USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 44
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[16*] Provided allso, that no man shall bee lyable to satisfie for dammage done in any ground not sufficiently fenced, except it shall bee for dammage done by Swyne vnder a yeare old, or vnruly Cat- tle wch will not bee restreined by ordinary fences, or where any man shall put his Cattle, or otherwise voluntarily tresspass vppon his neighbors ground. And if the partye damnified finde the Cattle dammage faisant, hee may impound or otherwise dispose of them. 6th Octo: (52.) The Courte declares & explaines this order doth not reach the Lands on ye east side of the Great Riuer.
CATTLE TO BEE MARKED.
For the preventing of differences that may arise in the owning of Cattle that bee lost or stray away,
It is ordered by this Courte, that the owners of any Cattle within this Jurissdiction shall eare marke or brand all theire Cattle and Swyne that are above halfe a yeare old (except Horses, ) and that they cause theire severall markes to bee registred in the Towne Booke, and whatsoeuer Cattle shall bee found vnmarked after the first of July next, shall forfeitt fiue shillings a head, whereof two shillings sixpence to him that discouers it, and the other to the Country .*
COMMON FIELDS.
Whereas the condition of these seuerall plantations in these be- ginnings wherein wee are, is such that necessity constraines to im- proue much of the ground belonging to the seuerall Townes in a Common way, and it is obserued that the publique and generall good, (wch ought to bee attended in all such improvements as are most propper to them, and may best advance the same,) receiues much prejudice through want of a prudent ordering and disposing of those seuerall Common Lands so as may best effect the same ;-
It is ordered by this Courte and Authority thereof, that each Towne shall chuse from among themselues fiue able and discreet men, who by this order haue power giuen them, and are required, to take the Common Lands belonging to each of the severall Townes respectively into serious and sadd consideration, and after a through disgesting of theire owne thoughts, sett downe vnder theire hands in what way the said Lands may, in theire judgements, bee best im- proved for the common good. And whatsoeuer is so decreed and determined by the said fiue men in each Towne, or any three of
* Enacted Feb. 5, 1644-5. p. 118.
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them, concerning the way of improuem of any such Lands, shall bee attended by all such persons that have any propriety or inter- est in any such Lands so judged [by the said Committee.] [17*] And whereas allso, much dammage hath risen not onely from the vnrulines of some kinde of Cattle [but allso] from the weaknes and insufficiency of many fences, whence much variance and dif- ference hath followed, wch if not prevented for the future may bee very preiuditiall to the publique peace ;-
It is likewise therfore ordered, that the said fiue men so chosen or at least three of them shall set downe what fences shall bee made in any Common grounds, and after they are made to cause the same to bee veiwed, and to sett such fynes asthey judge meete vppon any as shall neglect or not duely attend theire order therein ; and where fences are made and judged suffitient by them, whatsoeuer dammage is done by hoggs or any other Cattle, shall bee paid by the owners of the said Cattle. And the severall Townes shall haue libberty once euery yeare to allter any three of the former fiue, and to make choyce of others in theire roome. It being provided that any per- ticular man or men, shall haue libberty to inclose any of theire per- ticular grounds, and improue them according to theire owne discre- tion by mutuall agreement, notwithstanding this order .* This ser- vice is committed to the Townsmen, as appeares by an order of Courte, 5th of Febr, 1650, on the other side of this booke.t
CAVEATS ENTRED.
Whereas it appeares that diuers to defeate and defraude theire Creditors may secreetly and vnderhand make Bargaines and Con- tracts of theire Lands, Lotts and Accomodations, by meanes where- of, when the Creditor thinkes hee hath "a meanes in due order of Law to declare against the said Lands, Lotts and Accomodations, and so recouer satisfaction for his debt, hee is wholy deluded and frustrated, wch is contrary to a righteous rule that euery man should pay his debt with his estate, bee it in what it will bee, either reall or personall, this Courte taking it into consideracon doe order, sen- tence and decree, That if any Creditor for the future doe suspect any debtor, that hee may prooue non soluant in his personall estate, hee may repaire to the Register or Recorder of the plantation where the Lands, Lotts or Accomodacons lyes, and enter a Caveatt against
* Enacted Feb. 14th, 1643-4. (p. 10].) with an amendment authorizing the appointment of five men, in place of seven, Feb. 5th, 1644-5. (p. 118.) + Page 214.
