The Plymouth Colony Archive Project

[The present volume is divided in to three parts, of these, Part I., being the more ancient, contains the original Laws, Orders, [etc.] of the Colony, from 1623 to 1657. On the first page is written "Plymouths ancient [book] of Lawes. 1623." Parts II. and III. contain the Laws as revised, reenacted, and published in the year 1658. Part III. also contains enactments down to the year 1682.]

[The following pages were not written upon, namely: Part I. 1, 23 (with the exception of two lines), 28, 29, 30, 41 (with the exception of three words), 42, 84, 86, 94. Part II. 56; by mistake the next page is numbered 60. Part III. 21 (excepting six words), 94, 114, 116, 122, 124, 126, 128, 130, 132, 137, 140, 142, 144, 146, 148, 158.]

[The laws passed from 1683 to 1686, and from 1689 to June 1691, are printed in Volume VI., none being passed by the General Court during their "unjust interruption and suspention therefrom by the illegal arbitrary power of [Sir] Edmond Andros;" that is, from 1686 until June 1689, when they reassumed their former way of government, and continued in the exercise and enjoyment of it until the Colony was annexed to Massachusetts, in the year 1691. - D.P.]

* Orders agreed on at severall times for the Generall good of the Colony and the Better [government] and preservation of the same.

IT was ordained 17 day of [December] Ano 1623 by [the Court] then held that all Criminall facts, and also all [matters] of trespasses and debts betweene man [and] man should [be tried] by the verdict of twelve Honest men to be Impanelled by Authority in forme of a Jury upon their oaths.

It was decreed by the Court held the 29 of March Ano: 1626: 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 [manner] of works as frames for houses planks boards shipping shallops boats cannoos or whatsoever may tend to the distruction of timber [aforesaid] how little soever the quantity be without the Consent approbation and liking of Governour and Councill. 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 benifitt of the Company.

It was further decreed the day [and] year above written for the preventing of such abuses as do and may arise amongst us that no handy-craftsman of what profession soever as Taylors Shoemakers Carpenters Joyners Smiths Sawyers or whatsoever wch 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 forreigners till such time as the nescessity of the Colony be served. Without the consent of the Governor and Councill: the brach thereof to be [punished] at their discretion:

It was ordained the sd 29 of March 1626: for the preventing scarsity as alsoe for the farthering of our trade that no corne beans or 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 [proued] to be sold: and the seller farther fined or punished or [both] at the discression of the [Governor] and Councill.

It was agreed upon by the whole Court held the sixth [of Januar 1627 that from hence] forward no dwelling house [was to be couered with any kind of thatche, as straw, reed [etc.] but with either bord, or pale [and] the like; to wit: of all that were to be new built in the towne.]

* The 3d of January, 1627: it was agreed in a full [Court about division] of lands as followeth.

That the first division of the acres should stand and continue [firme according] to the former division made unto the possessors thereof and to their heires for ever: ffree Liberty being Reserved for all to gett fire wood [thereon] but the Timber trees were excepted for the owners of the ground.

That the 2 division should consist of 20 acres to every person and to Contain five in breadth [and] four in length and so accordingly to be [divided] by lott to every one which was to have share therein.

The Ground to be judged sufficient before the Lots were drawne and the rest to be 1eft to [common] use.

This being done, that for our better subsistance and convenience those grounds which are nearest the Town, in whose lott soever they fall shall be used by the wvhole for the space of 4 years from the date hereof: vizt first that the Right owner make choice of twice that quantity he shall or may [use] within the sd terme and then to take to him such neighbours as shall have need [and] he think fitt: but if they cannot agree then the [Governor] and Councill may appoint as they think meet: provided that the woods [be] ordered for felling [and] lopping 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 [and] license, but he is to preserve [them] to his best advantage.

That what soever the surveighers judge sufficient shall stand [without] contradiction or opposition and every man shall Rest Contented [with] his lott.

That after the purchasers are served as aforesd; that then such [planters] as are heirs to such as dyed before the Right of the land was [yielded] to the Adventurers have also 20 acres a person [proportionable] to their Right Layed out in part of their Inheritance.

