or officer is to keep the same in his own hands or custody, til the court, or deliver it to the Secretary or other officer, to be recorded, that nothing be altered in it. And yet where any such witnesse lives in the plantation where the court is held, or at furtherest within sixteen miles of it, and is not disabled by sicknesse or other infirmity; the said testimony, so taken out of court, (especially in capital causes,) shal not be received or made use of in court, except it were either at first taken in presence of the party testified against, or that the witnesse be after present in court, to be (if there be cause,) further examined about it And it is further ordered, that any person, (by warrant from a Magistrate, or other officer thereunto authorised,) summoned to appeare as a witnesse in any civil case betwixt party and party, shal not be compellable to travel to any court in another plantation, where he is to give his testimony, except he who procured the summons, shal first lay down or give him satisfaction for his travel and expences outward and homeward, after the rate of two shillings a day, in proportion to the length of the way, and for such time as he shal necessarily spend in attendance about such case at the court or place, due recompence shal be awarded by the court. And if any witnesse só summoned, and after such payment, or satisfaction, shal fail to appeare to give his testimony, he shal (upon an actionof the case,) be liable to pay the parties damages. And the like appearance (under such penalties as the nature and weight of the case may require,) shal all witnesses (being summoned) be bound to make, to give evidence in criminal causes, who shal also have due satisfaction from the Treasurer, upon notice and direction from the secretary of the court where the case was tried. And it is further ordered, that in all such cases, the charges of the witnesses shal be born by the Delinquent, and shal be added to the fine or censure imposed. That what the treasurer, upon such warrant from the court, shal disburse to the witnesses, may be duly repaid by the

offender, that neither the Jurisdiction nor plantation be unnecessarily burdened.

WOLVES.

Upon experience of great hurt already done by wolves in these parts, and upon consideration how mischievous the increase of them may prove, it is (for the incouragement of all such as wil set themselves to kil and destroy them,) ordered, that whosoever shall kil an old Wolf, within this Jurisdiction, and bring his head, shal have for the same 20s., and for each young Wolf so killed, 10s. And that the Indians have for each old Wolfes head, so killed, five shillings; and for each young one, 2s. and 6d., which several sums are to be paid by the plantation within the limits whereof sush Wolfe is killed, the bounds whereof are the lines betwixt each plantation; and to this purpose so to be accounted 12 miles up into the country.

SOME PRESIDENTS AND FORMES OF THINGS FREQUENTLY USED.

Summons.

To (A. B.) Husbandman of B. you are to appeare at the next Court, holden at N. on the

day of

month

next ensuing, to answer unto the complaint of (C. D.) for withholding a debt of due upon a Bond or Bills, &c. or for a Horse, &c. sould you by him, or for work, or for a trespass done him, in his Corne or Hay, by your cattel, or for a defamation, or Slander you have raised or brought upon his name, or for striking him, or the like. And hereof you may not fail at your peril. Dated the

day of

month, 1655.

An Attachment.

To the Marshal or constable of (N.) or to his Deputy ;

you are required to attach (when the case requires it) the body and goods of (E. F.) and to take Bond of him to the value of with sufficient surety or sureties, for his appearance at the next court holden at (N.) on the

day

of the month, then and there to answer the complaint of (G. H.) for &c. as before, and so make a true returne thereof, under hand. Dated the

Bond for Appearance.

day, &c.

Know all by these presents, that we (E. F.) of M., Husbandman, and (I. K.) of the same plantation, carpenter, do bind ourselves, our Heirs and Executors, to (L. M.) Marshal, or (N. O.) Constable of (N.) aforesaid, in pounds, upon condition that the said (E. F.) shal personally appeare at the next Court at (N.) to answer (G. H.) in an action of and to abide the order of the Court therein; and not to depart without license.

Replevin.

To the Marshal or Constable of you are required to Replevin two Heifers of (P. R.) now distrayned or impounded, by (S. T.) And to deliver to the said (P. R.) provided he give Bond to the value of with sufficient surety or sureties, to prosecute his Replevin, at the next court holden at (S.) and so from court to court, til the cause be ended; and pay such costs and damages as the said (S. T.) shal by law recover against him, and so make a true return thereof, under your hand. Dated, &c.

Oath of Fidelity.

You (S. T.) being by the providence of God, an Inhabitant within New Haven Jurisdiction, do freely and sincerely acknowledge yourselfe to be subject to the Government thereof; and do here sweare by the great and dreadful name of the everlasting God, that you wil be true and faithful to the same; and will yield due assistance thereunto,

with your person and Estate, as in equity you are bound; and wil truly indeavour to entertaine and preserve all the liberties and priviledges thereof, submitting yourself to all the Just and wholesome Laws and orders, which already are, or shal hereafter shal be by lawful authority there made and established. And further, that you will neither plot nor practice any evil against it, nor consent to any that shal do So. But will fully and timely discover the same to lawful authority there settled, for the speedy preventing thereof. And that you wil, as in duty you are bound, maintaine the honour of the same, and of all the lawful Magistrates thereof, promoting the publick good, whilst you shal continue an Inhabitant there; and whensoever you shal be duly called as a free Burgess, according to the fundamental order and agreement for Government in this Jurisdiction, to give your vote or suffrage, touching any matter which concerneth this Colony, you shal give it as your conscience you shall judge may be conduce to the best good of the same, without respect of person, or favour to or from any man. So help you God in our Lord Jesus Christ.

Governors Oath.

Whereas you (A. B.) are chosen to the place of Governor within this Jurisdiction, for the ensuing year, and til a new Governor be chosen and sworn, you do here swear by the great and dreadful name of the everliving God, to maintaine (according to the best of your ability) all the lawful priviledges of this commonwealth; according to the fundamental order and agreement made for government thereof, and that you will carry and demean yourself for the said time of your Government, according to the Laws of God, and the advancement of his Gospel, the Laws of this colony. And the good of the Inhabitants thereof, you shal do Justice to all without partiality, as much as in you lyeth. So help you God.

224

BLUE LAWS OF NEW HAVEN COLONY.

Deputy Governor and Magistrates.

Whereas you (C. D.) are chosen to the place of Deputy Governor, &c., or you (E. F.) are chosen to the place of Magistrate, &c., as in the Governors oath, mutatis mutan

dis.

Other Officers and Witnesess.

Several other oaths are to be administered to other officers, as Secretary and Treasurer for the Jurisdiction, Deputies for particular Courts, Marshal, Constable, Witnesses, &c. But the substance of their oaths is to ingage them to a faithful discharge of the duty of their places and trust, according to the best of their ability, to preserve the peace of the Jurisdiction, and to give ful and true evidence in the cases wherein they give testimony.