Category Archives: New England

Item of the Day: A Copy of the Deposition of Francis Branson (1680)

A copy of the Deposition of Francis Branson.

Found In: Letters from the English Kings and Queens Charles II, James II, William and Mary, Anne, George II, &c. To the governors of the Colony of Connecticut, together with the Answers  thereto, from 1635 to 1749; and Other Original, Ancient, Literary and Curious Documents, Compiled from Files and Records in the Office of the Secretary of the State of Connecticut. By R. R. Hinman, A. M. Secretary of the State of Connecticut. Hartford: John D. Eldredge, Printer, 1836. [pp. 119-120]

 

Francis Branson, commander of the ship Anne and Hester, aged 30 years or thereabouts, in the behalf of his Majestie testifieth, that William Kelso, Chirurgeon, and John Bowland, mate of the said ship, being aboard, in the great cabbin at sea, the 16th day of April last, 1680, amongst other discourses that then passed between them, the said William Kelso in hearing of this Deponent, did declare in the great cabbin, that he was the Chirurgeon Generall, in the late rebellion in Scottland, and that after the Duke of Monmouth had been there and qualified them, Kelso cutt of his hair and wore a Perriwigg, and made his escape into the north of Ireland, and from thence transported himself to Dublin, and was there some small time, and from thence he made his excape to Bristol, and there he stayed a while, and after went up to London. He then at the same time did declare, that he knew those persons that murdered the Arch Bishop of St. Andrews, and that they had made their escape disguised, and could not be found; that there were sixe of them that sett upon him, when he was in his coach, going over a plain 3 miles from a village, that they hauled him out of his coach and told him that he had betrayed them, and therefore nothing should satisfie them but his blood. His Daughter being in the coach with him, opened her bosome, and desired them to spare her father and kill her, but they fell upon him with pistols, first pistolling him, and then hewed him in pieces with their swores ; all which words were spoken by the said Kelso, when we wee coming from England, being then bound for the Isle of May.

Sworn to in Court, the 4th January, 1680, in Boston, New England. That this is a true coppie taken and compared with the original, 4th January 1680.

Attest,

EDWARD RAWSON, Secr’y.

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Filed under 1680's, Crime and punishment, England, Great Britain, Ireland, Legal, New England, Posted by Caroline Fuchs, Trials

Item of the Day: Laws for Pequot Indians (1675) [i.e. 1676]

Laws for Pequot Indians.

Found In: Letters from the English Kings and Queens Charles II, James II, William and Mary, Anne, George II, &c. To the governors of the Colony of Connecticut, together with the Answers  thereto, from 1635 to 1749; and Other Original, Ancient, Literary and Curious Documents, Compiled from Files and Records in the Office of the Secretary of the State of Connecticut. By R. R. Hinman, A. M. Secretary of the State of Connecticut. Hartford: John D. Eldredge, Printer, 1836. [pp. 93-96]

 

[The following has been transcribed as it appears in the above text. No changes or corrections have been made to the spelling of the words in the document.] 

 

Laws of the said Indians to observe.

  1. That whosoever shall oppose or speake against the onely liveing and true God, the creator and ruler of all things, shall be brought to some English Court to be punished as the nature of the offence may require.
  2. That whosoever shall powaw or use witch-craft or any worship to the Devill, or any falls God, shall be so convicted and punished.
  3. That whosoever shall profane the holy Sabbath day by servill work or play, such as chopping or fetching home of wood, fishing, fowling, hunting, &c, shall pay as a fine tenn shillings, halfe to the cheife officers, and the other halfe to the constable and informer, or be sharply whipt for ever such offence.
  4. Whosoever shall committ murder or manslaughter, shall be brought to Hartford goale, and be tryed by the Government according to the English Law, which punisheth by death.
  5. Whosoever shall committ adultery by lying with another mans wife, or to have or keep her from her husband, shall be imprisoned and tryed and punished with a fyne of fortyy shillings for every offence, and so in the case of the adultresse; the sayd fine to be distributed as before.
  6. Whoseover shall steale, shall restore double to his neighbours for what he hath taken, when convict before their officer and councill, and pay the constable two shillins sixpence for his paynes about executing the law.
  7. Whosoever shall appeare, and prove to be drunk amongst them, shall pay tenn shillings or be whipt as the officers shall see meete, and the fine divided as before in the law about Sabbath breaking; in like manner shall it be done to such Indians as doe bring the liquors or strong drinke amongst them.
  8. It is ordered that a ready and comely attendance be given to heare the word of God preached by Mr. Fitch, or any other minister sent amongst them. The cheife officers and constables are to gather the people as they may, and if they be refractory and refuse, or doe misbehave themselves undecently, such shall be punished with a fine of five shillings, or be corporally punished as the officers shall see most meet.
  9. If the officers shall neglect in any of the premises to doe their duty, they shall receive double punishment, when convict thereof in any of our English Courts.
  10. But whosoever shall either affront the principall officer, or refue to assist the constable in the due execution of his office, shall pay for each affront so given, ten shillings, and for such refusall to assist the constable, five shillings.