That first they shall begin where the acres of the first division end and Lay out that to the Eele River so far as shall be thought fitt by the Surveighors, and Returne to the north side of the [Town] and so [proceed] accordingly, and that they leave all great [Timber] swamps for common use.

That ffowling fishing and Hunting be free:

That the old path ways be still allowed and that [every] man be allowed a conveanient way to the water [wheresoever] the lott 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 thereof when the same is layd out.

The names of the layers out were these
WILLIAM BRADFORD
FRANCIS COOKE
EDWARD WINSLOW
JOSHUA PRATT
JOHN HOWLAND
EDWARD BANGS

WHEREAS at his Maties Court held the [4th & 5th] of [October] in the 12th yeare of the raigne of our [Sov.] Lord Charles by the grace of God King of Engl. Scotl. [ffrance] [and] Irel. Defender of the ffaith [etc.] [It was] ordercd that Mr William Brewster Mr [Ralph] Smith Mr John Done [and] John Jenny for the [Town of Plymouth, Jonathan Brewster [and] [Christopher] Wadsworth for Duxburrough, & James [Cudwworth] & Anthony Annable for Scituate should be [added] to the [Governor] [and] Assistants as [Committees] for the whole body of this [Common] weale should meete together the 15th of [November] at Plymouth aboue [mencioned] [and] there to [peruse] all the lawes orders [and] [constitucions] of the [Plantacions] wthin 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.

Now being assembled according to the said [order] and having read the [Combinacion] made at [Cape] Cod the l1th of Novbr 1620 in the yeare of [the] raigne of our late Sov. L. King James of Engl. ffr. [and] Irel. the eighteenth, [and] of Scotland the fifty [fourth] as also our letters Patents confirmed by [the] honorable Councell his Sd [Majesty] established [and] [granted] the 13th of January 1629 in the fifte yeare of the raigne of our sov. Lord King Charles. And finding that as freeborne subjects of the State of Engl. we hither came indewed wth all [and] singular the priviledges [belonging] to such, in the first place we thinke good that it be [established] for an act That according to the . . . [and] due priviledge of the subject aforesaid no imposicon law or ordnance be made or imposed vpon vs 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.

That whereas before expressed we finde a solemne [and] binding Combinacon as also [letters] Patents derivatory from his [Majesty] of Eng. our dread Sov. for the ordering of a body politick wthin the severall limits of this Patent vizt from Cowahasset to the utmost [bounds] of Puckanokick [westward] [and] all that [tract] of land southward to the [southerne] ocean wth all [and] singular lands rivers havens waters creeks ports fishings fowvlings [etc.] By vertue whereof we ordaine institute and appoint the first Tuesday in March every yeare for the [eleccion] of such officers as shall be thought meet for the guiding [and] [government] of this [Corporacion].

This is altered afterwards to the first Teusday in June yearely by a [generall] Court.

That at the day [and] time appointed a [Governor] [and] seaven Assistants be chosen to rule [and] governe the said [plantacions] wthin the said linmits for one whole yeare [and] no more. And this [eleccion] to be made onely by the freemen according to the former custome. And that then also Constables for each [part] [and] other inferior officers be also chosen.

That in every [eleccion] some one of the Assistants or some other sufficient [person] be chosen Treasurer for the yeare present whose place it shall be to receiue in whatsoever sum or sums shall apperteine to the Royalty of the place either coming in by way of fine [amerceament] or otherwise And shall improue the same for the publick benefitt of this [Corporacion] by order of the [Government]. As also to giue a just account thereof to the ensuing Treasurer [and] to the [Governor] when ever he shall demand it. or the Court when they appoint.

That a Clerk of the Court also be chosen for the yeare.

That also one be chosen to the office of Coroner to be executed as neere as may be to the laws [and] practise of the kingdome of Engl. [and] to continue one [yeare].

