. 197

shall improve his land alsoe hee shall pay his Naighbour for halfe the
fence against his land ; according to the present value of it and shall
maintaine the same, and if any such pson shall sease to improve his
land as aforsaid then any pson that hath joyned fence shall have lib-
erty to purchase his p^te of the fence that seaseth to improve paying
him according to present vallew^ by apprisement of indifferent psons.
And when any psons shall make improvement of theire land lying
together ; and either of them shall refuse or neglect to make or main-
taine one halfe of the fence between theire land lying together as
aforsaid ; The ptye makeing the whole fence in the line or range as if one of the pro-
aforsaid shall cause the same to be viewed and apprised by psons to make "hi fence
mutually chosen by hira and his naigbour ; but if the naighbour whoe maife'the "^h^ie
refuseth to fence shall refuse to chose any to view and apprise the a"d recover the

•' rr cost of the clehn-

fence then hee that made the fence shall have liberty to make choise quent.
of indifferent psons to view and apprise the said fence ; and the pty
refusing or neglecting his halfe of fence shall pay to him that makes
and maintaines it the full vallue of his cost and charges for said halfe
from time to time to be recovered by due course of law in any Court
proper for the same provided this law be not binding to such as have
theire land lye together in a comon feild in such case if any pson
fence in his land intirely hee shall doe it wholy att his owne proper
charge.

As an addition to the printed law allowing libertie to men to cleare A person clearing

1 111- 1 • r I • 1 r n- himself by oath

themselves by theire oath mease oi being acused lor selling strong from the charge
drinke to the Indians It is ordered That noe English pson that is °iri,^k tcfindiajS
acused by an Indian for giveing selling &c strong drinke to them *'i,tred°to''tes'^t^fy
shall be put to sweare further than the pticular accusation. further than the

^ ' accusation.

The law made July 1673 about horses ; viz the two latter clauses The lawrcspeet-
of it allowing the killing of them is repealed. repeaiecL^ '" ''

The law prohibited the catching of fish before they have spaumed The law relating

... . . to the catching of

IS to be revived by the Lomissioners att theire next session. fish revived.

HORSES.

Wheras complaint is made that divers psons in disorderly manor no horses run-
have taken up horses as strayes which were then runing in the woods to'bc'taken up
for prevention wherof for the future it is enacted that noe pson shall f^veerftiie first of
take up any horse kind as a stray ; which is taken runing in the -^p""'' ^"'^ ^^^-
woods between the first of Aprill and the first of December yearly,
on penalty of ten shillings fine to the Collonie besides damage to the
owner of such horses.

DIVIDEING LANDS.

Wheras in divers Townes and places of this Collonie there are

198 LAWS OF THE [PART II.

Proprietors of severall Tracts of land which belong to and are held by divers psons

common lands , , . i r ^ i i i i • j

may meet and as ID comon as the propnators therot and noe order hath bine yett made
business."^^"^^*^ for thelre orderly meeting together to devide the said lands or to
make orders for the settlement of the same ; It is therfore enacted
that where need doth require in any such place or Towneshipp ;
if the matter doe not concern the Towne as a Towne in Generall
upon request made by the said propriators or some of them to any
majestrate of this CoUonie an order shalbe graunted them to warne
all the propriators belonging to any such Towne to come together
att some certaine time and place to transact such matters as may
concerne them and what shalbe lawfully acted att such meeting by
the propriators or the major pte of them shalbe vallid and binding.

EXCEPTIONS AGAINST JUDGE OR JURY.

A judge who is It is enactcd by the Court That in every case of civill nature be-

relatedto, or con- i • i

nected with a twecn pty & pty where there shalbe soe neare relation between any
sentence. Judge and either of the ptyes as father and son by nature or by mar-

riage brother and brother Unkel and Nephew Landlord and Tenant
such Judge though hee may give reasonable advice in the case yett
shall hee not have power to centance therin as a Judge.

ORDINARY KEEPERS ALLOWED BY Y^ TOWNS.

None to keep an It is enacted by the Court and the authoritie therof that none
shalbe allowed t(
ment but such i
wherin they live.

the approbation shalbe allowcd to keepe an Ordinary or publicke house of entertain-
it is'locatecL ^^^ ment but such as first be approved soe to doe by the Townes

SWINE.

Swine to be Wheras complaint is made of much damage don by swine rooting

up meddowes and Inclosures — for the prevention wherof it is or-
dered and enacted that on notice given to the owners of such swine
from the pty damnify ed, said owners shall forth with ringe or cause
to be sufficiently ringed all such swine ; on penalty of one shilling to
be payed for every such swine that shalbe found unringed after warn-
ing given by the wronged pty ; and as often as the owner of such
swine shalbe warned to ringe them and neglect it.

SHIPWRACKE.

The persons and It is enacted that if any Shipp or vessell be it frind or enimy shall

goods of such as ■ • i /-i i i n • i

are wrecked on suffcr shipwrakc upon our Coast there shalbe noe violence used nor
protected. ° ^ wrong offered to theire psons or goods but theire pi'sons shalbe re-

PART II.] COLONY OF NEW PLYMOUTH. 199

leived & haboured and theire goods preserved in safety untill author-
itie may be certifyed and give further order therin.

ORDINARYS.

It is enacted that in every place wher week day lectures are kept, On lecture days
all victuallers and ordinary keepers shall cleare theire houses of all shairdearThe^"^
psons able to goe to meeting during the time of the exercise except can^auend"*^^'' ^t-
in extreordinary cases for the nessesary releifFe of strangers unex- '"&•
pected repairing to them on penalty of five shillings for every such
offence.

SERVILE WORKE &C. ON DAY OP HUMIL: &C.

It is enacted that none shall p'"sume to attend servile vvorke or None to do any

, , , , , 1 II • 1 servile work on

labour or attend any sports on sucli dayes as are or snalbe appomted days of Fasting
by the Court for humilliation by fasting and prayer or for publicke fn"a-. '^" ^^'^'
Thanksgiveing, on penalty of — shillings.

SABBATH.

To prevent prophanation of the Lords day by foraignors or any penalty for trav-
others unessesary travelling through our Townes on that day ; It is LorfsXy.^
enacted by the Court that a fitt man in each Tovvne be chosen unto
whom whosoever hath nessesity of travell on the Lords day incase
of danger of death or such nessesitous occations shall repaire and
makeing out such occations satisfyingly to him shall receive a Tick-
et! from him to pas on about such like occations which if the traveller
attend not unto ; It shalbe lawful! for the Constable or any man that
meets him to take him up and stop him untill hee be brought before
authoritie or pay his fine for such transgression as by law in that case
is provided ; and if it after shall appear that his plea was falce then
may hee be apprehended att another time and made to pay his fine
as aforsaid.

FORAIGNERS &C.

It is enacted that all foraigners that sell Liquors theire vessell Penalty for for-
shalbe confiscate until theire fine is payed. liquors.

PRESSE ARTIFICERS TO REPAIR PRISONS &C.

It is ordered That the Gov^. or any of the Assistants shall have The Gov. or any
power to presse men Artificers or others to make or repaire prisons
or other Instruments of Justice and to order theire payments att such ^°"* '° "^^^^ °'^
reasonable rates as for other worke is accustomed and the Court of
Majestrates is to order the pay of such as are imployed in any occa-
tions for the Countreyes use.

may impress per-
sons to make (
repair prisons.

200 LAWS OF THE [PART II.

WITNESSES.

Fees of witnesses. The Order Chapt 4. Secli. 5. for two shillings six pence p day for
witnesses shall be intended onely for such as for the waight of the
matter are justly required to make theire psonall appeerance att
Court ; other witnesses on oath are to have but one shilling &l six
pence a day.

INDIANS NOT TRUSTED.

No Englishman It is enacted that noe Indians heerafter shalbe trusted before hand
dian. for any thing by any English on penalty of being barred the recovery

of any debts by action or plaint.

Penalty for buy- It is enacted by the Court that none shall prsume to buy any guns

of^the Indians, toolcs clothes or any other goods of the Indians under the penalty of

his returne of said guns tooles clothes or other goods to the right

owners therof from whom they were borrowed stollen or p'^loyned

by any Indian.

ASSIGNM^s.

SSi^\e^'af°|ood It is enacted by the Court that any debt dew by bill or specialty
to the assignee jq another shalbe as good a debt to the Assignee as it was to the

as to the assignor. ~ °

Assignor and as recoverable by suite provided the assignment be
under the Assigners hand ; and witnesses therunto.

FRAUDULENT CONVEYANCES.

Fraudulent con- It ig enacted bv the Court and the authority therof That all de-

veyances void, ■' •'

as against cred- ceichtfuU or fraudulent allianations of lands or other estate shalbe
itors. ° . .

of noe vallidity to defeat any man from any due debts just clame

title or posession of that which is so fraudulently gotten.

DURESS.

Conveyances ob Jt jg enacted by the Court That noe conveyance deed or promise

tained by duress _ •' _ _ ...

to be void. shalbc valled which is gotten by illegall violence imprisonment threats

or forcible compulsions.

TOWN BOUNDS.

The bounds of It ig ordered by the Court That every Towne doe procure theire

each town to bo . i r i i r i •

set out within 12 bounds to be sctt out Within twelve monthes alter the end oi this
Court by such p'"sons as the Court of Assistants shall appoint to lay
out the same — wher such bounds are not alreddy layed out and to
deside any difference where they are alreddy layed out that may arise
between any prties concerned therin: whether the Townes Country

PART II.] COLONY OF NEW PLYMOUTH. 201

or any other psons to whom any lands arc graunted saveing to the

greived pty his remedy att law. And that in every towne the towne ^g°","j\'°,''fi,'[es

or Celectmen appoint two or three psons whoe on notice given to or run once in three

by the adjacent Townes shall once in every two or three yeares goe

to the bounds between them to view and renew theire bound which

shalbe a heape of stones or a trench of six foot long a foot and an

half deep and two foot wide upon paine of five pounds for every

towne that shall neglect the same ; and that each propriator of lands Persons having

^ ' . land in a common

in any Comon feild or lying unfenced that shall not once in the yeer field shaiifix tiieir
or in two yeer ; on warning given him by his naighbour attend the
meeting to keep up the bounds betwixt them which shalbe suffi-
cient meet stones shall forfeite ten shillings for such default ; the one
halfe to the pty moveing and the other halfe to the Country and that
two or three men shalbe appointed by each Towne to deside the
controversy or difference between the naighbours or between the
Towne and any of the Inhabitants about the bounds of theire lands ;
saveing to the greived pty his remedy in law.

1683.

This Court doth order that Swansey and Middlbery shall chose June,
some for Officers To lead theire Milletary Companies and Instruct Middieborough
them in Marshall disiplyne and that orders to each of those Townes muttary officers!^
to send such to the Court as they shall see Cause to choose.

This Court takeing Notice of the neglect of some Townes and
Milletary Companies, in not choosing of Milletary comaunders accord-
ing to order of Court ; when they have bin required therunto ; by war-
rant from the p'sedent of the counsell of warr This Court therefore if the towns and

J IT m 1 i\i-ii r^ • • 1 11 • 1 11 niilitary compa-

orders that it any iowne and Milletary Corapaniein the collonie shall nies shall neglect
neglect to choose Milletary comaunder or comaunders which they the Council of '
shalbe required according to former order of the Court to choose by pohu^iem*^'
warrant from the presedent of the councell of Warr that the councell
of Warr shall appoint such comissioners officer & officers in such
Townes and Companies as they shall Judge Meet and nessesary.

That the Poor May be provided for as nessesity requireth ; This The selectmen in

/-I jiii/-^i • im ,iii/->i &'&c\\ town to pro-

L/Ourt ordereth that the Celectmen m each Towne shall take Care vide for the poor.
and see that the poor in theire respective Townes be provided for ;
and are heerby Impowered to releive and provide for them according
as nessesitie in theire descretion doth require and the Towne shall
defray the charge thereof.
26

202

LAWS OF THE

[part II.

The law prohibit-
ing Indians from
coming' to Ply-
mouth revived.

Where parties to
an action in the
select courts live
in different towns,
the action niaj' be
brought in either
of those towns.

This Court have ordered that the law prohibiting the Indians att
Court times to come to Plymouth shalbe revived and put in execu-
tion forthwith.

It is enacted by the Court that all actions of debt proper to any of
the Celect Courts where the plaintifFe lives in one Towne and the
defendant in an other shall be tryed and determined in either of the
said Townes where the plaintiffe pleaseth, and all actions proper to
any of the celect courts against Strangers & non residents ; and
p''sons liveing out of Townshipes shalbe tryed in any of the Celect
Courts ; where the plaintifFe shall Choose ; and the Celect men shall
have power to Graunt Summons or attachments to the p''tyes or
Constables of Townes in the said cases att any plaintiffes request ;
and to Graunt executions as in other cases in theire owne Townes
they by law may doe.

1684.

July.
All necessary
highways to be
laid out at the
expense of the
towns through
which they pass.

Pennlty for ob-
structing high-
ways.

The surveyor of
highways to re-
move ail obstruc-
tions on them.

This Court takeing into consideration ye inconveniency likely to
ensue by persons erecting fences gates or barrs on twhart Contry
high wayes to y"^ annoyance of travellers doe therefore enact & be it
heerby enacted that all necessary Country wayes within this Colony
shall betwen this time and next October Court be laid out by a jury
wher it is not already so done at y^ charge of y^ respective Townes
thorow whose lands or Townships such wayes may lead & that an
account thereof with y^ severall bounds of each such way in every of
said Townes shall be presented or brought to y« Clarke of that
Towne on penality of five pounds to be forfeited & paid by such
Towne as shall neglect the performance thereof.

And that the Clarke of each Towne send a true Copy of such
account to y° publicke Secretary who shall forthwith committ such
copies to publick record to y^ end that such wayes may be certainly
knowne And that after s'd October Court if any p'rson or persons
shall presume to sett any fence barrs or gate on thwart any such high
way without y^ consent of y" Generall Court he or they shall for
every such offence shall forfeitt to y^ use of y*^ Colony y'^ sum of five
pounds.

And that after said Court if any such obstruction shall be made or
maintayned in or upon any such way without leave as aforesaid it shall
be y<-' care & duty of the surveigliers of wayes in each Towne to
remove all such obstructions & to demolish such publicke nusanses.

PART II.] COLONY OF NEW PLYMOUTH. 203

An act for the restraining and punnishing privateers and pirates:
Whereas nothing can more contribute to his sacred Ma"^* hono^
than that such articles as are concluded and agreed on in all treaties
of peace should by all his Matie^ subjects according to their duty &
be most inviolable preserved & kept in and over all his Malie^ Do-
minions and Territories, and whereas not onely against such treaties
of peace made by his matie with his allies, but also contrary to his
Matie* Royall proclamations severall of his subjects have and doe
continually go of from this Colony into forreigne princes service &
sail under their Commissions contrary to theire duty & good allegi-
ance, And by fair meanes cannot be restrained from soe doing;

Be it therefore enacted by this Generall Court & authority therof, Every inhabitant

•' _ "^ of the colony en-

and it is hereby enacted by die authority of y^ same, that from and gaged in war

1 • I against a friendly

after publication hereof it shall be felony for any person, which now power without

doth or within four years last past heretofore hath or hereafter shall ciared guilty of

inhabitt or belong to this Colony to serve in America in an hostile '®°">'-

manner under any forreigne, or any employed under any of them

against any other forreigne prince state or potentate, in amitie

with his Matie without special! licence for so doing, under y® hand and

seal of y'^ Gov"" or Comaunder in chiefe of this Colony for y^ time

being, And that all and every such offender or offenders, Contrary

to y® true intent of this act, being thereof duly convicted in any of

his Matie^ Courts of Judicature within this Colony to which Court

authority is hereby given, to hear & to determine y'^ same, as in

other cases of felony, shall suffer pains of death without benifit of

the Clergy, Provided nevertheless that this act ; nor any thinge therin

contained shall extend to any p'rson or p'rsons which now are or

have been in the service or employment of any forreigne prince state

or potentate whatsoever that shall returne to this Colony & leave or

desert such service & imployment before the 10th day of Decemb.

next ensuing, rendring themselves to the Govi" or chiefe commander

for y® time being, and giveing him such securitie as he shall appoint

for theire future good behavior, and alsoe they shall not depart this

Colony without y^ Govr^ leave.

And for y*^ better and more speedy execution of justice upon such, Persons commit-
whoe haveing comited treasons piracies felonies & other offences upon on the high' seas,'
the sea shall be apprehended in or brought prisoners to this Colony, colony! "^"^ '"
Be it further enacted by the authority aforsaid, that all treasons felo-
nies piracies robberies murthers or confedaracies committed or that
hereafter shall be committed upon the sea or in any Haven Creeke
or Bay shall be inquired tryed heard determined & judged within this
Colony in such like forme as if such offence had been comitted in &,
upon ye land, and to that end and purpose comissions shall be had

204 LAWS OF THE [PART II.

Commission uiider ye great Seal of this Colony directed to y^ Judge or Judges
seal to be d^eci- of y*' Admy^y of this Colony for y« time being & to such other
of the admirdty substantiall pessons, as by his Mati^^^ Gov"" or comander in chiefe for
iVaiyJ*™^ '^"'^ y*" ti'^^ being shall be named, or appointed, which said Comander
or such a Quorum of them, as by such comissions shall be ther-
unto authorized, shall have full power to doe all things in & about
ye inquiry, hearing, determining, adjudging, & punishing of any
of y*^ Crunes & offences aforsaid, as any Comander to be appointed
by Commission under y<^ great seal of England, by vertue of a statute
made in y^ 2S'h yeare of the Reigne of King Henry y^ 8"> are
impowered to doe & execute within y° kingdom of England, and
that y^ said offenders which are or shall be apprehended in or brought
prisoners to this Colony shall be lyable to such order process judg-
ment & execution by virtue of such comission to be grounded upon
this act as might be awarded or given against them, if they were pro-
ceeded against within y^ lealme of England by vertue of any Co-
mission grounded upon the said statute.
The proceeding's And all tryalls heretofore had against such Criminall or Cryminalls
courrin^sud'/^ ^ before any judge or Judges by virtue of such Comission or authority
leffaf ''^"^'^"^^^ at any time heretofore granted ; and all proceedings thereupon are
hereby ratified confirmed & adjudged lawfull, and all such Judges
with all & every y^' Inferiour officers, that have acted therby are
hereby indemnyfyed to all intents & purposes whatsoever and in case
they or any of them shall at any time hereafter be sued vexed or mo-
lested or troubled for any such theire proceedings as aforsaid hee or
they soe sued vexed or molested shall plead y*^ general issue &
give this act in evidence any law, statute, custome or usage to
y® Contrary in any wise notwithstanding ; And be it further enact-
Who are acces- ed by y*^ authority that all & every person or persons that shall
any way knowingly entertaine, harbour conceale trade or hold any
Correspondence by letter or otherwise with any person or persons,
that shall be deemed or adjudged to be privateers pirates or other
offenders within y*^ construction of this act, and that shall not
readily endeavour to y'' best of his or their power to apprehend or
cause to be apprehended such offender or offenders shall be lyable to
be prosecuted as accessaries &, confederates & to suffer such paines
& penalties as in such case by law is provided.
Commissioned of- And for y*' better & more effectuall execution of this act, Be it

ficers required to „ , , . ~ • i i n • • n-

caii out armed lurtlier enacted by y^ aulnonty aloresaid tliat ail comission otncers,
rates, &,c! '^ ' ' 'n their severall precincts within this Colony are hereby required &
impowered upon his or theire knowlidg or notice given that any pri-
vateers, piiates, or other persons suspected to be upon any unlawfull
designe or in any place within theire respective precincts to raise &

PART II.] COLONY OF NEW PLYMOUTH. 205

levy such a number of well ainied men as he or they shall thinke
needfull, for y^ seizing apprehending & carrying to gaol all every
such person or persons, & in case of any resistance or refusall to
yeild obediance to his Matie* authority it shall be lawfull to kill or
destroy such persons and all and every person or persons that shall
oppose or resist by striking or firing upon any of y*' commanded par-
ties shall be deemed taken and adjudged as felons without benefitt of
ye Clergy and every such officer that shall omitt or neglect his duty Penalty for neg-
herein shall forfeit fifty pound, current mony of this Colony for every
such offence, to be recovered in any of his maties. Courts of record
within this Colony by bill plaint or information & wherin no Essign
wager of law or protection shall be allowed, one moyety therof to be
to our soveraigne Lord y*^ king his heires and successors for toward
the support of y^ govrment of this Colony & y^ contingent charges
therof & ye other moyety to ye informer, and all and every person
or persons that upon orders given him or them shall refuse to repaire
immediately with his or their armes well fixed and amunition to such
place or places, as shall be appointed by y*^ said Officer & not readi-
ly obey his command in y^ execution of ye premises shall be lyable
to such fine, or Corporall punishment as by a regimentale Court mar-
tiall shall be thought fitt.

In pursuance of his Maties, speciall comand this act was voated
by the Generall Court held at Plimouth July 4*'' 1684; sumoned
together for that occasion. Nemine Contradicente.

Be it enacted by this Court and the authoritie therof that the Govr ; Court of admirai-
for the time bemg with three or foure of the assistants and such other consist,
substantiall p'rsons as the Gov"" for the time being shall commissionate
under the scale ; of this Collonie shall have full power to acte as a
Court of Admirallity ; for hearing trying and determining all matters
and causes which by said acte are to be tryed therby ; or by a Quo-
rum of them, as by said Comision shalbe authorised ; either by them-
selves alone or together with or by a jury Impannelled for such try-
all as the case may require.

This Court takeing into iheire serious consideration the great dam-
age that this Colonic and our naighbours is likely to sustaine by the
catching of Mackerell with netts and saines att Cape Codd, or else
where neare any shore in this Collonie to the great destruction offish
and to the discurragement of severall fishermen ;

This Court doth therfore enact and be it heerby enacted by the Catching mack-

- , , erel by seins for-

authoritie therof That noe p'rson or p'rsons whatsoever alter the pub- bidden,
lication heerof shall catch or draw on shore any mackerell, with nett or
netts, sayne or saines in any p'rte of this Collonie, and if any p'rson

206

LAWS OF THE

[part II.

or p'rsons shall heerafter presume to catch any Mackerell by setting
or shooling any nett or saye every such p'rson or p'rsons soe offend-
ing as aforsaid shall forfeitt for his or theire said offence all such netts
or saynes as shalbe soe improved ; and all such mackerell as shalbe
Penalty, (fee. soe caught ; by him or them ; and shall alsoe forfeite every such ves-
sell and all such vessells or boates as shalbe imployed therin ; wheth-
er catch sloop or boat as shalbe imployed in taking or carrying away
any such fish, if att any time the p'rson or p'rsons soe offending be
taken within the Govrment ; or the vallue therof, the one moiety to
the Collonie and the other moyety to the informer, that shall prose-
cute the same ; And for the better execution of the said law, power
shalbe given by some one or more of the magestrates by warrant to
some fitt man to acte as a water bayliff to make seasure of any such
forfeitures as aforsaid.

1685.

James II pro-
claimed.

July.
Indian corn to be
estimated at two
shillings per bush-
el in paying pub-
lic officers.
iSec'ry's salary.
The county of
Plymouth to have
the use of the
public buildings
at Plymouth.

Dartmouth order-
ed to raise £3.0
for support of
public worship.

The twenty fourth of Aprill 1685 James the second; Kinge of
England Scotland France & Ireland &c. was solemely proclaimed at
Plimouth according to the form required by his Majesties most hon-
orable privy Councell.

Voted that Indian Corne for defraying publicke Charge & payeing
all publicke Officers be att two shillings sixpence p"" Bushell.

That the Secretaryes wages be fifteen pounds a year, In Corn att
two shillings p^ Bushell.

The Court have ordered that the County of Plimouth shall have
the use of the lower roomes of the Country house at Plimouth ; to
keep their County Courts in ; & the use of the Countryes prisson
at Plimouth to committe prissoners into without being charged as a
County for repaire of the same ; During the time the County Courts
shall be held at Plimouth.

Ordered That Dartmouth pay this yeare twenty pounds to be
raysed according to law for the encouragem" of som to preach the
word of God among them ; or otherwayes to be disposed of accord-
ing as the law hath provided.

PART II.] COLONY OF NEW PLYMOUTH. 207

1686.

New Plimouth acts and orders made at the Generall Court in June
1686.

1. Ordered by this Court and the authority therof that at the end The printed laws
of this Sessions of the Generall Court the Lavves that have been lately

printed and having been ordered sometime since to be published in
the several! Towns shall be of force and put in execution having re-
spect to such additions and alterations as shall be made by this Court.

2. Ordered that the Magistrates and associates that are to keep The magistrates
Court in the Severall Countyes meet in their severall County Towns, when to meet' to
upon the third Tuesday in this Instant June, and that the Magestrates '° '' ^ '^°^^' '
then present give the oath to the severall Associates three or more
appearing having taken their oaths shall be a Court and shall then

chuse their officers and settle such matters as are necessary in their
severall Courts ; and act and doe in all matters as may come before
them that lyes in the power of a County Court trying of actions at
these next Courts onely excepted who shall togeather with the depu-
ties of the severall Towns of the County or the Major part of them
agree and conclude about a prison where there is any to be built and
determine the charge & agree about the proportions the severall
Towns shall pay towards it.

3. Ordered that the Grand Jury men who are chosen for this next Grand jurors,
year appear at their severall County Towns upon the third Tuesday to meet.

of this Instant to take their oaths and receive their charge. And
that the severall Towns shall make up what is wanting and send ac-
cording to this following order, Plimouth three Duxburough two How many shall
Scituate four Marshfield three Bridgwater two Middleborough one town.
Barnstable three Yarmouth three Sandwich three Eastham three
Monomoyet one Succonessett one Scippecon one ; Bristoll three
Taunton three Rehoboth three Darttnouth two Swansey two Little
Compton one Freetowne one.

4. Ordered &c. That the first Tuesday in July next be a Court Court of Assist-

c \ • m 11 I • 1-1 1 1 11 ants, when held.

ot Assistants or iryalls and actions may therein be tryed and all
Cases depending Issued and all such Causes or actions that have
been heard or tryed at any Court of Assistants or magistrates for-
merly; and the persons Concerned see Cause to review their actions
shall doe the same at a Court of Assistants; anything in any law to
the Contrary notwithstanding.

208 . LAWS OF THE [PART II.

Plymouth Couu- 5. Ordered that at such time as the Major part of the freemen of
heid.""*^' ^^^'^ Plimouth County shall desire it the County Court for Pllmouth shall
be kept at such place in the County as the said freemen shall agree
on.
No magistrate to (5. Ordered that in Civill actions no one magistrate shall have
in^a t'own where power to try the Casc out of such Towne where the Plaintiff and
parties Hve. ^^ defendant both liveth any thing in any law to the Contrary notwith-
standing.
Incourities where Ordered that in such Countys as there is not a sufficient number

there are not suf- i i^ n /~i

ficient magis- of Magistrates there shall be annually chosen by the Generall Court

trates, associates . , in i r i i ii • • j

may be chosen to SO many Associatcs as they shall see need oi who shall sit m and act
powerrinThd™*^ iu the County Courts as the magistrates may ; and have the power of
counties. magistrates in their respective Countys ; it is ordered that such As-

sociates soe Chosen shall lake the same oath the magistrates doe hav-
ing respect to the difference of their place and power.

Wheras there are sundry tracts of lands held by divers persons in

Comon as the proprietors therof and there may be occasions for a

meeting of the severall proprietors for to divide lands or make orders

among themselves that may be for their good.

Meetings of pro- It is therefore ordered that when such purchasers or a considerable

prietors of com- /• , , i n i • i r ■ i

mon lands, how part OI such purchasers shall desn-e the same oi any magistrate they

notified, &c. , . • i i i • r i -a

makeing appear some considerable occasion for such a meeting s"
magestrate shall give order to warn a purchasers meeting and appoint
the time and place: And what orders shall be leagally made among
themselves or by the major part of them shall be valid and binding:
And such a meeting shall be accounted lawfully warned if the said
order procured for that end be sett up publickly and endeavoured to
be kept up publickly at the house where such meeting is to be,
Twenty days before the time of such meeting: And if any of the
particulars or sundry of them have any just cause of complaint or suit
against the rest it shall be sufficient in law to bring their Complaint
to a hearing or suit or action to a tryall to attach any of the undevided

Complaints, how lands of such purchasers and the Constable to sumons some of the
purchasers for themselves and in behalf of the rest, to answer the
same: And alsoe the Complainers to post up such sumons twenty
days before the time of hearing such Complaint or tryall at such place
where there last purchasers meeting was held.

The general mus- Agreed on by the General Court that there be no Generall Train-

ter dispensed . . • i •

with. ing or regimentall muster in tins year 1686.

Delinquents in Ordered &c. that in each Millitary Company a Comittee be Cho-

military compa- . ■ /~. • ■ r

nies, how tried, Sen by the Company consisting ol so many men as added to the
Commission Officers of such Company will make the number five

PART 11.] COLONY OF NEW PLYMOUTH. 209

who shall have power with the Comission Officers to judge delin-
quents determine & dispose of fines for the good of the Company,
and to inflict millitary punishment upon offenders according to law as
occasion may require.

Note. — There are iio records from 1686 to 1689, during the government of Sir Edmund
Andros.

1689.

At their Ma'ties Generall Court of Election held at Plimouth for
the Colony of New Plimouth on the first Tuesday in June 16S9:

Wheras through the great Changes divine providence hath ordered
out both in England and in this Country we the loyall Subjects of the
crown of England are left in an unsettled estate destitute of Govern-
ment, and exposed to the ill consequents therof: And having here-
tofore enjoyed a quiet settlement of Government in this their Ma'ties
Colony of New Plimouth for more than threescore and six years
without any Interruptions ; having also been by the late Kings of
England from time to time by their royall letters Graciously owned
and acknowledged therein: whereby notwithstanding our late unjust
Interruption and suspention therefrom by the Illegall arbitrary power
of S"" Edmond Andios now ceased, the Generall Court held here in
the name of their present Ma'ties William and Mary King and Queen
of England &c. Together with the encouragement given by their said
Maties gracious declarations and in humble Confidence of their
s'' Maties good likeing: Doe therefore hereby resume and declare Former govem-
their reassuming of their said former way of Government according ^^"'''^^"'"^ •
to such wholesome Constitutions rules and orders as were here in
force in June 16S6 our tide therto being warranted by prescription
and otherwise as aforesaid ; And expect a reddy submission therunto
by all their Maties good subjects of this Colony untill their Maties or
this Court shall otherwise order.

And that all our Courts be hereafter held and all warrants directed The courts to be

J r\rr • i c i • Tt r • t-tt-,,. , ■, , held and the offi-

and Ulhcers sworne in the name oi then- Maties William and Mary cers swom in the
King and Queen of England &c. and Qu'een Jf'"^

The Generall Court request the Honourable Govern'' Thomas ^"S'^"*^-

Hii T-< •iiifcj.r^i ,^1 T»T ..-. A committee cho-

inckley Esq"", m behall of s^" Court and Colony oi New Plimouth sen to prepare an

to make their adress to their Maties, the King and Queen of England Ki'ngand°Queen.

27

210 LAWS OF THE [PART II.

&c ; for the reestablishment of their former enjoyed liberties and
priviledges both sacred and civill.
Also to attempt ^jjj q]^q iq endeavour the re2;ainina; of our publique seal if it may

to recover the _ o o r i •/

public seal. be. And if other wise to procure a new one and this Colony defray

the Charge of it.
Towns directed Ordered by the Generall Court that in such Towns where the

to choosG select"

men. selectmen are not accepted or are not yet Chosen, that such towns

make a new Choyce out of the freemen of such Town ; and the per-
sons so chosen to appear before some magistrate and take the oath
usually administered in such case.
The constables of Ordered the Constables of the year 1686 be accountable to the
account for the Treasurer for the Country rates comitted to them and that the Inhab-
received.'^ ^ itants of the Towns that paid not the rates of s'l year to the Consta-
bles pay them or for neglect they make distress for the same or so
much thereof as is unpaid.
The constables And for as much as there were rates made in the severall Counties
iecta'tax°for*the 11 the late Goverment for payment of wolves heads and other Coun-
boun"y on wolves! ty debts ; Ordered that the severall Constables accompt with the late
sheriffs or County Treasurers, and what is unpaid to pay in to them:
And if any rates unpaid to the Constable he to demand the same &
for refusing or neglecting to pay the same they to make distress.
The sheriff and Also Ordered that the sheriffs or County Treasurers of the severall

county treasurers ,^ . i i i /-i , ■ ■ r n

to account. Counties under the late (joverm* give m an accompt oi all moneys

received and paid belonging to the King or County to such Commit-
tee as this Court shall appoint to receive and adjust the same.
A committee ap- The Court have appointed John Walley Esq''. Lieu' Ephraim
tain who had Mortou John Bradford Isaac Cushman and John Barker or any
uigto'tife colony, three of them to make enquiry concerning any goods or estate of the
Colonies that may be in the hands of any persons, and to require
and take account o( such persons concerning the premises and give
accompt thereof to the Court ; Also to accompt with the Treasurer
and the late County Sheriffs or County Treasurers with respect to
rates or fines money or other estate any ways belonging to the King
or Countrey or County. And s^ Countrey Treasurer County Sher-
iffs and County Treasurers are ordered and required to accompt
with s'^ Comittee accordingly.
Tiic old military Ordered by this Court and the authority thereof that the Chief
ufi^nthe?rp°aces" Comanders of each regiment as was in the year 1686 before the late
alteration of Goverment be Continued in their several places and
have the same power they had by their severall Comissions at that
time and are so to continue untill this Court doth otherwise order.
As also that the Captains Leiu'ts, and Ensignes or so many of

PART II.] COLONY OF NEW PLYMOUTH. 211

them as are living that were in Comission in the year 1686 before
the alteration of the Goverment be also continued in their severall
places and have the same power they had by their severall Comis-
sions at that time and are so to continue untill this Court shall further
Order and in the mean time such Towns as had not then Officers
Comissionated at that time or where any Officers are since dead for
a supply of all such Towns they are in the severall Towns to make
Choice according to law of such Officers as are or shall be wanting ;
and to present them to the Generall Court for approbation by the
first opportunity. And for as much as the Towns of Marshfield &
Swansey have manifested some dislike to their Captains, The Court
therefore orders that the Companies of those Towns be comanded
by the Leiut^ and Ensignes of their severall Towns untill the next
Generall Court.

Ordered by the Generall Court that the originall Charter of this The original

. . . charter to be

Colony made to William Bradford his heirs and Associates be com- recorded,
mitted to publique record.

Ordered that the 27''^ Instant be observed & kept as publique day A day of thanks-

/.,,.. i-/^i giving ordered.

of thanksgiving throughout this Colony.

In refFerence to the motion made by the honourable Councill & Resolve to aid

r^ 11/^ • r /••iD-ii T-> r Mass. and Conn.

Generall Convention oi our friends & neighbours at Boston lor our in the war against
advice &l assistance in repelling & suppressing the barbarous Hea-
then that have Comitted many barbarous murders and outrages at
the Eastern parts on the Subjects of the Crown of England This
Generall Court declare their concurrance therein according to our
weak Capacity and do comitt the management thereof to Thomas
Hinckley and John Walley Esqr^ their Comission^^ chosen for that
end both for the Inquiry into the grounds of s^' War for farther sat-
isfaction & to order all other suitable means & actions as they shall
se cause with the advice and Concurrance of such as may be Com-
issionated therunto by our friends and ancient Confederates of the
Massachusetts and Conecticut or by any other of their Ma'ties Col-
onies that may be Concerned therein as may through Gods blessing
Conduce to the Comon Good & safety of the whole against the
comon Enimie according to such Instructions as are by the Court
given to them.

S^ Instructions follow viz :
(1.) That our said Comission""* make diligent Inquiry into the Instructions to

1- T • /. I 1 -1 CommissionerB.

grounds ot s^ War, and accordmgly sattisne themselves therewith.

(2.) That they take Care that we be not overcharged beyo"hd our
proportion for the carrying on s^' War.

(3.) That if it be Consonant to Justice and reason we may not

212 LAWS OF THE [PART II.

be involved in the Charges formerly Contracted about s^ Indians or
other publique affaires.

(4.) That such due encouragement may be given to Souldiers
that if it may be there may be enough raysed to go volluntarily with-
out pressing such encouragement to be six shillings pr weeke money
or monies value for each private souldier and eight or ten pound pr
head to our Company or Souldiers for every fighting man of the
enimy whose scalp shall be brought in to such person or Officer as
shall be appointed to take notice or knowledge thereof. And also
to have all the persons as they shall take & captivate and all portable
plunder divided amongst them And if any souldier of ours shall be
maimed in s*^^ War and therby disabled to maintaine themselves he or
they to be provided for relieved & maintained in such Capacity as
he or they lived in before concerned in s^' War and also to have
victuals &. amunition allowed while upon the expedition.

(5.) That in regard the other Colonies are better stored with
■ provision and amunition then our selves they may disburse on the
bublique faith to be repaid in time Convenient.

(6.) That our proportion of Souldiers wages or what shall in the
Close remaine due both to English and Indians in these parts may
be paid by us here at home to prevent Charge of transportation &
other loss.
' (7.) That Care be forthwith taken to engage the Mowhawke In-

dians with us against our said Enimies by sending some meet person

to them with a present and to treat with the in order there to.

The Indians di- It is Ordered by this Court and the authority therof that all the
wUhin the towns Indians in this Colony keepe within their severall precincts or the
sidT^ ' ^^ '^' bounds of the Townships wherein they at present reside and pas not
out by night or day without aCertifficate from a Magistrate or Select
man of the Town or Comission Officer on the paine of Imprison-
ment according to the discression of the Town Councill of the
Town where such Indian or Indians are taken & apprehended.
Indians without Ordered that all Indians coming from other Colonies or parts of

a pass to be se- 1 . >-,, , , . , , , . _,

cured. this Countrey and not having passes be secured by any eitlier Eng-

lish or Indians & brought before the next magistrate or next Chief
millatary Officer to be examined and proceeded with as there may
be reason.

Bountj; for taking Ordered by this Court and the authority thereof, That if any per-
son English or Indian apprehend and bring before authority any man
that is an Indian Enimy he shall have ten pounds for a reward if he
bring him alive & five pounds if killed provided it be evident it be
an Enimie Indian.

PART II.] COLONY OF NEW PLYMOUTH. 213

Ordered by the authority aforesaid that such person English or Reward for dis-
Indian as shall first make discovery to any Officer Millitary or Civill i)iot against ihe
of any dangerous & considerable plott or Conspiracy of the Indians "^"^ °""^'
or others against the English so as the danger may be prevented &
the Conspirators or any Considerable part of them may be appre-
hended such Indian if a Servant shall be freed and his master have
rationall satisfaction if an Englishman or free Indian he shall have ten
pounds reward.

Ordered by this Court and the authority therof that the magistrates Aug.
dwelling in the severall Counties meet at their severall County wi'iirto nfeet and
Towns upon the first Wednesday of September next at which time and ^c"*^^*^ ofiicers,
place the severall Towns are to take care that their Constables and grand
jury men be warned to appear at the County Towns of their severall
Counties to be then approved and sworne at which time the said magis-
trates are Impowered to settle all such Officers as are proper for the
Counties and sweare them as the law directs and may then graunt admin-
istrations and take the probate of wills, alsoe at the time and place afore-
said all Inkeepers & retailers of wines strong liquors beere cyder &c.
within the severall Counties are required to appear & renew their licenses
and that none after said time presume to keepe a publique house of
Entertainment & retaile wine liquors beere cyder &c untill they have
obtained or renewed their licenses on penalty as the law directs it is
alsoe ordered that the magestrates of each County according to their
best discression do appoint & set such sums to be paid by each per-
son as renews or takes up a license as to them shall be accounted
reasonable to be proportioned as neer as they can after the rate of
fifty pounds for the publicke houses of the whole Colony and no li-
cence to be granted untill there be paid half of each his proportion
the other half to be paid at the expiration of the year.

It is alsoe ordered that such Constables as are alread}' sworne are Constables ai-
allowed and impowered to act in their severall places as if they had powered^ °to" act"
been presented to the County Courts as the law directs.

Alsoe ordered that the Millatary Officers of each Town forthwith The military offi-
use their Endeavour to Encourage English & Indians to a volluntary ertions To" Jbtahi
going out in this present expedition under comand of Cap^ Church enlistments.
and such persons to list and give an account therof to said Cap' or
other officer, And if for the Indian Souldiers they or the select men
or any Inhabitant supply them with any thing for their present neces-
sity & encouragement it shall be allowed or paid to them by the
Treasurer out of the next rate.

It is ordered by this Court and the authority thereof that each The towns requir-

• /-\j^ ^"^ '° complete

Towne or Village in this Colony that have not Officers or that are their choice of of-
ficers.

214 LAWS OF THE [PART II.

not compleat with Officers that they with all convenient speed have a
meeting to make choice of Officers as the law directs the time to be
appointed by the respective majors or Chief Milletary Officer in each
Towne, or where no millitary officer to be appointed by the select
men or the major part of them and their respective choice to be re-
turned to the Councill of War and if their choice appear regular that
they be by them allowed and comissionated. And as for the Towns of
Marshfield and Swansey that they be under the coniand of the Leiu'ts
and Ensignes of their respective Towns that they had in the year
1686 untill the Court take farther order therein and that the Souldiers
of each Towne are required to yield obedience to them upon paine
of such fines & punishments as are by law provided.
The towns re- It is Ordered by this Court and the authority thereof that the depu-

quested to loan . , , . r ^ • irn iri

money to the col- tics and select men or the major part ot them in each iown do lorth-
°"-^' with upon sight hereof in such way as to them seems most suitable

use their Interest with the Inhabitants of the severall Towns to ad-
vance & lend for the Colonies use so much money as they shall be
willing too not to be less for each Town than the proportion herewith
sent or agreed on by the Court which money so lent or advanced
shall be allowed them out of the next rate and if any lay downe more
it shall be repaid them by the Treasurer out of the first rate which
sum or sums so raysed or advanced is to be forthwith sent and paid
to Thomas Hinckley and John Walley Esqr^ Commission''* for the
Colony or whome they shall appoint s^' money to be paid and dispos-
ed by s*^ Comission''* or Council of War for such use onely as the
present necessity of the Colonies service calls for with respect to
this present expedition which cannot be caryed on without laying out
of present money. Each Towns proportion is as followeth viz.

Plimouth

- 5

s.

d.

Dartmouth

£ s. d.

- 3 10

Duxburough

- 2

10

Middleborough -

-10

Bridgwater

- 3

00

Monamoy

- 10

Scituate

- 8

Little Compton -

- 2 10

Sandwich

- 5

Freetowne

- 10

Taunton

- 6

Bristoll ' -

-400

Yarmouth

- 4

Rochester

- 10

Barnstable

- 5

Succonesset

-10

Marshfield
Rehoboth

- 4

- 4

10

13 10

Eastham

- 4

54

Swansey

- 3

Sum Totall

67 10

54

PART II.] COLONY OF NEW PLYMOUTH. 215

It is ordered by this Court that the proportion for men and armes The pronortion of
for each Towne for this present expedition shall be as followeth each each town,
man to be provided with a well fixt gun ; sword or hatchett a home
or cartouch box suitable amunition & a snapsack.

Plimouth -

Men.

- 4

Aiincs.

3 Rochester

Men. Armes.
- 1 1

Scituate

- 6

5

Monamoy

- 1 1

Marshfield -

- 3

3

Succonesset -

- 1 1

Duxbo rough

- 2

2

Bristol]

- 3 2

Bridgwater

- 3

2

Taunton

- 4 4

Middleborough -

- 1

1

Rehoboth

- 4 3

Barnstable -

- 4

3

Dartmouth -

- 3 2

Eastham
Sandwich -

- 4

- 3

3

3

Swansey
Freetown

- 3 2

- 1 1

Yarmouth -

- 3

3

Little Compton

- 2 2

It is ordered by this Court and the authority thereof that if there Soldiers to be im-
do not appear a competent number of English Souldiers in each arr^not ' enough
Towne of this Colony to go vollunteers under the conduct of Cap^ ' ^' ^" ''''
Church or some other officer as shall be by the Councill of War ap-
pointed to go out upon the present expedition to suppress the heathen
that are enimies within any part of this Countrey that then such a
number shall be pressed as shall be by the Councill of War agreed
upon in the severall Towns where vollunteers enough do not appear
And if any person or persons shall be pressed for the future by the
advice of the Town Councill or major part of them to go out or be
imployed for the suppressing our said enimies and shall refuse to goe
upon such service after pressed that every such person shall be fined
four pound in money forthwith to be paid unto s^' Town Councill or
such one of them as they shall appoint to receive the same or other-
wise to be committed to prison by the authority of the Town Coun-
cill or a magistrate and to be imprisoned within the County where
they do belong or shall be pressed and there to continue untill such
fine shall be paid and all such fines to be for the use of the Towne
where such Souldier is pressed to be improved by the discression
of the Town Councill for the furtherence of the present War.