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the Lands, Lotts and Accomodacons of the said debtor, and shall giue to the said Register or Recorder foure pence for the entry there- of: And the said Creditor or Creditors shall take out summons against the said debtor, and in due forme of Law, the next perticular Courte, either for the whole Colony or for the perticular plantation where the said Lands, Lotts or Accomodations lyes, or the next Courte en- sueing, declare against the said debtors Lands, Lotts and Accomo- [18*] dations.| And so if the Creditor recouer, hee may enter a judgement vppon the said Lotts, Lands and Accomodations, and take out an extent against the said Land, directed to a knowne officer, whoe may take two honest and sufficient men of the neigh- bours, to aprize the said Lands, Lotts and Accomodations, either to bee sould outright if the debt so require, or sett a reasonable rent vppon the same vntill the debt bee paid, and deliver the possession thereof either to the Creditor or Creditors, his or theire Assigne or Assignes, or any other ; and what sale or sales, lease or leases, the said officer makes, being orderly recorded, according to former order of recording of Lands, shall bee as legall and binding to all intents and purposes as though the debtor himselfe had done the same ; provided that if the said debtor can then presently procure a Chapman or Tennant that can giue to the Creditor or Creditors satis- faction to his or theire content, hee shall haue the first refusing thereof. Allso it is declared, that hee weh first enters Caveatts as abouesaid, and his debt being due at his entring the said Caveatt, shall bee first paid ; and so euery Creditor as hee enters his Caveatt and his debt becomes due, shall bee orderly satisfied, vnless it ap- peare at the next Courte, the debtors Lands, Lotts and Accomoda- cons proue insufficient to pay all his Creditors, then euery man to haue a sutable proportion to his debt out of the same, and yet not- withstanding euery man to receive his parte according to the entry of his Caveatt. Yet this is not to seclude any Creditor to recouer other satisfaction, either vppon the person or estate of the debtor ac- cording to Lawe and Custome of the Colony. As allso it is further decreed, that what sale or bargaine so euer the debtor shall make concerning the said Lotts, Lands and Accomodations, after the entring of the said Caveatt, shall bee voide, as to defraude the said Creditors.
It is allso further explained and declared, that if the said debtor bee knowne to bee a non solvant man before the first Caveatt entred against the said Lotts, Lands and Accomodations, and the same ap- peare at the next perticular Courte, then the Courte shall haue power
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to call in all the Creditors in a shorte time, and sett an equall and indifferent way, how the creditors shall bee paid out of the said Lotts, Lands and Accomodations ; otherwise, if the said Debtor prooue insolvant after ye first Caveatt entred, then this order to bee dulye obserued, according to the premisses and true intent and mean- ing thereof.
It is allso further declared and explained, that the said Recorder or Register of the said Caveatt, shall, the next perticular Courte as aforesaid, returne the said Caveatts that are with him ; at wch time and Courte the enterers of the said Caveatts shall bee called forth to prosecute the same the next perticular Courte following, and if the enterers of the said Caveatts faile to prosecute according to this order, the Register or Recorder of the said Caveatt or Caveatts shall putt a Vacatte vppon [the said Caveatt or Caveatts] wch shall bee in- valid or voide to [charge] the saide Lotts, Lands and Accomodations aforesaid .*
[19*]
DISSORDER IN COURTE.
It is ordered by this Courte that whosoeuer doth disorderly speake priuately during the sitting of the Courte, with his neighbor, or two or three together, shall presently pay twelue pence, if the Courte so thinke meete.t
SECREETS IN COURTE.
It is ordered and decreed, that whatsoeuer member of the Gen- erall Courte shall reueale any secreett wch the Courte inioynes to bee kept secreet, or shall make knowne to any person what any one member of the Courte speakes concerneing any person or businesses that may come into agitation in the Courte, shall forfeitt for euery such fault ten pounds, and bee otherwise dealt withall at the dis- cretion of the Courte. And the Secretary is to read this order at the beginning of euery Generall Courte.}
CHILDREN.
Forasmuch as the good Education of Children is of singular be- hoofe and benefitt to any Common wealth, and whereas many pa- rents and masters are too indulgent and negligent of theire duty in that kinde ;-
It is therfore ordered by this Courte and Authority thereof, that the Select men of euery Towne, in the seuerall precincts and quar-
* Enacted, May 25th, 1647. p. 151: + Mar. 9th, 1637-8. p. 13.