The office of the [Governor] for the time being [consists in] the [execucion] of such laws [and] [ordnances] as are or shall be [made] [and] established for the good of this [Corporacion] according [to the] severall bownds [and] limits thereof. vizt: In calling [together] or advising wth the Assistants or Councell of the said [Corporacion] upon such materiall occasions (or so secming to [him], as time shall bring foorth. In wch assembly [and] all other the [Governor] to propound the occasion of the Assembly [and] [have] a dowble voice therein. If the Assistants iudge the case too great to be discided by them, [and] refer it to the Generall Court, then the Governor to [summon] a Court by warning all the ffreemen aforesaid that are then extant, and there also to propownd cawses, and goe before the Assistants in the [examinacion] of [particulars], and to propound such sentence as shall be determined. ffurthcr it shall be lawfull for him to arrest [and] [commit] to ward any offenders provided that wt all convent spede he shall bring the cawse to hearing either of the Assistance or Generall Court according to the nature of the offence. Also it shall be lawfull for him to examine any suspicious [persons] for evill against the Colony, as also to intercept or [oppose] such as he conceiveth may tend to the overthrow of the same. And that this Office continue one whole yeare [and] no more wthout renewing by [eleccion].

You shall sweare to be truly loyall to {deleted by cross-out: our Soveraigne Lord King Charles the State [and] Governmt of England as it now stands, his heires [and] successors.} Also according to that measure of wisdome vnderstanding [and] discerning given unto you faithfully equally [and] indifferently wthout respect of [persons] to administer justice in all cases coming before you as the Governour of New Plymouth. You shall in like maner faithfully duly [and] truly execute the lawes [and] [ordnances] of the same, And shall labor to advance [and] further the good of the Colonies [and] [Plantacions] wthin the limits thereof to the utmost of yor 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.

You shall be truly loyall to {deleted by cross-out: our Soveraigne Lord King Charles the State [and] Governmt of England as it now stands, his heires [and] successors.} You shall not speake or doe, devise or advise any thing or things act or aets directly or indirectly by land or water, that doth shall or may tend to the [destruccion] or overthrowv of this [present] [plantacions] Colonies or [Corporacion] of New Plymouth, Neither shall you suffer the same to be spoken or done but shall hinder oppose [and] discover the same to the [Governor] [and] Assistants of the said Colony for the time being or some one of them. You shall faithfully submit unto sueh good [and] wholsome laws [and] [ordnances] as either are or shall be made for the ordering [and] governmt of the same, and shall endeavor to advance the growth [and] good of the severall [plantations] wthin the [limits] of this [Corporacion] by all due meanes [and] courses. All wch you promise [and] sweare by the name of the great God of heaven [and] earth simply truly [and] faithfully to [performe] as you hope for help [from] God who is the God of truth [and] punisher of falsehood.

The Office of an Assistant for the time being consisteth in appearing at the Governors [summons], and in giving his best advice both in publick Court [and] private Councell [with] the [Governor] for the good of the Colonyes wthin the [limits] of this [Government]. Not to disclose but keepe seeret such things as concerne the publick good, and shall be thought meet to be coneealed by the [Governor] [and] Councell of Assistants: In hauing a speciall hand in the [examinacion] of publick offenders, and in contriving the affaires of the Colony. To haue a voice in the censuring of such offenders as shall not be brought to publick Court. That if the Governor haue occasion to be absent from the Colony for a short time, by the [Governor] wth 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 examine [and] [commit] to ward where any occasion ariseth where the [Governor] is absent, provided the [person] be brought to further hearing wth all convenient speede before the Governor or the rest of the Assistants. Also it shall be lawfull for him in his Maties name to direct his warrants to any Constable wthin the Government who ought faithfully to execute the same according to the nature [and] tenure thereof. And may binde over [persons] for matters of crime to answere at the next ensuing Court of his Maties after the fact [committed] or the [person] apprehended.

Yee shall all sweare to be truly loyall to our [Soveraigne] Lord King Charles his heires [and] Successors Also ye shall faithfully truly [and] justly according to that measure of discerning [and] discretion God hath given you be assistant to the [Governor] for this [present] yeare for the [execucion] of justice in all cases [and] towards all [persons] coming before you wthout [partiallity] [and] according to the nature of the Office of an Assistant read unto you. Moreover yee shall diligently duly [and] truly see that the Lawes [and] [Ordnances] of this [Corporacion] be faithfully executed; and shall labor to advance the good of the severall [Plantacions] wthin the limits thereof, and oppose any thing that shall hinder the same by all due meanes and courses {deleted by cross-out: to the utmost of your power} So help you God who is the God of truth [and] punisher of falsehood.