Wheras by an acte of this Court bearing date August 14''' 1689, Oct.

mi /• 1 11 /^ 11 The magistrates

Ine magestrates oi the severall Counteys were ordered to meet at of the county of
their severall County Towns upon the first Wednesday of September meet" ' ^^'^"
then next following and by s'' act were authorised to settle County
Officers and act and doe as in said act is at large expressed, And
forasmuch as the magestrates of the County of Bristoll were by pro-
vidence disabled to attend and meet at that time, It is therefore or-

216 LAWS OF THE [PART II.

dered by the said Court held here by adjoLirnm*^ the first Wednesday
of October abovesaid that the magistrates of the County of Bristol!
aforesaid meet at their s"^' County Town on the second thursday of
this Instant October and hereby have full power then & there to
do and act in all respects as by the s'' recited acte is mentioned,
And all Persons who by s^' act are concerned are hereby required to
appear at and attend s^' meeting.

At which time the magistrates of s'^ County are hereby ordered
and impowered to take effectuall care & course that the late con-
demned prisoner at BristoU be secured till further order shall be giv-
en concerning him.
The law prohibit- Ordered by this Court tiiat the law in our printed Booke, page 31:
of mackerel in prohibitting saning for mackerill at Cape Cod be henceforth made

seines repealed. • ■ i r r

^ void and oi no lorce.

The magistrates Ordered by the authority aforesaid that the magistrates of the

of Barnstable to riii^- i-

have charge of County ol Barnstable or any two oi them be a Comittee to dispose
and manage the Cape fishing as p"" order of Court directed and to
impower such Officers as are necessary under them to looke after
the same.

Former acts de- It is ordered by the authoritv afores'^ that the severall acts and or-

clared to be in r r^ • '

force. ders of Court about fishing at Cape Cod, in our old printed law

booke page 38 & 39 viz so much or so many of them as are noted to
be revived in the margein of s'^ Booke begining at number 4 & end-
ing at N: 5: are all of them revived and made and hereby declared
to be of full force untill this Court shall otherwise order.

The majors di- It is ordered by this Court that the majors of the severall regiments

reeled to procure ™ , . , ^ . ^ . .

a list of all the forthwith take care to procure a perfect list of all the males in their

males in their . . r i i v ^ i r

several regiments respective regiments ol what rank or quality soever Irom the age ol

of 16 and 60.^^''^ sixteen to sixty yeares and to deliver the same to one of the Comis-

sioners of this Colony at or before the fourteenth day of this Instant

October by them to be caryed to Boston in order to proportion the

Charge of the present warr.

The informer to Ordered bv tliis Court that whosoever shall informe against any

have one half of ^ ... , • i r • • i-

the fine in certain person for retailing any kind of strong drink without licence and pros-

CclSCS.

ecutc his s'^ Information to effect such Informer shall have one moiety
or half of the fine that such retailer shall be according to law sen-
tenced to pay. And if any shall Informe and prosecute as afore^^'
against any Inkeeper for the breach of any law of this Colony that
concerns Innholders he shall likewise have one half of the fine.
Taxes to be lev- Ordered that towards the bearing of the charge of the present warr
charges of the ' There be forthwith levyed and raysed by the select men or rates of

war.

PART II.]

COLONY OF NEW PLYMOUTH

217

each town and village in this Colony the sums hereafter set down and
agreed on by this Court viz.

Pli mouth

Duxbury

Scituate

Marshfield -

Bridgwater

Middlebury -

Foords Farmes

Barnstable

Sandwich

Yarmouth

lb. s. d.

■ 60 00 00 Easdiam - - - 46

■ 25 00 00 Rochester- - - 8

- 88 00 00 Monamoy- - - 7

- 45 00 00 Bristoll - - - 35

■ 28 00 00 Taunton - - - 60 o

- 14 00 00 Rehoboth- - - 48
2 00 00 Dartmouth - - 40

- 60 00 00 Swansey - - - 40

- 60 00 LitUe Compton - - 35

- 41 00 Freetowne - - 8
The severall sums to be paid to the Constables of each Towne

and Village at or before the 25th day of November next the same to

be paid by the Constables in each Town and Village to such as the

Generall Court shall appoint ; The severall sums to be paid one third How paid, &c.

in money one third in Grain Indian Corn at two shillings p'' Bushell

rye two shillings and six pence p"" Bushell Barley two shillings p^

Bushell wheat four shillings p"" Bushell ; The other third in Biefe at

ten shillings p'r: C. and Porke at two pence p"" pound; The Charge

of Transportation after it is delivered p' order aboard any vessel to

be allowed by the publique. It is also agreed that this proportion be a new valuation

onely for this rate and that there be a way found with all convenient

speed for a valluation of the Estates of the Colony in order to the

makeing of a just proportion ; which when found out and determined

each Town to be allowed or advanced accordingly ; or if any for the

Corne or provision part pay that which for price and specie saltisfie

any souldiers that went in the service it shall be accepted and there

shall be care taken that the souldiers English and Indians be paid by

the Counties where they lived or were raysed, and care taken as

much as may be in the whole to jjrevent transportation, farther

agreed that any person that for the corne part or provision part of

this rate will pay money shall have one sixth part abated.

Ordered by the Court that the select men of each town take care The selectmen to
forthwith to take a valluation of the estates of each Town and village of estates in their
according to the prises hereafter mentioned, viz. respective towns.

Every ox at -

Every Co we - - - .
Every steere & heifFer of 3 year old
Every two year old at - -

28

£

5.

d.

02

10

01

10

01

10

01

00

218 LAWS OF THE [PART II.

Every yearling at- - - - - - -00 150

Every horse and mare at - - - - - - 02 00

Every two year old Colle at - - - - - 01 00

Every yearling Coke at 00 100

Every swine of a year old & upwards at - - - 00 06
Sheep of a yeare old and upward by y^ score - - 05 00
Land in tillage every acre - - - - - -00 05

Meadow and English pasture every acre at - - - 00 05

Vessels and trading estates not more than half price.

Faculties and personall abillities at will and doome ; the like where

any neglect or refuse to give in a just account of their rateable

estate.

Dec. Whereas by our many provocations we by the just hand of him

who is the Wise disposer of all things, are fallen into Perrillous times
by reason of the depredations of the french on this Countrey, together
with the rebellious Insurrections and Cruel massacres the barbarous
heathen abetted alsoe by the french whereby great mischiefe hath
already ensued and much more may be justly feared and expected.
It doth therefore much concern us to take some most speedy and
effectual Course to defend ourselves by putting the Millicia into good
order, and making such other provision needfull in such Imergentcies.
Commissions fo Be it therefore enacted by this Court &c. that all such as were

be sent to certain ..,,,.

military officers, millitary officers and that had beene allowed or commissioned by this
Court in or before the yeare 1686 or that have been orderly Chosen
and allowed since their Ma'ties accession to the throne, and the
late revolution of the Government and have not received Comissions
since. That all such officers and Comanders with all possible speede
have Comissions sent them Impowering them to act in the severall
places and Comands they were chosen too or had been allowed in
the said Comissions to be sent to the chief Commander in each regi-
ment by them to be delivered to those they are directed too; And
if any person shall not accept said Comission and take the oath of
allegiance to their maties that then the Chief officer require the Town
forthwith to make a new Choice according to law and to make their
return to the Gen" Court or Conncell of War who are hereby au-
thorized to allow and Comissionate them or any others that may here-
after be chosen and presented to them in the absence of the Gen'i
Court.

Penalty for ne- Ordered that all such Towns or villages as shall by this Court or

glccting to choose , ^ . r i -rt • ^ i -j/^u

military officers, the Comanders of the Regiments be sent to and required to i^noose
Officers or Officer for the Comj)leating their Millitary Company and

PART II.] COLONY OF NEW PLYMOUTH. 219

shall refuse or neglect the doing thereof and the making the return of
their doings above twenty days after they have notice thereof by the
person required and appointed for that end shall for such refusal!
or neglect be lyable to the fine and forfeiture of fifty pounds for the
Colonies use, such Town or Towns or village be convict thereof How fines are to

' • y-\ ^^ levied.

before a Councill of Warr the said sum by such Officer as they
appoint to be levyed upon one or more of the Inhabitants of s'' Town
or Towns or village as s^ Officer shall be directed by the Councill
of Warr — such persons upon application to this Court shall have
order to levy such sum or sums and all meet damages upon the
Inhabitants and rateable estates belonging to such Town or Towns
or Village and if the Officer Millitary or Civill that is sent to give
notice to the Inhabitants and Souldiers to choose any officer or offi-
cers as aforesaid and shall the speedy doing thereof shall pay

five pound fine to be paid to the Comander of 'the regiment for the
millitary service of the County such Officer being convict thereof
at a Councill of Warr or County Court and if the fault be in the
Officer the Comander to send an other order to the same person or
any other as he shall see cause who are to performe the same under
the penalty before mentioned if the neglect be the Towns then this
County Court or the Councill of Warr to appoint and Comissionate
officers to such Towns and places as are needful.

Wheras the Towns of Bristoli Dartmouth Swansey and Eastham Dartmouth,
have refused or neglected to make their rates for the Charge of ye be fined' £20 if
Warr according to the order of the Generall Court Which we have then- rates. '"^ ^
reason to think hath been occasioned by the Insinuations and misin-
formations of some ill men that are disaffected to the Government
who have with utmost dilligence been endeavouring to disquiet the
minds and disturb the peace of their neighbours: weakning the hands
of them that are in authority the effect whereof would be to render
us uncapable to offend our enemies or defend ourselves ; being will-
ing to believe it hath been neglected for the reasons before mentioned
and not out of Contempt of Authority and hoping they are convinced
of their error ; and seeing the necessity of the present warr calls for
it together with the example of all other Towns, and sense of duty
will put them upon Complying with the orders now directed to them.

Wherefore be it ordered and enacted that if the rates of any or all
of the Towns before mentioned be not made and given to the Con-
stable or Constables of the respective Towns before the 15th day of
January next such Town for such neglect to pay twenty pound fine
for the use of the Colony and being Convict thereof before a County
Court said sum to be levied on one or more of the Inhabitants of

220

LAWS OF THE

[part II.

Penalty for re-
fusing the office
of assessor.

How such fine sucli Town OF Towns and said sum or sums upon application to the
County Court with meet damages to be ordered to be levied on the
Inhabitants & rateable estate of s'' Town or Towns & if s<^ rates be
not made and delivered to the Constable or Constables by the afore-
said time then two magistrates to appoint raters in such Town as
neglects to chuse them and such raters as shall after this be chosen
by the Town or appointed by the Magistrates are seasonably to at-
tend said service on penalty of five pounds to be paid for the use of
the Colony.

Ordered that such as shall be orderly chosen raters in any Town
for the making of rates for the Countrey County or Town and shall
refuse or not accept the same or neglect to make any of s*^' rates in
due time shall pay the sum of five pounds for the use of the Town,
being Convict thereof by a County Court or two magistrates and
upon his or their refusing or not accepting the Town or Towns to
choose others in their rooine under the like penally and soe untill
each Town have made up their number, And the respective Towns
to give reasonable sattisfaclion to their raters from time to lime for
their making rates.

Penalty for any Ordered that if any Town or Village when orderly required shall

town to refuse or , r i i i i i i

neglect to choose ncglcct Or relusc to chusc ratcrs or not cnuse them seasonably and
being thereof Convict before a County Court shall be lyable to the
fine of fifty pounds which sum by order of s^ Court may be levyed
upon any one or more of the Inhabilanls of such Town as the s'^
Court shall direct who upon application to s<^ Court shall have order
to levy said sum or sums wiih all meet damages upon the Inhabitants
and rateable estate of s^' Town or Towns. And if any Town or
Towns refuse or neglect to chuse ralers as afore^'' the County Court
or any two magistrates to appoint raters who are seasonably to make
the rates under such penalty as is ordered for those that are chosen
by the Towns.

Wheras at the Generall Court of Election in June 1689 it was
ordered by s'' Court, that the Constables in the year 1686 be ac-
countable to the Treasurer for the Countrey rates Comitted to them
to gather before the late change and that the Inhabitants of the sev-
erall Towns that paid not their rates of s*' year to the Constables
pay them, or for neglect they make distress for the same, or so much
thereof as is unpaid ; which yet notwithstanding is neglected to be
done to the damage of such as were to receive their parts thereof
besides the unreasonableness of some being eased or excused from
their paying their just dues when others have long since payed their
parts thereof, this Court doe therefore order that a warrant be di-

PART II.] COLONY OF NEW PLYMOUTH. 221

rected from the Treasurer or other magistrate to the Constables of A warrant to be

1 -m /^ ii^^-i ■, ^-.^ r ^ <lirected to the

such respective iowns as were Constables in the year 1686 ; forth- constables to coi-
with to gather the rates of all such delinquents and on their or any of all deiinquems°.
their refusing or neglect to pay their parts as aforesaid that then the
said Constable of such place Call in the assistance of the present
Constable of such place to make distress on the Goods or Estate or
in defect thereof the person of such refuser or neglecter as pr former
law is in that case provided under the penalty of such old Constable
his or their payment of the full of such sums due and unpayed as
aforesaid to be recovered by suit or distraint on his or their estate by
the Treasurer as is in that Case p"" law provided. And the like or-
der for what is due to the Counties and Towns respecting County
and Town Rates.

Ordered that the Town Councills of each Town in the County of The town coun-
Plimouth pay and allow the sums according to the accounts made up of Plymouth to
and allowed by the Comiltee of this Court and the remainder by ihe^fifniTaiiowed
them to be secured to pay the debts of the Countrey as the Generall onhe*'c"un'."^^
Court or Comissioners of the Colony shall direct and that the Guns
that Can not be found be allowed for out of the money part and that
what is due for fitting out Souldiers and other disbursments and
Souldiers wages what remains to be paid one third in money the
other in such pay and at such prises as the rate is paid in This rule
to be observed throughout the Colony : And every Constable to pay
the same or not worse specie than he receivs.

Ordered by this Court that such horses as have been Improved in Horses used in
the late expedition by any Officers or foote Souldiers of ours without without thVorder
the order of this Court or a magistrate, The respective owners of paid foTby those
s^ horses may be paid or sattisfied by the persons that procured or ^'^° ^^^^ ^''^'"•
used them and not Charged to the account of this Colony.

It is ordered by this Court &c. that there be a Comittee Chosen a committe to be
in each County to settle the Charges of the Warr and disbursments county to settle
in their respective Counties and to adjust the accounts of all officers thewaT5*^^°
and Souldiers that have been in the service & lo order payment to
all officers Souldiers or other persons that have disbursed for the
War in such ways as may be most suitable & convenient for them
and most advantageous to the Colony, In all disbursments as much
as in them lyeth to go by the same rules to take a speaciall Care
that all the Guns that belong to the publique be either found out &
secured for them they pertain too or else that they be paid for by
the Souldiers that had them or have Imbezzled them.

And in adjusting and settleing s^' accounts as they have opportunity How the surplus
to inform themselves w' they may from the Comissioners of the Col- ''"'P^J'^s

222

LAWS OF THE

[part II.

officers and sol-
diers shall be
appropriated.

To render their
accounts to the
commissioners.

Persons residing
out of the limits
of any town to
be under the con-
stablerick of the
nearest town.

Penalty for re-
tailing- strong
liquors in a less
quantity than 5
gallons.

Penalty for not
giving in a cor-
rect account of
estate.

onies Major Church & Capt. Bassit and what is left after the Soul-
diers & debts are paid as aforesaid the remainder to be secured by
the Severall Comittes for the payment of the Countrey debts at
Boston or elsewhere according to the orders of the Generall Court
or direction of the Comissioners of the Colony. And that the said
Comittees do give in their accounts to y^ Comissioners of the Colo-
ny with all Convenient speed, and by them to be presented to the
Generall Court with other accounts and transactions of theirs respect-
ing the warr in time Convenient.

Ordered by this Court that all such persons in this Colony who
live or reside out of the bounds of any of our Towns shall be under
the Constablerick of the nearest of our Towns whereunto they so
live or reside.

Wheras divers acts & orders have been lately made by the Gen".
Court prohibiting any person from selling by retail any kind of strong
drink without lycence. It is therefore now further ordered and by
this Court declared that whosoever shall without licence sell & deliv-
er a less quantity at one time to any person or persons than 5 Gallons
of Wine Brandy Rum or strong liquors &c. or less than a quarter
Cask of Cyder Every such seller is by law deemed judged & ac-
counted a retailer & as such to be proceeded against as the law
directs.

And be it further enacted by this Court and the authority thereof
and it is enacted that if any person or persons in any Town within
this Colony shall be found either to conceal or refuse or neglect to
give in all or any part of his or their rateable estate as aforesaid forth-
with according to order to the men chosen to make rates in the re-
spective Towns where they live, every such person or persons so
concealing refusing or neglecting as aforesaid being thereof Convicted
before one or more magistrates shall pay treble rates for all such
estate according to the rule before mentioned one third part thereof
to be paid to the Colony one third part to the Informer and one
third part to the Town wherein such estate lyeth. And the rateable
estate of every Town in the Colony so computed according to the
method and rules aforesaid shall by each Town be brought to the
next Gen" Court at Plimouth that so every town may be justly as-
sessed according to dieir due proportion throughout the Colony.

PART 11.] COLONY OF NEW PLYMOUTH. 223

1690.

Att a Generall Court held at Plimouth May y^ 20th 1690 ;
Enacted as follovveth

(1.) Whereas the weighty Concerns of this Colony called for and
required the present Convention of this Court and for as much as
p'r former orders and law of this Colony a County Court is to he
holden this present day being the third Tuesday of s'^ May at Bristoll
for the County of Bristoll which by reason of this Convention can
not this day be there held :

This Court do therefore declare and it is hereby declared that the Adjournment of

.,„ ^ -T 1 mil IT T tlie county court.

said County Court is adjourned unto luesday the 27th Instant and
all persons concerned Whether parties in any Case Civill or Crimi-
nal witnesses Grand and Petty-jurymen and Constables are to attend
s'^ Court at the adjournmentt above^"^' and all attachments sumonses
proscess & proceedings and all obligations to be and remain good to
said adjournment as if the ordinary time of s^ County Court had been
attended and all sureties to stand obliged for their principals to
s'* time and to be forth coming six days after judgment given at
s'^ adjournment.

(2.) Ordered that the new grand Jurors and Constables of the Grand jurors and
Severall Towns in the County of Plimouth appear before the magis- to meet. '
trates of s*^' County at s"^' County Town on the fourth day of June
next to receive their Charge and take the oath usually Administered
in such case.

(3.) Ordered that the words, next after the Court of Election, in
our printed law book title Constables page 14th line 5th of y® first
number be henceforth readd & construed, next before the Court of
Election.

(4.) Ordered that the Clerk of the County of Barnstable forth- The clerk of the

_ ^ _ county required

with send warrants to the now Constables of the severall Towns in to warn the

1 1- o/^tiirim grand jurors and

s"* County to warn the new grand jurors & Constables oi each lown constables toap-

1 • /-I m If 1 • !• A /~f pear to receive

to appear at their County lown belore the magistrates ot s"^ County their charge.
at such time as s^ magistrates shall appoint to receive their Charge
and take the Oath usually administered in such Case.

(5.) Ordered by this Court that the propriators and purchasers of The proprietors

,,,,,, . . of lands held in •

lands who held the same in Comon shall henceforth have liberty and common have

, , ^,, 1 /• . . 11- liberty to choose

are impowered to chuse a Clerk tor s^ proprietors who being sworne a clerk,
his book shall be accounted an authentick record.

(6.) Wheras there is 16 or 18 bushells of wheat part of the last
rate in the hands of the Constables of Scituate, ordered that the same

224

LAWS OF THE

[part II.

Ten pounds paid
to John Walley.

Meeting' of the
military of Taun-
ton for the choice
of officers.

Sixty men sent
from the colony
to Albany.

be paid to Capt John Jacob of Hingham or to whome he shall ap-
point to receive the same in Consideration of his qualering or Bil-
leting Souldiers for this Colony the last year.

(7.) Ordered that Major John Walley have ten pounds cash
allowed to him at or before June Court next as Compensation for
his voyage and expence in the Colonies behalfe and Service to and
at New Yorke and to be paid to him out of the money in the Con-
stables hands of the last rate.

(8.) Whereas there have been and are several uncomfortable
differences in the Town of Taunton respecting their Millitary Com-
pany especially relating to the Officers thereof and severall ways
have been propounded and tryed for the reconciling and healing
thereof all which have proved Inefectuall to accomplish the same
and there having beene severall Choices of Officers among them
against all which there have been objections made as to the leagallity
thereof, it is therefore ordered by this Court and y*^ authority thereof
that the Souldiers and Inhabitants of the Town of Taunton meet on
the 2"^ day of June next at ten y® Clock the Souldiers compleat in
their armes and that they make a Choice of military Officers accord-
ing to law and that their Choyce be returned to the next Gen" Court
and that the whole company be under the Command of Leiu't Macey
as Chiefe and Ensigne Leonard under the Major in the mean time
and M"^ Smith and Major Walley one or both are desired to be there
to see a fair Choice. And this notwithstanding any former act of
the Generall Court or order of the Councill of Warr. And if there
have been any Drums Coulers or halberts provided by vertue of the
order of the Council of Warr they being delivered for the Towns
use the Town to pay for the same.

Ordered by this Court and the authority thereof that there be sixty
men forthwith raysed in the Colony to be sent by water to Albany or
elsewhere to joyne with the forces of New Yorke Massachusetts or
Conecticut &c for the defence of s^ places or other service of their
ma'ties against the Comon Enemy ; the men to be raysed in each
Town according to the proportions hereafter set down ; viz.

Proportion of
men raised from
each town.

Plimouth

- 5

Barnstable -

- 5

Duxborough

- 3

Sandwich

- 4

Scituate

- 6

Yarmouth

- 4

Marshfield -

- 3

Eastham

- 4

Bridgwater -

- 3

Rochester -

- 1

Middleborough

- 1

Monamoy

- 1

—

Succonesset -

- 1

21

20

PART FI.] COLONY OF NEW PLYMOUTH. 225

Bristol! 3

Taunton 5

Rehoboth 4

Dartmouth 3

Swansey 3
Little Compton 2

Freetovvne 1

21

Ordered by this Court and the authority thereof that the propor- Men raised to be

r 1 1 jri-5--i-i impressed by

tions 01 men now agreed on to be raysed tor then- ma ties bervice be warrant.
Impressed in the severall Towns by warrant under the hands of the
Town Council! or the major part of them and where their is no
Town Councill by warrant from the select men of such Town or
Towns or the major part of them and wliere there is no Town Coun-
cil! or Select men to be Impressed by warrant from the major of the
regiment s*^ Town Councils Select men and Majors are hereby or-
dered and required to Impress or cause to be Impressed the Severall
proportions of men upon Wednesday next and not before and that
the whole be ready on or before the second day of June next to at-
tend such service as then shall be required of them.

Ordered that the Town Councils Select men and majors take care Town councils,

, 1 X iii-ii 1 /"I'l ^c , to take care

that such as are impressed by then- order be each one ntted with a that the souidiers
good well fixt musquet or other sufficient armes sword or hatchet arms'&c.^ ^^
home or Catouch box and not less than three charges of powder and
shot for each man also that they provide and talie care seasonably to
send and put on board the vessel provided to cary the Souidiers two
pound and half of powder and 12 pound of suitable bullets for each
man sent out unless otherwise ordered in the mean time. Alsoe to
take care that the powder be sent so as it may not be bruised or oth-
erwise damnified.

Ordered that the Town Councill Select men or major part of each The town coun-
or majors of the Regiment are hereby Impowered and required by quiVed'to impress
warrant to impress men and horses as may be necessary to cary am- [hf,"o-s"for°ihrex-
unition also a! such other things for arming cloathing or fitting out peditiou.
each Souldier for this present expedition as may be needful where
they cannot otherways be procured.

Ordered that all Constables Serjeants Corporals or other persons The constables,
that the warrants from the Towne Council Select men & Majors are fssist'^'^fiuTnt*''
or shall be directed too in matters thev are Impowered relating: to ?"* ^^'^ expedi-

J r o tion if necessary .

this present expedition are hereby required to execute the same and
to be aiding and assisting as there may be occasion.
29

226 LAWS OF THE [PART 11.

Twenty shillings Ordered That the Town Council all or either of them endeavour

soldier. forthwith to pcure from the Inhabitants of the severall Towns so

much money as to make up 20 shillings for every man ordered to be

Those who give gent from each Town and whatsoever any Inhabitant shall disburse

to be repaid. •'

or lend on that account or that shall be Impressed for fitting out the
Souldiers shall be repaid by the Countrey or discounted out of the
next rate said money to be brought to next June Court to be dis-
posed as s"^' Court shall order.
Penalty for not Ordered by this Couit that all such as are or shall be Impressed
pressei.^ en im- ^^^ ^j^^ Countreys Service against the Common Enemy and shall
refuse or neglect the service tliey are to pay as a fine the sum of four
pounds in money or for not paying the same by warrant from the
Town Council Select men or Major which gave the warrants forth
such person or persons to be imprisoned untill the fine be paid and
others to be Impressed in their roome which fines shall by the Town
Council be Improved for buying armes & amunition for a Stock for
the Town unles they se Cause to dispose any part thereof for the
fitting or encouragement of such as shall be Impressed in their stead
unless such person or persons shall appeal to the Councill of Warr
and give security to answer the same and to abide by their determi-
nation.
Constables of Ordered that the Constables of Barnstable and Bristol County

Barnstable and . . u /^ m mi i i

Bristol Counties repair to their severall County Towns upon Tuesday next the 29th
up the account of this Instant May then and there to make up the accounts of their
rates they were to Collect for the Counties use with the Comittees
of their severall Counties that were appointed by this Court to adjust
the accounts of Souldiers wages and other disbursments and to order
payment of the same. Also to pay to said Comittees or order the
ballances of their accounts.
Commitiees to And the Severall Comittees are hereby ordered and Impowered

make up the ac- . i i r • i i i c

counts and re- to meet at the time and place aloiesaid to make up tlie accounts or

ancesofthe the severall Constables to receive the ballances thereof and upon full

consta es. payments orderly made to give discharges on the Countreys behalf

and said Comittees to sel for money any grain or provision they or

ye Constables have in their hands of the Countreys and what moneys

they have or shall have of the Countreys to bring in to June Court

to be disposed as the Generall Court shall see Cause.

The constables of Ordered that the Constables of the County of Plymouth that have

thecounty of Plv- , p t n i i • • i i rn /-^ •! r

mouth to make lip not made up &L ballanccd their accounts with the iown Councils oi
their accounts, ^j^^.^. respective Towns do at or before the 29th of this Instant May
doe the same and such as have or do ballance their accounts by pay-
ments ordeily made they are to give discharges to such Constables

PART 11.] COLONY OF NEW PLYMOUTH. 227

on the Coiintreys behalfe the Town Council are also to take care
that what grain or other provision of the Countreyes is in theire or
the Constables hands be forthwith sold for money for the most it will
yield also to take Care that what moneys they have or shall have in
their hands of the Countreys be brought in at June Court next to be
disposed as the General Court shall order.

Ordered that a watch be forthwith kept and maintained in every a watch to be
Town & village of this Colony of so many persons as the Town lownl" ^^^'^^
Councill in each Town or Village shall appoint.

And that in such Towns where the said Town Councill shall judge A watch kept
it needful principlely and especially in all sea port Townes & places when'' necessary,
that some persons be appointed to ward in the day Time as s'' Coun-
cil shall direct.

That wheras there are divers persons come into this Colony and
settled themselves upon the lands belonging to this Colony at Cape
Codd without leave or order so to do and do there continue cutting
down the wood there reserved for the benifit of such as shall be
admitted orderly to come thither to fish, and doing other damages to
this Colony as well as live in a disorderly manner there. This Court jvone allowed to
do therefore order the County Treasurer forthwith to Cause said ^^oioit^^pTrmS-'*

people so coming and living at or upon the Countrey be pro- ^'°""

secuted for said trespas and remo also to lett and dispose the

Ca the publique and to account.

Ordered that for the defraying the charges of the Gov Dept Gov- Salaryofthe
ernour and Assistants this p'rsent year for the management of the t y°Governor Tnd
Colonys affaires in the Gen" Courts Councils of War and Courts of ■'Assistants.
Assistants; etc: This Court do order to be paid by the Treasurer
out of the Treasury the sum of 28 lb to the Gov'' and 12 lb to the
Dept. Gov'' And ten pounds a peece to the Assistants ; and if there
shall not happen to be enough in the Treasury ; otherways ; then to
raise the same by rate as formerly ; and the Deputies of the severall
Towns shall have two shillings six pence p'r day to be paid by the
severall Towns.

Ordered that the Secretary have 12 pounds paid to him out of Salary of the
the Treasury or raised by rate for his Salary for this present year ^^'^^^^'y-
and fifty shillings over and above his Salary the last year is granted
unto him p'r this Court for his extraordinary charges in writing Co-
missions &c. the last year.

And that the Chiefe Marshall have 8 lb paid to him out of the Salaryofthe
Treasmy or raised p'r rate for his Salary this present year. ' "*

That the under Marshall or Goal keeper, have three pounds paid Salary of the Un-
to him by the Colony for his Sallary: this present year besides what ^' ^'^ ^'"
shall be allowed him p'r Plimouth County

228 LAWS OF THE [PART II.

Ordered that s^ Under Marshall have 13J bushels of wheat paid
to him at Diixborough or 12j bushels of wheat at Plimouth for the
remainder of his Sallary the last year.

Wheras there was a Comittee and after that the Countrey Treas-
urer was ordered to take in the accounts of former Officers relating
to any monies or other estate of the Countrey or Counties in their
hands but nothing as yet done by either relating thereto.
Former County It js therefore ordered by this Court ; that each County Treasurer

Treasurers and

Constables re- with all Convenient speed require the Sheriffs County Treasurers that

quired to give in ^ i /~i /^ i i c i m i • i

their accounts, was lor each Couuty or Constables oi each iown that were m the
year 1686; 1687; 1688; to give in their accounts of what they have
in their hands belonging to the King or County and upon makeing up
and ballancing s<^ accounts the present County Treasurers or either
of them are to give them discharges and upon their refusing or neg-
lecting to give in their accounts and paying the ballance they and
either of them are Impowered in the Countreys behalf to sue such
persons or any of them and to do all that in law is proper for the re-
ceiving recovering & obtaining of the same excepting at present the
matters of the rates ordered to be gathered by the Constables for the
Country in time S"" Edmond Andros.
Debts, how paid, Whereas there is a law in our printed Booke that all debts shall
be paid in specie according to contract yet notwithstanding the said
law where judgment hath been given in Court for debt and damage
and costs in money the Marshal or Constable to whome writt of Ex-
ecution hath been directed hath oftentimes taken goods and cattle to
the great damage of the parties to whome money was due & contract-
ed for, for prevention whereof this Court doth order that it shall be
rn the liberty of every person for whome judgment shall be given for
money to have a writt of execution directed to the Constable or mar-
shall to levy the same either on the estate or on tiie person to be co-
mitted to prison till money be paid accordingly at the choice of the
plaintiff.

Wheras there is a law provided that all persons that had contracted
debts before the session of that Court when s^ law was made should
sue or bring his action for the same in ihre years or be forever barred
his action If the debt due either by book or accompt, but their
having been an interruption by the alteration of Government that the
time may be expired, and many have not received their just rights.
Any debt now This Court dotli therefore order that any that have contracted any

foTw?ihm uvelve ^cbt vvhich is now due either by book or account shall have liberty
"""' ''■ to sue or bring his action for the same any time within twelve months

next ensuing any order or law of this Court to the contrary notwith-
standing.

PART II.] COLONY OF NEW PLYMOUTH. 229

Ordered that in Plimouth County there be three Associates or Three Associates
County magistrates one at Plimouth one at Marshfield and one at County?"" '
Bridgwater.

And that in the County of Barnstable their be two associates or Two Associates

C ,-,,., o T-i I or county Magis-

ounty magistrates one at bandwich & one at l^^astliam. trates in Bamsta-

And that in the County of Bristoll there be three Associates or ^ ountj.

C. , , , m ^ T • 1 z-t I Three Associates

ounty magistrates one at launton one at Little Compton and one in Bristol County.

at Dartmouth.

Ordered by this Court that after this year the Asssociates or Coun- County Ma°^is-
ty Magistrates be chosen by the freemen of the severall Counties. freemen.

Ordered that the severall Associates or County magistrates meet County Magis-

^ , • 1 /^ m 1 1 • 1 trates receive

at their several County iowns to be sworne at such time as they their oath at the
shall be warned by order from the magistrates of the severall Coun- town's'! *^°""'^
ties. At which time they are to hear and determine according to
law any Criminals and do any other thing within the power of a
County Court except trying of actions And the magistrates to take

care that all Criminals be warned ently obliged to appear and

answer for their crimes respectively.

Ordered that every of s'* Associates or County Magistrates have County Magis-
the power of a magistrate within their respective Counties. poweVof m'agis-

Having had Information from the Hon'rble Simon Bradstreet co^unties" "^^"^
Gov""- of the Massachusetts in the name of the Council of their pres-
ent Expedition to Canady and places adjacent and of their raysing
considerable forces for the Service of their Matie^ against the Comon
Enemy in those parts they having also signified that they desire and
expect somewhat from this and the other Government, This Court
having considered thereof in Complyance therewith have concluded
to raise and send forth 200 souldiers if need be of English and In- Soldiers sent to
dians to joyne with the Massachusetts and other confederated forces
for their Matie^ service as afores^' And that there may be sulable care
timely to Impress supply and send forth our Souldiers.

Ordered that each County Treasurer take care to receive of the County Treas-
Severall Constables of the County or Town Councils what money money raised
they have of the Counties also to receive the severall sums of money big's" "'^ ^°"^*^-
promissed by the severall persons of their Counties also if there be
any wheat or other pay of the Countries if they have opportunity to
send it Boston with speed or otherwise to sell it for the most they
can get the severall sum to be raysed by the order of the last Gen"
Court for fitting out the Souldiers then raysed be also paid in to the
severall Treasurers.

Ordered that the deputies of each Town forthwith use their utmost
endeavours w^'' such of their neighbours they judge are able to pro-

230

LAWS OF THE

[part II.

Money advanced
to the colony to
be paid out of the
rates next made.

Fifty Indians sent
to Canada.

Plymouth, Barn-
stable and Bristol
counties to pro-
vide arms, &c.
for the Indians. ^

Penalty for sol-
diers coming' un-
armed to meet-
ing.

Commissioners
empowered to
form treaties.

Commissioners
have power to
impress men, &c.
for the expedition
to Canada.

Penalty for not
watching when
warned.

cure for the Colonies use what they are willing to lend and that the
same with what is already promised be forthwith sent into the County
Treasurer.

It is hereby ordered and enacted that what ever money advanced
or what is given to the Colony for the fitting and furnishing of the
Souldiers for war or what may be Impressed orderly for this present
Service it shall be payd out of the rates that shall be next made.

Ordered by this Court that in this present expedition there be
raysed fifty Indians 22 in the County of Barnstable 22 in the County
of Biistoll and six in the County of Plimouth If such do not present
as are to the sattisfaction of one or more of the Magistrates of the
County or the Comander of the Company that then by warrant from
a magistrate such be Impressed as are most fitt: And that Plimouth
county take care to provide armes and other necessaries for eigh-
teene men Barnstable County for fifteene men and BristoU County
for seventeene men.

Ordered that the Town Councills take care for watchings wardings
and Scoutings in each Town and that one third of the Souldiers at a
time come armed to meeting every sabbath day untill farther order on
penalty of two shillings fine for each orderly warned that neglects the
same.

Ordered that if there be occasion for the Commissioners of the
Colony to meet with agents or Comissioners from the other Colonies
and Goverments our said Comissioners are hereby Impowered to
meet treat agree and conclude upon any designes and other things
that relate to the same with the rest that they judge may be for the
service of their Matie^ and the Comon good and safty of the Coun-
trey they always taking care not to engage us in any charge that hath
been allready contracted wherein we were not consulted with or con-
cerned in what they may agree to To take care as much as they can
y^ we are not beyond a just proportion either in men or charge.

The Officers and Souldiers now to be raysed to march at such
time and rendevouse at such places as they shall receive orders from
one or both of the Comissioners of the Colony one or both of which
are hereby Impowered to grant warrants to Impress vessels men
Armes amunition or any other thing needed and can be procured
within the Colony for this present expedition.

Ordered by this Court that all persons able to bear armes upon
attend the same under the comand of the Ofiicers of the Sev-
eral Towns on penalty of 5 lb and that all householders by them-
selves or others meet personally in their stead Attend watching and

PART II.] COLONY OF NEW PLYMOUTH. 231

warding when warned on penalty of three shiUings for each neglect
unless excused by the Town Councill.

Ordered that if the Officers now appointed for this expedition ei-
ther do not accept or are prevented by the hand of God or any
should otherwise be wanting that the Govern'' with the consent of
two Magistrates appoint and Cornissionate others as there may be
need.

Ordered &c. That the i:)ersons which shall be appointed press Power of the

c^ 1 T r 1 ■ HT ■ • r press masters.

masters to Impress Souldiers for their Matie^ service shall have full
power to Impress any men appointed to be Impressed for the Town
which he or they shall be press masters for in any Town in this
Colony.

Ordered by this Court that the Magistrates & deputies of the Treasurer to be
County of Plimouth forthwith make choice of a County Treasurer omh county.
for s'' County for this present year.

Ordered by this Court that 50"^ excise be this following year ad- Excise upon

11 , 111-1 r Tr< • 1 public houses,

vanced and raysed upon the pubJique houses ot Entertainment and
persons that shalbe licenced to sell strong drink in this Colony that
is to say 20"^ in the County of Plimouth l.S'^'s j^ the County of Barn-
stable and IT'i's in the County of Bristol.

Ordered that for the prevention of Contests and suits by whale
killers.

(1.) This Court doth order that all Whales killed or wounded by xh^slwho kill a
any man & left at Sea s^' Whale killers that killed or wounded s'^ ^ha'e required to

■' g'lve an account

Whale shall presently repair to some prudent person whome the °^ '^''•^ wounds,

' _ •' ' _ _ ^ ^ ^ time, &c. to the

Court shall appoint and there give in the wounds of s<^> Whale the person appointed,
time & place when & where killed or wounded And s^ person so
appointed shall presently comitt it to record and his record shall be
allowed good Testimony in law.

(2.) That all Whales brought or cast on shore shall be viewed All whales cast

1 < • 1 1 • 1 1 r 1 on sliore arc to

by the person so appointed or his deputy beiore they are cut or any i,e examined by
way defaced after come or brought on shore and s'' viewer shall take ed''soTo c^o be-""
a particular record of the wounds of s"^' Whale & time & place where '"''*' ''^'^^' ^""^ "^"'^
& when brought on shore & his record shall be good Testimony in
law and s^^ viewer shall take care for securing s'' fish for the owner.

(3.) That whatever person or persons shall cut up or deface any No personal-
Whale fish by cutting stabbing or launcing after come on shore or at (Mace a wilale^
sea if a drift unless of necessity to tow it to shore before it hath been on'paiahy^f"*'^'
viewed by the person appointed thereto and a record taken by him ^lofine.
shall lose their right to said fish & pay a fine of ten pounds to the
County. And s'' viewers shall seize s'' fish for the owners use or
the effects thereof and s'' viewer shall have power to make a Deputy

232

LAWS OF THE

[part II.

Those who take
a whale a mile
from the shore
are to give a
hogshead of oil
to the colon}'.

£1350 raised to
pay the debts ol
the colony arising
from the war.

With what the
debts are to be
paid.

ii24 granted to
the Governor for
extra charges.

One third of the
salary of the
Governor, As-
sistants, &c. to
be paid in money.

ijl.350 more to
be raised for
paying the sol-
diers.

Soldiers paid in
provision or cat-
tle.

or Deputies under his hand, and to have six shillings for each Whale
so viewed & recorded of the owners thereof.

(4.) That whosoever finds takes or cuts up any drift Whale found
on the stream a mile from the shore not appearing to be killed by

any man shall be the first sieze and secure them paying an

hogshead of oyle to y^ Country for every such Whale.

Resolved and agreed on by the Generall Court that 1350 pounds
be forthwith raised p"" rate upon all the rateable Inhabitants of the
Colony for the payment of all known debts of the Colony relating to
the present W^ar and otherways excepting the Charges about Armes
for ye expedition to Canada. The one half of s'' sum to be paid in
Money the other half in Wheat at 4* p"" bushel Barley at 2* Rye at
2s ,= 9(/ Indian Corne at 2* = 6^ p"" Bushell Porke at 45 shillings
p'' Barrell Biefe at 28 shillings p"" Barrell Butter in firkin or pott at
6'^' p'r pound in less quantity by pound 5'^ all s^ Grain & provision
to be good & merchantable.

The Court order that 50* be paid by the propriators of lands for-
merly granted Mr. Hatherly at or near accord pond viz the three
mile square towards y*^ payment of the s'^ sum And that three
pounds be paid by the proprietors of the lands above Waymouth viz.
y^ lands called foords farmes and parts adjacent.

The Court allow to the Govern'', 24 pound for his extraordinary
Charges upon the Colonies business in Comission & otherways for
this & y^ last year 14"' = 16* whereof is already paid to him and
the residue which is 9"^ = 4^ is to be paid to him out of this rate.

This Court order that the Govern'" Assistants Secretary and Chief
Marshall shall have one third part of what is allowed and due to each
of them paid in money.

Resolved p*" this Generall Court to add to the rate agreed on by
the last Generall Court the sum of 1350 pound for the payment of
our Soiildiers in the late expeditions to Canada & eastward to be
also forthwith raysed by rate upon all the rateable estate and Inhabi-
tants of this Colony the same to be paid in porke Beife Butter and
Corne at the prises agreed on by the last Gen" Court or in Cattell at
money value to be apprised by persons Indifferently Chosen by the
parties that are to pay & receive the same unless they shall agree of
the price betweene themselves and that the severall Towns in this
Colony that were overrated y*^ last year have so much deducted out
of their now rate.

And that our Souldiers wages both eastward & at Canada expedi-
tions be paid alike in provisions or Cattel.

Agreed on by the Generall Court that what plunder was obtained

PART ir.] COLONY OF NEW PLYMOUTH. 233

by our Souldiers late under the conduct of Major Benjamin Church Plunder equally
in y*^ last expedition eastward shall equally belong to y*^ English and English and in-

T 1. o 1 !• dian soldiers.

Indian feouldiers.

Wheras there was complaint made that some of the warrants that
went out for calling the two last Gen" Courts did not come seasona-
bly to some of the Towns by reason whereof divers of the Magis-
trates & deputies had not timely notice to attend such Courts and
for as much as at s^ Courts it was agreed that for defraying the debts
of the Colony there should be raysed the sum of 2700 pounds in
such proportion and specie as by record of s<^ Courts may appear
making such allowance to some particular Towns as was to make
good former orders of this Court. There being now a Gen" Court
assembled and legally warned as p'r return of the severall Constables
have been made to appear. It is now agreed & ordered by this
Court and y^ authority thereof that the said sum of 2700"'^ be forth- £2700 again or-

. . dered to be raised

With raysed according to the proportions & species agreed on by by the General
s^ Courts as p"" s'' Records refference thereto being had may appear.
Wheras severall Towns have neglected to choose raters or several
disputes & differences have hapened by reason of some choice made
in particular in the Towns of Scituate Bristol Swansey Little Comp-
ton Dartmouth Rochester or any other Towns that have neglected Persons chosen to
the same. It is therefore ordered by this Court and the authority
thereof That the Constable or Constables of each of these Towns
forthwith warn the Inhabitants of their severall Towns to meet and
choose their raters for each Town which raters are required forth-
with to make the rates of their severell Towns according to the pro-
portions ordered by the said Courts on the penalty as the law requires
& deliver the same with all speed to the Constables of y^ severall
Towns to collect who are to doe the same forthwith demanding the
same in such specie and at such prises as s"^' Courts hath ordered And
are to deliver or pay the same to such as the Comittee of y^' Colony
or County Treasurer shall appoint and if any person shall neglect or
refuse to pay their proportion the Constable is hereby required to dis-
train for the same according to law. And where any refuse to pay Penalty for with-
er shew to the Constable the value of their rates in specie as is ordered ° '"^ '^*'^**
by s'^ Courts he shall levy the same on their persons and cary them
to the County Gaol there to remain untill they have paid the same
and necessary charges. And it is hereby ordered that if any Town
neglect to choose raters above the space of 14 days or raters chosen
refuse the same raters shall be appointed by any two magistrates of
the County who are hereby impowered & required to make the same
on penalty as pr law provided.
30

234

LAWS OF THE

[part II.

The Constable to
call for votes.

The towns re-
quested to ex-
press an opinion
about a new
charter.

March.
Public act of
gratitude to Sir
H. Ashurst, &c.

And the Constable at each Town to call for the votes of their ra-
ters and to give notice to the persons chosen & make a return of
what is done in the premisses with all speed to the next magistrate
yt he may take farther order therein as shall be necessary.