# Oct. 1639. p. 39.
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ters where they dwell, shall haue a vigilant eye ouer theire breth- ren and neighbours, to see first, that none of them shall suffer so much Barbarisme in any of theire familyes as not to indeauor to teach by themselues or others theire Children and Apprentices so much Learning as may inable them perfectly to read the Inglish tounge, and knowledge of the Capitall Lawes, vppon penalty of twenty shillings for each neglect therein ; Allso, that all Masters of familyes doe once a weeke at least, catechise theire children and servants in the grounds and principles of religion ; and if any bee vnable to doe so much, that then at the least they pro- cure such Children or Apprentices to learne some shorte orthodox Catechisme, without booke, that they may bee able to answer to the questions that shall bee propounded to them out of such Catechismes by theire parents or Masters or any of the Select men, when they shall call them to a tryall of what they have learned in this kinde. And further, that all Parents and Masters doe breed and bring vp theire Children and Apprentices in some honest lawfull [calling,] [20*] labour or imployment, either in husbandry, or some other trade proffitable for themselues and the Common wealth, if they will not nor cannott traine them vp in Learning to fitt them for higher i mployments. And if any of the Select men, after Admonition by them giuen to such Masters of familyes, shall finde them still negli- gent of theire duty in the perticulars aforementioned, wherby Chil- dren and Seruants become rude, stubborne and vnruly, the said Select men with the helpe of two Magistrates shall take such Chil- dren or Apprentices from them, and place them with some masters for yeares, boyes till they come to twenty one and girles to eight- eene yeares of age compleat, weh will more strictly looke vnto, and force them to submitt vnto gouernemt, according to the rules of this order, if by faire meanes and former instructions they will not bee drawne vnto it.
CONSTABLES.
It is further ordered by the Authority aforesaid, that any person tendred to any Constable of this Jurissdiction by any Constable or other officer belonging to any Forreigne Jurissdiction in this Coun- try, or by warrant from any such Authority, such shall presently bee received and conueyed forthwith from Constable to Constable, till they shall bee brought vnto the place to weh they are sent, or be- fore some magistrate of this Jurisdiction, whoe shall dispose of them as the Justice of the Cause shall require ; and that all Hue 45*
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and Cryes shall bee duely received and dilligently persued to full effect.
It is ordered by the Authority of this Courte, that euery Consta- ble within our Jurissdiction shall henceforth haue full power to make, signe and put forth persuits or Hue and Cryes, after Murthers, Malefactors, Peacebreakers, Theeues, Robbers, Burglarers and other Capitall offendors, where no magistrate is neare hand. Allso, to apprehend without warrant such as are ouertaken with drinke, swearing, Saboath breaking, slighting of the ordinances, lying, vagrant persons, night wallkers, or any other that shall offend in any of these, provided they bee taken in the manner, either by sighte of the Constable or by present information from others : As allso to make search for all such persons either on the Saboath day or other, when theire shall bee occasion, in all howses lycenced to sell either Beare or Wyne, or in any other suspected or disordered places, and those to apprehend and keepe in safe custody till oppertunity serues [2]*] to bring them before one of the next Magistrates || for further examination ; Provided, that when a[ny Consta]ble is imployed by any of the Magistrates for [appre]hending of any person, hee shall not doe it [without] warrant in writing ; And if any person shall refuse to assist any Constable in the execution of his office in any of the things aforementioned, being by him required thereto, they shall pay for neglect thereof ten shillings to the use of the Country, to bee leuyed by warrant from any Magistrate before whome any such offendor shall bee brought; and if it appeare by good testi- mony that any shall willfully, obstinately or contemptuously refuse or neglecte to assiste any Constable, as is before expressed, hee shall pay to the vse of the Country forty shillings ; and if any Magistrate or Constable, or any other vppon vrgent occasions shall refuse to doe theire best indeauor in raising and prosecuting Hue and Cryes, by foott, and if need bee, by horse, after such as haue committed Capi- tall crimes, they shall forfeit to the vse aforesaid for euery such offence, forty shillings.
And it is allso ordered, that the Constables in each Towne shall bee chosen from yeare to yeare before the first of March, and sworne to that office the next Courte following, or by some Magistrate or Magistrates.
CONVEYANCES FRAUDULENT.
It is ordered by this Courte and Authority thereof, that all Cove- nons or fraudulent Alienations or Conveyances of Lands, tenements
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or any hereditaments, shall bee of no validity to defeat any man from due debts or legacyes, or from any just Title, clayme or pos- session of that weh is so fraudulently conveyed, and that no convey- ance, deed or promise whatsoeuer shall bee of validity, if it bee gotten by illegall violence, imprisonment, threatening or any kinde of forcible compulsion caled Dures.