You shall be truly loyall to our Sover. Lord the King his heires [and] Successors. And whereas you make choice at [present] to reside wthin the [Government] of new Plymouth, You shall not doe or cause to be done any Aet or Acts directly or indirectly by land or water that shall or may tend to the [destrucion] or overthrowv of the whole, or any the severall Colonies wthin the said governmt that are or shall be orderly erected [and] established but shall contrariwise hinder oppose [and] discover such intents [and] purposes as tend thereunto to the Governor for the time being or some one of the Assistants wth all convenient speede. You shall also submit unto [and] obey such good [and] wholsome lawes [Ordinances] [and] Officers as are or shall be established wthin the severall limits thereof. So helpe you God who is the God of truth [and] punisher of ffalsehood.

You shall sweare to be truly loyall to {deleted by cross-out: our Soveraigne Lord King Charles the state [and] Govrment of England as it now stands, his heires [and] Successors, whc} (you shall faithfully serue in the office of a Constahle in the ward of [blank space] for this [present] yeare according to that measure of wisdome understanding [and] discretion God hath given you. In wch time you shall diligently see that (his Maties) The peace [commanded] be not broken, but shall carrie the [person] or [persons] offending before the [Governor] of this [Corporacion] 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 [persons], and bring them before the said [Governor] or some one of his Assistants as aforesaid. You shall duly [and] truly serue such warrants [and] giue such [summons] as shall be directed unto you [from] the [Governor] or Assistants before [mencioned], and shall [labour] to advance the peace [and] happines of this [Corporacion] [and] oppose any thing that shall seeme to annoy the same by all due meanes [and] [courses]. So helpe you God who is the God of truth [and] punisher of falsehood.

*That the annuall [eleccion] of Officers before expressed be at a Generall Court held in his Maties name of Engl. And that the [Governor] in due season by warrant directed to the severall [Constables] in his Maties name aforesaid giue warning to the ffreemen to make their apparance: And that all other our Courts warrants, summonds or [commands] by way of justice be all done directed [and] made in the name of his Majesty of England aforesaid our dread Soveraigne.

And for default in case of apparance at the [Eleccion] before [mencioned] wthout due excuse each delinquent to be amerced in 3 [pounds] [sterling].

{crossed out: That if at at any time any shall be elected to the office of Governor [and] will not hold according to the [eleccion] that the he be amerced in 20 li starling ffine.}

{crossed out: That if any elected to the office of Assistant refuse to hold according to [eleccion] that then he be amerced in ten pownds starling ffine.}

{crossed out: That in the case one [and] the same [person] should be elected [Governor] a second yeare having held the place the foregoing yeare it should be lawfull for him to refuse wthout any amercemt unles they can prevaile wth him by entreaty.}

*That the Governmt vizt the [generall] Courts [and] Courts of Assistants be held at Plymouth {crossed out: [and] that the [Governor] hold his dwelling there for the [present] yeare} except such Inferior as for some matters shalbe allowed by this Court in other places of this [Government].

That a great Quest be panelled by the [Governor] and Assistants or the Grand Jury major [part] of them [and] warned to serue the king by enquiring into the abuses [and] breaches of such wholsome lawes [and] [ordinances] as tend to thc [preservacion] of the peace [and] good of the subject. And that they present such to the Court as they either [corssed out: finde] guilty {crossed out: or probably supect} that so [they] may be [prosecuted] by the [Governor] by all due meanes.

It is enacted That no [presentment] hereafter shalbe exhibited to the Grand Enquest to be brought to the Bench except it be donn vpon oath and that it shalbe lawfull for any of the Assistants to administer an oath in such case.

