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General Laws & Liberties II
1641-1648

"That everie person of the age of discretion [which is accounted fourteen years] who shall wittingly and willingly make, or publish any Lye which may be pernicious to the publick weal, or tending to the damage or injurie of any particular person, or with intent to deceive and abuse the people with false news or reports . . . For the second offence in that kinde wherof any shall be legally convicted the sum of twenty shillings, or be whipped upon the naked body not exceeding ten stripes."

Part 2
Fornication  Gaming  Heresie  Idleness Jesuits In-keepers, Tippling, Drunkenes. Lying Masters, Servants, Labourers Pipe-staves  Poor   Strangers  Swyne Tobacco   Torture    Tryalls

Cask & Cooper.
It is orderedy by this Court and authoritie therof, that all cask used for any liquor, fish, or other cõmoditie to be put to sale shall be of London assize, and that fit persons shal be appointed from time to time in all places needfull, to gage all such vessels or cask & such as shal be found of due assize shal be marked with the Gagers mark, & no other who shal have for his paines four pence for every tun, & so proportionably.

And every County court or any one Magistrate upon notice given them shall appoint such Gagers to view the said cask, & to see that they be right, & of sound & wel seasoned timber, & that everie Cooper have a distinct brand-mark on his own cask, upon payn of forfeiture of twenty shilling in either case, & so proportiõably for lesser vessels. [1642 1647]

Fornication. [Back]
It is ordered by this Court and Authoritie therof, That if any man shall commit Fornication with any single woman, they shall be punished either by enjoyning to Marriage, or Fine, or corporall punishment, or all or any of these as the Judges in the courts of Assistants shall appoint most agreeable to the word of God. And this Order to continue till the Court take further order. [1642]

Gaming.  [Back]
UPON complaint of great disorder by the use of the game called Shuffle-board, in houses of common entertainment, wherby much pretious time is spent unfruitfully and much wast of wine and beer occasioned, it is therfore ordered and enacted by the Authoritie of this Court; That no person shall henceforth use the said game of Shuffle-board in any such house, nor in any other house used as common for such purpose, upon payn for every Keeper of such house to forfeit for every such offence twenty shillings: and for every person playing at the said game in any such house, to forfeit for everie such offence five shillings: Nor shall any person at any time play or game for any monie, or mony-worth upon penalty of forfeiting treble the value therof: one half to the partie informing, the other half to the Treasurie. And any Magistrate may hear and determin any offence against this Law. [1646 1647]

Heresie.  [Back]
ALTHOUGH no humane power be Lord over the Faith & Consciences of men, and therfore may not constrein them to beleive or professe against their Consciences: yet because such as bring in damnable heresies, tending to the subversion of the Christian Faith, and destruction of the soules of men, ought duly to be restreined from such notorious impiety, it is therfore ordered and decreed by this Court; That if any Christian within this Jurisdiction shall go about to subvert and
destroy the christian Faith and Religion, by broaching or mainteining any
damnable heresie; as denying the immortalitie of the Soul, or the resurrection of the body, or any sin to be repented of in the Regenerate, or any evil done by the outward man to be accounted sin: or denying that Christ gave himself a Ransom for our sins, or shal affirm that wee are not justified by his Death and Righteousnes, but by the perfection of our own works; or shall deny the moralitie of the fourth commandement, or shall indeavour to seduce others to any the herisies aforementioned, everie such person continuing obstinate therin after due means of conviction shal be sentenced to Bañishment. [1646]

Idlenes.  [Back]
It is ordered by this Court and Authoritie therof, that no person, Housholder or other shall spend his time idlely or unproffitably under pain of such punishment as the Court of Assistants or County Court shall think meet to inflict. And for [*26]this end it is ordered that the Constable of everie place shall use speciall care and diligence to take knowledge of offenders in this kinde, especially of common coasters, unproffitable fowlers and tobacco takers, and present the same unto the two next Assistants, who shall have power to hear and determin the cause, or transfer it to the next Court. [1633]

Jesuits.  [Back]
THIS Court taking into consideration the great wars, combustions and divisions which are this day in Europe: and that the same are observed to be raysed and fomented chiefly by the secret underminings, and solicitations of those of the Jesuiticall Order, men brought up and devoted to the religion and court of Rome; which hath occasioned divers States to expell them their territories; for prevention wherof among our selves, It is ordered and enacted by Authoritie of this Court,