Mr. Thomas Stanton Sen’r, and Lieutenant James Avery, were appoynted and desired to give them advice and help in all cases of difficulty, for the well management of their trust and affayres, to whome they are in all such cases to repayre.

WM. LEET, Dept Governor,

SAMUEL WILLYS, Assist.

JOHN TALCOTT, Assist.

JOHN ALLYN, Assist.

JAMES RICHARDS, Assist.

Dated in Hartford, May 31, 1675.

To Hermon Garrata to cause to be published to the people of his plantation, and the rest under his Government.

The tenn articles were faythfully published to Robin Harmaysun, Monohor, the Naragansett Sunk Squaw and her councill being present, at a great concourse amongst the Pequitts, the forepart which respects Robins own interest was served and desired Robin not to be published as yet.

pr. JOHN STANTON.

Capt. Avery, and Lieutenant Minor being present as witnesseth their hands.

JAMES AVERY

THO. MINOR.

The 24th January, 1675. [i.e. 1676]

 

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Filed under 1670'S, American Indians, Colonial America, Connecticut, Crime and punishment, Legal, New England, Posted by Caroline Fuchs, Religion

Item of the Day: A Letter from King Charles II regarding Nathaniel Bacon (1676)

Full Title: A Letter from his Majesty Charles 2d, for the apprehension of Nathaniel Bacon, the instigator and head of a Rebellion in Virginia

Found In: Letters from the English Kings and Queens Charles II, James II, William and Mary, Anne, George II, &c. To the governors of the Colony of Connecticut, together with the Answers  thereto, from 1635 to 1749; and Other Original, Ancient, Literary and Curious Documents, Compiled from Files and Records in the Office of the Secretary of the State of Connecticut. By R. R. Hinman, A. M. Secretary of the State of Connecticut. Hartford: John D. Eldredge, Printer, 1836. [pp. 99-100]

[The following letter has been transcribed as it appears in the above text. No changes or corrections have been made to the spelling of the words in the document.] 

CHARLES R.

Trusty and well beloved, wee greet you well, wee doubt not but you have heard of the disorders in our Colony of Virginia, raised and continued by Nathaniell Bacon the younger, who hath made himself the head and leader of a rebellion there, to the great detriment of that Colony, and the danger of others, near adjoyning  thereunto, having confidence therefore in your loyalty, and that you abhor such desperate and treasonable actions, and to prevent the contagion of so bad an example in other Colonies upon that tract belonging to our Crowne; wee have thought fitt to signifie our pleasure unto you, and hereby to require that if the said Nathaniel Bacon, or any of his accomplices in that rebellion, shall for their safety or otherwise, retreat, or resort into that Province of our Colony of New England, under your jurisdiction, or any part thereof, you cause him, them, and every of them, to be forthwith seized and secured, and then give immediate notice thereof, to the Governour or Commander in chief in Virginia, to the end such further course may be taken with them as shall be agreeable to law. And wee doe further require you to issue forth proclamation streightly, forbidding all and every the planters or inhabitants of your said Province to joyne with the said rebells, or to afford them any arms, ammunition, provisions, or assistance of any kind whatsoever, but contrarily enjoyning those under your jurisdiction to oppose the said rebells in all things as there shall be occasion–and so wee bid farewell. Given at our Court in White Hall, the 3d day of November, 1675, in the eight and twentieth year of our Reigne.

By his Majesties command.

H. COVENTRY

To our trusty and well beloved, the governour and Councill of the Colony of Connecticut, in New England.