That in every Constablerick there be a paire ofstocks erected. {crossed out: Also a cage} wch {crossed out: shall be competent strength to detaine a prisoner,} [and] these to be erected in such place as shall be thought meet by the severall neighborhoods where they concerne vpon the penalty of [ten shillings] for any towneship wch shalbe defectiue herein.

{crossed out: That the Constable see the high waies for man [and] beast be made [and] kept in convenient repaire [and] therefore be also appointed surveighor for the liberty he is chosen. That Two Surveighors in euery Constablerick be chosen each yeare to see that the high waies be mended competently.} And if it fall out that a way be wanting upon due complaint That then the Governour panell a Jewry [and] upon Oath charge them to lay out such way as in conscience they finde most beneficiall for the [Common] weale [and] as little prejudice as may be to the [particular].

* That it be lawfull for the Governour as well to pannell such the [kings] subjects of good report that are ffreeholders [and] no ffreeman upon Jewry to doe service to his Matie as well as such as haue taken up their ffreedome if thought convenient.

That the lawes [and] [ordnances] of the Colony [and] for the Governmt of the same be made onely by the ffremen of the Corporacon [and] no other. provided that in such rates [and] [taxacions] as are or shall be laid upon the whole they be wthout [partiallity] so as the ffreeman 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 [and] redressed if there be due cause.

That an oath of Allegiance to the King [and] fidelity to the Governmt [and] the sev. Colonies therein be taken of every [person] that shall liue wthin or under the same.

* That All trialls wwhether Capitall or between man [and] man be tryed by Jewvryes according to the [presidents] of the law of Engl. as neer as may be.

That the [Governor] [and] twvo [Assistants] at the lest shall as occasion shall be offered in time convenient determine in such triviall cases vizt under forty [shillings] between man [and] man as shall come before them as also in [offences] of smale nature shall determine doe [and] execute as in wisdome God shall direct them.

Treason or rebellion against the [person] of the King State or [Common] wealth either of England or these Colonies.

Willfull Murder.

Solemn Compaction or conversing wth the divell by way of witchcraft [conjuracion] or the like.

Willfull [and] purposed burning of ships howses.

Sodomy, rapes, buggery.

Adultery to be punished.

* {crossed out: Adultery} [ffornicacion] [and] other uncleane carriages to be punished at the discretion of the Majestrates according to the nature thereof.

[ffornicacion] before contract or marriage.

The stealing or attempting to steale ships [boats] [municion] or other things of that nature to be punished according to the [determinacion] of the Majestrates.

That all sales exchanges [gifts] morgages leases or other [Conveyances] of howses [and] [lands] the sale to be acknowledged before the [Governor] or any one of the Assistants [and] [committed] to publick Record and the fees to be payd.

That euery mans marke of his Cattle be brought to the towne booke where he liues [and] that no man giue the same, but shall alter any other bought by him [and] put his owne upon them.

That Inheritance do descend according to the [commendable] custome of Engl. [and] hold of Est Greenwch.

That If the husband die the wife shal haue a third [part] of his [lands] during her life, {crossed out: And if he die wthout will to haue also} and a 3d of his [goods] {crossed out: but by will may wholly be disposed of by the husband, as he please} to be at her owne disposeng.

That One [Common] standard to be used by all for weight [and] measure And that according to Winchester wch is the standard of Engl.

* That No Warre nor league of peace be made by [any] [particular] [person] or [persons] but such as shall be agreed [and] determined in and by a Gcnerall Court, except in such case of emenent danger as a Court cannot be called or [summoned].

That in case necessity require to send [forces] abroade [and] there be not volunteers [sufficient] offered for the service then it be lawfull for the [governor] [and] Assistants to presse in his Maties name by their warrant directed to the Constables. Prouided if any that shall goe returne maymed [and] hurt he shalbe mayntayned competently by the Colony duringe his life. And also that if there shalbe neede of horses for the Countreys service it shalbe lawfull for the [Governor] [and] [Assistants] likewise to presse horses for such service by the {unintelligble} paying them for them or taking order for their payment.

That concerning misdemeanors as any shall be convicted in Court of any [particular] to be Censured by the bench according to the nature of the offence as God shall direct them.