This Gen" Court having information from England that the Colony
of Plimouth had been joyned to the Goverment of New Yorke but the
same was prevented by the Reverend Mr. Mather who gave an ac-
compt to Govern'' Sclater how little service it would be to their Ma-
ties and how great dissatisfaction and inconvenience it would be to
the people we are alsoe informed that after that we were like to be
annexed to Boston but the same hindered by Mr. Wiswall for the
present being also informed there is a possibillity that we may obtain
a Charter for ourselves if we speedily address to their Ma'ties Im-
ploy a suitable person to manage and rayse sufficient moneys to cary
the same to an end. This Court thinking it their duty to informe the
several Inhabitants in the severall Towns in this Colony thereof that
they may not hereafter say they had no notice and that they may
make use of the present opportunity as they may se it like to be for
their benefit It is therefore ordered that the magistrates or deputies
in each Town forthwith order the Constables to warn the Inhabitants
of the Towns to assemble And give notice to them of the occasion
and that they there have the information above mentioned that they
may consider thereof and draw up their minds therein and that the
same be signified to y<^ adjournment of this Court And in particular
that it be known whether it be their minds we should sit still & fall
into the hands of those that can catch us without using means to pro-
cure that which may be for our good or prevent that which may be
our inconvenience of if they will act then to know what Instruments
they would improve and what money they can rayse And must also
know that if a pattent can be procured it will not take up less than
500 lb sterling which will take nere 700 lb of our money.

It is ordered and agreed that the Honored Gov"" in behalf of the
Colony return their hearty thanks to the Honorable Sir Henry As-
hurst & the reverend M"" Increase Mather & y^ reverend M'" Icha-
bod Wiswall for their care & service for y® good of this Colony.
And tho' the Colony labour under many Inconveniences being small
in Number low in estate & great public[ue Charges. By reason
whereof are not capable to manifest their thankfullness sutable to the
obligations that we have and may be layed under yet do desire the
Honorable Sir Henry Ashurst to accept 50 Guineas and the Rever-
end Mr Mather & Mr Wiswall 25"^ a peice and to desire &, impow^er
the Honorable Sir Henry Ashurst that he would be pleased to use

PART II.] COLONV OF NEW PLYMOUTH. 235

his care & endeavour to procure a Charter from the King for a dis-
tinct Government for this Colony with such regulations & enlarge-
ments as his Majesty shall be pleased to graunt and to send such
power and Instructions as are necessary. And that Sir Henry be
pleased to advise with s'^ Mr Mathei- and Mr Wiswall as he hath
opportunity and seeth cause in any thing that may relate to us and
that the said Mr Mather and Mr Wiswall be wrote unto, to give such
Informations to Sr Henry as they think may be any ways advanta-
geous for us.

And in particular that we may be sufficiently Impowered and
required to se that the Gospel be preached in the severall Towns
& that care be taken for the maintenance of them that dispence the
same.

It is alsoe ordered that lOQi'' sterling besides be sent unto Sir £ioo to be paid

. towards defray-

Henry Ashurst towards the Charge of procuring a Charter as afore- ing the expenses
said & if he shall find it is like to be obtained that he would please to charter,
inform us thereof and w' is like to be the farther Charge that we may
take care therein as may be necessary.

Agreed on bv this Court that the Govern'" in behalf of the Colony The Gov. to

'"■' , ■ HT ■ f 1 r/-i tAi address their Ma-

send an Address to their Mattes tor a new charter lor Goverm' And jesties for a char-
that the Gov send to Sir Henry Ashurst a Copy of our Charter and
such other letters and papers as may be of use and such other Infor-
mations as may be necessary.

Ordered by the Court &c. That whatsoever Town or particular Those who give

-' _ '■ towards procur-

persons shall adventure to disburse any moneys for or towards the ing a charter to

. be repaid if the

procuring us a Patent from their Maties for this Colony according to Colony are able
this Courts Address ordered to be made to their said Matie^ for the
enjoyment of our ancient Civill and religious liberties shall be reim-
bursed the same according to a just and equall proportion thereof if
God please to favour us to be in a due capacity for the same.

Whereas it was enacted by the Gen" Court at Plimouth y^ 25'^ Recital of a for-

•' "^ mer order.

day of December last past that such persons as should orderly be
chosen Raters in any Town of this Colony & shall not accept the
same or neglect or refuse to make such rates as in said order men-
tioned shall pay a fine of five pounds to the use of the Town whereto
they belong. Wherefore it is now farther ordered that the one moi- Fine to accrue to
ety of s^ fine shall be paid to the selectmen of such Town for y^ use those who collect
of the poore there & the other moiety to the raters that shall be next
chosen & shall make the s^ rates.

This Court allow & grant to y^ Gov"" and Maj"" Wally the sum of £5 granted to the

. . . Governor and

5'° Cash to bear their Charge & expences to Boston in order to their Major Walley.
sending to England relating to a Charter for this Government.

236 LAWS OF THE [PART II.

Whereas Complaint is made by sundry Indians that were Souldiers
in y® last expedition eastward that they are wronged in not being
allowed an equal part of y^ plunder then taken as pr Court order is
allowed to them.
Indians allowed This Court graunt liberty to any and every of s^ Indians that find
riehts ^""^ *''^"^ themselves agreeved: that by reason of their poverty they shall be
admitted to sue in forma pauperis for the same before a magistrate or
select Court as they shall see cause.

1691.

June. Ordered that all such persons as have killed any Wolf or Wolves

Those who have . . ^^ . - .

killed wolves and m this Colony sincc y^ Goverment of Sir Edmund Andros and are
to be paid. not yet paid for y^ same according to Court order shall be paid for

the same out of the next rate that shall be here made &c.
Recital of a for- Whereas it was agreed and ordered by y^ Generall Court sitting; at

mer order. ° '' '' °

Plimouth the 4"^ Novembe"" and first thursday of Decembe"" last past
that there should be 2700 pounds raysed for their Ma'f^s service to-
wards defraying the public charges and paying y*^ debts of y<^ Colony
as p"" s^ Court order may appear In pursuance whereof y^ rates were
ordered to be made in y^ several Towns and to be comitted to ye
severall Constables to colect and gather severall whereof have not
done or perfected the same do account their year is out and

that they are not capable to therein. For the better enabling

and impowering y^ s^ Constables to collect and receive y^ rates yi
Further time ai- yet remain unpaid. It is ordered by this Court y* y^ Constables in

lowed the consta- n m /• i • i ' i i i • in

bies to collect y^ sevcrall lowns lor this last year to whom y^ rates have bin or shall
be committed shall have allowed them untill the last of July next to
gather in & colect the same or soe much thereof as remains unpaid
During s'' time each Constable to have as full power to demand re-
Allowed to seize ceive and for non payment to distraine on y^ estate or persons of such

estate m case of ■* "^ ...

non-payment. as refuse or neglect to pay as they had any time of their Constable-
ship and all persons to be aiding to them if required as on penalty pr
law provided And upon notice given to y^ new Constables of their
going to seize any estate or y^ person of any for non payment of their
rate they are to be present to endeavour to keepe y^ peace and to
prevent riots or tumults.

And whereas some have moved to this Court that y^ reason why
many have not paid is because of their being altogether uncapable to
procure meanes to pay their money part of y^ rate or y"^ very particular

PART II.] COLONY OF NEW PLYMOUTH. 237

species that y^ former orders of this Court requires the better to quiet Those who pay

, . ^ "" , . . 1 1 I 1 • /-I 1 •/• 1 '" goods to pay a

and satisne such it is ordered by this Court that it any person tender sixih more than
y*' species or any of them mentioned in y^ former order of Court or money.^'
any other such thing yt y^ Constable can dispose of to satisfie y^
County Treasurer or to pay any of the debts of y^ Colony the same
shall be received Those that pay in specie to pay at y<^ price former-
ly ordered & others pay as before at money price only for the money
part to pay a sixth part more to make good y^ waste & loss in turn-
ing y'' same to money this order to stand in force any other or former
order to y® contrary notwithstanding.

It is also ordered y^ if any person refuse to show any estate that Estate, when

scizGci bv the

the Constable may seize any estate that by law may be seized for any constable.
other debt and cause the same to be prised according to law at money
price and to take a sixth part more than y^ money part of y® rate
comes to bear loss and waste in turning y^ same to money as afore-
said.

It is also ordered that if any person or persons shall neglect or re- Those who refuse

/. , . 1 r /~i r ^ 1° P^Y rates to be

luse to pay their rate as pr order oi Court or reiuse to shew an estate imprisoned when
or y^ Constable can not come at y^ estate of such person to seize and found.^
apprise as afores'' then s'^ Constable shall seize such person or per-
sons for their severall rates and deliver y™ to y^ County Goaler & at-
tend the order of this Court concerning the same.

It is also ordered that after y^ last of July next soe much as y^ Rates to be paid
Constables shall not have paid to or accounted for with y" severall i/he doeTnot\c^
County Treasurers they shall be lyable to pay out of their own es- count before July,
tates as p'r law in that case provided.

Ordered by this Court that whatsoever pay any of y^ County
Treasu'rs shall receive for y^ Countrey & cannot dispose y*' same in
specie to answer the Countrey debts they shall turn y^ same into
money with as little loss and damage as may be.

Wheras this Court having ordered that y^ Associates or County The constables

, „ , , , ~ • • ^ • directed to warn

magistrates shall be chosen by ye freemen in y© respective Counties, the freemen to
It is ordered y* y^ Constable of each Town forthwith warn y^ free- uates! "^^'^
men of his town to appear at y^ County Town on y^ last Wednesday
of this Instant June to choose County magistrates or y^ they meet in
their own Town seasonably before s'' time and put in their votes or
proxys which are to be sealed up before ye freemen & sent in to ye
County Town on ye said Wednesday by such persons as they shall
choose At which time ye magistrates y' live in ye County shall ap-
pear and open said votes and such as have most votes to be declared
County magistrates for ye ensuing year Three for y® County of Pli-
mouth two for the County of Barnstable & three for ye County of

J

238 LAWS OF THE COLONY OF NEW PLYMOUTH. [PART II.

Bristol which magistrates shall withall convenient speed give said
County magistrates their oaths in which choice s'^ freemen are to have
speciall regard to choose in such Towns where they are most wanted
& may be capable to do most service.
Every man to be Ordered that every male person in this Colony of sixteen years old

provided with ■, r i i n- 11 • 1 i • 1

four pounds of & upward 01 what rank or quallity soever be always provided with
four pound of Bullets fit for the bore of his gun and all other amuni-
tion armes & accouterments according to y® law in our printed Book.

Public Fast or- Ordered by this Court y' y^ last Wednesday of this Instant be kept
& observed by all y^ Inhabitants of this Colony as a day of publique
fasting and prayer &c.

PART III.

THE BOOK OF THE

GENERAL LAWS

INHABITANTS OF THE JURISDICTION OF

NEW PLIMOUTH,

COLLECTED OUT OF THE RECORDS OF THE

GENERAL COURT:

AND LATELY REVISED, AND WITH SOME EMENDATIONS AND ADDI-
TIONS, ESTABLISHED AND DISPOSED INTO SUCH ORDER AS THEY
MAY READILY CONDUCE TO GENERAL USE AND BENEFIT,
AND PUBLISHED BY THE AUTHORITY OF THE GENER-
AL COURT FOR THAT JURISDICTION, HELD AT
PLIMOUTH, THE SIXTH OF JUNE, ANNO DOM.
1671.

Be subject to every Ordinance of Man for the Lord's sake.
1 Pet. 2. 13.

CAMB ridge:

PRINTED BY SAMUEL GREEN^

1672.

THE

GENERAL LAWS

LIBERTIES OF NEW PLIMOUTH COLONY.

REVISED AND PUBLISHED BY ORDER OF THE GENERALL COURT,

IN JUNE, 1671.

CHAPTER I.

THE GENERALL FUNDAMENTALS.

1. Wee the Associates of New-Plimouth, cotneing hither as Free- Laws to be made
born Subjects of the State of England, endowed with all and singu- tifeir ^epresenta-
lar ; the Priviledges belonging to such being Assembled ; Do enact, "^^^*
Ordain and Constitute ; That no Act, Imposition, Law or Ordinance,

be made or imposed upon us, at present or to come ; but such as
shall be made or imposed by consent of the Body of Freemen or
Associates, or their Representatives legally Assembled : which is ac-
cording to the free Liberties of the State of England.

2. And for the well-governing this Corporation ; It is also Re- Annual elections

by fr66in6n*

solved and Ordered, That there be a Free Election Annually, of
Governour, and Assistants by the Vote of the Freemen of this Cor-
poration ; and that none shall presume to impose themselves or any
other upon us, but such as are so chose, according to the priviledge
granted us by Charter.

3. That Justice and Right be equally and impartially Administred Justice, equally
unto all, not sold, denied or causelesly deferred unto any. minisued. ^^ '

4. It is also Enacted, that no person in this Government shall be None to suffer but
endamaged in respect of Life, Limb, Liberty, Good name or Estate, orthe clionyf^
under colour of Law, or countenance of Authority, but by virtue or Iff^Endaud""^ '^^
equity of some express Law of the General Court of this Colony,

the known Law of God, or the good and equitable Laws of our Na-
tion suitable for us, being brought to Answer by due process thereof.
31

242 LAWS OF THE [PART III.

All trials to be 5. That all Trials, whether Capital, Criminal, or between Man

by a jury. i tit i •

and Man, be tried by Jury of twelve good and lawful Men, accord-
ing to the commendable custome of England ; except the party
or parties concerned, do refer it to the Bench, or some express Law
doth refer it to their Judgement and Tryal, or the Tryal of some
other Court where Jury is not ; in which case the party agrieved,
may appeal, and shall have Tryal by a Jury.
Liberty to dial- And it shall be in the liberty of both Plaintifle and Defendant or

lenge jurors. xa i- i •

any Dehnquent, that is to be tryed by a Jury, to chalenge any of the
Jurors, and if the chalenge be found just and reasonable by the
Bench, it shall be allowed him, and others without just exception
shall be impannelled in their room : And if it be in case of Life and
Death, the Prisoner shall have liberty to except against six or eight
of the Jury, without giving any reason for his exception.
What testimony 6. That no Man be Sentenced to Death without Testimonies of

in capital cases. . , i i • i • • i i

two Witnesses at least, or that which is equivalent thereunto, and that
two or three Witnesses being of competent Age, Understanding and
of good Reputation, Testifying to the case in question, shall be ac-
counted and accepted as full Testimony in any case, though they did
not together see or hear, and so Witness to the same individual Act,
in reference to circumstances of time and place ; Provided the Bench
and Jury be satisfied with such Testimony.
Power and liber- 7. And It is provided, as the supposed Priviledge of our Charter,
pose of their es- that all persons of the age of twenty one years, of right Understand-
cept such^as' are ing and Memory, whether Excommunicated, Condemned or other,
treason.^ °^ having any Estate properly theirs to dispose, shall have full power
and liberty to make their reasonable Wills and Testaments, and other
lawful Alienations of their Lands and Estates ; Be it only here ex-
cepted, that such as are Sentenced for Treason against the Kings
Majesty, the State of England, or the Commonweal ; shall forfeit to
the King or Colony their personal Estate, their I^ands being still at
their disposal.
The great end of 8. That whercas the great and known end of the first comers, in

coming into the ti^i-i-itvi-/^ j

wilderness was to the year of our Lord, 1620, leaving their dear JNative Country, and
worship of God. all that was dear to them there ; transporting themselves over the vast
Ocean into this remote waste Wilderness, and therein willingly con-
flicting with Dangers, Losses, Hardships and Distresses sore and not
a few ; WAS, that without offence, they under the protection of their
Native Prince, together with the enlargements of his Majesties Do-
minions, might with the liberty of a good conscience, enjoy the pure
Scriptural Worship of God, without the mixture of Humane Inven-
tions and Impositions: And that there children after them might walk

PART III.] COLONY OF NEW PLYMOUTH. 243

in the Holy wayes of the Lord ; And for which end they obtained
leave from King James of happy Memory and his Honourable Coun-
cil, with further Graunts from his Gracious Majesty Charles the first
and his Honourable Council, by Letters Patents, for sundry Tracts
of Land, with many Priviledges therein contained for their better in-
couragement to proceed on in so Pious a Work, which may espe-
cially tend to the propagation of Religion, &c. as by Letters Patents
more at large appeareth, and with further assurance also of the con-
tinuance of our Liberties and Priviledges, both Civil and Religious,
under the Royal Hand and Seal of our Sovereign Lord King Charles
the Second: And whereas by the good Hand of our God upon us,
many others since the first comers are for the same pious end come
unto us, and sundry others rise up amongst us, desirous with all good
conscience to walk in the Faith and order of the Gospel ; whereby
there are many churches gathered amongst us walking according
thereunto.

And whereas (by the Grace of God) we have now had near about
fifty Years Experience, of the good consistency of these churches,
with Civil Peace and Order, and also with spiritual Edification, to-
gether with the welfare and tranquility of this Government ;

It is therefore for the Honour of God and the propagation of Re- The churches of
ligion, and the continued welfare of this Colony Ordered by this tected in thdr"^°"
Court and the Authority thereof. That the said Churches already ^rdeHy^wrik^ng-,
gathered, or that shall hereafter be orderly gathered, may and shall ^?1"^® ministers

o ^ J o T J qI the gospel pro-

from time to time by this Government be protected and encouraged, videdfor.
in their peaceable and orderly walking, and the Faithful, Able, Or-
thodox, Teaching Ministry thereof, duely encouraged and provided
for ; together with such other Orthodox able Dispensers of the Gos-
pel, which shall or may be placed in any Township in this Govern-
ment, where there is or may be defect of Church Order.

9. And finally, it is Ordered and Declared by this Court and the ah the foregoing
Authority thereof. That all these foregoing Orders and Constitutions, be preserved ki-
and so Fundamentally essential to the just Rights, Liberties, Com- ^'°'^'^-
mon good and special end of this Colony, as that they shall and ought
to be inviolable preserved.

CHAPTER II.

CAPITAL LAWS.

>

It is Enacted by this Court and the Authority thereof. That if idolatry,
any person having had the knowledge of the true God, openly and

244

LAWS OF THE

[part III.

Blasphemy.

Treason.

Conspiring
against this Juris-
diction.

Wilful murder.

Manslaughter.

Murder by guile
or poisoning.

Witchcraft.

Bestiality.

Sodomy.

F alse-witness.

Man-stealing.

manifestly, Have or Worship any other God but the Lord God, he
shall be put to Death. Exod. 22. 20. Deut. 13. 6, 10.

2. If any Person within this Jurisdiction, professing the true God,
shall wittingly and willingly presume to Blaspheme the Holy Name
of God ; Father, Son or Holy God, with direct, express, presump-
tuous or high-handed Blasphemy, either by wilful or obstinate deny-
ing of the true God, or His Creation or Government of the World ;
or shall curse God, Father, Son or Holy Ghost, such Person shall
be put to Death. Levit. 24. 15, 16.

3. Treason against the Person of our Soveraign Lord the King,
the State and Common-wealth of England, shall be punished by
Death.

4. That w^hosoever shall Conspire and Attempt any Invasion, In-
surrection, or Publick Rebellion against this Jurisdiction, or the
Surprizal of any Town, Plantation, Fortification or Amunition,
therein provided for the safety thereof, or shall Treacherously and
Perfidiously Attempt and Endeavour the Alteration and Subversion
of the Fundamental Frame and Constitutions of this Government;
every such Person shall be put to Death.

5. If any Person shall commit wilfull Murther by killing any Man,
Woman or Childe, upon premeditated Malice, Hatred or Cruelty,
not in a way of necessary and just Defence, nor by casualty against
his Will ; he shall be put to Death.

6. If any Person slayeth another suddenly in Anger and Cruelty
of Passion ; he shall be put to Death.

7. If any Person shall slay another through Guile, either by
Poysoning or other such Develish practices ; he shall be put to
Death.

8. If any Christian (so called) be a Witch, that is, hath, or con-
sulteth with a Familiar Spirit ; he or they shall be put to Death.

9. If any person lyeth with a Beast or Bruit Creature, by Carnal
Copulation, they shall surely be put to Death, and the Beast shall be
slain and buried and not eaten.

10. If any Man lyeth with Mankinde, as he lyeth with a Woman,
both of them have committed Abomination ; they both shall surely
be put to Death, unless the one party were forced, or be under four-
teen years of Age : And all other Sodomitical filthiness, shall be
surely punished according to the nature of it.

11. If any Person Rise up by False Witness, wittingly and of
purpose to take away any Mans life ; he shall be put to Death.

12. If any Man Stealeth Man-kinde, he shall be put to Death or
otherwise grievously punished.

PART III.] COLONY OF NEW PLYMOUTH. 245

13. If any Childe or Children above sixteen years old, and of Cursing or smit-
competent Understanding, shall Curse or Smite their Natural Father moiher.

or Mother; he or they shall be put to Death, unless it can be suffi-
ciently testified that the Parents have been very Unchristianly negli-
gent in the Education of such Children, or so provoked them by ex-
treme and cruel Correction, that they have been forced thereunto, to
preserve themselves from Death or Maiming.

14. If a Man have a Stubborn or Rebellious Son, of sufficient The rebellious

1 , ,.,... ~ 1 • 1 1 II son, how puiiish-

years and understandmg (viz.) sixteen years oi age, which shall not ed.
obey the voice of his Father, or the voice of his Mother, and that
when they have chastened him, will not barken unto them ; then shall
his Father and Mother, being his natural parents, lay hold on him,
and bring him before the Magistrates assembled in Court, and testi-
fie unto them, that their Son is Stubborn and Rebellious, and will
not obey their voice and chastisement, but lives in sundry notorious
crimes ; such a Son shall be put to Death, or otherwise severely
punished.

15. If a Man shall ravish a Maid or Woman, committing Carnal Rape.
Corpulation with her by force ; that is above the age of ten years, or

if shee were under ten years of age, though her will was gained by
him, he shall be punished with Death or some other grievous punish-
ment, according as the Fact may be circumstanced.

16. Whosoever shall wilfully or on purpose. Burn any House, wilful burninff of
Ship, Barque or other Vessel of considerable value; such person ''"^^^^'^"P^'
shall be put to Death, or otherwise grievously punished, as the case

and circumstances of it may require.

CHAPTER III.

CRIMINALS.

1. It is Ordered by this Court and the Authority thereof; That Persons charged
what person soever is to Answer any Criminal Offence, whether they offence^ when
be in prison or under Bayle, his Case shall be heard and determined

at the next Court that hath proper cognizance thereof, and may be
done without prejudice of Justice.

2. It is Enacted by this Court, &c. That whosoever shall Commit Adultery, how
Adultery with a Married Woman or one Betrothed to another Man,

both of them shall be severely punished, by whipping two several
times, viz. once when the Court is in being, at which they were Convict
of fact, and the second time as the Court shall Order ; and likewise

246 LAWS OF THE [PART III.

to wear two Capital Letters A. D. cut out in Cloth and sewed on
their uppermost Garments, on their Arm or Back ; and if at any
time they shall be found without the said Letters so worne, whilest
in this Government, to be forthwith taken and publickly whipt, and
so from time to time as often as they are found not to wear them.

Fornication, how 3. Be it also Enacted, That whosoever Committeth Fornication,
before or without lawful Contract, shall be punished by whipping or
else pay ten pounds fine each of them, and be imprisoned during the
pleasure of the Court, not exceeding three dayes ; but if they be or
will be Married to each other, then but ten pounds both, and impris-
oned as aforesaid, by lawful Contract, the Court understanding the
mutual consent of Parents, Guardians or Overseers, and a solemn
promise of Marriage made to each other by the parties, before com-
petent Witnesses.

After contract. And if any Commit Carnal Copulation after Contract, before

Marriage, they shall be Amerced each of them fifty shillings ; and
be imprisoned if the Court see Reason ; And if any cannot or will
not pay then to be punished by whipping. And for the more dis-
countenancing to this prevailing evil :

Persons guilty of The Court hath further Determined, That such as transgress in

convkte'dinopen any of these wayes, shall be convict in publick Court ; and their

court, &c. ^j^gg ^Q Yte paid in money.

4. Forasmuch as many persons of late years have been and are
apt to be injurious to the Goods and Livesof others, notwithstanding
all Laws and Means to prevent and punish the same ;
Penalty for bur- It is therefore Ordered by this Court and Authority thereof, That

glary or robbery. .„ • n i i i i • -r\ ir

II any person sliall commit Burglary, by breaking up any Dwelling
House, or Ware-house, or shall forceably Rob any person in the
Field, or Highwayes ; such Offenders shall for the first ofl'ence be
Branded on the right Hand with the letter B, and if he shall offend
in the same kind the second time, he shall be Branded on the other
Hand and be severely whipped ; And if either were committed on
the Lord's day, his Brand to be set on his Forehead ; And if he
shall fall into the like offence the third time, he shall be put to Death,
as being Incorrigeable, or otherwise grievously punished, as the
Court shall Determine.
Stealing- of ves- 5. And whosoevcr shall steal or attempt to steal any ship, Barque,
l\oa°^ ^'"'"""' or Vessel of Burthen, or any Publick Amunition, shall be severely
punished, according to the nature of such a Fact, provided it extend
not to Life or Limbe.
Stealing, how 6. That if any Stranger, or Inhabitant of this Government, shall

be legally convict of Stealing or Purloining any Horses, Chattels,

PART III.] COLONY OF NEW PLYMOUTH. 247

Moneys, or other Goods of any kinde, he shall be punished by due
reparation to the party wronged ; and a fine, or Corporal punish-
ment, as the Court or three Magestrates shall Determine ; Provided
that where such Sentence is not given by the Court, it shall be at
the liberty of the Delinquent to Appeal to the next Court, putting
in due caution there to appear and abide a Tryal.

7. That any Magistrate may Hear and Determine such smaller What offences
Thefts and Pilfrings, as exceeds not the damage or fine of forty shil- detfrm^ne.^ "^
lings, on penalty of stocking or whipping, not exceeding ten stripes,

or only legal Admonition, as he shall see cause ; saving liberty of
Appeal to the Delinquent as aforesaid.

8. It is Enacted by the Court, &c. That whosoever shall pro- Profane swear-
phanely Swear or Curse by the name of God, or any of his Attri-
butes, Word or Works ; He or Shee shall be set in the Stocks,

not exceeding three hours, or be fined ten shillings, or be Imprisoned,
according to the quality of the person ; if a Stranger, the Constable
or his Deputy shall demand the fine, which if he refuse, then to set
him in the stocks, not exceeding two hours.

9. This Court taking notice of great abuse, and many misdemea- Profanation of

, , ,. . , T* r • the Lord's day.

nours, committed by divers persons in these many wayes, Jrroianeing
the Sabbath or Lord's-day, to the great dishonour of God, Reproach
of Religion, and Grief of the Spirits of God's People

Do therefore Order, That whosoever shall Prophane the Lord's-
day, by doing unnecessary servile Work, by unnecessary travailing,
or by sports and recreations, he or they that so transgress, shall for-
feit for every such default forty shillings, or be publickly whipt :
But if it clearly appear that the sin was proudly. Presumptuously
and with a high hand committed, against the known Command and
Authority of the blessed God, such a person therein Despising and
Reproaching the Lord, shall be put to death or grievously punished
at the Judgement of the Court.

10. And whosoever shall frequently neglect the public Worship of Penalty for ne-
God on the Lords day, that is approved by this Government, shall worship.
forfeit for every such default convicted of, ten shillings, especially

where it appears to arise from negligence, Idleness or Prophaness of
Spirit.

11. For as much as the open contempt 'of Gods Word, and
the Messengers thereof, is the desolating sin of Civill States and
Churches ;

It is Enacted, that if any Christian so called in this Government, Penalty for

. ^ , XT speaking con-

shall speak contemptuously of the Holy Scriptures, or of the Holy temptuousiy of

-r» , r . , n u • i J u x- "'« ""'.V ^erip-

Pen-men thereoi, such person or persons shall be punished by J:' ine tures, &c.

248

LAWS OF THE

[part III.

pressing their
opinions in an
orderly manner,

or Corporall punishment, as the Court shall see reason, so as it ex-
tend not to Life or Limbe.

Or shall behave himself contemptuously towards the Word of God
Preached or any Minister thereof called, and faithfully dispensing the
same in any Congregation, either by manifest interrupting him in his
Ministerial Dispensations, or falsly and peremptarily charging him
with Teaching Error, to the disparagement and hindrance of the
Work of Christ in his hands, or manifestly and contemptuously re-
proach the Wayes, Churches or ordinances of Christ, being duely
convicted thereof, He or they shall for the first Transgression, be
amerced twenty shillings to the Colonies use, or be set in the stocks,
not exceeding four hours ; But if He or They go on to Transgress
in the same kinde, then to be amerced forty shillings or be whipt for
every such Transgression.
None deprived of It is to be Understood not hereby, to deprive any of their lawful
1 er > o ex jjjjgj,jy j^^ ^ modcst and orderly way to propose his scruple for further
satisfaction.

12. Although no creature be Lord, or have power over the Faith
and consciences of men, nor may constrain them to believe or profess
against their Consciences, yet it being a duty to restrain or provide
against such as may bring in dangerous Errors or Heresies, tending
to corrupt and destroy the souls of men ;

It is therefore ordered, &c. That if any Christian so called shall
within this Jurisdiction, go about to subvert or destroy the Christian
Faith or Religion, by broaching, publishing or maintaining any such
dangerous Error or Heresie, or shall endeavor to draw or seduce
others thereunto ; every such person so offending, and continuing
obstinate therein, after due means of conviction, shall be fined, ban-
ished or otherwise severely punished, as the Court of Magistrates
duely considering the offence, with the aggrevating Circumstances
and Dangers like to ensue shall judge meet.

13. It is ordered, &c. There where a Judgment is given in any
Court, for any person of House or Lands, upon the tryal of the Title
thereof, or other just cause, if the person against whom the Judgment
is given, doth either forcibly detain possession thereof, either against
the Officer impowred to serve an execution thereon, or after Exe-
cution served, enter upon it again and so retain possession by force,
he shall be accounted an high offender against the Law and Breakers
of the Publick Peace ; therefore speedily to redress such a Criminal
Offence, every Magistrate is impowred and by his place hath power
to give Warrant and Command to the Marshal, Officer and other
men whom he thinks meet to be imployed in the business, the Mar-

Heresy, how

punished.

Forcible de-
tainer.

PART III.] COLONY OF NEW PLYMOUTH. 249

shal or other Officer also requiring aid, greater or lesser as need re-
quires to suppress the force, and give Possession to the Owner, and
to imprison such as do appear to be Delinquents and their Aiders and
Abettors, to be forth comeing at the next Court that did give the
Judgment in the Case, there to mai<e their Answer, and whom the
Court doth find guihy, to set such fine or other punishment upon
them as the merit of their several cases doth require.

14. It is ordered, &c. That whosoever shall disturbe or under- Disturbance of
mine the peace of this Jurisdiction or Inhabitants thereof, by plotting punished.'
with others, or by his own tumultuous an offensive carriage, tradu-
cing, quarreling, challenging, or assaulting, or any other way tending

to public disturbance, in what place soever it be done, or shall de-
fame any Court of Justice, or any of the Magistrates of Judges of Defamation of

•^ . . .... Court or Judge.

any Court in this Jurisdiction, in respect of any Act or sentence
thei'ein passed ; every such Offender, upon due proof made, shall be
by the Court of Magistrates punished by fine, imprisonment, binding
to the Peace or good Behaviour, according to the quality and meas-
ure of the Offence or Disturbance, to them seeming just and equal.

And that such as Beat, Hurt or Strike any other person, shall be Assault,
liable to pay unto the party hurt or stricken, together with such fine
to the Colony, as on consideration of the party smiting or being smit,
and with what Instrument, danger more or less, time, place, provo-
cation, &c. shall be judged just and reasonable to the merit of the
offence.

15. It is Ordered &c. That if any person shall Forge any deed Forging of deeds,

m T-»iTTii-rii A • T bills, bonds, &.c.

or conveyance, lestament. Bond, Bill, Itelease, Acquittance, Let-
ter of Aturney, or any Writeing to prdvcnL Ju^quity and Justice, he
shall pay the party grieved double damages, and be fined himself so
much to the Countries use, and if he cannot pay to be pubhckly whipt,
and burned in the face with a Roman F.

16. Be it also enacted ; That if any Notary or Keeper of publick Penalty for em-
Records, or Writeings, shall wilfully embezel or make away any such &c.^ " ^ '
Records or Writeings of Concernment, committed to his keeping and

trust, or shall on purpose falsifie or deface them, by racing out, add-
ing to them, or otherwise ; such Corrupt Officer shall lose his Office,
be Disfranchized and be burned in the Face, or fined according to
the circumstances of the Fact.

17. And if any person shall endeavour to corrupt any Officer that Or attempting to
keepeth such public Records or Papers of Concernment, to procure to do it.

him to Deface, Corrupt, Alter, or Imbezle any of them, he shall be
severely punished, by Fine, Imprisonment, or Coporal punishment,
as the matter may be circumstanced.
32

250 LAWS OF THE [PART III.

Publishing of 18. It is Enacted, by this Court, &c. That what person soever,

falsehoods, how . . ' •' . ' . . ' .

punished. being sixteen years of age, shall wittingly or willingly make or publish

any Lye, which may be tending to the damage or hurt of any partic-
ular person or with intent to deceive and abuse the people with false
News or Reports, shall be fined for every such default ten shillings,
and if the party cannot or will not pay the fine, then he shall sit in
the stocks so long as the Court shall think meet ; and if the Offender
shall come to a Magestrate and own his offence, it shall be in the
power of that Magestrate to execute the Law upon him where he
liveth, and spare his appearance at the Court, but in case where the
lye is greatly pernicious to the publick weal, it shall be more severely
punished according to the nature of it.

Wilful burning of 19. It is Enacted by this Court &c. That if any person shall wil-
fully, and of set purpose, burn any mans fence ; he shall make good
the damage to the party wronged, be amerced forty shillings, and be
bound to the good Behavior if the Court see reason.

Breaking of 20. And it is further Ordered ; That any person that shall wilfully,

hhdg'ef^ ^ "' and on purpose, bi-eak down another mans Fence, Gate or Bridge,
to the annoyance either of a particular person, or a neighbourhood ;
he shall make up such said Fence, Gate or Bridge at his own charge,
pay the damage thereby sustained, and be amerced according to the
nature of the offence: saving the right of him that pulls up a Fence
set on his land without his approbation.

Removing of 2L And whosoever shall wilfully pluck up, remove or deface any

Landmark or Bounds between party and party, that have been, or
shall be orderly set up by persons thereunto appointed ; he or they
shall be fined from twenty shillings to five pounds as the offence may
be circumstanced.

Gaming at public 22. It is Enacted by this Court &c. That no In-keeper or publick
ouses. House, shall suffer any unlawful Games, nor any kinde of Gaming in

or about his House, for money or monies worth. Liquors, Wine,
Beer, or the like, on forfeit of forty shillings for the Master or Keep-
er of the House, and ten shillings apeice from each Gamester.

Playing at unlaw- 23. Be it also Enacted, That no person in this Government, shall

ful games. pjg^ g^ Cards, Dice, Cross and Pile, or any such unlawful Game,

wherein there is Lottery, at any private house, or elsewhere in this
Government on penalty of ten shillings fine, to be paid by every one
that so playes, and twenty shillings by the Master or Head of a Fam-
ily that shall know of and suffer such Gaming in his House or where
he hath Command.

Wearing vizors. 24. It is Enacted by this Court, &c. That no person in this Gov-
ernment shall wear any Vizards, or disguise by strange Apparel, to

PART III.] COLONY OF NEW PLYMOUTH. 251

lascivious and evil ends and purposes, on penalty of being fined fifty
shillings to the Colonies use, for every such default, or being publicly
whipt or bound to the good Behaviour, as the Court may see reason.

25. Forasmuch as it is observed, that the sin of Drunkenness,
doth greatly abound, to the dishonour of God, impoverishing of such
as fall into it, and grief of such as are sober minded ; For prevention,
and it may be suppression of that growing and prevailing evil ;

It is enacted by this Court and Authority thereof, that whatsoever Penalty for

. . . drunkenness.

persons shall be found drunk at any time m any tavern, ordinarie, Ale-
house or elsewhere in this Government, or be legally convict thereof,
he or they shall for the first default be fined five shillings to the Coun-
tries use ; for the second default ten shillings, and if he or they will not
or cannot pay the fine, then to be set in the stocks, not exceeding two
hours ; for the third transgression to be bound to the good behavior,
and if he shall transgress a fourth time, to pay five pounds or be pub-
licly whipt, and so from time to time as often as they shall be found
transgressors in that kinde: by Drunkendess is to be understood one How defined,
that lisps or falters in his speech by reason of over much Drink, or
that staggers in his going, or that vomits by reason of excessive
drinking, or that cannot by reason thereof follow his calling.

26. Whereas notwithstanding all the care and endeavours of this
Court to prevent that great and raging sin of Drunkenness ; yet still
many goe on in it ;

1 herefore this Court doth further Enact, that the names of such as The names of

r 1 ^ u TV 1 I • .1 • /^i 1 II I • drunkards to be

are lound to be common Drunkards in this Government, shall be in- rerorded and
rouled or recorded ; and that whatever person or persons, whether P°*'^'*-
Ordinary keepers or' others, shall give, sell or lend, either directly
or indirectly any strong Liquors, or Wine, cr strong Beer unto any
such person or persons, shall forfeit ten shillings, five shillings to the
Colonies use, and five shillings to the Informer.

And the Names of such as are so found in any Town, shall be set
up in some publick place.

27. Whereas many have sustained great damage by indiscreet and
untimely firing of the woods ;

It is ordered, &c. That none shall fire the Woods at any time, but Untimely firing

, , ,, . . 1 • • 1 1 ''i^ woods.

they shall give warning thereol to their neighbours about them, and
the time of firing them, to be between the fifteenth of February and
the latter end of April ; and if any shall unnecessarily fire the Woods,
or not observing this order, damnifie any, he shall make good the
damage, and be fined ten shillings or be set in the stocks.

28. And for as much as some have been injured by careless taking
of Tobacco abroad in the streets, and near unto Barns, Stables, Hay-
stacks, or Corn-ricks ;

252 LAWS OF THE [PART HI.

Penalty for It is hereby ordered, &c. That whosoever shall be found smoak-

in ihe streets. ing of Tobacco in the Streets, or in such places of danger, shall for-
feit to the poor of the Town two shillings for every such default,
which the Constable may without further Warrant, distrain and dis-
pose of; and if it can be known that damage did accrue unto any by
such careless smoaking of Tobacco, it shall be repaired by him that
was the occasion of it, or he shall be made to serve it out: Souldiers
whilest in Arms are dispensed with, to smoak it in the field.

And if any person or persons shall be found smoaking of Tobacco
on the Lords day, going to, or comeing from the Meetings, within
two miles of the Meetinghouse, they shall pay two shillings for every
such default, to the Colonies use.

CHAPTER IV.

ACTIONS.

A warrant shall ^^ '^ enacted by this Court, &c. That in all Warrants respecting
express the char- Actions, tlic spccial ground of the Action shall be expressed: And

acter in which the j i. a i

plaintiff sues, and that a circumstantial Error in a Summons or Warrant shall not be

shall not be viti-
ated by trivial taken as a sufficient ground for a non-suit, where otherwise both the
errors*

party and case intended may be rationally understood ; and it shall

also be expressed in the Warrant, in what quality the PlaintifFe sues,

whether as Principle, Attorney, Gaurdian or otherwise.

2. Because much time is lost in the beginning of Courts of Tryals,

by neglect of timely Entry of Actions ;

Time of entry of It is Enacted by this Court, That Actions shall be Entred upon,
or before the first day of the Courts sitting, and not after; And in
case any Plaintiffe shall delay his Entry longer than the forenoon of
the first day of the Court, he shall pay ten shillings to the Countries
use, besides ordinary Fees for Tryal of Actions. And all persons
whether parties or witnesses aie ei"!Joyned to attend their respective
concerns the whole time of the Courts publick sitting until they are
issued.

After the case is And shall present the whole plea and evidence before the case be

committed to the . , it i i i • i i i •

Jury, no further Committed to the Jury, and no otiier plea or evidence to be admit-
int'rod"uc*ed? ^ ted to any person, any usage or custome to the contrary notwith-
standing.

And to this end all Marslialls and Constables, are required to
make their returns of all such Warrants as they have served, some-
time the first forenoon of the Court that is to take cognizance of the
case concerned therein.

PART III.] COLONY OF NEW PLYMOUTH. 253

3. Whereas in Suits and Actions brought into Courts between Proceedings

when only one of

party and party, sometimes the Plaintiflb, and sometimes the De- the panics to an

r I 1 • • 1 /• 1 1 1 1 11 action appears.

lendant, and sometimes neither ol them do attend the call, to prose-
cute or answer, to the great abuse of Court and Jury, and others
concerned in the case, and is contrary to the laudable custome of all
Courts in our Native Country and elsewhere ;

It is therefore Ordered and Enacted, That if any Plaintiffe have
entered an Action, to be tryed in this Court, or which comes by
Replevin, Review, or otherwise, and doih not by himself or by his
Attorney, make their appearance and prosecute their Action, after
they have been three times called in Court, they shall be non suited ;
and if the Defendant appear not to such call, the Plaintiffe appearing,
the Suit shall nevertheless proceed : And if plaintiffe or Defendant
appear at their call, they shall have their costs granted against him
that appeare not ; and if afterwards both parties do agree to try the
Case at the same Court, they shall be allowed so to do, the Plaintiffe
paying for a new Entry, one half to the Treasury, and the other to
the Jury and Officers.

4. And if any person Summoned to answer any Presentment, or Presentments,

r r< -\T- 1 1 1 • • 1 how proceeded

lor any J^ act or Misdemeanour, do not appear at the time appointed, with when there
he or they shall be proceeded against for contempt, except it appear '^ "° ^PPC'*''^"'^^-
they have been prevented by the Hand of God.

5. The ordinary settled charge for the tryal of an Action in this Charges of trial.
Court, shall be nine shillings, for the Jury, Secretary, and Marshal,
distributed according to the former custome of the Court, and two

shillings sixpence per day to Witnesses ; And if the Defendant ob-
tain a Verdict, he shall not only have his Costs allowed him for Wit-
nesses as above said ; but two shillings sixpence per day for what
time he hath necessarily attended on the Action, shall be given him
without Suit, and this shall bare the Defendant from Suit, unless by
Imprisonment, or otherwise he hath been more than ordinarily dam-
nified.

6. It is also Determined, That it shall be at the liberty of a When the piain-
Plaintiffe, to withdraw his Action at any time before the Jury bring draw his suit.

in a Verdict if he see cause, in which case he shall allow the De-
fendant his full costs, and may afterward Review his Suit at another
Court.

7. Be it also Enacted, That no man in any Suit, or Plaint against Vexatious suits,
another, shall falsely pretend great damages, or debts, to vex or dis-
credit his Adversary : And in all cases where it appears to the

Court, that the Plaintiffe hath wittingly wronged the Defendant, in
commencing Suit, or prosecuting Complaint or Inditement against

254 LAWS OF THE [PART III.

him, he shall pay unto the Defendant double costs, and be amerced
twenty shillings or more, as the case may be circumstanced, for such
his vexatious Suit or Plaint.

Reviews, when 8. It is further Enacted, That in case a PlaintifFe obtain not a
Verdict, he may Review his Action if he see cause ; as likewise
may the Defendant, if he be cast ; but if either of them having fallen
twice in his Case upon Review, do still go on to Review, and be
cast a third time, whereby it appears that he is vexatious and trouble-
some to the Court and party prosecuted, he shall be awarded to pay
double costs to the party and twenty shillings fine to the publick
Treasury.

Judgment, when 9. Be it also Enacted, That a Jury bringing in a Verdict, the

^^^^ ^ ' Bench concurring and accepting it. Judgement shall be forthwith

granted ; But if they concur not, the Jury may be put upon further
consideration of the case. And if they still retain their Verdict,
they shall be required to give their Reasons on which it is grounded,
which if they refuse, or having given their Reasons, they appear not
of weight, but the Jury through obstinacy or prejudice to the person
or case, will maintain their Verdict, the Court may in such case re-
ject such Verdict and impannel another Jury for the tryal of the
Action, at that Court or the next ; but if the Second Jury do in the
substance of their Verdict agree with the former, it shall be accepted.

A foreigner shall 10. It is Ordered by this Court, &c. That no Attachments shall

not attach an in- , , . ..... _, . . , ,

habitant until he be granted itt any civil Action to any r orreigner, against a setled
ty fo? costs.*^*^"" Inhabitant of this Jurisdiction, before he hath given sufficient security
or caution duely to prosecute his Action, and to answer the Defend-
ant such costs and damages as the Court may award.

And it is further Ordered, That in all Attachments of Goods and
Chattels, Lands, or Heriditaments which may be in such case where

A summons, how the person cannot be had, whether it be by forreigners or setled In-
served when the , , . i i • i n i •
defendant cannot habitants, legal noticc shall be given to the party concerned, or left

in writeing at his House or place of usual abode before the Suit
proceed : but if he be out of the Jurisdiction, the cause shall pro-
ceed to tryal, but Judgement shall not be entered till another Court,
at least a Month after ; and if the Defendant do not then appear.
Judgement shall be entered, but Execution shall not be granted be-
fore the PlaintifFe haih given sufficient Security to be Responsal to
the Defendant, if he shall reverse the Judgement within one year,
or such further time as the Court shall see cause to Order.
The person or n. Although it hath i)ccn the common usa":e of this Court in

estate or both _ ■-' "

may be attached, ordinary cascs, not to allow Attachments on any Goods or other
estate, where the person can be found to be responsible to the

PART III.] COLONY OF NEW PLYMOUTH. 255

Plaint ; the Court being apprehensive that in some cases persons
may be therein injured ;

Do hereby Order, That it shall henceforth be in the liberty of
the Court or any Magistrate, as they or he shall see cause on con-
sideration of circumstances attending the case, to grant Attachment
either of the person or estate or both.

