USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 46
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LYING.
Whereas truth in words as well as in actions is required of all men, especially of Christians whoe are the professed seruants of the
* From the Massachusetts " Body of Liberties," of 1641.
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God of Truth ; and whereas all Lying is contrary to Truth, and some sortes of Lyes are not onely sinfull, as all Lyes are, but allso pernicious to the publique weale and iniurious to perticular per- sons ;
It is therfore ordered by this Courte and Authority thereof, that euery person of the age of discretion, web is accounted fourteene yeares, who shall wittingly and willingly make or publish any Lye wch may bee pernicious to the publique weale, or tending to the damage or iniurye of any perticular person, to deceiue and abuse the people with false newes or reportes, and the same duely prooued in any Courte or before any one Magistrate, who hath hereby power graunted to heare and determine all offences against this Lawe, such persons shall bee fyned for the first offence ten shillings, or if the party bee vnable to pay the same, then to bee sett in the Stocks, so long as the said Courte or Magistrate shall appointe, in some open place, not exceeding three houres ; for the second offence in that kind, whereof any shall bee legally convicted, the sum of twenty [38*] shillings, || or bee whipped vppon the naked body not ex- ceeding twenty stripes : and for the third offence that way, forty shillings, or if the party bee vnable to pay, then to bee whipped with more stripes, not exceeding thirtye. And if yett any shall offend in like kinde and bee legally convicted thereof, such person, male or female shall bee fyned ten shillings at a time more then formerly, or if the party so offending bee vnable to pay, then to bee whipped with fiue or sixe stripes more then formerly, not exceeding forty at any time. And for all such as being vnder age of discretion, that shall offend in Lying, contrary to this Order, theire Parents or Mas- ters shall giue them due correction, and that in the presence of some officer, if any Magistrate shall so appointe. Provided allso, that no person shall bee barred of his just action of slaunder or otherwise, by any proceeding vppon this Order.
MASTERS; SERVANTS; SOJOURNERS.
It is ordered by this Courte and Authority thereof, that no Master of a Familye shall giue interteinment or habitation to any younge man to soiourne in his familye, but by the allowance of the inhabit- ants of the Towne where hee dwells, vnder the penalty of twenty shillings pr weeke. And it is allso ordered, that no young man that is neither married nor hath any servant, nor is a publique officer, shall keepe howse of himselfe without the consent of the
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Towne for and vnder paine or penalty of twenty shillings a weeke .*
It is allso ordered by the Authority aforesaid, that no servant, either man or maid, shall either giue, sell or truck, any commodity whatsoeuer, without license from theire master, during the time of theire service, vnder paine of fyne or corporall punishment at the discretion of the Courte, as the offence shall deserue. And that all workemen shall worke the whole day, allowing convenient time for food and rest.
It is allso ordered, that when any Servants shall runn from theire Masters, or any other inhabitants shall priuately goe away with suspition of ill intentions, It shall bee lawfull for the next Magis- trate, or the Constable and two of the chiefest inhabitants, where no Magistrate is, to press men and boates or pinnaces, at the publique charge, to persue such persons by sea or land, and bring them [39*] back by force of armes.
And whereas many stubborne, refrectary and discontented Ser- uants and Apprentices, withdraw themselues from theire Masters services to improve theire time to theire owne advantage ; for the preventing whereof, It is ordered, that whatsoeuer Servant [or] Ap- prentice shall hereafter offend in that kinde, before theire Covenants or tearme of service are expired, shall serue theire said Masters, as they shall bee apprehended or retained, the treble terme or threefold time of theire absence in such kinde.t
MANSLAUGHTER.
It is ordered by this Courte and Authority thereof, that if any per- son in the just and necessary defence of his life, or the life of any other, shall kill any person attempting to rob or murther in the feild or highe way, or to breake into any dwelling howse, if hee conceiue hee cannott with safety of his own person otherwise take the Felon or Assailant, or bring him to tryall, hee shall bee houlden blameless.
MAGISTRATES.
