An Abstract or the Laws of New England, Chapter 4 – Chapter 6
CHAP. IV. Of the right of Inheritance.
1 FIrſt, Foraſmuch as the right of diſpoſals of the Inheritance of all Lands in the Countrey, lyeth in the Generall Court, whatſoever Lands are given and aſſigned by the Generall Court, to any Town or perſon ſhall belong and remaine as right of Inheritance to ſuch Townes and their ſucceſſors, and to ſuch perſons and to their heires and Aſſignes as their propriety for ever.
Whatſoever Lands belong to any Town, ſhall be given and aſſigned by the Town or by ſuch Officers therein, as they ſhall appoint unto any perſon, the ſame ſhall belong and remaine, unto ſuch perſon and his heires and aſſignes as his proper right for ever.
3 And in dividing of Lands to the ſeverall perſons in each Town, as regard is to be had partly to the number of the perſons in family: To the more aſſigning the greater allotment, to the fewer leſſe, and partly by the number of beaſts, Num. 26.53 54. Num 35.3.by the which a man is fit to occupy the Land aſſigned to him, and ſubdue it: Eminent reſpect (in this caſe may be given to men of eminent quality and deſcent) in aſſigning unto them more large and honorable accommodations, in regard of their great disburſements to publike charges.
4 Foraſmuch as all Civill affaires are to be adminiſtred and ordered, ſo as may beſt conduce to the upholding and ſetting forward of the worſhip of God in Church fellowſhip. It is therefore ordered, that whereſoever the Lands of any mans Inheritance ſhall fall, yet no man ſhall ſet his dwelling houſe above the diſtance of halfe a mile or a mile at the furtheſt, from the meeting of the Congregation, where the Church doth uſually aſſemble for the worſhip of God.
5 Inheritances are to deſcend naturally to the next of kinne, Num. 27.7. to 11.according to the Law of Nature, delivered by God.
6 If a man have more Sonnes than one, Deu. 21.17then a double portion to be aſſigned, and bequeathed to the eldeſt Son, according to the Law of Nature, unleſſe his own demerit do deprive him of the dignity of his Birth-right.1 Chr. 5.1…
7 The will of a Teſtatour, is to be approved, or diſallowed by the Court of Governours, and Aſſiſtants, or by the Court of Iudges in each Towne; yet not to be diſallowed by the Court of Governours, unleſſe it appeare either to be counterfeit or unequall, either againſt the Law of God, or againſt the publike weale, or againſt the due right of the Legatours.
8 As God in old time, in the Common-wealth of Iſraell, forbad the alienation of Lands from one Tribe to another, ſo to prevent the like inconvenience in the alienation of Lands, from one Towne to another it were requiſite to be ordered.
1 Firſt, that no free Burgeſſe, or free Inhabitant of any Town ſhall ſell the Land allotted to him in the Towne, (unleſſe the free Burgeſſe of the Towne give conſent unto ſuch ſale, or refuſe to give due price anſwerable to what other offer without fraud) but to ſome one or other of the free Burgeſſes, or free Inhabitants of the ſame Towne.
2 That if ſuch Lands be ſould to any others, the ſale ſhall be made with reſervation of ſuch a rent charge to be paid to the Town Stock, or Treaſury of the Towne, as either the former occupiers of the Land were wont to pay towards all the publike charges thereof; whether in Church or Town, or at leaſt after the rate of three ſhillings the acre or ſome ſuch like proportion, more or leſſe, as ſhall be thought fit.
3 That if any free Burgeſſes, or free Inhabitants of any Towne, or the heire of any of their Lands, ſhal remove their dwelling from one Towne to another, none of them ſhall carry away the whole benefit of the Lands which they poſſeſſed, from the Townes whence they remove: But if they ſhall keepe the right of Inheritance, in their own hands, & not ſell it as before, then, they ſhall reſerve a like proportion or Rent charge out of their Land, to be paid to the publike Treaſury of the Towne, as hath beene wont to be paid out of it to the …ublike charges of the Town and Church, or at leaſt after the rate of three or five ſhillings an Acre, as before.
4 That if the Inheritance of a free Burgeſſe, or free Inhabitants of any Town fal to his daughters, as it wil do for defect of heires males, that then if ſuch daughters doe not marry to ſome of the Inhabitants of the ſame Towne where their Inheritance lyeth, nor ſell their Inheritance to ſome of the ſame Towne as before, that then they reſerve a like proportion of rent charge out of their Lands to be paid to the publike Treaſury of the Towne, as hath beene wont to be paid out of them, to the publike charge of the Towne and Church; or at leaſt after the rate of three or five ſhillings an Acre, provided alwayes that nothing be payed to the maintenance of the Church out of the Treaſury of the Church or Towne, but by the free conſent and direction of the free Burgeſſes of the Towne.
