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Preamble.

Children to be inftructed, &c.

Penalty on parents, &c. for neglect of duty.

Select-men to infpect, &c.

Children.

An Act for educating and governing of Children.

Forafmuch as the Education and well Governing of Children is of fingular Benefit to a People: And whereas many Parents and Masters are too negligent of their Duty in the Matter:

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That all Parents and Masters of Children fhall, by themselves or others, teach and instruct, or cause to be taught and inftructed, all fuch Children as are under their Care and Government, according to their Ability, to read the English Tongue well, and to know the Laws against Capital Offences: And if unable to do so much, then at least to learn fome fhort orthodox Catechifm without Book, fo as to be able to answer to the Questions that fhall be propounded to them out of fuch Catechifm, by their Parents, Masters, or Minifters, when they fhall call them to an Account of what they have learned of that Kind.

And if any Parent or Mafter fhall neglect the performing what is by this Act required of them, every fuch Parent, or Mafter being thereof legally convicted before any one Affiftant or Juftice of the Peace, fhall forfeit and pay the Sum of twenty Shillings, to and for the Use of the Poor of the Town whereto they belong.

And that the Select-men of every Town in this State, in their feveral Precincts, and Quarters, fhall have a vigilant Eye and Infpection over their Brethren and Neighbours; and fee that none of them fuffer fo much Barbarism in any of their Families, as to want fuch Learning and Inftruction; and to take Care that due Profecutions be made for the Breach of this A&t.

And the Grand-jury-men in each Town, are hereby required to take Care, and fee that what is by this Act required for the Education of Grand-jury Children, be duly performed; and to make Presentment of all Breaches to present, of this Act which fhall come to their Knowledge. &c.

Children to

be bro't up to fome honeft calling, &c.

Stubborn children to

be bound out, &c.

And be it further enacted by the Authority aforefaid, That all Parents and Mafters, fhall employ and bring up their Children and Apprentices in fome honeft and lawful Calling, Labour or Employment, profitable for themselves and the State.

And if the Select-men of the Town where fuch Parents or Masters live, after Admonition by them given to fuch Parents or Masters, fhall find them ftill negligent of their Duty, in the Particulars aforementioned in this A&t; whereby fuch Children grow rude, ftubborn and unruly, such Select-men (with the Advice of the next Affiftant or Juftice of the Peace), hall take, and they are hereby fully authorized and impowered, to take fuch Children and Apprentices from their Parents or Masters, and place them with, and bind them to fome Master or Masters; Males till they are Twenty-one Years of Age, and Females till they are Eighteen Years of Age; to the End they may be fuitably inftructed, employed and governed: Which binding fhall be good and effectual, for the holding and governing fuch Children, the Terms aforefaid.

And that whatsoever Child or Servant, upon Complaint made, fhall be convicted of any stubborn or rebellious Carriage, against their Parents or Stubborn Governors, before any two Affiftants or Juftices of the Peace, fuch Affiftants or Juftices are hereby authorized and impowered, upon fuch Conviction, to commit fuch Child or Servant to a Houfe of Correction; there to remain under hard Labour and fevere Punishment, fo long as faid Authority fhall judge meet; who, on the Reformation of fuch Children and Servants, may order their Release, and Return to their Parents or Masters aforefaid.

rebellious children to be fent to a houfe of correction.

An

Communities. Confcience.

An Act for enabling Communities to maintain, recover
and defend their common Rights, Eftates and Interests.

BE
E it enacted by the Governor, Council and Representatives, in General Court
affembled, and by the Authority of the fame, That it fhall and may be
lawful, for all and every Town, Truftees for Schools, Proprietors of
common and undivided Lands, Grants, and other Eftates and Intereft, and
all other lawful Societies or Communities whatever, to fue, commence and
profecute any Suits or Actions, for the maintaining, recovery, or defence of
their Grants, Interefts and Estates, in any Court proper to try the fame ;
and to appear either by Themfelves, Agents, or Attornies; and in like
Manner to defend in all Suits and Actions, as fhall be brought or com-
menced against them.

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Communi ties how to

fue, &c.