This Courte being sensible of the great dissorder growing in this Common wealth, through the contempts cast vppon the Civill Au- thority, wch willing to prevent, doe order and decree :
That whosoeuer shall henceforth openly or willingly defame any
* Feb. 21st, 1637. p. 8. The words 'for and,' in the line before the last, were probably sub- stituted for 'first had,' by an error of the compiler, or recorder, of the code of 1650.
t June, 1644. p. 105.
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Courte of Justice, or the sentences and proceedings of the same, or any of the Magistrates or judges of any such Courte, in respect of any Act or sentence therein passed, and being thereof lawfully convicted in any Generall Courte or Courte [of ] Magistrates, shall bee pun- nished for the same by fyne, imprisonment, dissfranchisement or bannishment, as the quality and measure of the offence shall deserue.
MARRIAGE.
Forasmuch as many persons intangle themselues [by] rashe and inconsiderate contracts for theire future joininge in Marriage Cove- nant, to the great trouble and greife of themselues and theire freinds ; for the preventing thereof,
[40*] It is ordered by | the Authority of this Courte, that whoso- euer intends to joine themselues in Marriage Covenant shall cause theire purpose of contract to bee published in some publique place, and at some publique meeting in the severall Townes where such persons dwell, at the least eight dayes before they enter into such contract whereby they ingage themselues each to other, and that they shall forbeare to joine in Marriage Covenant at least eight dayes after the said contract .*
And it is allso ordered and declared, that no person whatsoeuer, male or female, not being at his or her owne dispose, or that remaineth vnder the gouernement of parents, masters or guardians, or such like, shall either make, or giue interteinment to, any motion or sute in way of marriage without the knowledge and consent of those they stand in such relation to, vnder the seuere censure of the Courte in case of delinquency, not attending this order ; nor shall any third person or persons intermeddle in making any motion to any such, without the knowledge and consent of those vnder whose gouernment they are, vnder the same penalty.t
MARRIAGES AND BIRTHS ; See RECORDS ..
MARSHALL.
It is ordered by this Courte, that the Marshall shall be allowed for euery Execution hee serues, wch is under the sum of fiue pounds, two shillings six pence, and foure pence for euery myle hee goes to serue the said Execution out of the Towne where hee liueth : And for euery Execution hee serues of or aboue fiue pounds and under the sum of ten pounds, hee shall be allowed three shillings foure
· Apr. 10th, 1640. p. 47, 48. 1 July 5th, 1643. p. 92.
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pence, and foure pence for euery myle, as before : And for euery Execution hee serues of or aboue the sum of ten pounds, hee shall bee allowed fiue shillings, and foure pence for euery myle as before. Allso hee is to bee allowed his other just and necessarye charges ; onely it is provided that if hee bee excessiue therein, vppon due complaint and proofe made, it shall bee redressed. And it is allso further ordered that the Marshall shall bee allowed for euery At- tachement hee serues halfe so much as is before allowed him for Executions, onely hee is to haue foure pence for euery myle hee goes to serue the Attachement as before.
It is further ordered by the Courte and Authority thereof, that euery Officer* that shall at any tyme bee fyned for the breach of any pænall lawe or other just cause, such person or persons so of- [41*] fending || shall forthwith pay his or theire fyne or penalty [or giue] in security speedily to doe it, or else shall bee imprisoned or kept to worke till it bee paid, that no loss may [come] to the Com- monwealth ; and what other fynes or debts allready due or shall bee due to the Country, the Marshall for the time being, vppon warrant from the Treasurer, and according to his oath, shall bee faithfull in doing the duty of his place in levyinge and returning the same, vp- pon paine of forfeiting two shillings of his owne estate for euery pound, or else such fine as any Courte of Justice shall impose on him for neglect.
MEASURES AND WEIGHTS.