That no Jesuit, or spiritual or ecclesiastical person [as they are termed]
ordained by the authoritie of the Pope, or Sea of Rome shall henceforth at any time repair to, or come within this Jurisdiction: And if any person shal give just cause of suspicion that he is one of such Societie or Order he shall be brought before some of the Magistrates, and if he cannot free himselfe of such suspicion he shall be committed to prison, or bound over to the next Court of Assistants, to be tryed and proceeded with by Bañishment or otherwise as the Court shall see cause:

and if any person so banished shall be taken the second time within this Jurisdiction upon lawfull tryall and conviction he shall be put to death. Provided this Law shall not extend to any such Jesuit, spiritual or ecclesiasticall person as shall be cast upon our shoars, by ship-wrack or other accident, so as he continue no longer then till he may have opportunitie of passage for his departure; nor to any such as shall come in company with any Messenger hither upõ publick occasions, or any Merchant or Master of any ship, belonging to any place not in emnitie with the State of England, or our selves, so as they depart again with the same Messenger, Master of Merchant, and behave themselves in-offensively during their aboad heer. [1647]

In-keepers, Tippling, Drunkenes.   [Back]
Forasmuch as there is a necessary use of houses of common entertainment in every Common-wealth, and of such as retail wine, beer and victuals; yet because there are so many abuses of that lawfull libertie, both by persons entertaining and persons entertained, there is also need of strict Laws and Rules to regulate such an employment: It is therefore ordered by this Court and Authoritie thereof;

That no person or persons shall at any time under any pretence or colour
whatsoever undertake to be a common Victuailer, Keeper of a Cooks shop or house for common entertainment, Taverner, or publick seller of wine, ale, beer or strongwater (by re-tale) nor shall any sell wine privatly in his house or out of doors by a lesse quantitie or under a quarter cask: without approbation of the selected Townsmen and Licence of the Shire Court where they dwell: upon pain of forfeiture of five pounds for everie such offence, or imprisonment at pleasure of the Court, where satisfaction cannot be had.

And every person so licenced for common entertainment shall have some inoffensive Signe obvious for strangers direction, and such as have no such Signe after three months so licenced from time to time shall lose their licence: and others allowed in their stead. And any licenced person that selleth beer shall not sell any above two-pence the ale-quart: upon penaltie of three shillings four pence for everie such offence.

And it is permitted to any that will to sell beer out of doors at a pennie the ale-quart and under. Neither shall any such licenced person aforesaid suffer any to be drunken, or drink excessively viz: above half a pinte of wine for one person at one time; or to continue tippling above the space of half an hour, or at unreasonable times, or after nine of the clock at night in, or about any of their houses on penaltie of five shillings for everie such offence.

And everie person found drunken viz: so that he be thereby bereaved or disabled in the use of his understanding, appearing in his speech or gesture in any of the said houses or elsewhere shall forfeit ten shillings. And for excessive drinking three shillings four pence. And for continuing above half an hour tippling two shillings six pence. And for tippling at unreasonable times, or after nine a clock at night five shillings: for everie offence in these particulars being lawfully convict thereof. And for want of payment such shall be imprisoned untill they pay: or be set in the Stocks one hour or more [in some open place] as the weather will permit not exceeding three hours at one time.

Provided notwithstanding such licenced persons may entertain sea-faring men, or land travellers in the night-season, when they come first on shore, or from their journy for their necessarie refreshment, or when they prepare for their voyage or journie the next day early; so there be no disorder among them; and also Strangers, Lodgers or other persons in an orderly way may continue in such houses of common entertainment during meal times, or upon lawfull busines what time their occasions shall require.

Nor shall any Merchant, Cooper, Owner or Keeper of wines or other persons that have the governent of them suffer any person to drink to excesse, or drunkenes, in any their wine-Cellars, Ships or other vessels or places where wines doe lye; on pain to forfeit for each person so doing ten shillings. And if any person offend in drunkenes, excessive or long drinking the secõd time they shall pay double Fines. And if they fall into the same offence the third time they shall pay treble Fines. And if the parties be not able to pay the Fines then he that is found drunk shall be punished by whipping to the number of ten stripes: and he that offends in excessive or long drinking shall be put into the stocks for three hours when the weather may not hazzard his life or lims. And if they offend the fourth time they shall be imprisoned until they put in two sufficient Sureties for their good behaviour.

And it is father ordered that if any person that keepeth or hereafter shall keep a common house of entertainmen, shall be lawfully convicted the third time for any offence against this Law: he shall (for the space of three years next ensuing the said conviction) be disabled to keep any such house of entertainment, or sell wine, beer or the like; unles the Court aforesaid shall see cause to continue them.

It is farther ordered that everie In-keeper, or Victuailer shall provide for the entertainment of strangers horses viz: one or more inclosures for Summer and hay and provender for Winters with convenient stable room and attendance under penaltie of two shillings six pence for everie dayes default, and double damage to the partie thereby wronged (except it be by inevitable accident.