That none be allowed to marry that are under the covert of [parents] but by their consent [and] [approbacion]. but in case consent cannot be had then it shall be wth the consent of the [Governor], or some assistant to whom the [persons] are knowne whose care it shall be to see the marriag be fitt before it be allowed by him. And after [approbacion] be three severall times published before the solemnising of it. or els in places where there is no such meetings that [contracts] or [agreements] of marriage may be so published, that then it shalbe lawfull to publish them by a writing thereof made and set vpon the usuall publike place for the space of fifteene days. [provided] that the writing be vnder some [majestrate's] hand or by his order.

That all such as [depart] any his Maties [Courts] before they be dismissed wthout due leaue be amerced in three shillings [sterling].

That no man make sale or sell out of the Colonys any kind of [boards] [plancks] or Timber that hath been growing in any the swamps that are reserved for publick use wthout leaue, but shall onely so doe of such as arise out of his owne [proper] [grownds].

* That each [person] for himselfe [etc.] accord to Jan. 2d l632 haue peece powder [and] shott vizt a [sufficient] musket or other serviceable peece for war wth bandeleroes sword [and] other [appurtenances] for himselfe [and] each man servt he keepeth able to beare Armes. And that for himselfe [and] each such [person] under him he be at all times furnished wth two [pownds] of powder and ten [pownds] of [bullets] [and] for each default to forfeit ten shillings.

Since this tyme it is agreed upon by the Comissioners that it shalbe but one pound of powder [and] foure [pounds] of bulletts wth match foure fathome for eich matchcock peece.

{crossed out: That no sheepe be sould out of the Colonys if competent price will be heere given for them.}

It is further enacted that whereas formerly a smale moyety of land was allotted to each ffamily for their convenient subsistance in the towne of Plymouth vizt to each [person] an acre, [and] that now the said Acres lie void the ancient [inhabitants] being for the most [part] renmoved from thence: Insomuch that as formerly they were the meanes of subsisting in towne now the [propriety] of [persons] in them elsewhere seated hinder others from [comming] into the towne: by wch meanes the said towne is like to be dispeopled It was therefore agreed uppon by the mutuall consent of the whole (two [persons] onely excepted) That all [and] every such [person] [and] [persons] should [and] did 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 New Plymouth as also other the wast [grownds] about the said Towne by such an orderly [and] equall course as shall be thought meet by the [Governor] [and] Cowncell, And that the said [Governor] [and] his [Assistants] thinke of some equall course to satisfie such as haue purchased any [and] the [persons] not able to make [satisfaccion].

* That whereas God by his [providence] hath cast the ffish [called] alewiues or herring[s] in the middest of the towne of new Plymouth. And that the grownd thereabout hath been [worne] out by the whole to the damage of those that now inbabite the same. It is therefore enacted That the said herrings [Alewiues] or [shadds] [commonly] used in the setting of Corne be appropriated to such as doe or shall inhabite the Towne of Plymouth aforesaid. And that no other haue any right or propriety in the same saue onely for bait for fishing, and that by such an orderly course as shall be thought meet by the [Governor and Assistants].

That the wills [and] [Testaments] of such as die be [proved] orderly before the [Governor and Assistants] wthin one moneth after the decease of the Testator And that a full Inventory duly valued be presented wth the same before [letters] of [Administracion] be granted to any of all the [goods] [and] chattels of the said [persons]. Also if in case any man die wthout will his [goods] be by his wife or others neerest to him inventoried [and] duly valued [and] presented to the [Governor and Assistants] wthin one moneth after the decease of the said [person] so dying. And if it be a single [person] wthout kindred heer resident That then the [Governor] appoint some to take a just Inventory of the same [and] to prcsent the same upon Oath to be true [and] just as in other the cases bcfore [mencioned].

* That in case it fall out that any die more indebted thcn their estates of [goods] [and] Chattels amount unto If the [person] so deceased haue bought any [lands] in his life time to the impayring of his estate otherwise, That the [lands] so bought be sold to make [satisfaccion] to the Creditors: But whereas a [porcion] is disposed of to each for the subsistance of him or herselfe [and] ffamily, That such [lands] remaine to the survivors his or her heires [etc.] no seisure being allowed the creditors in that case.