CHAP. V. Of Commerce.
1 FIrſt it ſhall be lawfull for the Governour with one or more of the Counſell, to appoint a reaſonable rate of prizes upon all ſuch commodities as are out of the Ships, to be bought and ſould in the Countrey.
2 In trucking or trading with the Indians no man ſhall give them for any commodity of theirs, Silver or Gold, or any weapons of war, either Guns or Gunpowder, nor Sword, nor any other munition, which might come to be uſed againſt our ſelves.
3 To the intent that all oppreſſion in buying and ſelling may be avoyded, it ſhall be lawfull for the Iudges in every Towne, with the conſent of the free Burgeſſes to appoint certaine ſelect men, to ſet reaſonable rates upon all comodities, and proportionably to limmit the wages of workemen and labourers, and the rates agreed upon by them, and ratified by the Iudges, to bind all the Inhabitants of the Towne. The like courſe to be taken by the Governour, and Aſſiſtants, for the rating of prizes throughout the Countrey, and all to be confirmed if need be by the generall Court.
4 Iuſt waights and ballances to be kept betweene buyers and ſellers, Lev. 19.35.36. Pro. 11.1. and 16.11. and 20.10. Deu. 24 10 11, 12, 13. Exod. 22.26, 27.and for default thereof the profit ſo wickedly and corruptly gotten, with as much more added thereto, is to be forfeited to the publike Treaſury of the Common-wealth.
5 If any borrow ought of his neighbour upon a pledge, the lender ſhall not make choyce of what pledge he will have, nor take ſuch pledge as is of dayly neceſſary uſe unto the debtor, or if he do take it, he ſhall reſtore it againe the ſame day.
6 No increaſe to be taken of a poore brother or neighbour, Ex. 22.25. Lev. 25.36 37.for any thing lent unto him.
7 If borrowed goods be loſt or hurt in the owners abſence, the borrower is to make them good, but in the owners preſence wherein he ſeeth his goods no other wiſe uſed than with his conſent, the borrower ſhall not make them good: If they were hired, Ex. 22.14, 15.the hire is to be paid and no more.
CHAP. VI. Of Treſpaſſes.
1 IF a man's Swine or any other beaſt, or a fire kindled, Ex. 22.5, 6,breake out into another mans field or corne, he ſhal make full reſtitution both of the dammage made by them, and of the loſſe of time, which others have had in carrying ſuch Swine or beaſts unto the owners, or to the fould.
But if a man put his beaſts or Swine into anothers field, reſtitution is to be made of the beſt of his owne, though it were much better than that which were deſtroyed or hurt.
2 If a man kills another mans beaſt, or digge and open a pit, Lev. 24.18 Ex 21.34.and leave it uncovered, and a beaſt fall into it; he that killed the beaſt, or the owner of the pit ſhall make reſtitution.
3 If any man's beaſt kill the beaſt of another, Exo. 21.35the owner of the beaſt ſhall make reſtitution.
4 If a man's Oxe or other beaſt, Ex. 21.28, 29, 30, 31.gore or bite and kill a man or a woman, whether Child or of riper age, the beaſt ſhall be killed, and no benefit of the dead beaſt reſerved to the owner, but if the Oxe or beaſt were wont to puſh or bite in times paſt, and the owner hath beene tould it, and hath not kept him in; then both the Oxe or beaſt ſhall be forfeited and killed, and the owner alſo put to death, or fined to pay what the Iudges and the perſons dampnified ſhall lay on him.
5 If a man deliver goods to his neighbour to keepe, and they be ſaid to be loſt or ſtolne from him, the keeper of the goods ſhall be put to his oath touching his own innocency, which if he take, & no evidence appeare to the contrary, he ſhall be quit, Ex ….2, 1… 1.but if he be found falſe or unfaithfull, he ſhall pay double unto his neighbour.
But if a man take hire for the goods committed to him, and they be ſtolne, the keeper ſhall make reſtitution: But if the beaſt ſo kept for hire dye or be hurt, or be driven away, no man ſeeing it, then oath ſhall be taken of the keeper, that it was without his default, and it ſhall be accepted: but if the beaſt be torne in pieces, and a peece be brought for witneſſe, it excuſeth the keeper.