And it is farther ordered by the Authoritie aforesaid, that no Taverner or seller of wine by retale, licenced as aforesaid shall take above nine ponds profit by the Butt or Pipe of wine (and proportionably for all other vessels) toward his wast in drawing and otherwise: out of which allowance everie such Taverner or Vintner shall pay fifty shillings by the Butt or Pipe and proportionably for all other vessels to the Countrie. For which he shall account with the Auditor general or his Deputie every six months and discharge the same. All which they may doe by selling six pence a quart in re-tale (which they shall no time exceed) more than it cost by the Butt, beside the benefit of their art and mysterie which they know how to make use of. And everie Taverner or Vintner shall give a true account and notice unto the Auditor or his Deputie of everie vessel of wine he buies from time to time within three daye; upon pain of forfeiting the same or the value thereof. And all such as retale strong waters shall pay in like manners two pence upon everie quart to the use of the Country, who also shall give notice to the Auditor or his Deputies of everie case and bottle or other quantitie they buy within three dayes upon payn of forfeiture as before.

Also it is ordered that in all places where week day Lectures are kept, all
Taverners, Victuailers and Tablers that are within a mile of the Meeting-house, shall from time to time clear their houses of all persons able to goe to the Meeting, during the time of the exercise (except upon extraordinary cause, for the necessarie refreshing of strangers unexpectedly repairing to them) upõ pain of five shillings for every such offence over and besides the penalties incurred by this Law for any other disorder.

It is also ordered that all offences against this Law may be heard and determined by any one Magistrate, who shall heerby have power by Warrant to fend for parties, and witnesses, and to examin the said witnesses upon oath and the parties without oath, concerning any of these offences: and upon due conviction either by view of the said Magistrate, or affirmation of the Constable, and one sufficient witnes with circumstances concurring, or two witnesses, or confession
of the partie to levie the said severall fines, by Warrant to the Constable for that end, who shall be accountable to the Auditor for the same.
And if any person shall voluntarily confesse his offence against this Law in any the particulars thereof, his oath shall be taken in evidence and stand good against any other offending at the same time.

Lastly, it is ordered by the Authoritie aforesaid that all Constables may, and shall from time to time duly make search throughout the limits of their towns upon Lords dayes, and Lecture dayes, in times of Exercise; and also at all other times, so oft as they shall see cause for all offences and offenders against this Law in any of the pariculars thereof. And if upon due information, or complaint of any of their Inhabitants, or other credible persons whether Taverner, Uictuailer, Tabler or other; they shall refuse or neglect to make search as aforesaid, or shall not to their power perform all other things belonging to their place and Office of Constableship: then upon complaint and due proof before any one Magistrate within three months after such refusall or neglect; they shall be fined for everie such offence ten shillings, to be levied by the Marshal as in other cases by Warrant from such Magistrate before whom
they are convicted, or Warrant from the treasurer upon notice from such
Magistrate. [1645 1646 1647]

Lying.  [Back]
Whereas truth in words as well as in actions is required of all men, especially of Chistians who are the professed Servants of the God to Truth; and wheras all lying is contrary to truth, and some sorts of lyes are not only sinfull (as all lyes are) but also pernicious to the Public-weal, and injurious to particular persons; it is therfore ordered by this Court and Authoritie therof,

That everie person of the age of discretion [which is accounted fourteen years] who shall wittingly and willingly make, or publish any Lye which may be pernicious to the publick weal, or tending to the damage or injurie of any particular person, or with intent to deceive and abuse the people with false news or reports: and the same duly proved in any Court or before any one Magistrate (who hath heerby power graunted to hear, and determin all offences against this Law) such person shall be fined for the first offence ten shillings, or if the partie be unable to pay the same then to be set in the stocks so long as the said Court or Magistrate shall appoint, in some open place, not exceeding two hours.

For the second offence in that kinde wherof any shall be legally convicted the sum of twenty shillings, or be whipped upon the naked body not exceeding ten stripes. And for the third offence that way fourty shillings, or if the partie be unable to pay, then to be whipped with more stripes, not exceeding fifteen. And if yet any shall offend in like kinde, and be legally convicted therof, such person, male or female, shall be fined ten shillings a time more then formerly: or if the partie so offending be unable to pay, then to be whipped with five, or six more stripes then formerly not exceeding fourty at any time.