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Filed under 1670'S, Charles II, Colonial America, Connecticut, Government, Great Britain, History, New England, Posted by Caroline Fuchs

Item of the Day: Letters from the English Kings and Queens (1836)

Full Title: Letters from the English Kings and Queens Charles II, James II, William and Mary, Anne, George II, &c. To the governors of the Colony of Connecticut, together with the Answers thereto, from 1635 to 1749; and Other Original, Ancient, Literary and Curious Documents, Compiled from Files and Records in the Office of the Secretary of the State of Connecticut. By R. R. Hinman, A. M. Secretary of the State of Connecticut. Hartford: John D. Eldredge, Printer, 1836.

 

PREFACE.

THE Author, or rather Compiler of the following work, publishes it as an act due the State, for the purpose of transmitting to posterity, a correct history of facts and events, which transpired in the early settlement of Connecticut–commencing, even before the falling of the first tree in the forest, by any white man in the Colony.

It is a compilation of a correspondence of the Kings and Qeens [sic] of England, with the different Governors of the Colony–from the first settlement in Windsor, Hartford and Wethersfield, in 1635, for the term of more than one hundred years–embracing letters from the Lords of the Council of trade and foreign plantations; a correct copy of the old patent of Connecticut; letters from the Hon. the Commissioners of his Majesties customs in England; and answeres by the Governors, &c. Also letters to apprehend Capt. Kidd, as a pirate, and many other interesting, curious literary communications–among which are twenty-seven questions sent to this Colony by the Lords of the Council of trade in 1679, with the answers of Gov. Leet–which answers are probably as correct early history of this Colony as is extant, and will be highly interesting to all readers. Indeed they are a succinct history of the Colony at that period, as to its navigations, productions, shipping, populations, state of society, Indian wars, religion, title of lands, trade and manufactures, &c. And when we contemplate that these answeres were written by a Governor of this State, when a Colony, nearly two hundred years since, upon this ground, then occupied by the sturdy trees of the forest, but now covered with stores, banks, public buildings and the splendid private dwellings of the refined population of the City of Hartford–and this, the first publication of most of them, they cannot fail to be interesting to the most inattentive observer of past events.

The orthography of the original letters and documents is strictly and carefully preserved.

The signatures of the Kings and Queens are uniformly placed at the commencement of the communications, and not at the close as is usual for other persons; the large, elegant and expensive seals attached to each letter, are yet in a perfect state of preservation. The idea tha the delicate hands of Queen Mary and Queen Anne of England have been upon the same sheets, which I have copied for this book, and nearly two centuries since, satisfies the mind that these events are indeed ancient, and appears rather as a dream, than a reality. The reader will occasionally observe, that answers to letters from England, are some few of them missing, not having been preserved by the writers as they should have been, not only for the benefit of the Colony at the time, but also for the advantage of future historians and the honor of the country.

This work is not published by the compiler expecting even a compensation for his labor, but solely to transmit to posterity, the important historical events which it contains, emanating from the pens of the Kings and Queens of England, and the Governors of this Colony, verified by their own signatutes and Seals, the last of whom have been gathered to their fathers nearly a century ago. . . .

 

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Filed under 1700's, Colonial America, Connecticut, Eighteenth century, Great Britain, History, New England, Posted by Caroline Fuchs

Item of the Day: Franklin on the Interest of Great Britain (1760)

Full Title:

The Interest of Great Britain Considered with Regard to Her Colonies and the Acquisitions of Canada and Guadaloupe.  To which are added, Observations concerning the increase of Mankind, peopling of Countries, &c.  As the very ingenious, useful, and worthy Author of this Pamphlet [B——n F——n, LL. D.] is well-known and much esteemed in England and America; and seeing that his other Works have been received with universal Applause; the present Production needs no further Recommendation to a generous, free, an intelligent, and publick-spirited People.  The Second Boston-Edition.  London, Printed MDCCLX.  Boston, N. E. Reprinted and Sold by B. Mecom, at the New Printing-Office, near the Town-House.  1760.

I have perused with no small Pleasure the Letter addressed to Two Great Men, and the Remarks on that Letter.  It is not merely from the Beauty, the Force and Perspicuity of Expression, or the general Elegance of Manner conspicuous in both Pamphlets, that my Pleasure chiefly arises; it is rather from this, that I have lived to see Subjects of the greatest Importance to this Nation publickly discussed without Party-Views, or Party-Heat, with Decency and Politeness, and with no other Warmth than what a Zeal for the Honour and Happiness of our King and Country may inspire;–and this by Writers whose Understanding (however they may differ from each other) appears not unequal to their Candour and Uprightness of their Intention.