And when any fuch Town, Trustees, Proprietors, or Society as aforefaid, fhall be fued, it fhall be fufficient Notice for them to appear and answer, Notice, to leave a true and an attefted Copy of the Writ or Summons, containing fuch Suit or Action, with their Clerk, or either of the Select-men or Committee-men, twelve Days before the fitting of the Court where the Cafe is to be heard; as in other Actions is provided.

An Act for fecuring the Rights of Confcience in Matters of Religion, to Christians of every Denomina+ tion in this State.

As the happiness of a People, and the good Order of Civil Society, effentially depend upon Piety, Religion and Morality, it is the Duty of the Civil Authority to provide for the Support and Encouragement thereof; fo as that Chriftians of every Denomination, demeaning themselves peaceably, and as good Subjects of the State, may be equally under the Protection of the Laws: And as the People of this State have in general, been of one Profeffion in Matters of Faith, religious Worship, and the mode of fettling and supporting the Minifters of the Gospel, they have by Law been formed into Ecclefiaftical Societies, for the more convenient Suppert of their Worship and Ministry: And to the End that other Denominations of Chriftians who diffent from the Worship and Miniftry Jo established and fupported, may enjoy free Liberty of Confcience in the Matters aforefaid:

BE it enabled by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Perfons in this State, profeffing the Chriftian Religion, who foberly and confcientiously diffent from the Worship and Ministry by Law established in the Society wherein they dwell, and attend public Worship by themfelves, fhall incur any Penalty for nor attending the Worship and Miniftry fo eftablished, on the Lord's-Day, or on account of their meeting together by themselves on faid Day, for public Worship in a Way agreeable to their Confciences.

Preamble.

Diffenters

not to incur any penalty tending, &c.

for not at

When ex

And be it further enacted by the Authority aforefaid, That all denominations of Chriftians differing in their religious Sentiments from the People of the eftablished Societies in this State, whether of the Epifcopal Church, or those Congregationalifts called Separates, or of the People called Baptifts, or Quakers, or any other Denomination who fhall have formed themselves empted from into diftinct Churches or Congregations, and attend public Worship, and taxes, &c. fupport the gofpel Miniftry in a Way agreeable to their Consciences and respective Profeffions; and all Perfons who adhere to any of them, and dwell fo near to any Place of their Worship that they can and do ordinarily

attend

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All diffent ers the fame powers, &c.

To pay taxes for the fup

port of public worship.

Conftables.

attend the fame on the Sabbath, and contribute their due Proportion to the fupport of the Worship and Miniftry where they fo attend, whether fuch Place of Worship be within this, or any adjoining State, and produce a Certificate thereof from fuch Church or Congregation, figned by their Order, by the Minifter or other Officer thereof, and lodge the fame with the Clerk of the Society wherein fuch Perfon or Perfons dwell, every fuch Perfon fhall be exempted from being taxed for the fupport of the Worship and Miniftry of faid Society, fo long as he or they fhall continue fo to attend and support public Worship with a different Church or Congregation as aforefaid.

And be it further enacted by the Authority aforefaid, That all fuch Proteftant Churches and Congregations as diffent from the Worship and Miniftry established as aforefaid, and who maintain and attend public Worship by themselves, fhall have Liberty and Authority to use and exercife the fame Powers and Privileges for maintaining and fupporting their respective Minifters,, and building and repairing their Meeting-Houfes for the public Worship of God, as the Ecclefiaftical Societies, conftituted by Act of the General Affembly of this State by Law have and do exercise and enjoy ; and in the fame Manner may commence and hold their Meetings, and tranfact their Affairs, as Occafion may require for the Purpose aforefaid.

And all Persons shall be taxed for the fupport of the Miniftry and other Charges of the Society wherein they dwell, who do not attend and help Support, any other public Worship; any thing in this Act notwithstanding. And every Perfon claiming the benefit of this Act, fhall be difqualified Difqualified to vote in any Society Meeting, fave only for granting Taxes for the fupfrom voting port of Schools, and for the Establishment of Rules and Regulations for in fociety Schools, and the Education of Children in them.

meetings.

Conftables yearly cho

fen.

One to collect ftate taxes.

Perfons tendered by warrant

from neigh

bouring ftates, to be transported, &c.

cries.

An Act relating to Constables.

BE it enabled by the Governor, Council and Representatives, in General Cours affembled, and by the Authority of the fame, That the Conftables in each Town in this State, fhall be yearly chosen to that Office; and fworn by fome Affiftant or Juftice of the Peace; or where there are no fuch Authority in any Town, by the Town-Clerk of that Town, before the first Day of January in each Year.