The aforesaid fines shall be levied, or stripes inflicted either by the Marshal of that Jurisdiction, or Constable of the Town where the offence is committed  according as the Court or Magistrate shall direct. And such fines so levied shall be paid to the Treasurie of that Shire where the Cause is tried. And if any person shall find himselfe greived with the sentence of any such Magistrate out of Court, he may appeal to the next Court of the same Shire, giving sufficient securitie to prosecute his appeal and abide the Order of the Court.

And if the said Court shall judge his appeal causlesse, he shall be double fined and pay the charges of the Court during his Action, or corrected by whipping as aforesaid not exceeding fourtie stripes; and pay the costs of Court and partie complaining or informing, and of Wittnesses in the Case.

And for all such as being under age if discretion that shall offend in lying
contrary to this Order their Parents or Masters shall give them due correction, and that in the presence of some Officer if any Magistrate shall so appoint. Provided also that no person shall be barred of his just Action of Slaunder, or otherwise by any proceeding upon this Order. [1645]

Masters, Servants, Labourers   [Back]
It is ordered by this Court and the Authoritie therof, that no servant, either man or maid shall either give, sell or truck any commoditie whatsoever without licence from their Masters, during the time of their service under pain of Fine, or corporal punishment at the discretion of the Court as the offence shall deserve.

2 And that all workmen shall work the whole day allowing convenient time for food and rest.

3 It is also ordered that when any servants shall run from their masters, or any other Inhabitants shall privily goe away with suspicion of ill intentions, it shall be lawfull for the next Magistrate, or the Constable and two of the chief Inhabitants where no Magistrate is to presse men and boats or pinnaces at the publick charge to pursue such persons by Sea or Land and ring them back by force of Arms.

4 It is also ordered by the Authoritie aforesaid, that the Free-men of everie town may from time to time as occasion shall require agree amongst themselves about the prizes, and rates of all workmens labours and servants wages. And everie person inhabiting in any town, whether workman, labourer or servant shall be bound to the same rates which the said Freemen, or the greater part shall binde themselves unto: and whosoever shall exceed those rates so agreed shall be punished by the discretion of the Court of that Shire, according to the qualitie
and measure of the offence. And if any town shall have cause of complaint against the Freemen of any other town for allowing greater rates, or wages then themselves, the Quarter Court of that Shire shall from time to time set order therin.

5. And for servants and workmens wages, it is ordered, that they may be paid in corn, to be valued by two indifferent Freemen, chosen the one by the Master, the other by the servant or workman, who also are to have respect to the value of the work or service, and if they cannot agree then a third man shall be chosen by the next Magistrate, or if no Magistrate be in the town then by the next Constable, unles the parties agree the price themselves. Provided if any servant or workman agree for any  particular payment, then to be payd in specie, or consideration for default therin. And for all other payments in corn, if the parties cannot agree they shall choos two indifferent men, and if they cannot agree then a third as before.

6 It is ordered, and by this Court declared, that if any servant shall flee from the tyrannie and crueltie of his, or her Master to the house of any Freeman of the same town, they shall be there protected and susteined till due order be taken for their releif. Provided due notice therof be speedily given to their Master from whom they fled, and to the next Magistrate or Constable where the partie so fled is harboured.

7 Also that no servant shall be put off for above a year to any other, neither in the life time of their Master, nor after their death by their Exectuors or Administrators, unles it be by consent of Authorite assembled in some Court, or two Assistants: otherwise all, and everie such Assignment to be void in Law.

8 And that if any man smite out the eye, or tooth of his man-servant, or
maid-servant; or otherwise maim, or much disfigure them (unles it be by meer casualtie) he shall let them goe free from his service, and shall allow such farther recompence as the Court shall adjudge him.

9 And all servants that have served diligently and faithfully to the benefit of their Masters seven years shall not be sent away emptie: and if any have been unfaithfull, negligent, or unprofitable in their service, notwithstanding the good usage of their Masters, they shall not be dismissed till they have made satisfaction according to the judgement of Authoritie. [1630 1633 1635 1636 1641]

Pipe-staves.  [Back]
Whereas information hath come to this Court from divers forrein parts of the insufficiencie of our Pipe-staves in regard especially of worm holes, wherby the commoditie is like to be prohibited in those parts, to the great damage of the Countrie; it is therfore ordered and enacted by the Authoritie of this Court,

That the Select-men of Boston and Charlstown, and of all other towns in this Jurisdiction where Pipe-staves use to be shipped; shall forthwith, and so from time to time as need shall require nominate two men of each town, skilfull in that commoditie, and such as can attend that service to be Viewers of Pipe-staves; who so chosen, shall by the Constable be convented before some Magistrate, to be sworn dilligently and faithfully to vie and search all such Pipe-staves as are to be transported to any parts of Spain, Portugal, or within either of their Dominions, or elsewhere to be used for making of tight cask, who shall cast bye all such as they shall judge not merchantable both in respect of worm-holes and due assize viz that are not in length four foot & half, in breadth three inches and half without sap, in thickness three quraters of an inch, & not more or lesse then an eight part of an inch then three quarters thick: well, and even hewed and sufficient for that use. And they or some one of
the shall at all times upon request give attendance; & they shall enter in a
book the number of all such merchantable Pipe-staves as they shall approve, and for whom.