But, as great Abilities have not always the best Information, there are, I apprehend, in the Remarks some Opinions not well founded, and some Mistakes of so important a Nature, as to render a few Observations on them necessary for the better information of the Publick.   

The Author of the Letter, who must be every Way best able to support his own Sentiments, will, I hope, excuse me, if I seem officiously to interfere; when he considers, that the Spirit of Patriotism, like other Qualities good and bad, is catching; and that this long Silence since the Remarks appeared has made us despair of seeing the Subject further discussed by masterly Hand.  The ingenious and candid Remarker, too, who must have been misled himself before he employed his Skill and Address to mislead others, will certainly, since he declares he aims at no Seduction, be disposed to excuse even the weakest effort to prevent it. 

And surely if the general Opinions that possess the Minds of the People may possibly be of Consequence in publick Affairs, it must be fit to set those Opinions right.  If there is Danger, as the Remarker supposes that “extravagant Expectations” may embarrass “a virtuous and able Ministry,” and “render the Negotiation for Peace a Work of infinite Difficulty;” there is no less Danger that Expectations too low, through Want of proper Information, may have a contrary Effect, may make even a virtuous and able Ministry less anxious, and less attentive to the obtaining Points, in which the Honour and Interest of the Nation are essentially concerned; and the People less hearty in supporting such a Ministry and its Measures. 

The People of this Nation are indeed respectable, not for their Numbers only, but for their Understanding and their publick Spirit: They manifest the first, by their universal Approbation of the late prudent and vigorous Measures, and the Confidence they justly repose in a wise and good Prince, and an honest and able Administration; the latter they have demonstrated by the immense Supplies granted in Parliament unanimously, and paid through the whole Kingdom with Chearfulness.  And since to this Spirit and these Supplies our “Victories and Successes” have in great Measure been owing, is it quite right, is it generous to say, with the Remarker, that the People “had no Share in acquiring them?”  The mere Mob he cannot mean, even when he speaks of the Madness of the People; for the Madness of the Mob must bee too feeble and impotent, arm’d as the Government of this Country at present is, to “over-rule,” even in the slightest Instances, the “Virtue and Moderation” of a firm and steady Ministry.

While the War continues, its final event is quite uncertain.  The Victorious of this Year may be  the Vanquished of the next.  It may therefore be too early to say, what Advantages we ought absolutely to insist on, and make the sine quibus non of a Peace, If the Necessity of our Affairs should oblige us to accept of Terms less advantageous than our present Successes seem to promise us, an intelligent People, as ours is, must see that Nesessity, and will acquiesce.  But as a Peace, when it is made, may be made hastily; and as the unhappy Continuance of the War affords us Time to consider, among several Advantages gain’d or to be gain’d, which of them may be most for our interest to retain, if some and not all may possibly be retained; I do not blame the public Disquisition of these Points, as premature or useless.  Light often arises from a Collision of Opinions, as Fire from Flint and Steel; and if we can obtain the Benefit of the Light, without Danger from the Heat sometimes produc’d by Controversy, why should we discourage it.   

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Filed under 1760's, American Revolution, Colonial America, Eighteenth century, Franklin, Great Britain, New England, Political Pamphlets, Posted by Matthew Williams

Item of the Day: A Sermon Preached Before His Excellency Francis Bernard (1766)

Full Title: A Serman Preached Before His Excellency Francis Bernard, Esq; Governor and Commander in Chief, The Honourable His Majesty’s Council, And the Honourable House of Representatives, of the Province of the Massachusetts-Bay in New-England, May 28th. 1766. Being the Anniversay for the Election of His Majesty’s Council for said Province. By Edward Barnard . . . Boston: Printed by Richard Draper, Printer to the Governor and Council; and by Samuel Draper, at their Printing-Office in Newbury Street, MDCCLXVI.

An ELECTION SERMON.

NEHEMIAH V. 19.

THINK upon me, my God, for good, according to all that I have done for this people.

AN aquaintance with the history of past ages will lead us to observe, that a common method of the exaltation of a people, hath been by a succession of men of eminent ablitites and influence. A great genius appears at their head, and forms a general scheme of institutions and laws. This being adopted, active spirits follow, who carry it into execution, and the community swiftly ascends to the height of prosperity.

EVEN Israel taken under the peculiar tutelage of Jehovah thus arose to a flourishing state. Moses, by divine direction, gave them the rudiments of civil and ecclesiastical polity. Joshua, by the same influence, led them over Jordan, and fixed them in the destin’d inheritance.