12. That a Summons from any Magestrate shall be a sufficient A summons suf-

, . ..... ^, ficient notice.

warrant to brmg any person within this (jovernment, to answer to
any Suit commenced against him.

13. And that all Warrants, whether to Attach or Summon any Warrants, when
to answer to an Action, Presentment or Complaint shall be served

three corapleat working dayes before the Court, or time appointed
for appearance thereat.

14. Be it also Enacted, That henceforth Goods Attached to a Goods attached

m I 1 II 1 1 1 r shall not be re-

iryal shall not be released upon the appearance of the party, or leased, nor shall
Judgement given, but shall stand engaged until the Judgement, or the charged, until*
Execution granted upon the said Judgement be discharged, which for Isfifd!"^"' ^ ^^''
the time thereof, shall be as the Court shall Order ; nor shall any Surety
or Sureties for appearance at any Court, except in Capital or Crimi-
nal cases, be released from his or their Bond, until an hour at least
be expired after Judgement in such case granted ; any Custome or
Usage of this Court to the contrary notwithstanding.

15. Liberty is granted by this Court to any person, to improve Attorneys, when
one or two Attornies to help him in his Pleas ; provided they be

persons of good repute, and such as the Court shall approve ; and
the said Attornies are required, as to be faithful to their Clyent, so
also to avoid fraudulent pleas that may have attendency to mislead
the Court or darken the case.

16. And it is Enacted, That if any person be proved a common Barratry,how
Barrater, by vexing others with unjust, frequent and troublesome

Suits, it shall be in the power of the Court, both to eject his cause,
and punish him for his Barratry, by Fine or Imprisonment.

17. It is also Ordered by this Court, That none shall have power None to convey
to pass away Lands, Heriditaments, or other Estate, or be capable 2i"yearsorUe.
of Sueing or being Sued at any Court in his own person, until he

attain unto the age of one and twenty years : But any Orphan may
chose their Guardians to act for them, at the age of fourteen years,
to secure or defend their Estate as may be requisite.

18. It is Ordered, &c. That no man's person shall be restrained Who are not ai-
or imprisoned by any Authority whatsoever, before the Law hath °^^ ^' '
sentenced him thereunto, if he can put in sufficient Security, Baile

or Mainprize, for his appearance and good Behavior in the mean

256

LAWS OF THE

[part III.

No levy to be
made on lands
where goods are
found, nor shall
the sureties ha
distrained when
the principal has
properly and can
be found.
The beast of the
plough shall not
be distrained
when there is
other property.

Replevin, when
allowed.

Debts to be paid
in specie.
Fines to be forth-
with paid or se-
cured 5

and paid in
money if they do
not exceed ten
shillings.

time, unle.ss it be in Crimes Capital, and Contempt in open Court,
or in such case wliere some express Act of Court doth allow it.

19. It is Ordered, &c. That no debt be leavied on Lands or
Rents, so long as the Debtor hath Goods and Chattels to be found
to satisfie ; neither shall the Pledges or Sureties be distrained, so
long as the Principle is sufficient and can be found.

20. That Beast of the Plough or Draught shall not be distrained
for Debt, so long as others may be found to satisfie the Debt except
for damage feasant.

21. It is Ordered, That every man shall have liberty to Replevy
his Chattel or Goods impounded, distrained or seized, unless it be
upon Execution after Judgement, or for payment of Rates, or Fines,
provided he put in good security to prosecute the Replevin, and to
Satisfie such damage and charge as his Adversary shall recover
against him in Law.

22. That all Debts be paid in specie, according to Contract.

23. That when any Delinquents are fined to the Country, they
shall forthwith pay their fine or give security to the Treasurer for
the same, or their persons secured till they do.

And that all fines not exceeding ten shillings shall be paid in
money.

CHAPTER V.

COURTS.

That the Affaires of this Jurisdiction may be the better carried on ;
It is Agreed and Declared, that there be several Courts, for sev-
eral purposes, and of different constitutions and power.

AND FIRST OF THE GENERAL COURT.

The General
Court, of whom
to consist.

Its power.

The General Court shall consist of the Governour, and Assist-
ants, and Deputies for each Township in this Jurisdiction, which
Deputies shall be Annually chosen, according to order of Court in
that case provided, and shall be sent to each General Court, with
full power of all the Freemen deputed to them, and as the Countries
Representatives, together with the Magistrates, to consult of, and
determine all such matters, and to make and establish all such Laws
and Orders as concerne the publick welfare of this Colony, the mat-
ter of Election of Magistrates and other Officers only excepted,
wherein every Freeman is to give in his vote according to the ac-
customed usage of this Court.

PART III.] COLONY OF NEW PLYMOUTH. 257

2. It is Enacted, that this General Court, and all the Members Place and time

' ' . of sitting-.

thereof, shall meet and sit at Plimouth, on the first tuesday in June

Annually, (nothing extraordinary preventing) and that then there Election of Gov-

shall be the Election of all our Magistrates, viz. a Governor and

seven Assistants, and likewise the Election of two Commissioners

for the United Colonies, and our Treasurer, who shall be all chosen

out of the Freemen, and by the free Votes of the Freemen of this

Corporation, and not otherwise.

And that at this Court also, the Deputies, Selectmen, Grand- Officers to be es-

' _ ' ' _ ' tabhshed.

jury-men, Constables, and Supervizors of the Highwayes, be pre-
sented to be established in their respective places, all which being
first dispatched, then the Magistrates and Deputies shall continue
together, to Consider and Order all such other affaires of this Juris-
diction as fall within their Cognizance, Trust and Power, until they
shall see cause to dissolve or adjourn the said Court unto another
lime.

3. It is also Ordered, That besides the said fixed Courts, the Who may sum-

_, .... 1 -r» r^ I • 1 • m"""* a General

Gnvernour or ui Ins absence, the Deputy Governour, and in then- Court of the body
absence the greater part of the Magistrates of this Jurisdiction, shall iheir repr'e'senta-
have povs^er to Summon a General Court, either the whole body of ocmsi'ous!'^*^'^
Freemen, or their Representatives at any time, as the urgent and
extraordinary occasions of the .Jurisdiction, or any part thereof may
require.

And if any of the said Magistrates, or Deputies shall without just ^'n^ 'o'" non-ap-

•^ . . . pear;\nces or de-

cause, either be absent at the first sitting of any of the said General panure without
Courts, whether ordinary or extraordinary, c- without leave depart,
or disorderly absent him or themsciv is fiuiii liie service thereof, be-
fore the Court be finished, he or they shall each of them pay twenty
shillings, for a fine to the Jurisdiction, for such absence or departure,
but if the absence or departure be mingled with Contempt, or wilful
neglect, the fine shall be increased, as the Court upon due consider-
ation of the offence, with the aggravations, shall judge meet.

4. And in regard that through Age, Inability of Body, or Urgen-
cy of Occasions, many of the Freemen cannot attend the Courts of
Election ;

Liberty is hereby granted to such of the Freemen as will not be Proxies may be
there in person, to send their Votes by proxy, viz. by the Deputies
of their respective Towns ; provided that such Votes be given to the
said Deputies in open Town Meeting, and shall by the Deputies, be
there sealed up severally, (that is to say) Votes for Governour by
themselves. Assistants by themselves, &c. And that the Deputies
33

258 LAWS OF THE [PART III.

also take a List of the names of such as sent Votes by them, that
they may answer for them when they are called ;
leciin'<^^o°a "eir ^^^ ^^^^^ whosoever of the Freemen, do not appear at Election,
ai court or 10 jn Person, or by Proxy, he shall be for such nealect, amerced to

send a proxy. > j j j o 7

the Treasury ten shillings.

i>elmen°'^ ^'^^ 5. Forasniuch as the Freemen of this Corporation, have been

declared to be the Associates of this Government, and have the
priviledge and power of chosing Officers, and by themselves or their
Representatives, together with the Magistrates, of making and Re-
pealing Laws and management of the greatest concernes of this
Common Weal.

Who to be ad- It is therefore Enacted by this Court and the Authority thereof,

milled freemen, . 1 • 1 t< • 1 • -, • 1

and in what man- that none sliall be admitted a J^reeman of this Corporation, but such
as are one and twenty yeares of age at the least, and have the testi-
mony of their neighbours, that they are of sober and peaceable con-
versation. Orthodox in the Fundamentals of Religion, and such as
have also twenty pounds rateable Estate at the least in the Govern-
ment. And that the Court may be well informed, that such persons
as are to be admitted Freemen are so qualified ; they shall stand
propounded a compleat year, before they take up their Freedome,
unless it be some person that is generally known and approved, or of
whom the Court may make present improvement : And all Freemen
to be taken in at Election Courts only and in open Court.

Whentobedis- 6. And forasmuch as some corrupt Members may creep into the

franchised. . .

best and purest Societies ;

If any Freeman of tliis Cirpcration shall be discovered to be no-
toriously vitious or scandalous, as common Lyars, Drunkards,
Swearers, Apostates from the Fundamentals of Religion, or the like
or doth manifestly appear to be disaffected to this Government ; upon
legal and due conviction of all or any of these, it shall be in the
power of the General Court to Disfranchize him if they see cause
from the priviledge of a Freeman.

And because it greatly concerns the good and Weal of the whole
Colony, to have a good choice made in the several Towns, of Select-
men, Deputies, Grand-jury-men, Constables, &c. and it appears that
some do abuse their liberty in Voting for choice of such Officers, and
are either factious or slitc in their choice ;
Who to vote in It is therefore Enacted, That henceforth none shall have power to

town meetings ^-. , • m -it t-"

for choice of offi- Vote on such accounts in 1 own meetings, but sucli as are l^reemen
of the Corporation, or Free-holders of twenty pounds Rateable Es-
tate, Orthodox in the Fundamentals of Religion, of good Conversa-
tion, and having taken the Oath of Fidelity,

PART III.] COLONY OF NEW PLYMOUTH. 259

7. It is Enacted, That each Township in this Jurisdiction, do Deputies to be

gniiually elected,

Annually, Elect and Chose one or two fit men out of the Freemen, ami iheir names

r I ■ -r^ ■ • 1 /• 11 r • ^ i i • preseiiled to the

lor then- Deputies, with lull power as aloresaid, to attend the service Court.
of the General Court, and the adjournments thereof, or for the whole
year, in pain of forty shillings, and the respective Constable, to return
the names of those so chosen to the Court, in pain of twenty shillings
to the Colonies use.

8. And if the Court to whom such Deputy or Deputies be pre- In what case to
sented, do upon the taking notice of their Members, adjudge any of the reason re-
them to be unfit for such a trust, then shall the Court return them town.

with the reason thereof, unto the Town from whence they were sent,
that they may make choice of fitter persons to send in their stead, as
the opportunity will permit.

9. It is ordered, &c. That nothing shall be concluded, and pass No act to pass
as an Act of the General Court, but by the consent and vote of the sent and vote of
major part of the Court. '^ majority.

And the Governour, or in his absence the Deputy Governour, When the Gov-
shall have a casting Vote, whensoever there shall be an Equi-vote, Govomor shall
either in the General Court or Court of Assistants.: vote. ** '"^

10. That in case either of the Commissioners chosen, shall by if either of the

^1 ., I ,• • 1 1 1 11 -1 r 1 1 persons chosen

Gods providence be dismabled to attend the service thereot, then the commissioner

r , I'll! 11 • • 1 • 1 cannot attend,

next in nomination lor that choice shall attend that service in his stead, the next in nomi-

11. And it is Ordered, That until the Court see cause for the pf^jpe" ^" '^ ^ '*
Freemens annual Electing of a Deputy Governour, the eldest Assist- The eldest Assis-

,,,,,,., ^, . , tant to be Deputy

ant shall supply that place m the Governours necessary or unavoida- Governor.
ble absence.

SECONDLY, COURTS OF ASSISTANTS OR MAGISTRATES.

For the better Administration of .Justice ;

It is Ordered and Enacted by this Court and the Authority there- Court of Assis-
of ; That there be and shall be a Court called the Court of Assistants when tosh.
or Magistrates, wherein all the Magistrates for this Jurisdiction shall
meet and sit at Plimoulh at least three times a year, namely the first
tuesday in March, the first tuesday in .July and the last tuesday in
October, to hear, examine, and determine all capital. Criminal, and its jurisdiction.
Civil causes according to Law, and to receive and try all Appeals
duely brought unto them from any Inferiour Court, or sentence passed ;
And to call all the Inhabitants, Freemen, Planters, or others to ac-
compt, for the breach of any Laws or Orders established or for other
misdemeanours, and to Censure them according to the quality of the
offence ami Law in such case provided, and to summons Juries of
Inquests, and Tryals out of the Townships in this Jurisdiction, and

260 LAWS OF THE [PART III

to make and constitute Clerks or other needful Officers, &c.in which
meetings of the Magistrates, less than four Magistrates shall not be
accounted a Court.

2. And that Justice be not deferred, nor the Country needlesly
charged ;
ACourtof Assis- It shall be lawful for the Governour or in his absence the Deputy

tants may be

called on special Governour to Call a Court of Assistants, for the Tryal of any Male-
occasions. ^ . „ . . 1 • T • 1

lactor in Capital causes, or upon any otlier weighty occasion, as he
shall see cause.
A special Court 3. That it shall be lawful for the Governour, Deputy Governour

may be called at m, ■ ,, • i /-. i ti ' r

the request of or any two Magistrates, to call a special Court at the Kequest oi any

"^^'^ ' Stranger, or Forreigner for Tryal, in a case of considerable value ;

provided such stranger put in security to defray the charge thereof,

at which Court there shall not be less than three Magistrates.

Onestrangermay 4. And that it shall be lawful for anv stranger, upon Legal Sum-
sue another. . . r> i "^ /-i

mons, to enter any action in any ot these Courts, against any person

that is not an Inhabitant amongst us.

The Bench may 5. That the Bench shall have power to determine all such matters

determine mat- /.-r-.. iviiiz-i t 1 r

ters o( equity. of Equity, as Cannot be relieved by the Common Law ; as the lor-
feiture of an Obligation, breach of Covenants without great damage or
the like matters of apparent Equity.

The Court may 6. It is also Ordered, that in all Laws which are or shall be made,

inflict oeiialties . 1 1 v • 1 n m

for a violation of wherc uo fine or penalty is expressed and limited, all 1 ransgressoj-s

such laws as have i i n i i- i i i i i i • • i

none prescribed, are and shall be liable to such reasonable penalties or punishments as
the Court of Magistrates duely weighing the nature of the offence,
with the circumstances, shall judge meet.

THIRDLY, THE COURT OF SELECTMEN.

For prevention of unnecessary charge and travail to the Country,
and incumbrance to other Courts, by small causes ;
Selectmen, how It is Ordered, &c. That three or five fit men be Annually chosen
by papers, out of the Freemen in each Township in this Government,
and presented at Election Court, who being approved by the Magis-
trates as Select-men and sworn, to the faithful discharge of their
trust ; shall have power to hear and determine, by their best discre-
tion, according to the Law here established, all causes, wherein either
party is an Inhabitant of their Town, and the Debt, Trespass or
Damage, doth not exceed forty shillings, and have hereby power to
send for Parties, and Witnesses by Summons, which may be served
by the party, or attachments directed to the Constable, as the case
may require ; as also to administer Oathes to Witnesses, and also to
grant Execution for the Leavying of such Debts, or Damages, for
the use of the person damnified.

chosen, &c.

PART III.] COLONY OF NEW PLYMOUTH. 261

2. And if the party beino; leeally Summoned, do not appear to When the de-

, T^, ..„,„?, ,. , ,. . , fendant does not

answer, the Plaintiffe shall notwithstanding have his action proceed, appear, the action

&c. as it is in that case for other Courts before provided: see tit.

Actions.

But where the party shall be Attached, and refuse to give Bond
for his appearance, or being Sentenced, refuse to give satisfaction,
and no Goods appear in the same Town where the party dwells, the
Select men may then charge the Constable with the party, to carry
him before a Magistrate to be forthwith proceeded with according to
Law, and not by the Select men, to be committed to prison in any
case.

3. And where any of the three select men may be party in the When two of the

• 1 I 1 r /^i I • 'i I selectmen may

case, or absent, by an unavoidable act of Gods providence, then the try actions,
other two are impowred to issue the case, or the other Select men
where th'.^re is no Magistrate ; and the Select men to have three
shillings of the Plaintiffe for every case they or any two of them where
there is but three agree to give verdict upon.

And that henceforth no Debt or Action proper to their cognizance
be received, (except in cases of Defamation or Battery) into any
other Court but by appeal.

Liberty of appeal to the next Court of Assistants, being hereby Appeals, &c.
granted to the grieved party, either before or after one review of his
case ; provided he tender his Appeal, and put in Security before the
Select men or one of them, to prosecute his Appeal to effect, and
to satisfie all damages before Execution is granted, which shall not be
till twelve hours after .Judgement.

4. It is further Ordered, That all appeals with the security as How appeals
aforesaid, shall be Recorded at the charge of the party Appealing, ed, »fec.
and certified unto the Court to which they are made, together with

all the Testimonies according to which they gave in their Verdict,
and the Court Appealed to, shall judge according to those Testimo-
nies and no other ; and if they finde matter of Fact and Judgement
according to Law with the other Court, they shall not revoke the
Sentence or Judgement, but abate or increase damages as shall be
judged right.

And that any of the Magistrates or Selectmen where no Magis-
tiate is, at the Appealants, request, grant a Precept for the Defend-
ants appearance at the Court Appealed to ; And if such Appealment
do not prosecute his Appeal to effect according to Law, shall besides
his Bond to the party forfeit forty shillings fine to the Country for
such neglect.

It is further Ordered, That the Select men shall also hear and de-

262 LAWS OF THE [PART III.

What cases the termine any Difference, Debt or Damage whatsoever arising between
determine. any of the English in their Town, and any of the Indians, except

matters of a Capital or Criminal Nature, and title of Land: Liberty
also being granted to any of them grieved at the Sentence there pass-
ed, to Appeal to the next Court of Assistants, and to be directed
therein by the Select men.

CHAPTER VI.

PRESENTMENTS, INDICTMENTS, JURORS AND JURIES.

Presentments and It is Ordered by this Court, That no person shall be Indited,
mluie w'iihin°one Presented or Informed against to any Court or Magistrate within this
year, except— Jurisdiction for the breach of any penal Law, or any other misde-
meanour, the forfeiture whereof belongs to the Country, unless the
said Indictment or Information, &c. be made and exhibited within
one year after the offence be committed or else to be void and of
none effect ; provided alwayes this Law shall not extend to any Cap-
ital Offences, or any crimes that may concern loss of Member or
Banishment, or to any Felonies above twenty shillings.

Nor shall it hinder any persons grieved for any wrong done to him,

his Wife, Children or Servants, or Estate, real or personal, but that

every such person shall have such remedies as formerly he might or

ought to have.

Persons indicted 2. It is Ordered ; That if any person shall be Indicted of, or le-

toVa^ve the*ir'pro- g^^'j (^barged with any Capital crime, (who is not then in durance,

&r^ mi'ies's^iie ^"'^' ^''^'^ withdraw or reftise to render his person to some Magistrate

surrender them- q,. Officer in this Jurisdiction, within one month after three Proclam-

selves.

ations made publickly in the Town where he did formerly usually
abide, their being a full Moneth betwixt Proclamation and Proclam-
ation ; his Lands and Goods shall be seized to the use of the Juris-
diction (and Ordered witli due respect to his family, as the Court of
Magistrates shall judge meet) till he make his lawful appearance ;
and such withdrawing of himself shall be and stand instead of one
Witness to prove the crime charged, unless he can make it appear
to the Court, that he was necessarily hindred.

JURORS AND JURIES.

Grand jurors, It is Enacted by the Court and the Authority thereof ; That a

e'mpamieUe'd.^" Grand Incjuest of able and discreet men be Impannelled by the Gov-

ernour and Assistants, which are to be chosen out of the several

Towneships of this Government, as by Warrant shall be directed to

PART III.] COLONY OF NEW PLYMOUTH. 263

them, to serve his Majesty by inquiring into, and preventing the
breacli of such wholesome Laws and Ordinances as are or shall be
here established, and all such misdemeanours as manifestly tend to Their duty,
the hurt and detriment of Religion, Civility, Peace, society or neigh-
bourhood they shall know or be informed of, upon the Testimony of
any one or more Witnesses upon Oath, to be committed by any per-
son or persons within this Jurisdiction, and to do any other service
which shall on His Majesties behalf be required of them at such
Courts and times as shall by Warrant from the Governour or Magis-
trates be required of them ; Provided no person whatsoever, shall be
bound to Inform, Present, or Reveal any private Crime or Offence,
wherein there is no peril or danger to this Colony, or any Member
thereof, when any necessary tye of Conscience binds him to secre-
tie : unless it be in Testimonies lawfully required of them.

And every Grand-juror shall be allowed by their respective Towns Fees.
two shillings sixpence a day, for their time and charge whilest they
attend any of the several Courts, except the Courts of Election
whereat they are presented to be sworn.

And that such as refuse to serve on the Grand Inquest, being or- Penalty for not

serving.

derly chosen, shall be fined forty shillings to the Colonies use, and
such as shall absent themselves from attending their service at any of
the Courts, they shall be warned unto, shall be fined ten shillings un-
less they give sufficient reason for such their absence.

2. That Petty Juries be summoned by the Governour, or some Petit jurors how

, r I -\T ■ I /^ 1 • • empanuelled and

other of the Magistrates at such Courts as their may be occasion, swom.
and be impannelled and swore truely to try between party and party,
and shall finde the matter of fact wiih the damages and cost, accord-
ing to their evidence, or truely to try between our Sovereign Lord
the King, and any Prisoner brought to the Bar, and the Judges shall
declare the Sentence, or direct the Jury to finde according to Law ;
and in all cases wherein the Law is obscure, so as the Jury cannot
be satisfied therein, they have liberty to present a special Verdict, viz.
If the Law be so in such a point we finde for the Plainliffe, but if the May give a spe-
Law be otherwise, we finde for the Defendant, in which case the
determination doth propeily belong to the Court. And all Jurors
shall have liberty in matters of fact, if they cannot finde the main is-
sue, yet to finde and present in their Verdict so much as they can ;
the Foremans allowance being one shilling ; and sixpence a piece to
the rest of the Jurors for every Action that stands entred after they
are sworn.

264 LAWS OF THE [PART III.

CHAPTER VII.

CONSTABLES.

Constables chos- It is Enacted by the Court &c. That in every town in this Gov-
ernment, shall be annually chosen one or more fit men for Consta-
bles ; whose Names shall by the Deputies of the Towns, be returned
to the Election Court, and shall there, or within a week after the
Court present himself to a Magistrate to take oath.

Penalty for refus- 2. That whosoever be chosen to the office of a Constable, dolh
refuse to serve therein, or will not take the Oath appertaining to that
office, he shall be amerced the sum of four pounds, the one half to
the Colony, and the other half lo the publick use of the Town where
he dwells ; and the Town forthwith to chuse another.

None compelled 3^ ^^jj because a Constables place, though a place of trust, is also

to serve as con- i ^ c> i ?

stable ofteiier burthensome ;

than once in sev'-

en years. It is Ordered ; That if any man have borne the Office of a Con-

stable, he shall not be compelled to serve in the same Office, in the
same Town, nor any other in this Government, to which he may
remove, in seaven years after ; and that all Constable shall be freed
from Training, and Military Watches.

Constable may 4. That if any Constable within this Government, have occasion

appoint a dejjuly.

to go out of the Town-ship wherein he is Constable, for some time,
he shall have power to depute, and by due satisfaction procure
another meet person in his stead, as his Deputy, who shall execute
the Constables place during his absence, as effectually as he himself
might do ; provided that the person whom he so deputeth, be not one
that hath served in the place within two years before, except he be
willing ; And in case any Constable shall neglect to provide and depute
one in his stead, as aforesaid, to forfeit ten shillings for every default.
To collect rates 5. That the gathering of Country Rates, Town Rates, Ministers

and fines, and i 1 % • r i^ • } -m

serve summonses. Rates, also the leavying ol fines m the respective Lowns, and serve-
ing of Executions, by Warrant from any Lawful Authority here es-
tablished, shall belong unto the Office of a Constable, together with
the serving of such other Warrants and Summons, as shall be by the
said Authority directed by him ; and shall have twelve pence for
serving a Summons, two shillings sixpence for serving an Attach-
ment, in hand to be paid by the PlaintifFe, and returned again unto
him by the Constable in case he fail in serving thereof.

PART III.] COLONY OF NEW PLYMOUTH. 265

MARSHALS AND CONSTABLES DIRECTIONS.

6. That Justice may be the better Executed, the Jurisdictions officer first to
occasions carried on, and that the Marshal and other Officers may and in case of'
know how to demean themselves in their places ; "of eize property.

It is Ordered ; That in case of Rates and Fines to be leavied,
and in case of Debts and Executions in Civil Actions, the Officer
shall first demand the Sum due of the party or at his house or place
of usual abode, but upon refusal or non-payment, he shall have pow-
er to leavie the same upon any Goods liable to such Leavie or
Execution wheresoever it shall be ; and if he be to take the person
he may do the like, if upon demand he shall refuse to render himself:
And whatsoever charges the Officer in any such case shall necessar-
ily be put unto, in leavying or transporting the Goods or Matters
leavied unto the Treasurer or party concerned, who is to receive
the same, he shall leavie the said Charges also, as he doth the Debt,
Assessment or Fine ; Provided it shall not be lawful for any such Goods exempt
Officer to leavie any mans necessary Bedding, Apparel, Tools, on execution.
Arms or such Implements of Household stufFe as serve for his ne-
cessity, without express direction from the Court or some one of
the Magistrates ; But in such case he shall leavie his Land or Person
according to Law ; and in no case shall the Officer be put to seek
out any mans Estate further than his place of abode, but if the party
will not, or doth not discover his Goods, or Lands to a sufficient
value, the Officer may take his person, who shall be kept in durance
at his own charge till he make discovery of his Estate to satisfie th©
same, if he be solvent, but if he be insolvent, then at the Creditors
charge.

And it is also Ordered ; That if any Officer shall do injury to Officer doing
any by colour of his Office, in these or any other cases, he shall be ^'tis"ilction.
liable to make restitution, upon complaint by Action or Information.

And it is further Ordered, That the Constable or other Officer
that shall not faithfully Collect such Rates, Assessments, Fines, or
Debts and Dues, as shall from time to time be committed to him,
or required of him by order of any lawful Authority here established,
or that shall not attend his Order, to pay or deliver the same so Col-
lected unto the Treasurer, or any other person or persons concerned
therein, he shall be liable to make good all the damages that comes
thereby unto the party or parties wronged, and to suffer such pun-
ishment by fine to the Country according to the trespass.

7. It is Ordered by this Court and the Authority thereof; That Constables to

■' _ J ' punish by whip-

the Constable shall whip or punish any to be punished by Order of P'"? when or-
34

266

LAWS OF THE

[part III.

To receive and
convey offenders.

General powers
of constables.

Penalty for re-
fusing to assist
the marshal or
constable.

Constables di-
rected to have a
black staff.

Authority, (Where there is not another Officer appointed to do it)
in their own Towns, unless they can get another to do it.

8. It is further Ordered ; That any and every person tendered to
any Constable of this Jurisdiction, by any Constable or other Officer
of our own, or belonging to any forreign Jurisdiction in this Country
or by Warrant from any such Authority, shall be presently received
and conveyed forwith from Constable to Constable till they be
brought to the place to which they are sent, or before some Mag-
istrate of this Jurisdiction, who shall dispose of them as the
justice of the cause shall require ; And all Hues and cries shall be
duely received and diligently pursued to full effect : and where no
Magistrate is near every Constable shall have full power, to make,
signe, and put forth Pursuits or Hues and cries after Murtherers,
Man-Slayers, Peace-breakers, Thieves, Robbers, Burglarers, and
other Capital Offenders ; as also to Apprehend without Warrant,
such as are overtaken with Drink, Swearing, Sabbath-breaking, Va-
grant Persons, Night-walkers, provided they be taken in the manner,
either by the sight of the Constable, or by present information by
others : As also to make search for all such persons, either on the
Sabbath day or otlier, when there shall be occasion, in all Houses
Licensed to cell either Beer or Wine ; or in any other suspected or
disordered places, and those to Apprehend and keep, in safe Custody
till opportunity serve to bring them before one of the next Mages-
trates to further Exan)ination, provided, when any Constable is im-
ployed by any of the Magistrates for Apprehending of any person,
he shall not do it widiout Warrant in Writeing : And if any person
shall refuse to Assist any Constable or Marshal, in the execution of
his office, in any of the things aforementioned, or otherwise as occa-
sion shall require, being by him required thereto, they shall pay for
neglect thereof ten shillings to the use of the Country, to be leavied
by Warrant from any Magistrate, before whom any such Offender
shall be brought ; and if it appear by Good Testimony, that any
shall wilfully, obstinately and contemptuously refuse or neglect to
Assist any Constable, as is before expressed, he shall pay to the use
of the Country forty shillings.

And that no man may plead Ignorance for such neglect or refusal;

It is Ordered, That every Constable shall have a Black staffe
tipped with Brasse, as a Badge of his Office, which as he hath op-
portunity, he shall take with him when he goeth to discharge any part
of his Office, yet notwithstanding, the want of his Staffe shall not
hinder him from Executing his Office in any kinde, if occasionally

PART III.] COLONY OF NEW PLYMOUTH. 267

he be without it, nor exempt any from assisting him therein, that
may know him to be the Constable.

And if any Magistrate, Constable, or other, upon urgent occasion, Penalty for not

... , • TT raising line and

shall retuse to do their best endeavor, m raising and prosecuting Hues cry on urgent oc-
and cries by foot, and if need be by Horse, after such as have com-
mitted Capital Crimes, they shall forfeit for every such offence to
the use aforesaid, forty shillings.

9. It is Ordered &c. That the Constables in their respective Constables to
Townships, shall warn Town-meetings of their Inhabitants, as they mgs.

shall receive Order from any of the Magistrates, Select-men or
Deputies of their Towns upon any due occasion to them seeming
for such Town-meetings, in pain of twenty shillings for his neglect.

It is Ordered that three or five men be chosen in each Township The towns to

c T • T ■ ,- . , lA T-» choose assessors.

01 this Jurisdiction, by papers, to make Assessments or Kates upon

all the Inhabitants of their Town, as there shall be need or occasion,

for defraying of the publick charge of the Country, or the particular

charges arising in their Townships, according to Order of Court in

such case provided, or for leavying any fine laid upon the Town,

and if the Inhabitants of the Town do not come together upon the Penalty fomeg-

Constables warning, and chose Raters, the Town shall forfeit five '^'^^'

pounds to the Countries use.

And if the Raters so Elected, do not make such Rates committed Penalty for neg-
and ordered to them to be made, and transcribe and deliver or cause rates."
to be delivered a fair copy thereof to their Constable, within four-
teen dayes or sooner if the occasion shall require, shall forfeit twenty
shillings a piece, and if their neglect be mingled with Contempt, forty
shillings a piece to the Country.

And it is further Ordered, That the Court or' any two of the
Magistrates may, as need shall require, upon defect of any Towns
choosing Raters, or the Raters neglect to make such Rates, as by
Order of Court are committed to them, make choice of three men
to make such Rate.

10. It is also Ordered, &c. That the Constable is impowered to Fees for distress
make distress on the Goods of such as neglect to pay their part of

any such Rates as aforesaid, in unto hiin or his Order in the Town-
ship, and to have one shilling for such distress : And if he cannot
get in all the Rates, Assessments, committed to him during the time
of his Office, he shall notwithstanding the expiration of his Office,
have power with the Assistance of the next Constable to leavie by
distress all such Rates and leavies.

11. And in case the Constable neglect to gather in any of the said Penalty for not
Rates, within forty dayes next after he hath the said Rate, or sooner

268 LAWS OF THE [PART III.

upon special occasion, he shall be liable to pay it himself, and to be
Recovered by Suit or distraint on his goods, especially for such
Rates as are not gathered and brought in to the Treasurers Order,
according to the time mentioned in his Warrant ; which if the Treas-
urer neglect, he shall be answerable to the Country for the same ;
And if the Constable be not able to make payment, It shall be law-
full for the Treasurer to distreyne for all Arrearages of Rates and
Leavyes any man or men of that Town where the Constables are
unable, and that man or men upon request to the Court, shall have
Order to collect the same again equally of the Town with his just
damage for the same.

12. And for the more equal and ready way of raising means for
defraying necessary and publick charges of all sorts ;
Rules for making It is Ordered that all Rates and Assessments shall be equally pro-
portioned by the Raters, according to each mans different personal
Abilities, Faculties and Estates, both personal and real, being or
reputed to be the Estate of each person in the same Town, or other-
wise under their Custody or Managing, according to the just valua-
tions as near as may be viz. Lands improved by Plough or Hough,
or by cutting and taking of Timber from it or Renting it, and all
Meadow Lands, and Cattel of all sorts, Mills, Ships, Barques, Ketch-
es, and other Vessels, Merchantable Goods and other known Estate
whatsoever, (Household-stuffe and Goods of that kinde, provided
and kept for that use and not for Trade, onely excepted.)

And for incouraging of Traffick ;

It is Ordered, That Barques Ketches and other Vessels, with

what Stock is imployed in TrafRck at home and abroad, shall be

Rated but at the" one half of their value.

Constable and se- 13. It is Enacted by the Court; That the Select men and the

aftemi"ch as sleep Constable or his Deputy in each respective Town in this Govern-

meetr/g-t'o^iTsVon mcnt, shall diligently look after such as sleep or play about the Meet-

the Lord's day. j^^g house, in times of the public Worship of God on the Lords-day,

and take notice of their Names, and return such of them to the Court,

who do not after warning given to them reform ; as also such as

practise unnecessary violent Riding on the Lords-day.

CHAPTER VIII.

MINISTERS MAINTENANCE.

Whereas this General Court taking into their serious consideration,
the great defect that either is or would be in any Townships of this

PART III.] COLONY OF NEW PLYMOUTH. 269

Jurisdiction, where there is wanting an Able, Godly, Teaching Min-
istry, and the great prejudice to the souls of many like to ensue, and
being desirous according to our duties, that such defects should not
be, for want of due incouragement to such as either are, or shall be
imployed in so good a work of the Lord ; And in consideration of
the several Townships granted by the Court were so accommodated,
as that they might receive such a number of families as might com-
fortably maintain the publick worship of God there ; do therefore
judge, that the whole, both Church and Town are mutually ingaged
to support the same ;

And do therefore Order and Decree, That in whatsoever Town- Ministers, how
ship there is or shall be an Able, Godly, Teaching Ministry, which is ^"PP°' ^
approved by this Government, that there three or four men be chosen
by the Inhabitants, or in case of their neglect, by any three or more
of the Magistrates, to make an equal and just Proportion or Rate
upon the Inhabitants, according to their Estates and Abilities, to
make such convenient maintenance for his comfortable attendance on
his work, as shall be agreed upon by the Church in each Township
where any is, with the concurance of the rest of the Inhabitants, if it
may be had, or by the Magistrates aforesaid, in case of their apparent
neglect ; And that distress be made by the Constable as in other just
cases, upon such as refuse or neglect to pay such their due propor-
tions: But in case any Town either by a free contribution, or other
good and honourable way, do effect the end aforementioned, this
Law not to be binding to them.

And forasmuch as it appeareth to be greatly inconvenient, that the
Ministers should be troubled to gather in the Rates for their mainte-
nance, and it may be an occasion to prejudice some persons against
them or their ministry ;

It is Ordered by this Court, That at June Court yearly, two meet Who lo collect

1 m 1 -111 • 1 /-. 1 T ^'i6 minister's

persons m each lown be appointed by the said Court, unless the salary.
Towns have provided, and do present them, who shall take care of
gathering in their Ministers maintenance for that year, by insiting the
people to their duty in that respect, demanding it when due, and if
need be by procuring distraint upon the Estate of any that shall ne-
glect or refuse to pay their Rates or Proportions towards his support,
and in case any Minister make scruple to receive what is so raised,
it shall nevertheless be gathered as abovesaid, and be disposed as the
Court shall order or advise for the good of the place.

Whereas it hath been and is the pious care, and true intent of this
Court, that all such Plantations and Townships as are by them grant-
ed, should maintain the publick Sabbath Worship of God, and the

270 LAWS OF THE [PART III.

preaching of the Word, and do to that end afford them such propor-
tions of Land as may accommodate such a society as may be able to
maintain the same, and yet through the corruption or sinful negli-
gence of many, or most of the Inhabitants of some Plantations, they
do or may content themselves to live without the Ministry of the
Word, to the great dishonour of God, and danger of their Souls ;
and there being great reason to fear that many may be acted therein
by worldly and covetous principles ;
The General It is therefore Enacted by this Court, &c. That in such Plantations

Court 11133' ''""■ J rn i • i i\,i- • • • i- • ii t •

pose a tax upon and iowusliips, Where no Mmister is residing, especially it it appear

supporrof the "^ ^^^^^ ^^^^ geuerallity of the Inhabitants are remiss in the obtaining one ;

neHecuH '"'^'^ ^^^ General Court may and shall henceforth yearly impose a certain

sum to be raised by Rate, upon the Inhabitants of such Plantations

or Townships, which shall be kept as a stock for building a Meeting

house, and for incouragement of a Minister to labour amongst them,

or other such pious use as the Court may improve it in for their good,

No pubtic meet- 2. And it is Enacted by this Court and Authority thereof, That

waho°ui ihe^ap-"'' "o publick meeting be set up within this Government, but such as

CourT'°" °^ "'^ ^^^^ Court shall approve of; wherein they shall have special care,

that they allow such only as are Orthodox in the Fundamentals of

Religion, and in such places as it may not be destructive, nor too

much prejudicial to any already approved.

EDUCATION OF CHILDREN.

Forasmuch as the good Education of Children and Youth, is ol
singular use and benefit to aiiy Common-wealth ; and whereas many
Parents and Masters either through an over respect to their own oc-
casions and business, or not duely considering the good of their Chil-
dren and Servants, have loo much neglected their duty in their
Education, whilest they are young and capable of Learning ;
Deputies and se- It is Ordered, That the Deputies and Select men of every Town,
town'To ^ncom-- shall liave a vigilant eye from to time over their Brethren and Neigh-
age education, j^Qurs, to SCO that all Parents and Masters do duely Endeavour, by
themselves or others, to teach their children and servants as they grow
capable, so much learning as through the blessing of God they may
attain, at least to be able duely to read the Scriptures, and other good
profitable Books printed in the English Tongue (being their Native
Language) and the knowledge of the Capital Laws, and in some
competent measure to understand the main Grounds and Principles of
Christian Religion, necessary to Salvation, by causing them to learn
some short Orthodox Catechisme without Book, or otherwise in-
structing them as they may be able to give a due answer to such plain

PART III.] COLONY OF NEW PLYMOUTH. 271

and ordinary Questions, as may by tlieni or others be propounded to
them concerning the same: And further that all Parents and Masters
do breed and bring up their children and apprentices in some honest
lawful calling, labour or employment, that may be profitable for them-
selves, or the Country ; and if after warning and admonition given by
any of the Deputies, or Select-men, unto such Parents or Masters,
they shall still remain negligent in their duty, in any the particulars
aforementioned, whereby Children or Servants may be in danger to
grow Barberous, Rude or Stubborn, and so prove Pests instead of
Blessings to the Country ; That then a fine of ten shillings shall be
levied on the Goods of such negligent Parent or Master, to the Towns
use, except extreme poverty call for mitigation of the said fine.

And if in three months after that, there be no due care taken and Penally for neg-

1 /- ^, -1-1 , . c 11-11 1 • lectin}; the educa-

continued, lor the Jl,ducation oi such children and apprentices as tion of children,
aforesaid, then a fine of twenty shillings to be levied on such Delin-
quents Goods, to the Towns use, except as aforesaid.

And Lastly, if in three months after that, there be no due Re- Selectmen or any

f. . p, ., •11-11 '"" niagistraies

lormation ot the said neglect, then the said Select-men with the help may bind out
of two Magistrates, shall take such children and servants from them, education is neg-
and place them with some Masters for years, (boyes till they come ^^^^'^'
to twenty-one, and girls eighteen years of age) which will more
strictly educate and govern them according to the rules of this Order.
2. For maintaining a Free School, vide The profits of Fishing at
Cape Cod. Chap. 11. Numb. 6.

MISPENDING OF TIME.

It is Enacted by this Court, &c. That no Person, House-holder The selectmen to
or other, shall spend his time idly and unprofitably, under pain of such "fTudi 11x1°^
punishment as the Court or Assistants shall think meet to inflict: ""^'
And the Select Men of the several Towns are hereby required to
give in a list of the names of such as mispend their time, whether
House-holders or others ; and of all single persons that live from un-
der Family Government, or will not be Governed by their Parents
or Masters where they live, that so the Court may proceed with them
as the case may require.

MARRIAGES, BIRTHS AND BURIALS, TO BE REGISTRED.

It is also Enacted, &c. That the Town Clerk in every Town in Register to be
this Government, shall keep a Register of the day and year of the Hages%irL"aad
Marriage, Birth and Burial of every man, woman and childe in that ^""^'*-
Township, and shall have for the Registring three pence a piece ;
And if any Father or Mother or person next in Relation, do neglect

272 LAWS OF THE [PART III.

to give an account to the Town Clerk, of the Name, and Birth day
of their childe within one month after it is born, he or they shall be
amerced for such neglect three shillings, one half to the Colony, and
the other half to the Town Clerk that complainelh of it.
To be exhibited And whosoevcr shall neglect to give in their names, and the day

annually at . . T ^

March Court. of their Marriage to the said Town Clark, within one month after
they were Married, shall forfeit for their neglect three shillings as
abovesaid ; in like manner shall any Head of a Family, that neglects
to give an account of any that are Buried out of their Family within
a month. And the Town Clerk or Register keeper of every Town,
shall exhibit a true and perfect copy unto March Court annually, of
all the Marriages, Births and Burials of the year past; And lastly,

Town clerk to That the Town Clerk, shall publish all Contracts of Marriages in the

riages. Town, and shall have twelve pence as his Fee, for every such Or-

derly Publication.

How to be pub- 2. And for prevention of unlawful Marriages ; It is Ordered, That

lishccl.

no person shall be joyned in Marriage, before the intention of the
parties proceeding therein hath been published three times at some
publick meeting, in the Towns where the parties or either of them
do ordinarily reside, or by setting up in writeing, upon some Post of
their Meeting house door in publick view, there to stand as it may be
easily read, by the space of fourteen dayes.
None under GOV- 3. That none shall be allowed to Marry that are under the Covert
&c., allowed 'to of Parents, Guardians, Masters, or Overseers, without their consent

marry without j i ,•

fcir consent. ^ud approbation.

None shall invei- And whosoevcr shall inveagle or endeavour to steal the AfFec-

affecUon's^of any tions of any mans Daughter, Pupil or Maid-servant without his con-

eir without con- ^^^^ ^^ leave, he shall be punished by fine, so it extend not five

sent of, &c. pounds, or by corporal punishment at discretion of the Bench and

according to the nature of the offence. But if a meet Marriage be

orderly proposed, and any master or guardian, out of any sinister end,

or covetous desire, will not upon reasonable tearms suffer it to be ; it

shall be in the power of the two next Magistrates, upon complaint,

to hear and determine the case as they judge equal between both

parties.

4. And as the Ordinance of Marriage is honourable amongst all,
so should it be accordingly solemized ;
Who may sol- It is therefore Ordered, &c. That no person in this Jurisdiction,

shall joyne any persons together in Marriage but the Magistrate, or
such other as the Court shall authorize in such place where no Ma-
gistrate is near, nor shall any joyn themselves in Marriage, but before
some Magistrate, or person authorized as aforesaid ; nor shall any

cnnnize mar-
riasrcs.

PART III.] COLONY OF NEW PLYMOUTH. 273

Magistrate, or other person to be authorized, joyn or suffer any to
joyne together in Marriage in their presence, before such persons
Publication according to Law.

5. And that no man sliall strike his Wife or any Woman her Hus- No man lo strike

his wile nor wo-

band, on penahy of such fine, not exceeding ten pounds for one of- man her husband,
fence, or such suitable corporal punishment as the Court shall deter-
mine.

CHAPTER IX.

TOWN AFFAIRES.

It is Enacted, &c. That every Town-ship in this Government, Every town may

make such orders

shall have liberty and power to meet together, and make such Town as are necessary
Orders in prudential matters as they shall finde needful ; and also to affairs.
make such Rates and Assessments as they have occasion for ; Pro-
vided, that no Town Order do infringe or be repugnant unto any Or-
der of this Court.

2. That none be allowed to be House keepers, or build any cot- Who shall be ai-
tage or dwelling house, until they have allowance of the Governour, house-keepers,
some Magistrate, or the Select men of that Town ; and that a spe-

ceal care be taken, that no single person that is of evil conversation,
or hath not Arms to serve the Country, be suffered to keep such
house or live alone ; And if upon due warning, such person do not
put himself into some well Governed Family, it shall be in the power
of the next Magistrate, or the Select men of the Town where he
lives, to put him to service.