Forasmuch as it is observed that there are diuers of Weights, Yardes and Measures amongst vs, wherby dammages many times ensueth by commerce with seuerall persons ; for the preventing whereof,
It is now ordered, that no man within these libberties, shall, after the publishing of this order, sell any comodityes but by sealed weight or measure, under the penalty of twelue pence each default. The Clarke is to haue a penny for sealing a weight or measure each time ; And no weight or measure is to bee accounted authentick that is not sealed or approoued by the Clarke, once euery yeare. The said Clarke is to breake or demolish such Weights, Yards or Measures as are defectiue. f
* In the (printed) revision of 1672-3, the word 'person' is substituted for 'officer.'
| The substance of this order is contained in an order of Feb. 14th, 1643-4. p. 100.
47
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MILLITARY AFFAIRES.
It is ordered and by this Courte declared, that all persons that are aboue the age of sixteene yeares, except Magistrates and Church offi cers, shall beare Armes, vnless they haue, vppon just occassion, ex- emption graunted by the Courte ; and euery male person within this Jurisdiction aboue the said Age, shall haue in continuall readines, a good muskitt or other gunn, fitt for service, and allowed by the Clark of the Band, with a sword, rest and bandaleers, or other ser- uiceable provision in the roome thereof, where such cannott bee had ; as allso such other millitary provision of powder, match and bullitts as the lawe requires, and if any person whoe is to prouide Armes or Ammunition cannott purchase them by such meanes as hee hath, . hee shall bring to the Clarke so much Corne or other merchantable goods as by aprizement of the said Clarke and two others of the Com- pany (whereof one to be chosen by the partye) [as shall bee judged [42*] of a greater value by a fifth part] then such Armes or Ammu- nition is of, hee shall bee excused of the penalty for want of Armes (but not for want of appearance) vntill hee bee provided. And the Clarke shall indeauor to furnish him so soone as may bee by sale of such goods so deposited rendring the ouerplus to the partye. But if any person shall not bee able to provide himselfe Armes or Ammu- nition through meere poverty, if hee bee single hee shall bee put to service by some Magistrate, and the Constable shall appointe him Armes and Ammunition, and shall appointe him when and with whome to earne it out.
And it is ordered that all the Soulgers within this Jurissdiction shall bee trained at least six times yearely, in the months of March, Aprill, May, Septembr, Octobr or November, by the appointment of the Captaine or Chiefe officer in the seuerall townes : And the times of theire meeting together shall be at eight of the clock in the morn- inge. And the Clarke of each Band shall, twise euery yeare at least, veiw the Armes and Ammunition of the Band, to see if they all bee according to Lawe ; And shall vppon euery Traininge day giue his attendance in the feild, euery day, (except hee hath speciall leaue from his Captaine or Cheife Officer) to call ouer the Roll of the Sould- gers and take notice of any defect by theire absence or otherwise : And hee shall duely present to the Gouernor or some of the Magis- trates, all defects in Armes or Ammunition, at least once in each yeare, and oftner if it bee required. And it is left to the judgement of the Magistrates to punnish all defects in that kind according to the nature of the offence, wherein due regard is to bee had of willfull
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neglects in any, that such may not pass without a severe censure, And whosoeuer shall bee absent any of the dayes appointed for traininge, after the houre appointed, or shall not continnue the whole time, shall forfeitt the sum of two shillings six pence for euery de- fault, except such as are licensed vnder the hand of two Magistrates. The Clarkes of the severall Bands are to distreine the delinquents, within fourteene dayes after the forfeiture ; whereof six pence shall bee to himselfe and the remainder for the maintenance of Drums, Cullers &c. And if any of the said Clarkes shall omitte to distreine any delinquents, aboue the said terme of fourteene dayes, hee shall forfeitt and pay to the vse of the Publique, double the fyne so neg- lected by him.
[43*] It is ordered, that the Souldgers shall onely make choyce of theire Millitary Officers, and present them to the Perticular Courte ; but such onely shall bee deemed officers as the Courte shall confirme.