IN a way somewhat similar may we well suppose a people emerging from the depths of distress to regain their national character, Patriots, perhaps of different qualities, exert themselves in turn, agreable [sic] to their circumstances, ’till they make a respectable figure as in the former period of their existence.

AN illustration of this we have in the case of Judah restored to Palestine and the rights and privileges of their fathers, after residence in a strange land, and subjection to a foreign yoke, for seventy years.

DURING so long a term, when public offices of religion could not be regularly performed, when they were conversant with the superstitions of Gentilism, and the manners of masters upon whom they were entireley dependant, it is scarce possible but that the knowledge of divine truth must be greatly lost, the ardor of devoiton cool’d with many, their spirits broken, and generous public temper well night extinguished.

LET us view these exiles going to a desolate country, and a capital in ruins, with intention to possess and improve their ancient patrimony, rebuild their city, set up the worship of God upon the Hebrew ritual, and settle the civil administration to advantage; at the same time despis’d and hated by their neighbours, and retarded as much as possible in every salutary projection.

THESE things considered, nothing can be clearer than the vast importance that they should have wise men for pilots to direct them, men of goodness and intrepidity, to animate them to every arduous undertaking.

ACCORDINGLY a gracious God not only favored them with his prophets to instruct and support them, but rulers to lead and protect them, and forward the enterprises to which they were called —first Zerubbabel and Joshua, under whom the temple was built, and altar for daily sacrifice; then Ezra a scribe well instructed to the kingdom of heaven, who restored the scripture to its primitive purity, and dissov’d those interdicted alliances which weakened their attachment to their religion and country.

BUT Jerusalem yet laid defenceless, enormities in part remained.

THE full accomplishment of the merciful intention of heaven toward that afflicted people was reserved for Nehemiah.

THIS man held a lucrative post in a cour the center of the wealth and glory of Asia, and had an intricate access to the mightiest monarch then living. But surrounded with affluence and honor, he mourned for Zion. His countenance betrayed a troubled sould to his master, who understanding the cause, gave him liberty of absence for a term, invested him with a public character in Jedea, and sent mandatory letters to his officers bordering thereupon to assist him.

HIS arrival to Jerusalem was like the light of the mroning which dissipates the incumbent gloom, and invigorates nature. Every heart was revived, every hand employed. Present with them the walls went up and the city filled with inhabitants. By his incessant care and labours grievances were redressed, and all things regulated in such a manner as to render them easy and happy.

THIS is the lover of his nation, whose words I have read. Think upon me, my God, for good, according to all that I have done for this people.

 LANGUAGE this consonant to the principes of reason and revelation. Natural religion dictates tha Tod is good, and a lvoer of righteousness. The sacrifical services of the temple as insituted for particular cases, or pointing to the promised Saviour, while they imply’d guilt, gave assurance that it was consistent with the rectoral holiness of God to have respect to imperfect virtue. Nothing therfore is here expressed but what is agreable to a justness of tho’t, to a due humility of mind. . . .

 

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Filed under 1760's, Colonial America, Massachusetts, New England, Posted by Caroline Fuchs, Religion, Sermons

Item of the Day: An Abridgment of the Laws, and Ordinances of New-England, to the Year 1700 (1720)

[FOUND IN] — Full Title: The History of New-England Containing an Impartial Account of the Civil and Ecclesiastical Affairs of the Country To the Year of our Lord, 1700. To which is added, The Present State of New-England, with a New and Accurate Map of the Country. And an Appendix, Containing their Present Charter, their Ecclesiastical Discipline, and their Municipal-Laws. By Daniel Neal. Vol. II. London: Printed for J. Clark, at the Bible & Crown in the Poultry, R. Ford, at the Angel in the Poultry, and R. Cruttenden, at the Bible and Three Crowns in Cheapside, M.DCC.XX.

APPENDIX

Numb. IV.

An Abridgment of the Laws,

and Ordinances of New-England,

to the Year 1700.

 

A.

ACTIONS. Actions of Debts, Accounts, Slander, Actions of the case concerning Debts or Accounts, the Plaintiff may try where he will within the Juisdiction of the Court, where he or the Defendant lives; by consent, they may be try’d any where else. Other Actions must be try’d where the Cause did arise.

If the Plaintiff in an Action of Trespass pretends Damage above 40 s, and has receiv’d less, he shall be Non-suited, and pay Costs.

 No Action to be enter’d after the first Day of the Court’s sitting. Double Fees, for those enter’d after noon not be be recover’d of the Defendants.