3. That if any person, whether Master of any Vessel or other, Whoever bring-s

... . „ 7-,, • • I • /-, any person into

do bring in any into any iown or Plantation in this Government, town likely to be-
without the approbation of the said Town or Townsmen, or do en- shaff give securi-
tertain or receive any that come in, and are not so allowed, but are '-^ ^ ere or.
at the time of their comeing, or within a month after excepted against
by the Constable or some one of the Select men of the Town, he
or they that so bring in, or entertain any such persons likely to
be burthensome or chargeable, shall either carry them away again, so
as to free the Town of them, or give security to free the said Town
from charge concerning him, whilest he is there resident.

But if any man bring in an apprentise or covenant servant for
years, that is at present sound and well. Bonds shall not be required
of such Master, but if his servant fall sick or lame, he shall be main-
tained by his Masters particular charge, during the date of his Inden-
tures or Covenant, but shall afterwards be relieved by the Town.
35

274 LAWS OF THE [PART III.

Poor children to 4. That every Town in this Government shall maintain their own
poor ; And if any that have relief from any Town, do not imploy
their children as they ought towards the getting of a livelihood ; or if
there be any other family that cannot or doth not provide competent-
ly for their children, whereby they are exposed to want and extremi-
ty, It shall be in the power of the Select men of each Town, to
place out such children into good families where they may be better
brought up and provided for.

Towns liable to 5, That if any person come to live in any Town in this Govern-

support such per- . . 1 t l • 1

sons as have lived mcnt, and be there received and entertained three months, 11 by sick-

within their limits 1 i-i i i- r 1 1 n i,

three months un- ncss, lamcness or the like, he comes to want rehet, he shall be pro-
been warned out. vided for by that Town wherein he was so long entertained, and shall
be reputed their proper charge, unless such person have within the said
three months been warned by the Constable, or some one or more
of the Select men of that Town, not there to abide without leave
first obtained of the Town, and certifie the same to the next Court
of Assistants, who shall otherwise order the person or charge arising
about him, according to justice.
But such as are Q. But if any children or elder persons shall be sent, or come

sent to nurse, 11 1 •

school, &c., shall from One Town to another, to be nursed, schooled, or otherwise

be relieved liy the t-« i 1 t-»i • • /-u 1 1 r i-

town whence Ji,ducated, or to a Jrhysilian or Chyrurgeon to be cured 01 any dis-
eycame. ease or wound, &c. if such come to stand in need of relief, they

shall be relieved and maintained by the Township whence they came,
and not by that Township where they are so nursed, educated or at
cure ; And in case they come or be sent from any place out of this
Colony; then if the Nurse, Educator, Physition or Chyrurgeon do
not take good security to discharge the Town wherein he lives from
all cost and charge, which shall or may befal concerning them, he
that so received them shall be the Towns security in their behalf.

None shall come 7. That uo person shall come into any Town or Peculiar in this

to dwell in any ^, ,. 1 • 1 1 • • 1 11 1 i •

town without Government to live and inhabitant, witliout tlie leave and approbation

^^^^' of the Governour and two of the Assistants at the least.

Penally for re- 8. That whosoever being resident within this Government, shall

oath of fidelity, refuse to take the Oath of Fidelity, being orderly called thereunto,

either by the Constable or any Magistrate ; or the Select men where

he dvvels, he shall be amerced to the Colonies use, in the sum of five

pounds, which if he cannot or will not pay he siiall be punished by

Imprisonment or otherwise as the Court shall order.

A good and sufTi- 9. It is Ordered, &c. That in every Township of this Govern-

b^buiii "in' every ment there shall be a good sufficient Pound from time to time, for

^°^'"' Impounding of such Horses, Cattle or Swine, as trespass any mans

Corn field, or other inclosure. And whosoever impounds any such,

PART III.] COLONY OF NEW PLYMOUTH. . 275

shall give present notice to the owner if he be known, or otherwise
they shall be cryed on the two next Lecture dayes or publick meet-
ings, and if any of them escape out of the Pound, the owner if known
shall pay all damages according to Law. And every person or per- Cattle, how im-
sons having notice given, or otherwise left in writeing at their house,
or place of their usual abode, of any of their Cattle impounded or
otherwise restrained, shall forthwith give satisfaction to the party so
wronged, or otherwise Replevie their Cattle, and prosecute the same
according to Law, upon peril of suffering all the loss and damage that
shall come to their Cattle, by standing in the Pound or other lawful
place of restraint ; But if the owners be not known or found, after
such Beast be cryed as aforesaid, or inquiry made through the gener-
ality of the Town, with notice given to some of the neighbours of
the next Towns, for their occasional inquiry likewise, that the owner
may take notice, make his claim, and pay the damage and charge, and
if yet no owner be found, then after due apprisement by indifferent
men chosen by a Magistrate, or any two of the Selectmen of the
place, and the same Recorded in the Town book, sale to be so far
made that the charges be fully paid, and the remainder kept till the
owner be known, and the rest of the Cattle first mark't to distinguish
them, to be again turned into Woods.

10. That if any shall Heard Cattle, on Lands that are another Whoever herds

" , • 1 1 1 -11 r 1 1 cattle on another

mans m propriety, though not mclosed, and will not lorbear so to do, man's land liable
being warned by the owner or present possessor of such Lands, it
shall be accounted a Trespass Action.

11. Whereas complaint is made, that much Timber is fall'd and Timber cut and

, , , , , , ... , , , not used, lo be

Jet iye and rot on the ground, and not tmiely improved by such as forfeited,
failed it, to the great waste of Timber, and spoile of the Commons ;
It is therefore Enacted by this Court, &c. That whosoever shall
fall any Timber on the Common, and doth not either Square or Rive
it within six months after it is failed, it shall be lawful for any other
of that Town to improve it as they see meet.

12. It is Ordered, &c. That every Town in this Government, Every town to
shall have and keep Baited and well tended two Woolf Traps in fit traps,
seasons, on penalty of five pounds.

That if any Indian do kill a Woolf and bring his Head to the Con- Bounty to Indians
stable in whose Township he killed it, he shall have a Coat of Duf- ""^ ' "1=^0
fils, or fifteen shillings in other pay, by the Town in whose bounds it
was killed ; and if killed in this Jurisdiction, and not within any Town
bounds, then to be paid by the Treasurer.

And if any English kill any Wolves in any Township, and bring Bounty to the
their Heads to the Constable, they shall be paid thirty shillings for paid.'^ ' °^
every such Woolf by the Town wherein they were killed.

276

LAWS OF THE

[part III.

Every town to 13. It is Ordered, &c. That every Town within this Government,

forcorn. shall have a Standard for Measures of Corn, made and sealed by the

General Standard at Plimouth, and that round measures only shall be

allowed.

Millers free from
training and ordi-
nary watching.

Toll, &c.

Toll dishes.

MILLER AND MILLS.

It is Ordered, &c. That all Millers (that is such as are then en-
gaged to the Tendance of a Grist-mill) shall be free from Trainings
and ordinary Watchings.

That no Miller shall take above the sixteenth part of the Corn he
grindes for Toll, and that every Miller shall have alwayes ready in
his Mill Weights and Shoals, provided at his own charge, to weigh
Corn to and from the Mill if men desire it.

That every Miller in this Governmet, shall keep in his Mill, two
Toll Dishes, so made and sealed that one will hold a just Pottle up-
heaped, and the other a Quart upheaped ; and shall pay ten shillings
a month, for what time they use unsealed Toll Dishes, if complained
of.

Casks, of what
guage, &c.

CASK AND COOPERS.

That all Cask made or to be made in this Government, for Beef,
Pork, Fish, Oyle or any sort of Liquor, be made according to the
Assize and Gage of London ; And that they be made of sound and
well seasoned Timber ; and that every Cooper do Brand-mark his
Cask wiih a distinguishing Brand-mark, on penally of the forfeiture
of all Cask that are not so made and marked, the one half to the
Informer, and the other half to the Colony.

LEATHER AND SHOOMAKERS.

Upon consideration of the damage or injury which many sustain by
the ill Tanning of Leather, and by the Slioo-makers ill making it up
into shoos and Boots ;
Sealers ofieather It is by this Court Ordered, That in every Plantation within this

to be appointed. -^ . .. . . . . ,-p, ^, , ... ,.

Jurisdiction, where eitlier i aiiner or fenoo-maker, is imployed in
their Trades, one or two Sealers shall be chosen and appointed as
the occasions require, who shall be under Oaili faithfully (according
to their best ability) to discharge tlieir trust, and shall seal no Leather
but such as they judge sufficiently Tanned, and fit to be wrought out,
and sold in Shoos and Boots. And that every such Plantation shall
have two Seals, to distinguish between good Leather well and suffi-
ciently Tanned, and such as though Tanned enough, is in some other
respect defective, either by over-liming, or for want of being well

PART III.] COLONY OF NEW PLYMOUTH. 277

wrought upon the Beam, or by frost, or hath received some damage
in drying, so that though it may serve for inward or middle soles, yet
not for other uses without damage to the buyer ; all which Leather
so defective, shall be sealed with a different Seal, that it may be
known to be faulty.

But that which is not sufficiently Tanned, shall neither be sealed Penalty for sell-

1 • T-» 11 -11 • 1 I I m 1 A 1 1 ing- leather that is

nor used m Boots and shoos, till it be duely ianned ; And that no not sealed.
Tanner within this Jurisdiction, shall upon any pretence, sell, deliver,
cause or suffer to be delivered, or pass out of his hands or custody,
any Hide or Hides till being fully dry, they be first sealed by the
Officer or Officers thereunto appointed, under the penalty of forfeiting
the said Leather or the value of it to the Plantation where the offence
is committed.

And it is further Ordered, That if any Shooinaker shall use, or Penalty for using

, , X I • -r» --11 c 1 leather that is not

put any unsealed Leather mto Boots or bhoos, or put any ol the sealed,
forementioned faulty Leather, (though sealed as such) in any outward
Soals, or upper Leather, or in any other place which may be hurtful
to the buyer or wearer, or shall use any other way of deceit, in mak-
ing up his ware, he shall make due and full recompence to the person
or persons wronged, and complaining, and shall suffer such further
punishment as his offence, considered with the circumstances shall
require.

And whosoever shall bring Hides from any other parts, and shall Penalty forbring-

,, f , r r, -ci • I • 1 • T • 1- • ing hides from

sell, or use any oi them tor Boots or fehoos within this Jurisdiction, abroad, and sell-
before they be sealed by some Officer here, according to the import "hfy a're' sealed!
of this Order, or shall use them in Boots or Shoos contrary to the
intent thereof; the Hides so sold or used, or the value of them shall
be forfeited to the Plantation where the offence is committed, or such
recompence or fine shall be made or paid (if it be only of ignorance)
as the case may require ; provided that if both buyer and seller be
faulty, they shall pay the forfeit betwixt them. The choosing and
appointing of which aforesaid Sealer or Sealers, the Print or Mark,
which each Plantation shall set upon their Seals, for good or faulty
Leather, with the rate to be allowed for sealing, being left to the
several Plantations.

HIGH-WAVES.

It is ordered, &c. That if any High-way be wanting in any Town- Highways to be
ship of this Government, upon complaint, that then the Governoiir or ^' °"^ y^jury.
any of the Assistants, Impannel a Jury, and upon Oath charge them
to lay out such High-wayes, both for Horse and Foot, as in the best
of their Judgements they shall find most beneficial for the Common-
wealth, and as little prejudicial to particulars as may be: And that

278 LAWS OF THE [PART 111.

all old Foot paths shall be still allowed, except other provision be
orderly made ; And that where there are allowed Foot paths over
any mans ground, which is fenced up, the Owners of such Fences
shall make sufficient stiles or Gates.
Private ways, And where there is necessary use of a particular way to any mans

how laid out. . , ^ r /-^ • i • i i i • • i i

particular ground, lor Carting or otherwise, through his neighbours
Land, where no other way is conveniently to be had, a Jury Impan-
nelled as aforesaid, shall lay it out, as may be convenient for the com-
plainer, and least prejudicial to the Owner of the Land through which
it leads ; Provided still, that the Town or parly concerned, satisfie
such particular men damnified thereby, as two or three men indiffer-
ently chosen by them shall determine, if it be not otherwise provided
for ;

And that care be used to shut up such Gates or Bars allowed to
such wayes that damage may be prevented.
Highways to be And that Common High-wayes be forty foot broad, especially in

forty feet wide. ttt t -r^- /^ i

Wet, Low, Dirty Grounds.
Surveyors of 2. It is also Ordered, &.c. That the Surveyors of High-wayes

thfee^dajVnouce^ shall give three days warning to particular persons, for themselves or
their Teams when they are to ai^iend the High-wayes, as often as
need shall require ; And if any be warned as aforesaid, and shall ne-
glect his duly therein, he shall poy two shillings six pence a day for
himself, and five shillings a day for his Team for every such neglect
to the Towns use, to be leavied by distress on his Goods by War-
rant to the Constable, from any of the Magistrates, or Select-men
where there is no Magistrate near ; to whom the names of such
Delinquents shall be returned by any of the Surveyors.
Penalty for not 3. And that the Surveyor if he see cause, shall hire either Man
pairhin-h'ways. ^Y Team, as occasiou requires for the said work, and to be paid out
of the fines aforesaid ; And that the Surveyors warn not any Man or
Team twice to work on the High-wayes, before they have first gone
over all the Persons and Teams in the said Town-ship as aforesaid.
And that every Surveyor that shall neglect his duty in repairing
the High-wayes, shall forfeit five pounds to the Colonies use.
At what time 4. And that those warned to work on the High-wayes as aforesaid,

work OThi^h- ° shall appear at the place appointed or places by the Surveyors, with
pcYr!^''^" '^'' ^'i*2ir Carts and themselves, fitted with Tools and Implements suitable
to the work, by the hour of nine in the morning, and work till four
at evening, allowing the space of one hour at noon for Refreshment.
Surveyors to ren- 5. And that the Surveyors do at the end of their year, give an ac-

der an account. r i • .- i \ ^ • r .i ii i • .i •

count of their actings, and what monies of the 1 owns may be in their
hands, unto the Selectmen of their respective Towns, or such other
as the Towns shall appoint for that affair.

PART III.] COLONY OF NEW PLYMOUTH. 279

CHAPTER X.

LANDS, INHERITANCE, AND WILLS.

It is Enacted by the Court, &c. That whatsoever Lands have or Lands, how held,
shall be granted by the Court to the respective Town-ships, or to
any particular persons, either by the Court or particular Townships,
shall be held to them, their Heirs, Successors and Assignes for ever,
according to the most free tenor of East Greenwich, in the County
of Kent, in the Realm of England, granted unto us in our Charter or
Patent, and our inheritances to descend according to the tenor thereof.

2. That all Sales, Exchanges, Gifts, Mortgages or other Convey- Conveyances to

be acknowledged

ances of Houses and Lands, shall be acknowledged before some before a magis-
Magistrate, before they be committed to publick Record ; Provided
that all former Conveyances, that were before this Order, shall be
accounted good, notwithstanding they be not, nor cannot be so
acknowledged, being otherwise duely proved.

3. That where Lands and Tenements fall in ioynt partnership, Lands held in

. partnership.

either by a Gift, Grant or Purchase, or otherwise, if a partner dye
before it be divided, the Heirs or Assignes of the Deceased, shall
not be deprived of their right, but shall have his or their proportion
with the survivors, as if division thereof had been formerly made ;
any Provision, Custome or Usage to the contrary notwithstanding.

It is also hereby Provided, That any Partner may sue out a divi-
sion, as he or they may see reason.

4. It is Ordered, That where no Heir, or Owner of Houses, Escheats.
Lands, Tenements, Goods or Chattels can be found, upon the decease

of the late Testator or Proprietor, a true Inventory of every such
Estate, in all the parts and parcels thereof, shall with the first con-
veniency, be duely taken, and a just apprizement made upon Oath,
by fit men there unto appointed by a Magistrate, or in his absence by
the select-men of such Plantation where the said Estate is, and the
whole Estate to be seized to the public Treasmy, till the true Heirs
or Owners shall make due claim thereunto, unto whom the same shall
be restored upon just and reasonable tearms.

5. An Act made July 10th, 1669, for quieting mens Estates and
avoiding suits in Law ;

It is Enacted by the Court and the Authority thereof; That no in what cases

, • 1 ^ r ^ r r ii entry upon lands

person or persons havmg had tor the space or tearm ot ten years tull is barred,
past and expired, any Right or Title of entry into or cause of Action
for any Lands, Tenements or Hereditaments whatsoever, now de-
tained from him or them, shall thereunto Enter or Commence Suit

280 LAWS OF THE [PART Til.

for, but within five years next after the end of this present session of

Court, and at no time after.
Any person hav- And that no person or persons having had for the space or tearme
ofeniry for is" of eighteen years fully past and expired, any Right or Title of Entry

years must claim . ^-^ r k • r rim xt iv

the same within I'lto, Or Cause 01 Action, lor any Lands, ienements or Meredita-
years. nients whatsoever, now detained from him or them, shall thereinto

Enter or Commence for, but within two years next after the end of
this present Session of Court, and at no time after.

None hereafter to And that no person or persons, shall at any time hereafter, make

enter upon land . c^ • r t i m

unless within 15 any Lntry uito, or Commence buit tor any Lands, i enements, or
^me''thpj"ri'°'ht Hereditaments, but within fifteen years next after his or their Right,
cept— ''' ^^' Title or cause of Action, or Suit, which shall hereafter first descend,
fall or accrue to the same, otherwise such Title shall be forever after
barred, and the party or parties claiming, and his and their Heirs
utterly excluded from Entry into the same ; Provided nevertheless,
that if any person or persons which hath or shall have such Right,
Title or Cause of Action be or sliall be at the time of the said Right,
Title or Cause of action first descended, accrued or fallen, within
the age of twenty one years. Feme Covert, non compos mentis,
imprisoned or beyond the Seas, then such person or persons, his or
their Heirs shall or may, notwithstanding the said fifteen years ex-
pired, bring his Action or make his Entry at any time within five
years next after his or their full age, discoverture, coming of sound
minde, enlargement out of Prison, or coming into this Country, take
benefit of, and sue forth the same, and at no time after the said five years.
Those who have It is further Enacted by the Court, &c. That such person or
try for'^sl years"' persons as have had Right or Title of entry into or cause of Action,
it'"to 'be forever^ ^'°'' ^"X Lands, Tenements or Hereditaments, hitherto detained from
^^"^^- him or them, for the space or tearm of twenty years fully past and

compleat, and neglected hitherto, to make his or their Entry, or to
Commence suit for the same, shall be for ever barred, excluded and
utterly disabled from such Entry or Suit to be made, excepting as
in the abovesaid proviso, according as is provided by the Statute of
England, made Anno 21. Jacobi Regis Cap. 16. Entitled An Act
for Limitation of Actions and avoiding Suits in Law.

It having been the usual manner and custome of this Court, as
much as may be to have recourse to the commendable Laws of
England in such case wherein there is no other Law by this Court
provided more suitable to our condition.

WILLS.

Whereas it hath been formerly Ordered by this Court, That all

PART III.] COLONY OF NEW PLYMOUTH. 281

persons having Estate, Read or Personal, being of a competent Age,
Understanding and Memory, may by Will dispose thereof as he sees
cause :

It is also Enacted ; That all such Disposals by Will and Testa- wills must be
ment, shall be Signed and Sealed by the Testator, before one or afj witnessed.
two substantial Witnesses, that may be able to Testifie that it was
his Will, and that he was when he made it in such capacity as is
above expressed.

2. And that such Wills and Testaments be Exhibited and Proved To be proved at

the next court

by such as are to Administer, at the next Court after the death of after the decease

1 m • /■ . 1 11 T r ^ T^ , , of the testator.

the iestator ii it may be, and that a true inventory oi the Instate duly
valued, be then also presented and left in Record with the Will,
before Letters of Administration be granted.

And if any man dyes without Will, his Widow, or such as would Who to adminis-

__•'■' ter on the estate

Administer, shall present an Inventory of the Estate as above, at the of an intestate,
next Court ; And if it be a single person, and one that hath no Re-
lations in the Country, or near the place, that then the Governour or
next Magistrate, appoint soine meet person there to make an Inven-
tory, and present it to the next Court.

3. And inasmuch as some persons may be so suddenly surprized,
that they may not have an opportunity to make a written Will ;

It is Ordered by this Court, &c. That in such case, if any person Nuncupative
do make a Will Nuncupative, or a Verbal disposure of his Lands
and Estate before two good substantial Witnesses, that are neither
Heirs nor Legatees, and they shall within three dayes commit it to
Writing, and at the next Court make Oath unto it, it shall be Re-
corded and accepted as a Will.

4. And if any Married man dietli Intestate, his Widow shall have
one third part of the Rents and Profits of his Lands during her life,
and a third of Goods and ChatteJs, Debts being first paid, at her
dispose.

5. And it is further Enacted, That if any man do make an irra- The court may

rcliGVG th© Wid"

tional and unrighteous Will, whereby he deprives his Wife of her owwhende-

,11, (• I 1 • 1 TTr prived of estate

reasonable allowance lor her subsistency, upon the Womans com- by thewiii of her
plaint it shall be in the power of the Court to relieve her out of the "* ^" •
estate, notwithstanding by Will it were otherwise disposed ; espe-
cially in such case where the Wife brought with her good part of the
Estate in Marriage, or hath by her diligence and industry done her
part in the getting the Estate, and was otherwise well deserving.

6. And it is further Enacted, That when any man dyeth Intestate, What portion of
and leaves divers Children ; the Eldest son shall have a double Por- intestate is ai-
tion with what he hath already received from him of his Estate, both o°w.^ loi ewi -

36

282

LAWS OF THE

[part III.

real and personal, but shall not be Instated in all the Lands, unless
the Court see cause, and the rest of the Children shall inherit as
Copartners, unless the Court upon good ground shall odiervvise dis-
pose.
When lands shall 7. And if any person dye more indebted then their Estate of
for the payment Goods and Chattels can satisfie ; if he have bought Lands in his
life time, to the impairing of his Estate, otherwise such Lands shall
be sold to pay the Debts but not other, further then the Court may
see cause.

CHAPTER XI.

FISHING AND FISH.

Fishing and fowl
ing to be free,
provided, &c.

Whales cast on
shore or found
adrift, to whom
to belong.

That Fishing and Fowling shall be free to all Inhabitants of this
Government, Provided that all Orders from time to time made by
this General Court, for the due Regulating of Fishing and Fowling,
be observed in place or places, wherein special interest and propriety
is justly claimed by the Court or any particular person.

2. Whereas by providence. Whales and other great Fish are
found a drift upon the stream, and sometimes cast ashore in this Ju-
risdiction ;

It is Ordered, That all such Whales as are cast up within the
Bounds of any particular Township, or floating upon the stream,
within a Mile of the Shoar, against the said Bounds of any Town-
ship, shall be accounted the respective Towns falling within their
Bounds as aforesaid, allowing one full Barrel of Merchantable Oyl
to the Country for every such Whale, and but half a Barrel if it be
wasted or torn away after parted, to be delivered to the Treasurers
order at Boston.

And whosoever taketh any Whale on drift at Sea, without those
Bounds and limits abovesaid, and bring them on Shoar, he shall have
the one half, and the Country the other half of the Oyl, and the
Country to allow case for their part of the Oyl.

And whosoever shall fiiide any Whale ashore on the Cape or else-
where, that is oiit of any Towns Bounds, and is on the Countries
Bounds or Limits, shall allow the Country two Hogsheads of Oyl
clear and paid to the Country.

3. Whereas there hath been great inconvenience as is conceived
by taking of Mackrel at unseasonable times, whereby their increase
is greatly diminished ;

PART HI.] COLONY OF NEW PLYMOUTH. 283

This Court doth therefore Order, That henceforth no Mackrel No mackerel

shall be caught

shall be caught, except for spending vvhilest fresh, before the first before tue first of
of July Annually on penalty of loss of the same, the one half to the
Informer, and the other half to the use of the Colony, and this Order
to take place from the twentieth of this instant June.

FISHING AT THE CAPE COD.

4. For the better improving of Fishing for Mackrel at the Cape
with Saynes or Nets ; that the Fish be not wholly destroyed or
driven off the Shoar, with constant Beating and Shooting at them
with their Nets and Saynes ;

It is Ordered by this Court &c. That none shall set. Shoot or Penalty for tak-
hall Sayne on Shore with Mackrel at the Cape, before the fifteenth sems except
day of October yearly, nor after the twentieth of November, on pen- of OcT'and^oth
alty of forfeiting for any Mackrel so taken, without the Compass of ° '''
this time, eight shillings a Barrel to the Colonies use.

And that so good a commodity be not spoiled, nor impaired by
gripple Persons, that only minde their present benefit ; but that it
may be kept sweet and well preserved for a Market, and so kept a
commodity ;

It is further Ordered, That all such Mackrel taken by Saynes or Mackerel caught
Nets at the Cape, shall be there salted up in good sufficient Cask, disposed on"
and not in Lumber, neither on Shoar nor on Board of any Boat,
Barque or other Vessel, on penalty of forfeiting to the Colonies use,
the one half of what is so salted in Lumber and not in tight Casks.

And forasmuch as the Lands where such benefit is made by Fish-
ing with Saynes or Nets, hath been purchased by the Colony and
are truely theirs ;

It is also Ordered, That no Stranger, or such as are no Inhabi- No inhabitant or

r I • /"I 1 11 1 c T 1 r-<i /• stranger allowed

tants 01 this (jovernment, shall make use ot our Lands or Shoar, for to fish at the
Sayning or hailing of Fish, but such as this Court give License to, leave of court,
on penalty of forfeiting all the Fish of any kinde so taken by any
without leave.

And all Strangers that shall be allowed there to Fish as above-
said, whether taken in as partners with any of ours or otherwise,
shall pay unto our Water Baily, or such as the Court shall appoint
to receive it, for the use of this Colony, two shillings for every Bar-
rel, or quantity of a Barrel of Mackrel there caught in such away ;
and such of our own Inhabitants as do so fish there, shall pay one
shilling a Barrel, and all such payments, whether by our own or
Strangers, shall be made in money to the said Baily, or who is ap-
pointed.

284 LAWS OF THE [PART III.

And that peace and good order may be kept by all that fish there,
and that the Colony may not be defrauded of their due by any ;
Persons fishing It is further Ordered, That the Master of any Vessel, that shall

at the Cape to t-<' i

give their names come there to Fish, or some known person of their company, shall
liff and receive a presently upon their arrival there, before they take any Fish, give
under his hand to the Baily or his Deputy, for their peaceable car-
riage there, and their due observance of the Orders of Court con-
cerning their Fishing, who shall there upon give them a Ticket under
his hand for their improving the season as abovesaid : And if any
man do refuse so to do, he or they shall be discharged from making
use of our Land on Shear there, at their peril ; And if any prove
troublesome, or disturb their peace, sell Liquor to the Indians, pro-
phane the Sabbath, or be otherwise disorderly, the Baily or his Dep-
uty is hereby impowered to carry such before the next Magistrate,
who may issue the case, send the Offenders to prison, or take
Bond for their appearance at Court, as he shall see cause, and the
whole charge thereof be born by him or them that do so offend.

And that the Water Baily be under Oath, as other Publick Offi-
cers, as for the faithful discharge of his trust, so for his due and sea-
sonable ordering, and giving an account to the Treasurer for what is
the Colonies upon Fishing account, within one month after the said
voyage is ended, or sooner if it may be.
Six pence to be And for every barrel of Herring at any time caught by Nets, on
barrel"of*^hernng. the said Cape Cod shoar, six pence per barrel be paid by any Inhab-
itant that shall so take them, and twelve pence per barrel by strangers.
Six pence per And whosocver shall take any Basse on the aforesaid shore with

quintal to be paid /-i • • /-^ • t t

forbass. Nets, shall pay to the Colonies use six pence per Quintal, according

to a former Order, and to be paid also in money.
Swine, which 5. And it is Ordered, &c. That if any Swine, belonging to either

trespass upon the t"- 1

fishermen may be English or Indians, do there annoy or trespass such as there 1* ish as
abovesaid, in the Mackrel seasons ; it shall be lawful for any to make
seizure of such Swine, paying one half of the value of such Swine
to the said Baily or his Deputy for the Colonies use.

The profits of the (5. It js also Ordered, That the profit arising to the Colony by the

fishing to be ap- ' • 1 1 • j r

propriated to the aforesaid Fishing at the Cape, shall be imployed and improved lor
school. ° the erecting and maintaining of a Free School in this Government:

The Ordering and Management of which affaire is committed to the
Governour and Assistants, or any four of them as they shall judge
meet ; Provided there be some entrance made in order thereunto be-
fore June Court next ; otherwise the said profits to be Ordered as
that Court shall see cause.

PART III.] COLONY OF NEW PLYMOUTH. 285

CHAPTER XII.

MILLITARY AFFAIRS.

In regard of the many appearances of danger towards the Coun-
try by enemies from abroad, or that may arise within us, Gods prov-
idence having disposed us in this Corner of this Western World, so
far from our Native Prince and People, that we cannot expect that
constant speedy protection and relief that they might otherwise afford
us ; That we may be therefore in the better capacity according to our
power, to defend the interest of God, our Princes interest, and our
own.

It is determined by this Court and the authority thereof ; That A council of war

established.

there shall be at all times a standing Council of War in this Colony,
consisting of the Governour and Assistants, as annually chosen, and
the like number of other trusty and able men, chosen also by the
General Court, and from year to year filled up, if by death removed,
or otherwise any of them may be wanting, or incapacitated to per-
form their trust.

And the Governour or President is hereby impowered by his Who may con-
Summons, to convene the said Council; who being assembled, or of"warrami its
the major part of them, they or any seaven of them concurring, shall ^"' °'^"-^''
have full power to act as a Council of War ; In establishing and com-
missionating of Military Officers, in Pressing of Men, Horses, Ships,
Barques or other Vessels, Arms, Amunition, Provision, Carrages, or
whatsoever else they may judge needfull, for the present expedition ;
And also to raise Moneys by Rate, upon the several Townes, or
Plantations of this Government, according to their several propor-
tions, to defray the charge thereof, and their actings in such a con-
cern to be valid as if done by the General Court of this Colony,
Provided they cross not the articles of confederation between the
Confederate Colonies.

2. And it is Enacted by this Court, &c. That there shall be al- a stock of arms

k, .... -r»,. 1 , 1 1 /^i . and ammunition

ept and mamtained at Plimouth, or where else the Court or to be kept by the

Council of War shall order it, a General or Public Stock of Arms '^°°'^y-
and Amunition, to be improved as the Council of War shall order
for the common safety ; besides which every Town in this Gov-
ernment shall at all times have in readiness in their Town, such a
Stock of Armes and Amunition as the Court have or shall particularly
proportion them, on such penally as in our Court Records is ex-
pressed.

And every man from the age of sixteen years and upwards, shall

286 LAWS OF THE [PART III.

Every male ofiG also be provided with such Arms and Amunition as the Court have

years of ag-e and , • , ■, , . • t-» i

upwards to be determined, upon penalty expressed in our said Book of Records,
arms. '^ "' 3. And for the better Disciplining and Training up of our men in

the use of Arms ;
A general officer It is Enacted bv this Court, &c. That there be at all times a

under tiie title of

major shall be General Officer, under the Title of a Major, or other, who shall

appointed. i /> n i xt i t-< <• i • ^

have command or all tlie Horse and r oot of this Government, ac-
cording to his Commission and Instruction in our Book of Records.
Every town to 4. And that in every Town within this Government, there be

choosecommand-

ers of their own particular Commandci's so chosen and commissioned, as is by Order
of this Court provided, to exercise their respective Companies, six
dayes in the year at least, besides General Musters.

Troop of horse. 5. Concerning the raising of a Troop of Horse, The number to
be raised in the several! Towns, their Priviledge, Duty, and Orders,
The fines of Commanders, and private Souldiers, Horse, or Foot,
and alsoe what are to be accounted serviceable Arms; Concerning
Military Watches, Alarums, &c. See the Old Book of Orders.

Maimed soldiers 6. And it is further Enacted by this Court, &c. That if any man

by the colony"^ '^ be scnt forth as a Souldier, and be so mained in the service, that he
is disabled from following his occasions, he shall be maintained by
the Colony whilest he lives, according to his quality, and the capaci-
ty in which he served ; and when dead, shall have the burial of a
Souldier.

Smiths to mend 7. Be it also Enacted, That no Smith in this Government, who
is able to do it, shall refuse or neglect to amend any Arms brought
unto him for such purpose, he being tendered such currant pay as
for other work ; as he will answer it to the Court.

CHAPTER XIII.

ORDINARIES.

Forasmuch as there is necessary use of Houses of Common En-
tertainment, and of such as Retail Wine, Beer, and Victuals ; yet
because there is so much abuse of that lawful liberty, both by per-
sons that entertain, and by such as are entertained ;

None to keep an Jt is Ordered by diis Court, &c. That none shall keep a Victual-
ordinary without . 1 11 -r, -1 TTT- T» A 1 /^ 1

license. ling house or Ordinary, or shall Retail Wine, Beer, Ale, Cyder, or

Strong waters, &c. but such as are licensed thereunto by the Court
of Magistrates, on penalty of five pounds forfeiture to the Colonies
use, except it be for relief of some sick person, and the Ordinary
keeper hath none.

arms

FART III.] COLONY OF NEW PLYMOUTH. 287

2. And that whosoever is Licensed to keep such pubhck house Ordinaries, how

. . , . . to be provided.

of Entertainment, shall be well provided ot Bedding to entertain
Strangers and Travellers, and shall also have convenient Pasturing
for Horses, and Hay and Provender for their entertainment in the
Winter, and shall not be without good Beer ; and if any Ordinary
keeper do frequently fail in any or all of these, upon complaint, he
shall lose his License.

3. It is further Enacted ; That no In-keeper or Ordinary in this Trice of beer,
Government, shall sell Beer for more than two pence the Ale quart, waters.
upon penalty of three shillings and four pence for every such offence ;

Nor shall any Vintner or Tavern gain more than eight pence upon
the quart, in any Wine or Strong- Waters that they retail, more than
it cost them by the Butte or Cask as they bought, on penalty of
twenty shillings forfeiture for such offence duely proved.

4. Neither shall any Vintner or Ordinary keeper suffer any disor-
der, by excessive drinking, in or at their House ;

It is therefore Ordered, That he that suffers any person to drink Penalty for suf-
fering; persons to
Drunk or to excess in his House, shall be fined for every such of- become drunk in

fence duely proved five shillings ; And he that suffers any Town

dweller, unless it be upon any extraordinary occasion, or publick

imployment, to stay drinking in his House above the space of one

hour, the Ordinary keeper shall be fined two shillings sixpence, and

the Inhabitant so offending one shilling.

5. And it is further Enacted, That no single person, Labourer Nogi„g]gper.
or other, shall be dieted in any Line or Ordinary in the Town to d°eted\n an°ordi-
which he belongeth. "^T^ '" "'*^ ''Zl

o where the}' reside.

And that no Ordinary keeper suffer any Wine or Liquor to be Penalty for seil-

, • 1 • TT 1 T 1 1 • r '"f? wine, &c. on

drawn m his House on the Lords day to any, except m case oi ne- ihe Lord's day.
cessity, for the moderate relief of those that are sick or faint for their
necessary refreshment, and not to young persons, or such as need it
not, in pain of ten shillings to the Colony.

6. And for the preventing of the great abuse, by the excessive
drinking of Liquors and other Drink in Ordinaries, &c.

This Court Ordereth, That everv Ordinary keeper in this Gov- Ordinary keepers

,„,,,. , , . , , . to return the

ernment, shall be hereby impovvred and requn-ed that in case any names of such
person or persons do not attend Order, but carry themselves unciv- have°"ndviiiy, to
illy, by being importunately desirous of Drink when denied ; and do
not leave the House when required ; such Ordinary keeper shall
return their names to the next Court, that so they may be proceeded
withal according to the nature of the offence : and in case any Ordi-
nary keeper shall neglect so to do, he shall be fined five shillings for
every default.

the court.

288 LAWS OF THE [PART III.

Who to inspect 7. It is further Ordered by this Court ; That two or three men,
besides the Constable and Grand-jury-men, be appointed and impow-
red, in each Town of this Jurisdiction, to have the inspection of the
Ordinaries, or in any other places suspected, to take notice of such
abuses as may arise in reference to the premises or otherwise, and
make return thereof to the Court.

Servants and g. That no Ordinary keeper suffer any Servants or Children, un-

children not al- .

lowed to drink in dcr the Government of their Masters or Parents to buy or sit drink-
ordinaries with- . • I • TT
out consent of ing any btrong-liquors or Wine m their Houses, or where they have

master or parent. ... ... ^ i'-r» nr

to do Without hberty irom their Jrarents or Masters, except in case
of necessity for their relief, in pain of five shillings forfeit to the Col-
onies use.

CHAPTER XIV.

INDIANS.

Indians notal- [[ js Enacted by the Court, &c. That the Indians especially such

lowed to profane

the Lord's day. as live amongst Or near the English Plantations, be not suffered to
prophane the Lords day, by Hunting, Fishing, Fowling, Travailing
with burdens, or by doing any servile work thereupon ; And if any
being forewarned do, and will contemptuously offend in that kinde,
the Constable of that Town, shall bring him before the next Magis-
trate, or Select-men where a. Magistrate is not, who upon proof of
the Fact, may punish him by fine or otherwise, as the matter may
be circumstanced ; And the like course to be taken with such In-
dians as shall on the Lords day resort to English Houses, unless
upon extraordinary occasion.

No guns or am- 2. And whereas it is found by experience, that the Indians who

munition to be

sold or loaned to are naturally perfideous, are abundantly more Insolent and Proud,
when they are furnished with English Arms ;

It is therefore Enacted by this Court, &c. That whosoever shall
Give, Lend, Trade, Truck, or exchange with the Indians, so as to
furnish them directly or indirectly with any kinde of Arms, as Guns,
Pistols, Swords, Rapiers, or the like, or Powder, Shot, or Lead,
or Amunition of any kinde, he or they upon due conviction thereof,
shall forfeit to the Colonies use twenty times the value thereof, which
if he cannot pay, he shall otherwise be severely punished, by Im-
prisonment or otherwise : And if any Indians that have Arms have
or shall at any time manifestly appear to be unfaithful and treacherous
to us, they shall forfeit such their Arms, and not be suffered for time

PART III.] COLONY OF NEW PLYMOUTH. 289

to come, to keep any unless particularly Licensed by the Court or
Government.

3. It is also enacted, &c. That whosoever shall sell unto, or Nor shall boats,
upon any consideration, furnish any Indians with any kinde of Boats, lent to them.
Barques, or such like Vessels, or Sails, or Tackling to fit up any

Vessel, he or they shall forfeit to the Colonies use, ten times the
value of such prohibited Goods, or be otherwise punished as the
Court shall determine.

4. Whereas Complaint is made of Indians stealing of live Hogs
from the English, and selling them, and concealing it by cutting of
the ears.

It is Enacted by the Court, That henceforth no Indians shall give Indians not al-
any ear mai'k to their Swine, upon the penalty of the forfeiture of ea"-markfo fheir
such Swine, one half to the Country, and the other half to him that ^^'"®"
shall make seizure of them ; neither shall any Indian bring any Swine
to sell, with their ears cut off, or ear-marked, on the same penalty
as above, except he bring good Testimonies that he honestly ob-
tained such Swine so marked, of some English.

And to prevent controversie about Swine ; No Englishman

It is Enacted, That no English shall claim any Swine in custody swine Vf 'an in^

of the Indians, but by their ear mark. ei™L^ '^^

5. Be it also Enacted, &c. That no person, whether Inhabitant None allowed to

f I • /^ 1 1 11 V« 1 TT- • r purchase or re-

oi this Government or other, shall l-'urchase, Jlu'e, or receive oi ceive any lands
Gift of the Indians, any Lands that lie within the Line of this Gov- "^^^^e Indians,
ernment, without the allowance and order of this Court, on pain of
forfeiting for every Acre so bought, hired, or any way obtained of
them, five pounds to the Colonies use. And if the fine or forfeiture
cannot at present be obtained, the Lands so procured shall be forth-
with seized for the Colonies use.

Neither shall any Buy, or Hire, or receive of Gift, any Wood, Nor timber or
Timber, or Herbage of the Indians, without the Courts allowance
on pain of forfeiting five times the value thereof to the Colonies use.

6. It is Enacted by the Court, &c. That liberty be hereby grant- Horses may be
ed to the English in this Government, to sell Horses to the Indians, dmns°on certaiu
Provided every Hoi'se so sold be brought to the Town Clerk of <=o°'''''°"S'
that Town where he is sold, and ten shillings in money, and delivered

to the said Clerk, for the Colonies use, who shall Record his Mark
or Marks, and have twelve pence of the said Money for his pains ;
and in case any shall sell any Horses or Horse Colt to the Indians,
and neglect so to do, he shall forfeit every such Horse, or the value
thereof, to the Colonies use.

But no person within this Government, shall sell or give any Mare
37

290 LAWS OF THE [PART III.

Mares not to be to the Indians, in pain of the forfeiture of every such Mare, or the

sold to Indians. , , r , r ^

value thereof to the use of the Colony : And tliat no Indian shall be
suffered to keep any Mare in this Colony, on like penalty of the
forfeiture of every such Mare to the Colonies use.

And that the Country may not be defeated of the abovesaid ten
shillings, under pretence of lending Horses to the Indians, although
sold to them :
Penalty for lend- It is therefore Ordered ; That none shall give, lend, or hire any

ing- or hiring a __ . ...

horse of them. Horse or Horse Colt to any Indian or Indians in pain of ten shil-
lings forfeit to the Colonies use.
Penalty for sell- 7, Whereas notvvithstandins; many Orders have been made for the

mg or givnig ° •'

them wine, cider, prevention of Drunkenness amongst the Indians, yet it doth abound
amongst them to the dishonour of God, and occasion of many out-
rages done amongst them, and other inconveniences like more and
more to ensue, if no stop be put thereto ;

It is therefore Ordered by this Court, That whatsoever person or
persons, doth dii-ectly or indirectly. Give, Sell, Truck or Batter, or
any wayes procure to or for any Indian or Indians, any Wine, Cyder
or Strong-liquors, by whatsoever name the said liquor may be called,
shall for every such offence forfeit, five pounds fine to the Colonies
use ; Provided this Order shall not extend to restrain any charitable
act, in relieving any Indian Bona fide, in any suddain exigent of sick-
ness, faintness, &c. not exceeding one dram or two, or by the pre-
scription and direction of some Physitian, under the hand of a Magis-
trate first obtain.

The testimony of And it is Ordered, Tiiat the Accusation, Information or Testi-

an Indian suffi- c x i- 1 i 1 1 • ? ii 1 1

cient to prove mony oi any Indian or other probable cu'cumstance, shall be accounted

the sale of liquors, rr • , • • c tt<ti .j^

unless— sufficient conviction oi any Ji,nglish person or persons suspected to

Sell, Trade or Procure any Wine, Cyder or Liquors as abovesaid,
to any Indian or Indians, unless such English shall upon their Oath
clear themselves from any such act of direct or indirect Selling,
Trucking or Lending of Wine, Cyder or Liquors to any such Indian
or Indians, and the same counted to be taken for conviction of any
that Trade any Arms or Amunition to the Indians.

And in case any such offender be not able to pay his or their fine
as abovesaid, every such offender shall be publickly whipt.

Wine, &c. in the And it shall and may be lawful for any man to seize any Liquor,

possession of In- i-i/-i 1^ tt tt

diansmaybe Cyder or Wme found in the Custody of any Indian or Indians, and
have it for his pains. Provided he bring the said Indian or Indians
before a Magistrate, or the Select Men of the Town, to be further
examined about it.

PART III.] COLONY OF NEW PLYMOUTH. 291

CHAPTER XV.

HORSES.

Whereas many Questions, and sometimes troublesome Suits and
Contests, grow between persons about Horses running together in
the Woods unmarked, &c.

It is Ordered, That each Plantation within this Government, have Horses of each

, -r-4 1 I !• • • 1 I TT r Tn • town to be mark-

a particular IJrand-mark, to distinguisli the Morses oi one Jr'lantation ed with a brand.

from another, as by Order of Court hath been in that case provided

and in use amoniist us: besides which, every Owner shall mark every Every person

- -__. - , . , ...... , ', shall mark his

OI his Horses, Mares or Colts, with some distinguisrang mark, and horses, and the
that before Witness, whereby one mans Horse-kinde may be known c^^rded?
from another, and that in each Plantation there be an officer appoint-
ed, either the Town Clerk, or some other fit person, to Record each
particular mans Horse kinde, with the Marks, Natural or Artificial,
with the Colour and Age thereof, as near as may be known, with the
year and day of the month, and to require as satisfying evidence of his
right, who presents any such Horse-kinde to be Recorded as may be
had, and to Record any defect of due evidence, that a way may be
open to other claims, and such Officer to have six pence for every
Horse-Kinde so Recorded of the Owner thereof

And that whatsoever Owner of such Horse-kinde, shall neglect to 'enaliy for ne-
present them, or the Mark and Age thereof to such Officer, to be
Recorded, being above one year old, from time to time, at or before
the first of March Annually, shall forfeit five shillings, the one half to
the Town, and the other half to the Informer, excepting such Horses
as any Owner keeps on his own ground.

And that no person take up any Horse-kinde running in the
Woods, to carry out of the Township where they go, without first
bringing them to the Officer aforesaid, to be Recorded, and to re-
ceive a Note from under his hand of the Marks, with the date thereof,
on pain of forty shillings to the Colonies use ; Paying like fees to the
Officer aforesaid.