That whatsoever damage coms to any by Cows [goats] mares sheepe or any of those kindes by coming into their corne or gardens be made good by the owners of the said Cattle as it shall be valued by two of the neighbours. And that it shall be lawfull upon each such trespasse to impownd the Cattle trespassing till due satisfaccon be made.

* That no man keepe more swine then he can ordinarily keepe about his owne place, and that they be dowbly rung or at lest sufficiently wrong that they roote not up [and] destroy the medows [etc.] And if 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] fiue [shillings].

Also if in case any be fownd unrung (or unyoaked after notice as before) then to forfeit upon discovery of it for each swine 2 [pounds] [and] for every weeke after any shall so continue fiue [shillings] the one half to come to the [person] so finding [and] discovering them, the other half to the Towneship to wch 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 yokking to continue from mid June to Sept. ult. if required. But if any lose their [rings] or yoakes the first notice to be wthout fine.

* That whereas as well the [lands] wthin this patent as the [municion] [etc.] was bought by way of purchase by diverse the [Inhabitants] of new Plymouth and that the said purchasers are possessed but of smale [proporcions] of land [and] many of them meane. It is therefore thought meet that the said purchascrs shall hold [and] haue reserved for themselues [and] their heires so much land in such place [and] [places] as they shall judge meete [and] convenient for themselues [and] their heires aforesaid.

That such children as are heer borne [and] next unto them such as are heer brought up under their [parents] [and] are come to age of discretion allowed, [and] want [lands] for their [accommodacion] be provided for in place convenient before any that either come from England or elsewhere. then to seeke as they are.

That place [and] [places] convenient reserved for the said purchasers [and] their heires. They surrender the remainder of the [lands] to be disposed of wthin the [limits] of the [letters] patent dated to W. B. [and] his [associates] to the Governmt consisting of the Majestrates [and] ffreemen of this [Corporacion].

* That a convenient forme for Register of mens [particular] holds be heer incerted.

* That fishing fowling hawking hunting be freely allowed provided if any [dammage] come to any [particular] by the [prosecucion] of such game [restitucion] be made or the case actionable. But if any man desire to improue a place [and] stock it wth fish of any kinde for his private use it shall be lawfull for the Court to make such a grant [and] forbid all others to make use of it.

That every Constablerick haue a [sufficient] pownd to {crossed out: imprison} impownd Cattle that shall transgresse any such orders [as] are or shall be made.

A law added for a pound breach.

That no man doe heard either his owne Cattle or other mens to the prejudice of any at or neere his or their howse upon their land but upon due notice [and] warning shall reforme it or the case be actionable.

That wvhoever shall kill a Wollfe [and] make it [sufficient] knowvne to the [Governor] or some assistant shall haue four bushell of Corne to be raysed of the Constablerick or liberties.

That [whatever dammage] come to any by Cowes, [goats] mares sheepe or [hogs] by breaking into mens [sufficient] inclosures. It shall be lawfull for the [persons] so damnified to impownd them, and two indifferent men to view the [dammage] wch accordingly shall be given [and] payd.

* That no guns or Iron traps be sett unles in [particular] inclosures [and] that not neere any high way.

That no servt [comming out of his time or other single [person] be suffered to keepe howse or be for him or themnselues till such time as hee or they be competently provided of Armes [and] [municion] according to the order of the Colonyes. And that if any such be yet wanting they be provided as aforesaid or else provide themselues such masters as may provide for them. And that to be done forthwth upon due warning.

That none be suffered to retale wine strongwvater or beere either wthin doores or wthout except in Inns or Victualling howses allowed. And that no beere be sold in any such place to exceed in price two pence the Winchester quart.

That such as either drinke drunke in their [persons] or suffer any to drinke druncke in their howses by enquired into amongst other misdemeanors [and] accordingly punished or fined or both by the [discrecion] of the bench.