CRUELTY .
It is ordered by this Courte and Authority thereof, that no man shall exercise any tiranny or cruelty towards any brute creatures wch are vsually kept for the vse of man.
[22*]
DAMMAGES PRETENDED.
It is ordered by this Courte, that no man in any Sute or Action against another shall falsely pretend great dammages or debts, to vexe his Adversary ; and if it shall appeare any doth so, the Courte shall haue power to sett a reasonable fyne on his head.
DEATH VNTIMELY.
It is ordered by this Courte and Authority thereof, that whenso- euer any person shall come to any very sudden, vntimely or vnnat- urall death, some Magistrate or the Constable of that Towne shall forthwith summon a Jury of Jury of sixe or twelue discreet men to inquire of the cause and manner of theire death, whoe shall pre- sent a true verdict thereof vnto some neare Magistrate vppon theire oath.
DELINQUENTS.
It is ordered, that all persons hereafter comitted vppon Delinquen- cy, shall beare the charges the Country shall bee at in the prosecu- tion of them ; And shall pay to the Mar of the prison or Howse of Correction, two shillings six pence before hee bee freed therefrom. Vide Execution vppon Delinquents.
ECLESEASTICALL.
Forasmuch as the open contempt of Gods word, and messengers thereof, is the desolating sinne of Ciuill States and Churches, and that the preaching of the Word by those whome God doth send is the chiefe ordinary meanes ordained by God for the converting, edefying and sauing the soules of the elect, through the presence and power of the Holy Ghost therevnto promised ; and that the min- istry of the Word is sett vp by God in his Churches for those holy
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ends, and according to the respect or contempt of the same and of those whome God hath set aparte for his owne worke and imploy- ment, the weale or woe of all Christian States it much furthered and promoated ;-
[23*] It is therfore ordered and decreed, that if any Christian (so called,) within this Jurissdiction shall contemptuously [behave] him- himselfe towards the word preached or the messengers th[ereof,] called to dispence the same in any Congregation, when hee faith- fully execute his seruice and office therein according to the will and word of God, either by interrupting him in his preaching, or by charging him falsely with an error wch hee hath not taught in the open face of the Church, or like a sonne of Korah, cast vppon his - true doctrine or himselfe any reproach, to the dishonor of the Lord Jesus whoe hath sent him, and to the disparagement of that his holy ordinance, and making God's wayes contemptible or ridiculous, that euery such person or persons, (whatsoeuer censure the Church may passe,) shall for the first scandall, bee convented and reproved openly by the Magistrate, at some Lecture, and bound to theire good behaviour : And if a second time they breake forth into the like contemptuous carriages, they shall either pay fiue pounds to the pub- lique Treasure, or stand two houres openly vppon a block or stoole foure foott high, vppon a Lecture day, with a paper fixed on his breast written with Capital Letters, AN OPEN AND OBSTINATE CON- TEMNER OF GODS HOLY ORDINANCES, that others may feare and bee ashamed of breaking out into the like wickedness.
It is ordered and decreed by this Court and Authority thereof, that wheresoeuer the ministery of the word is established according to the order of the Gospell throughout this Jurissdiction, euery person shall duely resorte and attend therevnto respectiuely vppon the Lords day, and vppon such publique fast dayes and dayes of Thanksgiuing as are to bee generally kept by the appointment of Authority. And if any person within this Jurisdiction shall without just and necessary cause withdraw himselfe from hearing the publique ministry of the word, after due meanes of conviction vsed, he shall forfeit for his absence from euery such publique meeting, fiue shillings : All such offences to bee heard and determined by any one Magistrate or more, from time to time.
Forasmuch as the peace and prosperity of Churches and members thereof, as well as Ciuill rights and Libberties are carefully to bee maintained,-It is ordered by this Courte and decreed, that the Civill Authority heere established hath power and libberty to see the peace,
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ordinances and rules of Christe bee observed in euery Church ac- cording to his word ; as allso to deale with any Church member in a [24*] way of Ciuill [justice] | notwithstanding any Church relation, office or interest, so it bee done in a Ciuill and not in an Eclesiasti- call way : nor shall any Church censure degrade or depose any man from any Ciuill dignitye, office or authority hee shall haue in the Commonwealth.
ESCHEATS.
It is ordered by this Courte and Authority thereof, that where no heire or owner of howses, lands, tennements, goods or chattells can bee found, they shall bee seized to the publique Treasury till such heires or owners shall make due clayme therevnto, vnto whome they shall bee restored vppon just and reasonable termes.