And if any man shall put aboard any Ship, or other vessel any Pipe-staves other then shall be so searched and approved, to the end to be transported to any part of Spain or Portugal, except they should be shipped for dry cask, he shall forfeit the same whole parcell or the value therof; and the said Viewers shall be allowed two shillings for everie thousand of Pipe-staves which they shall so search, as well the refuse as the merchantable, to be paid by him that sets them a work.

And if any Master or other Officer of any Ship, or other vessel shall receive into such Ship or vessel any parcel of Pipe-staves to be transported into any of the said Dominions which shall not be searched, and allowed as merchantable, and so certified by a note under the hand of one of the said Viewers such Master shall forfeit for everie thousand

Poor.   [Back]
It ordered by this Court and Authoritie therof; that any Shire Court, or any two Magistrates out of Court shall have power to determin all differences about lawfull setling, and providing for poor persons; and shall have power to dispose of all unsetled persons into such towns as they shall judge to be most fit for the maintainance, and imployment of such persons and families, for the ease of
the Countrie. [1639]

Strangers.  [Back]
It is ordered by this Court and the Authoritie therof; that no Town or person shal receive any stranger resorting hither with intent to reside in this Jurisdiction, nor shall allow any Lot or Habitation to any, or entertain any such above three weeks, except such person shall have allowance under the hand of some one Magistrate, upon pain of everie Town that shall give, or sell any Lot or Habitation to any not so licenced such Fine to the Countrie as that County Court shall impose, not exceeding fifty pounds, nor lesse then ten pounds.

And of everie person receiving any such for longer time then is heer
expressed or allowed, in some special cases as before, or in case of
entertainment of friends resorting from other parts of this Country in amitie with us, shall forfeit as aforesaid, not exceeding twenty pounds, nor lesse then four pounds: and for everie month after so offending, shal forfeit as aforesaid not exceeding ten pounds, nor lesse then fourty shillings. Also, that all Constables shall inform the Courts of new commers which they know to be admitted without licence, from time to time. [1637 1638 1647]

Swyne.  [Back]
It is ordered by this Court, and by the Authoritie therof; that every Township within this Jurisdiction shall henceforth have power, and are heerby required from time to time to make Orders for preventing all harms by swine in corn, meadow, pastures and gardens; as also to impose penalties according to their best discretion: and to appoint one of their Inhabitants by Warrent under the hands of the Select-men, or the Constable where no Select-men are, to levie all such Fines and Penalties by them in that case imposed (if the Town neglect it). And where Towns border each upon other, whose Orders may be various, satisfaction shall be made accrding to the Orders of that Town where the damage
is done. But if the swine be sufficiently ringed and yoaked, as the Orders of the Town to which they belong doeth require, then where no fence is, or that it be insufficient through which the swine come to trespasse, the Owner of the land or fence shall bear all damages.

Tobacco.  [Back]
This Court finding that since the repealing of the former Laws against Tobacco, the same is more abused then before doth therfore order,
That no man shall take any tobacco within twenty poles of any house, or so neer as may indanger the same, or neer any Barn, corn, or hay-cock as may occasion the fyring therof, upon pain of ten shillings for everie such offence, besides full recompence of all damages done by means therof. Nor shall any take tobacco in any Inne or common Victualing-house, except in a private room there, so as neither the Master of the said house nor any other Guests there shall take offence therat, which if any doe, then such person shall forthwith forbear, upon
pain of two shillings sixpence for everie such offence. And for all Fines
incurred by this Law, one half part shall be to the Informer the other to the poor of the town where the offence is done. [1638 1647]

Torture   [Back]
It is ordered, decreed, and by this Court declared; that no man shall be forced by torture to confesse any crime against himselfe or any other, unles it be in some Capital case, where he is first fully convicted by clear and sufficient evidence to be guilty. After which, if the Case be of that nature that it is very apparent there be other Conspirators or Confoederates with him; then he may be tortured, yet not with such tortures as be barbarous and inhumane.

2 And that no man shall be beaten with above fourty stripes for one Fact at one time. Nor shall any man be punished with whipping, except he have not othewise to answer the Law, unles his crime be very shamefull, and his course of life vitious and profligate. [1641]