The state and condition of the place where [we] liue, by reason of the Indians and otherwise, requiring all due meanes to bee vsed for the preservation [of the] safety and peace of the same, this Courte judgeth necessary that there should bee a Magazine of Powder and Shott provided and mainteined in the Country, in each Towne within this Jurissdiction ; And doe therefore order and decree, that there shall bee two barrills of Powder and six hundred weight of Lead provided by this Commonwealth, before the Generall Courte in Sep- temb" next, weh shall bee meinteined and continued and accounted as the Country stock. And it is allso further ordered, that the sev- erall Townes within this Jurissdiction shall provide and mainteine as followth, viz :-
Wyndsor, one barrill and halfe of Powder, four hundred and fifty pound of Lead, one hundred fathom of m[atch,] nine Cotton Coates or Corseletts and suffitient serviceable Pikes to either of them.
Hartford, two barrills of Powder, six hundred weight of Lead and six score fathom of Match, and twelue Cotton Coates or Corseletts with serviceable Pikes to either of them.
Wethersfeild, one barrill of Powder, three hundred weight of Lead, eighty fathom of Match, and eight Cotton Coates or Corseletts with serviceable Pikes to either of them.
Seabrooke, halfe a barrill of Powder, one hundred and fifty pound of Lead, forty fathom of Match, and three Cotton Coates or Corse- letts with serviceable Pikes to either of them.
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Farmington, the same in each perticular with Seabrooke.
Fairefeild and Strattford, in each Towne, one barrill of Powder three hundred weight of Lead, one hundred fathom of Match, and six Coates or Corseletts with serviceable Pikes to either of them.
South hampton and Pequett, in each Towne, halfe a barrill of Powder, one hundred and fifty pounds of Lead, forty fathom of Match, with three [Coates or Corseletts with serviceable Pikes to either of them.]
[44*] Each Towne allso shall provide so many good firelocke mus- kitts and good backswords or Cuttlasses, as the Corseletts are they are charged with by this order. All wch shall bee provided by the seuerall Townes by the Courte in September next, and meinteined constantly for the future, vppon the penalty of ten shillings p" month for each Townes defect or neglect herein.
Allso it is further ordered, That euery male person within this Jurissdiction, that is aboue the age of sixteene yeares, whether Mag- istrates, Ministers or any other, (though exempted from training, watching and warding,) shall bee allwayes provided with, and haue 'in readiness by them, halfe a pound of Powder, two pound of ser- viceable Bullitts or shott, and two fathom of Match to euery Match- lock, vppon the penalty of fiue shillings a month for each persons default herein : provided notwithstanding, that if the proportions of powder laid vppon each Towne and person either doth not at present or shall not, (by reason of the increase of theire numbers,) for the future, amount in all to three pound of powder for euery Souldger, fthen each Towne shall, vppon the former penaltye, provide so much more as shall bee three pound of powder for a Souldger, and other provision of Lead &c. increase in each Towne according to the same proportion.
Whereas many inconveniences doe appeare, by reason that the severall Souldgers of the Trained Bands in each Towne within this Jurisdiction haue not beene allowed some powder vppon theire Training dayes, for theire practice and exercise in theire severall firings :-
It is ordered by the Authority of this Courte, that there shall bee allowed to euery Souldger in the seucrall Trained Bands in each Towne as aforesaid, halfe a pound of powder a peece for a yeare, " and so from yeare to yeare for the future, to bee provided by and at the propper costs and charges of the Masters and Gouernors of each familye vnto wch the said Souldgers doc belong, to bee called forth,
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improued and disposed of, at the discretion of the Captaine or other principall leaders in each Trained Band.
It is allso ordered, that the Captaines, Leiftennants and Ensignes shall bee freed from watching and warding, and the Serieants from warding and halfe theire watch.
[45*]
MINISTERS MEINTENANCE.