 Whoever brings an Action without cause, must pay the charges the Court shall judge he occasion’d, and any Fine they impose; as likewise the Defendant, if they find him in Fault; Vexatious Actions, or Suits, to pay treble costs, and to be fin’d 40 s to the Treasury.

ADULTERY. If any Person commit Adultery with a marry’d Woman, Maid, or Woman espoused, both Man and Woman shall be put to Death.

AGE. No Person under 21 Years of Age, shall convery Lands or Hereditaments, or val [sic] in Eleccons [sic] of publick Offices, or give Verdict, or pass Sentence in any civil or criminal Court, or cause.

Orphans may choose their Guardians at 14.

None under the Age of 21, shall plead, or be impleaded in civil cases, but in the names of their Parents, Masters, or Guardians.

But in criminal cases, they must answer for their Misdemeanours, and inform against others in their own Names.

APPAREL. All Persons not worth 200 l. wearing Gold or Silver Lace, or Buttons, or Bone-Lace, above 2 s. per Yard, or Silk Hoods, or Scarfs, may be presented by the Grand-Jury, and shall pay 10 s. for every Offence.

The select Men of every Town may assess those who dress above their Rank, at 200 l. Estate, and make them pay, as those to whom their Dress is suitable, except Magistrates, their Wives, and Children, Officers, civil or military, Soldiers in Time and of Service; or such as have had a high Education, or are sunk from a higher Fortune, Anno 1651.

If any Person’s Dress should be adjudg’d by the Grand Jury, or County-Court above his Rank, they are to be admonish’d for the first Offence, to pay 20 s. for the second, 40 s. for the third, and 40 s. for every Offence afterwards, Anno 1662.

A Taylor who makes Cloaths for Children, or Servants, contrary to the Mind of their Parents or Masters, is for the first Offence, to be admonished, and for the second, to pay double the Value of the Cloaths, half to the Owner, and half to the County, 1662. The Grand-Jury are enjoin’d to present all Offenders in Apparel.

APPEAL. Any Person may appeal from an inferior to a superior Court, provided they tender their Appeal before the Judges of the Court they appeal to, put in Bail to prosecute it, and to pay Damages before Execution, which can’t be ’till 12 Hours after Judgment, unless by Special Order.

Appellants in criminal cases, to give Security for Appearance and good Behavior.

Appeals in Matter of Law, to be determin’d by the Bench; if two in five, or three in seven, or the like Proportion dissent from the Majority, there lyes an Appeal to the next General Court.

Appeals to be recorded at the charge of the Appellant, and certified to the Court to which they are made, the Reasons of them, without any Reflecting Language, to be given in Writing under their Hands, or their Attorney’s Hands, to the Clerk of the Court from whence they are made, six Days before the Court begins to which they are made.

Appellants not prosecuting their Appeals, to pay, beside their bonds to the Party, 40 s. to the County.

No Person who sate as Judge, or voted in the inferior Court, shall have a Vote in that Court to which the Appeal is made in the same case, but it shall be decided by different Persons.

The Court appeal’d to, shall judge the case according to the former Evidence, and no other Court may reverse Judgment, or abate, or increase Damages, Anno 1654.

Appeals from the Association-Courts of Portsmouth and Dover, are to the next County Court, and not to that of the Assistants at Boston, as formerly, Anno 1670.

APPEARANCE. No one to be punish’d for Non-Appearance, if hinder’d by Providence. This Law not to prejudice any Person in his costs or damages in civl Actions, Anno 1641.

ARRESTS. None to be arrested, or put in Prison for Debt, if the Law finds any Means of Satisfaction from his Estate, except in special contracts, Anno 1641.

The Person arrested to be in Prison at his own charge, unless the Court determine otherwise, but not to continue there, unless there is an Appearance of some Estate conceal’d, Anno 1641.

The Prisoner swearing before a proper Magistrate that he has no Estate, is to be releas’d, but is to make Satisfaction by Service, though not to be sold to any besides the English, Anno 1647.

In civil Actions, the Prisoner swearing he is not worth 5 l. the Plaintiff must maintain him in Prison, levying by Execution his Expence, if he can find Effects.

No Prisoner to go at Liberty, without License of the Court, or Creditor, if he does, the Keeper to be fin’d at Descretion, and pay the Debt. . . .

 

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Filed under 1700's, Colonial America, Legal, New England, Posted by Caroline Fuchs