And that one, and but one Conftable, fhall be appointed by each Town, to levy and gather their State Taxes, and make up their Accounts thereof with the Treasurer.

That every Perfon tendred to any Conftable, of any Town in this State, by any Constable or other Officer belonging to any of the neighbouring States, with a Warrant from any of their Authority, fhall presently be received and forthwith conveyed from Conftable to Conftable, by the respective Conftables in this State, until fuch Perfon fhall be brought unto the Place to which he or she is fent, or before fome Affifiant or Juftice of the Peace in this State; who fhall difpofe of him or them as the justice of the Cause shall require : And that the Coft of tranfporting fuch Perfons as belong out of this State, fhall be paid out of the State Treasury; and for fuch as belong to any Town of this State, out of the Treasury of the Town to which fuch Constable belongs.

That every Constable shall duly receive all Hue-and-cries; and the fame Hue-and- diligently purfue to full effect; fuch as are granted and fent out after Capital or Criminal Offenders, at the Coft and Charge of this State; but fuch as are taken out by particular Perfons in their own Cafes, at the Coft and Charge of those who take them out. That

That

Conftables.

every Conftable within this State, is hereby authorized and fully impowered, to put forth Pursuits or Hue-and-cries after Murderers, Peacebreakers, Thieves, Robbers, Burglarians and other Capital Offenders, where no Magiftrate or Juftice of the Peace is near at Hand.

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When to

purfue murderers, &c. without

warrant.

As alio without Warrant, to apprehend fuch as are guilty of Drunkeness, profane Swearing, Sabbath-breaking, alfo vagrant Perfons, unfeafonable Alfo fabbath Night-walkers, or any others that fhall offend in any of thefe: Provided, breakers, they be taken and apprehended in the 'manner; either by the Sight of the Conftable, or prefent Information of fome others.

As alfo to make Search for all fuch Perfons, either on the Sabbath or other Days, when there fhall be Occasion, in Taverns and other suspected Places, or Houses; and thofe to apprehend and keep in fafe Cuftody, till Opportunity serves to bring them before the next Affiftant or Juftice of the Peace, for further Examination; in order to their being proceeded against according to Law.

&c.

To make

fearch in taveins, &c. ly perfons.

for diforder

That each and every Conftable fhall have Power and Authority to ferve To ferve and execute fuch lawful Precepts, Writs, or Warrants as are directed to them from lawful Authority.

And shall have the Power of Water-Bailiffs in the feveral refpective Towns in this State, when and where there fhall be Occafion for the fame. Provided nevertheless, That when any Conftable is employed or commanded by any Affiftant or Juftice of the Peace, to apprehend or arrest any Perfon or Perfons, he fhall not do it without a Warrant in Writing.

Be it further enacted by the Authority aforefaid, That all Conftables may, and from Time to Time fhall, make diligent Search throughout the limits of their Town, upon the Lord's-Days, and on all other Times, (as oft as they fhall be informed, or fee Cause), for fuch Offenders as fhall lye Tipling in any Inn, or Houfe of Entertainment, or private Houfe, exceffively, or unfeasonably; and after fuch as retail ftrong Drink without Licence: And alfo warn all thofe that frequent Taverns, and spend their Time there idly, to forbear: And alfo warn all thofe Perfons that keep fuch Houfes, not to fuffer any fuch Perfons in their Houfes. And to make due Prefentment of all Breaches of Law (coming within their Knowledge) to fome Authority proper to receive the fame, once in every Month.

And if upon due Information, any Conftable fhall refufe or neglect to make fuch Search, Seizure and Presentment, and be thereof legally convic. ted, he fhall pay a Fine of five Shillings to the Treasury of the Town whereto he belongs.

And be it further enacted by the Authority aforefaid, That if any Perfon fhall refufe at any Time to affift any Constable in the Execution of his Of. fice, being by him duly thereunto required, he fhall forfeit ten Shillings. And if it appear that any Perfon fhall wilfully, obftinately, or contemptuously refufe to aflift fuch Conftable, as is before expreffed, he shall forfeit and pay to the Ufe of the Town where the Offence is commited, forty Shillings: The faid Offence to be heard and tried by any Affiffant or Juftice of the Peace.