Whereas the most considerable persons in [these Colonyes] came into these partes of America that they [might] inioye Christe in his ordinances, without dis[turbance ;] And whereas amongst many other pretious [mercies] the ordinances haue beene and are dispensed amongst vs with much purity and power ; this[Courte] tooke it into theire serious consideracon how due meintenance, according to God, might bee provided and setled, both for the present and [future,] for the incouragement of the Ministers who [labour] therein ; And doe order, that those who are [taught] in the word, in the severall planta- tions bee [called] together, that euery mann voluntarily sett downc what hee is willing to allowe to that end and [vse :] And if any man refuse to pay a meet proportion, that then hee bee rated by Authority in some [just] and equall way; and if after this any man with- hold or delay due payment, the Civill power to bee exercised, as in other just debts .*
OATHS.
[The oaths for the Governor, Magistrates, Constables, Freemen, and Jurymen, are the same as originally recorded, pages 25, 26. 62, 57. Those which follow, were inserted after the adoption of the code, and are in the hand writing of Secretary Clark.]
[47*] Commissioners Oath.t
You doe sweare by the great and dredfull name of the euerlasting God, that for this yeare ensuing {and] vntill new bee chosen, you shall faithfully execute the place and office you are chosen unto, according to the extent of your Comission : So helpe you God, in the name of the Lord Jesus Christ. +
Secretaries Oath.
A. B. You being chosen Secretary for this Jurisdiction, dureing this year, doe sweare by ye great name of God, that you shall keep
* Ordered, Oct. 25th, 1644, upon the recommendation of the Commissioners of the U. Col- onies. p. 112.
+ This and the two following Oaths, were subsequently recorded, (as appears by the hand writing) by Secretary Clark.
47*
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the secrets of the Court and shall carefully execute the place of a Secretary, and shal truly and faythfully record all Orders of the Court ; and (fixe the Seale vnto ye orders sent forth to ye respectiue Townes &*) shall deliuer true copies and certificates when they shalbe necessarily required. So help you God, in our Lord Jesus Christ.
Grand Juryes Oath.
You doe sweare, by the great and dreadful name of God, that you will with all due care and faithfulnes make presentment according to order, at ye Quarter Court in September next, such misdemeanours and transgressions of ye Lawes and Orders of this Commonwealth as shal come to your cognisance ; as also to doe your indeauour to find out such things as are contrary to religion and peace : So help you God, in or Ld. Jesus Christ.
[48*]
PEAGE.
It is ordered by this Courte and decreed, that no Peage, white or black, bee paide or received, but what is strunge and in some meas- ure strung sutably, and not small and great, vncomely and disorderly mixt, as formerly it hath beene.t
POORE.
It is ordered by this Courte and Authority thereof, that the Courte of Magistrates shall haue power to determine all differences about lawfull setling and providing for poore persons, and shall haue power to dispose of all vnsetled persons, into such Townes as they shall judge to bee most fitt for the maintenance and imployment of such persons and families for the ease of the Countrye.
POUND; POUND BREACH.
For prevention and due recompense of dammage in Corne feilds and other inclosures done by Swyne and Cattle, It is ordered by this Courte and Authority thereof, that there shall bee one suffitient Pound or more made and meinteined in euery Towne and Village within this Jurissdiction, for the impounding of all such Swyne and Cattle as shall bee found in any Cornefeild or other Inclosure : And whosoeuer impounds any Swyne or Cattle shall giue present notice to the owners, if hee bee knowne, or otherwise they shall bee cryed
* The words in the parenthesis are interlined.
t Recommended by the Commissioners of the U. Colonies ; and approved by the Gen. Court, Mar. 1649; p. 179.
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at the two next Lectures or Markitts. And if Swyne or Cattle escape out of the pound, the owner, if knowne, shall pay all dam- mages, according to lawe.