EXECUTIONS.
Whereas by reason of the great scarcity of mony, Execution being taken of seuerall persons goods that have beene sould at very cheape rates, to the extreame dammage of the Debtor ;
It is therfore ordered, that whatsoever Execution shall bee graunted vppon any debts made after the publishing of this order, the Cred- itor shall make choyce of one partye, the Debtor of a second, and the Courte of a thirde, whoe shall prise the goods so taken vppon Execu- tion aforesaid, and deliuer them to the Creditor,
EXECUTION UPPON DELINQUENTS.
It is ordered, that the Gouerno' or any other Magistrate in this Jurisdiction shall haue libberty and power to call forth any person that hath beene publiquely corrected for any misbehauio", to doe ex- ecution vppon any person or persons by whipping or otherwise, and that at any time hereafter as occasion doth require; and in case of defect or want of such, any other person as hee or they shall thinke meete.
FENCES.
For the preventing of differences that may arise in making or set- ting downe of Fences as well in meadowcs as vpland,-
It is ordered, that in the setting of posts and rayles or hedges in the meadow and homelotts, there shall bee a libberty for either partye of twelue inches from the dividend lyne, for breaking of the ground to sett the posts on, [or] for the laying on the hedge ; but the stakes and postes are to bee sett in the devident lyne ; and in vpland there is allowed a libberty of foure foott for a ditch from the devidend
›
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[25*] lyne for either of the bordering partyes where the propor- tion of Fences belongs vnto them .*
FYNES.
It is ordered by this Courte, that the Estreits [for] the levying of Fynes shall goe forth once euery yeare, both in the Townes on the Riuer and by [the] seaside, and that some officer in each place shall bee appointed to levye and receive the same, [and] the Accots to bee giuen in by the severall plantations of theire generall charge, at the Courte in September, for the perfecting of the Acco's betwixt them : Mr. Ludlow is desiered to graunt out Warrants for the Fynes by the seaside.t
FYRE.
It is ordered by this Courte and the Authority thereof, that who- soeuer shall kindle any fire, in woods [or] grounds lying in common or inclosed, so as the same shall runn into such Corne grounds or Inclosures, before the tenth of the first month, or after the last of the second month, or on the last day of the weeke, or on the Lords day, shall pay all damages, and halfe so much for a fyne ; or if not able to pay, then to bee corporally punnished, by a warrant from one Magistrate or more, as the offence shall deserue, not exceeding twenty stripes for one offence ; provided, that any man may kindle fyre vppon his owne ground at any time, so as no dammage come thereby, either to the Country or to any perticular person. And whosoeuer shall wittingly and willingly burne or destroy any frame, timber hewne, sawne, or riuen, heapes of wood, charcoale, corne, hay, strawe, hempe, flaxe, pitch or tarr, hee shall pay double dammages.
FORGERIE.
It is ordered by this Courte and Authority thereof, that if any person shall forge any Debtt or Conveyance, Testament, Bond, Bill, release, acquittance, Letter of Attorneye, or any writing to prevent equitye and justice, hee shall stand in the Pillorye three severall Lecture dayes, and render double damages to the partye wronged, and allso bee disabled to giue any evidence or verdict to any Courte or Magistrate.
* June 3d, 1644. (p. 105.) The accidental substitution of on, for or, was made in trans" cribing this order for the code of 1650, and is followed in the printed revision of 1673. T May 25th, 1647. p. 151. # Deed ?
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[26*]
FORNICATION.
It is ordered by this Courte and Authority thereof, that if any man shall committ fornication with any single woman, they shall bee punished either by inioyning to marriage, or fyne, or corporall pun- nishment, or all or any of these, as the Courte or Magistrates shall appoint, most agreeable to the word of God.
GAMING.
Vppon complaint of great disorder by the vse of the Game called Shuffle Board, in howses of Common Interteinement, whereby much precious time is spent vnfruitfully and much waste of Wyne and Beare occasioned,-
It is therefore ordered and enacted by the Authority of this Courte, that no person shall henceforth vse the said Game of Shuffle Board, in any such howse, nor in any other howse vsed as Common for such purpose, vppon payne for euery keeper of such howse to forfeitt for euery such offence twenty shillings ; and for euery person playing at the said Game in any such howse to forfeitt for euery such offence fiue shillings. The like penalty shall bee for playing in any place at any vnlawfull game.
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