2. If any man shall take up any Stray-horse, Mare, or Horse- strays, &c.
kinde, he shall within one month give notice of it, with the Age (as
near as he can) and his colour and marks, that so the Treasurer may
cause them to be cried at three Courts next following ; and if any
Owner be found, paying all due charges for his taking up and keeping,
he shall have his Horse or Beast: But if after he hath been so pub-
licly cryed, no Owner appear in a year after he was first cryed ; such

292 LAWS OF THE [PART III.

Horse, Mare or other Beast, shall be one half to the Country, and
the other half to him that took him up.

It is also Ordered, &c. That whoesoever takes up any such Stray-
Horse, Mare, &c. shall keep them well, and not wrong them by
Drawing, Riding or otherwise, whilest he is upon such enquiry as
abovesaid ; and that during the time, he shall alwayes keep a Wyth
about the neck of the Stray, by which it may be commonly known.
What horses shall 3. It is Enacted by the Court, That none shall suffer to go at
no^ go a arge, i^^ge to feed, in any Commons within this Government, any stoned
Horse, being above two years old, and not thirteen hands high at
least from the lower part of the Hoof to the upper part of the With-
er, every hand containing four Inches standard measure, in pain to
forfeit the same Horse or the value thereof, the one half to the
Country, and the other half to him or them which shall seize such
Horse of lower stature ; So that first by the Assistance of the Con-
stable, or Select-men of any Township where such seizure is made,
or seizor dwelleth ; Such Horse being by the seizor first brought to
the next Pound, shall there by such an Officer, in the presence of
three sufficient men, be measured and found lower than the stature
above mentioned. This Order to take place from and after the first
of October, 1670.
What fences are 4. That such Fences as are judged sufficient against ordinary Neat
horses^" agains Q^^jg^ gj^gjj j^g allowed sufficient against Horses and Mares ; And if
Horses be so wilde that they cannot be impounded, the Owner shall
nevertheless satisfie the damage proved to have been done by them,
as if impounded ; and if the Horse-kinde which so trespasseth be not
marked, according to Order, the Owner for such shall pay double
damage.

5. And whereas there hath been great Complaint of much damage

done by Horse-kinde, and that many of them are and belong to For-

reigners, either hither brought, here bought, or known to the Owners

thereof to be strayed into this Colony, and here let run with their

Increase year after year, to the great Damage and Annoyance both

of English and Indians ;

The horses of It is therefore Ordered, That all such Forrcigners Horse-kinde

forfe'ifed'^ un° ''^ (other than accidentally strayed, without the knowledge of the

less— Owner) shall be taken out of this Colony by the last of December

next, in pain of the forfeiture of every such Horse-kinde, the one

half to the Colony, and the other half to him or them that shall take

up every such Horse-kinde, found within this Colony after the said

time, other than such strayes as aforesaid, which shall be dealt with

as by Order in that Case provided.

PART III.] COLONY OF NEW PLYMOUTH. 293

And this Court vvilletli, That all such as are Inhabitants, as have Inhabitants re-

. 1 • 1 TT • • 1 • 1 quested to give

any Inspection over any the said Horses, to give timely notice there- notice of such
of to the Owner of such Horses as aforesaid.

Note. — In June, 168o, the laws were revised and again printed. This revision does not
differ very materiallj' from that of 1671. It contains some provisions which are not found
in any of the other laws, of which the following are selected as the most important and inter-
esting. There is no manuscript record of these laws preserved.

THE GENERAL FUNDAMENTALS.

And it shall be in the liberty of any person, that is to be tried by in capital trials,
a Jury, to challenge any of the Jurors, and if the challenge be found cha!ien<^ed"per- ^
just and reasonable by the Bench, it shall be allowed, and others ""P^°^''y-
without just exception shall be Impannelled in their room: and if it
be in case of Life and Death, the Prisoner shall have liberty (accord-
ing to the law of England) to except against twenty of the Jury with-
out giving any reason for the same.

ACTIONS,

It is Ordered by this Court and the Authority thereof: That all Actions, where
Actions about Title of Land shall be first Tried in the County where "^""^^ "
the lands lieth: and all other Actions triable at a County Court shall
be Tried at any of the Counties, where either Plaintiff or Defendant
resideth, as the Plaintiff pleaseth: and all Actions Triable at Select
Courts shall be Tried at that Town where either Plaintiff or Defen-
dant dvvelleth, as the plaintiff seeth cause ; and any Action triable
before a Magistrate, one of the parties must live or reside in the
County where the Magistrate lives or resides unless both Parties be
Strangers.

APPEALS.

It is ordered. That no person that sat as Judge and Voted in any who shall hear
Inferior Court shall Judge or Vote in any Court appealed to, unless ^'hTt'evidence
the Judges appealed from be more than the Judges appealed to ; jn ^^^^^'^ '°"°"
which case, it may be judged by the whole: in all appeals the case
to be judged by the same evidence and no other than what was used
in the Court appealed from, unless it appear either party were hin-
dred from putting in any evidence in their case that of and by right
and Law they should not have been hindred of; the said Court to
confirm or reverse the Judgment, or to increase or abate the damage

294 LAWS OF THE [PART III.

as they may see cause according to Law ; and the Party that appeals
shall bring in the whole case as left on file, and bring a certificate that
he hath so done, and if he recover the charge, shall be allowed in his
cost.

BRIDGES.

Who to repair It is Ordered by the Court and the Authority thereof: That all

bridges.

defective Bridges and Highways, the Countrey, County, Town or
particular persons, that of right ought to make and maintain the same:
for neglect or defect therein, shall be liable to be presented to the
County Courts, who as the case is circumstanced, shall lay Countrey,
County, Town or Person that is defective under such Penalty as to
them shall seem meet ; that they in such time as shall be Ordered,
Repair or make such Bridge or Way as is presented ; and if they
neglect or refuse to perform the same within the time set besides such
fine as is laid on them, shall pay double damage to any particular
Person that may suffer by reason thereof; and if it be the occasion
of the Death of any person after the time set them for making or re-
pairing the same, the Countrey, County, Town or Person defective
shall be liable to such reasonable satisfaction or fine to the Relations,
as the Court shall judge meet.

COUNTY COURTS.

County Courts, It is Ordered by this Court and the Authority thereof; That there
by whom.' be in this Colony three Counties, and that in each County there shall

be kept annually two County Courts ; which Courts shall be kept by
the Magistrates living in the several Counties, or by any other Magis-
trate that can attend the same, or by such as the General Court shall
appoint from time to time, and to make a Court, there shall be pi'es-
ent not less than three Magistrates or Associates, and in no case shall
judgment be given without there be two consenting, or the major
part if more than four Judges ; and in the absence of the Governour
or Deputy Governour, the eldest Magistrate shall be President of the
Court ; which Court shall have, and hereby have power to order the
choice of Juries of Grand Inquest and Trials in their several Coun-
ties, and to constitute Clerks and other needful Officers ; the County
Treasurer to be appointed and allowed of by said Court annually.
Jurisdiction, &c. It is Ordered ; That each County Court shall have and hereby
have power to Hear, Try and Determine according to Law all mat-
ters, Actions, Causes and Complaints, whether Civil or Criminal, in
any Case not extending to Life, Limb or Banishment, or matter of
Divorce.

PART III.] COLONY OF NEW PLYMOUTH. 295

2. It is Ordered That Plimoutb, Duxbury, Scituate, Marsbfield, Plymouih Coun-
Bridgwater and Middlebroiigb, together witb all sucb places and Vil-
lages, tbat do or may lye between tbe said Towns and the Patent Line

be a County ; Plynionth tbe County Town, and said County called
tbe County of Plimoutb ; in wbieb County sball be kept two County
Courts annually, at tbe Town of Plimoutb one, on tbe ibird Tuesday
in March ; and tbe other on tbe third Tuesday in September.

3. It is also Ordered ; Tbat Barnstable, Sandwich, Yarmouth Barnstable
and Eastbam, tbe Villages of Sippican, Suckonesset and Monamoy

sball be a County ; Barnstable tbe County Town, and said County
shall be called the County of Barnstable, in which County sball be
kept two County Courts annually at tbe County Town ; one on tbe
third Tuesday in April and the other on the third Tuesday in October.

It is further Ordered ; That Bristol, Taunton, Rehobotb, Dart- Bristol County,
mouth, Swansey, Little Compton, Free Town, Sowammit, Pocas-
set, Punkatest and all such Places, Towns and Villages as are or
may be settled on said Lands shall be, a County, Bristol the County
Town, and tbe said County shall be called tbe County of Bristol ; In
which County shall be kept two County Courts annually at the
County Town ; one on the third Tuesday in May, and the other on
the third Tuesday in November.

4. It is Ordered &c. That all Deeds, Bargaiiis, Mortgages for Conveyances of
Houses, Rents, Lands, not already Recorded in tbe Public Records, ed in the Count}
or that shall not be Recorded before tbe first County Court of each ' '■*•>•
County shall or may be Recorded in tbe County where they lye by

the County Recorder ; which shall from and after tbe first County
Court that sits in said County be accounted legal and sufficient Re-
cord for the same ; it having been acknowledged or duely proved
before the Recording.

5. It is Ordered, that such County Court sball have, and hereby County Court

. Ill- 1- T 1 r "i^y settle the

have power to settle and dispose according to Law the estate of any estates of intes-
Person, that dies Intestate within the County and to grant Letters of p^ro*bate of wiMs.
Administration and take tbe probate of Wills.

6. It is enacted, That County Courts have Power to make ef- May maive orders

r~\ -c\ • XT- 1 -r> • about liig-livvays,

iectual orders about County Prisons, Highways and Bridges ; and bridges, .tc.

when there is occasion. Order rates to be made in tbe several Towns

and Places of tbe County for defraying County charges ; the Raters

of each Town to rate their Inhabitants, or Persons under their Con-

stablerick according to tbe proportion ordered by the County Court ;

and the Constable to gather such rates and be accountable for the

same to tbe County Treasurer.

7. It is Ordered, Tbat in any County where a Stranger dies In-

296 LAWS OF THE [PART III.

Town clerks to testate, the County Court shall appoint a meet Person to Administer
county court the on his Estate, if he leave any, and to secure the same for them of

names of consta- , /• -r> • i • i i i i

bles, &c. whom 01 Kight it doth or may belong.

8. It is Ordered, That the Town Clerk in each Town annually
return the Names of such Persons to the County Court, as by the
several Towns are chosen to serve ; as Constable, Grand Jurymen,
Surveyors of Highways ; that they may take their Oaths, and be
established in their respective Places ; and the Selectmen to be re-
turned to the Court of Election on penalty of twenty shillings fine for
each neglect.
Clerks to be re- 9. It is Ordered, That the Clerk of the County Court shall be
county. the Recorder of the County, who shall Record Deeds and Evidences

for Lands lying within the County, who shall be under Oath for the
faithful discharge of his Place : Said Cleik in open Court may ad-
minister Oaths to Witnesses, and in the Name or Order of Court to
grant Summons, Attachments, Warrants, and to sign and give out
Executions for any Judgment obtained in any of the County Courts,
which shall not be till twelve hours after Judgment, unless in any
particular case the Law hath otherwise provided : nor then if the
Court, or any special cause shall Respit the same.
County courts- 10- It is Ordered, That each County Court may adjourn their

may adjourn, &c. Qounty Courts as to them may seem meet ; and all Persons con-
cerned shall be bound to attend the said adjournment.
Duty and author- H- It is Ordered, That there be a County Marshal, who shall
ixiarthd '"'^ always attend said Courts, who are impowered to serve all Warrants,
Attachments or Summons, that are directed to them, and to Levy
Executions, who may require aid in the Execution of their Office,
which shall be yielded on the same penalty, that is, for any to refuse
to assist a Constable.
When two magis- 12. It is Ordered, That in Case that requires a speedy proving
adminiTiratif:™" of a Will, or taking out Letters of Administration ; it shall be lawful
and probate of f^^ ^^y j^q Magistrates, the Clerk of the County Court being pres-
ent, to record the same, to take the Probate of such Wills and to
grant Administrations though out of Court, or not in Court time.
Equity powers. 1 .3. That a Magistrate, or any Court shall have Power to deter-
mine all such matters of Equity in Cases or Actions that have been
under their cognizance as cannot be relieved by the common Law,
as the forfeiture of an Obligation, breach of Covenants without great
Damage, or the like matters of apparent Equity.
When to choose 14. Ordered, That the County Court, or any two of the Magis-
trates may, as need shall require, upon defect of any Towns chusing
Raters, or the Raters neglecting to make such Rates, as by Order

PART HI.] COLONY OF NEW PLYMOUTH. 297

of Court are required of ihem, or orderly committed to them, make
choice of three men in such Town to make such Rates as aforesaid.

15. Ordered, That in all Criminal Cases, or Misdemeanors, be- Criminals con-

.,,.,,. T» • 1 T-« • I 11 ^^ victcd to pay

sides tneir t incs or 1 unisliments, Fersons convict shall pay Cost costs,
and needful charges of Prosecution.

16. It is Ordered, &c. That a Judgment acknowledged before Before whom
any two Magistrates and the Clerk of the Court, shall be good in i"knowledged.
Law ; and if the Clerk be a Magistrate, he with one Magistrate may

take such acknowledgment, and the Clerk shall have twelve pence
for recording the same.

COURTS OF SELECTMEN.

It is Ordered by this Court and Authority thereof — That every Courts of select-
Town in this Colony shall chuse three or five able Discreet men out [{Jiion and juris-
of the Freemen of each Town annually, who shall be presented to °"=''°°-
the General Court at June to be approved, and then Sworn there,
or before a INIagistrate, who shall have power to hear, try and deter-
mine all actions of Debt, Trespass or Damage not exceeding forty
shillings ; and to grant Summons and Attachments to the Marshal
or Constables to be returned into their Courts, which may be four in
one year, and not more ; and to administer Oaths to any that may
be used at their Courts, or in such matters as they have to deal
withal ; and summons Witnesses, and upon issue of the Cases to
grant Executions to the Constable or County Marshal, who shall ex-
ecute the same and make return thereof, & doing thereupon to the
Officer that keeps the records of such Courts ; and in all things to
act and determine according to Law as is provided for other Courts
and causes without Jury ; and that to make a valid act, there shall be
the major part of them consenting ; and that the Selectmen in each
Town shall order the prudential affairs of the Town, viz, to admit,
approve or disapprove of any person who shall offer to Dwell or
Inhabit in the said Town, to provide for such poor and necessitous
Persons at the Towns charge, as the Town ought to be charged
withal ; to look after and prevent any Incroachments upon Highways
and Streets, to look after the keeping and maintaining the Town
bounds at the Town's charge ; to put out with the consent of a Mag-
istrate, Children that cannot or are not provided for by their Parents
or Friends to Service or Apprentice ; Boyes till one and twenty,
and Girls till eighteen years of age ; to put out to Service with the
Advice of a Magistrate any Idle, Disorderly or Shiftless Persons
that are likely to be chargeable to the Town ; That in such Town

298 LAWS OF THE [PART III.

where no Magistrate or Person authorized with Magistratical power
is, the Select-men or any two of them shall have power to convict
and punish any persons according to Law for Drunkenness, Swear-
ing, Cursing, Sabbath-breaking, Night-walking, Breaking of Peace,
and all such other Matters in their Town referred to them by Law.

CRIMINALS.

Whereas divers unruly Persons, Servants and others in several
places of this Cf lony, meet together to walk about in the Night to
Drink, Revel or Pilfer ; the same tending to the corrupting and de-
bauching of the Youth ; and many offend and prejudice the peacable
Inhabitants of the several Towns ; for prevention whereof;
Night-walkers, It is Ordered by this Court and the Autl)ority thereof, that all

how punished. ii--i-r<-i ~i r •

Persons walking in the Fields or Streets after nine or ten o'clock at
Night, unless known peaceable and orderly Inhabitants shall be liable
to be examined by the Selectmen, Constable or Watch of the
Town : or if complained on by any other person of the Town, and
if they cannot give a satisfactory reason for their so doing, he or they
shall be had before some Magistrate or other Person authorized, who
upon the hearing of the Case, it appear they have been Rude or un-
reasonably Drinking, Revelling, Gaming, Sporting or any ways dis-
turbing ; or if it be Servants or Children, and it be without their
Parents or Masters leave, they shall for the first Offence be admon-
ished, or pay five shillings to the County, or sit in the Stocks an
hour ; and if Transgress a second lime, to pay ten shillings, or be
whipt with ten lashes, and so from time to time as often as they
transgress.

FAIRES.

Two fairs to be It is Ordered ; That there be two Faires annually kept at Bristol,

held annually at , • , itt i ■ i rn. i ■ tv r i i i

Bristol. one on the third Wednesday and I hursday m May, and the other

the third Wednesday and Thursday in November.

INDIANS.

Indians not to It is Ordered by this Court and Authority thereof; That no In-

powwow, or wor- i • i i n i n • t • i- • in

ship any evil be- dian which shall dwell or come into our Jurisdiction sliail presume
at any time to Ponwoiv or perform outward Worship to the Devil
or other false God under the penalty of five pounds or severe Cor-
poral punishment both of said Powwow and of such other as shall
procure or abett him therein.

And that no Indian shall resort to any English house on the Lords

ing.

i

PART III.] COLONY OF NEW PLYMOUTH. 299

day especially when any of the People thereof are eone to Meeting, Nor to resort to

J r J ^ J r o o ,|j^ houses of the

unless upon extraordinary occasion, under the penalty often shillings Knsriish on the

1 -1 11171-- 1 !• Lord's day.

or Corporal punishment by Whipping, as the matter may be circum-
stanced ; and that no Indian under the like penalty, prophane the
Lords day by Hunting, Fishing, Fowling, Travelling with Burthens,
or doing any servile work thereon.

LANDS & INHERITANCE.

1. It is Ordered and declared by this Court and the Authority Entailed estates
thereof; That all Lands heretofore Intailed, and that shall be In- cording lo the
tailed hereafter, shall descend and enure as by the Law of England ' "
the same ought to do.

2. It is Ordered and Declared, &c. That all the Sons of any Who to inherit.
Person having Lands in fee simple shall be Heirs (paying and satis-
fying in case as is by Law provided) the Eldest Son shall have dou-
ble to any of his Brethren ; and all the younger equal Shares of the

Land of their Ancestors ; and where there is but one Son, he shall
be sole Heir, paying and satisfying as aforesaid ; and where there is
no Son, all the Daughters shall inherit alike.

3. And that all the Brethren of the whole Blood shall be Heirs
to any Person dying without Issue ; the Eldest Brother to have
double to any one of his Brethren ; and where there is but one
Brother, he shall be sole Heir to such Brother or other Ancestor ;
and where there is no Brother, the Sisters of the whole Blood shall
Inherit alike.

DOWER.

That there may be competent Provision made for the Maintenance
of Wives after the Discease of their Husbands who died Intestate :

It is Ordered and Enacted by this Court and the Authority there-
of; That every married woinan, who hath not demerited the con-
trary by her wilful Absence or Departure from her Husband or
other notorious fact without reconciliation to him in his life time ; or
hath not by former Contract with her consent been Estated into some
House, Lands or Tenements for term of her life, shall immediately
after the death of her Husband according to the common law of
England for the sustenance of herself, the nurture and education of
her Children have Right and Interest by way of Dower in and to one
third part of all such Houses and Lands as her husband was at any
time seized of during the coverture, other than what Lands shee
freely resigned up her Interest in, and acknowledged the same before

300

LAWS OF THE

[part 111.

Dower to the wid-i
ow to be set off
by metes and
bounds.

Widow to have
one half of per-
sonal estate,
when there are
no children.

a Magistrate : To have and to hold unto the said Wife in severahy
by Meets and Bounds for and during only the term of her life
whether she had issue by her Husband or no : said third part to be
set out to her by persons appointed thereunto by the County Court
if the persons concerned agree not : Provided always, such Widow
endowed as abovesaid shall not commit or sufier any strip or wast,
but shall maintain all such Houses, Fences and Inclosures as shall
be assigned to her for her Dower ; and shall leave the same in good
and sufficient reparation in all respects.

It is also Ordered, &c. That all just Debts being first paid, the
Widow shall have one third part of her late Husbands personal Es-
tate to be at her own absolute dispose, and the other two thirds to
be disposed amongst the children as the Law is provided. And
where there are no children left of the Deceased Intestate Husband,
there the Widow shall have the one half of the personal Estate, un-
less the Court see just reason and cause to order it otherwise.

MARITIME MATTERS.

Maritime matters Ordered by the Court ; That all Maritime matters shall be tried
county courts. at County Courts by the Laws and Customs of England.

Latin school,
how supported.

SCHOOLES.

1. Ordered by this Court and the Authority thereof, That every
County Town shall have and maintain a Latine School ; which if they
do and the Master judged by the major })art of the Ministers of the
County a Person capable to bring up Youth fit for the Colledge ; then
such Town for their encouragement shall have one third part annually
of the money raised on the account of the Cape Fishing ; and if the
County Town refuse or neglect the same, then such other Town
that hath such a School shall have said Money ; and if more than
one such in the County, where the County Town neglects, then said
Money to be divided between them ; and where there is no such
School in the County, then the Money to be for the Colonies use.

2. Ordered, That in any County Town where such School-Mas-
ter is provided, whether by the major part of the Town or upon their
neglect by a minor part, with the approbation of two Magistrates ;
such Town shall pay twelve pounds per annum to be raised as other
Town Rates annually for such School-Master ; and such as have
the immediate benefit by sending their children to pay three pence a
week for Writing and Reading, and six pence a week for a Schollar
after he comes to his Grammar ; and every such School-Master shall

PART III.] COLONY OF NEW PLYMOUTH. 301

be capable to teach to Write and Cypher ; and shall receive children
after they are fit to begin in their Psalter ; and any that send their
children from any other Town in the County not to pay for their
Schooling.

INTESTATES ESTATE.

Ordered, That if any Person shall die Intestate, Funeral Charges Personal estate

. I r^ /~i °'^ intestates, how

and Debts being paid, and such sum set apart as the County Court distributed,
shall see meet for the bringing up of small Children or to be allowed
for any Child, that is lame or decrepit or otherwise helpless and like
to be more than ordinarily chargeable ; the remainder of Goods and
Chattels to be disposed of as follows ; one third part to the Widow ;
the other two thirds to be equally divided among the Children, dis-
counting with each Child what appears they had before received in
part of their Portion, saving to the eldest Son a double portion, if
the Lands assigned to him do not amount unto a double Portion of
the whole Estate real and personal.

Ordered also, That if any person dieth Intestate, having Lands in
fee simple whereby such Lands descend to the Heir Male, and there
be divers Daughters and no considerable Estate besides Lands when
Debts are paid, so that Daughters cannot have Portions in any
measure according to such Intestate estate, the County Court out of
which administration of any such Estate was granted, and where the
Land lieth shall have power upon due consideration of such case to Daughters' por-
appoint such Heir or Heirs male to pay to the Daughters Portions '°"°'
at such time and in such manner, and so much as to said Court shall
be just and reasonable not exceeding to one Daughter the portion of
any younger Brother ; which he hath by descent and from and by
division of the Intestate Goods and Chattels ; and if such Heir or
Heirs if of full age or their Guardian or Guardians for such or so
many as are under age shall not pay such Portion or Portions as the
Court hath Ordered and appointed and set down upon Record :
The Clerk of said Court by order of Court shall grant Execution
for such Portion or Portions, to be levied on such Lands as so
descended or other sufficient Estate, which shall be delivered to
the Party ; and if it be Lands, it shall be as good an Estate to
Her and Her Heirs as in other case of Lands delivered on Ex-
ecution.

i

APPENDIX.

"Conditions upon which the English at Leyden, who

INTENDED TO REMOVE TO AmERICA, ENGAGED WITH SOME
MERCHANTS IN ENGLAND, WHO WERE TO BE JOINT ADVEN-
TURERS WITH THEM.

"I. The adventurers and planters doe agree, that every person
that goeth being sixteen yeeres old and upwards, bee rated at tenn
pounds, and that tenn pounds be accounted a single share.

II. That he that goeth in person and fuinisheth himself out with
tenn pounds, either in money or other provisions, bee accounted as
having tenn pounds in stocke, and in the division shall receive a
double share.

III. The persons transported, and the adventurers, shall continue
their joint stocke and partnershipe, the space of seaven yeeres, ex-
cept some unexpected impediments do cause the whole company to
agree otherwise ; during which lime all profits and benefilts, that are
gotten by trade, trafficke, trucking, working, fishing, or any other
means, of any other person or persons, remaine still in the common
stocke, until the division.

IV. That, at their coming, they shall chuse out such a number of
fit persons as may furnish their shipes and boats for fishing upon the
sea ; imploying the rest in their several facultyes, upon the land, as
building houses, tilling and planting the ground, and making such
commodities as shall be most useful for the colony.

V. That at the end of the seaven yeeres, the capital and profits,
viz. the houses, lands, goods, and chattels, be equally divided
amongst the adventurers : if any debt or detriment concerning this
adventure *

VI. Whosoever cometh to the colony hereafter, or putteth any

* " Here somelhing seems to be wanting, which cannot now be supplied."' — Belk. Amer.
Bios. 11, 182.

304 APPENDIX.

thing into the common stocke, shall, at the end of the seaven yeeres,
bee allowed proportionably to the time of his soe doing.

VII. He that shall carrie his wife, or children, or servants, shall
be allowed, for every person, now aged sixteen yeeres and upward,
a single share in the division ; or, if he provide them necessaries, a
double share, or if they be between tenn yeeres old and sixteen,
then two of them to bee reconed for a person, both in transportation
and division.

VIII. That such children that now goe, and are under age of
ten yeeres, have noe other share in the division than fivety acres of
unmanured land.

IX. That such persons as dy before the seaven yeeres be expired,
their executors to have theire parts or share, at the division, propor-
tionably to the lime of theire life, in the colony.

X. That all such persons as are of the colony are to have meat,
drincke, and apparel, out of the common stocke and goods of the
said colony."

* Treaty with Massasoit.

I. That neither he nor any of his, should injure or do hurt to any
of their people.

II. That if any of his did any hurt to any of theirs, he should send
the offender that they might punish him.

III. That if any thing were taken away from any of theirs, he
should cause it to be restored, and they should do the like to his.

IV. That if any did unjustly war against him, they would aid him ;
and if any did war against them, he should aid them.

V. That he should send to his neighbour confederates, to inform
them of this, that they might not wrong them, but might be likewise
comprised in these conditions of peace.

VI. That when his men came to them upon any occasion, they
should leave their arms (which were then bows and arrows) behind
them.

VII. Lastly. That so doing, their sovereign Lord King James
would esteem him as his friend and ally.

* This treaty was made in March, 1G21, and is found in Morton's Memorial, p. 54,
Davis' Ed.

APPENDIX. 305

Submission of Indian Sachems.

September 13, »^nno Dom. 1621.
Know all men by these presents, that we, whose names are under-
written, do acknowledge ourselves to be the royal subjects of King
James, King of Great Britain, France and Ireland, defender of the
faith, &c. In witness whereof, and as a testimonial of the same,
we have subscribed our names or marks, as followeth :

Ohquamehiul^ JVuttawakunt, Quadaquina^

Caionacome.) Caunbatant, Huttmoiden,

Obbatinnua, Chikkatabak, Jlpannoic.

William Bradford, &c. Surrender of the Patent of
Plymouth Colony to the Freemen, March 2d, 1640.

Whereas divers and sondry Treaties have beene in the Publicke
generall Courts of New-Plymouth his majestic our dread Sovereigne
Charles by the grace of God King of England Scotland France and
Ireland &c concerning the proper Right and title of the Lands within
the bounds and limitts of his said majesties Letters Patents graunted
by the Right Honorable his majesties Counsell for New England
ratified by theire Comon Scale and signed by the hand of the Right
Honorable Earle of Warwicke then President of the said Counsell
to William Bradford his heirs associates and assignes beareing date
&c And whereas the said William Bradford and divers others the
first Instruments of God in the beginninge of this greate work of
Plantacon together with such as the Alorderinge God in his Provi-
dence soone added vnto them have beene at very greate charges to
procure the said lands priv Hedges and freedomes from all entangle-
ments as may appeare by diuers and sondry deeds enlargements of
graunts purchases payments of debts &c by reason whereof the title
to the day of this present remayneth in the said William his heires
associats and assignes now for the better setling of the state of the
said land aforesaid the said William Bradford and those first Instru-
ments termed and called in sondry orders vpon publick Record the
Purchasers or Old Comers witnes two in especiall the one beareing
date the third of March 1639 the other in December the first 1640
wherevnto these presents have speciall relacon and agreement and
whereby they are distinguished from other the freemen and Inhabi-
39

306 APPENDIX.

tants of the said Corporation Be it knowne vnto all men therefore
by these presents That the said WilHam Bradford for himself his
heires together with the said purchasers do onely reserve vnto them-
selves their heires and assignes those three tracts of land menconed
in the said resolvcon order and agreement beareing date the first day
of December 1640 viz. first from the bounds of Yarmouth three
miles to the Eastward of Naemskeckett and from Sea to Sea crosse
the said neck of land The second of a place called Acconquesse
(alias) Acockus which lyelh in the bottome of the Bay adjoyneing
to the w'est side of Poynt Perril! and two miles to the westerne side
of the said River to another place called Acqussent River which
entereth at the westerne end of Nickatay and two miles to the East-
ward therof and to extend eight miles vp into the Countrey The
third place from Sowamsett River to Patuckquett River with Con-
sumpsit neck which is the cheef habitation of the Indians and re-
served for them to dwell vpon extending into the land eight miles
through the whole breadth thereof, together with such other smale
percells of lands as they or any of them are personally possessed of
or interessed in by vertue of any former titles or graunts whatsoever
and the said William Bradford doth by the free and full consent ap-
probacon and agreement of the said Old Planters or Purchasers
together with the likeing approbacon and acceptacon of the other
part of the said Corporacon surrender into the hands of the whole
Court consisting of the Freemen of this Corporacon of New-Plymouth
all that ther right and title power authorytie priviledges immunities
and freedomes graunted in the said Letters Patents by the said Right
Honorable Councell for New England reserueing his and their per-
sonall Right of Freemen together with the said old Planters aforesaid
except the said Lands before excepted, declaring the Freemen of
this present Corporacon together with all such as shall be legally ad-
mitted into the same his associates And the said William Bradford
for him his heires and assignes doe further hereby promise and graunt
to doe and performe whatsoever further thinge or thinges act or acts
which in him lieih which shalhe needfull and expedient for the better
confirmeing and establishinge the said premisses as by Counsell
learned in the Laws shalbe reasonably advised and devised when he
shalhe therevnto required In witnes whereof the said William Brad-
ford hath in Publicke Court surrendered the said Letters Patents
actually into the hands and power of the said Court bynding himselfe
his heires executors administrators and assignes to deliver vp what-

APPENDIX. 307

soever specialties are in his hands that do or may concerne the
same.

Memorand. That the said surrender was made by the said Wil-
liam Bradford in piiblicke Court to Nathaniel Sovvther especially
authorised by the whole Court to receive the same together with the
said Letters Patents in the name and for the use of the whole Body
of Freemen.

It is ordered by the Court that Mr William Bradford shall have
the keepeing of the said Letters Patents which were afterwards de-
livered vnto him by the said Nathaniel Sovvther in the Publicke
Court.

Proceedings of the General Court relative to a Con-
federation WITH THE other CoLONIES.

Sept. 27, 1642.

The Court being mett together & haveing Intelligence of a gen-
erall conspiracy intended by the Natives to cutt of all the English
in this land tooke the same into serious consideration and duly way-
ing such informacons w<^'' they have received together w'*^ the cir-
cumstances concurring there w''i all do adjudge it absolutely needful
and requisite to make speedy preparacon thoroughout the govern-
ment for a defensive and offensive warr against them as if they were
presently to be sent forth.

2. It is agreed and concluded that Mr Edward Winslow, Mr
Timothy Hatherley & Captaine Miles Standish shall be sent into
the Bay to & have power to agitate and conclude w'h them for a
present combinacon or league but not to conclude that w^'^out con-
sent of the Court here.

Their Commission is as followeth.
Mr Edward Winslow, Mr Timothy Hatherley and Captaine Miles
Standish are deputed and authorized by the Gen^" Court this day to
treate and conclude w''' such Commissioners as the Gov & Court of
Massachusetts shall appoynt for that purpose upon such heads and
propositions as the Lord shall direct them for our combineing
together mutually in a defensive and offensive warr for our present
defence against the intended surprisall of the Natives. And also to
treate and confer w^^ them about a further combinacon and league to

308 APPENDIX.

be concluded betwixt us for future tytnes and lo certefy this Court
of the heads thereof that upon our approbacon of the same they may
be confirmed by a gen 'all Court.

June 6, 1643.
It is ordered and concluded by the Court that Mr Edward Wins-
low, and Mr William Collyer shall have full Commission and Au-
thority in Name of the whole Court to subscribe the Articles of
Confederacon (now read in the Comt) with the Massachusetts
Conectacutt and New Haven and to subscribe the same in name of
the whole and to affix thereto the Comon Scale of the Government.

Articles of Confederation between the Plantations
vnder the gouernment of the massachusetts the

PlANTACONS VNDER THE GoUERNMENT OF NeW-PlYMOUTH
THE PlANTACONS VNDER THE GoUERNMENT OF CoNNECTA-
CUTT AND THE GoUERNMENT OF NeW-HaVEN WITH THE
PlANTACONS in CoMBINACON THEREWITH.

Whereas wee all came into these parts of America with one and
the same end and ayme namely to advaunce the Kingdome of our
Lord Jesus Christ and to enjoy the liberties of ihe Gospell in puritie
with peace And whereas in our settleinge (by a wise Providence
of God) we are further dispersed vpon the Sea Coasts and Riuers
then was at first intended, so that we cannot according to our desire
with convenience communicate in one Gouernment and Jurisdiccon :
And whereas we live encompassed with people of seueral Nations
and Strang languages which hereafter may proue injurious to vs, or
our posteriiie. And foiasuiuch as ihe Natiues have formerly com-
mitted sondry insolences and outrages vpon seueral Plantacons of the
English and have of late combined themselues against vs And seing
by reason of those sad Distraccons in England which they have
heard of, and by which they know we are hindred from that humble
way of seekinge advise, or reapeing those comfortable fruits of pro-
tection which at other lymes we might well expecte Wee therefore
doe conceiue it our bounden Dutye without delay to enter into a
present Consotiation amongst our seines for mutuall help and strength
in all our future concernements : That as in Nation and Religion so
in other Respects we bee and continue one according to the tenor

APPENDIX. 309

and true meaneing of the ensuing Articles : Wherefore it is fully
agreed and concluded by and betweene the parties or Jurisdiccons
aboue named and they joyntly and seuerally doe by these presents
agree and conclude That they all bee and henceforth bee called by
the Name of The United Colonies of Mic-England.

II. The said United Colonies for ihemselues and their posterities
do joyntly and seuerally hereby enter into a firme and perpetuall
league of Frendship and amytie for offence and defence mutuall ad-
vise and succour vpon all just occations both for preserueing and
propagateing the truth and liberties of the Gospell and for their ovvne
mutuall safety and wellfare.

3. It is further agreed That the Plantacons which at present are
or hereafter shalbe settled within the limmetts of the Massachusetts
shalbe forever vnder the Massachusetts and shall have peculiar Juris-
diccon among themselues in all cases as an entire Body and that
Plymouth Connecktacutt and New Haven shall eich of them haue
like peculier Jurisdiccon and Gouernment within their limmetts and
in reference to the Plantacons which already are setled or shall here-
after be erected or shall settle within their limmetts respectiuely
Prouided that no other Jurisdiccon shall hereafter be taken in as a
distinct head or member of this Confederacon nor shall any other
Plantacon or Jurisdiccon in present being and not already in Comby-
nacon or vnder the Jurisdiccon of any of these Confederats be
received by any of them nor shall any two of the Confederates joyne
in one Jurisdiccon without consent of the rest which consent to be
interpreted as is expressed in the sixt Article ensuinge.

4. It is by these Confederats agreed that the charge of all just
warrs whether offensiue or defensiue upon what part or member of
this Confederacon soeuer they fall, shall both in men and provisions
and all other Disbursements be borne by all the parts of this Confed-
eracon in different proporcons according to their different abillitie in
manner following, namely that the Commissioners for eich Jurisdic-
con from tyme to tyme a? there shalbe occation bring a true account
and number of all the males in euery Plantacon or any way belonging
to or under their seueral Jurisdiccons of what quallyly or condicon
soeuer they bee from sixteene yeeres old to threescore being Inhab-
itants there And that according to the different numbers which
from tyme to tyme shalbe found in eich Jurisdiccon upon a true and
just account, the service of men and all charges of the warr be borne
by the Poll : eich Jurisdiccon or Plantacon being left to their ovvne

310 APPENDIX.

just course and custome of rating themselues and people according
to their different estates with due respects to their quallites and ex-
emptions among themselues though the Confederacon take no notice
of any such priviledg : and that according to their differrent charge
of eich Jurisdiccon and plantacon, the whole advantage of the warr
(if it please God to bless their Endeavours) whether it be in lands
goods or persons shall be proporlionably deuided among the said
Confederals.

5. It is further agreed That if any of these Jurisdiccons or any
plantacon vnder or in combynacon with them be envaded by any
enemie whomsoeuer vpon notice and request of any three majestrats
of that Jurisdiccon so invaded the rest of the Confederates without
any further meeting or expostulacon shall forthwith send ayde to the
Confederate in danger but in different proporcons ; namely the Mas-
sachusetts an hundred men sufficiently armed and provided for such
a service and jorney, and eich of the rest fourty fine so armed and
provided, or any lesse number, if lesse be required, according to this
proporcon. But if such Confederate in danger may be supplyed by
their next Confederate, not exceeding the number hereby agreed,
they may craue help there, and seeke no further for the present :
the charge to be borne as in this Article is exprest : And at the re-
turne to be victualled and supplyed with poder and shott for their
journey (if there bee neede) by that Jurisdiccon which employed or
sent for them : But none of the Jurisdiccons to exceed these num-
bers till by a meeting of the Commissioners for this Confederacon a
greater ayd appeare necessary. And this proporcon to continue till
upon knowledge of greater numbers in eich Jurisdiccon which shalbe
brought to the next meeting some other proporcon be ordered. But
in any such case of sending men for present ayd whether before or
after such order or alteracon, it is agreed that at the meeting of the
Commissioners for this Confederacon, the cause of such warr or in-
vasion be duly considered : And if it appeare that the fault lay in the
parties so invaded that then that Jurisdiccon or plantacon make just
Satisfaccon, both to the Invaders whom they have injured, and beare
all the charges of the warr themselves without requireing any allow-
ance from the rest of the Confederals towards the same And further
that if any Jurisdiccon see any danger of any Invasion approaching,
and tiiere be lyme for a meeting that in such case three majestrats of
that Jurisdiccon may summon a meeting at such convenyent place as
themselues shall think meete, to consider and provide against the

APPENDIX. 31 1

threatned danger Provided when they are met they may remoue to
what place they please Onely whilst any of these foiire Confederats
have but three Majestrats in their Jurisdiccon, their request or sum-
mons from any two of them shalbe accounted of equall force with the
three menconed in both the clauses of this Article, till there be an
encrease of Majestrats there.

6. It is also agreed that for the mannaging and concluding of all
affaires proper and concerneing the whole Confederacon two Com-
missioners shalbe chosen by and out of eich of these foure Jurisdic-
cons namely two for the Mattachusetts, two for Plymouth, two for
Connectacutt and two for New Haven being all in Church fellowship
with us which shall bring full power from their seueral generall Courts
respectively to heare examine weigh and determine all affaires of our
warr or peace leagues ayds charges and numbers of men for warr
division of spoyles and whatsoever is gotten by conquest receiueing
of more Confederats for Plantacons into combinacon with any of the
Confederates and all thinges of like nature which are the proper con-
comitants or consequents of such a confederacon for amytie offence
and defence not intermeddleing with the gouernment of any of the
Jurisdiccons which by the third Article is preserued entirely to
themselues. But if these eight Commissioners when they meete
shall not all agree yet it is concluded that any six of the eight agree-
ing shall have power to settle and determine the business in question :
But if six do not agree that then such proposicons with their reasons
so farr as they have beene debated be sent and referred to the foure
generall Courts vizt. the Mattachusetts Plymouth Conectacutt and
New Haven : And if at all the said Generall Courts the businesse
so referred be concluded then to bee prosecuted by the Confederates
and all their members It is further agreed that these eight Commis-
sioners shall meete once every yeare besides extraordinary meetings
(according to the fift Article) to consider treate and conclude of all
affaires belonging to this Confederacon which meeting shall euer be
the first Thursday in September. And that the next meeting after
the date of these presents which shalbe accounted the second meet-
ing shalbe at Bostone in the Massachusetts the third at Hartford the
fourth at New Haven the fift at Plymouth the sixt and seaventh at
Boston And then Hartford New Haven and Plymouth and so in
course successiuely, if in the meane tyme some middle place be not
found out and agreed on which may be commodious for all the Juris-
diccons.

312 APPENDIX.

7. It is further agreed that at eich meeting of these eight Com-
missioners whether ordinary or extraordinary they or six of them
agreeing as before may chose their President out of themselues
whose office and worke shalbe to take care and direct for order and
a comely carrying on of all proceedings in the present meeting : but
he shalbe invested with no such power or respect, as by which he
shall hinder the propounding or progresse of any businesse or any
way cast the Scales otherwise then in the precedent article is agreed.

8. It is also agreed that the Commissioners for this Confederacon
hereafter at their meetings whether ordinary or extraordinary as they
may have Comission or opertunitie do endeavoure to frame and es-
tablish agreements and orders in generall cases of a civill nature
wherein all the Plantacons are interessed for preserving peace among
themselues and preventing as much as may bee all occations of warr
or differences with others, as about the free and speedy passage of
Justice in every Jurisdiccon, to all the Confederals equally as to
their owne, receiveing those that remoue from one plantacon to
another without due certefycats ; how all the Jurisdiccons may carry
it towards the Indians, that they neither grow insolent nor be injured
without due satisfaccion, lest warr break in vpon the Confederates
through such miscarryage. It is also agreed that if any servant runn
away from his master into any other of these confederated Jurisdic-
cons That in such Case vpon the Certyficate of one Majestrate in
the Jurisdiccon out of which the said servant fled or vpon other due
proofe, the said servant shalbe deliuered either to his Master or any
other that pursues and brings such Certificate or proofe. And that
vpon the escape of any prisoner whatsoever or fugitiue for any crim-
inall cause, whether breakeing prison or getting from the officer or
otherwise escapeing vpon the certificate of two Magistrals of the
Jurisdiccon out of which the escape is made, that he was a prisoner
or such an offender at the lyme of the escape. The Majestrates or
some of them of that Jurisdiccon where for the present the said
prisoner or fugitive abideth shall forthwith graunt such a warrant as
the case will beare for the apprehending of any such person, and the
delivery of him into the hands of the officer or other person who
pursues him. And if there be help required for the safe returneing
of any such ofTendor, then it shalbe graunted to him that craves the
same he paying the charges thereof.

9. And for that the justest warrs may be of dangerous consequence
"-spetially to the smaler plantacons in these vnited Colonies It is

APPENDIX. 313

agreed that neither the Massachusetts, Plymouth, Connectacutt nor
New-Haven, nor any of the members of any of them shall at any
tyme hereafter begin undertake or engage ihemselues or this Confed-
eracon or any part thereof in any vvarr whatsoever (sudden exegents
with the necessary consequents thereof excepted) which are also to
be moderated as much as the case will permit) without the consent
and agreement of the forenamed eight Comissioners or at least six
of them, as in the sixt Article is provided : And that no charge be
required of any of the Confederats in case of a defensiue warr till the
said Comissioners haue mett and approued the justice of the warr ;
and have agreed vpon the sum of money to be levyed which sum is
then to be payd by the severall Confederates in proporcon according
to the fourth Article.

10. That in extraordinary occations when meetings are summoned
by three Majestrats of any Jurisdiccon, or two as in the fift Article
If any of the Comissioners come not due warneing being given or
sent It is agreed that foure of the Comissioners shall have power
to direct a warr which cannot be delayed and to send for due propor-
cons of men out of eich Jurisdiccon, as well as six might doe if all
mett ; but not less then six shall determine the justice of the warr or
allow the demaunde or bills of charges or cause any levies to be
made for the same.

11. It is further agreed that if any of the Confederates shall here-
after break any of these present Articles, or be any other wayes
injurious to any one of thother Jurisdiccons, such breach of Agree-
ment, or injurie shalbe duly considered and ordered by the Comis-
sioners for thother jurisdiccons, that both peace and this present
Confederacon may be entirely preserued without violacon.

