Colonial Origins of the American Constitution - Группа авторов

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Assembly and ye authority thereof yt no horse or horse kind shall be suffered to goe vpon any of our lands and pastures wthout fence wthin this Province, from ye 1st day of May vnto ye 1st of 8ber, without a sufficient pr of iron fetters on his feete, or a clog equivelent, vpon ye penalty for evry owner of any such horse or horse kind yt shall be taken doeing damage, or wthin any man’s corne field, meadowes or inclosures, paying 5s. in mo, besides all damage to yt ptie yt impounded them; and if they be found doing damage wthout ye towne brande to wch they belong, ye owners of them shall pay 20s. in mony; and it is likewise ordered yt every towne wthin this Province shall have a distant brand marke, wch they shall brand theire horses wth all yt goe in ye comons from time to time.

      It is further ordered that no horse or horses shall be suffered to goe vpon any of our lands and pastures wthout fense wthin this Province yt is known to be vnruly, wthout the approbation of ye selectmen, or ye major pt of them of ye severall townes, vnder ye penalty of every owner of such horse paying 10s. in money to ye ptie yt soe find them contrary to this order, or loose his ye sd horse soe taken.

      Time and Place for Keeping Courts.

      5. For the better adminstration of justice, It is ordered by this Assembly and the authority thereof, yt these courts following shall be annually kept wthin this Province: A GENERALL ASSEMBLY, to meete at Portsmo ye 1st Tuesday in March, to make and constitute such Lawes and ordinances as may best conduce to ye good governmt of this his Majesties Province, as allso wth the Presidt and Counll, to heare and determine all actions of appeale from Inferior Court, whither of civill or criminall nature. Alsoe, there shall be 3 other courts held at time and place hereafter mentioned by ye Presidt and Councll, or any 6 of ye Councll, whereof ye Presidt or his Deputy be one, together wth a Jury of 12 honest men, chosen and called as ye law directs, for such as desire to be tried by a Jury; evry of wch Courts shall have full power to heare and determine all cases, civill and criminall, allowing one liberty of appeale from such sentance or judgmt as shall be passed in sd Court or Courts, to ye residt and Councll, together with the Generall Assembly as above sd, provided such appellant give bond to prosecute according to law. The time and place for holding such shall be as followeth:

      At Dover ye first Tuesday in June; at Hampton ye first Tuesday in 7ber; at Portsmo the first Tuesday in 10ber.

      All Tryalls by Jury.

      6. It is further enacted yt all tryalls, whether capitall, criminal, or between man and man, both respecting meritine affairs as well as others, be tryed by a Jury of 12 good and lawfull men, according to the good & commendable custome of England, except the ptie or pties concerned doe refer it to the bench, or some express law doth refer it to their judgmt and tryall, or the tryall of some other court where jury is not, in wch case any ptie agreived may appeale, and shall have tryall by a jury; and it shall be in ye liberty of both plant and defendt, or any delinquent yt is to be tryed by a jury, to challenge any of ye jury, and if ye challenge be found just and reasonable by ye bench, it shall be allowed him, and others wthout just exception shall be impanelled in theire roome; and if it be in case of life and death the prisoner shall have libertye to except against 6 or 8 of ye jury wthout giving any reason for his exceptions.

      Constables to Clear Their Rate in the Year.

      7. For the better clearing of ye arrears in the hands of the constables.

      It is ordered yt if any Constable shall faile to clear vp his rates wthin his yeare, he shall be lyable to have his estate distrained by warrt from ye Treasr, directed to ye Marshall or Marshalls wthin this Province; and for all rates for ye ministry and other towne rates, ye selectmen shall direct their warrts to ye Constables next chosen, to distraine upon the estates of such Constables as shall faile of their duties therein.

      Freemen.