That if any Conftable, or other Perfon, upon urgent Occafion, fhall refufe to use his beft Endeavour, in raifing and profecuting Hue-and-cries, either en Foot or by Horfe (if need be) after Capital Offenders, he fhall forfeit the Sum of forty Shillings, to the Ufe aforefaid; to be determined as afore faid.

And every Conftable in this State, fhall be furnished with a black Staff, having a Head with the Arms of this State thereon; which Staff he fhall carry upon proper Occafions, as a Token or Badge of his Office; which the

Select-men

To have the power of water-bai

liff.

To fearch

for tiplers,

&c.

Penalty for refufing,&c.

Penalty for not affifting a conflable, &c.

Obftinate refufal, penalty 408.

Penalty for not purfuing capital of fenders, &c.

4.08.

To be fur nithed with

a black ftaff

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Penalty.

On removal new confta

bles to be chofen.

ing.

&c.

Counterfeiting, &c.

Select-men of each Town are to take Care to provide at the Town's Charge; upon Penalty of five Shillings for every Month's neglect; one Half to be to him or them that fhall profecute for the fame, and the other Half to the Town Treasury.

And in cafe any Town, by the Death or Removal of the Conftable or Conftables thereof, fhall become wholly deftitute of fuch Officers; fuch Town fhall forthwith affemble, and proceed to the Choice of a Constable or Conftables, to fupply the Vacancy fo made; who fhall be fworn according to Law.

An Act to prevent counterfeiting Bills of Credit, Coins or Currencies, paffing the fame, and emitting and paffing Bills on private Credit; and to prevent Injustice by paffing counterfeit Bills.

BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That whofoever shall forge, Counterfeit alter or counterfeit any of the Bills of public Credit, emitted by the Authority of this State, or by Authority of the United States in Congrefs affembled, or by the Authority of any one of the United States of America; or any Note or Notes iffued from the Loan-Office of this State, or from the Loan-Office of the United States, or of any one of the States aforefaid, For firft of or any Note or Notes iffued by the Prefident, Directors, and Company of . fence, the Bank of North-America; or fhall utter and put off any tuch forged, altered, or counterfeit Bill or Bills, Note or Notes, knowing them to be fuch, or that fhall counfel, advife, procure or any ways affift in forging, counterfeiting, imprinting, ftamping, altering or figning of any falfe, forgto be fined, ed and counterfeit Bill or Bills, knowing them to be fuch, or that fhall engrave any Plate, or make any Inftrument to be used for any of the Purposes aforefaid, or that fhall Stamp, or any other ways counterfeit any of the Coins of Gold or Silver currently paffing in this State, or that fhall utter and put off any fuch counterfeit Coins, knowing the fame to be base, false and counterfeit, or that fhall make any Inftrument or Inftruments for the counterfeiting any of the Coins aforefaid, or fhall be aiding or affifting therein, and be thereof convicted before the Superior Court, fuch Perfon or Perfons fo offending, fhall be whipped on the naked Body twenty Stripes, and pay a Fine, not exceeding One hundred Pounds, for the use of the Treafury of this State, and be confined to any Work-Houfe or House of Correction in this State, for a Term not exceeding ten Years, at the difcretion of faid Court. And if any Perfon fhall commit the like Offence, and be thereof convicted Punishment a fecond Time, he or she fhall be whipped thirty Stripes, and be confined in fuch Work-House or Houfe of Correction, and there be kept to hard Labour during the Term of his or her natural Life.

1001.

for fecond offence.

And that fuch Offenders may more effectually be discovered and deteɛled: Be it further enacted by the Authority aforesaid, That whofoever shall make Discovery, and give Information of any of the Offences aforefaid, fo that Reward for the Perfon or Perfons guilty thereof be tendred to Juftice, and convicted, detecting,

&c.

every fuch Informer fhall have and receive, as a Reward for his good Services, in discovering and informing as aforefaid, the Sum of ten Pounds; to be ordered out of the public Treasury, by the Court before whom such Conviction is had.

And more effectually to prevent the paffing of fuch counterfeit, forged, or altered Bills, and Injustice arifing thereby;

Be it further enacted by the Authority aforefaid, That when and fo often

as

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