12. Lastly this perpetuall Confederacon and the several Articles
and Agreements thereof being read and seriously considered both by
the Generall Court for the Massachusetts, and by the Comissioners
for Plymouth Conectacutt and New-Haven were fully allowed and
confirmed by three of the forenamed Confederates namely the Massa-
chusetts Conectacutt and New-Haven Onely the Comissioners for
Plymouth haveing no Comission to conclude, desired respite till they
might advise with their Generall Court, wherevpon it was agreed and
concluded by the said Court of the Massachusetts and the Comis-
sioners for the other two Confederates That if Plymouth Consent,
then the whole treaty as it stands in these present articles is and shall
continue firnie and stable without alteracon : But if Plymouth come

40

314 APPENDIX.

not in, yet the other three Confederates doe by these presents con-
firrne the whole Confederacon and all the Articles thereof : onely n
September next when the second meeting of the Comissioners is to
be at Bostone, new consideracon may be taken of the sixt Article
which concernes number of Comissioners for meeting and concluding
the affaires of this Confederacon to the satisfaccon of the Court of
the Massachusetts, and the Comissioners for thother two Confeder-
ates but the rest to stand vnquestioned. In testymony whereof the
Generall Court of the Massachusetts by their Secretary and the
Comissioners for Conectacutt and New-Haven haue subscribed these
presente articles this xixth of the third month commonly called May
Anno Domini 1643.

At a Meeting of the Comissioners for the Confederacon held at
Boston the seaventh of September. It appeareing that the Generall
Court of New Plymouth and the several Towneships thereof have
read considered and approoued these articles of Confederacon, as
appeareth by Comission from their Generall Court beareing Date the
xxixth of August 1643 to Mr. Edward Winslowe and Mr. Will.
Collyer to ratifye and confirme the same on their behalf wee there-
fore the Comissioners for the Mattachusetts Conecktacutt and New
Haven doe also for ourseueral Gouernments subscribe vnto them.

JOHN WINTHROP Governor Massachusetts
THO. DUDLEY THEOPH. EATON

GEO. FENWICK EDWA. HOPKINS

THOMAS GREGSON.

Articles of Confeaderation between the Plantations

UNDER the GoUERMENT OF THE MASSACHUSETTS ThE

Plantations vnder the Gouernment of New Ply-
mouth ; AND THE Plantations vnder the Gouerment
OF Coneoticott ;

Whereas wee all came into these partes of America with one and
the same end and aime viz. To advance the kingdome of our Lord
lesus Christ ; and to Injoy the Liberties of the Gospell in puritie
with peace ; And wheras in our settleing by a wise providence of
God wee are further dispersed vpon the sea coasts and Riuers then
was first intended ; soe that wee cannot according to our desire with

APPENDIX. 315

conuenlencye comunicate in one Gouernment and Jurisdiction ; and
wheras wee are compassed witli people of seuerall nations and strange
languages ; which heerafter may proue injurious to vs and our pos-
teritie and forasmuch as the natiues haue formerly comited sundry
insolencyes and outrages vpon seuerall Plantations of the English ;
and haue seueral times combined themselues against vs ; and seeing
by reason of our distance from England (our deare natiue Countrey)
wee are hindred both from that humble way of seeking aduice and
reaping those comfortable fruites of protection which wee might oth-
erwise well expect ; wee therfore accoumpt it our duty as well as
saftey To enter into a confeaderation for mutuall healp and succor in
all our future concernments ; that as in nation and religion ; soe in
other respects ; wee be and continew one ; according to the tenure
and true meaning of the Insueing articles ;

1. Wherfore it is agreed and concluded by and between the par-
ties or Jurisdictions abouenamed and they doe loyntly and seuerally
by these presents agree and conclude that they all be and henceforth
be called by the name of the vnited Collonies of New England ;

2. The said vnited Collonies for themselues and theire posterities
doe loyntly and seuerally heerby enter into a feirme and perpetuall
League of friendshipp and amity ; mutuall aduise and succor vpon all
Just occasions ; both for preserueing and propagateing the truth and
liberties of the Gospell and for theire owne mutuall safety and wel-
fare ; prouidcd notwithstanding that the power of determination of an
offenciue Warr properly soe called (soe as to engage the Collonies
therin) shalbe in the seuerall Generall Courts of the aforernencioned
Confeaderates ;

3. It is agreed that the plantations which att present are or heer-
after shall be settled within the Lymetts of the Massachusetts shalbe
for euer vnder the Gouerment of the Massachusetts and haue pe-
culiar Jurisdiction amongst themselues as an Intire body and that
Plymouth and Conecticott each of them in all Respects haue the
like peculiare lurisdiction and Gouerment within theire Lymetts ;
according to theire Respectiue Letters Pattents from his Majestic
prouided that noe other lurisdiction shall heerafter be taken in as a
distinct head or member of this Confederation ; nor shall any other
plantation or lurisdiction in present being and not alreddy in Combi-
nation or vnder the lurisdiction of any of these Confeaderates loyne
in one lurisdiction without the consent of the seuerall Generall
Courts of the aboue named Confeaderates ;

316 APPENDIX.

4. It is alsoe agreed that for the manageing and concluding of all
affaires proper to and concerning the whole Confeaderation (not ex-
cepted against in these articles) two Comissioners shalbe chosen by
and out of each of these three Jurisdictions, viz. two for the Massa-
chusetts two for Plymouth and two for Conecticott ; (being all in
Church fellowship with vs) whoe shall bringe full power from theire
Generall Courts Respectiuely to heare examine and weigh and de-
termine the same ; But if these six Comissioners when mett shall not
all agree yett it is concluded that any fiue of the six agreeing shall
haue power to settle and determine the case in controuercye but if
fiue doe not agree ; That then such propositions with theire Reasons
soe farr as they haue bine debated be sent and Refered to the seu-
eral Generall Courts ; and if by all the said Courts there be a con-
currance in the matter soe Refered then to be accordingly procecuted
by all the confeaderates and all theire Members ;

5. It is further agreed that the Comissioners for the vnited Collo-
nies shall meet but once in three yeeres except in cases extreordi-
nary which meetings shall euer be on the first Thursday in Septem-
ber and that the next meeting after the date of these presents shalbe
att Plymouth which shalbe accoumpted the first meeting the second
att Boston ; the third att Hartford ; the fourth att Boston ; the fift
att Hartford ; and soe the meeting wilbe but once in fifteen yeers
att Plymouth and double soe often in the other Collonies if in the
mean time some middle place be not found out and agreed on which
may be comodious to all ;

6. It is further agreed that att each meeting of these six Comis-
sioners whether ordinary or extreordlnary they may chose theire
Presedent out of themselues ; whose office and worke shalbe to take
care and direct for order and a comly carrying of all proceedings in
the present meeting ; But hee shalbe Inuested with noe such power
by which hee may hinder the propounding or progresse of any busi-
nes or any way cast the scales otherwise then in the present articles
is agreed ;

7. It is alsoe agreed that the Comissioners for this confeaderation
heerafter att theire meetings whether ordinary or extreordinary as
they may haue Comission or oppertunitie may consult of and propose
to the seueral Generall Courts to be by them allowed and established
such orders in generall cases of a Civill nature wherin all the planta-
tions are Interested ; for preserueing peace amongst themselues ; and
preuenting as much as may be all occations of warr and differences

APPENDIX. 317

with others ; as about the free and speedy passage of Tustice in each
lurisdiction to all the confeaderates equally as to theire owne ; Re-
ceiueing of those that Remoue from one plantation to another ; how
all the Lirisdictions may carry towards the Indians that they neither
grow Insolent nor be Injuried without due satisfaction least warr
break in vpon the Confeaderates through such miscarriages ; It is
alsoe agreed that if any seruant Run away from his master into any
of these confeaderated lurisdictions That in such case vpon the
certificate of one Majestrate in the lurisdiction out of which the said
seruant fled or vpon other due ProfFe ; the said seruant shalbe de-
liuered either to his Master or any other that pursues and bringes
such Certificate or proofe ; and that vpon the escape of any prisoner
whatsoeuer or fugatiue for any criminall cause whether breakeing
prison or giting from the officer or otherwise escapeing upon the
Certificate of one Magestrate of the lurisdiction out of which the
Escape is made that hee was prisoner or such an offender att the
time of the escape ; The Majestrates or some of them of that luris-
diction where for the present the said prisoner or fugatiue abideth
shall forthwith graunt such a warrant as the case will beare for the
apprehending any such person ; and the deliuering of him or her into
the hand of the pursuer and if healp be required it shalbe graunted,
hee paying the charge therof ;

8. It is further agreed that for the disposeing of the Indian Stocke
for the future the choice of the Comissioners of the seuerall Collo-
nies being annually as formerly The Comissioners of the Massachu-
setts with such others as shalbe present or any three of the Comis-
sioners meeting yeerly att Boston or elsewhere as they shall agree
and at the vsuall time They may doe any acte for the manageing and
ordering of that affaire as though all the Comissioners were present ;
and what they shall doe heerin they shall keep a true Record therof;
and transmit the accoumpt of the same from time to time to the
trianvall meeting of the Comissioners ;

9. It is agreed alsoe by these confeaderates That the charge of
all lust Warrs whether offenciue or defenciue vpon what parte or
member of this confeaderation soeuer they fall shall both in men pro-
uissions and all other Disbursments be bourne by all the partes of the
confeaderation in different proportions according theire different abil-
lilies viz : that the Rule for proportioning men and Raiseing of mon-
eyes for the defraying of such charges as may from time to time arise
vpon any warr defenciue or offenciue begun and carryed on according

318 APPENDIX.

to the articles of confeaderation shalbe as followeth ; The Massachu-
setts one hundred Plymouth thirty Conecticott sixty ; and this Rule
to conlinew for fifteen yeers next coming after the begining of the
meeting of the Comissioners, to be held att Plymouth in September
next ; and then if any one or more of the confeaderates shall appre-
hend the abouesaid proportion to bee vnequall that then matters
shalbe againe considered ; by the Comissioners and what they shall
agree vpon shalbe presented to the seuerall Generall Courts for theire
acceptance and confeirmation ; each lurisdiction or plantation being
left to theire ovvne lust course and custome of Rateing themselues
and people and that according to the different charge of each luris-
diction and plantation The whole aduantage of the warr if it please
God soe to blesse theire Indeauors whether it be in lands goods or
persons shalbe proportionably deuided amongst the said confederates;

10. It is further agreed that if any of these Jurisdictions or any
Plantation vnder them be invaded by any enimie whomsoeuer vpon
any notice or request of any three Majestrates of that Jurisdiction
soe invaded the rest of the Confeaderates without any further meet-
ing or expostulation shall forthwith send aide to the Confederate in
danger but in different proportions viz : The Massachusetts one
hundred men sufficiently armed for such a service and expedition
Plymouth thirty men soe armed and prouided and Conecticott sixty
men so armed and prouided ; or any lesse number if lesse be re-
quired ; according to this proportion ; but if such confederate in
danger may be supplyed by the next confeaderate not exceeding the
numbers heerby agreed ; they may craue healp there and seeke noe
further for the present ; the charge to be bourne by the seuerall Col-
lonies according to their proportions abouesaid ; and alt theire re-
turne to be victualled and supplyed with powder and shott if there
be need for theire journey by that Jurisdiction that Imployed or sent
for them ; but in any such case of sending men for present aide
whether before or after such order or alteration ; It is agreed that att
the meeting of the Comissioners for this Confeaderation the cause of
such warr or Invasion be duely considered ; and if it appeer that the
fault lay in the parties soe invaded that then that Jurisdiction or plan-
tation make just satisfaction both to the Invaders whom they haue
injuried ; and beare all the charges of the warr themselues without
requireing any alowance from the Rest of the Confederates towards
the same ;

1 1 . And for that the justest warr may be of dangerous conse-

APPENDIX. 319

quence especially to the smaller plantations in those vnited Collonies ;
It is agreed that neither the Massachusetts Plymouth nor Conecti-
cott nor any of the members of any of them shall att any time heer-
after begin vndertake or engage themselues or this Confeadrration in
any warr vvhatsoeuer (suddaine exegencyes with the nessesarie con-
sequences therof excepted ; which are alsoe to be moderated as
much as the case will permitt) without the consent of the seueral
Generall Courts of the vnited Collonies ;

12. It is alsoe agreed that incase of any suddaine exegensies or
other waighty occasions requiring the meeting of the Comissioners
before the ordinary time the Gouernor or any three Majestrates of
any of the confederate Jurisdictions may summon a meeting of the
Comissioners ; briefly signifying the occation therof and the time and
place of the meeting which shalbe accordingly attended by the Com-
issioners of all the confeaderare Jurisdictions ; and when mett they
may adjourn to any other time or place as they shall see meet ;

13. It is alsoe agreed for setlleing of vagabonds and wandering
persons remoueing from one Collonie to another to the disatisfaction
and burthen of the places where they come as dayly experience
sheweth vs ; for the future it is ordered, that wher any person or
persons shalbe found in any Jurisdiction to haue had theire abode for
more then three monthes and not warned out by the authoritie of the
place ; and incase of the neglect of any person soe warned as aboue-
said to depart ; if hee be not by the first oppertunitie that the season
will permitt sent away from Constable to Constable ; to the end that
hee may be returned to the place of his former aboad ; euery such
person or persons shalbe accoumpted an Inhabitant where they are
soe found, and by them gouerned and provided for as theire condi-
tion may require and in all such cases the Charge of the Constables
to be bourne by the Treasurer where the said Constables doe dwell ;

14. It is agreed that if any of the Confeaderates shall heerafter
break any of these present articles or be in any other way injurious
to any of the confederat Jurisdictions such breach of agreement or
injury shalbe duely considered and ordered by the Comissioners for
the other Jurisdictions ; that both peace and this Confeaderation
may be preserued without violation ;

15. Wheras in the former Articles agreed vpon May the 29th.
1643 for the vnited Collonies aboue named Newhauen is therein
mensioned and was owned as a distinct Confeaderate and is by these
included and concluded as one with Conecticott, the abovesaid vnion

320 APPENDIX.

shall alwaies be interpreted as by theire owne Confession and not
otherwise ;

Now wheras for many years past vpon diners good Considerations
there was a Confeaderation agreed vpon by the antient English Col-
lonies under his Majesties Authoritie in New England for mutuall
healp support and defence ; as alsoe for the better maintaining his
Majesties Interest against any opposition or incursion of the barbarous
natiues and others as appeereth by articles that were agreed vpon in
the year 1643 and are vpon Record to bee seen wherby the said
Collonies haue bin soe vnited as haue proued very beneficiall to all
his Majesties subjects in these partes for dieire peace and securitie ;
And wheras the seuerall Generall Courts of the said Collonies haue
seen cause to renew the said Confeaderation ; with some nessesary
alteration and addition to the said Articles as is more fully expressed
in the Articles aboue written ; and also wheras the Generall Court
for the Massachusetts Collonie by theire Comission dated in Boston
in August 1672 haue nominated Thomas Danforth Esqr. and Major
Willam Hawthorne Esqr. their Comissioners Inuesting them with
full power and authoritie to signe ratify and confeirme the aboue
Recited Articles of Confeaderation ; And in like manor the Generall
Court held att Plymouth June the fift 1672 haue nominated Thomas
Prence Esqr. and Major Josias Winslow Esqr. Inuesting them with
like power ; And the Generall Court of Connecticott Collonie held
att Hartford May the 9ih. and June the 26th. 1672 haue in like
manor nominated John Winthorpe Esqr. and James Richards Esqr.
Investing them with like power ; The abouesaid Comissioners being
assembled att Plymouth September the fift 1672 haue read and ex-
amined these aboue written Articles, doe according to theire said
Comissions ; and by vertue thereof clearly and absolutely rattify and
confeirme the same ; for the Reestablishing of a perpetuall Confead-
eration between the abouenamed Collonies ; as was the declared in-
tensions of the former Articles : In confeirmation wherof, the
Comissioners aboue named, by the authoritie graunted vnto them
from their seuerall Generall Courts ; and in theire name and sted,
haue heervnto subscribed theire hands In Plymouth September the
fift 1672;

JOHN WINTHORPE JOSIAS WINSLOW
JAMES RICHARDS THOMAS DANFORTH
THOMAS PRENCE WILLAM HAWTHORNE

APPENDIX. 321

Proceedings of the General Court relative to the
Confederation of the Colonies, and the appointment
OF Thomas Prence Commissioner to settle Govern-
ment AT Kennebeck.

Att the generall Court holden at New Plymouth the seventh of
March 1653 before William Bradford gendeman Governor Thomas
Prence Myles Standish Timothy Hatherley John Browne John
Alden and Thomas Willett gentlemen Assistants, &c.

The deputies of each Towne appeering according to the Summons
directed to each Towne for that purpose ; The occasion for sending
for them was declared, viz. That whereas a Letter hath been som
time sence Received from the generall court of the Massachusetts
concerning the Confeaderacon of the vnited Collonies whereunto an
answare was Required to bee made accordingly the court framed an
answare and ordered that in theire name it should bee sent with the
first conveniency.

2. That wheras sundry have Intrenched vpon the Liberties of the
trad belonging to vs att Kennebeck ; and whereas also Letters Pa-
tents have been granted and sent over from the honorable Court of
Parliament and Counsell of State thereby giving and graunting vnto
this Jurisdiction the aforesaid Liberties of Trad in the aforesaid River
with enlargement as alsoe Requiring that such due course should bee
taken as that the English Residing in the said River should bee or-
derly governed and carried on in a way of peace for their comoa
good in civill concernments The Court taking the premisses into due
and serius consideracon did constitute, authorise and comissionate
Mr. Thomas Prence one of the honoured magistrates of this Juris-
diction with full and ample power to summons all and every the
Inhabitants as he shall see meet dwelling within the aforesaid River
of Kennebeck vnto some convenient place to receive from him such
Instructions and orders extant which he hath Received from the
aforesaid generall court full power to require their observance of with
full power alsoe to assume vnto himselfe any other person or persons
whatsoever to bee assistant vnto him in the premisses.

41

322 APPENDIX.

Instructions from the General Court to Thomas Prence,
Esq. Comissionated for the erecting some orderly
Government amongst the Inhabitants of the River of
Kennebecke.

1. That vpon theire appeerance att his summons hee tender and
Require them to take the oath of fidelitie for the State of England
and this present Goverment of New Plymouth ;

2. That hee acquaint them with the body of lawes of this gover-
ment, our Intention being not to expect theire strict observeance of
every thing peculiare to our selves but considering the distance of the
place wee doe allow them libertie to make choise of such to bee
assistant to our Comissioner as he shall approve of for the making of
such further orders as may best conduce to theire welfare.

3. That none bee allowed for Inhabitants theire but such as will
take the oath of fidelitie as abovesaid.

4. That such persons onely as have taken the said oath of fidelitie
shall acte in the choise of such as may be assistant to our Comissioner
as aforesaid in making and executing such orders as may bee thought
fitt to bee established amongst them ; and the said Assistants to acte
as if they were actually freemen for the present vntell further order
bee taken.

The oath to bee taken of all such Inhabitants as shalbee allowed
to reside in the liberties of this Government att the River of Kenne-
becke is as folio weth.

You shalbe true and faithfull to the State of England as it is now
established and whereas you choose att present to Reside within the
Goverment of New Plymouth you shall not doe or cause to be done
any acte or actes directly or indirectly by land or water that shall or
may tend to the destruction or overthrow of the whole or parte of
this goverment that shalbee orderly erected or established ; but shall
contrary wise hinder oppose and descover such entents and purposes
as tend thereunto to those that are in place for the time being that
the Goverment may be enformed thereof with all convenient speed ;
you shall also submitt and observe all such good and wholesome lawes
ordinance and officers as are or shalbee established within the several
Liinitts thereof; soe help you God whoe is the God of truth and
punisher of falsliood.

APPENDIX. 323

Government established at Kennebeck.

Whereas itt hath pleased the Right honorable the counsell of State
of the common Wealth of England notwithstanding their many great
and weighty occasions to take into consideracon the condition of the
English inhabiting vpon or neare adjoyning vnto the River commonly
called Kenibeck whoe by Reason of Remoteness from other Juris-
dictions and theire owne pawcitie and fewnes have not hetherto en-
joyed the benifit of Gouerment noe doubt to the great greife of all well
affected English It hath now pleased the Right honorable Counsell of
State by authoretie of Parliament to confer the Gouerment of the
aforesaid Inhabitants vpon the Jurisdiction of New Plymouth the first
Inhabitants and Govermeut in those partes as by their Letters Patents
doth appeer.

In pursuance wherof and by vertue of the aforesaid authoritie
graunted to Willam Bradford and his Associates the said Willam
Bradford and his associates at a generall Court held at New Ply-
mouth gave full power and authoritie to Mr. Thomas Prence one of
the assistants in the aforesaid Gouerment for the settling of a Gouer-
ment vpon the said River Kennebecke by vertue whereof the said
Thomas Prence Issued out a warrant directed to the Marshall of
New Plymouth bearing date the 1 5th of May 1654 requiring the
Inhabitants vpon the said River to make theire personall appeerance
at the House of Thomas Ashley at Merry Meeting vpon the 23d of
that present month att which time and place the People Generally
assembled and after publishing of the aforesaid authoritie the Inhabi-
tants here vnder written have taken the oath of fidelitie viz.

Thomas Purchase gentn. John Browne

John Stone Willam Davis

Thomas Ashley Thomas Weber

John Richards Thomas Atkins

James Smith James Coale

Willam James John Parker

Thomas Parker Emanuel Hughes

John White Alexander Thawyt.

Orders made and agreed vpon at the same Meetinge.
1. That all Capitall Crimes and trialls vpon life and death bee
Referred to the Generall Court att Plymouth.

324 APPENDIX.

1. Treason against the Commonwealth of England or these Colo-
nies.

2. Willfull murther.

3. SoUem Conversing or compacting with the Divil by way of
Conjurecon or the like.

4. Willfull or purposed burning of Bouses.

5. Sodomy Rapes and Buggery.

6. That adultery be tried att Plymouth.

7. That Theft bee punished by restitution of three or 4 fold ac-
cording to the nature of the offence and according to the discretion
of the assistants.

8. That if any person or persons drinke themselves drunke for the
first default 5s for the 2cond 10s and the 3d time bee sett in the
stocks.

9. Wilfull Prophaning of the Lords day to be punished according
to the discretion of the assistants.

10. Whereas there hath been great abuses in trading wine and
other strong Liquors with the Indians wherby they drinke themselves
drunke, and in theire drunkenness coniitt much horrid wickedness as
murthering theire nearest Relations &c as by sadd and woefull expe-
rience is made manifest, It is therefore ordered that noe person or
persons whatsoever from this time Trad any strong Liquors directly
or indirectly to the Indians within this Jurisdiction vpon the forfeiture
of the dubble valine of goods soe traded for theire first default and
four fould for theire 2cond default in that kind and for the third
default if an Inhabitant to lose the priviledge of tradinge with the
Indians for the future ; and for any stranger that shall come to
trade or comerce with the English or any other that have not taken
the oath of fidelitie to the commonwealth of England and this present
Gouerment and yett Reside within the Limits of this Jurisdiction or
any parte therof for the Present, for theire first default in that kind
to forfeite the summe of ten pounds sterling to be Levied vpon theire
goods or estate that shallbee found within this Jurisdiction or any
parte therof and for the 2cond default 20lb. sterling to bee levied as
aforesaid ; The one halfe of all such penalties to be desposed of to
the persons enforming and the other halfe to the publicke vscs.

1 1 . That fishing and fowling be free to all the Inhabitants as for-
merly,

12. That if any Indian or Indians bring beauor or moose to any

APPENDIX. 326

of the Inhabitants of this River, within theire owne limitts they may
trad freely with them as formerly provided it bee not for such things
as are prohibited.

13. That there bee no action tried att this court exceeding 20lb.
sterling vnlesse by the consent of both parties and in case any greater
action doe arise, then the case to be tryed att the generall court att
Plymouth.

14. It is agreed that the next court is to be holden the 3d day of
the weeke following the 20th of may next att the house of Thomas
Ashley.

15. That all actions betwixt partie and partie bee tryed by the
verdict of 12 men.

Establishment of a Millitary Company.

Aug. 29, 1643.

The Court hath allowed & established a military discipline to be
erected and mayntained by the Towns of Plimouth Duxborrow and
Marshfield and have also heard their orders and established them —
viz —

ORDERS.

1. That the exercise be alwayes begun and ended with prayer.

2. That there be one procured to preach them a sermon once a
yeare, viz at the eleccon of their officers and the first to begin in
Sepf next.

3. That none shalbe received into this Millitary Company but
such as are of honest and good report & freemen not servants, and
shalbe well approved by the Officers and the whole Company or the
major part.

4. That every person after they have recorded their names in the
Millitary List shall from tyme to tyme be subject to the Comaunds
and Orders of the Officers of this Millitary Company in their places
respectively.

5. That every delinquent shalbe punished at the discretion of the
Officers and the Millitary Company or the major part thereof ac-
cording to the order of Millitary discipline & nature of the offence.

6. That all talking and not keepeing sylence during the time of

326 APPENDIX.

the exercise jereing quarrelling fighting dep'ing collers w^'^out lycence
or dismission &c or any other misdemeanor, (so adjudged to be
by the Officers and the Company or the may pt thereof) to be
accounted misdemeanors to be punished as aforesaid.

7. That every man that shalbe absent (except he be sick or some
extrordinary occation or hand of God upon him) shall pay for every
such default IP- And if he refuse to pay it upon demaund or within
one month after then to appear before the Company and be distrayned
for it and put out of the list.

8. That if any man shall (upon the dayes appoynted) come w'^out
his armes or w*'' defective armes shall forfaite for every trayneing
day as followeth —

For want of a musket or a peece approved every time - - W
For want of a sword -__--_. VI'^
For want of a vest -------- VI*^

For want of bandelires ,------ VP

Six months tyme given to pi'vide in.

9. That every man that hath entred himself upon the military list
and hath not sufficient armes & doth not or will not prcure them
w^^in six months next ensuing his name to be put out of the list.

10. That there be but sixteene pikes in the whole company (or
at the most for the third pt) viz — VIII for Plimouth VI for Dux-
borrow and II for Marshfield

1 1 . That all that are or shalbe elected chiefe Officers in this Mil-
litary Company shall be so titled and forever afterwards be so reputed
except he obtayne a higher place.

12. That every man entred into the Millitary list shall pay VI''
the quarter to the use of the Company.

13. That when any of this Millitary Company shall dye or depart
this life the company upon warneing shall come together with their
armes and inter his corpes as a souldier and according to his place
and quallytye.

14. That all that shalbe admitted into this Millitary Company shall
first take the oath of fydellyty if they have not taken it already or els
be not admitted.

15. That all postures of pike and musket, motions rankes and
files &c messengers skirmishes seiges batteries watches sentinells &c
bee alwayes p''formed according to true millitary discipline.

16. That all that will enter themselves upon this Company shalbe
propounded one day received the next day if they be approved.

APPENDIX. 327

" The Propositions made by his Majesty's Commissioners ,
TO the General Court op [New Plymouth] held at
Plymouth, for the jurisdiction of New Plymouth, the
22d op February, Anno Dom. 1665.

1. That all householders, inhabiting in the Colony, take the oath
of allegiance, and the administration of justice be in his Majesty's
name.

2. That all men of competent estates and civil conversation,
though of different judgments, may be admitted to be freemen, and
have liberty to choose and to be chosen officers, both civil and mili-
tary.

3. That all men and women, of orthodox opinions, competent
knowledge and civil lives (not scandalous) may be admitted to the
Sacrament of the Lord's supper, and their children to baptism, if
they desire it ; either by admitting them into the congregations al-
ready gathered ; or permitting them to gather themselves into such
congregations, where they may have the benefit of the sacraments.

4. That all laws and expressions in laws, derogatory to his majesty,
if any such have been made in these late troublesome times, may be
repealed, altered, and taken off from the file.

The Court's Answer.

1. To the first we consent, it having been the practice of this
court, in the first place, to insert in the oath of fidelity required of
every householder, to be truly loyal to our sovereign Lord the king,
his heirs and successors. Also to administer all acts of justice in his
Majesty's name.

2. To the second we also consent, it having been our constant
practice to admit men of competent estates and civil conversation,
though of different judgments, yet being otherwise orthodox, to be
freemen, and to have liberty to choose and be chosen officers both
civil and military.

3. To the third we cannot but acknowledge it to be a high favour
from God and from our sovereign, that we may enjoy our consciences
in point of God's worship ; the main end of transplanting ourselves
into these remote corners of the earth, and should most heartily
rejoice, that all our neighbours so qualified as in that proposition,
would adjoin themselves to our societies according to the order of

328 APPENDIX.

the gospel, for enjoyment of the sacraments to themselves and theirs,
but if, through different persuasions respecting church government, it
cannot be obtained, we would not deny a liberty to any according to
the proposition, that are truly conscientious, although differing from
us, especially where his majesty commands it, they maintaining an
able preaching ministry for the carrying on of public sabbath worship,
which, we doubt not, is his Majesty's intent, and withdraw not from
paying their due proportions of maintenance to such ministers, as are
orderly settled in the places, where they live, until they have one of
their own, and that in such places, as are capable of maintaining the
worship of God in two distinct congregations. We being greatly
encouraged by his Majesty's gracious expressions in his letter to us,
and your honour's further assurance of his Royal purpose, to con-
tinue our liberties, that where places, by reason of our paucity and
poverty, are uncapable of two, it is not intended, that such congrega-
tions as are already in being should be rooted out, but their liberties
preserved, there being other places to accommodate men of different
persuasions in societies by themselves, which, by our known experi-
ence, tends most to the preservation of peace and charity.

4. To the fourth, we consent that all laws and expressions in laws
j^lA*^ derogatory to his majesty, if any seet shall be formed amongst us,

/ Vvv *'*"*''*'^ ? which at present we are not conscious of, shall be repealed, altered
and taken off from the file.

By order of the General Court

For the Jurisdiction of JVeto Plymouth,

Per me, NATHANIEL MORTON, Secretary.

The league between the four colonies was not with any intent, that
ever we heard of, to cast off our dependence upon England, a thing
which we utterly abhor, intreating your honours to believe us, for we
speak in the presence of God.

JVew Plymouth, May 4th, 1665.

The Court doth order Mr. Constant Southworth, treasurer, to
present these to his Majesty's commissioners at Boston with all con-
venient speed."

The above propositions and answers are inserted, with some vari-
ations, in Hutchinson's History of Massachusetts, Vol. I. 214.
The remark respecting the union between the Colonies, is not on
the Colony records, it was inserted at the close of the copy delivered

^APPENDIX. 329

to the Commissioners, in conformity to a letter from the Commis-
sioners, written to Governour Prince, after they had left Plymouth.
[See Hist. Coll. V. 192.] The conditions expressed in the answer
to the third proposition, appeared so reasonable to the Commission-
ers, that when they afterward met the General Assembly of Connec-
ticut, in April 1665, their third proposition is qualified, in substance,
conformably to the Plymouth reply.

[JVIorton's JMemorial, Davis^ ed. p. 417.]

Severall Conclusions agreed on by the Councill of

WaRR ATT THEIRE MeETING HELD ATT PlIMOUTH ON THE

23 OF August 1671 as followeth :

1. The Councill of Warr haveing seriously considered of the
Case in Reference to the Phillipe the Chiefe Sachem of Poconacutt ;
he haveing neglected to answare his Ingagement to bringe in his
Armes att the day appointed ; and alsoe in his not coming in to give
the reason therof being required thereunto ; and his unkind Carriages
towards us as otherwise see in his Indeavoring to Insense our Neigh-
bour Collonie against us by misinformations and by his Insolent Car-
riages and expressions of us and against us and likewise by his enter-
taining of many strange Indians which might portend danger towards
us : In speciall by his entertaining of divers Saconett Indians pro-
fessed enimies to this Collonie ; and this against good Councell given
him by his best frinds : The premises considered doe unanimously
agree and conclude that the said Phillipe hath violated and Covenant
plighted with this Collonie at Taunton in A prill last.

2. It is unanimously agreed and concluded by the said Councell
that wee are Necessarily called to cause the said Sachem to make
his personall appearance to make his purgation in reference to the
premises, which incase of his refusall, The Councell according to
what att present appears doe determine it Necessary to Indeavor his
reducement by force ; and inasmuch as the Controversy which hath
seemed to ly more emediately between him and us doth concerne all
the English plantations ; It is therefore determined to State the Case
to our Neighbour Collonies of the Massachusetts and Rhode Hand ;
and if by theire waighiy advice to the contrary, wee are not diverted
from our present determinations to signify unto them that if they
looke upon themselves concerned to engage in the Case with us
42

330 APPENDIX.

against a common enimie : It shalbe well accepted as a Naighbourly
kindness, which wee shall hold ourselves obliged to repay when
Providence may soe dispose that wee may have opportunitie —

Accordingly letters were dispatched and sent from the Councell ;
one unto the said Phillipe the said Sachem to require his personall
appeerance att Plymouth on the 13th day of Septem.ber next in
reference to the particulars above mencioned against him : This
letter was sent by Mr James Walker one of the Councell and he
was ordered to request the Companie of Mr Roger Williams and
Mr. James Browne to goe with him att the delivery of the said
letter.

And another letter was sent to the Gov'' and Councell of the
Massachusetts by the hands of Mr John Freeman, one of our Mag-
istrates.

And a third was directed to the Gov. & Councell of Rhode Hand
and sent by Mr Thomas Hinckley and Mr Constant Southworth two
other of our Majestrates who are ordered by our Councell with the
letter to unfold our present State of matters relateing to the premises
and to Certify them alsoe more certainly of the time of meeting to-
gether in reference to engagement with the Indians ; if there be a
going forth which wilbe on the 20 of September next :

It was further ordered by the Councell that those formerly pressed
shall remaine under the same Impressment untill the next meeting of
the said Councell on the 13"^ day of September next soe alsoe untill
the Intended expedition is issued, unless they shall see cause to alter
them or adde or detrate from them as occation may require :

And that all other matters remaine as they were in way of prepa-
ration to the said expedition untill we shall see the taind of God
further by the particulars forenamed, improved for that purpose.

It was further ordered by the Councell That all the Towns within
this Jurisdiction shall in the Interem be sollissitously Carefull to pro-
vide for theire safety by convenient watches and wardings and carry-
ing theire Armes to the meetings on the Lords dayes in such manor
as will best stand with theire particulars and Comon safiey.

And in particular they ordered that a guard shalbe provided for the
saftey of the Gov""* person during the time of the above named
troubles and expeditions.

And the Councell were summoned by the Presedent to make
theire personall appeerance att Plymouth on the thirteenth day of
September next to attend such further business as shalbe then pre-
sented by Providence in reference to the premises.

APPENDIX. 331

On the 13'^ of September 1671, The Councell of Warr appeered
according to theire Sumons but PhilHpe the Sachem appeered not
but insted therof repaired to the Massachusetts and made complaint
against us to divers of the Gentlemen in place there whoe wrote to
our Gov"" by way of pi'suasion to advise the Councell to a Comply-
ance with the said Sachem ; and tendered theire help in the acheive-
ing therof, declaring in sume that they resented not his Offence soe
deeply as wee did and that they doubted whether the Covenants and
engagements that Phillip and his predecessors had plighted with us
would plainly Importe that hee had subjected himselfe and people
and Country to us any further then as in a Naighborly and frindly
Correspondency.

The Councell having deliberated upon the premises dispatched
away letters declareing theire thankfull acceptance of theire kind
proffer and Invited the Comissioners of the Massachusetts and Co-
necticutt (they then being in the Bay) and some other gentlemen to
come to Plymouth and aford us theire help, and accordingly on the
24"» of September 1671, Mr. John Winthrope Gov"" of Conecticutt
Major Generall Leverett Mr Thomas Danforth Captaine William
Davis with divers others came to Plymouth and had a faire and
deliberate heareing of the Controversy between our Collonie and the
said Sachem Phillip hee being personally present ; there being alsoe
competent Interpreters both English and Indians ; att which meeting
it was proved by sufficient testimony to the conviction of the said
Phillip and satisfaction of all that Audience, both the said gentlemen
and others ; That hee had broken his Covenant made with our Col-
lonie att Taunton in Aprill last in divers particulars, as alsoe carryed
very unkindly unto us divers wayes :

1. In that hee detained and neglected to bringe in the resedue of
his English Amies not delivered att Taunton according to his en-
gagement and that notwithstanding hee was allowed competent time ;
yea his lime enlarged yett hee neglected as aforesaid and instead of
bringing them in Improved the opportunity of time rather to make
them out of the way.

2. That hee had carryed Insolently and proudly towards us on
severall occations in refusing to come down to our Court (when sent
for) to have speech with him To procure a right understanding of
matters in difference betwixt us.

3. That hee entertained harbored and abetted divers Indians (not
of his own men) which were Vagabonds our professed enimies whoe
leaving theire own Sachem repaired to him and were harbored ;

332 APPENDIX.

4. That notwithstanding the great wronge hee had done unto us
in these and such like respects instead of repairing to the Court and
to endeavour a reconcilliation, hee takes his Journey into the Mas-
sachusetts bay with severall of his Councell Indeavouring to insinuate
himselfe into the Majestrates and to misrepresent matters unto them ;
whoe are our good frinds and Naighbours and what in him lay ;
therby to make mischiefe and difference between them and us.

5. That hee had shewed great InciviJlitie to divers of ours att
severall times in speciall unto Mr James Browne whoe was sent by
the Court on speciall occation as a messenger unto him ; and unto
Hugh Cole att another time &c ;

The Gentlemen forenamed takeing notice of the premises ; have-
ing fully heard what the said Phillip could say for himselfe haveing
free libertie soe to doe without Interruption ; Adjudged that hee had
don us a great deal of wTonge and injury (respecting the premises)
and alsoe abused them by carrying lyes and falce storyes to them
and soe misrepresenting matters unto them ; and they p''suaded him
to make an acknowledgment of his fault and to seek for reconcillia-
tion expressing themselves ; that there is a great difference between
what hee asserted to the Govi'ment in the bay and what hee could
now make out concerning his pretended wronges and such had been
the wronge and damage that hee had done and procured unto the
Collonie as ought not to be bourne without competent repairation
and satisfaction ; yea that hee by his Insolencyes had (in probabillitie)
occationed more mischeife from the Indians amongst them then had
fallen out in many yeares before ; They pJ'suaded him therefore to
humble himselfe unto the Majestrates and to amend his wayes if hee
expected peace and that if hee went on his refractory way hee must
expect to smart for it ; the particulars wherof are more att large to
bee seen in a full discourse between our Majestrates and the Gentle-
men aforesaid and him (which is extant).

In fine severall propositions were drawne up and read unto which
hee was left to accept of or reject as hee should see cause in refer-
ence unto his entering into a New Covenant with us ; and alsoe in
reference to a way of reparation of some pte of the wronge don unto
us : The Contents wherof are as followeth by him accepted of and
signed unto.

JV*eto Plymouth this 29 of September 1671.

1. Wee Phillip my Councell and my subjects doe acknowlidge
ourselves subjects to his Matie the Kinge of England &c and the
Gov'ment of New Plymouth and to theire lavves.

APPENDIX. 333

2. I ame willing and doe promise to pay unto the Gov''ment of
New Plymouth one hundred pounds in such thinges as I have ; but
I would Intreat the favor that I might have three yeares to pay it in ;
forasmuch as I cannot doe it att present —

3. I doe promise to send in to the Gov"" or to whom hee shall
appoint five wolves heads ; if I can gett them ; or as many as I can
procure untill they come to the Number of five wolves yearly ;

4. If any difference falls between the English and myselfe or peo-
ple then I doe promise to repaire to the Gov'' of Plymouth to rectify
the difference amongst us ;

5. I doe promise not to make Warr with any but with the Gov""^
approbation of New Plymouth.

6. I promise not to dispose of any of the Lands that I have att
present ; but by the approbation of the Government of New Ply-
mouth ;

For the true performance of the premises I the said Phillip
Sachem of Paukonaukett doe heerby bind myselfe and such of my
Councell as are present ourselves our heires and successors faithfully
and truely to perform. In witness wherof, wee have liereunto sub-
scribed our hands the day and yeare above written.

the marke

P

of Phillip Sachem

the marke

T

of Wohkovvpahenitt

the marke of

>

Wuttakooseeim

the marke of

<^

Sankanuhoo

the marke of

C

Woonashum alias Nimrod

the marke of

Y

Woosposuck alias Captaine

The Act of Surrender of the Great Charter of New
England to his Majestv.

To all Christian People to ivhom this present Writing shall come :
The President and Council established at Plymouth in the County
of Devon, /or plantings ruling, and governing of New England
in America, send Greeting, in our Lord God everlasting.

Whereas our late Sovereign Lord King James, of ever blessed
memory, by his Highness Letters Patents under the Great Seal of
England, bearing date at Westminster, the third day of November,

334 APPENDIX.

in the eighteenth year of his Majesty's reign of England, France,
and Ireland, and of Scotland the four-and-fiftieth : Upon the mo-
tives, reasons, and causes in the said Letters Patents mentioned and
contained, Did for him, his heirs, and successors, grant, ordain, es-
tablish, and confirm his then right trusty and right well beloved
Cousins and Councillors Lodovvick then Duke of Lenox, Lord
Steward of his Household, George then Marquess of Buckingham
then High Admiral of England, James then Marquess of Hamilton,
William then Earl of Pembroke and then Lord Chamberlaine of his
Household, who are since deceased ; Thomas now Earl of Arun-
dell, and divers others of his Nobility and Gentry of this realme of
England, therein named, to be the first and present Council estab-
lished at Plymouth aforesaid, for the planting, ruling, and governing
of New England in America aforesaid : And then the said then
Duke of Lenox, Marquess of Buckingham, Marquess of Hamilton,
Earl of Pembroke, and Earl of Arundel, and the said others of the
Nobility and Gentry therein named, and the survivors of them and
their successors, to be elected as in the said Letters Patents is ex-
pressed, did by the said Letters Patents incorporate, erect, ordain,
name, constitute, and establish to be one body politick and corpo-
rate, in Deed and Name, by the Name of the Council of Plymouth
aforesaid, in the said County of Devon, for the planting, ruling, and
governing of New England in America aforesaid, to have perpetual
succession, with divers other powers, priviledges, immunities, pro-
visions, and restrictions, for the propagation and establishing of true
Religion in those parts, and for the better regulating of the same
plantations, as in and by the same Letters Patents, due Reference
thereunto had more plainly and at large appeareth. Now Know ye
that the said President and Council, for divers good causes and con-
siderations them thereunto moving, have given, granted, assigned,
yielded up, and surrendered, and by these presents do give, grant,
assign, yield up and surrender unto our most gracious Sovereign
Lord Charles, by the Grace of God, King of England, Scotland,
France, and Ireland, Defender of the Faith, the said Letters Pa-
tents to the Duke of Lenox, Marquess of Buckingham, Marquess
Hamilton, William Earl of Pembroke, Thomas Earl of Arundel,
and to the rest of the Nobility and Gentry of this kingdom therein
named, for the planting, ruling, and governing of New England in
America aforesaid, and all and every the liberties, licences, powers,
priviledges and authorities therein and thereby given and granted, or
mentioned to be given and granted, and all their and every their

APPENDIX. 335

right, estate, title, interest, claim, demand whatsoever of, in, and to
the same Letters Patents, licences, powers, priviledges and authori-
ties, and of, in and to, every or any part or parcell of them or any
of them. In Witness whereof the said President and Council have
caused their common Seal to be put to these presents, the seventh
day of June in the eleventh year of the reign of our Sovereign Lord
King Charles, and in the year of our Lord God, one thousand six
hundred thirty five.

The Agreement for the Bounds betwixt Plymouth and
Massachusetts.

Whereas there were two Comissions graunted by the two Juris-
diccons the one of the Massachusets Gou'"ment graunted vnto John
Endicot gentlem. and Israel Staughton gent, the other of New Ply-
mouth Gou''ment to Will">- Bradford Esq""- Governor and Edward
Winslow gent. And both these for the setting out sethng & deter-
mineing of the bounds and limmitts of the lands betweene the said
Jurisdiccons whereby not only this p''nte age but the posterytie to
come may Hue quietly & peaceably in that behalf And forasmuch
as the said Comissioners on both sides haue full power so to do as
appeareth by the Records of both Jurisdiccons. Wee therefore the
said Comissioners aboue named doe hereby w'^^ one consent and
agreement conclude determine and by these p''nts declare That all
the Marshes at Conahasset that lye of the one side of the Riuer next
to Hinghame shall belong to the Jurisdiccon of the Mattachusets
plantacon. And all the Marsh y* lyeth on the other side of the
Riuer next to Scittuate shall belong to the Jurisdiccon of New Ply-
mouth excepting Threescore acres of marsh at the mouth of the
riuer on Scittuate side next to the Sea which we do hereby agree
conclude & determine shall belong to the Jurisdiccon of the Massa-
chusets And further we do hereby agree determine & conclude
that the bounds of the limmitts between both the said Jurisdiccons
are as followeth viz'- from the mouth of the brooke that runneth into
Conahassett Marshes (wch we call by the name of Bound brooke)
w^^ a straight and direct line to the middle of a great pond that lyeth
on the right hand of the vpper payth or common way that leadelh
between Weimouth and Plymouth close to the payth as we go

336 APPENDIX.

along w'^'' was formerly named (and still we desire may be called)
Accord Pond lying about fiue or six miles from Weimouth southerly
and from thence w*^ a straight line to the southermost p* of Charles
riuer & three miles southerly inward into the Country according as is
exprest in the Patent graunted by his Ma"<^ to the Company of the
Massachusetts Plantacon Prouided alwayes & neuerthelesse conclu-
ded and determined by mutuall agreement betweene the said Comis-
sioners y* if it fall out that the said line from Accord Pond to the
southermost part of Charles Riuer and three miles southerly as is
before expressed shall straiten or hinder any part of any Plantacon
begunn by the Gou^'ment of New Plymouth or hereafter to be begun
w*in the space of ten yeares after the date of these pi'nts That then
notw^'^standing the said line it shalbe lawful for the said Gou''ment of
New Plymouth to assume on the Northerly side of the said line where
it shall so intrench as aforesaid so much land as will make vp the
quantytie of eight miles square to belong to euery such Plantacon
begun or to be begun as aforesaid w^^ wee agree determine and con-
clude to apertaine & belong to the said Goufment of New Plymouth
And whereas the said line from the mouth of the said brook w<=h run-
neth into Conahassett salt marshes (called by us bound brooke) and
the pond called Accord Pond lyeth neere the lands belonging to the
Towneships of Scittuate and Hinghame Wee doe therefore hereby
determine and conclude, that if any diuisions already made and re-
corded by either the said Townes do crosse the said line, that then
it shall stand & bee of force according to the former intents & pur-
poses of the said Townes graunting them (the marshes formi'ly agreed
on excepted) And that no Towne in either Jurisdiccon shall here-
after exceede, but containe themselues w^''in the said lines before
expressed In Witnesse whereof we the Comissioners of both the Ju-
risdiccons do by these p^nts Indented set our hands and seales the
ninth day of the fourth month in the sixteenth yeare of our Sou''-
aigne Lord King Charles and in the yeare of our Lord 1640.