And whereas impounding of Cattle in case of Trespasses hath beene allwayes found bothi needfull and proffitable, and all the breaches about the same very offensive and iniurious :- It is there- fore ordered by this Courte and Authority thereof, that if any person shall resiste or rescue any Cattle going to the Pound, or shall by any way or meanes conuey them out of Pound or custody of the law, whereby the party wronged may looss his dammage and the Lawe bee deluded, that in case of meere Rescues, the party offending shall forfeitt to the Treasure, forty shillings ; and in case of Pound breach, fiue pounds ; and shall allso pay all damages to the party wronged : And if in the Rescue any bodily harmes bee done to the person of any man or other, they shall haue remedye against the rescuers : And if either bee done by any not of abillitye to answer the dam- mage and forfeitt aforesaid, they shall bee [ ] whipt, by [49*] warrant from any Magistrate | before whome the offender is convicted, in the Towne or Plantacon where the offence was com- mitted, not exceeding twenty stripes, for the meere Rescue or Pound breach, and for all dammages to the party they shall satisfie by ser- vice, as in case of theft : And if it appeare there were any procure- ment of the owners of the Cattle therevnto, (and that they were Abettors) they shall all pay forfeitures and damages as if themselues had done it.
PROFANE SWEARING.
It is ordered and by this Courte decreed, that if any person within this Jurissdiction shall sweare rashly and vainely, either by the holy name of God, or any other oath ; and shall sinfully and wickedly curse any ; hee shall forfeitt to the Common Treasure, for euery such severall offence, ten shillings: And it shall bee in the power of any Magistrate, by warrant to the Constable, to call such persons before him, and vppon just proofe to pass a sentence, and leuye the said penalty, according to the vsuall order of Justice : And if such persons bee not able, or shall vtterly refuse to pay the aforesaid fyne, hee shall bee committed to the Stocks, there to con- tinue not exceeding three houres and not less than one houre.
RATES.
It is ordered by this Courte and Authority thereof, that euery In- habitant shall henceforth contribute to all charges both in Church
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and Common wealth whereof hee doth or may receive benefitt, and euery such Inhabitant who doth not voluntarily contribute propor- tionably to his abillity with the rest of the same Towne to all com- mon charges, both Ciuill and Ecleseasticall, shall bee compelled therevnto by assessments and distress, to be leuyed by the Constable or other officer of the Towne as in other cases; And that the Lands and Estates of all men, whereuer they dwell, shall bee rated for all Towne Charges, both Ciuill and Ecleseasticall as aforesaid, where the Lands and Estates shall lye, and theire persons, where they dwell.
For a more equall and ready way of raising means [for] defray- ing of publique charges in time to come, and for preuenting such in- conueniences as haue fallen out vppon former assessments ;- It is [50*] ordered and acted by the Authority of this Courte, || That the Treasurer for the time being shall, from yeare to yeare, in the first month, without expecting any other order, send forth his Warrants to the Constables of euery Towne within this Jurisdiction, requiring the Constable to call together the Inhabitants of the Towne, whoe being so assembled shall chuse three or foure of theire able Inhabit- ants, whereof one to bee a Comissioner for the Towne, whoe shall some time or times in the sixth month then next ensuing, make a list of all the male persons in the same Towne from sixteene yeares old and vpwards, and a true estimation of all personall and reall estates being (or reputed to bee,) the estate of all and euery the persons in the same Towne, or otherwise vnder theire custody or managing, ac- cording to just valuation, and to what persons the same belong, whether in theire owne Towne or other where, so neare as they can by all lawfull wayes and meanes weh they may vse, viz: of howses, lands of all sortes, as well vnbroken vp as other (except such as doth or shall lye common, for free feed of Cattle, to the vse of the Inhab- itants in generall, whether belonging to the Townes or perticular persons, but not to bee kept or hearded vppon it to the damage of the proprietors,) mills, shipps and all small vessells, merchantable goods, cranes, wharfes, and all sortes of Cattle, and all other knowne estate whatsoeuer, as allso all visible estate either at sea or on shore ; all wch persons and estates are by the said Commissioners and select men to be assessed and rated as heere followth, viz: Euery person afore- said, (except Magistrates and Elders of Churches) two shillings six pence by the head, and all estates both reall and personall, at one penny for euery twenty shillings, according to the rates of Cattle hereafter mentioned. And for a more certeine rule in rating of
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