      8. It is ordered by this Assembly and the authority thereof, yt all Englishmen, being Protestants, yt are settled Inhabitants and freeholders in any towne of this Province, of ye age of 24 years, not viceous in life but of honest and good conversation, and such as have £20. Rateable estate wthout heads of persons having also taken the oath of allegiance to his Majs, and no others shall be admitted to ye liberty of being freemen of this Province, and to give theire votes for the choic of Deputies for the Generall Assembly, Constables, Selectmen, Jurors and other officers and concernes in ye townes where they dwell; provided this order give no liberty to any pson or psons to vote in the dispossion or distribution of any lands, timber or other properties in ye Towne, but such as have reall right thereto; and if any difference arise about sd right of voting, it shall be judged and determined by ye Presidt and Councill wth the Genll Assembly of this Province.

      Marriage.

      9. As the ordinance of Marriage is Honrable amongst all, so should it be accordingly solemnized. It is therefore ordered by this Assembly and the authority thereof, that any member of ye Councill shall have liberty to joyne any persons together in marriage; and for prevention of unlawfull marriages it is ordered yt no pson shall be joyned in marriage before the intention of the pties pleeding therein have been 3 times published, at some publique meeting in ye townes, where ye pties, or either of them doe ordinarily reside, or be sett up in writing upon some post of theire meeting house door, in publique view, there to stand soe as it may be easily read, by ye space of 14 dayes.

      Making Rates.

      10. That thear may be a just and eaquall way of raising means for defraying ye publique charge, boath in church and civill affairs, whereof every pson doth or may receive ye benefit, their persons and estates shall be asseassed or rated as followeth, vizt: to a single rate of a penny in ye pound, every male person above the age of 16 yeares, is vallued at 18 l., and all land within fense, meddow or marsh, mowable, shall be at 5s. [per] acres; all pasture lands without fence, rate free; all oxen 4 yeares old and upward, 3 l.; steers, cows and heiffers of 3 yeare old, at 40s., steers and heiffers, of 2 yeares old, at 25s.; yearlings at 10s.; horses and mares of 3 yeares old and upward, at 20s., sheepe above 1 yeare old, at 5s.; swine above one yare old at 10s.; and all other estates whatsoever in ye hands of whome it is at ye time when it shall be taken, shall be rated by some equall proportion, by ye selectmen of each towne, wth grate care yt pticulars be not wronged; and all ships, ketches, barques, boates, and all other vessells wchsoever, shall be rateable, as allso, all dwellings houses, ware houses, wharffs, mills, and all handy-crafts men, as carpenters, masons, joiners, shoemakers, taylors, tanners, curriers, butchers, bakers, or any other artificers, victuallers, merchts and inn keepers shall be rated by estymation. If any persons be greved at their being over-rated, they shall have liberty to complain to ye next quarr Court, who shall give them all just reliefe.

      Selectmen Take Accounts.

      11. For ye more eaquall and imparshall valluing of houses and ships and other estates of mrchts, traders, handycraft, wch must necessarily be rated by estymatyon—

      Be it enacted by this Assembly and the authority thereof, yt ye selectmen of ye severall townes shall forthwth take an accot of all such estates, wth ye vallue thereof according to theire ordinary way of rating; a list of wch estates, so taken and vallued, shall be trancmitted to a committee of 4 men chosen by this Assembly out of Dover, Portsmo, Hampton and Exetor, together wth 2 of ye Counll, wch comitte shall examine and compare sd list and bring sd estates to an equall valluation, having respect to the places where they lie, yt no towne or psons be burthened beyond proportion; wch act of said committee in the vtion of sd estates shall stand as a rule, according to which rates and asseasmts shall be made for ye future; ye psons chosen for this Comittee are Richd Walderne, Esqr, Elias Stileman, Esqr, Mr. Ro: Elliott, Mr. Anthony Nutter, Mr. Ralph Hall, Mr. Edward Gove, and ye time of meeting ye 2d Tuesday in Aprill in Portsmoo.

      A List of Males and Estates to Be Taken.

      12. It is ordered by this Generall Assembly yt warrts be forthwith ishued out to ye Selectmen of ye severall townes wthin this Province, yt they doe forthwth take a list of all ye male psons of 16 yeares old and vpward in theire respective townes, wth ye valluation of all their estates, according to such rules as are past this court; and all psons yt are so rated are to be rated by estymatyon and make returns thereof to ye commitee appointed for yt affaire, at or before the 2d Tuesday in Aprill next.

      Bounty for Killing Woolf.

      13. It is

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