WILLIAM BRADFORD, Gou^- ( )
EDW : WINSLOW ....()

JO : ENDECOTT ( )

ISRAELL STOUGHTON . . ( )

INDEX.

A.

96

77, 232
202, 293
253
ib.
138, 196, 280

ACCOUNTS for public services to be settled, ....

ACTIONS, when entered in court, ......

" where brought, .......

" when but one party appears, .....

" vexatious, .......

" limitation of, ...... 78

" charge of entry when paid, ...... 98

" not to be tried at June Court, . . . . . .112

" when submitted to a jury, no new evidence to be introduced, . . 232

ACCESSORIES, who are, 204

ACUSHENETT advised to procure a minister, . . . , .142

ADDRESS by court to the inhabitants, ...... 106

" " to his Majesty for confirmation of Patent, . . . 144

" to their Majesties William and Mary, ..... 209

ADMINISTRATION of estates, 32, 281

ADMIRALTY, court of, of whom to consist, ...... 205

" " to try pirates, ...... 204

ADULTERY punished, . . . . . . .43, 113, 245

ALARM how given, ......... 56

ALLOTMENTS of land, 29

APPEALS regulated, ....... 150, 161, 261, 293

APPRAISERS of goods taken on execution, how chosen, . . 79,119,168,191

" penalt}' for refusing to serve, .... 119,168

ARMS, every person to have, ........ 45

" to be provided by the towns, ...... 70, 84

" what allowed for service, ....... 74

" to be carried to meeting on the Lord's day, . . . 115, 176, 192

" to be kept by the colony, ....... 285

" every male 16 years old to be provided with, .... 286

" defective, to be mended, ...... 72, 286

ARSON punished with death, . . . . . . . 43, 245

ARTIFICERS not to work for strangers, ...... 28

ASHURST, SIR HENRY, public act of gratitude to, . . . .234

ASSAULTS punished, ........ 249

ASSESSORS, when and how chosen, . . . . .74, 101, 267

" how to assess taxes, ....... 74

" penalty for refusing to serve, ..... 75, 220

" " for neglecting to make rates, ..... 267

" " for any town neglecting to choose, . . 220, 233, 267

ASSIGNMENT of debts valid, 200

ASSISTANTS, when chosen, 37, 73, 108, 257

" penalty for refusing to serve, . . . . .30

43

338

INDEX.

1

ASSISTANTS, chosen for one year, .
" their power and duty,

" their oath, ....

" may administer oath of fidelity,

" may take acknowledgment of sales of land,

" candidates for, to be chosen by the towns,

" when to hold courts,

ASSOCIATES may be chosen in certain cases to exercise the
ATTACHMENT, when property is liable to,
" the person subject to,

" goods not to be released from, till judgment is satisfied,

" property exempt from,

ATTORNEYS, when allowed,

" fees of, ....

37
39
ib.
60

93

. 70, 207, 259
powers of magistrates, 208
2M, 265
. 254
. 255
256, 265
191,255
. 191

B.

BAIL, when allowed, ....

BARK, exportation of, prohibited,

BARLOW, GEORGE, may apprehend Quakers,

BARRATRY punished,

BEASTIALITY punished with death,

BEANS not to be exported,

BEER, price regulated, ....

BLASPHEMY punished,

BIRTHS, marriages and burials to be recorded,

BOARDS, duty on, .

" price fixed, ....

" exportation or importation prohibited,

BOOKS of account, when evidence of debt, .
BOOK debts when to be demanded,
BOUNDARIES, between Plymouth and Massachusetts,
" " the towns to be run,

" " English and Indians how fixed,

BRADFORD, WILLIAM, trade to be continued in his hand;
" " commission to, renewed,

" " surrender of the charter,

BREWSTER, JONATHAN, ferryman at North River,
BRIDGES, to be built over South, Jones and Eel Rivers,

" who to repair,

BRIDGEWATER and MIDDLEBURY line run,
BUGGERY punished with death,
BURGLARY punished,

BURNING houses or ships punished with death,
BUSHEL, standard established,

255
156
130
255
244

29

46, 287

244

86, 271

94
156
156
196

77
335
68, 176, 201
153

64

66
305

59

60
294
176

43
246
43,245
34, 80, 83, 96

c.

CAGES in each town, .

CAMBRIDGE COLLEGE, contribution for,

CAPE COD fishery regulated, .

41, 127
. 167
216, 283

INDEX.

339

CAPITAL OFFENCES,

42, 178, 243

" " persons indicted for, to forfeit their property in certain cases, 262

CARD PLAYING prohibited, 101,250

CASKS, of wliat size to be made, . . . . . . 95, 276

CATTLE trespassing to be impounded, ..... 45, 274

" marks to be recorded, ....... 43

" herding regulated, ....... 34, 274

" lax on, ......... 182

" impounded, when may be sold, ...... 99

See hnpomiding . .
CENSUS of the male inhabitants to be taken, .... 177, 216

CLERK to be chosen, ......... 37

" salary, ......... 67,69

" oath of, ......... 109

CHARLES II. acknowledged and proclaimed, ..... 134

CHARTER of the Council at Plymouth, 1

" surrender of, to the King, ...... 333

" of the colony of New Plymouth, ...... 21

" to be recorded, ........ 211

" surrendered to the colony by Gov. Bradford, .... 305

" money raised to defray the expense of obtaining a new one, . . 235

CHILDREN born in the colony, their privilege, . . . . .46

" whose education is neglected, to be bound out, .... 271

CHURCHES, none to be established or continued without leave of government, . " 92
" to be protected, ....... 242

See Mtetiiigs, Ministers.
CIDER, penalty for selling without license, ...... 151

COHANNET called Taunton, ....... 42

COLONY, right to it maintained, ....... 145

COiMMISSIONERS of the United Colonies to be chosen, . . .97, 123, 259

" of the colony may make treaties, impress men, &c. . . 230

" of the King, propositions to General Court, . . , 327

COMMISSION OFFICERS, to see that the arms are not defective, . . 168

COMMON LANDS, proprietors of, may meet and make orders, . . .198

" " to fix iheir bounds, ..... 201

" " meetings how notified,

" " may choose a clerk,

COMPACT made on board the May Flower,
CONDITIONS of settlement at Plymouth,
CONSPIRING against the government,
CONFEDERATION of United Colonies renewed,

" articles of,

CONNECTICUT, bounds to be settled,
CONSTABLES, when chosen,
" oath of,

" to have charge of highways,

" may appoint deputies,

" to warn town meetings,

" penalty for refusing to serve,

'' to serve but once in seven years,

" may collect fines,

" to have staffs,

" to apprehend Quakers,

" to serve executions granted by selectmen,

65,

99, 1

19

303

244

163

308

90

37, 264

40

41

75, 264

68

27, 264

264

102, 138, 264

123, 266

. 130

. 156

340

INDEX.

CONSTABLES, their duty in collecting rates, .... 152, 2G7

" to notice such as sleep or play about the meeting-house during pub-

lic service, ........ 158

" may exercise authority of water bailiff, .... 190

" penaltj' for refusing to assist, ..... 266

" to whip offenders when ordered, ..... 265

" of 1686 to account for taxes collected, .... 210

COOPERS to make full sized casks, ....... 94

" to mark them with their initials, ...... 95

" casks to be made of the London guage, .... 90, 276

CONVEYANCES, fraudulent, void, 200

CONVICTION, two witnesses requisite for, .... 101, 162, 242

CORN not to be exported, ........ 29

CORONER, duly of, 37, ISi, 169

COSTS paid in money, . . . . . . . . .190

COUNCIL OF WAR established, 114,285

" " powers of, . . . . . .201,285

" " proceedings of, relative to Philip, .... 329

COURTING without parents consent prohibited, .... 61,272

COURT, GENERAL, to be held at Plymouth, . . . . 41,257

" " how constituted, . . . . .41, 63, 92, 108, 256

" " penalty for non-attendance or not sending a proxy, . 44., 128, 257

" " may reject unfit members, . . . . 112, 239

• " " shall establish officers, ...... 257

" " may impose a tax for support of the ministry, . . . 270

" " when to be held for trial of causes, .... 149

" " proposition for dissolution of, deferred, . . , .90

COURT OF ASSISTANTS, when held, 70, 207, 259

" " " jurisdiction, ...... 259

" " " a majority must be present to try actions,

" " " may be called on special occasions.

may try small causes w
See Admiralty.
See Selectmen.

thout a jury.

COURT OF ADMIRALTY

COURT OF SELECTMEN

COURTS for Barnstable, Sandwich and Yarmouth, ..... 66
" forRehoboth, ........ 89

COUNTIES, division of the colony into, ...... 295

COUNTY COURTS, when held, and by whom, 294

" " jurisdiction of, . . . . . . 296, 300

" " clerks of, recorders of the counties, .... 296

COUNTY TREASURERS to render their accounts, . . . .228

" " to receive money from constables, . . . 229

CRIMINAL OFFENCES, when tried, 245

" " persons guilty of, to be convicted in open court, . 246

" " committed in other colonies, the offenders to be given up, 162

CURSING father or mother, punished, . . . . . .245

74
163, 260
. 128

D.

DARTMOUTH rated for support of minister,
DEATHS, untimely, to be inquired into,
DEBTS, paid in specie.

160, 206
. 169

149, 228, 232, 256

INDEX.

341

DEBTS, may be assigned, .....
DEB'J'ORS' bodies may be arrested when estate cannot be found,
DEEDS, to be acknowledged and recoided, .
" to have two witnesses,
" penalty for forging,
DEFAMATION punished,
DEPOSITIONS, how taken, .
DEPUTIES, to General Court, chosen,

" at what time of the day to meet,

" to vote in same body with magistrates,

'•' to propound candidates for freemen,

" when to be rejected,

DEPUTY GOVERNOR, the eldest magistrate to be,
" " to be sworn,

" " when to have a casting vole,

DISTILLERS to render an account of liquors distilled,
DIVISION of lands, ....
DORMANT lands where taxed,

DOWER,

" to be set off by metes and bounds, .
DRUNKENNESS, how punished,
DURESS, deeds, &c. obtained by, void,
DUTY on liquors, ....

" on oysters, ....

'•' on mackerel,
" on iron, boards, &c.
'•' on tar, .....
DUXBURY incorporated,

" free from the charge of the troop,

DWELLING HOUSES, how covered,

85

. 200

. 154

8G, 149, 279

. 149

82, 249

162, 249

. 189

G3, 108, 259

83

92, 170

. 100

112,259

164, 259

. 189

. 259

. 136

29

. 142

43, 281, 300

. 300

47, 83, 251

. 200

, 132, 136, 143

. 132

. 161

. 132

. 135

57

. 129

29

E.

EAST GREENWICH, tenure adopted,
EASTHAM made a township, ....
EDUCATION of children encouraged,
" penalty for neglecting, .

ELECTION OF OFFICERS,
ENGLISH STATUTES to be procured,
ERRORS, circumstantial, not to abate writs, .
EQUITY, the courts may determine matters of, in certain cases,

ESCHEATS,

ESTATES of deceased persons settled,

" insolvent, divided among creditors,

EVIDENCE, to be in writing, ....
" of title to lands, how preserved,

" in capital trials, ....

" to be given within one year after fact,

EXCISE, persons to be chosen to collect,

" penalty for reproaching receivers of, .

" collectors, discharged.

See Duty. .....

37, 73

32, 43

43,279

94

. 270

ib.

108,241,257

. 137

157, 252

260, 296

. 279

281,299,301

33, 282

. 131

98, 168

. 242

. 162

91, 133

88

151

342

EXCUSES for absence from general muster, w
EXECUTION, when granted, .

" to be served by marshal,

" how levied,

" arrest of body on,

EXPORTATION of various articles prohibited,

INDEX.

len allowed,

. 145

79
lb.
78, 191, 265
154, 265
28,119,156,165

r.

FAIRS, when and where held, .

FALSEHOODS punished,

FAftllLIES inspected by selectmen,

FAST DAYS. See Holy-days.

FEES of clerk, ....
of messenger or marshal,
of jurors,

of witnesses and constables,
for recognizances,

FENCES, by whom made,

" what are sufficient, .

" penalty for breaking or burning,

FERRY at North River,

FINES, for stopping alewives in Sandwich river,
" " not having arms and ammunition,

" " not bringing arms to meeting,

" " assistants not serving in office,

" " sawing boards out of town bounds,

" '•■ selling boards for more than fixed prices,

" " burying persons killed, without an inquest,

" " card playing,

" " corrupting public officers, .

" " members leaving court,

" " denying scriptures,

" " freemen not attending court,

" " horse racing,

" " insulting receivers of excise,

" " selling liquors without license,

" " military officers neglecting duty,

" " soldiers absent from trainings,

" " not having recorded births, marriages, &c

" " altering public records,

" " millers not having sealed toll dishes,

" " removing land marks,

" " servants embezzling goods,

" '' wearing vizors,

•' " not ringing swine, .

" '• smoking on the Sabbath,

" " " in the streets, &c.

" " shooting at night,

" " profane swearing, .

" " making more tar than allowed by law,

" " towns not choosing deputies.

63, 298

98, 129, 250

. 156

. 109

48,111

35, 263

142, 147, 200

154

196

96, 175, 292

81,250

59

82

45,76

193

30

94

156

169

101,250

82

44

99, 247

41

171

88

140

84

137

87

82, 249

81. 117

81,250

81

81,250

45, 58, 198

. 158

59, 87, 252

56

65, 247

. 147

INDEX.

343

FINES, for residing- in ihe colony wilhoiU leave,

" " selectmen not serving,

" " obstructing- highways,

" " sealers of leather, neglect of duty,

" " not taking oath of fidelity, .

" " pound breach,

" " harboring Quakers,

" " attending their meetings,

" " insulting marshal, .

" " b''"g, ....

'* " profaning Lord's day,

" " military, ....

" how levied and paid, .
" payment to be secured,
" how collected of towns,
" not to be paid before conviction,
" collected by treasurer's warrant to constables
FIRE, alarm how given,
FIRING OF WOODS. See Woods. .
FIRST PURCHASERS to select land for themselves
FISH, six score and twelve accounted a hundred
" inspector of, in each town,
" regulations for taking,
" not to be caught till spawned,
FISHERY at Cape Cod regulated,

" excise on, ....

" profits of, to be appropriated to the support of a free school

FISHING and fowling to be free,
FLAX to be cultivated by every householder,
FORCIBLE DETAINER,
FOREIGNERS may purchase a special court,

" not to fish at Cape Cod without leave,

" not to sell liquors,

" not to attach inhabitants till security for costs be giv

" not to be brought into the colony without leave,

FORESTALLING forbidden,
FORFEIl URES. See Dulij. Excise.
FORGERY punished, .
FORM of grant of land,
FORNICATION punished,
FOWLING to be free. See Fishing. .
FRAUDULENT conveyances void, .
FREEMEN, oath of, ,

" how admitted,

" niay vote by proxy,

" to make laws,

" to elect town oflScers,

" when to be disfranchised,

" Quakers, and such as oppose the laws, to be excluded,

" all required to attend court,

" penalty' for non appearance,

" to send deputies to General Court,

" insist on maintaining their rights.

100,

. 188
. 160

, 202

. 189

76, 102, 130

. 141

. 103

125, 131

88

98, 129, 250

92, 247

76, 326

156, 187,256

147,256

120

152

101

56

95

57

95

153

197

132, 161,284

. 284

167, 172, 284

30, 34, 282

63,68

. 248

. 113

. 132

. 199

. 254

62

60

82, 249

54

79,246

. 200

38

108, 170, 258

94, 108

42, 107, 241

. 258

ib.

. 113

44, 88, 128

41

63, 108

. 145

344

INDEX.

G.

GAMING punished,

GENERAL COURT, how constituted,

" " business of deputies to be first attended to,

" " proposition relative to a dissolution of, deferred,

See Court. ....
GENERAL FUNDAMENTALS, ....

" " to be inviolably preserved,

GENERAL TRAINING,
GOODS taken on execution,
GOVERNMENT to be held at Plymouth,

" under the charter reassumed,

GOVERNMENT HOUSE to be sold,
GOVERNOR AND ASSISTANTS chosen,

" " " may try actions under 40s

. 250

. 41, G3, 92, 108,256

91

ed,

90

241, 293

. 242

145, 137, 153

78, 191, 265

32,257

. 242

. 174

37, 73, 108, 257

42

may impress men to be employed on public

works, or in the public service, 112, 179, 199

37,38

GOVERNOR, office and oath of, .

" penalty for refusing to serve, .

" where to reside,

" chosen for one year, . . .

" salary, .....

" guard, .....

" may issue summonses,

" to address his Majesty for a new charter,

" when to have a casting vote, .

" iriay summons a General Court,

'•' to have a double vote,

GRAND JURY, how empannelled, .

" " their duty, ....

" " oath of, ... .

" " penalty for not serving,

" " paid by towns,

" '' to view weights and measures,

" " from what towns sent,

" " complaints to, to be on oath,

" " when to appear at court,

GRANTS of land restricted, ....
GREEN'S HARBOR PLANTATION, made a township, and called Marshfield,

" " " cut enlarged,

GUNS, allowed for military service,
" to be set in enclosures only,

" penalty for shooting, excepting at an Indian or wolf,
See Arms. .....

30

32
37

65, 66, 227

67,77

76

. 235

. 259

37, 2.57

37

41,262

41, 263

. 125

76, 262

122

207
41

125

90

69

55

74, 184

163

176

H.

HALBERTS to be provided by each town, . . . . . .115

HALBERTEERS to attend Governor and Assistants, on days of election, . . 175

INDEX.

345

HANDICRAFTSMEN not to work for strangers,
HARVARD COLLEGE, contribution to, recommended,
HERDING cattle regulated. See Cattle.
HERESY punished, ... . ,

HERRING, granted to inhabitants of Plymouth,

" weirs for taking, erected and regnlated,

HIDES, not to be exported,
HIGHWAYS, how laid out, .
" to be 40 feet wide,

" how repaired,

" duty of surveyors of,

" penally for obstructing,

" to be made at the expense of the towns throu"

HINCKLEY, THOS., to hold courts for the Indians,
HISTORY OF NEW ENGLAND, contributions for its publi
HOLY-DAYS, how appointed,

" none to do any servile work on,

HORSES, provided for military service,

" impressed, ....

" may be impounded, . .

" to have brand marks,

" marks to be recorded,

" forfeited to the colony, how disposed of,

" unmarked, to be taken by marshall,

" not to be sent out of the colony without owners' consent,

" not to be taken up by Indians,

" brought into the colony by Quakers,

" not to be given to Indians, .

" what may run at large,

" how many, each may keep on common lemds,

" when may be sold to Indiems,

'•' trespassing may be killed,

" penalty for racing, ....

" stray, how taken up,

" of foreigners, ....

HOUSEKEEPERS, who allowed to be,
'• to have ladders, .

" not to take a servant into copartnership,

" to be provided with arms,

" to sow flax and hemp,

HOUSE OF CORRECTION,
HUNTING to be free. See Fishing. .
HUSBAND not allowed to strike his wife,

h which they pass,

recommended

28
167

248

32

57,66

119

64, 123, 277

154, 278

35, 91, 278

78, 152, 278

202

35,

ib.
174
153
48
199
103
77
118
117, 124,291
291
122, 131
118
118, 151
118
127
162
158, 292
169
155
170, 197
171
197, 291
292
36, 273
56
68
35
63
120, 127

273

IDOLATRY punished, .
IDLENESS punished, .
IMPOUNDING CATTLE, .
IMPRESSMENT of soldiers and horses,
" of men on public works,

44

. 243

64, 271

45, 46, 175, 274

44, 77, 179, 215, 223

. 112

346

INDEX.

IMPRESSMENT of messeng-ers, 121

" " artificers, ........ 199

INDIANS, penalty for hiring or buying their lands without leave, . . 74, 141, 289

" repairing their guns, ....... 76

" selling them liquors, 89, 151, 290

" furnishing them with arms, ..... 94, 178

" supplying them with casks, ...... 95

" working on the Lord's day, ..... 9G, 288

" selling them boats, 100, 289

" discharging a gun on the Lord's day, ..... 100

" selling, lending or giving them horses, .... 162, 284

" taking up horses, . . . . . . . .118

" receiving their lands by way of gift, ..... 129

" planting corn in any town required to fence it, . . . . 139

" not allowed to make an alarm by shooting, .... 100

" may impound horses and hogs, ...... 123

" strangers, not to reside in the colony, . . , . . . 129

" found drunk, how punished, ..... 141,169,194

" bounty paid on wolves to, ..... 93, 142

" not allowed to give an ear-mark to their swine, . . . 151,289

" not permitted to use in any way horses of the English killed by accident, 152

" powder, &c. not to be sold to, . . . . . 148, 152

" contracting debts to dicharge them by labor, . . . 169,172

" pledges taken from, to be forfeited, . . , . . 169

" business of, when to be attended to, .... . ib,

" may give testimony not under oath, ..... 171

" idle children of, to be bound to service, ..... 172

" stealing, to restore fourfold, ...... ib,

" when to prosecute their claims for land, . . . . . ib.

" servants not allowed to have guns, ..... 178

" male captives above 14 years old to leave the colony, . . . 177

" not allowed to come to Plymouth during the session of the court, 182, 202

" an overseer to be appointed and his powers, .... 193

" to have the criminal laws read them once a year, . . . 194

" to pay such taxes as the Assistants direct, .... ib.

" foreigners, not allowed to hunt in the colony, .... ib.

" persons may be licensed to sell powder, &c., .... 190

" runaway servants to be whipped, ..... 195

" not to remove from one town to another without leave, . . 195, 212

" the Governor to take charge of, . . . . . . 196

" not to be trusted, ........ 200

" guns not to be purchased of, . . . . . . ib.

" may sue for their rights, ....... 236

" none to buy timber of, ...... . 289

'• testimony, of, to prove the sale of liquors, .... 290

" not permitted to poivmn or visit the houses of the English on the Sabbath, 298

INDIAN SACHEMS, submission of, 305

INDICTMENT not to be found, except on oath, ..... 41

" nor after one year, ....... 262

INHABITANTS, to be provided with arms, . . . . .31,4(5

" list of males betweeen 16 and 60 years old to be taken, . . 177

" three months residence required to gain a settlement, . . 73, 77

INDEX.

347

INHABITANTS, none admitted till approved by the Governor or Assistants, 57, 188

" how warned out, ....... 188

INHERITANCE, of real estate, . . . . • 43,75,279,299

" of personal estate, ....... 300

INTESTATES' ESTATE, how and by whom administered, . . 32, 281

INTRUDERS, warned to leave the colony, . . . . . .188

" penalty for entertaining, . . . . . . ib

IRISH required to bear arms and train, ...... 100

J.

JAMES II, proclaimed, .......

JENNEY, JOHN and others, the bench to determine what shall be done with
corn seized,
" may erect a mill at Plymouth,

JOINT TENANCY,

JUDGES related to either party not to pass sentence,
JUDGMENT, when granted, .
JURY, trial by, established,

" not necessary for small causes,
" persons required to serve,
" one juror from each town,
JURORS, PETIT, not allowed to take tobacco while on duty
" how empannelled, .

" may give a special verdict,

'•' may be challenged,

" fees.

See Grand Jury. .

206

their

28,

55

56

75, 279
198
254
42, 242
129
42
131
68
263
ib.
242, 293
35, 263

K.

KENNEBECK, sale of, confirmed,

" government at,

KIDNAPPING,

136

323
244

L.

LABOURERS' wages fixed, ........ 61

LADDERS to be owned by every householder, . , , . .56

LANDS, division of, . . ...... 29

" to be enclosed, ........ 31

" reservation for first purchasers, ..... 45, 47

" original allotments surrendered, ...... 32

" held in partnership not to go to survivors, .... 75, 279

" conveyances to be acknowledged before a magistrate, and recorded, 43, 98, 279, 295
" by what tenure held, . . . . . . 43,279

" to servants, where located, ....... 34

" to be forfeited in certain cases, ...... 47

" when sold for payment of debts, ..... 33, 282

348

INDEX.

LANDS, form of conveyance of, . . .

" declaration of rights to,

" not to be purcliased of Indians without leave,
" wife to consent to sale of, .
" vacant, or dormant when taxed,
" boundaries between English and Indians to be fixed
" to be sold to defray expenses of the war,
" common, proprietors of, may meet and make orders
" to fix their boundaries, ...

" not to be levied on, so long as there is other property
" when to escheat, ....

" entailed to descend according to law of England,
" who to inherit, ....

See Inheritance. ....

LAWS, committee chosen to revise,

" to be made by the freemen or their representatives,
" each town to have a copy of. .
" proposition to repeal those of 1G37 and 1658, .
" printed book of, in force,

" written book of, ....

LEATHER to be searched and sealed,
LECTURE DAYS, inholders to clear their houses of guests
LIMITATION of actions to recover lands, .
" for book debts,

" of indictments,

LIQUORS, penalty for selling without licence,

" " for selling them to children or servants,

" " for selling them to foreigners,

" price fixed, .....
" invoice of such as are imported to be given,
" in possession of Indians may be seized, .
" tax on licences, ....
" what quantity may be brought into the colony,
" excise on, .....
" penalty for selling less than 5 gallons at one time
LORD'S DAY, penalty for profaning,

" " for travelling on,

neglecting public worship,
setting up meetings without leave,
" penalty for playing or sleeping in meeting,
" " for riding violently on,

" " for smoking tobacco,

" " for arms to be brought to meeting,

" " for selling liquors on, . .

" Indians forbidden to work,
LYING punished, . . . . •

30,42

93

5i
49, 144

74, 289
86
. 142
. 153
. 185
. 198
. 201
. 256
. 279
. 299
75, 279, 299

35, 163

;, 107, 241, 259

. 121

. 123

168. 207

. 170

189, 276

rviceon, 199

158, 280

77, 196

262

86, 140

140, 183

. 199

125

135, 140

148, 290

155

. 157

143, 149

222

92, 247

113, 138, 199

;, 123, 150, 247

103, 138, 270

158, 268

158

ib.

>, 128, 176, 192

137, 171

96

98, 129, 250

M.

MACKEREL fishery, regulated, .... 161,162,205,216,283

MAGISTRATES and deputies considered one body in enacting and repealing laws, 92

" may compel religious societies to do their duty, . . .99

INDEX.

349

MAGISTRATES exempt from taxes in cerlain cases,
" taxed, ....

" may empannel juries to lay out highways,

" may mitigate penalties, &,c.,

'* allowance to, . . •

'•■ - penalty for refusing to serve,

" eldest to be Deputy Governor,

" may give licence to sell powder, iVc, to friendly Indi:

" where to try civil actions, .

" what offences may determine,

" See Assistants, . . .

MANSLAUGHTER punished,
MAJOR'S COMMISSION, &c.,
MANNAMOIETT annexed to Eastham,
MARKETS AND FAIRS, ....
MARRIAGES, regulated, ....

'■' to be recorded,

MARITIME 3IATTERS tried by county courts,
MARSHAL, office and oath, ....
" penalty for insulting,

" to serve executions,

" fees for collecting fines,

" to apprehend Quakers coming into the colony,

" salary, .....

MARSHFIELD made a township,
MASKS, penalty for wearing, ....
MASSACHUSETTS requested to prevent strangers from fishing at
MASSASOIT, treaty with, ....
MASTERS of vessels not allowed to bring passengers into the colony
MATHER, INCREASE, vote of thanks to, .
MEASURES, standard of, .

" sealers of, ....

" to be viewed by grand jury,

MEETINGS, none to be set up without leave of court,

See Arms, Churches, Lord's Day.
MEETING-HOUSE, to be erected in each town,
MERCHANTS ACCOUNTS, admitted as evidence,
MESSENGERS oath, duty and fees, .

" styled marshal,

MIDDLEBOROUGH directed to choose military officers,
MILITARY AFFAIRS, instruction given to inhabitants,

" who liable to train and have arms,

" officers to be approved by court,

" " to inspect arms,

" " may appoint days for train

" penalty for resigning,

" penalty for not training their men,

•' troopers fined for absence from general trainmgs,

" soldiers fined for absence or being defect iv

" fines how collected,

" six trainings a year,

" four trainings a year,

" firing at marks,

" minors or servants not to vote.

122
151
123
ill.
146, 151
146
164
190
208
247

244

114

171

63, 298

44, 61, 272

86, 271

. 300

110,111

88

79

86

130

87

69

8 J, 250

153

. 304

without leave, 62

. 234

43, 70, 96

. 34, 96

88

103, 270

175, 187

196

48, 49, 67

78
. 201

62
33, 286
. 71,84

83

71

Cape C

od,

ib.

. 145

76, 137

72, 145, 219

68
. 184

ib.
. 152

350

INDEX.

MILITARY AFFAIRS, towns to provide pikes, halberts, &c.,
" persons exempt from service, .

" delinquent soldiers, how tried,

" maimed soldiers to be supported by the colony,

" soldiers to bring their arms to meeting on the Lord

" penalty for neglecting to choose military officers

" oath and duty of clerk of military companies,

" military company established,

WILL at Plymouth, ....

" at Scituate, ....

MILLERS, tolls regulated,

" to keep weights and scales,

'•■ to have two toll dishes,

" free from training, .

MINES, regulations about,
MINISTERS, how supported, . . . . 99,101

part of profits of whales for them,
" penall}' for defaming,

" provision for them in small settlements

" " in new plantations,

MINORS, not to vote in military affairs,

" cannot conve}' lands, or sue or be sued in their own person

MISDEMEANORS, what are indictable,
MOUNT HOPE to be sold,
MURDER punished with death,

. 115

. 136

71,208

44, 286

's day,

102, 115, 128

. 218

115,145

. 325

56

61

61,276

73

80, 117,276

. 276

69

157, 159, 269

. 135

92, 248

. 186

142, 160

. 152

. 253

48

. 179

42, 244

N.

NAVIGATION ACT, Governor sworn to observe,
NAUSETT, to pay 40s. tax annually,

" called Eastham,

MORTH RIVER FERRY, .
NIGHT WALKERS punished,

38
90
94
59

298

o.

OATHS administered to all public officers,
OATH of fidelity to be taken, .

" penally for refusing to take it,
OFFENCES, capital ....

" criminal, ....

OFFICERS OF GOVERNMENT, when chosen,

See Election.
" " (o be paid in merchantable articles,

" " to be paid in corn,

OLD COMERS. See Purchasers. .......

ORDINARIES regulated, ... 62, 140, 164, 171, 198, 199, 287, 238

" keepers of, to pay excise on liquors, ..... 143

OVERSEERS OF POOR,

See Paupers. ....

OVERSEERS OF INDIANS. See Indians.
OYSTERS, duty on those exported, .

.

189

42

,60,

130

76,

102,

188

42,

178,

243

43,

245

37

73,

109,

257

98
111

117

132

INDEX.

351

P.

PACKER of meal in each town, . . . . . . 95,162

PADDY, WM. Treasurer, 69

PAINE, THUS., appointed bailiff, 162

PAOMET annexed to Eastham, ....... 171

PAUPERS, how supported, 70,73,201,274

" persons bringing them into the colony, to give bonds for their support, 72, 274

PEAS, exportation prohibited, ........ 29

PEQUODS, men sent to subdue, ....... 57

PERJURY punished, 241.

PHYSICIANS and others having foreigners under their care, bound to secure towns

from their support, ....... 72, 274

PIRATES, how tried, 203

" accessaries to, ....... . 204

PLANTATIONS, their settlement regulated, . . . . .142

" provision by them for support of the ministry, . . 142,160

PLUNDER, how divided, 233

PL Y3I0UTH to be the seat of government, ...... 41

" to make by-laws and dispose of lands, . . . 47, 55

" to send but two deputies to General Court, . . . .91

" county, to have the use of the public buildings,

" colony to aid Mass. and Conn, iu the war with Eastern Indians

PLOT against the colony, reward for discovering,
POCASSET to be sold, ....

•■' trade with Rhode Island forbidden,

POOLE, CAPT., to train the inhabitants of Cohannet,
POOR CHILDREN bound out.

See Paupers.
POUNDS in each constablerick,

POUND BREACH punished, ....
POUND KEEPER, security to be given to, before catlle are release
POWDER, &c. to be supplied by towns,
PRENCE, GOV., his salary, ....

" house to be surrendered,

PRESS MASTERS, their power,
PRESENTMENTS. See Indictments.
PRISON erected at Plymouth, ....
PRISONS, persons impressed to repair them, .
PRISONERS' allowance, ....

PROFANE SWEARING, &c. punished,
PROPRIETORS of Common Lands. See Common Lands.
PROXIES of freemen, ....

PURCHASERS or Old comers, agreement with,

" land granted to, . . .

34, 124,

C5,

206
211
213
179
181
62
70

274
141
171
70
146
174
231

67
199
86
155, 247

94, 108, 257

66

45, 66, 95

Q

QUAKERS, penalt}' for bringing them into the colony,
'•' '• for entertaining, .

102, 127
103. 126

352

INDEX.

QUAKERS, to be disfranciiised,

" books to be seized,

" proposals made to them to remove,

" penalty for holding or permitling' meetings,

" coming into the colony to be committed to jail,

" to be whipt, ....

" Iheir horses forfeited,

" every inhabitant may apprehend them, .

" persons allowed to attend their meetings to reclaim thai

'•' fines not to be levied on them.

114

.

122

.

ib.

126,

130

126

12G,

130

127

ih.

125,

131

129

K.

RACING, penally for, on highways,

RAPE punished with death,

RATES, list taken of ratable estates, .

See Taxes.
RATERS to be chosen and their powers,

jSVe Assessors. . ,

REBELLIOUS SON punished,
RECOGNIZANCES, fees for,
RECORDS of sales of land, ,

" penalty for altering,

" " for corrupting the keepers of,

REHOBOTII made a township,

" privileges granted to,

RELIGIOUS WORSHIP. See Public Worshi
REPLEVIN, when allowed, .
RETAILERS not to sell liquors without licenc
See Liquors.

" to render an account twice a year to th(

" not to sell on the Lord's da3',

REVIEWS, when allowed,
REXHAM called Marshfield, .
RHODE ISLAND, letter sent to,

Treasu

. 171

43, 215
177

74

245

151

149, 279

82, 249

82

78

256
86

136
137
265
69
145

s.

SABBATH. See Lord's Day.

SOCONEESETT advised to procure a minister,

SALES OF LAND. See Deed.

SANDWICH advised to procure a minister, .

SANDWICH RIVER, alewives in, not to be stopped,

SATUCKETT annexed to Eastham, .

SCHOOLS, the towns advised to support,

" profits of the cape fishery appropriated for,

" provision for Grammar school,

" county towns to support a Latin School,

SCITUATE, privileges granted to, .
" i)lantation granted to, .

142

143

82

171

143

167, 172

185

300

47

55

INDEX.

353

SCITUATE, persons not fieeinea may vole in lown afiialrs, .

'• miller's toll, .....

" to have two constables, ....

SCOTS, required to train, .....

SCRIPTURES, denial of, punished, ....

•' speaking- contemptuously of, .

SEALERS OF LEATHER. See Leather. .
" " to be sworn

SECRETARY, salary of,

SECUNCK called Rehobolh, .....
SELECTMEN to be chosen and sworn,

" their courts and jurisdiction, . .

•' to observe such as reside in the colony without leav

from public worship,
" to reg^ulate families, ....

" may issue wairants, ....

" to be paid when action is entered,

'■' may summons witnesses from other towns, ,

" to provide for the poor,

•' to encourage education,

" to bind out children whose education is neglected,

" to inform the court of idlers,

SERVANTS, not to be house-keepers till provided with arms,
" land granted to, ....

" masters to perform their contracts with,

" not to be hired for less than half a year, and contracts

" not allowed to form a partnership with masters,

" shall not buy their time,

" penalty for stealing master's goods,

SHEEP, exportation prohibited,
SHIPWRECK, relief afforded to sufferers, .
SHOOTING in night prohibited,
SHOWAMET sold for relief of soldiers,
SICK PERSONS brought into the colon}', how supported,
SINGLE PERSONS not allowed to live by themselves, or in
SMITHS required to repair arms,
SMOKING in the streets on the Sabbath forbidden,
SODOMY pun;- ed with death,

SOLDIERS, finpd for want of arms. See Military Affairs
" when to be impressed,

" to be provided with powder,

" maimed, to be supported by the colony,

SOUTHER, NATIL, his salary as clerk,
STATUTES of England to be procured,
STEALING punished,
STOCKS, in each town,

STRANGERS not permitted to trade with Indians,
STRAYS, regulations about, .
SUMMONS may be issued instead of attachment,
" not vitiated by a circumstantial error,

" how served, when defendant cannot be found,

SWANSEY directed to choose military officers,

45

62
CI
70

100
99

247

189
206
78

138, 150, 192, 2G0
Uy, 173, 184,297
or are absent

l.jQ

156

ib.

191

192

201

270

271

ib.

35

36,47

47

to be r

any family not

approve

ecorded, 58

ib.

65

81

.31,45

198

56

178

72

ed, 156

72

59, 87, 158, 282
244

44, 215, 225

157

44, 286

67

137

81, 246

41

185

130

76

157

254

201

43,

354

INDEX.

SWINE to be ring-ed and yoked,
See Impounding.

4o,68,Gl, 191

T.

TAR, duty on, . . ...

" size of barrels, ....
" regulations about making,
" privilege of making it may be sold,
TAUNTON incorporated,
TAXES, how to be assessed, .
" how to be paid,
" of non-residents,
" ministerial, how laid, .
" on cattle, ....

" persons refusing to pay; to be imprisoned.
See Duties, Excise, Rates.
TENURE of estates. See East Greemcich. .
TESTIMONY, to be in writing,
THANKSGIVING, days of, to be appointed,
" labor and sports forbidden,

" ordered,

THEPT. See Stealing, ...

THOMAS, NATH., to train inhabitants of Marshfield
TIMBER not to be exported, .
" on public lands,
" cut, and not used, to be forfeited,
" not to be bought of Indians,
TITHINGMEN among Indians, their powers,
TITLE to land. See Lands, Limitation.
TOBACCO, importation prohibited,

" penalty for smoking, . .

'' jurors not allowed to take,
" retailing, ....

TOWNS, may make by-laws and regulate prudential
" bounds of, liow fixed,
" to provide powder, lead, &c.,
" to provide arms to carry to meeting' on the
" to furnish wolf traps,
" to make provision for poor, .
" to choose clerks, ...
" penalty for neglecting to choose committees
" officers of, to have oaths administered,
" may nominate persons for assistants,
" to build fortifications,

" to provide books for recording sales of land,
" to provide halberts, drums, &c.,
" oath of clerks,
" to choose overseers of poor,
" to have a standard of measures,
" to have a brand for horses,
" to erect work-houses.

when

an be

. 134
. 170
. 153
. 163
58
7-1, 138, 268
. 148
. 157
157, 159, 186
. 182
found, 237

affairs.

Sabbath,

deputies,

. 131

48, 211
. 199
. 238

70

28, 165

44

119, 275

. 289

. 194

70

59, 87, 158, 252
68
90

64, 68, 273

68, 176, 200

. 70, 84

70

70, 147, 275

73, 274

85

88

91

93

97

98

. 115

. 116

. 117

117, 124

ib.

. 120

INDEX.

355

to

TOWNS,7( "T pflBWres to have lands bounded, .
2 a b^'"-''"^ tlie laws of the colony, .
their gi • ors,
tODiiild pounds,""-^' '*' . . .

" may sell die pri ji takhig whales,

" adviset' lo adopi measures to prevent injury to Indians from hogs, &c.,
" may choose agents to examine Treasurer's account,
" to cho^ -.e .ectmen, ...... 138,

" lo appoint packers of meat,

" to erect houses for public worship,

" penalty for neglecting to aid each other,

" having 30 families, to raise £12 each for support of grammar school

" unable to maintain a minister to be assisted by government,

" to provide books of lecord for select courts,

" requested to loan money to the colony,

" proportion of soldiers,

" " of taxes, ....

" may determine who shall dwell within their limits,
" to have a standard for corn,
TOWN COUNCIL, may order out a scout, .

" " ma}' impress men and provide for soldiers,

TOWN CLERK to publish marriages,
TOWN MEETINGS, how warned, .

" " none but freeholders to vote,

TRADE, treaty about, ....

TRADESMEN prohibited from working for foreigners,
TRAPS not to be set near highways, .
TREASON punished with death,
TREASURER, when chosen, ....

" how to account,

" oath, .....

" accounts to be examined,

TREATY with Massasoit, ....

TRESPASSES of cattle, &c., prohibited.
See Impounding of Cattle,
" on colony lands,

" on Indian lands, .

TRIAL, charges of, .... .

TROOP OF HORSE, how raised,

" " " members free from foot service,

" " " volunteers, how admitted,

" " " company how divided,

" " " fines for neglect,

" " " disbanded.

. 120
. 121

. 122

124, 274,

. 132

137

. 144

150, 210

93, 162

175, 187

. 180

. 185

. 187

. 192

214, 226

215, 224
217
274
276
180
225
272

68
156
56
28
46
42,244
37
77, 210
123
144
304

143

152
253
116,286
137
139
166
145
173

u.

UNDER MARSHAL, office and oath,
" " salary,

" " fees,

" " to be paid by the colony,

111

111,128
112, 124
. 123

356

INDEX.

V.

VAGABONDS punished,

VALUATION ordered, ....

" how taken, ....

" penalty for not giving a correct account of est

VASSAL, WM., to train inhabitants of Scituale,
VICTUALLERS, to be Jicenced,
" excise paid isy,

" not to harbor children or servants.

See Ordinaries.
VOTERS, for committees or deputies,

" in town-meetings must be freeholders,

" required to take the oath of fidelity',

VOTING, penalty for neglecting.

75,1

HO

177
58, 217

222
62
83

132
47

63

156

114, 183

41, 123

w.

WAGES of labourers regulated, . . . . . . .61

WALLEY, JOHN, ten pounds paid to, 224

" " to inquire in whose hands certain property of the colony is, . 210

WAMPAMPEAGE not to be received as money, ..... 92

WAR, not to be declared without consent of freemen, . . . .43

WARRANTS, to issue in his Majesty's name, .... 41,129,209

" shall express the character in which Plaintilf sues, and shall not be vi-

" tiated by trivial errors, ....... 252

" when served, ........ 255

WATCH to be kept, 33, 57, 227

'•' when to be set, ........ 76

WATER BAILIFF, oath and duty, 164, 165

WAYS, . . . • . . . . 30,31,41,278

See Highways. ........

WEIGHTS AND MEASURES, one^tandard, .... 43,70,96

" " " , penalty for selling by such as are unsealed, . 80

" " " to be viewed by grand jurors, . . .88

WEIRS, 66

WHALES, duty on, 96, 135, 232, 282

" oil to be delivered at Boston, ...... 100

" found adrift or on shore to whom to belong, . . . 97, 133, 282

" a portion recommended to be set apart for support of ministry, . 135

" an account of the wounds of, to be given, and recorded, . . 231

WHIPPING POSTS, in each town, 41

WIDOWS PORTION, 33,43,281

WIFE to consent to sales of land, ....... 86

WILLS, before whom to be proved, ..... 32,281,295,296

" nuncupative, . . . . . . . . 80, 281

" who may make, . . ■ . . . . . . 281

" must be sealed and witnessed, ...... ib,

WINE, duty on, ......... 85

See Excise, Liquors. ........

INDEX.

357

WITCHCRAFT punished wiih cle.ilh,
WITNESSES, two necessary for a conviction,
fees, ....
one sufiicient for a presentment,
required to attend selectmen's courts,
penalty for refusing to testify, .
WOLVES, bounty for killing, .
WOLF TRAPS in each town,
WOODS, fireing of forbidden, .
WORK-HOUSES to be erected,
WRECKS upon the coast to be protected,
WRITS to issue in the name of his Majesty,
" not abated' for trifling errors, .

43,214

. 101

146,200

. 1G2

. 192

ib.

33, 4G, 98, 117, 131, 1C8, 273

147, 275

. 34,59,89,113,2.51

. 120

. 198

129,209

157,252

ERRATA.

Before last paragraph on page 34, insert 1635.
' On page 65, erase 1639.
* On page 328, 22d. line, read " such," instead of " sect."