That the children [and] [servants] of such as dwell neer any victualling howse be not entertayned or suffered by the mr of the sd howse there to drinke [and] spend their time but if any such thing can be proved it be esteemed a misdemeanor punishable in the [said] Victualler [and] to be enquired into.

* That such [servants] as come out of their times and are by their [Covenants] to haue [lands] haue onely fiue acres apeece at [present] And that, if they be fownd fit to occupie it for themselues in some convenient place.

That none be allowed to be [howsekeepers] or build any Cottages or dwelling howses till such time as they be allowed by the [Governor] or some on or more Cowncell of [Assistants].

That from this time forward whoever shall [covenant] to giue [lands] by Indenture to their [servants] at the [exspiracion] of their service shall make good the same out of their [proper] [lands], the [Government] being free [from] any such [Covenants] [and] therefore not to be exspected.

That the towne of Plymouth vizt the purchasers [and] ffreemen. haue liberty of themselues to dispose of the lands that are doe or shall belong unto them to such they thinke meet to receiue in unto them, And also to make such orders for their convenient [and] more [comfortable] subsistance as shall by them be thought most meet [and] convenient provided they be not contrary to the publick [ordnances] of the Governmt

That Scituate be allowed the like liberties [and] to dispose of the [grownds] between the North River [and] Cowehasset provided they have recourse to Plymouth in case of Justice.

* That whereas [lands] are given [and] [granted] to [persons] upon supposall of their living upon them for the maintenance [and] strength of society. If it fall out that [persons] shall not occupie any such [lands] but [depart] from the same place, such former grant or [grants] to be of none effect but shall returne [and] be otherwise disposed of by the Governmt in generall or Towneship in [particular] as it shall fall out.

That it be in the powver of the Governor [and Assistants] to [command] solemn daies of [humiliacion] by fasting [etc.] and also for thankesgiving as occasion shall be offered.

That all such misdemeanurs of any [person] or [persons] as tend to the hurt [and] detriment of society Civility peace [and] neighbourhood be enquired into by the grand Enquest [and] the [persons] presented to the Court that so the disturbers thereof may be punished [and] the peace [and] welfare of the subject comfortably preserved.

To be ready at the Governours or any the Assistants warning to doe such service as shall be appointed for the good of the severall Colonies wthin this Governmt [and] to be esteemed as a publick officer to doe [and] execute according to the nature of such [warrants] as shall be directed to him in any [part] thereof. [As Constable for the speciall ward belonging to Plymouth, vizt from Jones river sowthward so far as any habite at [present]. As Jaylor to keepe such as shall be [committed]. And either to execute such punishmt as shall be inflicted by publick censure, or cause it to be done.] To giue warning of such marriages as shall be approved by authority To seale those measures [and] [weights] that be allowved. [And] to measure out such lands as shall be ordered by the Governor or Governmt.

You shall be truly loyall to our Soveraigne Lord the King his heires [and] successors. You shall duly truly and faithfully waite uppon [performe] [and] execute the Office of you are called unto, seeking by all due meanes the welfare of the severall Colonies wthin this Governmt of New Plymouth: Attending such order, obeying such [warrants], [and] doing such service as the Governour for the time being or any his [Assistants] shall require, either in the behalfe of our Sov. Lord the King or between man [and] man as the case requireth for the peace [and] tranquillity of the place. You shall to the utmost of yor power safely keepe such prisoners as are committed to yor custody and inflict or execute such sentence as shall be awarded or cause it to be done. Also such [weights] [and] measures as shall be brought unto you shall as neere as may be make agreeable wth the standard [committed] to yor trust, and shall onely take such fees as are allowed wthout fraud or oppression. You shall also faithfully duly [and] truly serue our Sover. Lord the K. in the Office of a Constable in the ward of New Plymouth, wherein you shall see that his Maties peace [commanded] be not broken: but shall apprehend any that shall disturbe the same, and bring him or them before the [Governor] or some one of the [Assistants] for the time being, and there attend such order as shall be given. All wch you shall faithfully [promise] to obserue [and] doe. So helpe you God who is the God of truth [and] punisher of falsehood.